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HomeMy WebLinkAbout2005-10-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 25, 2005-7:30 P.M EXECUTIVE SESSION 7:00 PM: Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of an application for a five (5) year extension of the site plan and wetlands permit approvals for phase three (3) of the Reckson Executive Park. 2) Consideration of a site plan and special use permit for construction of an addition to the clubhouse at the Blind Brook Club, 980 Anderson Hill Road, in the Village of Rye Brook. RESOLUTIONS: 1) Approving a site plan and special use permit for construction of an addition to the clubhouse at the Blind Brook Club, 980 Anderson Hill Road, in the Village of Rye Brook. 2) Appointment of Laborer. 3) Appointment of Building Inspector. 4) Authorizing use of Village Streets for Tamarack Tower Foundation Thanksgiving Day Turkey Trot. 5) Referring to the Planning Board a proposed local law amending Chapter 250 of the Code of the Village of Rye Brook regarding notification requirements. 6) Awarding Bid Contract#05-06 Site Alterations at the King Street Athletic Fields. ADMINISTRATOR'S REPORT OLD BUSINESS Board of Trustees Meeting October 25,2005 Page 1 NEW BUSINESS DISCUSSION ITEMS • Modification of Public Access Guidelines ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING BOARD Deputy Mayor Joan Feinstein Trustee Richard Buzin Trustee Michael Brown Trustee Paul Rosenberg Excused: Mayor Lawrence Rand STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Robert Bertolacci, Parks and Recreation Superintendent Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE Deputy Mayor Joan Feinstein noted that Mayor Rand was excused from the meeting, and Trustee Michael Brown was detained but would arrive at approximately 8:30 p.m. She pointed out that the compliment of the Board was three (3) members, until the arrival of Trustee Brown. Deputy Mayor Feinstein welcomed Assemblyman George Latimer who was scheduled to make a presentation on the Reverse 911. Assemblyman Latimer addressed the Board and congratulated the Village on its hard work on the Reverse 911 program. He noted that this is a cooperative project between Rye Brook, the Village of Port Chester, the Port Chester School District, and the Rye Brook School District. He presented the Village with a check for $7,000.00. Mr. Latimer took a moment to address the traffic issue on King Street. He noted that a joint meeting was scheduled for the first week in December with the New York State Department of Transportation, and pointed out that Rye Brook and Greenwich have been working very hard on this review. He also noted that both he and Senator Oppenheimer would be in attendance at the meeting. The State Department of Transportation is aware of the problems, and will be part of Board of Trustees Meeting October 25,2005 Page 2 the discussions on this significant traffic issue. Anyone with questions should contact the District office. Deputy Mayor Feinstein thanked Assemblyman Mr. Latimer for being such a wonderful friend to Rye Brook. She noted that all of his hard work is very much appreciated. County Legislator Martin Rogowsky was next to address the Board. He noted that the County has put a high priority on recreation and they are very happy to work with the Village on the King Street Fields project. Another recreation project that the County is working on is at Crawford Park with the Rye Brook Youth Soccer Association. A grant of$25,000 towards the renovation of the lawn behind the mansion has been awarded so that next year there will be a level field in this Town of Rye Park. Deputy Mayor Feinstein thanked the County for its cooperation on the King Street Athletic Fields through the Legacy Grant. The first item on the agenda was called before the Board. PUBLIC HEARING: 1) CONSIDERATION OF AN APPLICATION FOR A FIVE (5) YEAR EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE HTREE (3) OF THE RECKSON EXECUTIVE PARK On a motion made by Trustee Richard Buzin, and seconded by Trustee Paul Rosenberg, the public hearing was opened. Daniel Tartaglia, Esq. addressed the Board as counsel for the applicant. He submitted the Affidavits of Posting of the Sign and Service to Mr. Christopher Bradbury, Village Administrator. Mr. Tartaglia began his presentation by introducing the representatives of Reckson Executive Park that were in attendance and available to answer any questions from the Board or members of the public. He noted that the application had to do with Phase III of this project. Phase III is over 30 acres, and is bound by the west by SUNY Purchase, the south by Doral Greens, and the north by Bellefair. This property was originally owned by Royal Executive Park. The entire parcel is 79 '/z acres, with 76 located in New York and 3 '/2 located in Greenwich, Connecticut. 75 % acres are located in the Village of Rye Brook and �/z of an acre is located in Harrison. Royal subdivided the property into three parcels. Phase I and Phase 11, which are approximately 270,000 square feet with three buildings, were constructed in the 1980's. There was an approval for Phase III, an additional 345,000 square feet, but it was never constructed. In 1995 Phase III received an extension for five years, until March of 2005. Subsequently, Reckson obtained an extension of the site plan approval for Phase III in September 1998, Board of Trustees Meeting October 25,2005 Page 3 and was approved to construction an additional 15,000 square feet. In August of 2000 Reckson came in and asked for a site plan amendment which reduced the two (2) approved buildings to one (1) building and reduced the total size from 900,000 square feet to 820,000 square feet. The approved single building for Phase III was reduced from 360,000 square feet to 280,000 square feet. In 2003 there was a Wetland Permit which expires in 2005. The request from the applicant is that this approval be extended for five-years. This building is not going to be constructed for sometime, but the marketing of the property is going to begin right away. A tenant that is looking to lease a building of this size normally begins their search at least two (2) years prior. Reckson must show that all approvals are in place, and that construction can begin immediately. J. Michael Divney, P.E., of Divney, Tung, Schwalbe, addressed the Board as the engineering representative for the applicant, along with Mr. Gerhard Schwalbe. He gave the Board an overview of the site plan, and expanded upon some of the areas discussed by Mr. Tartaglia. A site plan of all three (3)phases was presented to the Board. It was noted that in 2000, when the two (2) buildings of Phase III were reduced to one (1) building, not only was the size of the building reduced, but the impervious surfaces and parking areas were also reduced. The reduction also meant that the buffers could be increased. No changes to the storm water detention basins were made, and the plan was identified and acceptable to the New York City Department of Environmental Conservation. The result is better storm water retention on the site because of the size of the detention basins. The applicant feels that this project will enhance this corridor of Rye Brook—not only in storm water management, but in wetlands and wetland habitat as well. At this time Reckson is looking for the ideal tenant. Work has been done at the intersection of King Street in preparation for this construction. In addition, the first storm water quality basin has already been installed. Other improvements already completed include the work done to improve International Drive. The cutting, filling, and shaping of the property will now be done, and the storm water detention basins will be in place to receive any sediment during the construction phase. When the actual construction starts, there will be much less erosion from the construction site. Reckson has been preparing for the construction. The applicant feels that this new building will blend in well with the area. It was also pointed out that there was more than adequate parking for this building. A request was made for a new traffic study. Mr. Tartaglia noted that a traffic study will be completed by the applicant at the intersection of King Street and International Drive when the entire Reckson Office Park, including Phases 1, II, and III, achieves a 90% occupancy. It was also noted that there is no obligation for the applicant to provide a double left turn lane on King Street if the traffic study does not indicate that traffic exceeds 725 vehicles during the morning peak hours. If required, the applicant will construct this double left turn lane, and they will have one year in order to obtain the Board of Trustees Meeting October 25,2005 Page 4 requisite approvals from the Town of Greenwich and the New York State Department of Transportation. If the application is denied, the applicant is willing to work with the Village to mitigate any traffic impacts created by the applicant's inability to construct this double left turn lane, with the cost of mitigation not exceeding the cost of the construction of the double left turn lane. It was noted that the members of the Planning Board were concerned about the traffic on King Street, and they have suggested additional studies. Deputy Mayor Feinstein noted that modifications to the site plan may also be requested during this process. There were no further questions from the Board, or members of the community. Deputy Mayor Feinstein asked for the consensus of the Board on next steps for this application as there were only three (3) members in attendance at the meeting. The decision was to hold the public hearing open to the November 8, 2005 Board of Trustee meeting, when Mayor Rand and Trustee Brown would be able to give their inputs. The applicant had been previously granted a 90-day extension until November 7, 2005. It was agreed to extend that deadline by one (1) more day until November 8, 2005, the date of the next Board of Trustees meeting. Deputy Mayor Feinstein called for the resolution on this matter. Mr. Bradbury summarized the following resolution for the Board: RESOLUTION CONTINUING A PUBLIC HEARING AND GRANTING AN ADDITIONAL ONE-DAY EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE 3 OF THE RECKSON EXECUTIVE PARK WHEREAS, Reckson Operating Partnership, L.P. ("Reckson") is the owner of certain property located at 1100 King Street, Rye Brook, New York, which property also is commonly known as "Reckson Executive Park;" and, WHEREAS, Reckson has made an application to the Village of Rye Brook for a five (5) year extension of its Site Plan and Wetlands Permit Approvals (the "Approvals") for that portion of the Reckson Executive Park known as "Phase 3," which also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 3, Lots 2, 3 and 4 (the "Property"); and WHEREAS, the current Approvals for Phase 3 were to expire on August 8, 2005; and WHEREAS, Board of Trustees, at its June 14, 2005 meeting, granted a ninety (90) day temporary extension of the Approvals, until 11:59 p.m. on November 7, 2005, for Reckson to pursue its Application for an extension of the Approvals; and Board of Trustees Meeting October 25,2005 Page 5 WHEREAS, the application was referred to the Planning Board for review and comment on September 27, 2005 and on October 6, 2005 the Planning Board recommended approval of a three (3)year extension; and WHEREAS, on October 25, 2005, the Village Board of Trustees opened a public hearing on the subject application, and finds it in the best interest of the Village to keep the public hearing open until the next regularly scheduled Village Board meeting on November 8, 2005, in order to further consider the application. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall continue the public hearing until November 8, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to continue to consider the application for a five (5) year extension of the Approvals; and On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BUZIN VOTING AVE TRUSTEE ROSENBERG VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AVE Deputy Mayor Feinstein called for the next item on the agenda: 2) CONSIDERATION OF A SITE PLAN AND SPECIAL USE PERMIT FOR CONSTRUCTION OF AN ADDITION TO THE CLUBHOUSE AT THE BLIND BROOK CLUB, 908 ANDERSON HILL ROAD, IN THE VILLAGE OF RYE BROOK On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was opened. Deputy Mayor Feinstein noted that mail notification for this application did not take place, and the sign was not installed in a timely fashion. The applicant has requested that the matter be adjourned to the November 22, 2005 Board of Trustees meeting. As the matter was on the agenda, Deputy Mayor Feinstein called for members of the public wishing to address the Board on this matter. There being no one, she called for a motion to adjourn. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the matter was adjourned to November 22, 2005. TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Board of Trustees Meeting October 25,2005 Page 6 Deputy Mayor Feinstein moved to the resolution portion of the agenda. It was noted that resolution #1 was adjourned to the November 22, 2005 meeting, along with the public hearing. 2) APPOINTMENT OF LABORER Mr. Bradbury read the following resolution: APPOINTMENT OF LABORER RESOLVED, that Victor G. DeMarr of Port Chester, New York, is hereby appointed to the position of Laborer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $36,779 with an effective start date of October 26, 2005. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. Mr. Bradbury congratulated Mr. DeMarr, who has been working for the Village since December 2003, as a seasonal laborer. He has done a great job and he was very happy and pleased to make this recommendation. Mr. DeMarr thanked the Board for this opportunity. TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE 3) APPOINTMENT OF BUILDING INSPECTOR. Mr. Bradbury read the resolution. RESOLUTION APPOINTMENT OF BUILDING INSPECTOR RESOLVED, that Michael Izzo of Rye, New York, is hereby appointed to the position of Building Inspector with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it Board of Trustees Meeting October 25,2005 Page 7 FURTHER RESOLVED, that the annual salary is $85,000, with an effective start date of October 26, 2005. Mr. Bradbury noted that this appointment was overdue. Mr. Izzo joined the Village as the Assistant Building Inspector. When the Building Inspector left, in July of 2002, he was named the Acting Building Inspector, and he has been doing a great job. Mr. Izzo is a New York State Certified Code Enforcement Official. The Village is thrilled to be able to offer him this position. Mr. Izzo thanked the Village for this opportunity. Deputy Mayor Feinstein noted that former Trustee Santon sends his congratulations from England! On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Deputy Mayor Feinstein called for the next resolution: 4) AUTHORIZING USE OF VILLAGE STREETS FOR TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT. Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT WHEREAS, the Tamarack Tower Foundation requests permission to hold its annual Thanksgiving Turkey Trot on Thanksgiving Day, Thursday, November 24, 2005 from 9:30 AM to 10:30 AM. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village streets on November 24, 2005 from 9:30 AM to 10:30 AM along the route described in the letter dated October 5, 2005 from Peter Mutino, President of the Tamarack Tower Foundation; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Board of Trustees Meeting October 25,2005 Page 8 On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE 5) REFERRING TO THE PLANNING BOARD A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOTIFICATION REQUIREMENTS. Mr. Bradbury read the following resolution: RESOLUTION REFERRING TO THE PLANNING BOARD A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOTIFICATION REQUIREMENTS WHEREAS, a local law has been proposed to amend Chapter 250 of the Code of the Village of Rye Brook regarding notification requirements. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers the proposed local law amending Chapter 250 of the Code of the Village of Rye Brook regarding notification requirements. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE 6) AWARDING BID CONTRACT #05-06 SITE ALTERATIONS AT THE KING STREET ATHLETIC FIELDS. Mr. Bradbury read the following resolution: Board of Trustees Meeting October 25,2005 Page 9 RESOLUTION AWARDING BID CONTRACT #05-06 SITE ALTERATIONS AT THE KING STREET ATHLETIC FIELDS WHEREAS, the Village of Rye Brook has solicited bids for contract 05-06 "Site Alterations at the King Street Athletic Fields"; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on Friday, September 16, 2005; and WHEREAS, at 10:00 a.m., Tuesday, October 4, 2005, all bids received were opened as summarized below; and BID BIDDER BID AMOUNT BOND/CHECK ETRE ASSOCIATES, LTD. $2,297,000.00 BID BOND PETER J. LANDI, INC. $21458,000.00 BID BOND THE LANDTEK GROUP $2,600,000.00 CERT. CHECK BRADHURST SITE CONSTRUCTION $2,884,180.00 BID BOND NORTHBROOK CONTRACTING $2,927,200.00 BID BOND XAVIER CONTRACTING $3,161,000.00 BID BOND LAWS CONSTRUCTION CORP. $3,389,000.00 BID BOND WHEREAS, upon reviewing the bids, it has been determined that the lowest responsible bidder meeting the requirements of the contract documents is Etre Associates for the base bid price of$2,297,000.00. NOW, THEREFORE, BE IT RESOLVED, that contract #05-06 "Site Alterations at the King Street Athletic Fields" is hereby awarded to Etre Associates for the total base bid price of $2,297,000.00 plus alternates L-1, L-2, and L-5 for a total contract award of$2,331,933.00; and be it FURTHER RESOLVED, that the Treasurer and Administrator are authorized to advance funds for this project from the general fund balance, with the expectation that the village will be reimbursed through the Westchester County Legacy Program; and FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Board of Trustees Meeting October 25,2005 Page 10 On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Deputy Mayor Feinstein thanked everyone for their hard work on this project that has been a long time coming. There has been a need for additional fields in Rye Brook. She also noted that the project was coming in thousands of dollars under budget. ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Traffic Commission has made its recommendations regarding parking on Hillcrest Avenue. The parking permit project has been going very smoothly, and Rye Brook Police have been enforcing the new regulations. Mr. Bradbury noted that the Leaf program has been underway for several weeks. There are two (2) trucks on the road. There are two areas, with the dividing line being Ridge Street. He once again asked all residents and their landscapers to be very careful about what is included in the piles of leaves. He noted that rocks and other items can not only damage the equipment, they are very dangerous to the Village's employees and bystanders. Mr. Bradbury reviewed the road paving projects in the Village. He noted that many areas are complete, and the curbing and clean up is now being done. Work at Ridge Manor Park is ready to be bid upon. And the work at 55 Hillendale is underway. This is an EPA project. Mr. Bradbury noted that the Village is working with WIN Ridge and the Food Emporium shopping centers to help alleviate parking problems in this area. A meeting was scheduled for October 26, 2005 with WIN RIDGE. The equipment for the Reverse 911 project has been received. The next step is to get the equipment in place. As noted earlier, this project involves the Village of Rye Brook, the Village of Port Chester, and the two (2) school districts. Deputy Mayor Feinstein gave an update on the matter of crossing guards being assigned at the intersection of Ridge Street and King Street. This matter has been monitored since October 17th She noted that the number of walkers is a very minimal amount. However, the Village will continue monitoring this matter. Deputy Mayor Feinstein called for the one(1) discussion item on the agenda: Board of Trustees Meeting October 25,2005 Page 11 DISCUSSION ITEM: MODIFICATION OF THE PUBLIC ACCESS GUIDELINES Mr. Bradbury noted that a request was received in connection with the review of the Public Access Guidelines. The Village asked that the Village's Technology & Communications Commission review this matter. Mr. Joseph Carver addressed the Board. He noted that the request was that the Village include the broadcasting of candidates' videos for the Town of Rye. These videotapes are aired by the Village of Port Chester, but are not aired in Rye Brook. A number of residents in Rye Brook are not even aware that they reside in the Town of Rye. He felt that it was important to disseminate this information to the residents. Deputy Mayor Feinstein noted that the guidelines were put together many years ago after a substantial amount of research. There is a programming policy in place that the Village was now being asked to amend to include the broadcasting of Town, County, State elections. The consensus of the Board was that this issue should be reviewed by the Technology and Communications Committee. A formal referral of this matter will be made through the Village Administrator's office. Trustee Rosenberg, as the liaison to the Technology and Communications Committee, noted that the matter will be reviewed and a report will be sent to the Board of Trustees. Deputy Mayor Feinstein noted that the Village of Rye Brook is non-partisan. Michele Mendicino-Daly addressed the Board. She also felt that the Village of Rye Brook should remain non-partisan. Deputy Mayor Feinstein called for members of the public wishing to address the Board of Trustees. Mr. Ben Miloro of Hillcrest Avenue addressed the Board. He noted that he recently received an invoice from the cable company that included a $20.00 charge to be sent to the victims of Katrina. When he called to note that he did not give permission for this amount to be added to his bill, he was told that it was a computer glitch. Anyone else who has been charged this fee without their knowledge should call 777-3932 of should contact Assemblyman Latimer directly to file a complaint. Board of Trustees Meeting October 25,2005 Page 12 Deputy Mayor Feinstein noted that the next meetings of the Board of Trustees were scheduled for November 8, 2005 and November 22, 2005. She called for a motion to go into an Executive Session. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the Board called an Executive Session. TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE There being no further business before the Board, the meeting was adjourned at 8:50 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Cleric Board of Trustees Meeting October 25,2005 Page 13