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HomeMy WebLinkAbout2007-11-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 13, 2007-7:30 P.M. AGENDA Executive Session — 7:15 p.m. Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1) Continuation of a Public Hearing on proposed amendments to Chapter 250 of the Village of Rye Brook Village Code regarding amendments to the R2f Zone 2) Continuation of a Public Hearing on proposed amendments to Chapter 235 of the Village of Rye Brook Village Code regarding the Tree Code 3) Public Hearing on proposed amendments to Chapter 8 of the Village of Rye Brook Village Code to revise the Architectural Review Board Chapter RESOLUTIONS: 1) Considering amendments to Chapter 250 of the Village of Rye Brook Village Code regarding amendments to the R2F zone 2) Considering amendments to Chapter 235 of the Village of Rye Brook Village Code regarding the tree code 3) Considering amendments to Chapter 8 of the Village of Rye Brook Village Code to revise the Architectural Review Board Chapter Board of Trustees Meeting November 13,2007 Page 1 4) Awarding Contract # 07-02 and transferring of funds for the "Locker Room Renovation at the Rye Brook Police Department" 5) Awarding Contract# 07-04: Surplus Vehicles ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: November 27 and December 11, 2007 BOARD Mayor Lawrence A. Rand Trustee Michael S. Brown Trustee Joan L. Feinstein Trustee Patricia Sanders Romano Trustee Paul S. Rosenberg STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Michal Nowak, Junior Civil Engineer/Certified Tree Steward Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Secretary CONVENE: Mayor Lawrence Rand called the November 13, 2007 Regular Meeting of the Board of Trustees to order. Board of Trustees Meeting November 13,2007 Page 2 PUBLIC HEARING: 1) CONTINUATION OF A PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING AMENDMENTS TO THE R2F ZONE Mr. Christopher J. Bradbury, Village Administrator, noted that the public hearing was a continuation from the previous meeting. He explained that the proposed amendments to this Chapter of the Village's Code pertained to off-street parking for two-family homes. Anyone with a two-family house would need at least five (5) off-street parking spaces. In addition, the owner of the home should not prohibit tenants from using the off-street parking. Mayor Rand called for questions or comments from members of the public, or members of the Board. There being no comments, he called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the public hearing was closed. Mr. David Burke, Assistant to the Administrator, called the roll: Trustee Brown Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Trustee Sanders Romano Voting Aye Mayor Rand Voting Aye Mayor Rand called for the resolution for this matter. RESOLUTION: 1) CONSIDERING AMENDMENTS TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING AMENDMENTS TO THE R2F ZONE Mr. Bradbury read the following resolution: Board of Trustees Meeting November 13,2007 Page 3 RESOLUTION CONSIDERING AMENDMENTS TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE R2F ZONE WHEREAS, the Board of Trustees believes that amending the off- street parking requirements in the R-2F zone will alleviate traffic and address safety concerns in the R-2F zone; and WHEREAS,the amendments to Chapter 250-25(L) regarding minimum floor area requirements per unit for conversion of an existing dwelling are necessary in order to take away an ambiguity in the law; and WHEREAS, a local law has been proposed to amend Chapter 250 of the Village Code regarding the off-street parking requirements in the R- 2F zone and minimum floor area requirements per unit for conversion of an existing dwelling for use by more than one family; and WHEREAS, on October 30, 2007 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on November 13, 2007; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAF) prepared by the Village Planner, determines the proposed action to be Unlisted and has issued a negative declaration thereby requiring no further review pursuant to the requirements of SEQRA; and NOW, THEREFORE, BE IT RESOLVED, the amendments to Chapter 250 of the Code of the Village of Rye Brook regarding off-street parking requirements and minimum floor area requirements per unit for conversion of an existing dwelling for use by more than one family. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting November 13,2007 Page 4 Trustee Brown Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Trustee Sanders Romano Voting Aye Mayor Rand Voting Aye Mayor Rand called for the second public hearing on the agenda: 2) CONTINUATION OF A PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE TREE CODE Mr. Bradbury noted that Michal J. Nowak, Junior Civil Engineer/Certified Tree Steward for the Village of Rye Brook, drafted the amendments. This matter has been before the Board for approximately one (1) year. The law has been drafted, and public hearings have been held. At the last Board of Trustee meeting this item was on the agenda for feedback. This local law is a replacement of the existing Tree Code. There are other requirements that have been added, such as requirements for plantings. Mayor Rand thanked the Village's Junior Engineer for his hard work on this local law. Mayor Rand called for questions and comments. There being none, he called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the public hearing was closed. Mr. Burke called the roll: Trustee Brown Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Trustee Sanders Romano Voting Aye Mayor Rand Voting Aye Board of Trustees Meeting November 13,2007 Page 5 RESOLUTION: 2) CONSIDERING AMENDMENTS TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE TREE CODE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AMENDMENTS TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE TREE CODE WHEREAS, the Board of Trustees is considering repealing existing Chapter 235 of the Code of the Village of Rye Brook and adopting a local law to create a new Chapter 235, Trees; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAF) prepared by the Village Planner, determines the proposed action to be a Type II Action thereby requiring no further review pursuant to the requirements of SEQRA; and WHEREAS, on October 30, 2007 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on November 13, 2007 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby repeals the existing Chapter 235 of the Code and adopts the proposed local law, creating a new Chapter 235 entitled Trees. Mayor Rand welcomed Harvey Schiller, Chairman of the Environmental Council, to the meeting. He noted that the public hearing had closed and the Board was now considering the resolution. Trustee Paul Rosenberg noted that there were a lot of changes that needed to be made to this Chapter of the Village's Code. He stated that there was one piece of the legislation that he was uncomfortable with. One thing that is constantly heard at the Planning Board level is that residents are tired of being hit with consulting fees. It is very expensive to take down a tree, and Board of Trustees Meeting November 13,2007 Page 6 he felt that it was unnecessary to hit the applicant with another potential fee for taking down a tree. Michal J. Nowak, Junior Civil Engineer/Certified Tree Steward, noted that an applicant is notified that if their application is denied they can apply for an appeal by submitting a letter from a professional. The next step is to be placed upon the next agenda for the Advisory Council. They are informed that the Advisory Counsel does retain a Certified Arborist at their expense if they feel that there are issues that must be addressed. Within the past two (2) years the Counsel has retained an arborist only two or three times. The arborist that the Village utilizes has a tree evaluation fee which is dependent upon the size and number of trees. The range starts at $150.00. The homeowner is informed of the ballpark fee. Trustee Brown noted that the applicant has the option of moving forward and the ability to hire an arborist to represent them. This law pertains to the appeal process. Trustee Patricia Sanders Romano addressed the fines assessed for removing a tree without going through the application process. She felt that the fines should be higher than the maximum current set. Mayor Rand stated that this matter was discussed and the maximum fee was set at $1000.00. Mayor Rand noted that the appeals process goes into effect after the applicant has gone to the Building Department and the application has been denied. At that time the applicant is offered the appeal process. The Environmental Council may seek to have an independent arborist's opinion. At that time the applicant will be aware that they may have to incur additional costs if an independent arborist is called. The applicant will be going in with their eyes wide open. They can accept the opinion of the Village's Engineer and not move ahead with an appeal or move forward knowing that an outside consultant will be brought in. The applicant has the final choice. Trustee Rosenberg asked if there was a way to limit the instances where an arborist can be retained by the Council, i.e.: if the health of a tree is in question, then calling in an outside arborist makes sense. Trustee Rosenberg made a motion to amend the resolution. There was no second to the motion. Board of Trustees Meeting November 13,2007 Page 7 Mr. Schiller, Chairman of the Advisory Council on Environmental Conservation, noted that a lot of work has gone into these amendments. There was a lot of debating, a lot of research, and what is before the Board is the result. It is important to note that the wording covers and protects the Village legally. Trees are very important to the landscaping of properties, and the environment. Trustee Rosenberg noted that people do come in with letters from their landscapers regarding trees that they are looking to remove. These people are not arborists. He offered alternate wording. Mayor Rand rebutted this proposal. Trustee Rosenberg persisted, stating that he did not want to give the Advisory Council the right to spend the applicant's money. Mr. Schiller noted that the key word here is "may" — the Council "may" retain an independent arborist. As soon as the determination has been made that a consultant is needed, the applicant is advised. Mr. Nowak noted that the applicant is not asked for funds up front. They are, however, informed that the Advisory Council reserves the right to hire an independent arborist. If the Council intends to hire a consultant, then the homeowner is informed of an approximate/ballpark fee. The Board discussed several minor changes to the proposed local law that were incorporated. Trustee Brown felt that the clear cutting definition did not make sense. Mr. Nowak responded to Trustee Brown's concern. He noted that clear cutting is based on the number of trees on a property. Trustee Feinstein noted that this provision tries to capture clear cutting of trees that are less than 8" in diameter. Trustee Rosenberg felt that the spirit of this section of the proposed local law was to rebut letters from landscapers and/or architects. The proposed changes tighten the rule. Trustee Feinstein noted that the applicant is offered the option of moving forward and perhaps incurring an additional fee if the Council requests the opinion of an outside arborist. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting November 13,2007 Page 8 Trustee Brown Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Trustee Sanders Romano Voting Aye Mayor Rand Voting Aye Mayor Rand noted that when appointed to a Village Board everyone is informed that three (3) absences means that you will be removed from that Board — any Board. However, Mr. Ken Heller has been ill and has missed three (3) meetings of the Environmental Counsel. The Chairman has requested a waiver to this rule, which has been approved. The Village wishes Mr. Heller a speedy recovery. Mayor Rand called for the third public hearing on the agenda: 3) PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 8 OF THE VILLAGE OF RYE BROOK VILLAGE CODE TO REVISE THE ARCHITECTURAL REVIEW BOARD CHAPTER Mr. Bradbury noted that these amendments surround the removal of certain time restrictions for submission to the Architectural Review Board. Mayor Rand declared the public hearing open. He called for comments from members of the public and/or members of the Board. There being no comments, he called for a motion to close the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the public hearing was closed. Mr. Burke called the roll: Trustee Brown Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Trustee Sanders Romano Voting Aye Mayor Rand Voting Aye Board of Trustees Meeting November 13,2007 Page 9 RESOLUTION: 3) CONSIDERING AMENDMENTS TO CHAPTER 8 OF THE VILLAGE OF RYE BROOK VILLAGE CODE TO REVISE THE ARCHITECTURAL REVIEW BOARD CHAPTER Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AMENDMENTS TO CHAPTER 8 OF THE VILLAGE OF RYE BROOK VILLAGE CODE TO REVISE THE ARCHITECTURAL REVIEW BOARD CHAPTER WHEREAS, a local law has been proposed to amend Chapter 8 of the Village Code regarding the Architectural Review Board; and WHEREAS, on November 13, 2007 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on November 13, 2007. NOW, THEREFORE, BE IT RESOLVED, the amendments to Chapter 8 of the Village of Rye Brook Code regarding the Architectural Review Board are hereby adopted. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. There was no discussion at the Board level. Mr. Burke called the roll: Trustee Brown Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Trustee Sanders Romano Voting Aye Mayor Rand Voting Aye Board of Trustees Meeting November 13,2007 Page 10 Mayor Rand called for resolution #4: 4) AWARDING CONTRACT # 07-02 AND TRANSFERRING OF FUNDS FOR THE "LOCKER ROOM RENOVATION AT THE RYE BROOK POLICE DEPARTMENT" Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT #07-02 AND TRANSFERRING OF FUNDS FOR THE "LOCKER ROOM RENOVATION AT THE RYE BROOK POLICE DEPARTMENT" WHEREAS, the Village of Rye Brook has solicited bids for Contract 07-02 "Locker Room Renovation at the Rye Brook Police Department;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on October 7, October 10, October 14, October 18 2007; and WHEREAS, at 10:00 a.m., Wednesday, October 31" 2007, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND 1. Richard Hansen Electric Corp. $ 39,975.00 Certified Check 2. A-1 Electrical Service, LLC. $ 42,000.00 Bond 3. Xavier Construction Co.,Inc. $ 74,000.00 Bond WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is Richard Hansen Electric Corp. for the total bid price of$39,975; NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #07-02 "Locker Room Renovation at the Rye Brook Police Board of Trustees Meeting November 13,2007 Page 11 Department" is hereby awarded to Richard Hansen Electric Corp. for the total bid price of$39,975; and be it FURTHER RESOLVED, a budget modification in the amount of $26,355 is transferred from Contingency (101.1990.424) to Interfund Transfer (101.9950.900); and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Brown Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Trustee Sanders Romano Voting Aye Mayor Rand Voting Aye 5) AWARDING CONTRACT # 07-04: SURPLUS VEHICLES Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT #07-04 SURPLUS VEHICLES WHEREAS, the Village of Rye Brook has solicited bids for contract #07-04 "Surplus Vehicles;" and Board of Trustees Meeting November 13,2007 Page 12 WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on October 8, October 15, and October 21, 2007; and WHEREAS, at 10:00 a.m., Wednesday, October 31" 2007, all bids received were opened as summarized below; and Vehicle Bidder Bid Amount 2000 Ford Crown Victoria Vin: 2FAFP71W7YX178797 Grace Quality Used Cars $1,852 North White Auto, Inc. $1,201 Liberty Motors $1,200 2003 Ford Crown Victoria Vin: 2FAFP71WX3X105934 Grace Quality Used Cars $3,852 Liberty Motors $2,751 North White Auto, Inc. $2,301 Frank Errigo $ 500 2003 Ford Crown Victoria Vin: 2FAFP71W23X105975 Grace Quality Used Cars $3,852 Liberty Motors $2,751 North White Auto, Inc. $2,701 Frank Errigo $ 500 2004 Ford Crown Victoria Vin: 2FAFP71W94X100167 North White Auto, Inc. $4,401 Grace Quality Used Cars $4,352 Liberty Motors $3,551 Frank Errigo $ 500 1995 Dodge Intrepid Vin: 1B3HD46FXSF624772 North White Auto, Inc. $ 101 1989 Chevrolet Kodiak Vin: 1GBP7D1Y6KV110633 North White Auto, Inc. $1,301 Liberty Motors $ 847 1985 Giant Vac Trailer Vin: 177727 North White Auto, Inc. $ 351 1986 Giant Vac Trailer Vin: 182850 North White Auto, Inc. $ 351 1986 Giant Vac Trailer Board of Trustees Meeting November 13,2007 Page 13 Vin: 239379 North White Auto, Inc. $ 351 WHEREAS, upon review of the bids, it was determined that North White Auto, Inc.'s original bid submission did not include a certified check for the cost of the vehicles being bid as specified in the bid notice, and as a result, any items with multiple bids will be awarded to the highest bidder excluding North White Auto, Inc; and WHEREAS, North White Auto, Inc. will only be awarded the vehicles for said bid price only on those vehicles for which no other bid was received. NOW THEREFORE BE IT RESOLVED, the surplus vehicles are hereby awarded to the following highest bidders: Vehicle Bidder Bid Amount 2000 Ford Crown Victoria Vin: 2FAFP71W7YX178797 Grace Quality Used Cars $1,852 2003 Ford Crown Victoria Vin: 2FAFP71WX3X105934 Grace Quality Used Cars $3,852 2003 Ford Crown Victoria Vin: 2FAFP71W23X105975 Grace Quality Used Cars $3,852 2004 Ford Crown Victoria Vin: 2FAFP71W94X100167 Grace Quality Used Cars $4,352 1995 Dodge Intrepid Vin: 1B3HD46FXSF624772 North White Auto, Inc. $ 101 1989 Chevrolet Kodiak Vin: 1GBP7D1Y6KV110633 Liberty Motors $ 847 1985 Giant Vac Trailer Vin: 177727 North White Auto, Inc. $ 351 1986 Giant Vac Trailer Vin: 182850 North White Auto, Inc. $ 351 1986 Giant Vac Trailer Vin: 239379 North White Auto, Inc. $ 351 Board of Trustees Meeting November 13,2007 Page 14 Mr. Bradbury reviewed some of the odometer readings on cars. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Burke called the roll: Trustee Brown Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Trustee Sanders Romano Voting Aye Mayor Rand Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Public Works Department has placed the leaf program information on the Village's website. This has been a late fall, and there is a concern about snow falls hitting prior to the leaves Residents are asked to place the piles close to the curb, and to be sure to not contaminate the piles with rocks and/or sticks. Aquarian Water is concerned about the low water supply. There are no restrictions in place at this time, but residents are asked to be aware of the water level. The Hazard Mitigation plan for flooding have been submitted. There are three areas addressed. The first is Bowman Avenue. The second is Brook Lane, and the final project is at Eagles Bluff. Mr. Bradbury noted that the night paving work in the Rye Ridge Shopping Center has now ended. This project is coming along very well. Martin Rogowsky, County Legislator, will be at the November 27th meeting to discuss air pollution, and a public meeting has been scheduled for November 29th at the Westchester County Center. Board of Trustees Meeting November 13,2007 Page 15 A Work Session of the Comprehensive Plan will be held before the next Board of Trustees meeting on November 27, 2007. Gregory Austin, Chief of Police, addressed the Board. He noted that the quality of life in Rye Brook is very good. The green waste issues, for which complaints were received, have been addressed. The crosswalk at King Street is being monitored. So far the police department has found that there are very few students crossing this intersection in the morning. These numbers increase in the afternoon, however, the numbers are very low. The best way to deal with this situation is to issue traffic violations to people who do not obey crosswalk regulations, and signs should be installed. Chief Austin reminded the residents that November 15th starts overnight parking restrictions. Everyone should be aware of the rules for their streets and that the officers will be issuing violations/tickets. Mayor Rand noted that there was a very nice turnout for the recent elections. It was nice to see that the residents have participated in this election process. He stated that the election signs, allowed under the Village's Code, were not removed in a timely manner. He hoped that removal would not fall on the Police Department. Mayor Rand called for a few minutes of silence for Deacon Jack Munick who recently passed away. Deacon Munick has served the Village on several Boards and Commissions for many years and he will be missed. Trustee Feinstein noted that at the prior meeting the Board discussed the possibility of extending the sunset date of the Village's Amnesty Program to May 31, 2008. With the Board's consensus, this matter would be placed on the Board of Trustees' next agenda. Mayor Rand wished everyone a Happy Thanksgiving. There being no further business before the Board, the meeting was adjourned at 8:45 p.m. Board of Trustees Meeting November 13,2007 Page 16