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HomeMy WebLinkAbout1994-08-23 - Board of Trustees Meeting Minutes (2) August 23, 1994 00546 6. AUTHORIZING A CONTRACT WITH ROBERT A. POSNER, P.E. FOR CONSTRUCTION CONSULTATION SERVICES Administrator Russo explained that this is a resolution for construction consultation services regarding the development of a Village hall on the Elks Club property. On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING A CONTRACT WITH ROBERT A. POSNER, P.E. FOR CONSTRUCTION CONSULTATION SERVICES RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with Robert A. Posner, P.E., for construction consultation services for a new Village Hall, subject to the closing of the acquisition of the property on King Street, at a rate of $85.00 per hour, as follows: Maximum Amount Phase I Design Development Stage $ 6,200.00 Phase II Bid Package and Bid Solicitation Stage $ 2,200.00 Phase II Construction Stage $46,000.00 Total $54,400.00 ;and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Pellino added that the money will be divided into three phases. Administrator Russo explained that this is the maximum amount and could be less and it is billed at an hourly rate not to exceed that in total for the entire project through construction. This is also within the estimate that was proposed by the facilities committee. Mr. Berman, a member of the facilities committee stated that they are proposing that the Village hire Robert Posner to be the construction professional for 938 King Street. The design development stage would be the monitoring of the activities of the design team, attend key meetings between the architect and Village representatives to provide practical input and cost analysis where appropriate. 9 August 23, 1994 005464 Mr. Berman added that under the bid package preparation and bid solicitation stage he would assemble and prepare the general conditions and other administrative and technical portions of the bid document with concerns to assure that all aspects of the work are fully covered between the respective scopes of work for the multiple trade required to bid. The last stage, which is the construction stage, would be inspection of the work in progress for general compliance with the contract documents, conducting of regular progress coordination meetings, resolution of design or field condition problems and any conflicts between the respective trades when and as they arise, coordination and monitoring of a project completion schedule, review the contractors trade and payment breakdown and monthly requisitions, review and negotiations of the respective contractor request for extra compensations when and as they arise. Mr. Posner has been in business for 35 years and had done a lot of work for the Village of Scarsdale, is fully insured and also carries liability insurance. The only other expense might be what he terms out of pocket expenses which could be xerox copies of blueprints, drawings and other minor items. His office is in New York but will be here 6 to 7 on site hours per week and 3 to 4 off site hours per week. He will be our management person between the Village of Rye Brook and the construction project. Dan Paniccia added that this is a departure from the way the Anthony J. Posillipo Community Center was handled. We talked about making the process go a little smoother, avoiding some of the glitches WICKS Law projects are prone to having such as delays and changeorder problems. Administrator Russo suggested that we hire an owner's representative or owner's agent such as Mr. Posner. During the Community Center project it took a lot of Chris, Lori, Rocco and the Board's time to do the same work that Mr. Posner will be doing. He can devote all of his attention to that project for j the Village and probably solve a lot of problems before they become major issues and working with the clerk of the works who will be on the site everyday, again, working for the Village, he will have complete control over there. Also, we recommended that we hire this individual prior to hiring an architect because we expect to get many different types of proposals for different concepts of buildings from architects and someone will have to evaluate each architect and make a decision. Trustee Daly Voting Aye Trustee Pellino Voting Aye Trustee Solomon Absent Trustee Zuckerman Absent Mayor Cresenzi Voting Aye 7. SETTING PUBLIC HEARING DATE SUBDIVISION APPLICATION MADE BY GARY & ANGELA STROMBERG BOWMAN AVENUE AND OSBORN PLACE SECTION 1, BLOCK 23, LOT 4 On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: 10 RESOLUTION August 23, 1994 00546!) SETTING PUBLIC HEARING DATE ON A SUBDIVISION APPLICATION MADE BY GARY & ANGELA STROMBERG BOWMAN AVENUE AND OSBORN PLACE SECTION 1, BLOCK 23, LOT 4 RESOLVED, that a public hearing will be held by the Board of Trustees on September 27, 1994 at 7:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, New York on a subdivision application made by Gary and Angela Stromberg for a two lot subdivision. Trustee Daly Voting Aye Trustee Pellino Voting Aye Trustee Solomon Absent Trustee Zuckerman Absent Mayor Cresenzi Voting Aye S. SETTING PUBLIC HEARING DATE SUBDIVISION APPLICATION MADE BY EDITH NISSON/BEECHWOOD BLVD AND KING STREET SECTION 1, BLOCK 10, LOT 4 On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE ON A SUBDIVISION APPLICATION MADE BY EDITH NISSON BEECHWOOD BLVD AND KING STREET SECTION 1, BLOCK 10, LOT 4 RESOLVED, that a public hearing shall be held by the Board of Trustees on September 27, 1994 at 7:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, New York on a subdivision application made by Edith Nisson to subdivide property located at Beechwood Boulevard and King Street into three lots, one of which is to be located entirely in the Village of Rye Brook, one of which is to be located entirely in the Village of Port Chester, and one lot to be located partially in the Village of Rye Brook and partially in the Village of Port Chester, with the subdivision application to the Village of Rye Brook being only for that portion of the property located in the Village of Rye Brook. Trustee Daly Voting Aye Trustee Pellino Voting Aye Trustee Solomon Absent Trustee Zuckerman Absent Mayor Cresenzi Voting Aye 11 August 23, 1994 00-5466 9. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On Line Checks: 9585-9662 Pre-Paid: 9582-9583 Payroll Checks: 13617-13815 (8/10 & 8/24/94) Environmental: 432 Recreational Trust: NONE Capital: 2168-2169 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Daly Voting Aye Trustee Pellino Voting Aye Trustee Solomon Absent Trustee Zuckerman Absent Mayor Cresenzi Voting Aye APPROVAL OF MINUTES 10. APRIL 12, 1994 11. APRIL 26, 1994 12. APRIL 29, 1994 13. MAY 10, 1994 14. MAY 24, 1994 15. JUNE 14, 1994 16. JUNE 28, 1994 12 August 23, 1994 005467 On Motion made by Trustee Daly, seconded by Trustee Pellino the minutes of April 12, 1994, April 26, 1994, April 29, 1994, May 10, 1994, May 24, 1994 and June 14, 1994 were approved. Trustee Daly Voting Aye Trustee Pellino Voting Aye Trustee Solomon Absent Trustee Zuckerman Absent Mayor Cresenzi Voting Aye The June 28, 1994 minutes were held over to the next regular meeting for clarification. DISCUSSION 17. RYE HILLS PARK Administrator Russo stated that proposals for landscape architectural services on the redevelopment of Rye Hills Park along the lines of the citizens committee report have been received. We have received four proposals that will be distributed to both the Village Board and the sub-committee of the Rye Hills Park Committee for review. Also, we gave a Spring deadline for the four residents to remove their encroachments and three of the four seem to be totally removed. The most minor one which is a garden and a chin up bar is still there. We have recently found out that we were not successful in receiving a planting grant so we should use the Recreation Trust and Agency money to do planting and screen in that area this Fall. Trustee Pellino agreed that we should move forward with the screening. Administrator Russo stated that he would send letters informing them of the upcoming planting. Mrs. Sherlock stated that a while back there was talk of having a tree nursery in that area for trees to be`placed in areas of the Village. Administrator Russo stated that it was discussed and it was decided that it would be better to do that in a wetter area because those trees would not be tended to that well and also possibly using the Elm Hill Park area which from all practical purposes is useless. Mayor Cresenzi stated that in reference to the Nynex Referral, there is a letter in the packet from Mr. Sell's firm signed by a representative of Chas Sells Inc. and that individual's personal check was used to pay the application fee. He also questioned why the application was made from Nynex when the property that it is going on is owned by a resident and not Nynex. Why would a personal check from a worker of Sell's firm be used to pay the application fee when Nynex is supposed to be the applicant. It seems like people are doing things without the other person knowing what is going on and that sort of bothers me. Mr. Circosta stated that Mr. Sells is the engineer for Nynex and they have prepared all of the documents for submittal. 13 August 23, 1994 005468 Mayor Cresenzi stated that there is nothing signed by the property owner allowing this and furthermore, the property owner is the one that is supposed to obtain the variance if one is needed. Attorney Powell stated that both Nynex and the property owner should be on the application. Administrator Russo questioned if the Board wanted to make the referral subject to an application in the name of the homeowner. Mayor Cresenzi stated that we should rescind the resolution until we get the homeowner's name on this in order to keep things straight. On Motion made by Trustee Pellino, seconded by Trustee Daly, the Referral to the Planning Board for Special Use Permit from Nynex located at 255 North Ridge Street, Section 1, Block 5, Lot 54C is hereby rescinded. Trustee Daly Voting Aye Trustee Pellino Voting Aye Trustee Solomon Absent Trustee Zuckerman Absent Mayor Cresenzi Voting Aye 18. FIRE HOUSE LOCATION Administrator Russo stated that he was charged about six or seen weeks ago by the Board of Trustees to investigate the possible siting of a fire house and two locations brought up at the meeting. One was the front portion of Crawford Park on North Ridge Street and the other was a portion of State land further down Ridge Street across from Sleepy Hollow Road. This was also discussed at our last facilities committee meeting and a peripheral look was taken of it and the Crawford site was ruled out because of reasons relating to the Crawford will and the location on the curb did not seem to be the best possible site. We are currently in discussions with the State of New York and the County of Westchester over a piece of land that is on North Ridge Street and across from Sleepy Hollow Road and that land is totally wooded right now. In regard to the newspaper articles, they are incorrect as the Board is not contemplating putting a fire house on the same property that the Village hall will be located at. DISCUSSION Trustee Pellino stated that a year ago, discussions were held relating to the creation of a 501C3 arrangement to receive monies from potential corporate contributors and so far, this creation has not occurred yet. Trustee Pellino questioned when this might occur. Administrator Russo stated that the staff recommended that we create a 5013C primarily because of the Anthony J. Posillipo Community Center and Attorney Powell has looked into it. We though that we were going to accomplish this through our own finance office internally but found that it is not very practical. We then spoke to our own independent auditors about assisting us with that and Attorney Powell can speak more about that. 14 August 23, 1994 00546U Administrator Russo explained that the initial intent in bringing that to the Board was our concerns regarding the Posillipo Center and recently, we thought that the Blades Hockey Team 5010 corporation would assist us with General Foods contributions but for some reason, they don't acknowledge the municipal public sector laws that allow them to contribute as a tax exemption and they want it under 5010. We feel that they are blindly looking at this corporately, which is inaccurate. After we were well into the preparations for the Birthday party, we found out that they are not fully applied for the right status both at the State and Federal Level and therefore now we are trying to help them to get established properly so that Phillip Morris can contribute the money properly so there are really two separate issues here. Attorney Powell stated that you would need to set up a corporation and he had a draft to distribute to the Board. You also have to consider the tax exempt status. There are many different types of corporations. Philip Morris wants to contribute only to a charitable, religious, educational or scientific corporation. It would need to be filed with the Secretary of State and then you have to file for tax exemptions with the Internal Revenue Service. Trustee Pellino stated that although we have had a great deal of items on our agenda this past year, it is time to revisit that and not put ourselves in the position of not being able to gather the necessary contributions from some of our corporate neighbors to continue the Birthday Party and donations to the Anthony J. Posillipo Community Center. Mr. Berman agreed and stated that 5010 means money to our Village and the School District recently did this and they got a member of the Community to volunteer to do it and it took them six to eight months. Bickford Hinchey, a Rye Brook resident stated that the Board should direct the Facilities Committee to research the costs of building a Firehouse and then await the outcome of the discussions to take place between the Board and the Village of Port Chester. Mayor Cresenzi staled that he is not against researching potential locations, but he would really like to see an agreement worked out with Port Chester. Mr. Patacco stated that if the Village is going to look at sites, they should look at sites that meet the criteria. George Datino of 8 Bell Place stated that he is happy to know that the Village is going ahead with the planting in the Rye Hills area and requested that the Village allow the homeowners input regarding the planting. Mayor Cresenzi stated that the Village has no problem with that. He added that the plan is available to be looked at. 15 August 23, 1994 005410 Paul Jaehnig, an employee from John Sells Civil Engineering firm that is representing Nynex in this application. We have acquired the easement from the Moriarity's, who are the record owners of the property and we have filled out all of the proper forms for the Special Use Permit application and there are not signature places for the owner. The only place where a signature is required is the Environmental Assessment form that can be filled out by anyone and in this case is was the applicant. If there is a problem, we can furnish a letter from the homeowner, but requested that the referral be granted tonight. Mayor Cresenzi stated that in the past you would have someone come in and represent themselves as having a signed deal or being able to provide such and such a document and the only real way for me to resolve that comfortably, not being an attorney to read easements, etc... is if I see the applicants signature some place where it is written in English that they are consenting to this project taking place I would feel much more comfortable. When going through the application, the Environmental Assessment form is Nynex installation of a controlled environmental vault, there is also a $100 check drawn on Mr. Jaehnig's personal account and a letter from Mr. Jaehnig. It is a little unorthodox in its form and he would prefer that it be packaged so it is more comfortable for the Board. Mr. Circosta stated that the Planning Board meets on September 15, 1994 and if the Board prefers, they could refer this application to the Planning Board if all the articles are received in time to place the referral on the September 13, 1994 agenda. Mr. Jaehnig thanked the Board and replied that he would obtain a letter from the present owner. ADJOURNMENT On Motion made by Trustee Daly, seconded by Trustee Pellino, the meeting adjourned at 9:15 p.m. Trustee Daly Voting Aye Trustee Pellino Voting Aye Trustee Solomon Absent Trustee Zuckerman Absent Mayor Cresenzi Voting Aye Respectfully submitted, tel- Elizabeth Bottali Secretary to the Village Board 16