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HomeMy WebLinkAbout2004-01-13 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING Village of Rye Brook Board of Trustees Meeting Village Hall,938 King Street Tuesday,January 13,2004 @ 7:00 p.m. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE REPORT Tree and Beautification Committee's report on activities of the Committee RESOLUTIONS: 1) Endorsing the Westchester County Industrial Development Agency's proposal to provide financial assistance for the leasing of office space at 900 King Street by Cadbury Schweppes Holdings (U.S.). 2) Referring Dr. Izzo's application for Site Plan modification approval at 63 South Ridge Street to the Westchester County Department of Planning. 3)Accepting the conveyance of certain roads within the Red Roof Farm Subdivision and amending the Village Code to adopt traffic regulations. 4) Authorizing the Parks and Recreation Department to increase the Men's Softball Fee. 5) Approval of Meeting Minutes: August 12, 2003 August 26, 2003 October 28, 2003 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1) Discussion: Frederick P. Clark Associates, Inc. proposal to update the 1987 Rye Brook Recreation Study. 2) Discussion: Overview and re-cap of the 2003 leaf season. Board of Trustee Meeting January 13,2004 Page 1 of 17 3) Discussion on revisions made to Chapter 212, Sprinkler Systems, of the Village Code. 4) Discussion: Proposed amendments/modifications to the Code of the Village of Rye Brook 5) Discussion: Various issues relating to the Coterminous Town/Village Committee and to the Town of Rye. 6) Discussion: Review of various budgetary, financial reporting, management and oversight issues. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC: NEXT TRUSTEES MEETINGS: January 27, 2004 and February 10, 2004 BOARD Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon STAFF Christopher Bradbury,Village Administrator Connie DiSalvo,Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Michael Izzo,Acting Building Inspector Robert Santoro, Police Chief Marilyn Timpone Mohamed,Village Consultant Paula Patafio, Meeting Secretary The meeting began at 7:00 p.m. with the Mayor's State of the Village Address,which ran until 7:30. The Special Meeting/Agenda Meeting for the Board of Trustees was called to order at 7:40 p.m. Mayor Filipowski welcomed everyone in attendance Board of Trustee Meeting January 13,2004 Page 2of17 The first item on the agenda was called before the Board: REPORT 1) TREE AND BEAUTIFICATION COMNHTTEE'S REPORT ON ACTIVITIES OF THE COMNHTTEE Roger Herman, Chairman of the Tree and Beautification Committee, addressed the Board. He noted that at the time there were five (5) active members of this Committee, and requested that two (2) additional members be appointed. Hearings are scheduled when a resident makes an application to take down a tree(s). Many of the trees that applicants are requesting to be removed are White Pines. As the Village is aware of this, it has been reviewing the Tree Preservation List, and amendments to the Village's Tree Law are pending. There have been discussions with the Village's Consultants, Village Staff, and various Village Boards regarding these revisions. A suggestion was made that all the trees in the Village be catalogued for clarification purposes, which seems like an overwhelming project. Suggestions are being accepted regarding how the trees could be catalogued, i.e.: utilizing high school student volunteers. Another suggestion made was that for every tree removed the applicant be required to plant a tree. If the resident's property cannot accommodate a tree, then the resident could plant the tree on Village property. Mr. Herman noted that the Committee was looking forward to working with the Board of Trustees on the amendments, and Village Beautification. Trustee Santon noted that the two (2) vacancies on the Tree Committee were not recent ones. He stated that it was important for this Board to have seven (7) motivated members and asked that these vacancies be filled as soon as possible. Trustee Santon also questioned what was going to be done in the way of Beautification. He suggested that, as a start, landscaping be done on some of the cul de sacs and larger parcels of Village land. Mr. Herman noted that there has already been a replanting completed on Churchill and Winding Wood North. Mayor Filipowski asked that any resident interested in becoming part of this Committee contact the Village Administrator's office. Mr. Herman was thanked for his report. 1) ENDORSING THE WESTCHESTER COUNTY INDUSTRIAL DEVELOPMENT AGENCY'S PROPOSAL TO PROVIDE FINANCIAL ASSISTANCE FOR THE LEASING OF OFFICE SPACE AT 900 KING STREET BY CADBURY SCHWEPPES HOLDINGS (U.S.) Board of Trustee Meeting January 13,2004 Page 3 of 17 Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. ENDORSING THE WESTCHESTER COUNTY INDUSTRIAL DEVELOPMENT AGENCY'S PROPOSAL TO PROVIDE FINANCIAL ASSISTANCE FOR THE LEASING OF OFFICE SPACE AT 900 KING STREET BY CADBURY SCHWEPPES HOLDINGS (U.S.) WHEREAS, Cadbury Schweppes Holdings (U.S.) has made an application to the Westchester County Industrial Development Agency ("the Agency") to consolidate its Motts Inc. and Snapple Beverage Group headquarters, currently in Stamford, Connecticut, and White Plains respectively, into one location at 900 King Street; and WHEREAS, the facility at 900 King Street is a current project of the Agency known as the Rye King Associates LLC Project(the "Rye King Project"), authorized on or about July 13, 2000; and WHEREAS, Cadbury Schweppes Holdings (U.S.) intends to lease approximately 135,000 square feet of the total 193,975 sq. ft. of the Rye King Project; and WHEREAS, the Westchester County Industrial Development Agency proposes to provide financial assistance for sales tax exemption in an amount estimated at $659,000 for the leasing, renovation and equipping of the office space located at 900 King Street and will conduct a Public Hearing concerning the granting of financial assistance by the Agency or the location or nature of the project on January 16, 2004 at 9:00 a.m. at 900 King Street. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees fully supports the proposed project as presented by the Westchester County Industrial Development Agency for the leasing of office space in the building located at 900 King Street by Cadbury Schweppes Holdings (U.S.); and BE IT FURTHER RESOLVED, that the Village Administrator shall forward a copy of this resolution to Westchester County Executive Andrew Spano and the Westchester County Industrial Development Agency. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye Board of Trustee Meeting January 13,2004 Page 4of17 Trustee Harris questioned when this Corporation would be placed on the tax roll. Mr. Bradbury stated that he would research this matter and then report back to the Board. Trustee Santon stated that during his research he found that the property is on the tax roll, and it has been assessed. The property owner has protested the amount, as they feel it should be lower. Mr. Ken Heller of 22 Lincoln Avenue questioned whether or not a PILOT was set for this property. He reminded the Village Board that it must ensure that an inflation clause be set. Trustee Santon noted that this property is an IDA, and assured Mr. Heller that the Village will be vigilant on this matter. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 2) REFERRING DR. IZZO'S APPLICATION FOR SITE PLAN MODIFICATION APPROVAL AT 63 SOUTH RIDGE STREET TO THE WESTCHESTER COUNTY DEPARTMENT OF PLANNING Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION REFERRING DR. IZZO'S APPLICATION FOR SITE PLAN MODIFICATION APPROVAL TO THE WESTCHESTER COUNTY DEPARTMENT OF PLANNING WHEREAS, Richard Izzo, is the owner of the premises located at 63 South Ridge Street and has made an application to the Village of Rye Brook requesting site plan approval for minor site improvements regarding the rearrangement of a rear basement access doorway on the subject properties located at Section 1, Block 21, Lots 46 and 49, located in the R-2F Zoning District; and Board of Trustee Meeting January 13,2004 Page 5of17 WHEREAS, the above-referenced modifications are related to other site modifications being undertaken by the Applicant in conjunction with the site plan application approved by the Board of Trustees of the Village of Rye Brook on October 28, 2003; and NOW,THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby declares itself Lead Agency for the review of the subject application for site plan approval; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the application to the Westchester County Department of Planning for a report and recommendation. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye Edward Beane, Esq., Village Counsel, noted that there is a New York State law that requires amendments to be reviewed by the Westchester County Department of Planning. Mr. Bradbury agreed with Mr. Beane. He noted that this is a very minor amendment and concerns the access doorway to the rear of the home. Trustee Rosenberg questioned as a minor modification why it needed to be referred to the Westchester County Department of Planning. Mr. Beane noted that all site plan modifications must be referred, regardless of how minor. This is the law. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 3) ACCEPTING THE CONVEYANCE OF CERTAIN ROADS WITHIN THE RED ROOF FARM SUBDIVISION AND AMENDING THE VILLAGE CODE TO ADOPT TRAFFIC REGULATIONS Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the resolution was approved. Board of Trustee Meeting January 13,2004 Page 6of17 RESOLUTION ACCEPTING THE CONVEYANCE OF CERTAIN ROADS WITHIN THE RED ROOF FARM SUBDIVISION AND AMENDING THE CODE TO ADOPT TRAFFIC REGULATIONS WHEREAS, on July 22, 2003, the Board of Trustees of the Village of Rye Brook adopted a Resolution accepting the conveyance of certain roads within the Red Roof Farm Subdivision and amending the code to adopt traffic regulations subject to certain conditions being satisfied prior to said streets becoming public streets; and WHEREAS, OLC/RBAG/Rye Brook, LLC has satisfied the conditions numbered 1, 2, 4, and 5, of the July 22, 2003 Resolution; and WHEREAS, OLC/RBAG/Rye Brook, LLC has not satisfied conditions 3, 6, 7, 8, 9, 10, and 11 of the July 22, 2003 Resolution. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook accepts the offer of dedication and conveyance for the following land to be dedicated: 1. Red Roof Drive; 2. Birch Lane; 3. The extension of Old Orchard Road to Birch Lane, as shown on said filed map; and 4. The extension of Old Oak Road to Red Roof Drive, as shown on said filed map. IT IS FURTHER RESOLVED, that the Village of Rye Brook accepts the offer of dedication of the site and steep slope easements and the utilities, access and hydrant easements. IT IS FURTHER RESOLVED, that all applicable provisions, conditions and restrictions of the subdivision plan notes, conditions of sub-division approval and restrictive covenants shall remain in full force and effect. IT IS FURTHER RESOLVED, that pursuant to the July 22, 2003 Resolution, the proposed local law to amend Section 240-11 of the Code of the Village of Rye Brook to add stop intersections and parking regulations on the Board of Trustee Meeting January 13,2004 Page 7of17 streets of Red Roof Farm Subdivision are enacted into law as Local Law 91-2004; and IT IS FURTHER RESOLVED, that in accordance with Section 6-610 of the Village Law, the applicant shall continue to maintain the streets and drainage and sewer systems offered for dedication until such time as the deeds conveying the roads shall be recorded in the office of the Westchester County Clerk, Division of Land Records. Upon the satisfaction of the above conditions and the recording of the deeds, the roads shall become public streets of the Village; and IT IS FURTHER RESOLVED, that the Mayor and Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye Mr. Bradbury asked Mr. Beane to clarify this matter. Mr. Beane noted that there are conditions that were required to be satisfied before the roads could be conveyed to the Village. The majority of the conditions have been completed. It was noted that the streets would not be dedicated until all of the physical work has been completed. Trustee Harris questioned replenishing the escrow account. Mr. Beane noted that there is currently a shortfall, and the amount needs to be worked out with the developer. The disputed amounts are in regard to consultant charges firm Dolph Rotfeld, the Village's Engineering Consultant. Mr. Beane noted that this matter needed to be discussed in an Executive Session. Trustee Rosenberg suggested attempting a more rapid resolution to the outstanding issues. Mr. Beane noted that the issue before the Board was not a bond issue. Trustee Santon clarified by stating that the performance bond that was posted in September of 1998 does not only address road dedication topics. That bond has been reduced and was currently $450,000. The proposal before the Board at this time was to reduce the bond to $125,000. Mr. Beane responded that the Village's Counsel has been made aware of this matter and discussed this matter with the Village's Engineer. The Village's Engineer felt that $125,000 was a sufficient amount. Board of Trustee Meeting January 13,2004 Page 8of17 Trustee Santon felt that it was important to communicate all information to the developer. Mr. Beane stated that the information has been communicated to the developer's counsel. He reminded the Board that all issues must be resolved before the roads are dedicated. Trustee Santon was reminded that currently there was an open litigation, which clearly prohibits discussion of this matter. The Village's position is that $125,000 is the right amount to hold back. Mr. Beane noted that there were two bonds: the performance bond and the maintenance bond. The maintenance bond ensures that what are installed functions properly. The proposed amount of that maintenance bond is $215,000. The performance bond deals with the items that have not been completed. Mayor Filipowski, acknowledging Mr. Beane's comment that this matter should be addressed in an Executive Session, suggested adjourning this matter to be in further depth during an Executive Session. Trustee Santon noted that the street trees issue does impact road dedication. He could not understand why if the work was performed, how could the Village hold back monies from the developer. Trustee Goodman attempted to clarify Trustee Santon's concerns by noting that in July 2003 a resolution was passed. At this time the roads are ready to be dedicated subject to a few conditions that have not yet been satisfied. The Village's staff has reviewed these matters and noted an amount to be held that would be sufficient to complete the items if the developer did not complete them. Trustee Rosenberg felt that reducing the bond was a reward for not completing work that was proposed but not yet been done. He felt that all of the remaining issues were important issues, and that reducing the bond was not appropriate. Mr. Beane noted that there are some conditions that are not related to the road dedication that remain outstanding. He felt that holding the maintenance and performance bond does not affect the road dedication. Trustee Santon questioned whether or not the sidewalk issue was covered by the performance bond. Mr. Beane stated that it was. Trustee Santon stated that reducing $500,000 to $125,000 was inappropriate. He felt that the Board should be on solid ground before the resolution is adopted. Mr. Gene Paulen, the representative for developer addressed the Board. He noted that he was also confused by the numbers, reiterating that the performance bond was for work done. Clearly the work has been done. What was left was to install 15 street trees and 13 evergreens, and this does not add up to $125,000. He also pointed out that these street trees were planted but died. The developer has agreed to replace them. There is no disagreement, and no question of whether or not the trees will be replaced. Board of Trustee Meeting January 13,2004 Page 9of17 Mr. Beane noted that a portion of the $125,000 covers sidewalk work. Mr. Pauling noted that curbs was separate from the paving, and was calculated specifically related to tonnage and footage. The developer is not disputing that there is some obligation, however, this matter is in litigation and needs to resolved. Mr. Beane suggested removing the bonding issues from the road dedication. Trustee Santon questioned what sanitary sewer work remained to be completed. Mr. Beane noted that his was a separate issue. Mr. Paulen pointed out that there are storm sewers and sanitary sewers. A video will be provided of the sub-surface storm water system. This video was being made to ensure that there are no cracks in the system. Mr. Beane and Mr. Bradbury both agreed that this matter couldn't be addressed until the video was reviewed. Trustee Santon persisted, noting that he was not comfortable with accepting road dedication, and separating the bond issues. He felt that it should be viewed as a single issue. Trustee Goodman attempted to clarify this matter for Trustee Santon. She noted that the Board must consider what the benefit of dedicating the streets today as opposed to one week, one month, or one year later would be for the Village. She felt that the Village should do what is best for the community, and that is road dedication. Mr. Beane noted that the Village couldn't plow the streets until they are dedicated. The police cannot enforce traffic laws until these streets are dedicated. Weighing the alternatives, there are no down sides for the Village if the roads are dedicated. Mayor Filipowski asked for a motion to amend the resolution. Trustee Rosenberg made a motion to modify the resolution in order to dedicate the streets. As noted, dedicating the roads would provide the most benefit to the residents. Trustee Harris seconded the motion. Trustee Santon asked what the impact was on street trees if the roads were dedicated. Mr. Beane noted that when the roads are dedicated does not matter as the developer would be given permission to plant the trees. Ms. DiSalvo called the roll to approve the modifications to the resolution: Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye Board of Trustee Meeting January 13,2004 Page 10 of 17 4) AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO INCREASE THE MEN'S SOFTBALL FEE Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO INCREASE THE MEN'S SOFTBALL FEE WHEREAS, the Parks and Recreation Department is requesting an increase in the Men's Softball Program fee from $705.00 to $800.00 to offset additional expenses, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Parks and Recreation Superintendent to increase the Men's Softball fee from $705.00 to $800.00. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 5) APPROVAL OF MEETING MINUTES: August 12, 2003 August 26, 2003 October 28,2003 Mayor Filipowski called for discussion on the meeting minutes. Trustee Santon questioned the language of the resolution for Dr. Izzo. He felt that the description was incorrect. If approved, and the language was incorrect, he asked if the summary could be amended. He wanted to be sure that all of the amendments that were made during the meetings were included in the final versions of the resolutions. Mr. Beane stated that the summaries could be approved, subject to a consultation with Village Counsel. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the meeting minutes were approved. Board of Trustee Meeting January 13,2004 Page 11 of 17 Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1) DISCUSSION: FREDERICK P. CLARK ASSOCIATES, INC., PROPOSAL TO UPDATE THE 1987 RYE BROOK RECREATION STUDY Mr. Bradbury reviewed this matter for the Board. Trustee Santon noted that the September 23, 2003 resolution authorized F.P. Clark to proceed with work on subdivisions, recreation zones, and conservation easements at an estimate cost of$16,000. He asked for the status of these three scopes of work. Trustee Santon questioned whether these fees were being duplicated for the recreation zone, and suggested that this matter be put on for the next agenda in order to review the scope of the work. The time between now and January 22nd should be used to discuss this matter, and to begin to gather feedback in order to move forward. Trustee Harris noted that this matter should be evaluated before money is spent. He asked that the Recreation Council be asked to review this matter, and prepare their input. Mayor Filipowski felt that this matter should be discussed in February, in order to give the Recreation Council a chance to review the matter. Ms. Marilyn Timpone-Mohamed, Village Consultant from F.P. Clark Associates, clarified this matter. She noted that the consultants were previously asked to do three studies on conservation easements, large lot subdivisions, and recreation zoning. These three areas were prioritized. The conservation easement and large lot studies were done first, and the recreation zoning was put off. The proposal came out of discussions centering around the Village property near Bellefair. There is a 1987 Recreation Study, which is now over ten years old. The recreation study that is being contemplated now is the background study to determine why this area would be designated a recreation zone. Mayor Filipowski suggested discussing this matter further during an Executive Session. Mr. Beane, and the Board, agreed. Board of Trustee Meeting January 13,2004 Page 12 of 17 2) DISCUSSION: OVERVIEW AND RE-CAP OF THE 2003 LEAF SEASON Mayor Filipowski noted that he touched upon this matter in his State of the Village address earlier in the meeting. The objective is to try and keep the streets clean, and avoid clogging the storm basins. The storm drains must be protected. The vacuum suction of the leaf pick-up equipment experienced problems because of other material being placed in the loose-leaf piles. Mr. Carosi, Village Engineer,will prepare a report for the next Board meeting. Trustee Santon noted that the Highway Department performs highly visible needed services. Residents feel that the leaf pick has gotten worse every year and, in his opinion, this procedure needs to be changed. There are pieces of equipment, which are not yet available for use by the Highway Department because they were not ordered on time. He hoped for insight into what can be done differently to manage this process efficiently. He also suggested working with some of the Homeowners Associations to manage this process more efficiently. Mr. Bradbury noted that the Village always looks at past performance in an effort to make things better. The members of the Highway Department work very hard. Whether or not things can be done differently is now being reviewed. Mr. Bradbury noted that the equipment was ordered as soon as the money was available. This matter will be placed on the agenda for the next Board of Trustee meeting. 3) DISCUSSION ON REVISIONS MADE TO CHAPTER 212, SPRINKLER SYSTEMS, OF THE VILLAGE CODE Mayor Filipowski noted that the common thought of the Zoning Board of Appeals is that the amendments are insufficient. He suggested another Work Shop or a perhaps a Zoning Text Amendment Committee as the first step would to address what the Village's desire was when placing this ordinance in effect. The cost of sprinkler systems also needs to be reviewed. Mr. Beane was asked to review the amendments, considering safety of the residents as well as being reasonable financially. Mr. Beane noted that this matter encompasses policies and technical issues, and includes balancing safety, room alterations, and calculations. Mayor Filipowski suggested that this matter also be addressed during the Executive Session. Board of Trustee Meeting January 13,2004 Page 13 of 17 Trustee Santon noted that the goal and intent must be decided upon before attempting to make amendments. First an understanding of what sprinklers do, and what the original intent of this ordinance was must be reached. He felt that there was a fundamental philosophy problem in that no one understands the purpose of the law. He suggested putting together a task force to address this matter. The Building Inspector is making recommendations, and applications are being approved without knowing what the Village's intent was at the time that the amendments were made. Mr. Bradbury stated the Village must decide whether a less restrictive law should be put into effect. Mr. Bradbury was asked to place this matter on the next agenda. 4) DISCUSSION: PROPOSED AMENDMENTS/MODIFICATIONS TO THE CODE OF THE VILLAGE OF RYE BROOK Trustee Santon noted that the Village's Code was inherited from the Town of Rye, and it was put together piece meal. Although many new laws have been enacted, there are a lot of areas of the Code that are in need of updating. He felt that the Board should start developing a list of areas that need to be reviewed. He noted that some of the issues that should be addressed are grading, site plan reviews, overcrowding issues and illegal dwelling usage, and the loophole in the impervious coverage law. He continued and asked that a list of areas to be reviewed be put together, and the archaic code should be updated. Mayor Filipowski noted this matter should be reviewed. Outstanding Building Permits and Certificates of Occupancies must also be reviewed. Trustee Harris agreed with the Mayor and noted that there are residents who are not paying taxes on work that has been completed. Mayor Filipowski suggested reviewing the files to come up with a list of the outstanding building permits, and homes that are being used without Certificates of Occupancies. Mr. Bradbury noted that there are many open Certificates of Occupancy within the Village. He would review this matter, see how accessible the information was, and then get back to the Board. Trustee Santon noted that he would put his thoughts in writing and submit it to the Building Department. He felt that there were many loose ends in connection with open permits. Board of Trustee Meeting January 13,2004 Page 14 of 17 5) DISCUSSION: VARIOUS ISSUES RELATING TO THE COTERMINOUS TOWN/VILLAGE COMMITTEE AND TO THE TOWN OF RYE Trustee Santon noted that a committee was formed approximately six months ago, in July 2003, to review the feasibility of Coterminous Town/Village. He noted that although the local press updates the residents, he felt that the report from the committee should be forthcoming. He asked when the report was expected to be completed. Trustee Rosenberg noted that for the record this committee had a meeting scheduled for January 14, 2004 to discuss the final draft of the report. Once the committee votes on the draft, based upon the editing needed, it will be on the next agenda or the following one. There was no completion date or deadline set when the Committee was formed, and the Committee is now completing a thorough review process. 2) DISCUSSION: REVIEW OF VARIOUS BUDGETARY, FINANCIAL REPORT,MANAGEMENT AND OVERSIGHT ISSUES Trustee Santon asked that the Board discuss audits that the Village of Rye Brook has previously received from the State Controller. The last audit was in 1996, with the previous audit being in 1991. He wanted to ensure that the Village of Rye Brook is in compliance. He continued, expressing his belief that the Village was not in compliance, and asked that this matter be placed on the next agenda for further discussion and review. For example the state comptroller said that the Village must hire an individual as a Village Attorney rather than a firm. He asked permission to circulate the documents that he has gathered during his research. Mayor Filipowski asked for clarification regarding what Trustee Santon was dissatisfied with in regard to Keane & Beane. Trustee Santon felt that there was a recommendation from the State Controller's office in 1996 that had been ignored when the Village hired Keane & Beane in July 2001. Trustee Santon offered to put together a list of issues to be reviewed where he believed the Village was not in compliance. He felt that the timing was appropriate as the budget season was upcoming, and policy discussions should take place before the Board reviews any numbers. Mayor Filipowski stated that he was more than satisfied with the service of Village's Counsel. Trustee Goodman noted that she was not in favor of putting this matter on the agenda for the next meeting, and pointed out there were so many more important issues to be reviewed. Although she was happy to review a 13-year-old report, she felt that it was unfair of Trustee Santon asked to waste valuable time on this matter. Board of Trustee Meeting January 13,2004 Page 15 of 17 Mr. Bradbury reviewed the upcoming agenda. It was noted that the next Board of Trustee meetings were scheduled for January 27, 2004 and February 10, 2004. Mr. Dom Cervi of Dixon Street addressed the Board. He noted that there was a parking problem in the area that required attention. He noted that this matter had not been addressed in the ten months since this matter had been brought to the attention of the Village. Mayor Filipowski offered to meet with Mr. Irving on Thursday to discuss this matter. Mr. Ken Berman addressed the Board. He addressed the Board as a representative of Rye Brook Together.org. Mayor Filipowski noted that political items could not be addressed at a public meeting, and deferred to Mr. Beane. Mr. Beane noted that debates couldn't be arranged during a public meeting, however, if the subject of the question that Mr. Berman intended to raise was an issue then the public meeting was not the appropriate forum. Dick Hubert of Doral Greens addressed the Board. He offered a constructive suggestion to the Board. The re-valuation forms have been received by some residents. This re- valuation is the work of the Town of Rye. Many residents don't know the difference between the Town of Rye and the Village of Rye Brook. He asked that a re-valuation meeting be held in the Village Hall so that Rye Brook residents can review this matter. Mayor Filipowski noted that this was an appropriate suggestion that would be addressed. Mr. Ken Heller of Lincoln Avenue addressed the Board. He addressed the issue of conservation easements. He hoped that this matter would be addressed soon. Mr. Heller noted that originally Rye Brook was all farms. Since people moved in trees have been planted. Some people do not like the trees. Unfortunately 200-300 trees are being removed. Although some of the trees being requested to be removed are not on the State's protected list— Rye Brook is a Tree City and needs to maintain the trees that we have, as well as continue to replant trees. If someone removes a tree, they should be required to replace that tree with another species. Ms. Arline Hendel of 12 Charles Lane addressed the Board. She noted that she was at a previous meeting and addressed the matter of construction on a neighbor's property. She noted this property had raised the grade of the property approximately 2 to 2 '/2 feet. The Board of Trustee Meeting January 13,2004 Page 16 of 17 foundation of the home is exposed, making the home appear to be more stories than it really is. She noted that many of the trees on the property have suffered damage during the construction. None of the trees have been protected. She requested that Mr. Izzo rescind the Building Permit until the extra soil is removed, and the grading is returned to the original level. She felt that raising the property 2 '/2 feet was too much. Mr. Izzo was instructed to prepare a response by the next meeting. Mrs. Hendel asked for someone to review the plans with her. Mayor Filipowski offered to meet with Mrs. Hendel on the following Thursday. Mayor Filipowski asked for a motion to schedule an Executive Session. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye There being no further business before the Board, the meeting was adjourned at 10:35 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustee Meeting January 13,2004 Page 17 of 17