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HomeMy WebLinkAbout2004-05-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,MAY 25,2004--7:30 P.M ROLL CALL PLEDGE OF ALLEGIANCE Revaluation Update RESOLUTIONS: 1. Setting a Public Hearing date to consider Site Plan and Wetland permits for Blind Brook Club application 2. Entering into a Revocable Permit Agreement with SUNY Purchase for the use of certain facilities by the Village Recreation Department 3. Authorization to renew a food service permit to operate a food service permit establishment at the Anthony J. Posillipo Community Center 4. Considering appointment of internal claims auditor 5. Appointing a Code Enforcement Officer(Spanish Speaking) 6. Supporting troops in Iraq in observance of Memorial Day 7. Approving Schedule of Bills Payable 8. Approval of Meeting Minutes: November 12, 2003 9. Resolution setting a date for a public hearing on a local law to amend Chapter 235, Trees, of the Code of the Village of Rye Brook. ADMINISTRATOR'S REPORT Board of Trustee Meeting May 25,2004 Page 1 OLD BUSINESS NEW BUSINESS: 1) Discussion of sidewalk policy ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING NEXT TRUSTEES MEETING: June 8, 2004 and June 22, 2004 CONVENE Mayor Lawrence Rand called the meeting to order at 7:30 p.m., with the Pledge of Allegiance. BOARD Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris Trustee Dean Santon Mayor Lawrence Rand STAFF: Christopher Bradbury, Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi,Village Engineer Marilyn Timpone Mohamed, Village Consultant Robert Santoro, Chief of Police Fred Seifert, Public Access Coordinator Mayor Lawrence Rand presented Officer John Hawkins with a commendation in recognition of ten years of service to the Village of Rye Brook. Officer Hawkins thanked the Mayor and the Board, and noted that it has been a privilege to work for the Village. Mayor Rand introduced former Trustee Gary Zuckerman, who has been serving the Village as Chairman of the Revaluation Task Force. Mr. Zuckerman noted that a very productive Task Force meeting was held earlier in the day. He brought everyone up-to- date on what transpired since the last update, noting that a hotline and e-mail address were set up for residents to contact the Task Force, and that both were very successful. Also extremely successful were meetings set up by the Task Force with residents and homeowners' associations. A video, to be aired on the Village's cable channel, is now Board of Trustee Meeting May 25,2004 Page 2 being prepared. This video reviews the forms, how to obtain them, how to complete them, and the process. The Task Force concentrated on the informal process with MJW Consulting, which has now ended. At this time it has turned its attention to the Board of Assessment Review process. Although it was the Task Force's hope to have property record cards mailed out to all residents, Mr. Zuckerman noted that this could not be accomplished because they must be done on State computers. They are still working on this, and hope to have this project completed within the next week. All assessments are based on these property record cards, and it is important for homeowners to check these cards for accuracy. Mr. Zuckerman stated that many people called and questioned what the Village was going to do with the additional tax monies. He noted that the individual homeowner may see a change, but the Municipality or School District will raise the same amount of money. The only increase would be those increases to budgeted amounts, and not as a result of the revaluation process. If a property was grossly under assessed for a great period of time and it is now brought up to market assessment, then that homeowner will pay a greater share of the taxes — but it will be a fair share. This was the purpose of re- evaluation. As the informal process is now over, residents who have not submitted documentation to MJW Consulting must now go to the Board of Assessment Review, unless the problem is one of inventory—i.e.: you have a tennis court being assessed on your property that is not yours. The Assessor can correct this through the "Correction of Errors Program." Grievance Forms must be filed between June 1St and June 15th. Comparable values must be presented with the Grievance Forms via a certified appraisal or going through the sales book that is on the Rye Brook website and listing houses of the same size, type, and neighborhood and showing that those sales prices are lower. Mayor Rand thanked Mr. Zuckerman, and the Task Force, for their hard work. Trustee Joan Feinstein noted that it was important for all residents who were told that they would receive reductions to follow up and make sure that they are finalized. RESOLUTIONS: 1. SETTING A PUBLIC HEARING DATE TO CONSIDER SITE PLAN AND WETLAND PERNHTS FOR BLIND BROOK CLUB APPLICATION Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION Board of Trustee Meeting May 25,2004 Page 3 SETTING A PUBLIC HEARING DATE TO CONSIDER BLIND BROOK CLUB APPLICATION RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a Public Hearing on June 8, 2004 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook,New York to consider an amended special use permit, site plan approval and permit to perform regulated activities in a wetland for Blind Brook Club. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand opened the floor for discussion. Mr. Bradbury noted that this matter was before the Village Board, and then referred to the Planning Board for review and recommendation. The application now before the Board proposes the removal of the existing maintenance building, garage, septic system, and underground fuel storage tanks. It also proposes the construction of a new maintenance facility, which would be fully sprinkled, have a forced main sewer, a storm water management system, and fuel storage tanks. The Planning Board has unanimously approved this project,with conditions. Mr. Bradbury noted that the applicant requested that this matter be placed on the agenda for June 22, 2004. In addition, the applicant requested a waiver of the notification requirements in two areas. The first area was the notification of all properties on Country Ridge Drive, and the second area was notification of the Homeowners Association of Doral Greens versus each individual resident. Trustee Dean Santon noted that this application has been before the Village for approximately six months. He noted that the proposed project is located on Anderson Hill Road, near the Harrison border, the opposite side of Country Ridge. He also noted that the project also has very little impact on the residents of Doral Greens. He felt that the request to modify the notification requirements was quite reasonable, noting that the signage would be placed at the entrance of the maintenance area. In addition, a public hearing would be held. Mayor Rand agreed, noting that the Board's objective of making sure that potentially impacted residents are aware of the project would be accomplished, even with the reduction in the notification area. Trustee Santon made a motion to change the public hearing date in the resolution from June 8d' to June 22nd, per a request from the applicant, and moved that the notification requirements be modified as requested. The motion was seconded, and Mr. Bradbury called the roll: Board of Trustee Meeting May 25,2004 Page 4 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 2. ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of New York (hereinafter"Purchase College") from July 5, 2004 to August 13, 2004; and WHEREAS, Purchase College is willing to grant the Village of Rye Brook Recreation Department a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms, in exchange for a fee of Five Thousand Seven Hundred Sixty and no/100 ($5,760.00) Dollars, which is based on a rental fee of One Hundred Twenty and no/100 ($120) Dollars per hour. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College in accordance with the terms and agreements specified in the Revocable Permit Agreement; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all necessary documents to implement the Revocable Permit Agreement. Board of Trustee Meeting May 25,2004 Page 5 Mr. Bradbury noted that this is the second year that Rye Brook would be using the College's facilities. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3. AUTHORIZATION TO RENEW A FOOD SERVICE PERMIT TO OPERATE A FOOD SERVICE PERMIT ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION AUTHORIZATION TO RENEW APPLICATION FOR A FOOD SERVICE PERMIT TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Senior Citizen Coordinator to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE Board of Trustee Meeting May 25,2004 Page 6 TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4. CONSIDERING APPOINTMENT OF INTERNAL CLAIMS AUDITOR Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION CONSIDERING THE APPOINTMENT Of INTERNAL CLAIMS AUDITOR RESOLVED,that Judy Belkin of 38 Rock Ridge Drive is hereby appointed as Internal Claims Auditor, at a rate of$200.00 per month, beginning June 1, 2004. Mr. Bradbury made a brief presentation to the Board. He noted that the auditor will be reviewing the Village's internal claims processes, and making sure that all procedures are followed. This will complete a thorough review. Trustee Santon asked for clarification, noting that this would be a part-time employee, with no benefits. Trustee Feinstein responded by quoting Village policy regarding part-time employees. She pointed out that policy made it clear that there were no benefits with a part-time position, and felt that it was not necessary to make a change in the resolution to clarify this issue. Mayor Rand extended thanks to former Trustee Donald Degling, who previously held this position on a volunteer basis for the past two years. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 5. APPOINTING A CODE ENFORCEMENT OFFICER (SPANISH SPEAKING) Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION Board of Trustee Meeting May 25,2004 Page 7 APPOINTING A CODE ENFORCEMENT OFFICER(SPANISH SPEAKING) RESOLVED, that Hector Boscarino of 22 Gilbert Lane, Putnam Valley, New York is hereby appointed on a Probationary basis as Code Enforcement Officer (Spanish Speaking), at an annual salary of$50,000 per year, beginning on the effective date of the certified civil service list. Trustee Santon questioned whether or not this position would be probationary. Mr. Bradbury noted that there was a six-month probationary period. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 6. SUPPORTING TROOPS IN IRAQ IN OBSERVANCE OF MEMORIAL DAY Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION SUPPORTING TROOPS IN MIDDLE EAST IN OBSERVANCE OF MEMORIAL DAY WHEREAS, America's men and women continue to answer the call to active duty to provide a strong deterrent to attack from hostile sources and to maintain the security of our country and free people everywhere, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, in observance of Memorial Day, hereby extends its support and appreciation to the troops in the Middle East for their courageous services in the preservation of the heritage of freedom of our great nation. Mayor Rand felt that the resolution should reflect support throughout the world rather than limiting it to Iraq. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE Board of Trustee Meeting May 25,2004 Page 8 TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand reminded everyone that Memorial Day was approaching, and there would be a service held on Monday, May 31St, at 9:00 at the Port Chester Marina, with various other programs at other War Memorials during the day. The major program would be conducted at 11:00 a.m. at Veterans Memorial Park at the corner of North Regent Street and Westchester Avenue, followed by a Parade. 7. APPROVING SCHEDULE OF BILLS PAYABLE Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION RESOLUTION AUTHORIZATION TO APPROVE THE SCHEDULE OF BILLS PAYABLE WHEREAS, the enclosed Schedule of Bills Payable, with the following check numbers, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and review, and have been certified by the Village Administrator: CHECKS CHECK NUMBERS GOA 33571 - 33658 Capital 3253 - 3259 Friends of Rye Brook, Inc. 673 - 677 NOW,THEREFORE,BE IT RESOLVED, that this Board hereby approves payment of the enclosed claims and authorizes payment thereof. Trustee Santon noted that a bill was received for cleaning 523 catch basins. He stated that there were over 600 catch basins within the Village. He questioned whether or not this cleaning would be done on a regular basis. Mr. Bradbury stated that catch basins would be cleaned annually. Board of Trustee Meeting May 25,2004 Page 9 Mr. Victor Carosi, Village Engineer,noted that this was an ongoing process. Mr. Bradbury noted that the Village has worked on educating residents on what happens to debris that goes into the storm drains. It filters out into the streams and brooks, and it eventually ends up in the Long Island Sound. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 8. APPROVAL OF MEETING MINUTES: NOVEMBER 12, 2003 Trustee Santon requested that this matter be placed on the agenda for the next Board of Trustee meeting. It was noted that the Board would review November 12, 2003, April 27, 2004, and May 11, 2004 at the June 8, 2004 Board of Trustee meeting. 9. RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 235,TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees has received various recommendations from its staff, Planning Consultant (Fredrick P. Clark Associates, Inc.) and the Tree & Beautification Committee of proposed modifications to Chapter 235 (Trees) of the Code of the Village of Rye Brook; and Board of Trustee Meeting May 25,2004 Page 10 WHEREAS, Section 235-6 of the Code was modified by Local Law 913- 2002 that was adopted by the Board of Trustees on December 10, 2002, whereby (a) the"Tree Committee was renamed as the "Tree and Beautification Committee", (b) the number of members was increased from 3 to 7 and (c) an increased scope of reviewing and recommending Village beautification, tree preservation and replenishment projects was added to the previously constituted Tree Committee's role as a tree removal permit appeals body; and WHEREAS, the current membership of the Tree and Beautification Committee is not in compliance with the requirements of Sections 235-6 of the Code; and WHEREAS, the Village wishes to separate the roles and duties of(i) review of tree removal permit appeals and (ii)review of Village beautification projects by reverting back to the previous administrative structure of a"Tree Committee" (to be reconstituted as the "Tree Removal Appeals Board") and to reconstitute and rename the "Tree and Beautification Committee" as the "Beautification Committee"; and WHEREAS, a local law has been proposed to accomplish the foregoing; NOW,THEREFORE,BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on Tuesday, June 8, 2004 at 7:30PM, at Village Hall, 938 King Street, Rye Brook,New York to consider a proposed local law to amend Chapter 235, Trees of the Code of the Village of Rye Brook. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that a discussion had taken place with the Chair of the Tree Committee, Mr. Roger Herman. Trustee Santon noted that it took months for a draft local law to be prepared on this matter. He felt that it was time to put the changes proposed in the draft local law into action, and to correct the number of members on that Board into compliance. He also felt that the current body could not hear or rule on applications because the Board was not in compliance. Edward Beane, Esq.,noted that he was reviewing the text given to him by Trustee Santon. The comments were reviewed, but the matter must be addressed as an entire Board. He also noted that the beautification portion of responsibilities Board of Trustee Meeting May 25,2004 Page 11 could be separated from the appeal responsibilities, and he looked to the Board for direction. Trustee Feinstein noted that the first step would be to deal with the issue that the committee as presently constituted is not accurate. One possible venue for correction is to change the ordinance. Trustee Santon noted that the committee should have two members from three other Village Boards. He felt that many fundamental definitions and provisions were missing from the Village's Code. Trustee Santon also noted that he had recommended that a Beautification Committee be formed, however, the past Board decided to merge the two. He disagreed with this decision, and noted that no beautification functions have taken place by this committee. Although he was sure that the Mayor was going to address this matter, he continued by noting that within the last three weeks a number of changes have been made to Village's right-of-ways. Trustee Santon also expressed his opinion that the appeals body of the Tree and Beautification Committee should be done away with. He stated that the Village Engineer should be required to work with a certified arborist and/or the Village's Planning Consultant. He questioned the expertise of some of the members of the committee,noting that some didn't even know what a Norway Maple was. Mayor Rand noted that this matter was brought up with good intentions, and agreed that the Board of Trustees must make policy decisions. He felt that setting the public hearing for the next meeting may not give the Board and Village staff the time needed to be prepared. Trustee Santon clarified the matter for the Board, noting that he made the changes rather than waiting for Village Staff to get around to it. There is now a version that can be given to the Board for review. The bottom line is the tools are available. A public hearing should be set, as the Village would lose nothing by starting the process at the next meeting. Trustee Feinstein noted that she was inclined to separate the responsibilities of the committee. She asked for follow up comments from the Tree and Beautification Committee. Mr. Bradbury noted that if any substantive changes are made to the local law, the public hearing would be required to be continued. Mr. Beane noted that Trustee Santon was correct in that the committee could not function at this time, and noted that having a non-functioning committee doesn't do anyone any good. He suggested two resolutions, one to create a functioning committee. Trustee Santon noted that he had no problem with this suggestion. Mr. Beane noted that a functioning committee must be created so that no backlog of appeals occurs. The first step is to correct the problem of the requirement that two members of the committee must be from the other Village Boards or removing that wording. Trustee Santon felt that the requirement that two members come from the Zoning Board, the Planning Board, or the Environmental Council was very carefully deliberated on by the prior Board. He disagreed with Board of Trustee Meeting May 25,2004 Page 12 Mr. Beane's suggestion, and felt that the appeal process should be eliminated because the committee lacks the professional expertise. He suggested that the current seven-member committee be made the Beautification Committee and then form another properly constituted Tree Removal Board consisting of five members. Mr. Bradbury noted that he would distribute a memorandum, addressing the discussion and addressing other important issue such as the protected list. Trustee Santon felt that definitions must be included in the Village Code, i.e. clear cutting, drip line, etc. The consensus of the Board was for two separate resolutions to be placed on the agenda. Mr. Beane noted that the resolution would be redrafted, and a public hearing would be set for June 80'. The first resolution would eliminate the Tree Committee as the appeal board and replace it with the Board of Trustees. The second resolution, which would be set for the second meeting in June,will resolve that a new proposed law be addressed. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand thanked Trustee Feinstein for suggesting that this time be used to follow up on issues. He noted that this Board has been in session for 50 days. They have addressed and/or are dealing with several issues. • The issue of encroachments is being addressed and is now at the point of enforcement. • The issue of green waste and bulk trash being placed out inappropriately. The rules have been made perfectly clear, and enforcement is in process in the way of summons being issued. • The matter of speeding around Port Chester High School is also being addressed. Speeding tickets have been issued, and the police are patrolling the area. An arrest has been made of two students who used Neuton Avenue as a speedway and were caught racing. • The Bellefair re-numbering issue has now been resolved. • Beautification of the Village has taken place over the past two weeks. Trees were planted on Arbor Day. In addition, the intersection of King and Ridge Street has been planted, along with several other streets within the Village. • Code revisions, which is an impossibly difficult task, is in the process. Various boards and Village staff have been carefully looking through the Code. One area Board of Trustee Meeting May 25,2004 Page 13 that is being reviewed is open Building Permits. This will be a long, laborious process that must be done. • Recreation fields are still being reviewed. Contracts have been submitted by the Blind Brook School Board and the Arbors Homeowners Association, which are currently being reviewed. The Legacy Grant may not come through because the County does not have the monies. • A lot of interest for the Altria Building has been received. A number of developers are looking at the site for a possible mixed-use facility. The Village will study all proposals. It is important to have this very big taxpayer in place and, therefore, the Village is flexible and open to all ideas. • The Revaluation process is continuing. The Village's Task Force is working diligently. • The Village has had several new hires. The Code Enforcement Officer will help expedite enforcement. There has also been a Mayoral appointment to the Financial Advisory Board. • The Village's Task Forces are hard at work. One Task Force is the Revaluation Task Force, which made a presentation earlier in the meeting. Another is the Task Force that is reviewing the Vision Plan for the Village, and giving authorization for final approval authority, under certain conditions, to the Planning Board. Trustee Santon noted that in April there was a discussion item on the agenda regarding the Recreation Fields. The subject of the meeting was the King Street Property and the 29 acres located next to Bellefair. After that meeting a letter was received from Westchester County in which they noted that the maximum amount they could recommend was $2 million dollars. The Village has a project that is now $3.8 million, and the most that the Legacy Committee would grant would be $2 million. This makes it very clear that the Village must move forward with other funding sources. There is a big shortfall gap to be filled. Mayor Rand called for the Administrator's Report. ADNHNISTRATOR'S REPORT Mr. Bradbury reiterated Mayor Rand's comments that the re-numbering in Bellefair was being completed, and Spectrum will be reimbursing the residents for reasonable costs. The King Street Steering Committee had a meeting scheduled for Thursday, May 270'. This will be the final Steering Committee meeting before the next large public meeting. They are reviewing conceptual alternatives that will be presented to the public. Board of Trustee Meeting May 25,2004 Page 14 Mr. Bradbury noted that he and Chief Santoro spoke with the EPA to obtain an update on the mercury find. It was concentrated in one area. Some residents have requested additional testing,which will be done. Mayor Rand turned the Board's attention to old business: OLD BUSINESS Mayor Rand noted that enforcing the Village's law regarding encroachments was an on- going process. Entities seeking to petition the Village to be exempt from it will have to petition the Village in their own way. As Mayor Rand described the process, Trustee Santon expressed his opinion of what the process should be. He felt that all communication should come to the Village Board. Trustee Richard Buzin noted that he agreed with the Mayor's theory, but also agreed with Trustee Santon's method. He suggested that the Village Administrator be used as a filtering system. Trustee Feinstein felt that, procedurally, a recommendation or a request must be heard by the Board. At that time a determination can be made of whether or not an exemption will be considered. Then a vote is taken, and then documentation is prepared by the Village Attorney. Trustee Harris asked that cost factors, for both the residents and the Village, be considered. Mayor Rand noted that the cart and the horse must be put in the right order. The first question is, "Can there be, theoretically, exceptions to the rule?" before individuals petition the Board for exceptions. Trustee Santon felt that if there was an unusual situation or a hardship, they would come to the Board and seeking relief. He felt that no process needed to be set up. Mayor Rand noted that from day one it has been stated that the Village would not tolerate any encroachments onto Village property. The issue was that some residents asked to maintain, versus having the property return to its natural state, the Village owned property. This brought up health and safety issues. Most of the encroachments have already been removed and, if they have not yet been removed, then those residents are in violation. The Village is reviewing this matter, developing policy, and procedure for how to deal with this matter. Trustee Feinstein stated that the Board agreed that all encroachments on Village owned property must be removed. That will be enforced. The maintenance issue is now being reviewed. The new Enforcement Officer will find this issue as one of his first areas of responsibility. The Village will enforce its laws, and not tolerate encroachments. Board of Trustee Meeting May 25,2004 Page 15 Applications for excepts will be heard in connection with maintenance of the property only. Mr. Bradbury noted that it is the responsibility of the residents to approach the Village with regard to requests for exceptions. Mayor Rand noted that there was another issue, and that was the installation of a split rail fence. The idea was to delineate Village land. Before any determinations are made, a deadline should be set to hear requests from residents. It would be unfair to go through the expense of purchasing and installing a fence and then have someone request an exception. However, under no circumstances,will physical encroachments be allowed. A resident of Rock Ridge Drive noted that she has submitted a request for a waiver of the installation of the fence, and additionally requested permission to maintain the Village owned property. She stated that she has not yet received an official response, however, now she was being told that she would have to retain an attorney and submit a formal request to the Village. She asked for clarification. Mayor Rand responded that there was a stay in place regarding the construction of the split rail fence. The Board of Trustees is now reviewing the process, and trying to determine the way that this should be done. The Board is looking for applications to be submitted, and then reviewed on a case-by-case basis. Trustee Santon interrupted, noting that he had responded to this particular application as an individual Trustee because he didn't feel that anyone else would officially respond. This particular application requests a license agreement to run with the land. However, this sounds like a conveyance. There is a chain link fence around the pool area, which is very close to the property line. There is also an additional fenced in area of 25' to 30' in depth on Village parkland. He felt that there was a 2,000 to 3,000 square foot area of Village parkland that is fenced in. This is an encroachment that needs to be removed. An application can be submitted to continue to maintain that land,however, the fence cannot be left. No one can use Village parkland as an extension of his or her own property. The resident of 66 Rock Ridge Drive responded. She noted that they are selling the house and wanted to be sure that the exception that would be granted to her would be conveyed to the new owner. Mayor Rand stated that he would handle this question, however, Trustee Santon responded noting that this is a municipality. He told the resident that, "It was very nervy, being very blunt, to tell us that we are jeopardizing your transaction. You know where your property line is. You have done surveys. You have done work on your property. Don't sell what you don't own. Very simple." Mayor Rand asked the resident if there was in fact a fence that has been constructed on Village land. The response was that there is. Mayor Rand then instructed the resident to remove this fence. The resident stated that this could be done. After this has been accomplished she will submit a new application. Trustee Santon offered to save the resident some time, and stated that the answer would be no. She asked that Trustee Santon not assume what her application would be. Mayor Rand noted that an application Board of Trustee Meeting May 25,2004 Page 16 in connection with maintenance of the lawn can be submitted to the Board, but made it perfectly clear that nothing can be constructed on Village land. Mr. Beane noted that the Village would not be granting licenses or conveyances, or perpetual easements. Policy must be set. Trustee Harris questioned whether or not the owners of 66 Rock Ridge Drive could be ticketed for a fence that they did not put up. It was a previous owner that constructed it. Mr. Beane noted that this was a very interesting legal question. If an owner states that the encroachment is not theirs and that they are not responsible for it, the Village should remove it. However, in this case there is a connection between this fence and the fence that surrounds the pool. Trustee Santon felt that the Village should use its own means to remove the encroachments from this parkland. The stockade fences from the Talcott back yards should be removed, along with the fences from the Elm Hill properties, and this chain link fence behind 66 Rock Ridge Drive. Mr. Bradbury stated that the residents should be given the opportunity to remove the encroachments before action is taken. Mr. Beane asked for a brief recess to discuss this matter with the Board. Upon their return,Mayor Rand asked Mr. Beane to clarify, for the Board and members of the public, where the Village was heading. Mr. Beane noted that the Board would give everyone until June 10, 2004 to remove existing encroachments. For the purpose of this process the Village is assuming that those encroachments are the responsibility of the current owners of the property. If the homeowners state that they do not own, and are not responsible for the encroachments, then the Village will argue that and the Court will render its decision. Regarding licensing, the applications will be submitted to the Board. If these encroachments do not have to be removed by the individual homeowners, then the Village will remove them. Mayor Rand called for the only item under New Business. NEW BUSINESS: 1) DISCUSSION OF SIDEWALK POLICY Mayor Rand noted that this matter has been before the Board for sometime. He asked Mr. Bradbury for an overview of this matter, as this was a policy issue to be considered by the Board. Mr. Bradbury noted that Trustee Santon suggested that the Village Board might want to reconsider the sidewalk policy and procedures as they are currently Board of Trustee Meeting May 25,2004 Page 17 implemented. A review goes back to February of 2002 and covers ways for municipalities to fund sidewalks, including having them maintained and repaired by the residents. The Rye Brook Code is very specific and requires that the adjoining property owners repair, maintain, and replace existing sidewalks. This is very expensive and should be replaced with concrete. The Village has made various policy level decisions regarding streets without sidewalks. The conditions of the sidewalks within the Village were reviewed. It was found that the asphalt sidewalks did not fair well, and they were difficult for the residents to maintain. Trustee Santon felt that there was a lack of clarity within the Village Code that meant that the Village did not really have a policy regarding sidewalks. Some sidewalks were constructed using a County Grant, and continued stating that there was actually a lack of policy. The Village can chose to do a 100% funding or anywhere between 0% and 100%. Other municipalities split repairs/installations 50/50 with the residents, i.e.: Port Chester. He pointed out that the Village has some areas of hazardous sidewalks. He asked that the Village create a game plan —and decide where it wants sidewalks. Trustee Buzin agreed that some of the sidewalks within the Village were in particularly bad shape. Mr. Bradbury noted that some of the asphalt sidewalks installed by the County were good quality. Trustee Feinstein asked what past policy was regarding the condition of sidewalks. She disagreed with Trustee Santon regarding having the Village make repairs because that would set a precedent. The first step is to make a policy determination. Mr. Bradbury noted that the current Code reads, "The adjoining property owners will repair, maintain, and replace the existing sidewalks at their full cost and expense." Trustee Feinstein directed a question to the Administrator, regarding whether or not letters have gone out to residents. Trustee Santon responded that the only letters that have gone out were for failure to remove snow and these residents were given a summons by the Police Department. Mayor Rand re-directed the question to Mr. Bradbury. Mr. Bradbury stated that no letters have been sent out to residents regarding the condition of the sidewalks. Mayor Rand noted that the first step was assessment. Mr. Bradbury noted that typically residents would call in a complaint. Then the Village will assess the area. Repairs are handled in one of two ways either the resident will do it on their own, or the Municipality will put the work out for bidding, and a portion is charged back to the residents. Mr. Carosi noted that the problem areas can be identified, but once identified, by law, there is a certain amount of time within that the sidewalk must be fixed. If the Village starts focusing on sidewalks that are deficient without a means of immediately having these deficiencies remedied, there is a potential trip/fall Board of Trustee Meeting May 25,2004 Page 18 liability. He recommended that the Village consider either a 50/50 or a 60/40 type of cost sharing. Mayor Rand noted that if the Village chose a 50/50 split, it would still be doing more than most municipalities. However, to put the entire responsibility on the property owner would be a strain on those property owners. Trustee Harris quoted some prices that varied from $850.00 to $3500.00 for replacement work done on sidewalks in order to give residents an idea of the Board was talking about. Mr. Carosi felt that it would be reasonable to give the Village staff approximately three weeks to review this matter. He suggested the second Board meeting in June. Mr. Ken Heller of Lincoln Avenue addressed the Board. He asked that the Village consider cleaning up the Blind Brook. The second matter he addressed was the Fourth of July Ceremony and Rye Brook Assistance. Mr. Bradbury noted that they had not received a request yet. Mayor Rand reminded everyone that the next Board of Trustee meetings were scheduled for June 8, 2004 and June 22, 2004. Mayor Rand called for a motion to adjourn the meeting, and go into Executive Session. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the meeting was adjourned. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustee Meeting May 25,2004 Page 19