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HomeMy WebLinkAbout2004-06-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JUNE 22,2004--7:30 P.M 6:OOPM—Joint Meeting with Tree Committee 7:OOPM—Executive Session -Personnel ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a site plan, special use permit and permit to perform regulated activities in a wetland for a new maintenance facility at the Blind Brook Club. 2) Consideration of a local law to amend Section 250-35.F.(1)(e) of Chapter 250 of the Code of the Village of Rye Brook,regarding the display of election signs. 3) Consideration of a local law to amend Chapter 212, Sprinkler Systems, of the Code of the Village of Rye Brook,regarding the extension of the sprinkler law. RESOLUTIONS: 1) Approving a site plan, special use permit and permit to perform regulated activities in a wetland for a new maintenance facility at the Blind Brook Club. 2) Adopting a local law to amend Section 250-35.F.(1)(e) of Chapter 250 of the Code of the Village of Rye Brook, regarding the display of election signs. 3) Approving a local law to amend Chapter 212, Sprinkler Systems, of the Code of the Village of Rye Brook,regarding the extension of the sprinkler law. 4) Authorizing installation of signs that notify the public of the reduced speed limit in the school zone surrounding Port Chester High School. 5) Setting a public hearing on a local law to add Chapter 105 to the Code of the Village of Rye Brook regarding Conservation Easements. Board of Trustees June 22,2004 Page I 6) Referring the re-subdivision application of Robert and Stacey Gendelman for the property located at 173 Country Ridge Drive to the planning board of the Village of Rye Brook. 7) Approving the collective bargaining agreement with the Rye Brook Police Association, Inc. 8) Considering acceptance of the Workers Compensation proposal for the July 2004- July 2005 Fiscal Year. 9) Authorizing the issuance of $46,000 serial bonds of The Village of Rye Brook, Westchester County, New York, to pay the cost of the acquisition of a new dump truck in and for said Village. 10) Approving the Village's contribution to the Columbus Day Parade Committee. 11) Approving the use of the Village streets for the use of the 20th Annual Westchester Triathlon. ADMINISTRATOR'S REPORT OLD BUSINESS: Discussion: Sidewalk policy Discussion: Utility encroachments NEW BUSINESS: Discussion: Proposed modifications of Chapter 240 of the Code of the Village of Rye Brook. Discussion: The status of the revisions to the Code dealing with sprinklers. Discussion: Regarding a possible Volunteer Recognition Day. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING NEXT TRUSTEES MEETING: July 13, 2004 and July 27, 2004 Board of Trustees June 22,2004 Page 2 BOARD Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris Trustee Dean Santon Mayor Lawrence Rand STAFF: Christopher Bradbury, Village Administrator Keith E. Rang,Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Victor Carosi,Village Engineer Robert Santoro, Chief of Police Fred Seifert, Public Access Coordinator Marilyn Timpone Mohamed,Village Consultant Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence Rand called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance. Mayor Rand noted that a meeting was held at 6:00 p.m. with the Board of Trustees and the Village's Tree Committee. He stated that there is a great deal of work to be done. Mayor Rand briefly reviewed the agenda. He called for the first item under Public Hearings: 1) CONSIDERATION OF A SITE PLAN, SPECIAL USE PERMIT AND PERMIT TO PERFORM REGULATED ACTIVITIES IN A WETLAND FOR A NEW MAINTENANCE FACILITY AT THE BLIND BROOK CLUB Mr. Bradbury gave a summary of the application, noting that the matter was referred to the Planning Board for review. The Planning Board, after completing a review that included two site walks, referred the matter back to the Board of Trustees, recommending acceptance with conditions. Mr. Bradbury called for a presentation by the applicant's representative. Mr. Gianfrancesco, from the firm of Arconics Architecture P.C., addressed the Board. He introduced the representative from John Meyer Consulting; Mr. Allan Pilch from Evans Associates — Environmental Consultants; Mr. Robert Stanziale, Project Architect; and Mr. John Bladt and Mr. Les Kennedy from the Blind Brook Club. Mr. Gianfrancesco noted that the original application was submitted to the Mayor and Board of Trustees on September 26, 2003. There were revisions in response to in-house comments from staff and consultants. On November 23, 2003 the Site Plan and Special Use Permit were referred to the Planning Board by Board of Trustees June 22,2004 Page 3 the Board of Trustees. On May 20, 2004 the Planning Board unanimously recommended approval of the application, and referred the matter back to the Board of Trustees. Mr. Gianfrancesco noted that this project has been further revised in response to comments from Planning Board members, the Village's Planning Consultant, and the Village's Consulting Engineer. This project was viewed at two site visits. The initial site visit included the Planning Board and the Tree Committee, and the subsequent meeting included the Planning Board, Tree Committee, and Environmental Council. In addition, several members of the Board of Trustees were also in attendance. Mr. Gianfrancesco stated that the existing site totals approximately 156 acres. The proposed project is located at the westerly most portion of the site, along Anderson Hill Road. The Blind Brook Club proposes to construct a new maintenance facility at the westerly portion of the site, which borders along the Blind Brook. The proposed construction includes an approximately 9,775 square foot building. This facility will house all equipment used on and off-season for the club; it will include a mechanic's shop, and will also have an administrative component to the building. There will be an organized area next to the building, with handicapped spaces, and a driveway with truck access. The building is separated into three different areas. The administrative component includes offices, conference/meeting room, and lockers for the employees. The mechanic shop will be used to maintain the equipment. There is a garage to be used as a storage area. There will be wash bins, an enclosed pesticide storage area, and an above ground fueling area. The structure is a one-story building. The frame will be a prefabricated metal building, with the exterior constructed of cement and stucco. There will be a decorative block base, and the windows will face Anderson Hill Road. The overall height of the building to the peak is 17', and it will be tucked behind the slope. Mr. Gianfrancesco noted that the operation for the proposed facility would be year round, with a staff of five to seven individuals. From March through September, seasonal workers are brought in, bringing this number up to approximately 15 employees. During April through October, the maintenance facility will be in operation seven days a week. In the off-season it will be open five days a week, Monday through Friday. Normal hours of operation are 6:30 a.m. to 3:00 p.m. It was once again noted that the function of this facility will be to store,repair, and maintain equipment used on the golf course. Mr. Gianfrancesco noted that the proposed project intends to remove the existing facility, maintenance garage facility, and associated structures. The new structure will be equipped with a state-of-the art, environmentally sensitive water recycling system and OSHA approved storage. Two existing septic tanks will also be moved. A new sewer system is being installed in the front of the project, the building will be properly landscaped, and will include storm water management Board of Trustees June 22,2004 Page 4 features. Currently there are no controls of the storm water and it runs directly into the Blind Brook. This building will be fully sprinkled. In addition, this project would call for the removal of the underground gas and diesel storage tanks, and a propane tank within the 100' setback. They would also remove two steel storage containers, an existing garage, and storage shed. They will be avoiding existing slopes, and will install a storm water management system and a chemical storage system. Essentially the proposed construction will reduce, to the maximum extent possible to protect the water quality and satisfy the appropriate requirements of the Clean Water Act. All of the maintenance facility functions currently fall within the buffer area. The goal was to locate as much of the facility outside of the buffer zone. The project will be in conformance with the storm water guidelines. The proposed building will be located outside of the buffer zone, and adjacent to the steep slopes. There are a group of mature trees on the slope that are being proposed to be removed. In the interest of saving some of the mature White Pines, the building has been shifted forward, which causes a portion of the building to fall within the buffer area. There are two large storm water basins which will act as wetlands. The applicant proposes heavy plantings of the area between the two storm water basins. Mr. Gianfrancesco noted that this is a project that has been shaped by various site constraints. It is imperative to the Blind Brook Club that the maintenance facility be functional at all times. Therefore, during construction the existing facility will remain. There is an inability to move the access drive because of the topography of the property and the Blind Brook. There is an existing residence that will remain. The third constraint is the wetland delineation line — the top of the bank of the Blind Brook. Currently all buildings fall within the buffer area. Another constraint is the steep slopes. In addition to responding to the constraints noted here, the project is also driven by water quality. They are eliminating the septic field that is currently within the buffer, and replacing it with a forced sewer main. The dwelling will also be taken off of septic. Mr. Pilch stated that there would be two large detention basins constructed. One to the north, and one to the south of the proposed new facility. There will be a substantial amount of plantings between the two detention basins. The project at the end of the day will have 1133 square feet less of impervious surface within the buffer. Underground storage tanks are also being removed. The project avoids the buffer. Planting plans have been submitted, and 370.5 caliper inches of trees will be planted. They include Sugar Maple, Red, White and Pink Oak, and Shade Trees. In addition to these trees, the watercourse mitigation plan provides for various plantings between the two basins. The proposed storm water management plan will capture water from the impervious surfaces and direct it to the detention Board of Trustees June 22,2004 Page 5 basins, utilize the natural filtration system, and then discharge it to the Brook. The Planning Board has reviewed the landscaping plan. Trustee Robert Harris noted that he attended the first site visit, and pointed out that he found the applicant to be very open to suggestions. The plan now before the Board is a combination of the suggestions. He felt that the benefits of this project exceed any of the downside of the project. Trustee Joan Feinstein noted that she also attended a site visit. She was impressed by the scope of the project—the reduction of impervious surface, the replacement of the trees to be removed. She asked for clarification of why the pump house was not being removed and whether or not it would have an effect on this project. Mr. Gianfrancesco noted that the structure is right at the edge of the Brook. First the disturbance to remove it would be worse than the gain. Second, it provides a back-up station for the club. The structure is only 8' x 8'. There being no further discussion, Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Dean Santon, and seconded by Trustee Robert Buzin, the public hearing was closed at 8:05 p.m. Mr. Keith Rang,Assistant to the Administrator, called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE With the permission of the Board,Mayor Rand called for the resolution: 1) APPROVING A SITE PLAN, SPECIAL USE PERMIT AND PERMIT TO PERFORM REGULATED ACTIVITIES IN A WETLAND FOR A NEW MAINTENANCE FACILITY AT THE BLIND BROOK CLUB Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION APPROVING A SITE PLAN, SPECIAL USE PERMIT AND PERMIT TO PERFORM REGULATED ACTIVITIES IN A WETLAND FOR A NEW MAINTENANCE FACILITY AT THE BLIND BROOK CLUB, 980 ANDERSON HILL ROAD IN THE VILLAGE OF RYE BROOK Board of Trustees June 22,2004 Page 6 WHEREAS, the Blind Brook Club has made an application to the Village to remove an existing maintenance building, garage, septic system, and underground fuel storage tanks to construct a new golf course maintenance and equipment storage facility with sprinkler system, new force main sewer, storm water management system and fuel storage tanks to serve the property at 980 Anderson Hill Road, Section 1, Block 4, Lot 1 in the R-20/Z-1 Zoning District; and WHEREAS, the Village of Rye Brook Board of Trustees, as Lead Agency pursuant to the State Environmental Quality Review Act (SEQRA), has reviewed the Full Environmental Assessment Form (EAF)prepared by the Applicant; and WHEREAS, the Board of Trustees determined the project to be an Unlisted Action; and WHEREAS, that the subject application was referred to the Village Planning Board, the Village Advisory Council on Environmental Conservation, and the Village Planning and Engineering Consultants for reports and recommendations on November 25, 2003 and the Board of Trustees has received and reviewed the reports and recommendations regarding: tree preservation; impervious surface coverage in the Blind Brook buffer; landscaping and screening and the post-construction monitoring plan for the restored buffer and storm water management basins within the buffer; and WHEREAS, the subject application was referred to the Westchester County Department of Planning, the Town/Village of Harrison, the Town of Greenwich CT, and the New York State Department of Environmental Conservation for their review and no comments were received; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, on June 22, 2004, the Board of Trustees held a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application; and WHEREAS, the Applicant is proposing a 1,133 square-foot decrease in the amount of impervious surface coverage within the wetland buffer, from 14,312 square feet to 13,179 square feet; and WHEREAS, the Board of Trustees, after due deliberation, finds the proposed construction project would improve the water quality of the Blind Brook by removal of an existing septic system, construction of storm water management facilities and improvement of the functionality of the watercourse buffer; and Board of Trustees June 22,2004 Page 7 WHEREAS, the Village Board of Trustees has complied with the provisions of the New York State Environmental Quality Review Act by preparing Part II of a Full Environmental Assessment Form to assess the probable impacts of the proposed action; and WHEREAS, the Board of Trustees, in its capacity as Lead Agency for the review of the subject application, took a hard look at the potential adverse environmental impacts of the proposed action and determined that the proposed action would not result in any significant adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees hereby adopts a Negative Declaration, thereby ending the State Environmental Quality Review process. BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the Site Plan, Special Use Permit and Permit to Perform Regulated Activities in a Wetland subject to the following conditions: I. The construction, soil removal and tank removal plans shall be approved by the Village Engineer and the Westchester County Department of Health. 2. Soil tests for hazardous materials in the area surrounding the existing subsurface petroleum storage tanks shall be reviewed by the Village Engineer. 3. A total of 370.5 caliper inches of new trees comprised of a mix of 2-4.5 inch caliper trees shall be planted on the project site and in the immediate area surrounding the project site or other locations within the watercourse buffer where trees might be planted to improve the functioning of the buffer. 4. A comprehensive post-construction monitoring plan for the restored buffer and the storm water management basins within the buffer shall be developed by combining the plans already submitted. The plan shall include the following additional provisions: • Submission of a baseline report that documents the physical condition and functioning of the storm water facilities and the buffer one month after completion, including, but not limited to as- built drawings and lists and quantities of plants species installed. The baseline report shall be completed by the Owner's landscape architect/environmental designer and shall be delivered to the Village Engineer for approval. Board of Trustees June 22,2004 Page 8 • All inspections, monitoring and reporting shall be performed by a landscape architect/environmental designer hired by the Owner, whose credentials are satisfactory to the Village Engineer. • The Village Engineer shall be notified at least 24 hours in advance of an inspection. • Inspection reports shall include: a.) Photographs, field logs, other supporting data and a summary of the functioning of the storm water facilities and buffer in comparison to the design performance standards approved. b.) Percentage of plant survival in all planted and seeded areas associated with the storm water facilities. c.) The average,minimum and maximum depth of sediment in the storm water basins. d.) The physical condition of all structures that are part of the storm water facilities. e.) Evaluation of the storm water facilities and buffer functions. f) Maintenance and repair records from the previous year. g.) Recommendations for any repairs, modifications, mowing or adjustments to grading or plantings. h.) Documentation regarding the presence and monitoring of harmful insects. All this shall be done to the satisfaction of the Village Engineer. 5. A note stating that protected trees lost due to damage incurred during construction will be replaced during the subsequent growing season shall be added to the tree protection notes. Board of Trustees June 22,2004 Page 9 Mr. Keith Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 2) CONSIDERATION OF A LOCAL LAW TO AMEND SECTION 250- 35.F.(1)(E) OF CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK,REGARDING THE DISPLAY OF ELECTION SIGNS Mr. Bradbury summarized the matter for the Board, pointing out that the changes to this local law would reduce the amount of time the signage could be erected and left standing. The Planning Board reviewed this matter, and referred it back to the Board of Trustees,recommending approval. Trustee Santon noted that the length of time was discussed at a prior meeting. He noted that 15 days was too short, and 35 days was too long. Trustee Santon, noted that elections included all elections and not just Rye Brook elections. Trustee Harris felt that the 15 days was a good timeframe. He expressed his opinion that the size of the signs was too large. He felt that a six square foot sign would be more appropriate. He felt that passing resolution that allows for a 15 square foot sign was leaving the Village open to actually have 15 square foot signs installed. Trustee Feinstein felt that shortening the duration of the signs was a good move. 15 days is just enough time. The Village's Code specifies that the signs cannot exceed 15 square feet and that leaving this in the Code allowed for flexibility. This matter can be revisited if it is abused. Trustee Santon noted that in the local Village elections no one has put up a 15 square foot sign. They have never been near the 15 square feet. He suggested that some of the other signs within the Village should be reviewed, i.e.: real estate signs, roofers, painters, the Stonegate signs, etc. Mary Bellantoni of Ridge Street addressed the Board. She felt that a 15-day time limit restricted the County level elections. She felt that the focus should be the other signs that are constructed in the Village. Mayor Rand agreed that 35 days was too long. He felt that 21 days would be an appropriate timeframe. Trustee Santon made a motion to amend the draft local Board of Trustees June 22,2004 Page 10 law and change the timeframe from 15 days to 21 days. Trustee Buzin seconded the motion. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING NO TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Trustee Harris noted that he voted no because he felt that the size of the sign should be decreased now, before someone puts up a large, 15 square foot sign. Trustee Santon stated that the local elections do not typically generate large signs. Mayor Rand felt that cutting down the timeframe that signs can be up was sufficient. He stated that he was comfortable with just changing the local law to change the timeframe. Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the public hearing was closed at 8:20 p.m. Mr. Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution. 2) ADOPTING A LOCAL LAW TO AMEND SECTION 250-35.F.(1)(E) OF CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK,REGARDING THE DISPLAY OF ELECTION SIGNS Mr. Bradbury read the second resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO AMEND THE VILLAGE SIGN LAW Board of Trustees June 22,2004 Page 11 WHEREAS, a local law was introduced to amend Section 250-35.F.(1)(e) of Chapter 250 of the Code of the Village of Rye Brook to reduce the time period when signs erected in connection with elections or political campaigns may be displayed; and WHEREAS, the adoption of the proposed local law is an unlisted action pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617; and WHEREAS, pursuant to Section 239-m of the General Municipal Law notice of the public hearing on this proposed local law was provided to Westchester County; and WHEREAS, pursuant to Section 277.71 of the Administrative Code of the County of Westchester notice of the public hearing on this proposed local law was provided to all adjacent municipalities; and WHEREAS, a duly noticed public hearing was held on June 22, 2004, at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation and consideration of the report and recommendation of the Planning Board, finds it is in the best interest of the Village to adopt such local law. 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 proposed local law; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF that was prepared for this local law, hereby adopts a Negative Declaration since the local law will not have a significant adverse impact upon the environment; and BE IT FURTHER RESOLVED, that the Board of Trustees Village of Rye Brook hereby adopts the proposed local law to amend Section 250- 35.F.(1)(e) of Chapter 250 of the Code of the Village of Rye Brook to reduce the time period when signs erected in connection with elections or political campaigns may be displayed, which amendments are enacted into law as Local Law 98-2004; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Board of Trustees June 22,2004 Page 12 Trustee Harris questioned whether or not this matter needed to be re-noticed before the resolution passed because of the change from 35 days to 21 days. Edward Beane, Esq. felt that this was not a sustentative change. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3) CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 212, SPRINKLER SYSTEMS, OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING THE EXTENSION OF THE SPRINKLER LAW Mayor Rand opened the public hearing. Mr. Bradbury noted that this would extend the amount of time for residents to comply with this local law. There were no comments from members of the Board, or members of the public. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the public hearing was closed at 8:26 p.m. Mr. Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3) APPROVING A LOCAL LAW TO AMEND CHAPTER 212, SPRINKLER SYSTEMS, OF THE CODE OF THE VILLAGE OF RYE BROOK, REGARDING THE EXTENSION OF THE SPRINKLER LAW Mr. Bradbury read the resolution. A motion was made by Trustee Buzin, and seconded by Trustee Feinstein, to open the resolution to discussion. Board of Trustees June 22,2004 Page 13 RESOLUTION ADOPTING A LOCAL LAW TO EXTEND THE DATE FOR COMPLIANCE WITH THE SPRINKLER LAW REQUIREMENT THAT COMMERICAL BUILDINGS BE FULLY SPRINKLERED UNTIL SEPTEMBER 30,2004 WHEREAS, the Sprinkler Law (Local Law 93-1997) was filed with the Secretary of State on April 1, 1997, which stated, in part, that "a commercial building existing on the effective date of this chapter shall be fully sprinklered within seven years after the effective date of this chapter" and therefore would have required all commercial buildings to be sprinklered on or before April 1, 2004; and WHEREAS, on February 24, 2004, Local Law 92-2004 was passed by the Board of Trustees which extended the date for compliance with the provision of the Sprinkler Law that all commercial buildings be fully sprinklered until June 30, 3004; and WHEREAS, it was introduced to further extend the date for compliance with the provision of the Sprinkler Law requiring that all commercial buildings be fully sprinklered until September 30, 2004; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on June 22, 2004, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on June 22, 2004; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of such local law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts the proposed local law to further extend the date for compliance with the Sprinkler Law requirement that all commercial buildings be fully sprinklered until September 30, 2004,which is enacted into law as Local Law 99-2004; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Board of Trustees June 22,2004 Page 14 Trustee Santon noted that the prior Board had discussed this matter. This Board scheduled the public hearing. The Village's staff, in the 90 day extension period, was going to put together a list as to where the Village stands in connection with compliance, particular from the commercial structures which are places of public assembly. He expressed his concern that this list has not yet been completed, and noted that there were not many retail establishments within Rye Brook. Mayor Rand questioned whether or not the information would be available by September 30�'. Mr. Bradbury noted that work has been done in connection with this matter. He noted that this is a very time consuming project and pointed out that progress but additional time was needed. The Board wanted to be sure that the September 30th extension would be sufficient. Mr. Bradbury responded that within the next 45 days there will be a full list of all of the commercial areas, and where they stand regarding compliance with the Sprinkler Law. He stated that the staff has been actively working on this matter. This is an important safety issue,which needs proper review. Trustee Feinstein expressed her concern regarding an extension, noting that this matter went into effect seven years ago. Trustee Santon felt that the extension should not be granted. Mayor Rand asked for Mr. Victor Carosi's view on this matter. Mr. Carosi stated that the larger office buildings have been brought into compliance. The three- month extension will not help in compliance, but will give the staff the time that they need to complete the report. Over the past seven years, stores within the Rye Ridge Shopping Center that have undergone renovations have complied with the Sprinkler Law. Violations can be issued, but the review should be completed first. Mr. Beane noted that this matter was a little more complicated, and asked that it be discussed in an Executive Session, pointing out that the Village of Rye Brook's Code goes beyond the State Code. Mr. Beane noted that uses that are not really commercial uses could be excluded from compliance with this Law. However, he felt that additional legal research must be done, and September 30th gives staff the additional time that is needed. Mr. Beane stated that no further extensions would be requested. Trustee Santon noted that he was not concerned about the home occupation use at this time. He was, however, concerned about the movie theater. He was also concerned about United Cerebral Palsy who claimed financial hardship rather than considering the safety of their population. He asked that the Village focus on the retail centers and commercial office buildings. Board of Trustees June 22,2004 Page 15 Mr. Rang called the roll: TRUSTEE BUZIN VOTING NO TRUSTEE FEINSTEIN VOTING NO TRUSTEE HARRIS VOTING NO TRUSTEE SANTON VOTING NO MAYOR RAND VOTING AYE Mayor Rand noted that the resolution did not pass. Mr. Bradbury asked for direction from the Board, to which Mayor Rand responded that the focus should be the concern for public safety. The Board went into Executive Session at 8:55 p.m. They returned at 9:05 p.m., at which time Mayor Rand called for the next item on the agenda. 4) AUTHORIZING INSTALLATION OF SIGNS THAT NOTIFY THE PUBLIC OF THE REDUCED SPEED LIMIT IN THE SCHOOL ZONE SURROUNDING PORT CHESTER HIGH SCHOOL Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION AUTHORIZING INSTALLATION OF SIGNS THAT NOTIFY THE PUBLIC OF THE REDUCED SPEED LIMIT IN THE SCHOOL ZONE SURROUNDING PORTCHESTER HIGHSCHOOL WHEREAS, Section 240-7.C. of the Code of the Village of Rye Brook reduces the speed by which a vehicle may be operated upon roadways within 300 feet of a school building line to 15 m.p.h. on school days between the hours of 7:00 a.m. and 6:00 p.m.; and WHEREAS, the Village of Rye Brook wants to increase the visibility and awareness of the reduced speed limit in the vicinity of the Port Chester High School; Board of Trustees June 22,2004 Page 16 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Department of Public Works to install signs indicating the reduced speed limit of 15 m.p.h. on school days between the hours of 7:00 a.m. and 6:00 p.m. along those portions of the following roadways that are within 300 feet of the building line of the Port Chester High School: 1. Tamarack Road; 2. Neuton Avenue; and 3. College Avenue. Chief Robert Santoro addressed the Board. He noted that many complaints about speeding around the school have been received. Tickets have been issued, but the speeding has continued. This is a safety issue in that this is a School Zone with a lot of children moving around. Although some resident may feel that it is an inconvenience, it is a needed inconvenience. Mayor Rand noted that he has received many calls from residents in the area of the school regarding this issue. Mr. Bradbury stated that the police department has been out giving out tickets in the hope of slowing down the speed around the school. Trustee Harris pointed out that individuals are ignoring the 30 mph speed limit. He felt that they would ignore the 15 mph speed limit, and did not want to give residents a false sense of hope that the speeding would stop because the speed limit was lowered. Chief Santoro noted that the fine incurred for going above the speed limit would be steep. There are also points that will be incurred. He also noted that the drag racing that has been going on is a separate problem. Mayor Rand stated that there are a number of joggers and walkers that use the area around the school. He felt that reducing the speed limit would increase their safety. Trustee Santon noted that the Port Chester Middle School already has a 15 mph speed limit. The resolution addresses the problem near the High School. However, as this resolution states that the speed limit will be in effect for 300 feet of the school building, he felt that the zone needed to be extended. He also noted that the Ridge Street School has signage as well as blinking lights. Chief Santoro felt that the 300 feet was a sufficient coverage area. The markings will be installed during the summer. Mayor Rand asked that the roll be called: Board of Trustees June 22,2004 Page 17 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 5) SETTING A PUBLIC HEARING ON A LOCAL LAW TO ADD CHAPTER 105 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING CONSERVATION EASEMENTS Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW TO ADD CHAPTER 105 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING CONSERVATION EASEMENTS WHEREAS, the Board of Trustees is considering a local law to amend Chapter 250, Zoning, of the Code of the Village of Rye Brook regarding a Scenic Roads Overlay District and Conservation Easements; and WHEREAS, the proposed local law was referred to the Planning Board by the Board of Trustees on February 24, 2004; and WHEREAS, the Planning Board discussed the local law at public meetings on March 11, April 15, May 20, and June 10, 2004 at which time members of the public were given opportunity to comment and members of the Planning Board directed the village consultants to make revisions and modifications; and WHEREAS, the proposed law was revised to add a new chapter(Ch. 105) to the Village Code regarding Conservation Easements in lieu of incorporating language regarding Conservation Easements into the language of the local law regarding creation of a Scenic Roads Overlay District; and WHEREAS, on June 10, 2004 the Planning Board adopted a resolution, by a vote of 5-0, recommending approval of the proposed law to add Chapter 105 to the Village Code regarding Conservation Easements and referred the proposed law back to the Board of Trustees for action. Board of Trustees June 22,2004 Page 18 NOW THEREFORE BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on July 13, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law adding Chapter 105 to the Village Code regarding conservation easements. Trustee Santon stated that the Village's Consultant should review this matter, pointing out what has been added at the suggestion of the Planning Board. Ms. Timpone Mohamed, Village Consultant, from the firm of F.P. Clark and Associates, addressed the Board. She noted that the Planning Board, in consultation with the Village Attorney and her office, looked at the original law that was proposed that had to do with scenic roads overlay districts and conservation easements. It was found to be confusing, and it was decided to split law into two laws. This law now empowers the Board to place, with the approval of a homeowner, or for a homeowner to place a conservation easement on their own property for a variety of reasons. This is a tool that the Board can use to provide protection to existing open space within the Village. It is also a way for homeowners to do the same thing for their own property. The Village can also use this as a presentation tool in site plan approvals and subdivision approvals. This is the first step. The second law, that was carved out of this one, has do to with the scenic roads overlay districts and will be forthcoming from the Planning Board. Ms. Timpone Mohamed noted that a property owner cannot be compelled to place an easement, but it can be suggested. The property owner must agree to the placement of an easement in all cases. This is a very good planning tool -- a way to conserve land. Conservation easements can cover architectural elements, but are not the same as landmarking a building. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 6) REFERRING THE RE-SUBDIVISION APPLICATION OF ROBERT AND STACEY GENDELMAN FOR THE PROPERTY LOCATED AT 173 COUNTRY RIDGE DRIVE TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees June 22,2004 Page 19 RESOLUTION REFERRING THE RESUBDIVISION APPLICATION OF ROBERT AND STACEY GENDELMAN FOR THE PROPERTY LOCATED AT 173 COUNTRY RIDGE DRIVE TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, Robert and Stacey Gendelman of 35 Lincoln Lane, Purchase, New York, have made an application to the Village of Rye Brook pursuant to Chapter 219 of the Village Code requesting a re-subdivision of the property located at 173 Country Ridge Drive, which is owned by Daniel Forbes and designated on the tax maps as Section 1, Block O, Lot 11 and located in the R-15 Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself Lead Agency for the review of the subject application for a re-subdivision; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Westchester County Department of Planning, the Town/Village of Harrison, the Village Planning Board and the Planning Consultant of the Village of Rye Brook for a report and recommendation; and BE IT FURTHER RESOLVED, that the applicant is directed to comply with Section 250-40 of the Village Code regarding notification; and BE IT FURTHER RESOLVED, that the applicant is directed to deposit the sum of $2,500.00 with the Village to be used toward professional fees incurred during the review of this application. Trustee Santon addressed this matter, noting that the counsel for the applicant was present at the meeting. This application was presented to the Village last fall, and it never went anywhere because of defects in the application. It was an incomplete submission. This is an application for a re-subdivision that would create a non-conforming lot. He pointed out that it lacks the required street frontage, as well as minimum size for a lot within an R-15 district. This lot would be a 298 square foot lot. In addition, he noted that the owner of the property is Daniel L. Forbes, however, the application is in the name of the contract vendees. He felt that this application was not ready to be referred to the Planning Board, noting that it does not meet the basic requirements of a subdivision. He also questioned the validity of the survey map included with the application. Counsel for the applicant addressed the Board. He noted that the applicant believed that the subdivision was compliant as to zoning. You will be left with a Board of Trustees June 22,2004 Page 20 small tax lot in Rye Brook, however, the lots that are created are fully compliant with the more stringent zoning. The lots encroach into other municipalities. If there are land use issues associated with this development, there is certainly nothing that would prevent the referral to the Planning Board. Updated information has been supplied, and the application has been submitted, accepted by Village Staff, comments were made, and revisions made in response to the comments. He requested that this application be referred to the Planning Board for review and consideration. Trustee Santon rebutted the comment that the application was accepted by Village staff,noting that that is the job of the Board of Trustees. Trustee Santon felt that the property owner should be in attendance at the meeting, and stated that the property owner did not sign the application. It was noted that the Gendelman's are the contract vendee. Mr. Forbes is the owner of the property in Rye Brook, and the application is made for the Gendelman family. Mayor Rand stated that he felt that this matter should be referred to the Planning Board because they would raise the same questions that Trustee Santon was concerned with. By the time the application is returned to the Board of Trustees, the applicant will have had a full, fair and very complete hearing. Trustee Santon responded saying that, in his opinion, this matter is not ready for referral. He questioned the purpose of this subdivision. Counsel for the applicant noted that the sole purpose was to opt into the school system. Mr. Beane was asked to clarify the procedure. He noted that an application is submitted. If the Building Inspector takes the position that the application is non- compliant then the application would not go anywhere. All of the land use issues that Trustee Santon raised would be addressed by the Planning Board. He also noted that, to-date, staff has not ruled that this matter is non-compliant. Mayor Rand called for a vote on the resolution. The Planning Board will be made aware that there are a number of serious issues to be dealt with before the matter is referred back to the Board of Trustees. He noted that the Village has an excellent Planning Board, and felt that this matter should be referred to them for review. Trustee Santon pressed forward, reiterating his opinion that the application should not be referred. Mr. Beane noted that the Board of Trustees has the right to decline to make the referral, however, he noted that it was extraordinarily unusual. He suggested that this matter move forward and that the Planning Board be allowed to hash out the areas of concern. Mr. Rang called for the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE Board of Trustees June 22,2004 Page 21 TRUSTEE SANTON VOTING NO MAYOR RAND VOTING AYE 7) APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION,INC. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution as adopted. RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION,INC. RESOLVED, that the Village of Rye Brook is authorized to enter into a collective bargaining agreement with the Rye Brook Police Association, Inc. for the period of June 1, 2004 to May 31, 2007, on the terms and conditions set forth in the Stipulation of Agreement signed by both parties on June 1, 2004, which has since been ratified by the Rye Brook Police Association members and hereby approved on behalf of the Village of Rye Brook; and it is FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury pointed out that negotiations have been going on for several months. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 8) CONSIDERING ACCEPTANCE OF THE WORKERS COMPENSATION PROPOSALS FOR THE JULY 2004-JULY 2005 FISCAL YEAR Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees June 22,2004 Page 22 RESOLUTION ACCEPTANCE OF WORKERS COMPENSATION PROPOSAL FOR FISCAL YEAR JULY 2004-JULY 2005 WHEREAS, the Village of Rye Brook has retained Insurance Consultant Advisory Services, Inc, dba, Risk Management Services to review and prepare specifications and to solicit proposals to meet the Workers Compensation insurance needs of the Village; and WHEREAS, Risk Management Services has obtained proposals from both the incumbent carrier, Lovell Safety Group, (a N.Y. State Insurance Fund) and Public Employers Risk Management Association ("PERMA"); and WHEREAS, based upon its lower proposal, Risk Management Services recommends placing the Workers Compensation policy with the Lovell Safety Group, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby accepts the placement of the Village's Workers Compensation insurance policy with the Lovell Safety Group, a N.Y. State Insurance Fund, with a total annual estimated premium of $139,035 for the 7/1/04-7/1/05 policy period. Mayor Rand called for discussion. Mr. Bradbury noted that Rye Brook's experience with Worker's Compensation has been very good. There were two quotes received, and the lower bid was accepted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 9) AUTHORIZING THE ISSUANCE OF $46,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF A NEW DUMP TRUCK IN AND FOR SAID VILLAGE Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Santon, the resolution was adopted. Board of Trustees June 22,2004 Page 23 RESOLUTION AUTHORIZING THE ISSUANCE OF $46,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY,NEW YORK,TO PAY THE COST OF THE ACQUISITION OF A NEW DUMP TRUCK IN AND FOR SAID VILLAGE WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act,have been performed; and WHEREAS, it is now desired to authorize the financing of such capital proj ect; NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook,Westchester County,New York,as follows: Section 1. For the specific object or purpose of paying the cost of the acquisition of a new dump truck and for the Village of Rye Brook, Westchester County, New York, including incidental expenses in connection therewith, are hereby authorized to be issued $46,000 serial bonds of said Village pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of the aforesaid specific object or purpose is hereby determined to be $46,000, and the plan for the financing thereof is by the issuance of the $46,000 serial bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized,including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably Board of Trustees June 22,2004 Page 24 pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Village; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquaintance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto,prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of the Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Board of Trustees June 22,2004 Page 25 Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution,which takes effect immediately, shall be published in full in The Journal News,the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Mr. Bradbury noted that counsel prepared this resolution. This issue was discussed during the Board of Trustees' Work Session regarding the Village's Budget. Mr. Bradbury noted that the truck would be green. Mr. Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees June 22,2004 Page 26 10)APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY PARADE COMMITTEE Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY PARADE COMMITTEE WHEREAS, the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Parade Committee; and WHEREAS, the Village of Rye Brook Board of Trustees in the year 2001, 2002 and 2003 contributed$750.00 for said event, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby requests that $750.00 be given to the Columbus Day Parade Committee for its annual Columbus Day Parade; and it is FURTHER RESOLVED, that the Columbus Day Parade Committee may use Hawthorne Avenue on Sunday, October 10, 2004 (rain date October 17, 2004) for the Columbus Day parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Mayor Rand noted that this is the same amount contributed in the prior three years. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees June 22,2004 Page 27 Mayor Rand took a moment to remind everyone of the upcoming celebration for the 4th of July to be held at Port Chester High School. 11)APPROVING THE USE OF THE VILLAGE STREETS FOR THE USE OF THE 20TH ANNUAL WESTCHESTER TRIATHLON Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION APPROVING USE OF VILLAGE STREETS FOR 20th ANNUAL WESTCHESTER TRIATHLON RESOLVED, that the Westchester Triathlon is authorized to use the Village of Rye Brook streets for the 20th annual Westchester Triathlon on Sunday, September 26, 2004,requested in the letter dated June 10, 2004; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand turned to Mr. Bradbury for the Administrator's Report. ADMINISTRATOR'S REPORT Mr. Bradbury began by noting that the Village has been successful in several grant applications. They received a Westchester County Grant in the amount of $100,000 in connection with storm water compliance. He also noted that Sleepy Hollow has been awarded a grant that Rye Brook has been actively involved with in connection with construction site training. These grants cover costs that the Village would have incurred, and offset Village costs. Board of Trustees June 22,2004 Page 28 Mr. Bradbury noted that the King Street Traffic Committee was holding a meeting on June 23, 2004 in Village Hall. Mr. Bradbury provided an update on encroachments. Letters have been sent out requiring compliance regarding physical encroachments. The Village has received responses from some residents that have come into compliance, or provided dates for compliance. Violations will be issued this week to residents who have not removed the encroachments or contacted the Village. Mayor Rand stated that many of the physical encroachments have been removed. Mr. Bradbury agreed, and noted that the homeowners behind Roanoke have not removed the encroachments and will be issued violations. Trustee Santon noted that out of the 20 property owners that were physically encroaching, only half have removed the encroachments. A request for a license agreement has been received from the Talcott Homeowners Association, and individuals behind Rock Ridge Drive. There will be site visits and consideration given to these requests. The Environmental Planner for Westchester County is scheduling a meeting on how to maintain an appropriate buffer along the Blind Brook, along with other environmental issues. This meeting should be scheduled for July. OLD BUSINESS Mayor Rand noted that there were two matters under old business to be addressed. The first was on sidewalk policy. Mr. Bradbury noted that he was asked to look at possible alternatives in order to establish a new policy and enact a new law regarding how sidewalks are maintained. The sidewalks, condition, replacement costs, etc. were reviewed. Mr. Carosi has inspected sidewalks within the Village, and found that some of the sidewalks are not built to current standards. Mayor Rand noted that the cost factor must be discussed and made part of the policy determination. Mr. Bradbury noted that the Village's Code states that the adjoining property owner is responsible for the maintenance and replacement of the sidewalks. The Village has received several grants for sidewalk work, and the County has installed some sidewalks. The replacement costs were estimated at$1.7 million. Mayor Rand questioned where the Village was going in connection with this matter. Mr. Bradbury noted that there are certain areas that the Village should be responsible — i.e., where street trees that have uprooted the sidewalks. There are certain areas that the Village should focus on, such as Betsy Brown. Mr. Bradbury noted that certain Board of Trustees June 22,2004 Page 29 sidewalks could be considered abandoned. The streets with pedestrian traffic should be reviewed. Mayor Rand noted that there are areas of the Village where sidewalks are in poor condition. This matter should be made part of a public discussion, and Mayor Rand suggested a public hearing. Trustee Santon recommended that the Department of Public Works be empowered to repair the sidewalks around Betsy Brown area. The damage is from street trees and the Village should make the repairs. A work session should be set up, and the residents invited. Staff should identify the areas that need repair. Mr. Bradbury was directed to research this matter further. The next topic to be discussed was utility encroachments. Trustee Santon felt that Verizon was having an impact on the Village. He felt that there should be municipal review, and violations should be issued for encroachments. He stated that the boxes that have been installed should be removed. He felt that the utility boxes installed by Verizon have been installed beyond the Village's right of way. He also felt that Con Edison should be dealt with because they come in and rip up Village streets. He asked that some action dealing with the Verizon project, and Con Edison's work in the Village be placed on an agenda for further discussion. Trustee Santon called for Mr. Carosi's response regarding the installation of boxes by Verizon. He felt that the Village's Engineer did not have the authority to give permission for the type of installation such as on West Ridge Street. It was not brought before the Village Board. The utility companies are aware of municipal review. He felt that the three boxes that were recently installed created an egregious impact on the Village, and he asked that violations be issued. He called for the boxes to be removed. He also "guide wires" within the Village and questioned when the ones that are considered safety hazards will be removed. Mr. Brabury noted that work done by the utility companies is work that is done for the benefits of the residents. Although the Village was fortunate in its successes on Anderson Hill Road regarding screening, it has been less successful with Verizon. If a utility company rips up a sidewalk then,when they are done, they must replace it. Trustee Santon insinuated that the Verizon installation at West Ridge Street was installed inappropriately, referring to the Village's Engineer. He stated that the Village Engineer knew full well that the Planning Board denied the application at Betsy Brown and North Ridge Street and that the Town denied the request at Betsy Brown and Crawford Park. Sketches were provided and Trustee Santon requested that the correspondence be presented to the current Board. He asked how the installation was given any form of unauthorized consent,because it is not up to the Village Engineer. Board of Trustees June 22,2004 Page 30 Mr. Carosi stated that he was not prepared to address the Ridge Street installation. He would review the application and report back to the Board of Trustees. Mr. Carosi began an explanation of regulations for utility companies, however, Trustee Santon, stated he was looking for a response on the Verizon installation. Mr. Carosi continued his response regarding the utility companies and their work in Rye Brook. He noted that Con Edison is in the process of repairs and upgrades throughout the community. They must replace their cast iron gas mains with plastic pipes, and is required to replace a certain amount of pipes every year. This piping is prone to leaks, and is a safety concern. Portions of the pipes have had many, many repairs and it is in the best interest to the safety of the residents to have the repair work done. Con Edison does provide information prior to commencing work. Con Edison complies with Village regulations in as far as restoration of the area. Additional information will be supplied at the July 13, 2004 Board of Trustee meeting. Trustee Santon asked that the Village Attorney review this matter. Mr. Bradbury attempted to clarify that the utility companies have certain rights and easements and that the work completed by them is in the best interest of the residents. Mayor Rand called for the next item on the agenda: NEW BUSINESS Discussion: Proposed modifications of Chapter 240 of the Code of the Village of Rye Brook Trustee Santon felt that the Village should consider three items. The first dealt with stop sign intersections. The second was play streets. The third and final item was restricting parking around the High School. He requested that these matters be referred to the Traffic Commission for review. Mr. Bradbury stated that he would ensure that this referral is made. Mayor Rand noted that two openings on the Traffic Commission have been filled. Gerald Applebaum was appointed Chairman, and Maryanne Ferraro re joined commission. Currently there is one opening available. Any interested resident should contact the Administrator's Office. Discussion: The status of the revisions to the Code dealing with sprinklers Trustee Feinstein addressed a different portion of the Sprinkler Ordinance than discussed earlier in the meeting. She noted that last August Mark Harmon, Chairman of the Zoning Board of Trustees June 22,2004 Page 31 Board of Appeals, wrote a letter to the Board of Trustees explaining that the Zoning Board was having difficulties when presented with requests from applicants from the Sprinkler Law. How renovation work is calculated has caused problems and the Village's Code is unclear in connection with this determination. Problems occur when, for instance a doorway to a room is changed but no work is done in that room — is the untouched room's square footage added into the calculations to determine if 50% of the home has been renovated? A Work Session was held between the Zoning Board and the Board of Trustees. Text amendments were suggested and referred to the Zoning Board. Trustee Feinstein felt that it was time to make an unclear law clear. Discussion: Regarding a possible Volunteer Recognition Day Trustee Feinstein noted that the Village sincerely appreciates the residents that are volunteers. She felt that it was good practice to recognize volunteers, and suggested that the Village hold a Volunteer Recognition Day. Mr. Bradbury agreed that this was an excellent idea, and suggested that"Volunteer Recognition Day"be scheduled for the fall. Mayor Rand noted that the next Trustee meetings were scheduled for July 13, 2004 and July 27, 2004. Mayor Rand called for a motion to adjourn. On a motion made by Trustee Santon, and seconded by Trustee Feinstein, the meeting was adjourned at 10:45 p.m. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustees June 22,2004 Page 32