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HomeMy WebLinkAbout2010-07-13 - Board of Trustees Meeting Minutes Minutes Board of Trustees 7/13/2010 REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 13, 2010-7:30 P.M. 7:00 P.M.— Executive Session—License Agreements -- Water Rate Settlement ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: (1) Public Hearing to consider proposed amendment to Chapter 209 of the Village Code regarding jurisdiction over affordable housing approval (2) Public Hearing to consider proposed amendments to Chapter 235 of the Village Code regarding replanting of trees RESOLUTIONS: (1) Considering proposed amendments to Chapter 209 of the Village Code regarding jurisdiction over affordable housing approval (2) Considering proposed amendments to Chapter 235 of the Village Code regarding replanting of trees (3) Considering the acceptance of a defibrillator through a grant awarded by the TWIG of Westchester (4) Considering a Village contribution to the Columbus Day Celebration Committee and use of Hawthorne Avenue for the annual parade (5) Considering an application for the removal of a significant tree at 10 Lawridge Drive (6) Considering an application for the removal of a significant tree at 431 N. Ridge Street 1 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 (7) Considering a settlement of a petition for a water rate increase made by United Water Westchester to the NYS Public Service Commission (8) Considering a budget modification (9) Considering the approval of Minutes: April 13, 2010; May 11, 2010; May 25, 2010; June 8, 2010 ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: (1) Elm Hill Park Pathway (2) Ad Hoc Home Owners Association Committee BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michael Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Mayor Feinstein welcomed everyone to tonight's meeting and stated that with the Board's approval she would like to go out of order and start with Resolution#3 RESOLUTIONS: 2 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 (3) Considering the acceptance of a defibrillator through a grant awarded by the TWIG of Westchester Mr. Bradbury read the resolution: CONSIDERING THE ACCEPTANCE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR AND CABINET THROUGH A GRANT AWARDED BY TWIG OF WESTCHESTER WHEREAS, the Friends of Rye Brook has applied for and received a grant through the TWIG of Westchester; and WHEREAS, the TWIG of Westchester was incorporated in 2005 and their mission is to support the healthcare needs of the local community through advocacy, fundraising and hands-on volunteer efforts; and WHEREAS, the Friends of Rye Brook received through the grant an AED (Automated External Defibrillator) and cabinet worth approximately $3,000. NOW THEREFORE BE IT RESOLVED, the Village Board on behalf of the Friends of Rye Brook hereby accepts the AED and cabinet from the TWIG of Westchester in the approximate amount of$3,000. A motion was made by Trustee Brown and seconded by Trustee Rednick. Ms. Maureen Gomez, President of Twig of Westchester, presented the Automated External Defibrillator and cabinet to Ms. Rotfeld, Director of the Anthony J. Posillipo Senior Center. Mayor Feinstein expressed her appreciation to Ms. Gomez for all the work the TWIGS do and even with the closing of United Hospital, they are still able to help and play a big part in the villages and the Ambulance Corp. Ms. Rotfeld also expressed her appreciation to Ms. Gomez and to Scott Moore of the Ambulance Corp. In addition, Scott will be training her and her staff on the used of the Defibrillator. Mr. David Burke, Assistant to the Administrator, called the roll TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE PUBLIC HEARINGS: 3 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 (1) Public Hearing to consider proposed amendment to Chapter 209 of the Village Code regarding jurisdiction over affordable housing approval On a motion made by Trustee Rosenberg and seconded by Trustee Rednick, the Public Hearing was opened and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Bradbury explained that the proposed legislation was drafted that allows the Village Board to retain final approval authority over certain affordable housing issues. Mayor Feinstein added that this was not required to go before the Planning Board for discussion, but since they have been so proactive it was only fair to give them the opportunity to voice their concerns. The Planning Board was not in favor of this amendment because they believed it would delay the process instead of streamline it. They also believed that the Board of Trustees being involved would make it more political in nature and that was the basis of their recommendation to the Board. Mr. Ben Miloro of 43 Hillcrest Avenue addressed the Board stating he had watched the Planning Board meeting on TV where this topic was discussed. He acknowledged that Mr. Zuckerman, Chairman of the Planning Board, was very knowledgeable in discussing the topic. He asked if Mr. Larizza's house on Ellendale Avenue was being considered as part of the affordable housing required units. He is also concerned about where any people displaced from these projects will go. He is a resident of the lower end of Rye Brook and believes overcrowding is already a concern for residents as well as schools. Mayor Feinstein responded that any application will go through the complete planning process and while Mr. Larizza did come before the Board at one time, she has no further information or update on the site or the history of it. The Mayor further explained that there is no specific number of units that Rye Brook is mandated to have and Rye Brook presently has a total of 44 units located at BelleFair, Louis Court and Bowman Avenue. The Village is going to continue to be proactive and will be presenting to the public potential sites so that we can send a message to developers of appropriate sites that the Village has no pending applications at the present time. She concluded by assuring Mr. Miloro that all sites, North and South, would be considered. Ms. Phyllis Dickstein, Lincoln Avenue, addressed the Board and stated that she feels we are in a demographic warp and wonders why this is a Village of Rye Brook issue and not 4 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 a Town of Rye issue. She asked if a waiver was possible based on the notion that this has to be aggressively marketed outside the Village adding that schools are already overcrowded and southern Rye Brook is in the Port Chester school district. She believes it would make the most sense and would benefit the Town of Rye as a whole if the affordable housing in Rye Brook would be largely earmarked for residents of Port Chester. Mr. Dean Santon, Hillandale Road, addressed the Board and stated this is a land use matter and agrees that the final approval authority should be the responsibility of and remain with the Board of Trustees. This Board sets policy, legislates and sets zoning code so it makes sense that final authority remain here. A Planning Board member could be just as political as anyone on this board and does not believe that was a fair argument for them to use. This Board has all the resources to evaluate any land use matter. He added that there are all forms of affordable housing and it is an art within itself and will be limited to a few developers with that expertise. Trustee Rosenberg thanked the Planning Board for giving us a detailed report and recommendation. He expressed that the Board of Trustees are the ones that are accountable to the voters and believes this is a political issue and a highly charged issue as well. The Planning Board will still play a big part in this but feels that the final approval authority should remain here. Trustee Rednick agrees that the Planning Board made a lot of good points in their recommendation but also feels that this is a very emotional issue and the residents are going to be looking to the elected officials for accountability. Trustee Marrow watched the Planning Board meeting and appreciates the input they gave in the report but also believes that the Board of Trustees is accountable to the voters and the final authority should lie here along with the input of the Planning Board. Mayor Feinstein thanked the Planning Board and respectfully disagrees with their recommendation. The process will not be slowed down in her opinion and while she understands their concerns and while the Zoning and Planning Board members do take land use courses as part of their training, this board also stays current on those issues. On a motion made by Trustee Rednick and seconded by Trustee Marrow, the Public Hearing was closed. TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE RESOLUTIONS: 5 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 (1) Considering proposed amendments to Chapter 209 of the Village Code regarding jurisdiction over affordable housing approval Mr. Bradbury read the resolution: CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING JURISDICTION OVER AFFORDABLE HOUSING APPROVAL WHEREAS, the Board of Trustees proposed a local law amending Chapter 209 of the Village of Rye Brook Village Code regarding jurisdiction over affordable housing approval; and WHEREAS, on July 13, 2010 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on July 13, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 209 of the Village of Rye Brook Village Code regarding jurisdiction over affordable housing approval. On a motion made by Trustee Rednick and seconded by Trustee Brown, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (2) Public Hearing to consider proposed amendments to Chapter 235 of the Village Code regarding replanting of trees On a motion made by Trustee Brown and seconded by Trustee Rednick, the Public Hearing was opened and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mayor Feinstein explained that this was to add more definiteness to the Village Code regarding replanting of trees. There being no questions or comments, Mayor Feinstein 6 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 called for a motion to close the Public Hearing and on a motion made by Trustee Rednick and seconded by Trustee Brown, the Public Hearing was closed and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (2) Considering proposed amendments to Chapter 235 of the Village Code regarding replanting of trees Mr. Bradbury read the resolution: CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 235 OF THE VILLAGE CODE REGARDING REPLANTING OF TREES WHEREAS, the Board of Trustees proposed a local law amending Chapter 235 of the Village of Rye Brook Village Code regarding replanting of trees; and WHEREAS, on July 13, 2010 the Board of Trustees opened a public hearing on the subject Local Law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on July 13, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves a local law amending Chapter 235 of the Village of Rye Brook Village Code regarding replanting of trees. On a motion made by Trustee Rosenberg and seconded by Trustee Marrow, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (4) Considering a Village contribution to the Columbus Day Celebration Committee and use of Hawthorne Avenue for the annual parade Mr. Bradbury read the resolution: CONSIDERING A VILLAGE CONTRIBUTION TO THE 7 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE WHEREAS, the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Celebration Committee. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves that $800.00 be provided to the Columbus Day Celebration Committee for its annual Columbus Day Parade; and it is FURTHER RESOLVED, that the Columbus Day Celebration Committee may use Hawthorne Avenue on Sunday, October 10, 2010 (rain date October 17, 20 10) for the Columbus Day Parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Mayor Feinstein explained that this is a customary request for the Columbus Day Celebration and while the committee had requested an increase in the amount, it is not possible to do so at this time. Trustee Rosenberg stated that we are approached frequently by private organizations to help fund their celebrations and the fact of the matter is we are in hard economic times and we scrimped and scraped through each line item during the budget process. He believes we might be taking away from other things that are more important than the Columbus Day Parade. He is also not happy that we are giving them money and yet they can't send someone here to accept it. These are tough times and this is taxpayer money and we are funding private parties and parades and questions whether we give this money away in dire economic times. Mayor Feinstein disagreed and stated there are certain traditions that are held as a community and this is one of them. She believes this is not a private venture and this is an event where the community comes together and the people that participate are not strangers — they are boy scouts and girl scouts and she believes this is a permissible expense. Trustee Brown agrees that someone should have been here to present their cause in the same way the Independence Day committee does. It would be nice to have someone here to answer any questions we might have and to not assume that we are just going to hand over the money and if nothing else, to thank the Village for their contribution. On a motion made by Trustee Rednick and seconded by Trustee Brown, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG NAY MAYOR FEINSTEIN AYE 8 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 (5) Considering an application for the removal of a significant tree at 10 Lawridge Drive Mr. Bradbury read the resolution: CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 10 LAWRIDGE DRIVE WHEREAS, Joseph Biondo the owner of 10 Lawridge Drive, Rye Brook applied for a Tree Removal Permit for a forty (40) inch diameter, fifty (50) foot high Silver Maple Significant Tree at said property on June 1, 2010; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, a forty (40) inch diameter, fifty (50) foot high Silver Maple on said property is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves the Tree Removal Permit application made by Joseph Biondo for a forty (40) inch diameter, fifty (50) foot high Silver Maple Significant Tree[; and be it FURTHER RESOLVED, the Village of Rye Brook hereby requires the replanting of three (3) trees according to the tree replacement plan dated July 9, 2010. Mr. Joseph Biondo, applicant and resident of 10 Lawridge Drive, addressed the Board and explained that an Arborist had been called in to evaluate the tree and advised him that the tree is in danger of falling due to a split down the middle of the tree and advised the Board that he has no problem with replanting. Mr. Mike Nowak, Acting Village Engineer, agrees the tree should be removed. A field evaluation showed there is a split in the middle of the trunk adding that silver maples are fast growing trees which makes them weak wooded. Cabling that tree would not eliminate the hazard of the split because the split has already occurred and eventually internal rot would occur. The homeowner had agreed to a replanting plan of 3 new trees in both the rear and front yard as both have ample space. Mayor Feinstein is happy that he will be putting a tree in the front yard as well as the back because it enhances the streetscape. There being no further questions or comments, Mayor Feinstein called for a motion and on a motion made by Trustee Rosenberg and seconded by Trustee Rednick the resolution was adopted and Mr. Burke called the roll: 9 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Trustee Rosenberg made a motion to modify the resolution to include the replanting plan as submitted to Village of Rye Brook and Trustee Brown seconded the motion. TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (6) Considering an application for the removal of a significant tree at 431 N. Ridge Street Mr. Bradbury read the resolution: CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 431 NORTH RIDGE STREET WHEREAS, Barbara Schori a representative for the school property at 431 North Ridge Street, Rye Brook applied for a Tree Removal Permit for a thirty-three (33) inch diameter, sixty (60) foot high Red Oak Significant Tree at said property on June 1, 2010; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, a thirty-three (33) inch diameter, sixty (60) foot high Red Oak on said property is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves the Tree Removal Permit application made by Barbara Schori for a thirty-three (33) inch diameter, sixty (60) foot high Red Oak Significant Tree; and be it FURTHER RESOLVED, the Village of Rye Brook Board of Trustees hereby accepts the payment of $250 to the Village Street Tree fund in lieu of replanting in accordance with Section 235 of the Village Code 10 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 Mr. Jason Merdoff of the Ridge Street Country Day School and Mr. Charles Seymour of Emerald Tree addressed the Board. The basis of the application is the school has a very large tree in the driveway that needs to come down. It is directly in the middle of the parking lot where kids are dropped off by their parents. The roots of the tree are under the pavement and next to electrical wires. Mr. Seymour advised the Board that a resistor graph test was done and shows the wood is weak on the inside of the tree making it softer and weaker. Mr. Nowak confirmed that the test was performed and the results were submitted. The internal wood is significantly decayed and hollows are present in the tree. There is a decay fungi which is indicative of root rot and 95 percent of the roots are under asphalt and with the lack of rain it is in a more weakened state. Mayor Feinstein added that she did do a site visit and agrees that the tree is dangerous for the kids as it is right in the middle of the parking lot where parents drop off their kids and it is not an attractive tree either. As for the request to make a donation to the tree fund, she would be in agreement with that as there are other trees in the playground area and along the back where the Hutchinson River Parkway is located. Mr. Bradbury added that in regard to the local law voted on tonight, as it is not adopted yet this application would have to go under the old law which means two trees or $250.00 Trustee Marrow made a motion to approve the application and accept the donation to the tree fund. Trustee Rednick seconded the motion. Mr. Dean Santon, Hillandale Road, addressed the Board and stated that this property is almost an acre in size and in his opinion, replanting is always more favorable then a donation. Trustee Rosenberg asked how we came to the donation amount. Mr. Bradbury responded that size and species do vary and the range in pricing varied between $125 to $275. He added that those were prices that the Village pays through competitive quoting and that a resident would not be able to pay those prices. Trustee Brown respects Mr. Santon's comments and asked Mr. Nowak if there was room for replanting at the site. Mr. Nowak responded that he did walk the parking area and the south side play area which is heavily wooded with large trees — 24 inches or greater— swing sets, slides and children's items in the playground area. He informed them of the requirements of replanting and that a plan be submitted but yesterday he was informed that an email was sent requesting a donation instead. Mr. Bradbury reminded the Board it is up to the Board to determine if there is a lack of planting space on the property- it is not up to the applicant. 11 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 There being no further questions or comments, Mr. Burke called the roll adopting the resolution: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (8) Considering a budget modification Mr. Bradbury read the resolution: CONSIDERING A BUDGET MODIFICATION RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.2200.200 101.7000.510 $17,000 (Recreation Revenue) (Estimated Revenue) 101.7000.552 101.7140.471 $17,000 (Estimated Appropriations) (Recreation Dept. — Teen Travel Camp) Mr. Bradbury explained that the reason for this modification was the camp has more kids then normal which require larger buses and more tickets. There is an increase in revenue but also in expenditures. On a motion made by Trustee Rosenberg and seconded by Trustee Marrow, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (9) Considering the approval of Minutes: April 13, 2010; May 11, 2010; May 25, 2010; June 8, 2010 Tonight the Board will only vote on the minutes of 4/13 and 5/11 and the vote will be subject to amendment. 12 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 On a motion made by Trustee Rednick and seconded by Trustee Rosenberg, the minutes were adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mayor Feinstein asked Chief Austin to come to the podium. She acknowledged that this is the one year anniversary of the homicide that took place at the Rye Town Hilton and this week there was the arrest of 4 individuals under the auspices of Chief Austin, Sgt Wilson, Detective Goralick and Detective Dengler. She attended the press conference and our department was praised for their hard work and excellent police work. Mayor Feinstein thanked Chief Austin and his department for a job well done. Chief Austin responded that this was a brutal crime and something we have never seen in Rye Brook or even his career. The victim was a successful convention planner and at the time of the convention, the Hilton was beyond capacity. The 28 person Police Department had to manage a very difficult crime scene but Sgt. Wilson came in and took control of the scene and never let go and still hasn't. He made mention of everyone involved, Sgt. Mitchell, Police Officer Neil Moore, Police Officer Mark Rampola, Sgt. Wilson, Detective Goralick, Sgt. Arnold, Police Officer Luigi Greco, Sgt. Davison, Police Officer Nolte and Police Officer Tudor. Officers came in and stayed and some worked 36 hours straight during the initial investigation. He acknowledged the department had help from the District Attorney's office including veteran police officers who lent their expertise as well as multiple individuals from the Assistant District Attorney's office and the US Attorney's office. District Attorney Janet DeFiore had no qualms handing this off to the US Attorney's office to make sure that the guilty parties were brought to justice. Four people have been indicted at this point but that does not mean this is over. Now they are beginning the trial phase and there is still a lot of work to be done. He is very proud of his department as this was no small feat. This was a big time crime solved by a small police department and he also thanked the Hilton for all their assistance as they were very instrumental in solving this case as well. ADMINISTRATOR'S REPORT: Coyotes — the Village remains concerned by behavior of City of Rye coyotes and acknowledged that we know they are not going away. Information is being updated on the web site for the residents to educate themselves on what to do if they encounter a coyote. The Village is tracking the areas of sightings and posting it on our website. Since June 27t"there have been 48 sightings reported to the Police Department. It is not hunting season so trapping requires a license from the DEC which we now have. The Village has had discussion with the same trapper being used in Rye. 13 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 Mayor Feinstein acknowledged there have been more sightings and residents have been calling in. She also addressed a quote about her seeing a coyote in her driveway and wants to clarify that it was two years ago—the point being—they have always been here. Backflow Prevention Devices — the Village was made aware of a series of backflow devices that were never approved by the Health Department. This really does not involve the Village because we don't issue permits for them, but we do want to help the residents. The areas are largely BelleFair and Red Roof and some threatening letters were sent regarding turning off the water. It is a complicated issue and we have been trying to take a lead roll by getting the parties together to work out a resolution. We have received assurance that no ones water will be shut off and no violations will be issued as long as progress is being made. Missing files are hindering the progress but a lot of people are working on it and we are confident there will be a good resolution. Mayor Feinstein thanked Mr. Bradbury for his work and in return, Mr. Bradbury thanked Building Inspector Mike Izzo and Acting Village Engineer, Mike Nowak for their assistance as well. Highway is currently doing curbing right now. Ridge Street is going well — striping was done Sunday night and the residents were notified by an email blast. Betsy Brown is where the road shift is happening and all the utilities have to get in place and then you will see the curbing and the sidewalks. OLD BUSINESS: Mayor Feinstein asked if there was any update in regard to the Arbors. Mr. Ed Beane, Village Attorney, responded that there was no update as of yet and that he was reaching out to Tony Gioffre and Jim Ryan of John Meyer Associates who performed a whole new survey of the entire site. Process was supposed to take 3 weeks to finalize but it has been much longer then that. The survey revealed that only 4 lots were completely legal — the rest all had encroachments in one way or another. DISCUSSION ITEMS: (1) Elm Hill Park Pathway Mr. Bradbury stated that the Mayor and Trustee Brown had raised the issue of considering a pathway in Elm Hill Park. Back in 2002, the focus was the entrance — a simple pathway — simple blacktop and some type of walkway. FP Clark did a rendering, spoke to some residents in that area and it was not universally supported by the residents because parking was a concern on Elm Hill Drive and they preferred to keep the entrance on Betsy Brown. After that it stalled because the residents did not seem to support it. Now it has come up again and some encroachments have been removed. An entrance from Elm Hill might be good for the campers as well. 14 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 Trustee Brown stated he had been approached and thought it was worth looking into. Times change and maybe there is a use/need for it. He stated that it is messy back there and yet he is aware that there are homes that will be affected, it is dark at night and kids can congregate and while there is a lot to consider, he believes it is worth exploring and getting some feedback from the residents and added that the Village might want to clean it up anyway. Mayor Feinstein has no problem in exploring it and would like to have a discussion with the residents. She also has same concerns in regard to parking and lighting that would need to be addressed. Trustee Dean Santon, Hillandale Road, wanted to clarify that under Mayor Filipowski there was money budgeted for this project. A survey was done and the topic of encroachments came up but by the time the survey work was complete a new Board was coming in. Notices were delivered to the residents regarding the encroachments and litigation ensued but basically the pathway took a back seat to the encroachments. He noted that the camp kids go through there now as messy as it is. It was the first dedicated park in the Village of Rye Brook and he believes deserves to have some use to the people of Rye Brook and suggested a simple path by the Parks Department made up of wood chips or asphalt. He added that the only people that ever objected were the abutting property owners and believes there would be a favorable response if you approach more people. It is an acre and a half of park land and should be made accessible. Mayor Feinstein would like this put on a future agenda and would like to hear what the public has to say. (2) Ad Hoc Home Owners Association Committee Trustee Rednick brought this up for discussion as he was approached by a lot of people during his campaign to form a committee with a representative from each of the Homeowners Associations and a representative from the Village. The idea was to meet and discuss what their concerns are and work together to resolve any issues that might arise. Mayor Feinstein responded that representatives from the Home Owners Association used to meet on a regular basis and that it had stopped for a while but was reinstated a year and a half to two years ago. This includes the Arbors, BelleFair, Talcott Woods and those meetings take place to discuss areas of concern. There is a mechanism in place and she can reach out and see if it is still active. She would not impose a Village representative as part of the group because they know they can reach out to the village when needed. Mr. Peter Pitocco of 283 North Ridge Street addressed the Board and wants to discuss the North Ridge Street part of the project that is taking place because it has destroyed his property by taking out the curbing in front of his house. He explained that he needs enough of a lip on the curb to stop water from coming in to his property. He was assured 15 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 that would happen and it didn't. He gave the board a CD with all the documentation and pictures needed. He installed his own curb and while he acknowledges he shouldn't have, he needed to stop the water from coming down to his house. He spoke with the County and advised them of his concerns and they promised to help. They made a small berm which saved him with the heavy rain today but he believes the patch won't last and then it won't be the County's problem, it will be Rye Brook's problem. There is a big enough berm to prevent water from coming down the driveway but because they made the curb cut too big, the water is going around and down now. He has major concerns with the patch and the fact that it is not going to hold. He started getting water in 2003 after the County decided to repave for the third time without milling back the road. He has been waiting for this project to resolve the issue but his worst fears have happened and nothing is being resolved. Mr. Nowak responded that even though this project is being handled by the County, he is encouraging the residents who are having issues to get in touch with the village so that the issues can be addressed before the contractor is gone and the project is complete. Mr. Pitocco added that south of Argyle Road there is nice topsoil and no weeds —then he asked the Board to look at the pictures of his lawn. The front of his yard is nothing but weeds. There was no topsoil in the front of his house or the three houses around him and that what they put down was more rock then grass. He asked the Village if he could get the same topsoil as the south end. Mr. Pitocco thanked Mr. Nowak and told the Board that he has been a big help and an asset to the Village. Ms. Alison Thresher addressed the Board looking for help with the speeding and lack of enforcement of it in the Village of Rye Brook but particularly in Crawford Park. She has had a discussion with Chief Austin and he had advised here that the road leading into Crawford is more of a road then a driveway — it has a lot of blind curves and with the summer camps, a lot more drivers coming in and out. Ms. Thresher says that after the parents drop off the kids, they drive too fast down the hill to the exit. Mayor Feinstein explained that the Village has no jurisdiction in regard to Crawford Park but that speeding and cell phones usage while driving are a major concern of this Board. Chief Austin explained that the Village can enforce under the town code but the speed limit is set by the town and it is currently 15 mph through the park. The signs posted, however, are 5 mph which is not a reasonable speed for multiple reasons. He said that while it is more of a road, it is technically a driveway and he would not have the officer write a ticket and he believes the proper way to address the problem is more speed bumps or bollards. It is a driveway — it has no pavement markings and no curbing and it is not appropriate for us to do speed enforcement on that particular road. An officer would stop them— advise them they were speeding but not ticket. He has had conversations with the town on other topics as well, such as parking on both sides of the road hampering emergency vehicles. There needs to be a master plan to address the parking and the road. 16 of 17 Board of Trustees Minutes 7/13/2010 Minutes Board of Trustees 7/13/2010 Mr. Dean Santon added that while we are all part of the same community there are different municipal entities involved. He believes the Town of Rye should step up and address the issue and run Crawford Park properly. Mayor Feinstein called for a motion to adjourn and on a motion made by Trustee Rednick and seconded by Trustee Rosenberg, the meeting was adjourned at 10:18 pm. 17 of 17 Board of Trustees Minutes 7/13/2010