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HomeMy WebLinkAbout2009-06-23 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 23, 2009-7:30 P.M. AGENDA 7:00 PM– Executive Session– Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: (1)Public Hearing to consider a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding parking violations RESOLUTIONS: (1) Considering a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding parking violations (2) Considering an application for the removal of a Significant Tree at 11 Country Ridge Drive (3) Considering the Award of Contract 09-08: Control Upgrades to Village Sewage Lift Stations (4) Considering the authorization of funds for a proposal by Keane and Beane, P.C. and Frederick P. Clark Associates, Inc. for the preparation of a Recreation Zone Study (5) Granting extension of subdivision and site plan approval for 11 Beechwood Boulevard, Section 1, Block 10, Lot 6A, on the tax assessment map of the Village of Rye Brook Board of Trustees Meeting June 23,2009 Page 1 (6) Considering support of the Lowey-Engel-Hall Amendment to the FAA Reauthorization Act (7) Considering the approval of minutes—May 12, 2009; May 26, 2009 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS: (1) Considering the role of and appointments to the Advisory Council on Environmental Conservation DISCUSSION ITEMS: (1) Update on various subdivisions at 11 Beechwood Boulevard, 61 Hillandale Road, 16 West Street, etc. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: July 14 and July 28, 2009 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Dean P. Santon Absent: Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Nicholas Ward-Willis, Esq., Village Counsel Michel Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting June 23,2009 Page 2 Mayor Joan L. Feinstein called the meeting to order. She noted that Trustee Patricia Sanders Romano was excused from the meeting as she was travelling, and Trustee Paul Rosenberg, who was also excused, was ill. She called for the first matter on the agenda: PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PARKING VIOLATIONS On a motion made by Trustee Michael Brown, and seconded by Trustee Dean Santon, the public hearing was declared open. Mr. Bradbury noted that this new section of the code addresses parking violations. All parking violations will now be listed in the license and fee schedule, which is reviewed annually. Mayor Feinstein called for members of the public wishing to address this matter. There being no one, she turned to the Board of Trustees for comments and questions. A motion was made by Trustee Brown, and seconded by Trustee Santon, to close the public hearing. Mr. David Burke, Assistant to the Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the resolution on this matter: RESOLUTIONS: 1) CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PARKING VIOLATIONS Mr. Bradbury read the following resolution: Board of Trustees Meeting June 23,2009 Page 3 RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE PARKING VIOLATIONS WHEREAS, the Board of Trustees is considering amendments to Chapter 240 of the Code of the Village of Rye Brook regarding parking violations; and WHEREAS, on June 23, 2009 the Board of Trustees opened a public hearing on the subject Local Law, 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 June 23, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 240 of the Code as proposed regarding parking violations. There was no additional discussion on this issue. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein moved to the next item on the agenda: 2) CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 11 COUNTRY RIDGE DRIVE Mr. Bradbury read the following resolution: Board of Trustees Meeting June 23,2009 Page 4 RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 11 COUNTRY RIDGE DRIVE WHEREAS, the owner of 11 Country Ridge Drive, JTMD Realty, Rye Brook has applied for a Tree Removal Permit of a forty-three inch, fifty foot Silver Maple Significant Tree at said premises; and WHEREAS, the owner has complied with section 235 of the Village of Rye Brook Village Code requiring mail Notification as stated in section 250-40. NOW THEREFORE BE IT RESOLVED, a Tree Removal Permit is hereby granted for the removal of a forty-three inch, fifty foot Silver Maple Significant Tree at 11 Country Ridge Drive. BE IT FURTHER RESOLVED that three (3) trees shall be installed on the property, near the patio area, including a Sugar Maple and a Red Maple at a minimum of 3", and Flowering Dogwood at a minimum of 2-2 '/z" to be planted by October 31, 2009. On a motion made by Trustee Brown, and seconded by Trustee Santon, the matter was opened for discussion. Mayor Feinstein called upon the applicant for a presentation. She noted that with only three (3) members of the Board in attendance and he would need all three yes votes in order for the tree removal permit to be granted. She ask if he preferred to have the matter adjourned to the next meeting or move forward and make his presentation. Mr. Paladino chose to address the Board. Mr. Paladino noted that he wanted to move forward because the tree is a safety issue. He stated that he started this process in late April and the process has changed and evolved over time. His neighbors are aware of his intention to remove the tree, and no one has expressed concern to him. The tree is considered a hazard because of its condition and proximity to the applicant's home. Mr. Paladino stated that he retained the services of a tree service company. An inspection was made and a report was submitted to the Village. In Board of Trustees Meeting June 23,2009 Page 5 addition, Michal Nowak, Acting Village Engineer, has inspected the property and the tree and he agreed with the findings of the Arborists. The applicant presented the Board with photographs of the tree and his property. He noted that there is a hole in one of the leaders in the tree that extends 30" deep. This tree towers over the house and is currently cabled together. This creates a real safety concern. Mayor Feinstein noted that this is a beautiful tree. She felt that removing the tree will change the character of the area. She asked the applicant if he was open to replanting two (2) or three (3) trees to replace the one being removed. The applicant stated that the new trees would have to be planted elsewhere on the property, beyond the patio. Mr. Nowak agreed with the Mayor, noting that tree replanting should be accomplished in the future. The Village's Code covers the timeframe for replanting and the caliper of trees to be planted. Mr. Bradbury stated that the Village did receive one letter from a neighbor who was concerned about the view. It was this individual's hope that the tree could be saved. Mr. Michal Nowak, Acting Village Engineer, noted that there is a leader that has decay and removal of that leader would cause an 18" diameter wound that the tree would have a hard time recovering from. There is additional decay within the trunk, about 3" up from the flare that will cause a structural issue within the tree. It is a large tree with a large canopy and removing one leader would cause the tree to become unbalanced. The tree is approximately 16 feet from the home and it is about 50 feet at its peak. There is significant rot in one of the leaders, and another one of the leaders has started to rot inside. Trustee Brown noted that the tree is endangering the property and should come down. He also agreed that if the applicant is given permission to remove the tree, he should be required to do planting elsewhere on the property. Trustee Dean Santon noted that this is a beautiful tree. There are three (3) main leaders. A tree by a house doesn't mean that it should be removed, however, in this instance a reputable arborist has supplied a letter regarding the decay and the need for this tree to be removed. No one knows exactly what will happen if you take down one leader. The tree may not be able to compensate for the loss of the leader in a severe storm. Trustee Santon stated that this is a judgment call. He asked what the applicant planned to plant in place of this tree. Board of Trustees Meeting June 23,2009 Page 6 Mr. Paladino noted that he was willing to plant something like Maple or Oak trees. Trustee Santon felt that the applicant should be required to plant multiple trees. He stated that whatever is planted should help in screening the house over time. Mr. Paladino noted that removing this tree is no small job. He stated that he would consider planting a Flowering Cherry or Flowering Pear in the area that the tree will be removed from. Most trees need direct sunlight, which limits where on his property the trees can be planted. Mr. Nowak stated that he would work with the applicant. He suggested two hard wood trees and one flowering tree such as Oak and Red Maple or Sugar Maple. It was noted that Maples are faster growing trees then the Oaks. Mr. Nowak also gave the applicant other suggestions for flowering trees to be considered such as a Dogwood, Red Bud, and Lilac. Mr. and Mrs. Paladino noted that they would like to make a trip to a Nursery to look at the trees and decide upon the species that would be planted on their property. Mrs. Paladino stated that she was not familiar with the trees that Trustee Santon and Mr. Nowak were naming. Mayor Feinstein stated that this was understandable, and the Board of Trustees would have the ability to approve what was going in. Trustee Santon felt that it was better to know what was going in before granting the approval to remove the existing tree. Trustee Brown suggested that a planting program be worked up between the applicant, the Village, and the arborist. The applicant should then present the decision to the Board. The Board could give the approval to remove the tree conditioned on the planting of three (3) new trees. Trustee Santon suggested that the matter be adjourned to the next meeting in order to allow the applicant time to decide upon the trees to be replanted, where they should be planted, and when the planting will occur. The consensus of the Board was to approve the request to remove the tree conditioned on replanting a Sugar Maple, a Red Maple, and a Flowering Dogwood. The applicant stated that he was willing to replant three (3) trees. Mr. Nowak noted that the Code calls for trees in the 2 /z" to 3" range. He will work out planting placement in the field with the applicant, with the replanting to take place in the rear yard. He also noted that it is better to plant in September/October. Mr. Burke, called the roll, as amended: Board of Trustees Meeting June 23,2009 Page 7 Trustee Michael S. Brown Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 3) CONSIDERING THE AWARD OF CONTRACT 09-08: CONTROL UPGRADES TO VILLAGE SEWAGE LIFT STATIONS Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT#09-08: CONTROL UPGRADES TO VILLAGE SEWAGE LIFT STATIONS WHEREAS, the Village of Rye Brook has solicited bids for Contract 09-08: "Control upgrades to Village sewage lift stations;" and WHEREAS, public notice was duty advertised in the official newspaper of the Village of Rye Brook on May 23, 2009; and WHEREAS, on Wednesday, May 28"' 2009 at 10:30 a.m., all bids received were opened as summarized below: BIDDER TOTAL BID BID BOND Richard Hansen Electric Corp. $52,350.00 Yes; and WHEREAS, upon review of the bid, the Acting Village Engineer determined that Richard Hansen Electric Corp. of Port Chester New York submitted the lowest bid meeting the requirements of the contract. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby awards Contract #09-08: "Control Upgrades to Village Sewage Lift Stations" to Richard Hansen Electric Corp. of Port Chester New York, for the total bid price of$52,350.00; and be it FURTHER RESOLVED, funding for said project will be paid for through bond financing; and be it Board of Trustees Meeting June 23,2009 Page 8 FURTHER RESOLED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Michael Brown, and seconded by Trustee Dean Santon, the resolution was adopted. Mr. Bradbury noted that there was only one bid but the dollar amounts are reasonable. There have been problems with the sewage lift station. If the sewage overflows it goes into the drainage system. The Village has been experiencing problems with the station near BelleFair and the one near Village Hall. The replacement system has much better technology. A repairperson has been called in several times and repairs have been made but this issue needs to be addressed right away. There is a risk in waiting longer. Mr. Bradbury noted that a few weeks ago the Highway Department was checking the systems every three hours, all night long, to make sure that it was functioning properly. Mr. Nowak noted he reviewed the bid and found that the cost of the panels were relatively competitive. There are dual operating systems in the panel that has been proposed. Mr. Bradbury noted that the current system consists of a big tank and there are panels inside the tanks. There are a series of old fashion floats that are triggered as sewage rises. If the panel goes out there is no warning of any problems and sewage may overflow. About seven (7) years ago the sewage overflowed at BelleFair and went into the drainage system. The Department of Health had to be called in. No one wants an incident like that to happen again. The new system does away with the float system. The panels are in operation 24 hours per day, seven days a week. The lifespan of this new system is about 15 years. Mr. Nowak noted that it would probably take a month to a month and a half for installation. Each of the pump stations' pumps are different sizes, but the pump panels stay the same. Trustee Brown asked if this was part of another upgrade that will need to be done next year. Mr. Bradbury noted that there are three pumps for each of the pump stations. The third pump is a spare. At the moment, there is no intention to update the pumps. Board of Trustees Meeting June 23,2009 Page 9 Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING THE AUTHORIZATION OF FUNDS FOR A PROPOSAL BY KEANE AND BEANE, P.C. AND FREDERICK P. CLARK ASSOCIATES, INC. FOR THE PREPARATION OF A RECREATION ZONE STUDY Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR A PROPOSAL BY KEANE AND BEANE, P.C. AND FREDERICK P. CLARK ASSOCIATES, INC. FOR A RECREATION ZONE STUDY WHEREAS, The Board of Trustees of the Village of Rye Brook requested proposals from Keane & Beane, P.C. and Frederick P. Clark Associates, Inc. for a Recreation Zone Study; and WHEREAS, the purpose of this study is (a) to examine the legal analysis of applicable zoning classifications of open space, (b) Identification of Village Owned Open Spaces and Parks, (c) Identification of Potential Open Space Parcels, or Large Undeveloped Tracts of Privately Owned Land, and (d) Drafting of legislation to enact any amendments to the zoning ordinance; and WHEREAS, Keane & Beane, P.C. has proposed the projected cost of fourteen thousand eight hundred and fifty dollars ($14,850) for the completion of their portion of the study; and WHEREAS, Frederick P. Clark Associates, Inc. has proposed the projected cost of six thousand ($6,000) plus expenses for their portion of the study. Board of Trustees Meeting June 23,2009 Page 10 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the expenditure of funds to Keane & Beane, P.C. and Frederick P. Clark Associates, Inc., to be paid out of the Village 2009-10 Contingency Account, to accomplish the purpose of this resolution. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was adopted. Mayor Feinstein noted that a concern was raised and a committee met to discuss this project. The Board felt that recreation areas and open space are very important. The Village will now review all open spaces such as Crawford Park and the Blind Brook Club. This was going to be part of a comprehensive plan, but the economy does not warrant spending that type of money at this time involving the comprehensive plan. Trustee Santon noted that years ago the Village received a quote from F.P. Clark & Associates and the amount is still the same six years later. This is an important issue and the large recreation areas within the Village need to be evaluated. Other municipalities have seen the effect of not addressing this matter when country clubs have been sold and housing developments are erected. The loss of green space affects everyone. He suggested adding an amount "not to exceed" and reasonable out-of-pocket expenses to the proposal. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein asked for a timeframe for this study. Mr. Nicholas Ward- Willis noted that something should be presented to the Village in September. Board of Trustees Meeting June 23,2009 Page 11 5) GRANTING EXTENSION OF SUBDIVISION AND SITE PLAN APPROVAL FOR 11 BEECHWOOD BOULEVARD, SECTION 1, BLOCK 10, LOT 6A, ON THE TAX ASSESSMENT MAP OF THE VILLAGE OF RYE BROOK Mayor Feinstein noted that this matter, on the advice of counsel, has been withdrawn. 6) CONSIDERING SUPPORT OF THE LOWEY-ENGEL-HALL AMENDMENT TO THE FAA REAUTHORIZATION ACT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING SUPPORT FOR THE LOWEY-ENGEL-HALL AMENDMENT TO THE FAA REAUTHORIZATION ACT WHEREAS, the Westchester County Airport is a vital gateway for commercial and business aircraft into and out of the New York Metropolitan Area; and WHEREAS, Westchester County, along with the FAA and its commercial carriers, has imposed limits on terminal capacity to an average of four flights and 240 passengers per half hour; and WHEREAS, with business and corporate jets compromise nearly fifty percent of the estimated 167,000 take offs and landings a the airport this year, the agreed upon guidelines and voluntary flight restrictions have not been fully honored; and WHEREAS, the Lowey-Engel-Hall amendment to the FAA Reauthorization act would direct the FAA to initiate a rulemaking process to determine the authorization of Westchester County Airport to reinstate flight restrictions between the hours of midnight and 6:30 am. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby supports the Lowey-Engel- Hall amendment to H.R. 915, the FAA Reauthorization Act of 2009. Board of Trustees Meeting June 23,2009 Page 12 On a motion made by Trustee Brown, and seconded by Trustee Santon, the resolution was adopted. Mayor Feinstein noted that this resolution was self-explanatory. Anything that can be done to reinstate the flight restrictions is a positive. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 7) CONSIDERING THE APPROVAL OF MINUTES — MAY 12, 2009; MAY 26, 2009 Mayor Feinstein asked that approval of the May 26th summary be held over for additional review. The May 12th summary was also adjourned to the next meeting when all Board members would be in attendance. ADMINISTRATOR'S REPORT: Mr. Bradbury thanked Mr. Nowak for his hard work on the lift stations. It was a lot of work, with a quick turnaround. Mr. Bradbury gave the Board a few updates. He began with a brief presentation on the meeting held by the Westchester County Committee on the Environment. This Committee discussed and approved the Sluice Gate Application, and the application has now been moved to the Budget Committee. Assuming it passes before the Budget Committee, then it will go before the Board of Legislators. Mr. Bradbury gave an overview of the Edgewood Basin. It is currently out to bid. He was pleased to note that the State has approved a revised timetable which gives the Village additional time to do the submission of funding to be put in at the right time. The end of September deadline has been extended to May 31, 2010. The plantings will be installed at the right time. Information on this project can be found on the Village's website. Board of Trustees Meeting June 23,2009 Page 13 The Rye Brook Birthday Celebration was held on Saturday, June 20ffi. It was a success with a good turn out, even with the rain. He thanked the Recreation Committee, Village Staff, and all of the volunteers for the hard work that went into making this celebration a success. AAA Carting is in its third week as contractor for the Village. They still have some issues, but things are getting better. They are finding where everyone's garbage pails are, and things are getting better every week. The number of calls from residents experiencing problems has drastically declined. If anyone has any questions they should call the Public Works Department. The final issue discussed was that the Highway Department is busy doing clean ups and repairing potholes throughout the Village. They are taking care of some major work on Edgewood. OLD BUSINESS: Mayor Feinstein noted that the Village has a meeting with the New York State Department of Transportation has a meeting scheduled for Monday, June 1, 2009 to discuss King Street. She noted that she will be attending this meeting that will include the topic of the King Street Interchange. Mayor Feinstein stated that she will be meeting with Mayor Pilla and Supervisor Carvin to discuss the Co-Terminus Town/Village study. Rye Brook is hoping to obtain grant money to complete this study. The Towns of Rye and Mamaroneck will also be involved. NEW BUSINESS: 1) CONSIDERING THE ROLE OF AND APPOINTMENTS TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION Mayor Feinstein noted that this was a discussion among the Board of Trustee members. The Environmental Council has not yet been reconstituted. It was noted that Mr. Harvey Schiller, former chair, has resigned and that the passing of Ken Heller also meant the loss of a member. Both of these members possessed an incredible knowledge and level of professionalism. Now the task is to reconstitute this Board. Board of Trustees Meeting June 23,2009 Page 14 Trustee Santon noted that on November 28th a discussion was held regarding the different bodies of water within the Village. The residents need to be educated on the care of the watercourses in the Village. He felt that this would be a good project for the Environmental Council. The legislation and duties of the Environmental Council have been changed. It is now time for the Village Board to reach out to the previous members. There are other projects, such as beautification, that should be given to the Environmental Council. Mr. Bradbury encouraged the Board to consider Brook clean-up days. He agreed with Trustee Santon in that education is very important. Anyone interested in serving on this Board should contact Mr. Bradbury's office. DISCUSSION ITEMS: 1) UPDATE ON VARIOUS SUBDIVISIONS AT 11 BEECHWOOD BOULEVARD, 61 HILLANDALE ROAD, 16 WEST STREET, ETC. Trustee Santon noted that at the last meeting there was a discussion that surrounded the subdivision on Lincoln Avenue. He was concerned about the roll that the Board of Trustees played in the decisions made regarding this sub-division. He stated that in his opinion the Board has gotten involved inappropriately, regardless of the comments and decisions made by Village Counsel. It was his opinion that the decisions made regarding this property did not correct the problem as the subdivision still does not have approval nor does it have the required zoning variances. He also noted that a second subdivision located on West Street needs to be addressed. There is a small parcel of property, known as the common area, located in Rye Brook. This parcel has been sliced up into six separate parcels so that each of the units owns a piece of property in Rye Brook. The Tax Assessor has taken action and Jenna Way has been removed from the Village map. Now the Village's staff needs to interface with these residents since a portion of this property is part of the Village of Rye Brook. The map for this subdivision refers only to the Village of Port Chester and the Town of Rye. A third matter that he intended on discussing was the proposed subdivision located at 11 Beechwood, however, this matter has been withdrawn. From Board of Trustees Meeting June 23,2009 Page 15 a matter of procedure and jurisdiction, Trustee Santon stated that the Board of Trustees are going in the wrong direction. For two meetings in a row there were matters before the Board that they had no jurisdiction over. Mayor Feinstein noted that it is not the intention of the Board of Trustees to take over jurisdiction where it is not supposed to have it. She noted that the application for the Beechwood property was withdrawn for legal determinations. The Lincoln Avenue matter was corrected under the advise of Village Counsel. Trustee Santon noted that the Board of Trustees created a tax lot two weeks ago but the Board does not have the authority to create a tax lot. He could not understand how anyone could believe that this decision was correct. Mayor Feinstein noted that there was a difference of opinion. Sometimes things must be looked at in its totality. Mr. Nicholas Ward-Willis responded that this matter was examined on a number of occasions. Mr. Beane made a determination that the Board of Trustees did have the authority to take the action that it did. In doing so the Board was able to avoid a very expensive and lengthy potential litigation. Mayor Feinstein noted that sometimes things are not perfect, but the Board's determination made the Lincoln Avenue situation better than it was. Trustee Brown noted that there was a reasonable likelihood that there would be litigation, and there was also the likelihood of failing. The Board had to decide whether or not they were willing to take this risk. If the issue went to litigation, the Village would have been offered a settlement. The decision that the Board made avoided the litigation and moved directly to the settlement. This saved the taxpayers a good amount of money. Trustee Santon felt that the Village should not be afraid of litigation, and in fact there were many instances where the Village addressed lawsuits over the years. Mr. Ward-Willis noted that each case is unique and must be handled on its own merits. Mayor Feinstein stated that while Trustee Santon's feelings were understandable, the consensus of the Board was to move forward and take the recommendations made by Village Counsel. Trustee Santon noted since it was his opinion that the Board of Trustees did not have the right to make this decision, he would bring this matter up at every meeting until he received the answers that he was looking for. He felt that the Board of Trustees was condoning the creation of a parcel where it had no jurisdiction to do so. He stated that he did not like the direction that this Board was heading in. Board of Trustees Meeting June 23,2009 Page 16 Mayor Feinstein called for members of the public wishing to address the Board. Mr. Richard Abel addressed the Board. He felt that Rye Brook is very thorough in their decision making. The Village has two middle schools, two high schools and one elementary school in its boundaries. He read a resolution regarding substance abuse that the Village of Port Chester passed on February 5, 1990, noting that this matter was never addressed in the Village of Rye Brook. He asked that the Board look into this matter and pass a similar resolution. Mr. Bradbury stated that he would review this matter and report back to the Board of Trustees. Mayor Feinstein reminded everyone that all residents were invited to the July 4"' celebration to be held at Port Chester High School. The festivities will include a fireworks show. Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for July 14, 2009 and July 28, 2009. There being no additional business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Brown, and seconded by Trustee Santon, the meeting was adjourned at 9:40 p.m. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 23,2009 Page 17