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HomeMy WebLinkAbout2009-11-10 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 10, 2009-7:30 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1. Public Hearing to consider a proposed local law to amend establishing an amnesty program for work performed or completed without a permit RESOLUTIONS: 1. Considering a proposed local law establishing an amnesty program for work performed or completed without a permit 2. Authorizing use of Village streets for the Tamarack Tower Foundation Thanksgiving Day Turkey Trot 3. Considering a lease agreement from Business Electronics Inc. for a Voice Recording System for the Village Police Department 4. Considering the award of Contract 09-12: selected street tree pruning/removal services at various sites within the Village of Rye Brook right-of-way 5. Considering the award of Contract 09-16: Rye Hills Park Drainage Improvements 6. Considering the award of Contract 09-18: One Air-Flo Combination Dumb Body/Spreader 7. Considering Capital Budget modifications Board of Trustees Meeting November 10,2009 Page 1 of 21 8. Setting a Public Hearing on a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding stop signs 9. Considering an Inter-Municipal Agreement with Westchester County for Solid Waste and Recyclables for Refuse Disposal District#1 10.Considering the approval of minutes: August 25, 2009, September 15, 2009, October 13, 2009 ADMINISTRATOR'S REPORT OLD BUSINESS: 1) Update on various Arbors related land use matters. DISCUSSION ITEMS: 1) Status Of Recreation/Open Space Study And Formation Of A Committee To Make Recommendations To The Board Of Trustees 2) Dogs In Park 3) Policy On Field Closures ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING The Next Regular Trustees Meetings: November 24 and December 8, 2009 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Dean P. Santon Trustee Patricia Sanders Romano STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Gregory Austin, Chief of Police Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting November 10,2009 Page 2 of 21 Mayor Joan L. Feinstein welcomed everyone to the November 10, 2009 Regular Board of Trustees Meeting. She began the meeting with a continuation of a public hearing on the Amnesty Program. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW ESTABLISHING AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT Trustee Michael Brown noted this matter has been reviewed by the Board of Trustees. He felt that the residents of the P.U.D. should be afforded the same courtesy extended to the rest of the residents of the Village in the form of this amnesty program. He reminded everyone that the proposed legislation simply waives the administrative fee (the penalty). Mayor Feinstein agreed with Trustee Brown. Trustee Dean Santon asked for a review of the changes made to the proposed local law. Edward Beane, Esq., Village Counsel, noted that the major changes are located in Section 2. This Section was re-written to include P.U.D.s. He also noted that there are additional changes in Section 4; regarding the notification provision for small projects, as well as in Section 5, which adds the Village Board to the review process. Trustee Santon noted that he had no problem with removing the penalty, however, he wanted to be sure that there was no way that approval by the Architectural Review Board was interpreted as approval of the application. Trustee Santon noted that the Village has criteria such as setback requirements and rear yard restrictions which the P.U.D.s do not. He wanted to be sure that if a permit is issued that the applicant does not think that they will not need to modify the project if modification is deemed necessary. Mayor Feinstein noted that the administrative fee is being removed and the process is being slightly streamlined. This gives incentive to residents to come forward and legalize work done on their property under the Amnesty Program. Trustee Patricia Sanders Romano noted that she did feel that there should be a higher standard for P.U.D.s, but that it is not fair to punish the individual homeowners for omissions made by the Home Owners Association. She suggested a separate class for P.U.D.s. Board of Trustees Meeting November 10,2009 Page 3 of 21 Trustee Paul Rosenberg agreed that the homeowners should not be punished, but there should be some kind of repercussion. The Homeowners Association have people that know what they are doing; people who should have known that permits were needed for certain types of renovations. This matter is applicable for all P.U.D.s. He suggested that any H.O.A. sponsored applications receive only a 50% waiver of the administrative fees. Mr. Beane felt that the wording in the proposed local law is very clear. The Amnesty Program does not give license to avoid a substantive requirement. Mr. Christopher Bradbury, Village Administrator, noted that if permits are issued within the Arbors, it must still be part of the P.U.D. application process. Mayor Feinstein reiterated that the only purpose here is to waive the administrative fee and streamline the process for some small projects. Trustee Sanders Romano noted that because amnesty has been extended in the past, and this program runs through October 31, 2010, it will not be extended again. She hoped that all residents would take advantage of the program. Trustee Brown made a motion to amend the local law, and Trustee Santon seconded the motion, for discussion purposes. Trustee Brown pointed out that mistakes have been made, and it is time to move forward with the proposed program. Mayor Feinstein called for members of the public wishing to address the Board. Robert Flink, Esq., Attorney for the Arbors, stated that he has reviewed the proposed local law. He noted that Section 4 has a notification provision, and he felt that if a neighbor complained then it could preclude the applicant from obtaining the required approvals. He requested a change in wording to this section of the local law. Mr. Bradbury noted that any project completed prior to 2007, need not go before the Architectural Review Board (ARB). The notification requirement does not apply to small projects. Mr. Flink noted that the maintenance shed was completed prior to 2007, and this falls into the purview of small projects. The Village is aware of a number of residents within the P.U.D. who have completed projects without applying for a building permit. Mayor Feinstein reminded everyone that the amnesty program is meant for the entire Rye Brook community, not just for the residents of the Arbors. Board of Trustees Meeting November 10,2009 Page 4 of 21 Mr. Flink noted that the Arbors is unique. Their scenario is very different from anyone else. No one knows when the decks, etc. were built. He felt that additional fees should be waived. Mayor Feinstein stated that the Board is trying to be very sensitive to the costs involved. Trustee Rosenberg noted that the savings from no administrative fee can be as high as $3,500.00. Trustee Santon noted that this law will benefit all single family, residential homeowners in the Village. He felt that the proposed local law should not be custom-tailored for the Arbors. Mr. Beane sent the document to Arbors counsel as a courtesy, not for critiquing. Mr. Flink noted that a lot of construction has gone on and the new owner may not have evidence of when the work took place, or whether or not a permit was pulled. Mr. Beane noted that anything completed prior to 2007 is automatically a small project. He also noted that many times knowledge of prior work is not available to a new homeowner. This is not particular to the Arbors. Mr. Mark Weingarten of 25 Bayberry Lane addressed the Board. He noted that he moved into his home 12 years ago. The deck was pre-existing, having been built several years prior by the previous owners. He has no knowledge as to whether or not the deck was constructed legally or not. He questioned what the cost would be to the residents to complete the review process. Mr. Bradbury noted that there is a listing of fees on the Village's website. He felt that this question would be best answered by the Building Inspector as the fee is related to the cost of the construction. Mr. Bradbury noted that the cost of construction must be provided by the applicant. Mr. Chris Robins of 9 Milestone Road, BelleFair, addressed the Board. He noted that the H.O.A. cannot be responsible for the actions of every single homeowner. Trustee Brown noted that the current motion is to put the P.U.D.s and H.O.A.s in the amnesty program, but at 50% of the waiver. Toby Marrow of Tree Top Crescent addressed the Board. She noted that if the Homeowners Association is required to pay, the cost is eventually put back onto the residents. The mistakes that were done were honest mistakes, which will now cost the residents a substantial amount of money. Mr. Nicholas Lyras of Doral Greens asked for clarification of the motion. He was unclear as to how work done on common property would be Board of Trustees Meeting November 10,2009 Page 5 of 21 regarded. Mr. Bradbury noted that one and two family homes would receive 100% of the waiver. At this time the proposed percentage being offered to the H.O.A.s and P.U.D.s. was a 50% waiver. Trustee Rosenberg amended the initial motion. He reiterated the fact that this program would not be renewed. Trustee Sanders Romano felt that putting an end date puts the Homeowners Association on notice. The goal is to get this done. These are health and safety issues. Trustee Brown felt that the Homeowners Associations should jump on this program and do what they need to do. Trustee Rosenberg amended his motion to remove the 50% wording, and to include the Homeowners Associations in the amnesty period with respect to common areas. Regarding notification, he felt that that section should remain the same. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye The decision of the Board was that the public hearing would remain open to allow Counsel time to revise the resolution. Mayor Feinstein called for resolution#2: 2) AUTHORIZING USE OF VILLAGE STREETS FOR THE TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT Mr. Bradbury read the following resolution: Board of Trustees Meeting November 10,2009 Page 6 of 21 RESOLUTION WHEREAS, the Tamarack Tower Foundation requests permission to hold its annual Thanksgiving Day Turkey Trot on Thursday,November 26, 2009 from 9:30 AM to 10:30 AM. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village streets on November 26, 2009 from 9:30 AM to 10:30 AM along the route described in the letter dated October 22, 2009 from Peter Mutino, President of the Tamarack Tower Foundation; 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. On a motion by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. There was no discussion on this matter. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 3) CONSIDERING A LEASE AGREEMENT FROM BUSINESS ELECTRONICS INC. FOR A VOICE RECORDING SYSTEM FOR THE VILLAGE POLICE DEPARTMENT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT WITH BUSINESS ELECTRONICS, INC FOR TELEPHONE/RADIO RECORDING EQUIPMENT Board of Trustees Meeting November 10,2009 Page 7 of 21 WHEREAS, the Village of Rye Brook Police Department currently leases telephone/radio recording equipment from Business Electronics, Inc.; and WHEREAS, the Village is in process of switching over to a Voiceover IP phone system; and HEREAS, the current system for telephone/radio recording is incompatible with the new phone system to be installed; and WHEREAS, Business Electronics, Inc. in an October 30, 2009 document, proposed the Verint Audiolog Voice Logging Recording Solution which is fully tested and compatible with the new VOIP phone system. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby approves the lease agreement between the Village of Rye Brook and Business Electronics, Inc. for the Verint Audiolog Voice Logging Recording Solution as outlined in the October 30, 2009 proposal; and be it FURTHER RESOLVED, the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Chief Austin noted that the new system was tested and found to be compatible with the soon to be installed new Voiceover IP phone system. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting November 10,2009 Page 8 of 21 4) CONSIDERING THE AWARD OF CONTRACT 09-12; SELECTRD TREE PRUNNING/REMOVEAL SERVICES AT VARIOUS SITES WITH THE VILLAGE OF RYE BROOK RIGHT-OF-WAY. Mr. Bradbury read the following resolution: CONSIDERING THE AWARD OF CONTRACT 09-12: SELECTED STREET TREE PRUNING/ REMOVAL SERVICES AT VARIOUS SITES WITHIN THE VILLAGE OF RYE BROOK RIGHT-OF-WAY WHEREAS, the Village of Rye Brook has solicited bids for Contract 09-12 "Selected Street Tree Pruning/ Removal Services at Various Sties Within the Village of Rye Brook Right-of-Way"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on October 9, 2009; and WHEREAS, at 10:00 a.m., Wednesday, October 28, 2009, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND OPTION"A" OPTION`B" 1. Central Tree Service, Inc. $24,950.00 $38,675.00 Certified check 2. Almstead Tree & Shrub $31,737.00 $35,893.00 Bond 3. Dom's Lawnmaker, Inc. $47,055.00 $53,220.00 Bond 4. F.A..Bartlett Tree $55,793.00 $58,251.00 Bond 5. Northern Tree Service $51,175.00 $58,715.00 Bond WHEREAS, upon reviewing the bids, the Acting Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is Central Tree Service, Inc. for the total bid price of$24,950, Option A. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village considers bid Option "A" in the best interests of the Village and selects Bid Option"A" for the award; and be it FURTHER RESOLVED, that contract 09-12 "Selected Street Tree Pruning/ Removal Services at Various Sites within the Village of Rye Brook Right-of-Way" is hereby awarded to Central Tree Service, Inc. for the total bid price of$24,950, Option A; and be it Board of Trustees Meeting November 10,2009 Page 9 of 21 FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTION CONSIDERING THE AWARD OF CONTRACT 09-16: RYE HILLS PARK DRAINAGE IMPROVEMENTS WHEREAS, the Village of Rye Brook has solicited bids for Contract 09-16 "Rye Hills Park Drainage Improvements"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on August 28, 2009; and WHEREAS, at 10:00 a.m., Wednesday, September 16, 2009, all bids received were opened as summarized below: BIDDER BID AMOUNT BID BOND Paladino Concrete $128,750.00 Bond Abbott&Price $136,680.00 Bond WD Excavation $138,500.00 Bond Commercial Sweeping $140,619.50 Bond Peter J. Landi, Inc. $150,000.00 Bond Bilotta Construction $156,552.00 Bond Ascape Landscape $161,585.00 Bond Marquise Development $163,600.00 Bond ELQ Industries, Inc. $179,900.00 Bond Cassidy Excavation $206,720.00 Bond NAC Industries $225,500.00 Bond; and WHEREAS, the Acting Village Engineer has determined the lowest responsible bidder is Paladino Concrete at the bid price of$128,750 and WHEREAS, the estimated cost of the project was $75,000. NOW, THEREFORE, BE IT RESOLVED, that all bids for contract 09-16 "Rye Hills Park Drainage Improvements" are hereby rejected. Board of Trustees Meeting November 10,2009 Page 10 of 21 As the Village is optimistic that this work can be done in-house, the bids for the contract are hereby rejected. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING THE AWARD OF CONTRACT 09-18; ONE AIRFLOW COMBINATION DUMB BODY/SPREADER RESOLUTION CONSIDERING THE AWARD OF CONTRACT 09-18: ONE AIR-FLO COMBINATION DUMB BODY/ SPREADER WHEREAS, the Village of Rye Brook has solicited bids for Contract 09-18 "One Air-Flo Combination Dumb Body/ Spreader"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on October 16, 2009; and WHEREAS, at 10:00 a.m., Wednesday, November 4, 2009, all bids received were opened as summarized below: BIDDER BID AMOUNT BID BOND Trius Inc. $22,833.00 Bond; and WHEREAS, upon reviewing the bids, the Acting Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is Trius Inc. for the total bid price of$22,833.00. Board of Trustees Meeting November 10,2009 Page 11 of 21 NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract 09-18 "One Air-Flo Combination Dumb Body/ Spreader" is hereby awarded to Trius, Inc. for the total bid price of$22,833; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 7) CONSIDERING CAPITAL BUDGET MODIFICATIONS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING CAPITAL BUDGET MODIFICATIONS WHEREAS, in the 2009-2010 budget the Board of Trustees authorized the purchase of a wing plow for $22,000, small articulated loader for $90,000, asphalt hot box for $20,000 and flow and dump for salting for $30,000; and WHEREAS, in the 2009-2010 budget the Board of Trustees authorized the purchase of a F350 pick-up truck for $26,000; and WHEREAS, the Village desires to withdraw the purchase of the Wing Plow and transfer available funding from the purchase of other highway equipment in order to upgrade the F-350 to an F-550 pick-up truck. Board of Trustees Meeting November 10,2009 Page 12 of 21 NOW, THEREFORE BE IT RESOLVED, the Village Board of Trustees hereby authorizes the withdrawal of the purchase of the Wing Plow and reauthorization of funds from other authorized highway equipment for the purchase of an upgraded F-550 pick-up truck. Mr. Bradbury noted that the Village is trying to get the biggest bang for the buck by purchasing the most cost efficient equipment. The life expectancy of the F-550 pick-up truck is 10+ years. The funds are being re-allocated, and the purchase of the wing plow is being cancelled. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 8) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING STOP SIGNS Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING STOP SIGNS WHEREAS, the Board of Trustees is considering an amendment of Chapter 240, Section 11 of the Village Code regarding stop signs. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on November 24, 2009 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Board of Trustees Meeting November 10,2009 Page 13 of 21 On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the public hearing was set. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury noted that the addition of this stop sign would make this intersection a four-way stop intersection. 9) CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR SOLID WASTE AND RECYCLABLES DISPOSAL FOR REFUSE DISPOSAL DISTRICT #I. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR SOLID WASTE AND RECYCLABLES DISPOSAL FOR REFUSE DISPOSAL DISTRICT #1 WHEREAS, the Village of Rye Brook uses County facilities for the disposal of solid waste and recyclable material; and WHEREAS, Westchester County provides a solid waste disposal facility for the tip-fee of$25 per ton; and WHEREAS, Westchester County provides a Materials Recover Facility for the disposal of recyclables at no charge. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook herby enters into an Inter-Municipal Agreement with Westchester County for the disposal of solid waste and recyclable material; and be it Board of Trustees Meeting November 10,2009 Page 14 of 21 FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 10) CONSIDERING THE APPROVAL OF MINUTES: AUGUST 25, 2009; SEPTEMBER 15, 2009; OCTOBER 13, 2009. Mayor Feinstein called for a motion to approve the summaries. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the summaries were approved subject to comments. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein recalled item#1: 1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND ESTABLISHING AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT Mr. Beane read the amendments to the proposed local law. The Board discussed notification, and Mayor Feinstein suggested the notification be Board of Trustees Meeting November 10,2009 Page 15 of 21 posted in the club house or common area. Mr. Laris, of Doral Greens, stated that homeowners within Doral Greens must obtain the approval of the Homeowners Association prior to doing any work. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the public hearing was closed. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO ESTABLISH AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT WHEREAS, the Board of Trustees is considering establishing an amnesty program for work performed or completed without a pen-nit; and WHEREAS, on October 27, 2009 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 adjourned until November 10, 2009 and subsequently closed on November 10, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves establishing an amnesty program for work performed or completed without a permit. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution, was adopted as amended. The roll was called: Board of Trustees Meeting November 10,2009 Page 16 of 21 Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury noted that the local law will be placed on the Village's website. The Board took a five minute adjournment beginning at 9:35 p.m. Upon the Board's return, Mr. Bradbury was called upon for the administrator's report: ADMINISTRATOR'S REPORT: Mr. Bradbury began his report by noting that the Leaf program is still going on. He also noted that it is approximately 40% through in terms of volume. Residents can access information about this program by going to the Village's website. The street paving work has now been completed, and curbing work is in process. All curbs should be in place by the end of the year. The Village is looking to make better use of the email updating system. They are looking to make it more of a news in the community program for all residents. Mr. Bradbury noted that the one side of the street parking begins on November 15th. Tickets will be issued. The offices will be closed on Veteran's Day. OLD BUSINESS Mr. Bradbury noted that two meetings, on October 29th and November 4th, have been held with the representatives of the Arbors. A lot of ground was covered during these meetings. The issues discussed include the PUD site plan amendment, the September 30 memo, procedures for development standards, and a timetable to work towards closure. Many topics were covered in these lengthy meetings. What modifications will be allowed on each lot was also addressed. This will be a benefit to the Village and the Arbors. The amnesty program local Board of Trustees Meeting November 10,2009 Page 17 of 21 law was discussed at the meetings in the hope of educating all homeowners. Other issues discussed were the maintenance shed and the Tennessee Gas property. Mayor Feinstein asked that Mr. Beane address the Title issues. The Village is doing whatever it can to help. There has been some interplay between the title issues and the P.U.D. amendments. The P.U.D. amendments cannot be finalized until the title issues are finalized. These issues will be reflected in the site plan map. Walls and other structures will be located, and the maintenance shed will be dealt with. The Village is not going inside of the homes to check on work done in the interiors. At this time it is the exteriors of the homes that are being inspected. Mr. Bradbury noted that the location and knowledge of the utilities in the infrastructure is extremely important, and will be incorporated into the plans. Another issue discussed was the need for permits for projects where no permits were pulled. Trustee Santon noted that two months ago a meeting was held. The applicant was provided with plans and documents, and a 22 page memorandum. At that time a timetable was requested from the applicant. He stated that the title issues are the Arbors' issues. Mayor Feinstein noted that the meetings have been very productive. Mr. Beane noted that this is not the Village's project. The problem with the title issues within this P.U.D. cannot be solved by the Village, however, the Village is making its expertise available. A number of homeowners have made individual claims against their title companies. The Village is willing to work with the Arbors, but a timetable is needed. Mr. Flink noted that he has prepared a memo regarding the timeline. He stated that the title problems must be resolved. Mayor Feinstein noted that the Village is doing its part to move things along. Trustee Santon noted that Mr. Flink was not in attendance when the surveyor noted that there were overlaps of structures across property lines, encroachments, and shifted buildings. An updated survey was presented on September l Ith. It was completely re-drawn, and conditions that did not exist in 2003 were on the drawing. Mr. Flink noted that the lots are correct by definition. Some of the houses, when constructed, were moved over and are now encroaching on the lot lines. The title insurance companies were supposed to determine whether there were any encroachments. Mayor Feinstein stated that we know what the issues are now. Trustee Santon noted that many of the residents have a survey of their property. These surveys Board of Trustees Meeting November 10,2009 Page 18 of 21 show the structures inside their lot. Mayor Feinstein reiterated that the issues related to title are not related to the Village. The information that comes out the meetings with the title companies will be critical and should be conveyed to the Village. As the title companies move along with their investigations, a lot of the questions will be answered. Additional meeting will take place on this matter, and the Village will be kept informed. Mayor Feinstein noted that she has met with Supervisor Carvin and Mayor Pilla regarding the co-terminus Village. She will keep the Board updated on this issue. Mayor Feinstein called for the discussion items, out of order: DISCUSSION ITEMS: 2) DOGS IN PARK Trustee Brown noted that there has been a lot of defecating from dogs in the parks. This issue should be addressed because everyone would like to make the parks cleaner for the residents. The Recreation Department has commented on this issue. Mr. Bradbury noted that there are policy and procedures for dogs in park, i.e.: dogs are allowed in parks, but on leashes. The Village code requires the removal of feces and there are areas in the parks where no dogs are allow such as on the ball fields. Trustee Brown noted that it is very hard to police this, but this issue needs to be addressed, especially in areas that are actively used by our children. Mayor Feinstein noted that changes need to be made to the Village's Code. It seems fair and obvious to not allow dogs in play specific areas. Trustee Santon noted that there is signage prohibiting dogs in certain areas of the parks, yet you see dogs in the parks. The priority should be the health of the children and residents. There is no easy solution to this. Trustee Brown noted that the Village Board needs to take some time to research and review this issue. He also noted that he would like to see more input from the residents of the Village. Mr. Bradbury noted that this matter would be placed on the agenda for the next Board of Trustees meeting for further discussion. 3) POLICY ON FIELD CLOSURES Board of Trustees Meeting November 10,2009 Page 19 of 21 There is no policy in place regarding fields and their usage during major holidays. This matter was reviewed by Village Staff. The recommendation by the superintendent was to make the fields available to anyone wishing to rent them, however staff felt that the fields should not be rented on major holidays. Mr. Bradbury noted that he has received complaints from neighboring residents regarding the usage of the fields on holidays. Trustee Santon noted that the focus seemed to be on solemn religious days. The consensus was that the parks should be open but there should not be any rental of the baseball diamond or fields. 1) STATUS OF RECREATION/OPEN SPACE STUDY AND FORMATION OF A COMMITTEE TO MAKE RECOMMENDATIONS TO THE BOARD OF TRUSTEES Discussion of this matter was adjourned to the next. Mayor Feinstein called for members of the public wishing to address the Board. Moge Agahian, President of the Arbors, addressed the Board. This past year has been a challenging year for the community. A request for updates to the P.U.D.s in the Village have morphed into an attack. The process started about 19 months ago, and the blame placed on the H.O.A.s. The residents of the Arbors have been presented with requirements and hurdles to overcome. When the survey was ready for presentation, additional requests were made and the Arbors was sent back to the drawing board. This is an extensive and time consuming project, and it has been a financially burdensome one. The Arbor's Homeowners Association would like clear direction from the Board of Trustees. Mayor Feinstein noted that nothing is accomplished by looking back. It is time to look to the future and conclude this project. Trustee Santon noted that Mr. Bradbury has spent so much time on this project. The Arbors have been told the same things over and over again. Mayor Feinstein noted that this type of dialogue is counter-productive. Mr. Bradbury noted that he was comfortable with the work done with the Arbors. The Village has been clear regarding what it is looking for, and what types of improvements should be captured. It is time to move forward. Board of Trustees Meeting November 10,2009 Page 20 of 21 Mr. Michael Borrelli, formerly of Greenway Lane, addressed the Board. He asked how a resident can place an item on the Board of Trustee's agenda for discussion. Mayor Feinstein noted that open mic time, which comes at the end of each Board meeting, is the appropriate time for discussions raised by residents. Mr. Borrelli noted that he had questions regarding the use of Village fields, and how they are used. He will be preparing an email on this subject and sending it to the Village. There being no further business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the meeting was adjourned at 11:40 p.m. Board of Trustees Meeting November 10,2009 Page 21 of 21