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HomeMy WebLinkAbout2009-12-15 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 15, 2009-7:30 P.M. AGENDA 7:00 P.M.—Executive Session: Fire Service Contract Personnel - Appointments ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: RESOLUTIONS: 1. Considering an application for the removal of a significant tree at 19 Woodland Drive 2. Considering an extension to KF (Rye Brook), LLC for the submission of the Final Subdivision Application and Plat to the Village of Rye Brook 3. Agreeing to terms and conditions of a grant received from the New York State Office of Parks, Recreation and Historic Preservation ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: 1. Status of Recreation/Open Space Study and formation of a committee to make recommendations to the BOT 2. Status of Environmental Council 3. Dogs in Parks 4. Policy on field closures 5. Hidden Falls Pond status 6. Notification requirements 7. Status of the required AHOA subdivision application and various other AHOA matters 8. Field use fees for Travel Baseball 9. Status of (i) the 1991 approved subdivision at 11 Beechwood Boulevard (Esposito) and(ii)required subdivision application(s) at 42-46 Lincoln Avenue ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING The Next Regular Trustees Meetings: January 12 and January 26, 2010 BOARD: Trustee Michael S. Brown Trustee Dean P. Santon Trustee Patricia Sanders Romano Mayor Joan L. Feinstein Excused: Deputy Mayor Paul S. Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michel Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Mayor welcomed all to tonight's meeting and called for the first item on the agenda. RESOLUTIONS: 1. Considering an application for the removal of a significant tree at 19 Woodland Drive Mr. Bradbury read the following resolution: December 15, 2009 1 RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 19 WOODLAND DRIVE WHEREAS, David Swerdloff the owner of 19 Woodland Drive, Rye Brook applied for a Tree Removal Permit for a thirty (30) inch diameter, fifty (50) foot high Tulip Significant Tree at said property on April 9, 2009; and WHEREAS, located within three feet and sharing a root system with the Tulip is a twenty-one (2 1) inch, fifty (5 0) foot high Sweetgum; 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 (30) inch diameter, fifty (50) foot high Tulip on said property is considered a Significant Tree; and WHEREAS, as the Tulip and Sweetgum tree share a root system, both trees would have to be removed simultaneously. [NOW, THEREFORE BE IT RESOLVED, the Village Board of Trustees hereby denies the Tree Removal Application made by David Swerdloff fora thirty (30) inch diameter, fifty (50) foot high Tulip on said property] or- [NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves the Tree Removal Application made by David Swerdloff for a thirty (30) inch diameter, fifty (50) foot high Tulip at 19 Woodland Drive; and be it FURTHER RESOLVED, the Village of Rye Brook requires a replanting plan as follows: Trustee Santon asked in regard to the species why there were 4 of the same in close proximity and asked Acting Village Engineer Mike Nowak if he had approved the replanting plan. Mr. Nowak responded that he had. There being no further questions or comments Mr. Bradbury read the approval clause of the resolution. On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the resolution was adopted. Mr. David Burke, Assistant to the Administrator, called the roll: TRUSTEE BROWN AYE TRUSTEE SANDERS-ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Motion carries Next item on the agenda: 2. Considering an extension to KF (Rye Brook), LLC for the submission of the Final Subdivision Application and Plat to the Village of Rye Brook Mr. Bradbury read the following resolution: December 15, 2009 2 RESOLUTION CONSIDERING AN EXTENSION TO KF (RYE BROOK), LLC FOR THE SUBMISSION OF THE FINAL SUBDIVISION APPLICATION AND PLAT TO THE VILLAGE OF RYE BROOK WHEREAS, on March 24, 2009 the Village or Rye Brook Board of Trustees granted KF (Rye Brook), LLC site plan, subdivision, and related approvals, waivers and conditions by resolution for the `Kingswood' project; and WHEREAS, the fourth condition of approval required the final Subdivision Application and Final Subdivision Plat be submitted for signature by the Mayor within 180 days of the adoption of the resolution; and WHEREAS, the applicant requested in a letter from John Wagner dated September 5, 2009 the extension of 90 days to comply with the submission to the Mayor of the Final Subdivision Application and Final Subdivision Plat; and WHEREAS, said 90 extension was granted at the September 22, 2009 Board of Trustees meeting until December 19, 2009; and WHEREAS, in a letter dated December 9, 2009 from John Wager the applicant has requested an additional 90 extension to comply with the submission to the Mayor of the Final Subdivision Application and Final Subdivision Plat. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby grants an extension of 90 days to KF (Rye Brook), LLC to submit for signature by the Mayor the Final Subdivision Application and Final Subdivision Plat. A motion was made by Trustee Santon and seconded by Trustee Sanders-Romano after which Mayor Feinstein asked Mr. Wagner to update the board. He stated that they have been stymied by United Water as they had requested a letter approving the hydrant locations and it took some doing to get the process complete. They now have approval from United Water which leads them to the final step which is the approval from Dolph Rotfeld regarding the sewer connections and believes Dolph is handling that matter with the Health Department. After that is done, the Health Department application will be complete. For the record, Mr. Wagner advised the board that Mr. Rotfeld was instrumental in getting United Water to put things in motion and he is grateful for his assistance. He also advised the board that tomorrow they will have the balance of the recreation fee and are about a week away from being complete. Mayor Feinstein has no problem granting an extension but advised Mr. Wager that the Village would like the recreation fee paid before the end of the year. Trustee Santon made a motion to amend the resolve clause to condition it upon receipt of the recreation fee by the end of this year and the motion was seconded by Trustee Sanders Romano. TRUSTEE BROWN AYE TRUSTEE SANDERS-ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Motion carries Mr. Bradbury asked if the conservation easement was being prepared. Mr. Wager responded he is working with Diane Fox from the Town of Greenwich and had given her information to take to her boards but the final decision will be Greenwich's as to if they even want the conservation easement. He has obtained samples of easements they have used in the past so that he can work on the language and is working with a company called Greenwich Land Trust for assistance. Mr. Beane stated we will have the final word on the language but Trustee Santon is not comforted to know that Greenwich is running the show. Mr. Wagner had prepared language for a conservation easement and submitted it in August to Keane and Beane but thought he should be speaking with Greenwich as well. He discussed that with Mr. Nick Ward Willis of Keane and Beane but he believed that the easement should be drafted with Greenwich. Mayor asked Ed to review this with Mr. Ward-Willis and report back to the board at the next meeting. Next item on the agenda: 3. Agreeing to terms and conditions of a grant received from the New York State Office of Parks, Recreation and Historic Preservation Chris read the following resolution: December 15, 2009 3 RESOLUTION AGREEING TO TERMS AND CONDITIONS OF A GRANT RECEIVED FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION WHEREAS, the Village of Rye Brook has received a special grant in the 2009- 2010 New York State Budget; and WHEREAS, there are specific requirements and regulations governing the expenditure of these funds. NOW, THEREFORE BE IT RESOLVED, the Village or Rye Brook agrees to the following terms and conditions: (1) Administration of all funds under this grant will be in accordance with all terms and conditions contained in "GUIDELINES to prepare Grant Agreements for non-construction projects $50,000 and under — Fiscal Year 2009 — 2010," provided by the New York State Office of Parks, Recreation and Historic Preservation. (2) That Mayor Joan L. Feinstein is hereby authorized to sign legal documents on behalf of our organization and that such signature is acknowledgement of the acceptance by this body of compliance with all terms and conditions of the grant agreement, to be executed for the grant. On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the resolution was adopted and Mr. Burke called the roll TRUSTEE BROWN AYE TRUSTEE SANDERS-ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Motion carries An additional resolution was put on the agenda tonight which is a stipend increase for Angie Storino and a stipend payment for Ernest Tigani of AJP who have both taken on additional work in the absence of a Senior Center Coordinator. Mr. Bradbury read the following resolution: AUTHORIZING STIPENDS FOR VILLAGE EMPLOYEES RESOLVED, that Angelina Storino's stipend shall increase from $250 per month to $500 per month, effective December 1, 2009 for consideration of services provided in the absence of a Coordinator of Senior Services; and be it FURTHER RESOLVED, that Ernie Tigani shall receive a stipend of $250 per month, effective December 1, 2009 for consideration of services provided in the absence of a Coordinator of Senior Services. Ms. Storino's stipend would be increased from $250 to $500 per month and Mr. Tigani would receive a stipend of$250 per month effective 12/1/09. Mayor Feinstein explained that the reason a coordinator has not been hired yet is due to issues that arose in regard to civil service and the Village is hoping to have a candidate very soon. She acknowledged that Ms. Storino and Mr. Tigani have stepped up to keep the programs at the Senior Center running seamlessly and the Village is very appreciative of their efforts. On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, Mr. Burke called the roll adopting the resolution: TRUSTEE BROWN AYE TRUSTEE SANDERS-ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE ADMINISTRATOR'S REPORT Mr. Bradbury noted that the leaf program ends today by code but one more pass on every street will be done and he advised the public to make sure to get leaves to curb because they won't be picked up after that at curb but will be picked up by AAA. Mr. Bradbury advised that they are in the final steps of the village audit for 5/31/09 and an exit interview will be held next week. He is hoping to have that to the board before the next meeting and will have the auditors at a January meeting to discuss it. Mr. Bradbury also advised the board and public that County Legislator Martin Ragowsky will hold a town meeting here at village hall to discuss the county budget. Detail can be found on the Village website. Mr. Bradbury gave thanks to the highway and parks department for their hard work and making sure the leaf program went smoothly and on schedule. DISCUSSION ITEMS 1. Status of Recreation/Open Space Study and formation of a committee to make recommendations to the BOT Mayor Feinstein explained that back in October the board had received legal information regarding the Recreation Zone study and approved a study by FP Clarke for possible Rec Zone sites and asked Mr. Bradbury if there was an update regarding where this is and if anyone on this board wanted to start a small committee made up of possibly members of the Planning or Zoning Board. Mr. Bradbury has spoken to Mrs. Timpone Mohamed of FP Clarke and she advised him that she has been working on this project anticipates a report to the board by late January early February. She advised that she will need feedback/review of certain properties and decisions will have to be made to make the best use of money and time. Trustee Brown believes it would be a good idea to also have members from the community on the committee as well. Trustee Santon believes that his is a potential zoning legislation and may have to go before the Planning Board. In his opinion, this has been slow in coming to fruition and is not sure a committee would help at all. He asked how FP Clarke is choosing sites and what criteria was being used. Mr. Bradbury responded that she was looking at open spaces, buffers, clusters of open space etc. He also advised that while FP Clarke is identifying potential sites for use it will be this board that has the final authority. Trustee Sanders Romano would like to see a preliminary report before any committees are formed. Next item on the agenda: 2. Status of Environmental Council Mayor Feinstein stated that while the environmental council has changed its duties and responsibilities she still believes it serves an important purpose and would like input from the board on what duties this council should have — specific environmental issues and beautification project for example and would like to address this for 2010. Trustee Santon stated that there is a code that defines what that committee is and while he knows it exists, he has no idea who the members are at this point. According to Village code, all they have to do is meet once a year for an annual meeting. He suggests that they enlist members and possibly assign projects for them to work on and get the members familiar with what the job of that particular board is. Mr. Bradbury responded that this board has to decide what they want that board specifically to do and suggested putting it in on a future agenda for discussion. Next item on the agenda: 3. Dogs in Parks Trustee Brown asked for comments from the board on possibly changing our current legislation or maybe just enhancing the signs with citing the code and the fine associated with it. Mr. Bradbury added that the code is inconsistent and suggested the board just focus on exactly what they want to accomplish. As it goes now, if dogs are not on leashes the police will advise them to do so and there are signs at the ball fields advising no dogs on the fields. Superintendent of Parks and Recreation, Robert Bertolacci, has recommended that dogs should not be allowed in Pine Ridge, Garibaldi or the King Street fields at all. Mayor Feinstein added that there are many dog lovers that would be precluded from going to their favorite park if we were to follow the recommendation of Mr. Bertolacci. Trustee Brown believes that dogs in the dogs in the park also become a safety issue. Mayor Feinstein believes that in the winter or off months that she doesn't see a problem with dogs running around the fields. She understands that there have been a couple of complaints and asked if this is really a major issue. Mr. Bradbury responded that we have received a few complaints but not a significant amount. Included in the complaint are dogs in the playground areas. His opinion is dogs should be leashed....period. Trustee Santon agrees that dogs should not be allowed at all on the King Street fields and believes we should have a public hearing and get input from the public. Trustee Brown stated that the Recreation council was in consensus with doing something and he also believes it is an issue and in agreement of no dogs on fields. He also believes that the signage could be better with stronger language. He will discuss with the Recreation council at their next meeting and bring back a clearer recommendation for the board. 4. Policy on field closures Trustee Brown stated that he took Mr. Bradbury's recommendations to the Recreation council and it was decided that to avoid inconsistency, we should come up with a policy to follow. The Recreation council touched on it but did not have any recommendations and he believes this matter should be addressed with this board as religious issues are involved. Mr. Bradbury added that the Village always tries to be sensitive to holy holidays in terms of parks. Our parks are always open and the question is if there should be organized events on holidays. It was raised by a neighboring resident this year and he was sensitive to that and asked that nothing be booked on that particular holiday. What was raised is if there should be a policy in regard to use of the parks on holidays. Mayor Feinstein asked about the legal aspects in relation to separation between Church and State and if we can preclude people from using them. Mr. Beane, Village Counsel responded that potentially he can see all types of issues. There may be someone who does not celebrate holidays — can we foster religion against non religion - parks are technically never closed. He can research and advise the board at a future meeting. 5—Hidden Falls pond status The Mayor asked for an update on this issue. There has been discussion in the past where Hidden Falls homeowners association had asked for a contribution to dredge their pond and it was dropped and put on hold for a while and now they have asked again as they are now actively moving forward. Mr. Bradbury explained that this topic has a long history that dates back to 2002. At that time, Mr. Dolph Rotfeld had recommended that the pond be dredged as this pond is part of the storm water system— water flows down stream and settles here and over the years has silted up. The question is who is responsible. Hidden falls believes while they are responsible, development up stream has contributed to the silt issue and believes that makes the village responsible as well. We have tried to get funds through Nita Lowey's office but the biggest obstacle is that it is a private pond on private property. The Village had advised the Homeowners Association that they would not contribute to the dredging but has tried to assist in acquiring funds to assist them. Trustee Santon added that to his recollection, the developer of Red Roof made an offer but it was not acceptable to Hidden Falls. It is a slippery slope because it is a retention basin but if we help them we will have to help elsewhere, for instance, the keyhole. There is an easement from a prior owner that Mr. Beane can elaborate on. He also remembers that the village offered $25,000 but it was refused. Mr. Bradbury believes there may be something we can do at the inlet area that may have a positive storm water benefit as well. It won't help with the dredging but may slow things down a little bit so it takes longer in between dredging in the future. Hidden Falls Representative, Dan Sarch, 37 Long Ledge Drive, addressed the board and stated that it is not just an aesthetic pond and the engineers report clearly states that there is a benefit to the entire community and it is part of the eco system for the community and now it is full and it is our responsibility to tape care of that. He agreed that the developer of Red Roof did offer $10,000 which was rejected because part of the issue was there was a bond held for Red Roof that was released without this problem being addressed. He also understands that there was an offer for $25,000 from the village and does not believe it was ever refused but is still on the table. The work is budgeted for over the next year and asks the Village to consider again the $25,000 originally offered. Trustee Santon asked how this benefits the village as a whole over other properties throughout the village. Mr. Sarch responded that there is an engineer's report and he does not have the specifics but it is in the report that it would be a benefit to Avon Circle. Mayor Feinstein noted that Hidden Falls was advised that they had to provide proof that this would be a benefit to the public. Additional information was received but nothing had changed from our perspective. We, as a board, have to see how we will spend money on capital projects for 2010 and 2011. The Village would have to study this issue and storm water projects in general. Trustee Santon believes we should be talking about this, that it is appropriate. We have been very successful in getting grant money and thinks the dialog should continue. He would also like to see the engineers report and to hear from Mr. Rotfeld as to what his recommendations are. Trustee Sanders Romano asked who the engineer is, ours or theirs, at which Mr. Sarch responded it, was theirs. She would also like Mr. Rotfeld to give us his recommendation and added that as we are making changes up stream she would like to hear comments on how the changes we make upstream will affect the down stream needs. Mayor Feinstein asked about the timing of the project. Mr. Sarch explained the community has to vote and pass it but the plan is this coming spring. Examination of the silt has been done so they know where they can bring it after removing it and a homeowner who is not a Hidden Falls resident has to allow access and then there need to be a repair plan of that property as well. Mr. Bradbury asked that a full copy of the engineer's report be sent to his office. Next item on the agenda: 6. Notification requirements Mayor Feinstein noted that as this item was requested by Trustee Rosenberg, it will be deferred to a future meeting when he is present. 7. Status of the required AHOA subdivision application and various other AHOA matters Trustee Santon stated that while he understands that the PUD process is progressing, there has been no mention of a requirement for a subdivision application for the L shaped parcel that fronts on to King Street where the Tennessee gas pipe runs. He would like the board to have Mr. Bradbury send a letter clarifying, for the benefit of The Arbors, what the requirements are in regard to that parcel. It needs to be documented on a plat map and documented with the county as well. He would like the letter to address the subdivision and PUD amendment in regard to the L shaped parcel. There is no subdivision approval but they have entered into a contract of sale with Tennessee gas. Mr. Beane added that Tennessee gas sent a letter to the assessor and then to him requesting a new tax map be created. His letter to The Arbors council was his response to a letter from an attorney of Tennessee gas regarding various questions. They have met with Tennessee gas attorney and went through exactly what they need to do to move forward with the contract. They have received the application for the subdivision but he will, at the board's request, send a letter to The Arbors as well. Trustee Santon responded that even if the sale doesn't go through, there is still the need for a subdivision showing that portion. Mayor asked Ed if he understood what Trustee Santon was explaining. Mr. Beane stated there was no sub division approval requested when The Arbors was formed and the Village was not required to get subdivision approval for the Arbors acquisition. The plat map should reflect the fact that there was a separate lot created in 2005. This is not an application and does not have to go to Planning but it is a modification that has to go on the plat map. He will be more then happy to provide a written legal opinion on the issue. Mayor Feinstein called for a 5 minute recess Reconvene Mr. Tony Gioffre of Cuddy and Feder addressed the board stating that he is in the process of being retained by various title companies in regard to this matter. He has had preliminary conversations but more information and more documentation needs to be seen and he would like to meet with the necessary representatives from the Village and The Arbors and move forward. He has not been retained yet but will be very soon. He added that they anticipate hiring a surveyor but cannot give a specific date until he is officially retained but would like to meet with staff in the interim. Mayor Feinstein asked when he is retained and when he knows the time frame could he please advise the village of such as we all have the same goal. Mr. Gioffre will do that and would like to review Mr. Santon's material as well. Mr. Flink. Attorney for the Arbors, read his opening legal statement and went on to state that the title companies have chosen an attorney and there are multiple title companies as there are multiple residents and Mr. Gioffre will be given every piece of information available. Mayor Feinstein asked for an update on the response letter that was to be received today. Mr. Flink thought that was an update on the survey and it is impossible to give a timetable because it will be in the surveyors hands. It would not be a constructive exercise for The Arbors to hire a surveyor whose work will be discarded. Mr. Beane sees a potential problem. If the title company is going to pay for everything that becomes the final plat map— great—his concern is what is going to be needed on the survey for title issues and what is needed to comply with the villages resolution on waivers may be different and may get lost by the title companies. The Village would like to know as quickly as possible if the survey will encompass all of the items that the village has requested be included. Mr. Flink responded that Mr. Gioffre, when retained, will meet with the Village to fully understand the village's requirements and believes the title companies will do what is needed as 250 policy holders are involved. Trustee Brown asked Mr. Gioffre to come to the next meeting Village board meeting, if he is retained by then, and let us know if meeting the boards/villages requirements will be complied with. Mr. Gioffre, assuming he is retained, will appear at the next meeting with an update but would like to meet with Mr. Beane and whoever else is appropriate so that he has the information required to convey to the surveyors. Trustee Santon is curious as to how many title claims have been made to date and is frustrated that deadlines requested are not met. The applicant has to step up and do certain things and he does not believe the title companies are going to be the be all and end all as they won't get involved in a lot of the issues that the Village is concerned with. Mayor Feinstein added that the homeowners association is the arbors residents and what would be the purpose of them spending money if they don't have to. This is not a safety issue per say, it is a title issue and would like it to move forward because it is impacting the residents or some of the residents with sales, etc. Mr. Beane is having an issue with a homeowner who is trying to sell but there is an illegal deck and feels that this has become a real life problem that the village wants to solve but cant and that's why the timeframes are so important. In order for the village to maximize the help it can give, we could use the help of the title companies to make this happen. Trustee Santon added that there may be certain structures that go beyond the "lines" and it remains to be seen that if you receive a certificate of occupancy that you will receive a PUD amendment approval. He also asked about the code enforcement issues — open building permit — and the landscaper commercial vehicles — another violation that has returned. Mr. Bradbury responded that the shed and maintenance area are housing commercial equipment such as plows and a letter was sent requesting information regarding this issue and is still waiting for a response. Mr. Flink had advised the Village that the maintenance garage issue will be resolved before 12/31. The property manager was notified about the equipment and they were advised by the school to remove it as well. Mr. Larry Ashley, resident of The Arbors, wants to address the board about the quality of life at The Arbors right now. He gave a letter to Mr. Bradbury from a Mr. Proper that he was asked to forward as well as read. The letter was basically about allowing the snow removal equipment to remain on the grounds because it is a life safety issue for the residents there. Mr. Ashley went on to state he is disappointed with the events of the last year and it has raised the level of anxiety and he is appalled at what has happened. Arbors are suffering financially — residents are suffering financially — we are suddenly finding our homes at risk and are being put in a position of having to hire an attorney and he would like this to end. He would like to see the Village and the residents work together to get this resolved and he thinks the intricacies are becoming more profound. He believes this board is elected to represents the residents and wants it brought to a resolution collectively and not be allowed to continue and manifest itself. Didi Mitchell, 211 Ivy Hill Lane, is very upset about the maintenance equipment being removed and wonders why it is an issue now and why it was never brought up before. The school has buses that can be seen from King Street but their equipment is well screened. As they have to plow their own roads she feels it is a life safety issue to wait for someone to come from Mamaroneck. The equipment has been there for many many years and now it becomes an issue. Mr. Bradbury made a clarification on the maintenance shed. The Village has stated that they were looking for The Arbors to apply in the PUD amendment exactly what they were looking for in regard to the maintenance equipment, and the board would consider it. Commercial vehicles are not permitted in that zone but can be considered by the Village Board and wanted to express that there was no ultimatums given and the Arbors had responded voluntarily. Subsequent to that, the letter from Mr. Flink came and stated he would have a response on the garage by the end of the year and we were waiting for that when the equipment reappeared and we asked for an explanation. Cindy Rosen of The Arbors wants this board to bear in mind that sickness is not seasonal and when this board decides what the use will be that it needs to be considered that they are possibly impacting people's lives. Mayor Feinstein stated that this board does not give direction as far as enforcement. This board sets policy and we have a very competent staff that enforces the rules. Trustee Santon added that no one on this board ever said you can't have snow equipment in the winter but the code is very clear. In the winter season you can have snow equipment but the contractor was storing a flatbed vehicle with no license plates with 8 to 10 snow plows on it so it was apparent he was storing his equipment there. There are plenty of private roads in Rye Brook that have no problem getting plowed in the snow. He admitted to being the one to complain to the Village, which is his right to do, that it was unsightly and inappropriate. Mr. Weingarten of The Arbors address the board and wanted it on record that in his own estimates between the Village and The Arbors it will cost over $100,000 and will result in an increase in assessments for the homeowners there. Next item on the agenda: 8. Field use fees for Travel Baseball Trustee Brown met with Mr. Bradbury and Mr. Bertolacci and representatives from Travel Baseball to discuss fees for next year as they want to be able to advise their families what the costs will be. Their concerns with the cost is in regard to field use and requested that we consider our fee schedule sooner rather then later and change our bulk rate as well. They have requested a change to $12,000 for 500 hours Mr. Bradbury added that they have one full year of experience now. The program has a lot of teams and had a lot more practices and used a lot of hours — estimated over 500 hours. While the village didn't plan on that much revenue, we also didn't plan on the fields being used that much. Village may want to look at this during the budget process but that would be a little late for them to be able to advise their members. Trustee Brown put it in perspective noting it comes to $30.77 per hour and what they are proposing is $24.00 an hour. The question is, do we want to do something and if so then what. Mayor Feinstein reiterated that these are tough years and we need to look at the totality of the budget and does not want to get into negotiations every year with a particular group. Trustee Santon concurs and believes their issues were self imposed. The board carved out this bulk rate for them but ultimately it was them who elected to use 535 hours. Reality is this is a fundamental issue with us catering to one user and believes they need to step up and do their own budgeting and forecasting. Trustee Sanders Romano agrees that we can't open ourselves up to budget problems because of their budget problems. Trustee Brown added that last year was the exception to us amending our fees — not the norm and agrees that they have issues to work out. They are well aware that this is an issue and he has told them that it is unlikely we will lower the rates. Proposal to change bulk rate is something we should look at during the budget process. Next item on the agenda: 9. Status of (i) the 1991 approved subdivision at 11 Beechwood Boulevard (Esposito) and (ii) required subdivision application(s) at 42-46 Lincoln Avenue Trustee Santon stated in regard to 42-46 Lincoln Avenue that this board passed a resolution earlier this year and the issue is that the parties involved never bothered to follow through on our resolution and never signed the agreement. In regard to Beechwood Blvd, the applicant did apply for subdivision application, went before the Planning Board and he would like an update as the applicant did all the right things in terms of the application but now has an issue that maybe we can't help him with. Mr. Beane responded that in regard to Lincoln Avenue, the resolution took 3 separate lots, even though they were created illegally, and acknowledged the creation of 1 lot that would be jointly owed by each of the 3 property owners. Based on that there would be a new tax lot which would resolve a situation going on since 2004. The resolution authorized the agreement to be signed and as of right now — it is still not signed. His position is that this is a resolution of a legal dispute and this board has the right to do it. What has been done, in a series of letters to the applicant, is give them a deadline of this Friday with the appropriate survey. Mayor Feinstein added that if it's not signed by the deadline that she wants a resolution to rescind the board's approval. It's not a complicated issue and whatever is going on between the homeowners is not our problem. Trustee Santon has a lot of issues with this but the main being the sub division application and they did not qualify for one. Mr. Beane is trying to avoid going through the same process and to settle a lawsuit and believes he did what he felt was the best thing to do for the Village of Rye Brook. Mr. Beane went on with respect to 11 Beechwood that in August of 1991 there was a subdivision application — it was granted — and construction had to be completed and the map filed in 6 months. Neither happened and the applicant, through counsel, has requested that in return for his subdivision on file since 1992 and paid $15000 for, he will agree to go through the entire site plan process in accordance with all of our rules and regulations. Mayor Feinstein thanked everyone for their input and as this is the last meeting of the year, wished everyone a happy and healthy new year. Meeting was adjourned at 11:31 pm