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HomeMy WebLinkAbout2000-03-28 - Board of Trustees Meeting Minutes MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET j RYE BROOK, NEW YORK TUESDAY, MARCH 28, 2000 at 7:30 P.M. CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room, and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman Village Staff attending the meeting were: Village Administrator, Christopher Russo Village .Attorney, Kenneth E. Powell Assistant to the Administrator, Charles Peretz Police Chief, Robert Santoro j Village Engineer, Victor Carosi BOARD OF ASSESSMENT REVIEW (6:00 P.M.): It was noted that a Board of Assessment Review was conducted before the Board of Trustees prior to the commencement of the Board Meeting. Mr. Christopher Russo, Village Administrator, read the assessment changes into public record. RESOLUTION GRIEVANCE DAY DETERMINATIONS WHEREAS, the Village of Rye Brook Board of Assessment Review met to hear all persons wishing to be heard, and; WHEREAS,the Assessor has reviewed the complaints filed and has submitted his opinions on each of the filings; NOW, THEREFORE,BE IT I 1 RESOLVED,that the Board of Assessment Review.has made the following final determinations on grievances filed on or before February 16, 1999: ADDRESS See/Block/Lot(s) Determinations Rye Ridge Condo 1.5G et al No Change 11 Argyle Road /6A/ 10A No Change 7 Eagles Bluff 1 /6KB/23 No Change 27 Country Ridge Dr. 1 /5 /A18 $ 14,700 5 Country Ridge Close 1 /5 /017 $ 15,600 South Ridge Street 1 /24/22 No Change 121 South Ridge Street 1 /24/ 1B No Change 115 South Ridge Street 1 /24/ IA No Change 787 King Street 1 /8 /3A No Change Bowman Avenue 1 /23 /5.4 No Change 1100 King Street 1 /3 /2 No Change 1100 King Street 1 /3 /2.1 No Change 1100 King Street 1 /3 /2.2 No Change Utility Sites 1 /600/4 No Change Utility Sites 1 /600/ 1 No Change Utility Sites 1 /600/ 1.1 No Change Doral Greens l /3 /6E12 No Change 556 Westchester Avenue 1 121 /3A No Change 65 Bowman Avenue 1 /21 /8B No Change 18 Rockinghorse Trail 1 /5 /M20 No Change 12 Lawridge Drive 1 /5 /U.1 No Change 109 North Ridge Street 1 /6CD/56 No Change 8 Eagles Bluff 1 /6KB/ 12 No Change 10 Wyman Street 1122/4AH 39-13; No Change 39-14; 39-15 39 Hillandale Road 1 /6/ 15B No Change 416 No. Ridge Street 1 /5 /F40 No Change South Ridge Street 1 /22/3 No Change 200 South Ridge Street 1 122/4AA.2A2 No Change Bowman Avenue 1 /22/3A No Change 34 Bonwit Road 1 /5C/76 No Change 23 Maywood Avenue 1 /6/27.2 No Change 10 Rockinghorse Trail 1 /5/028 $ 18, 700 300 So. Ridge Street 1 /22/4AD19 No Change 231 North Ridge Street 1 /6AA/5 No Change 2.48 Tree Top Crsn. 1 /6R/248 $ 10,000 Stip. 545 Westchester Avenue 1 / 14/ 10B2A No Change 105 Country Ridge Drive 1 /5 /P $ 24,300 4 Brookside Way 1 /5E/2 No Change 2 Brookside Way 11 /5E/4 $ 18,700 On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Assessment changes were accepted. 2 Trustee Brackinnn Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Francis Filipowski called for the first item on the agenda under Presentations: PRESENTATION (7:30 p.m.) 1. RAYMOND FISCHLEIN,AREA SUPERVISOR—CONSTRUCTION,REGARDING STATUS OF HUTCHINSON RIVER PARKWAY REHABILITATION. Mr. Raymond Fischlein addressed the Board. Also in attendance was Boris Vays, the State's Engineer-In-Charge, and the Resident Engineer. In order to assist the Board and members of the public to better understand what work was being completed, .Mr. Fischlein presented the Board with drawings for everyone to view. These drawings pointed out when certain interchanges would be opened and when phases would be completed. It was noted that the official completion date has been scheduled for September 15, 2001, however, the goal at the present time is to have the project essentially completed by the end of 2000. At that time, all interchanges are expected to be opened, as well as all bridges and ramps, guardrails will be in place, and all signage will be up. The top coarse (the last layer of asphalt) will be completed next Spring. If all goes according to plan this project will be 95% completed at the end of 2000. Mr. Fischlein gave a brief overview of the opening and closing of ramps. Specifically he noted that the Northbound Ramp will be opened by May I". At the same time the turn signals at the Purchase Street intersection will be fully operational. Once this has occurred, the other ramps—A, C and D will be rebuilt, half a ramp at a time. These ramps will be completed by the end of August. Lincoln Avenue and Ramp E are currently closed and expected to be re-opened by mid-April to the end of May. Ramp F and Ramp H are expected to be-opened by the end of April. When all of this work is completed, the work on Ramp G will begin (the Southbound Off Ramp). Mr. Fischlein stated that with regard to North Ridge Street, the work on that new bridge is expected to be completed by mid/end of September. Ramp L, the Southbound On Ramp, is now open. Work on Ramp K, the Southbound Off Ramp, will begin in May. The other Ramps will be constructed with the staging work that will be done on the Hutch. It was noted that the work being done on the Hutch will be consistent with the architectural design of the original bridges and roadway. The final design of the Hutch includes shoulders on both sides and acceleration and deceleration lanes. Trustee Jody Brackman stated that the Ridge Street Bridge should be a priority. Completing it by the end of August would mean that it would be open for the beginning of school. This would create a safer environment for the children walking to school, as well as the cars that travel on the road. Mr. Fischlein stated that this area is a priority. The 3 contractor has been given an incentive to complete this project ahead of time. There is a bonus associated with completing this job early-- a bonus that amounts to hundreds of thousands of dollars. It was noted that the current speed limit is set at 15 mph for the construction area. This limit is being strictly enforced. The State has a lot of safety devices in place, but it was noted that people tend to try and drive at least 10 mph faster than they should and, therefore, there is police enforcement on the project—with both State and Local Police out in the work zones. It was also noted that the fines in the work zone are double. The problem of the drains not being properly covered was brought up. Mr. Fischlein stated that they would look into this issue. Also discussed was a vision problem coming off the Hutch onto Ridge Street. It was suggested that this intersection has a four-way stop. As the County owns North Ridge Street this suggestion would have to be looked at by the State's Traffic Department. A discussion regarding the temporary bridge took place and many questions were raised regarding its use and completion. Although Mr. Fischlein was able to respond to many of the questions, there were some that could not be answered without research. Mayor Filipowski noted that, any questions that were not answered will be responded to at a subsequent meeting. Mayor.Filipowsk.i began a discussion about the current signage. He noted that this signage is insufficient and needs to be raised up to be made more visible. Mr. Fischlein stated that this request can be easily accomplished and the signs would be moved within the week. In addition, he assured the Board that at the completion of the project the signage will be in place will be more than adequate. The problem at the King Street Bridge was discussed. Mr. Fischlein noted that the $4 million dollars worth or work in that area was canceled because of opposition that was met from Connecticut. Therefore, there will be no work on King Street on this project. The Village Board will be discussing this issue directly with the State. Trustee Donald Degling noted that the area in question, the bridge, has a small portion which is in Connecticut. New York State cannot make the necessary improvements to this area without the taping of.14 acres of property located in the State of Connecticut. This could be accomplished without touching any of the residences. A plan to do all of the work on the New York side only would mean that two residences would need to be condemned and taken in order to have the sufficient amount of property required to widen the bridge. The Board will be beginning discussions with New York and Connecticut to see if Connecticut can be persuaded to go back to the original plan. Trustee Degling noted that there is a meeting scheduled for April 4, 2000 between the County Executives of New York and Connecticut. Members of the Village Board will also be in attendance. A member of the public questioned whether or not the State would be placing a'No Left Turn" sign off'of the temporary bridge Northbound as was discussed in January. He also noted that currently there is a detour sign advising people to make this left turn. Mr. Fischlein responded that the Traffic Group studied this situation and came to the conclusion that this left turn is okay. The Traffic& Safety Group investigates all of these 4 types of issues before any decisions are made. Mayor Filipowski noted that there is a problem there because of the line of sight to the right when you are attempting to make that left turn and, therefore, he asked that this issue be re-evaluated. Mr. Fischlein agreed to discuss this issue with the Traffic Group. Mayor Filipowski invited Mr. Fischlein to return to the April 25'x'Board of Trustee Meeting to continue the discussion, and respond to the outstanding issues. Members of the public complained that the responses were taking too long. Mr. Fischlein stated that he will respond, in writing, to issues as they are reviewed. Responses will also be aired on the Village's government access channel. A suggestion was also made that the Village invite someone from the Traffic& Safety Group to the next meeting. The next discussion surrounded concerns about the sound barriers. Trustee Gary Zuckerman pointed out that on Winding Wood Road, behind the sound barriers, ponding occurs when it rains. This needs to be addressed because it also brings with it the possibility of mosquitoes breeding. Mr. Boris Vays, Project Engineer-in-Charge, will be addressing this issue by the end of the week. Also discussed was the debris that was left= behind the sound barriers, on that State's property but on the residents' side. Mr. Fischlein stated that any debris left by the contractor will be cleaned up. Clean-up work follows the completion of the construction, but the State is aware of the effect the debris has on the quality of life of the residences and it will do its best to work with the Village on issues such as this. Mr. Fischlein noted that the brook was diverted around the sound barrier and piping has been installed. During construction these pipes tend to get plugged, however, they will be cleaning these pipes out at the same time that they will be cleaning behind the sound barriers. The next issue addressed was landscaping, especially near the sound barrier. Mr. Fischlein noted that there are no plans to do plantings on this project. He did state that there is a landscape design project underway that is scheduled for next Spring. Mayor Filipowski stated that the Village is working with the State on the landscaping, The Village's Tree Committee is now involved in the design level and the Village is now putting together a Landscaping Committee. A question about graffiti contracts was raised. The residents of Rye Brook are very concerned about this issue and asked what can be done to prevent graffiti. Mr. Fischlein noted that there is nothing that can prevent graffiti but stated that there is a contract in place and if graffiti goes up it will be removed. A suggestion was made to place thorn bushes in front of the wall as a deterrent. Mr. Fischlein suggested that this issue be taken up with the landscape architects and the Village's Committee. The discussion then moved to the noise created by the construction and the effect that it has had on the quality of life of the neighboring residents. A request was made that construction work be done from 10:00 a.m. to 4:00 p.m. on Saturdays. Mr. Fischlein responded that he will look into this and get back to Mayor Filipowski with an answer. 5 A member of the public asked that the potholes on the temporary bridge be fixed much quicker than they have been. Many residents have complained about this issue. Although the bridge has now been patched, everyone was concerned about when it happens again and the speed with which those repairs will be made. Mr. Fischlein stated that with the assistance of the Village's Highway Department these problems have been addressed and repairs have been completed. Everyone will be keeping their eyes on this bridge and any repair work that is required will be completed. Complaints about the trash from the construction crews were noted. Residents stated that coffee cups and other such debris is often discarded by the crews and eventually ends up on private property. The State was asked to look into this matter. The triangle of land between the Hutch,North Ridge Street and King Street was discussed. It was noted that ECCO mistakenly removed the trees in this area and the residents would like to know that they are being held responsible for this mistake. The Village should receive restitution and this area should be replanted with trees similar to the ones that were removed. Mr. Fischlein stated that this area was cleared when it should not have been. The contractor replaced the trees that were removed with Pine trees at their own cost. This is the only instance that this occurred. Mr. Fischlein noted that there are a set of plans that are approximately 600 pages long, two proposal books, and clearing limits which are established based on stations. If anyone is interested in reviewing this material he will make it available to them. As a resident felt that the trees that have been replanted in this area are of inferior duality Mr. Fischlein was asked to look into how Pine Trees were decided upon as replacement trees. The topic of the signal at the Blind Brook High School was addressed. Mr. Fischlein stated that a signal was being installed and a new driveway was being put in to the South of the existing drive on King Street, Mayor Filipowski thanked Mr. Fischlein for his responses. He noted that the Board, and the residents of Rye Brook, look forward to receiving the responses to the questions that need to be researched. Mayor Filipowski returned to the Agenda, and called for the first item under Resolutions: RESOLUTIONS: 1. APPROVING THE USE OF STREETS FOR THE AMERICAN DIABETES ASSOCIATION'S TOUR DE CURE RACE ON SUNDAE', JUNE 4, 2000. Mr. Christopher Russo read the following Resolution: On a motion made by Trustee Herman, and seconded by Trustee Brackman, the Resolution was adopted. 6 RESOLUTION APPROVING THE USE OF VILLAGE STREETS FOR THE TOUR DE CURE RESOLVED, that the use of the Ding Street and Lincoln Avenue for the Tour De Cure race sponsored by the American Diabetes Association on Sunday, June 4, 2000 is hereby approved, Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Trustee Degling suggested that some of the potholes on Lincoln Avenue be filled before the race as they pose a safety hazard. He also noted that the Auxiliary Police will be on duty during the race. Mayor Filipowski stated that although this event is called a race this is really a tour and there is no speed function involved. 2. APPROVING THE USE OF STREETS FOR PFIZER 5-MILE RUN TO BE HELD ON OCTOBER 15, 2000. Mr. Russo read the following Resolution: On a motion made by Trustee Degling and seconded by Trustee Zuckerman, the Resolution was adopted. RESOLUTION APPROVING THE USE OF VILLAGE STREETS FOR THE PFIZER 5 MILE RUN RESOLVED,that the use of the following streets on OctoberI5, 2000 between 9a.m, and 1Ia.m. for the Pfizer Five Mile Run is approved: Betsy Brown Road Elm Hill Drive Old Oak Road Birch Lane Red Roof Drive Old Orchard Road Winding Wood Road North Winding Wood Road South Latonia Road 7 - r Churchill Road Paddock Road Winthrop Drive Berkley Drive Mohegan Lane Bonwit Road Pine Ridge Road Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Ferman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Trustee Brackman noted that during a subsequent.race arrows were painted on Village streets, and a year later they are still visible. She suggested that if it is necessary to draw arrows depicting the route that. something other than permanent paint be used. A resident asked what the purpose of this race was and why was it called the Pfizer race. The response was that as Pfizer was sponsoring this race has been named the Rye Brook/Pfizer 5-Mile Run. It is open to the general public. Chief Santoro noted that there will be Police Officers and Auxiliary Police working during this race and Pfizer will be paying this bill. Pfizer, looking to be a part of the community, has offered to sponsor this race as well as work with the Village on the Rye Brook Birthday Party celebration. Mayor Filipowski noted that the Race, scheduled for October 15, 2000, will begin at 9:00 a,in. and continue through 11:00 a.m. 3. CONSIDERING ADOPTING A REVISED PERSONNEL MANUAL FOR NON- UNION EMPLOYEES AND VIILLAGE-NIDE POLICIES. Mr. Russo read the following Resolution: On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, the Resolution was adopted. RESOLUTION ADOPTING REVISED PERSONNEL MANUAL WHEREAS, on September 28, 1988, the Village of Rye Brook adopted a Manual of Policies and Benefits for nonunion employees, which Manual was thereafter revised on numerous occasions to modify and update its provisions in compliance with new requirements; and 8 WHEREAS, a new updated Manual has now been prepared compiling previous changes and further updating its provisions, and to add a new provision providing for a medical benefits buy-out. NOW, THEREFORE, BE IT RESOLVED, that the revised Personnel Manual dated March 28, 2000 is hereby adopted for full-time, non-union managerial, administrative and clerical employees effective immediately, and such revised Personnel Manual shall replace the previously adopted Manual of Policies and Benefits as amended; and it is further RESOLVED, that Appendix A, B, C and D of the Personnel Manual, setting forth the Code of Ethics, the Policy against Sexual Harassment, the Anti-Harassment Policy, and provisions regarding the Continuation of Health Benefits under COBRA, respectively, shall apply to all Village officials and employees, including, but not limited to employees represented by a union. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Trustee Brackman asked if the provisions on Sexual Harassment have been reviewed. Mr. Ken Powell, Village Attorney, stated that the document has been reviewed. Trustee Roger Herman commented that he felt obliged to comment on Appendix B & CP- the ;the reporting of harassment. Ile noted that the common procedure for reporting harassment is not correctly stated. He asked that this be looked at and corrected. Mr. Russo stated that Labor Council has had discussions regarding this issue and it has acknowledged that there could be circumstances where someone may not report something immediately because of physical, emotional or other reasons. This was taken into consideration when putting together this document. Ms. Amy Schoen asked if this is a public document, open to public scrutiny. Mr. Powell said this document can be read by the public. 4. APPROVING AN INTER-MUNICIPAL AGREEMENT FOR SELECTIVE ENFORCEMENT FOR'TRAFFIC SAFETY GRANT. Mr. Russo read the following Resolution: On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, the Resolution was adopted. RESOLUTION 9 APPROVING AN INTERMUNICIPAL AGREEMENT FOR SELECTIVE ENFORCEMENT FOR TRAFFIC SAFETY GRANT RESOLVED, that the Village of Rye Brook is authorized to enter into an intermunicipal agreement with Westchester County for a"Selective Enforcement For Traffic Safety Grant", for the period of October 1, 1999 to September 30, 2000,under which the Village will receive up to $2,900 for costs of enforcement activity focusing on violations of law for speeding, seat belt and child car seat use, bicycle safety and helmet use, and for passing a stopped school bus; and it is 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 Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5. APPROVING A LOCAL LAW ENFORCEMENT BLOCK GRANT FROM THE DIVISION OF CRIMINAL 3-USTICE SERVICES. Mr, Russo read the following Resolution: On a motion made by Trustee Herman, and seconded by Trustee Zuckerman,the Resolution was adopted. RESOLUTION APPROVING A LOCAL LAW ENFORCEMENT BLOCK GRANT FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES RESOLVED, that the Village of Rye Brook is authorized to enter into a Local Law Enforcement Block Grant Program agreement with the State of New York Division of Criminal Justice Services for the period of March 1, 2000 to February 28, 2 00 1, under which the Village will receive $17,000 in reimbursement for costs incurred in implementing the Watch Your Car Program in the Village and will be required to contribute matching funding of$1,888.00; and it is 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 Brackman Voting Aye 10 Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye G. REFERRING THE APPLICATION FOR A WETLANDS PERMIT TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION. Mr. Russo read the following Resolution: On the motion of Trustee Brackman, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION APPROVING THE APPLICATION FOR A WETLANDS PERMIT FOR DAVID AND ROSE ANN NADASI AT 20 WOODLAND DRIVE RESOLVED, that the application of David and Rose Ann Nadasi to obtain a wetlands permit for the construction of a new single family dwelling at 20 Woodland Drive is approved subject,to the provisions of Chapter 245 of the Code of the Village of Rye Brook; and it is further RESOLVED,that $200 of the $300 paid by the applicants as the application fee, shall be refunded to correct an overpayment. Mr. Craig Studer, of Studer Design Associates, Inc., a landscaping architect, addressed the Board. He noted that, he was before the Board to try and obtain approval of the wetland permit for the applicant. Mr. Studer made a brief presentation of the project. He presented drawings to assist the Board in visualizing what the project would consist of. Mr. Studer noted that the applicant will be demolishing an existing single-family structure,in- ground swimming pool and a shed. The existing structures are closer to the wetland buffer than the proposed construction would be. Where the new swimming pool is proposed there is an existing sanitary sewer system which the applicant will be removing. They will be using the municipal sewer system which will have less of an impact on the wetlands. There have been special design considerations proposed to accommodate the new construction. The house that is being proposed will be built within the setbacks and restrictions of the Village's Zoning Code. The new house will have an increased setback on the wetland buffer which will lessen the impact. The applicant will constrict a G' high wood privacy fence on the property line and they will install and maintain mitigation plantings at the property line. They will also be installing a silt fence between the areas of disturbances, seeding of all areas left exposed for more than 30 days. It was also noted that temporary stockpiling of the soil and building I1 materials during the construction will be done outside the butler area. The applicant has created a comprehensive plan to address all of the elements in regard to erosion and settlement control. The applicant has done his best to minimize impacts to the wetlands. This application is not for a sub-division and they are not changing the use of the property. The applicant hired a wetland soil scientist to complete soil tests and these tests, and the construction in general, has been discussed with the Village Engineer and the Building Inspector. Mr. Studer asked that the Board grant the applicant the permission to begin the work. Mayor Filipowski asked Mr. Carosi for his opinion on this application. Mr. Gerety submitted a memo that states that there was no need for this application to be reviewed by the Environmental Conservation Committee. Mr. Carosi noted that when the application was received both he and the Building Inspector visited the site. After a review of the area the applicant was asked to map the wetlands. The Village Code was referred to, Chapter 245; and they found that if the land was disturbed in an amount over 400 square feet then the Village Board needed to approve the application. Further, the Village Board upon receipt of the completed application may refer the application to the Advisory Council, Mr. Carosi reminded the Board that this property is not within a wetland but rather within the wetland buffer. He felt comfortable that as the application moves forward the Board will find that all questions have been answered and that this project is an approval project. Trustee Brackman asked what Mf, Carosi's impression was regarding the impact on the wetland behind the subject property. Mr. Carosi stated that the Building Department felt that as the applicant is disturbing the site the silt fencing and hay bales should be sufficient in controlling any potential runoff from the site into the existing brook. The silt fences are dug into the ground approximately b"below ground level and extend approximately 3' above. Trustee Herman felt that this application should be referred to the Environmental Council for feedback. Mr. Studer stated that the applicant has already spoken with the County because there are wetlands nearby the applicant's property. The applicant has offered to clean up the area and, in addition, he will be replacing an existing fence to enhance the area. The applicant has taken every extra step possible, including have the survey completed by two different surveyors. Trustee Degling expressed his opinion also felt that the application should be referred to the Advisory Council, allowing it the opportunity to review the documentation. The homeowner addressed the Board. He noted that he was taking a residential parcel of land and building a residence on it. He also noted that the property is not in a wetlands area, but rather within 100' from a wetlands area and in an effort to minimize disturbance he has decided to move the structure further back. As a current and future homeowner in Rye Brook he asked that the Village Board approve his application. Mr. Peter Raider, a resident, stated that prevailing law in situations of this matter should 12 be applied. He felt that this application should move forward. Trustee Brackman appreciated the comments made by the other Trustees about referring this application to the Environmental Conservation Committee, however, she felt that this particular plan should move forward. Trustee Zuckerman agreed with Trustee Brackman. He felt that it was clear from Mr. Carosi's remarks that the application will be passed by , the Environmental Council and the applicant should be allowed to begin construction. Mayor Filipowski stated that this property owner should be allowed to begin construction, depending upon whether there were enough votes for the Resolution to pass. Mr. Powell was asked how to move forward, procedurally. Mr. Powell re-wrote the Resolution: RESOLVED that the application of David and Rose Ann Nadasi to obtain a Wetland's Permit for the construction of a single-family dwelling at 20 Woodlands Drive is approved subject to the provisions of Chapter 245 of the Code of the Village of Rye Brook. It is FURTHER RESOLVED that $300 paid by the applicant as the application fee shall be refunded to correct an overpayment. A new motion was put before the Board by Trustee Brackman, and seconded by Trustee Zuckerman, adopting the revised Resolution. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye The applicant thanked the Board. 7. SETTING THE PUBLIC HEARING DATE OF THE VILLAGE'S 2000-2001 TENTATIVE BUDGET FOR APRIL 11, 2000. Mr. Russo read the following Resolution: On a motion made by Trustee Herman, and seconded by Trustee Brackman,the Resolution was adopted. RESOLUTION SETTING PUBLIC HEARING DATE 2000-2001 TENTATIVE BUDGET RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 11, 2000 at 7:30 p.m, at the Village Hall located at 938 King Street, Rye Brook,New York to consider the proposed 2000-2001 Tentative Budget for the Village of Rye Brook. 13 Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye WRITTEN COMMUNICATIONS: 1. LARRY RAND REGARDING RESIGNATION FROM ETHICS COMMITTEE. Mr. Russo stated that Mr. Rand's resignation from the Ethics Committee was officially received by the Village Clerk. 2. BRUNO GIOFFRE REGARDING THE GARDEN INN Mr. Russo noted that. a letter was received from Bruno]_ Gioffre, Esq. requesting that the matter of the Garden Inn be restored to the agenda for the applicant to present further information relating to the decision rendered by the Board on February 1, 2000. Mr. Gioffre addressed the Board as the representative of the applicant. He respectfully suggested that the course of action that the Board has taken to accept the Scope on the Garden Inn project—referring it out for comments in accordance with the statutory requirements was in the final conclusion not decisive; not final. There were no findings or conclusion given to support the course of action taken and was tentative rather than final. The Board has a mandate to avoid adverse impacts upon the environment. This is best achieved by the preparation and the submission in the formulation of a Proposal for Action of an Environmental Impact Statement. That Statement is required to be descriptive of the proposed action, and of reasonable alternatives to the action. The purpose of the Draft Environmental Impact Statement is to relate the environmental considerations to the inception of the planning process, to inform the public and other public agencies as early as possible about the proposed actions that may significantly affect the quality of the environment, and to solicit comments which will assist the agency in its decision making process and determining the environmental consequences of the proposed action. That draft statement is required to be filed with the affected agency and is to be circulated to the various agencies, as well as to all parties having interest in the project. Once the document is filed then the lead agency is required to decided whether or not to conduct the Public Hearing on the environmental impact of the proposed action. There are time limits for the Hearing to be conducted. A major component of any Environmental Impact Statement must be the consideration of the alternatives to the proposed action. The Board is required to consider the 14 alternatives that will minimize the adverse environmental impacts. The comments from the public and State agencies shall be filed, considered and made available prior to the proposed action to be taken on the proposal which is the subject of the statement. When an agency decides to remove an action which has been the subject of an Environmental Impact Statement it is required to make explicit findings that the requirements of the section have been met and that it is consistent with social, economic and other essential considerations to the maximum extent practical. Mr. Gioffre stated that in this case the action by this Board was the reverse. All agencies are required to implement and to comply with the purposes and the provisions of the statute and to action with minimal procedural and administrative delay and to provide, where feasible, for combined consolidated and expedited proceedings in the interest of prompt review rather than to cause the delay and the inability to get to the issues that are before the Board. The Board did not look at the specifics of the presentation and, therefore, the final Environmental Impact Statement was not permitted to be reached for that reason. The Scope as presented addresses all of the issues which require consideration by the statute which complies with the criteria of the statue. It should have been accepted as a conforming document so that the Board at the end of the process, and following the receipt of the input and the evaluation of the proposals and the consideration of all of the alternatives, could declare its reasoning for disagreeing with any presentations made. In this case the Board has declined to review the Scope as presented and has set forth no reason for it. Not to accept the Scope is wrong and inappropriate. The Board has acted in an arbitrary manner. The Board's obligation is to take a well- reasoned, global look and then to be in the position to make the determination— not to pass on the merits before it got the environmental consideration. In summary, Mr. Gioffre felt that the overriding purpose of the environmental act is to permit the review and the evaluation of a fully informative document following the receipt of comments from interested parties. The process to be followed is required to be speedy and expeditious—meaning that the minute the qualified document is before the Board it should be accepted, issued for comments, and then acted upon. The process is commenced, therefore,by the acceptance of the Scope. The substantive evaluation of the proposal is required by the Statute to be made only following the receipt of comments from interested parties. This is not a request to consider a change of zone but rather a request to observe the adherence to a rule already established by the Board and the declaration of a zoning concept applicable to this site on a historical basis. Mr. Gioffre asked that the Board take the appropriate action and schedule this matter for the next available date, which is April It, 2000. Mr. Silverberg addressed the Board as the representative of the Doral Greens Homeowners Association in order to rebut Mr. Gioffre's statements. He felt that when the Board determined in their legislative discretion that it did not wish to entertain amendments to the Zoning Ordinance. In fact the process that was taking place was not the SEQRA process as Mr. Gioffre noted but rather it was the Board's determination to reject the request to amend the Zoning Ordinance. The Board asked 15 to see an application that complied with the Zoning Ordinance before the application could be entertained. He thanked the Board for following the proper procedure. Mr. Gioff-re replied that the applicant could find relief in the application of a variance, and the bulk of this application is code conforming. This Board has the right, and the duty, to direct the applicant to consider other alternatives. They may be reducing the, size of the project or going for a variance. One of the procedures that the applicant might have considered, but did not do it in that fashion, would have been to file an application that was code conforming and go through the process of considering the alternatives. The applicant has worked with the Board to receive input and comments from the Board, at that time the applicant will come back with a better proposal, That was in the form of the DEIS. The Board acted on the DEIS and not on an application for a code revision. The questions on the code are minimal. The Board, historically, has made a commitment to the development of this particular site for this kind of use. The public has the right to be heard. A second attorney stated that what the applicant was looking for was the approval of the Scoping document that this Village's Planning Consultant himself wrote. The applicant is prepared to proceed and prepare the Draft Environmental Impact Statement in conformity with the Scope. What is before the Board at this time is to approve the Scope. SEQRA regulations require specific timelines to be observed throughout the SEQRA process. Regulations require that the Scoping document be approved within sixty-days of the draft of its submission to the Lead Agency, The Scoping document was submitted seven or eight months ago. The next step in the SEQRA process is to approve the Scoping document and, at that point, the applicant will submit the DEIS to the Board and it will be reviewed and then a decision will be made as to whether or not it is good enough for public comment. If it is not, the applicant will make whatever changes this Board thinks are appropriate. This is where this application stands at this time. Mr. Silverberg stated that many questions remain unanswered, although the applicant has been asked to respond to the several unanswered issues many times over the past several months. In addition,the applicant was asked to consider reducing his application—making it a smaller project. The Board has been very diligent in this case —trying to get information fi•om the applicant. He submitted that the Board made a threshold determination that they did not wish to entertain this application due to the large number of zoning changes. Mayor Filipowski thanked the applicant, and members of the public, for their comments. The Board will continue to discuss this application, which will be placed on the agenda for the next meeting. Mayor Filipowski noted that the next Board of Trustee meetings are scheduled for April 11, 2000 and April 25, 2000. He also noted that the government access channel is now located on channel 71. 16 Mr. Ken Heiler of 22 Lincoln Avenue addressed the Board. He noted that approximately a week ago the Brook changed color and rose approximately 2'. He felt that someone was cleaning out something and dumping it into the Brook and asked that the Village's Engineer look into this matter. A member of the public thanked Gary Zuckerman for his service to the Village of Rye Brook, Trustee Zuckerman noted that this was his last meeting as a Trustee. He thanked the Village for the opportunity to serve the citizens of Rye Brook. Mayor Filipowski presented Trustee Zuckerman with a Certificate of Recognition for eight years of service to the Village of Rye Brook. There being no further business before the Board, the meeting was adjourned at approximately 11.00 p.m. Respectfully Submitted, Christopher I Russo Village Clerk 17