Loading...
HomeMy WebLinkAbout2000-04-11 - Board of Trustees Meeting Minutes MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK TUESDAY,APRIL 11, 2000---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 Lawrence Rand Village Staff attending the meeting were: Village Administrator, Christopher Russo Village Attorney, Kenneth E. Powell .Treasurer, Diane DiSanto Village Engineer, Victor Carosi Assistant to the Administrator, Charles Peretz Superintendent of Recreation, Tom Hronrich Deputy Village Treasurer, Catherine M. Spinosa Police Chief, Robert Santoro Village Consultant, Christian Miller Meeting Secretary, Paula Patafio Mayor Filipowski welcomed the Board of Trustees' newest member, Trustee Lawrence Rand. He then moved to the first item on the agenda and opened the meeting with a public hearing on the Village's 2000-2001 budget. 1 PUBLIC HEARING: 1. VILLAGE 2000-2001 TENTATIVE BUDGET Mr. Russo began the budget presentation with the assistance of Diane DiSanto, Village Treasurer. Before the slide presentation commenced, Mr. Russo took a minute to briefly explain the process that the Village goes through to prepare the tentative budget. Around December, a 6 month status report is sent out to all department heads regarding their budget. They do receive information on a monthly basis, but a six month status report is sent out where they are asked to begin the process for the following fiscal year which starts on June 1'. The Village Administrator is the Budget Office and he/she is obligated to present a tentative budget by March 20t' of each year. The tentative budget is reviewed and a formal hearing is held, along with a number of work sessions. The Village Board is obligated to adopt the budget prior to May I". During the procedure, the operating departments do a thorough review of their expenditures. There is no intent to spend all of the money that is left in the budget. The surplus can be appropriated from year-to-year to balance the budget. The first item that is looked at in preparing a budget is the assessment base. For most of the history of the Village there has been a declining tax base but, for the first time in many years, the tax base has started to climb. A slide was presented showing the 10 year history for the Village. A loss of actual dollars in revenue is seen from 1991 through 1999. 2000-2001 is the first time the Village has seen a significant increase. The third chart, entitled Changes in Tax Rate, showed the percentage of increase from 1991 through 200012001. Questions were raised concerning tax certiorari issues within the Village. Mr. Russo stated that there is always the potential of future tax certiorari. The next set of slides were representative of where our tax payers' dollars go; broken down by percentages. Mr, Russo noted that the biggest single piece of the Village's expenditure goes for Public.Safety. Operations is the next biggest portion, with Parks and Recreation, Human Services, Senior Citizen programs following. The general government portion includes the clerks, financial, computers, administration, and Board of Trustees. Public Works includes contractual costs for sanitation and recycling, highway operations, trees. Public Safety includes dog control, fire and police.Parks and Recreation includes repairs and general work for Village parks, Also presented was the history of the Village's tax increase, the actual amount that is collected in tax revenue. This year it is up a total of approximately$605,000 and,for the first time ever, about half of it, $309,782, is due to assessed value as opposed to an increased tax rate. 2 Mr. Russo presented a slide that depicted where the Village of Rye Brook stands in terms of tax burden within Westchester County. He noted that Rye Brook has the third lowest tax burden in Westchester County. At the completion of the slide presentation, Mr. Russo offered the Board a summary of the budget. He pointed out several changes in the budget and the reason for the change. He stated that the Treasurer's office was proposing changes to staffing, not by adding staff but rather changing the status of people who have been working almost full-time hours and are paid as hourly employees. The volume of work in the Treasurers' office has increased considerably over the years. There has also been an increase in the general office fund for office equipment, The budget also proposes one additional police officer, and a discussion has been ongoing about hiring two additional officers. It also includes two additional firefighters. The Highway Department has restored a position of Highway Foreman/Director of Operations. There has been an increase proposed with regard to the nutrition center. Parks and Recreation's increase reflects the addition of a teen center, which will be located next door to the Village Hall. The house will be made functional for use by the teens, as well as other community groups. The capital budget has an increase which includes roadway resurfacing and sidewalk rehabilitation. With regard to the revenue side of the budget Mr. Russo pointed out that the Pfizer PILOT program should be on line in June. He also noted that mortgage tax and sales tax are up. A discussion regarding various aspects of the budget took place between the Trustees and Mr. Russo. Work will continue on the budget, as it is a tentative budget. Mr.Ken Heller questioned the use of surplus money to balance the budget, Mr.Russo noted that the Village will have surpluses over the foreseeable future to use to balance the budget. The Village is in a comfortable and reasonable position at this time. Lisa Simon, the Rye Brook representative for the Port Chester Library addressed the Board. She asked the Board to maintain the funding that she had requested for the library. The library is well utilized and she urged the residents of Rye Brook to patronize it, Mr. Peter Pitocco asked for clarification of the increases in the budget. Trustee Degling noted that the growth of Rye Brook has resulted in the necessity of adding personnel. If there was no growth, then the increase in the budgets would be unnecessary. For example, if there was no growth, Rye Brook would not be adding another police, or highway department position. Mr. Dean Santon of Hillandale Road questioned the take over of Ridge Street from the County. Mr. Russo stated that this was a deal that was being looked into, and negotiated. Until the Board is totally satisfied with everything that the County is willing to do regarding 3 I improvements, they do not know whether the village will assume ownership. Mr. Santon asked how sidewalk maintenance was being budgeted for. He stated that he did not believe that the residents along Ridge Street are aware that once the sidewalks are put in, they will be responsible for maintaining them. Mr. Russo noted that this is in the Village Code and he felt that most residential homeowners are aware that they are responsible for the sidewalks along their property. Mr. Santon asked about the two officers who are currently out on disability, He questioned whether the Village had to hire an additional officer as a result these two officers being out. He noted that one officer has been out for five years and the second has been out for three years. He wanted to know what the Board has set for a `game plan' for dealing with this issue. He reminded the Board that there is a cost factor involved for the Village and asked what could be done and if the Village could replace them. Mr. Russo noted that long term disability cases are regulated by the State of New York. The additional police officer is being hired because of the growth of the community. Mr. Santon asked if the improvements for the house, which will be used for the teen center, was included in the budget. He asked if the taxpayers are aware of what this total project will cost them, including the acquisition of the property. Mr. Russo noted that the numbers are in the budget,including the estimated numbers for changes that need to be made to the house. Mr. Santon felt that rather than a teen center this house would be better utilized for a firehouse, especially considering that the property alone was$350,000. He felt that this was a substantial investment for the Village to be spending on their teens. Mayor Filipowski stated that this has been evaluated. He reminded Mr. Santon that the topic under discussion was the budget and asked him to return to the topic under discussion. Trustee Degling noted that the budgeted revenues from building permits and things of that sort are considerably below what the actual receipts have been. This has been done intentionally in-order to avoid receiving one-shot monies. The income from building permits this year is approximately $600,000 but the budgeted revenue was $250,000. They tried to be conservative in that sense. Trustee Jody Brackman responded to one of Mr. Santon's comments, She noted that it was not the Board's intention that the house next door be used only for the teen center. This house will be a community resource that will be available to other groups during the day and at the times that the teen center is not using it, She pointed out that on this evening's agenda there was a community group, the Moms Club of Rye Brook,who were interested in utilizing some space in the house, Mr. Russo noted that the house already has two uses in place; the ambulance corps has decentralized and they are working out of the house. The second use will be the Historical Society, which will use a room for records and research. Trustee Brackman was concerned that this was not clear and she stated that this was her reason for discussing it at this time. 4 There being no further discussion or comments regarding the tentative budget, Mayor Filipowski asked for a motion to close the public hearing portion of the meeting. On a motion made by Trustee Rand, and seconded by Trustee Degling, the public portion of the hearing was closed. Mr. Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye A meeting was set for Monday, April 17"'for the Board of Trustees to complete work on the budget. Mayor Filipowski moved to the Resolution portion of the meeting: RESOLUTIONS: 1. ANNUAL MEETING RESOLUTIONS Mr. Russo summarized the following resolutions. RESOLUTION 2000 DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED,that Francis L Filipowski of 260 Besty Brown Road is hereby declared reelected to the office of Mayor of the Village of Rye Brook for a two year term of office; and be it FURTHER RESOLVED, that Donald Degling of 5 Elm Hill Drive is hereby declared reelected to the office of Trustee of the Village of Rye Brook for a two year term of office; and be it FURTHER RESOLVED, that Lawrence Rand of 30 Hillandale Road is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two year term of office; and be it FURTHER RESOLVED, that said term of offices are effective at noon on the 1 st Monday of April 2000. 5 RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Russo, of 14 Jennifer Lane is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE ATTORNEY RESOLVED,that Kenneth E. Powell of 21 Hillcrest Lane in Rye,NY is hereby appointed as Village Attorney for the Village of Rye Brook for the next ensuing official year. RESOLUTION RETAINING VILLAGE LABOR COUNSEL RESOLVED, that the law firm Rains &Pogrebin, P.C. (Craig R. Benson, Esq.) is hereby retained as Labor Counsel for the Village of Rye Brook for the next ensuing official year subject to the terms of the retainer letter dated March 31, 2000. RESOLUTION RETAINING VILLAGE TAX CERTIORARI COUNSEL RESOLVED,that the law firm Oxman, Geiger,Natale& Tulis,P.C. (Mark S. Tulis, Esq.)is hereby retained as Tax Certiorari Counsel for the Village of Rye Brook for the next ensuing official year subject to the terms of the retainer agreement dated April 26, 1994. 6 RESOLUTION RETAINING VILLAGE RISK MANAGER RESOLVED, that Risk Management Services, Inc. (Allan H. Bader) is hereby retained as Risk Manager for the Village of Rye Brook for the next ensuing official year subject to the terms of the Risk Management Proposal dated August 24, 1993. RESOLUTION RETAINING ENGINEERING CONSULTANT RESOLVED, that Dolph Rotfeld Engineering, P.C. (Dolph Rotfeld, P.E.) is hereby retained as Engineering Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms of the Engineering Consultant Agreement dated May 19, 1995 and revised hourly fee schedule, received March 30, 2000. RESOLUTION RETAINING VILLAGE PLANNING CONSULTANT RESOLVED,that Frederick P. Clark Associates,Inc.,(Christian K.Miller, AICP)is hereby retained as Village Planning Consultant for the Village of Rye Brook for the next ensuing official year subject to the rate schedule dated March 31, 2000. RESOLUTION APPOINTMENT OF VILLAGE ASSESSOR RESOLVED, that William Wendlandt, Assessor for the Town of Rye, is hereby appointed as the Assessor for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED, that Hope Vespia, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook, effective immediately. 7 RESOLUTION APPOINTMENT OF REGISTRAR OF VITAL STATISTICS RESOLVED, that Frances Nugent, Registrar of Vital Statistics for the Town of Rye, is hereby appointed as the Registrar of Vital Statistics for the Village of Rye Brook for a two-year term. RESOLUTION APPOINTMENT OF VILLAGE AUDITOR RESOLVED, that Steve Sinder of 15 Meadowlark Road is hereby appointed as the Village Auditor for the Village of Rye Brook for the next ensuing official year. RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURER RESOLVED, that Catherine M. Spinosa of 61 ,Scenic View in Yorktown Heights, NY is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED, that the second (2nd) and fourth(4th) Tuesday of each and every month are hereby designated as the Meeting night of the Village of Rye Brook Board of Trustees; and be it FURTHER RESOLVED, that said meetings are to commence at 7;34 p.m. RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED, the Mayor, the Village Administrator, Village Treasurer, and Deputy Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it 8 FURTHER RESOLVED, that the Treasurer and Deputy Treasurer are authorized to sign Bonds, Bond Anticipation Notes (BANs) and other obligations of the Village; and be it FURTHER RESOLVED, that bank internal transfers and out-going wires from one account to another can be made by telephone, online with Bank of New York Direct 24 and Bank of New York Prism Investment Program with Merrill Lynch and Lehman Brothers as custodian,or by voice or data transmission by any one of the above named signatories or by Catherine M. Spinosa or Diane DiSanto, followed by written confirmation to the bank in accordance with the Village's Investment Policy, RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that the Bank of New York, Chase Manhattan, First Union National Bank, Hudson Valley Bank and Fleet Bank are hereby designated as depositories for the Village of Rye Brook. RESOLUTION REVISING THE VILLAGE PROCUREMENT POLICY RESOLVED, that the Village hereby adopts the revised Village Procurement Policy dated April 11, 2000,which includes a requirement for the use of purchase orders for purchases in excess of$1,000, rather than $500. RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPERS RESOLVED, that the Journal News, or the Westmore News or the Sound Shore Review are hereby designated as the official Newspapers of the Village of Rye Brook for the next ensuing official year, 9 _ f RESOLUTION FRIENDS OF RYE BROOK, INC. RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the attached rules of procedure of the Board of Trustees as adopted for the previous Village official year are hereby re-adopted and promulgated, for the Village official year, commencing the first Monday of April, 2000, VILLAGE OF RYE BROOK BOARD OF TRUSTEES RULES OF PROCEDURE 1. MEETINGS OF THE BOARD OF TRUSTEES. Meetings of the Board of Trustees of the Village of Rye Brook (hereinafter referred to as Village Board) shall be on the second (2nd) and fourth(4th) Tuesday of each month, except if such a Tuesday is a holiday, the meeting shall be held on the next day. Meetings shall be called to order at 7:30 p.m. 2. SPECIAL MEETINGS. Special Meetings may be called by the Mayor and shall be called by him at the request of any two Trustees by their giving the Mayor written notice thereof,which written notice shall contain a statement of the purpose for which the special meeting shall be called, and shall also state the date, time and place for the holding of such meeting. 3. NOTICE OF SPECIAL MEETINGS. The Mayor shall cause written notice of a special meeting to be left at the residence or place of business of each member of the Village Board at least six hours before the time for which such special meeting is called. Such notice shall state the object for which such special meeting is called and shall also state the time and the place of the holding of such meeting. In lieu of the aforesaid method of service of notice of a special meeting, the Mayor may cause written notice of such special meeting to be sent to each member of the Village Board by special delivery mail, directed to the residence or place of business of the member, at least 10 twenty-four hours before the time for which the meeting is called. Notice requirements may be waived by the written acknowledgment of a Trustee that he had actual notice of the Special Meeting. 4, TRANSACTION OF BUSINESS AT SPECIAL MEETINGS. At special meetings the business to be transacted thereat shall be only that stated in the notice of such meeting, except that any other business may be transacted at such special meeting by the unanimous consent of all the members of the Village Board. 5. AGENDA: A clerk shall prepare an agenda for each meeting of the Village Board which shall list the matters to be considered by the Village Board at such meeting, and which shall include a reference to all communications and other matters in writing,which have been received by the Clerk, not later than noon of the sixth day preceding the date of the meeting. Said agenda shall list the matters to be considered by the Village Board insofar as is possible in the order set forth in rule 6 (hereof), The Clerk shall arrange for the delivery of a copy of the agenda to each member of the Village Board not later than the morning of the third day preceding the date of the meeting. At any time, after 9 a.m. of the second day preceding the date of each board meeting, the Village Clerk shall during regular office hours furnish to any person appearing personally at the office of the Village Clerk, a copy of the agenda and a copy of any communication or any other written document which accompanies or is part of any item appearing on the agenda. The person appearing and making such request shall pay to the Clerk the sum of 25¢for each page or part thereof requested by said person. The Clerk shall not be required to reproduce any documents or pages which are not readily reproduced by the average copying machine. Items not listed on the agenda may be considered by the Village Board as new matters, however, no matter shall be acted upon at a meeting of the Village Board unless listed in the agenda except by unanimous consent of all members of the Village Board present at the meeting, Items may be added to the agenda by any board member delivering a written communication to the Clerk, not later than seventy two (72) hours prior to the meeting. 6. ORDER OF BUSINESS. The order of business at meetings of the Village Board shall be as follows: 1. Roll Call. la. Flag Salute. 2, Public Hearings concerning Local Laws. Introduction of the proposed law, Statement by mayor and report of committees. Discussion and action on proposed law. 3. Public Hearings concerning other matters. 11 Introduction of proposed resolution or ordinance. Statement by Mayor and report of committees. Discussion and action on proposals. 4. Old Business, 5. New Business. 6. Action on non-agenda matters, subject to the unanimous consent of the Trustees present at the meeting, 7. SUSPENSION OF REGULAR ORDER OF BUSINESS. The regular order of business at a stated meeting may at any time be suspended by the affirmative vote of two-thirds of the members of the Village Board present at such meeting. 8. ORDER OF BUSINESS AT SPECIAL MEETINGS. The order of business at special meetings of the Village Board shall be as follows: I. Roll call. 1 a. Salute to the Flag. 2. Consideration of business specified in the notice of the special meeting. 3. Consideration of other business, if unanimous consent given by all members of the Village Board. 9, EVERY MEMBER PRESENT TO VOTE. Every member of the Village Board present at any meeting thereof, when a vote is taken, shall vote for or against, unless excused from voting by the Village Board. In the event of a roll call vote, silence when a Trustee's name is called shall be deemed an affirmative vote by the Trustee. Roll call vote shall be called in alphabetical order of the last name of the Trustee. The Mayor shall be the last one to cast a vote. 10, WITHDRAWAL OF MEMBER FROM MEETING. No member shall withdraw from a meeting of the Village Board without the permission of the Mayor, I. ROBERT'S RULES OF ORDERREVISED FORDELIBERATIVE ASSEMBLIES TO BE USED. All questions of order or procedure of the Village Board not herein provided for shall be decided in accordance with Robert's Rules of Order Revised for Deliberative Assemblies. 1. LOCAL LAWS. In introducing, presenting and transmitting local laws, the following procedure shall be followed: a) Every local law shall be introduced by a member or on the report of a committee b) If a local law purports to change or supersede any provision of an act of the legislature or to amend an existing local law, it shall show all the new matter underscored and all the matter to be 12 eliminated in brackets and when such local law is printed or reprinted all new matter must appear in italics and all matter to be eliminated, in brackets. c) Every local law introduced shall be deposited with the Village Clerk and shall be read in its order of introduction when the order of business "Introduction of local laws" shall be reached. d) The Clerk shall cause every local law immediately upon its introduction to be copied (or printed) and placed on the desks of the members;he(she)shall number them consecutively as received. Such number shall be retained as an introductory number. Each local law shall also have a print(or draft) number,and if the same is printed(or redrafted), the original print(or draft)number shall be retained and there shall be added its new print (or draft)number. 1. COMMENTS BY MEMBERS OF THE PUBLIC. The Mayor shall entertain comments as to the merits of any item on the agenda, from members of the public, such comments to be limited to statements not to exceed three minutes in length. Any statement not germane to the items on the agenda shall be out of order. The Mayor shall have the discretion to withhold recognition of members of the public until the agenda has been completed. Any member of the public may request additional speaking time by writing to the Clerk forty eight (48)hours in advance of the meeting. The granting of such additional time shall be subject to a voice vote of the Village Board. 1. COMMUNICATIONS. No communications to the Village Board shall be read at a meeting unless so directed by the Village Board, which direction may be made by voice vote. The Mayor shall entertain a single motion to file, spread and record separately on the minutes of the meeting, all communications presented to the Village Board. 1. RECORDING OF PROCEEDINGS OF MEETINGS. No person shall record the proceedings of the meetings of the Village Board, or any part thereof,by electronic or any other type of recorder, not with a"steno-type"or similar machine,nor by motion picture,television or any other type of camera or visual record, nor shall any person broadcast or transmit the proceedings, or any part thereof, by radio, television or any other means of broadcasting or transmission, without having previously made application, in writing, to the Village Board at least ten days in advance of the meeting for which permission is requested and without having received written permission therefore. This rule shall not be construed to prohibit the making of notes by any person or persons at such meetings, whether or not such notes shall constitute a complete transcript of the proceedings, nor shall this rule apply to the Village Clerk or to members of the Village Board, 1. EXECUTIVE SESSIONS. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be 13 considered, the Village Board may conduct an executive session for the below enumerated purposes only, provided however, that no action by formal vote shall be taken to appropriate public monies, a) matters which will imperil the public safety if disclosed; b) any matter which may disclose the identity of a law enforcement agent or informer; c) information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; d) discussions regarding proposed, pending or current litigation; e) collective negotiations pursuant to article fourteen of the civil service law; f) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; g) the preparation, grading or administration of examinations, h) the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, held by such public body, but only when publicity would substantially affect the value thereof, i) review or consideration of communications between the Village Board and its Attorney; j) deliberation or negotiations with respect to labor agreements or related matters; k) consideration of matters which would be likely to affect the reputation of any private person; 1) any other matter which Federal or State law permits to be discussed in executive session. Attendance at an executive session shall be permitted to any member of the public body and any other person authorized by the public body. Nothing herein contained shall be deemed to preclude the Village Board from meeting in executive session to consider any other matter which for reasons of the public interest requires such executive session. 17. The words he, him or his shall be deemed to refer to singular and plural and to persons of any gender. (Originally adopted January, 1983; revised April 14, 1998) Mayor Filipowski thanked Mr. Russo for his summary. On a motion made by Trustee Brackman, and seconded by Trustee Rand,Mr. Charles Peretz called the role; 14 Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski called for the next item on the agenda: 2. APPROVING THE USE OF STREETS FOR THE KIDS WHO CARE BIKEATHON. Mr. Russo read the following Resolution: RESOLUTION AUTHORIZING THE USE OF STREETS FOR KIDS WHO CARE BIKE'ATHON RESOLVED,that the use of Holly Lane,Fairlawn Parkway,Whipporwill Road,and Country Ridge Drive for the Kids Who Care Bikeathon on Saturday, April 29 from 1:00 p.m. to 3:00 p.m is hereby approved. On a motion made by Trustee Herman, and seconded by Trustee Brackman, Mr. Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski called for the third item on the agenda: 3. CONSIDERING THE ADOPTION OF THE SCOPE OF THE DEIS FOR THE KF RYE BROOK/GARDEN INN APPLICATION. Mr. Russo read the following Resolution: RESOLUTION ADOPTION OF REVISED SCOPE OF DEIS FOR THE KF RYE BROOK/GARDEN INN HOTEL APPLICATION 15 WHEREAS, THE Board of Trustees, acting as Lead Agency, adopted a Positive Declaration for the application by KF Rye Brook/ Garden Inn Hotel to construct a 154 room hotel on property located on Anderson Hill Road; and WHEREAS, on June 18, 1999, a Draft Scope of DEIS was circulated to involved and interested agencies; and WHEREAS, a Public scoping session was held on Wednesday, June 30, 1999; and WHEREAS, the written comment period on the Draft Scope was closed on July 6, 1999; and WHEREAS, the Draft Scope was revised in response to comments received during the public Scoping Session and the written comment period. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Scope of the DEIS dated July 9, 1999, is hereby adopted for the application by KF Rye Brook/ Garden Inn Hotels to construct a 145 room hotel on property located on Anderson Hill Road in Rye Brook; and be it FURTHER RESOLVED, that the Village Administrator is hereby directed to circulate the Scope as required by law. Trustee Herman noted that there was a proposal that the environmental impact statement include, as an option, a design in which the hotel would be built within the zoning regulations. Trustee Degling stated that it was noted on page 24, under title section III d3. Mr. Christian Miller noted that there was an additional alternative that provided for no wetlands or wetland buffer disturbance. He stated that these alternatives will be available. Mayor Filipowski noted that plans will show these alternatives. Mr. Miller agreed, stating that they would not have the same detail but enough that a comparative analysis could be made. Trustee Rand asked for clarification of the traffic study that was being done. Mr. Miller noted that there were several projects being constructed at this time. The traffic study will not only examine the impact on the current situation, but will also take into consideration the impact of traffic from developments that have not been completed. The study will be required to analyze traffic at peak hours. Mayor Filipowski asked if there was anyone who wished to make any comments. Mr. Steven Silverberg of Kirkpatrick and Silverberg addressed the Board as representative for the Doral Greens homeowners. He asked the Board to vote against approving the 16 application before the Board this evening. He noted that they voted no before the elections because they wanted the applicant to return with an application that complied with zoning. It was noted that the applicant will submit a plan that is code compliant, but it will not be in the same detail as plans have been submitted. He felt that by adopting the Scope and treating the applicant's submission as the proposed action seems to suggest that the thrust of the application will be towards changing the zoning of this property and the hotel district. It was his opinion that the Board of Trustees was not required to do this. He cited a case which dealt with White Plains back in the mid-80's where New York Hospital made an application for a change in zoning. In that case, the court noted that, the corresponding provision of the Town Law and Village Law concerning the power to make change in zoning ordinances conferred no such right upon an individual landowner to compel the respective legislative bodies to take formal action upon his request for a change in the zoning of his parcel." He stated that the Village of Rye Brook is under no obligation to make changes to the zoning ordinance. Therefore, he requested that the Board adhere to their prior determination and not entertain proposed amendments to the zoning code. He asked that the applicant again, be requested to re-submit a conforming application. Mr. Mike Tedesco, President of the King Street Area Homeowners Association, stated that he was at the meeting where the Board of Trustees voted this application down and he was surprised that this was again being discussed. He felt that nothing has changed about the property or the situation. He stated that this area of King Street is a residential area and he felt that this hotel was not appropriate for the surrounding area. His organization has concerns about the apparent spot zoning of this site. He was at this meeting to communicate to the Village of Rye Brook that his organization would like to see that site developed, but with the type of development that would keep with surrounding residential and park like character of the surrounding area. He felt that Pepsico was being a bad neighbor and that there are many other uses for the property, such as low density residential usage. Mr. Monroe Haas of the Blind Brook Board of Education addressed the Board. He reviewed some of the school district's financial data. He noted that in 1987/88 the school budget was $8,673,000 and now it is $17,841,000, an increase of over $9M. The tax rate for 1987 was $178.79 per thousand. It is now proposed at $453.64, an increase of $274.85 or a 153.7% increase. He noted that the assesable figure has been reduced by over $7M in that same time frame, a reduction of 16.6%. It is important to realize that the proposed Garden Inn will provide tax monies, with no additional students, but the Village should make sure that an approval would not be followed by a certiorari. We must be cognizant of the economic impact on our older population, especially those on fixed retirement income. Many of these individuals have spent most of their lives in our community and we owe it to them to protect them and their financial interests. It is important that a satisfactory Garden Inn size is reached; and that an appropriate asessable 17 figure is decided upon with protection from future reduction by certiorari. He felt that this project made sense for Rye Brook, and for the school district. Mr. Julian Juster of Doral Greens asked why, since this resolution was already defeated by the Board, the Board was considering this application again, He was surprised at the Board of Education's position and questioned whether the Board of Education was trying to arrange who should move into Rye Brook. He noted that there were other projects, that could yield tax revenues, that could be built. The fact remains that this application was voted down at the last meeting because it was no different from the previous applications. He could not understand how the applicant could come before the Board again with the exact same application for a hotel, ignoring the zoning situation. Mr, Bob Richardson of the King Merritt Association felt that this was a case of spot zoning. It was his opinion that a hotel will adversely effect the homeowners. He noted that this hotel will place additional claims on water, and the water pressure in this corridor is already very weak. He urged the Board to vote against this application and to not issue any variances or to change the zoning. A project of this type will increase traffic on King Street, and bring trucks into the area (for deliveries). They felt that the zoning in this area should be changed to allow for an appropriate residential, single family housing. A hotel of this size will result in a decline in property value on both sides of the state line. Mr. David Dechton, the co-president of King Merritt Association noted that all area residents are very concerned about the development of King Street and would like to preserve the residential nature of the area. The Board of Trustees has it within their power to allow a hotel on the site as presently zoned, but they hoped that financial considerations would not serve as a determining factor. What is appropriate for Rye Brook, and the residents, should be considered. Mr. Dean Santon of Hillendale Road felt that the interest of the residents of Rye Brook and the residents of Greenwich are not the same. He referred to the traffic light at the Hutch, where Rye Brook feels a traffic light should be constructed but Connecticut does not. It was his understanding that the three acres of land in Greenwich will be left untouched. That means, Greenwich residents will still see undeveloped land, The impact will be much stronger on Doral Greens, in Rye Brook. It was his belief that whatever is done on that site should be done responsibly. He asked for clarification of the Resolution before the Board this evening. He asked for an explanation of where this application is deficient. Mr. Miller stated that this Resolution is to come up with an outline for a document, the Environmental Impact Statement. This outline has been on the Board's agenda for about six months. The outline illustrates the nature of the application and identifies those impacts which must be studied; i.e.: traffic, services, wetlands, water, etc, This outline 18 was subject to public comment and has been revised in response to public comments. It is now being considered by the Village Board in order to direct the applicant to prepare the document in accordance with the guidelines. Bruno Gioffre, Esq. addressed the Board on behalf of the applicant. He commended the Board for the patience that they have shown this evening in light of many of the comments that have been made. He stated that many of the comments were inappropriate and, in many instances, illegal, The suggestion that the Board is engaging in spot zoning if it acts on this application is incorrect. Mr. Gioffre stated that he was unable to attend the last meeting due to illness, but he believed that there was a misunderstanding at that time, as evidenced by the statements of some of the speakers this evening. The Board is acting in accordance with the requirements by law and the mandate that a project be considered on a site that is zoned for the use that is being proposed. Although the Board is not debating whether the zoning of this site should be changed, there is a possibility that there can be a change on the text, having to do with the implementation of the use and not the use itself. The adoption of this scope would allow the Board to engage in a process that will lead to acceptance, modification or rejection based on the merits of the application and not its use. He also noted that nothing requires Rye Brook to compromise with Greenwich simply because they want more than their three acres of pristine green land which will remain unchanged by this application. Further, he reminded the Board that the scoping document does contain a code compliant option, There are provisions that call for text changes, and the applicant hopes that text changes can be enacted by the Board of Trustees to determine or redetermine the setback issues. There is no question that this site is zoned for a hotel. Mr. Gioffre noted that this evening what the applicant was requesting was that the Board adopt a Scope, receive comments during the statutory period and allow this application to get to the point of acceptance, in whatever fashion the Board chooses and is acceptable to the applicant. At the last meeting, the misconception was that the Board was acting in finality on the application . The applicant is asking that the Board adopt the Scope, check the procedures necessary and allow this process to continue. In this way the applicant can receive, at the appropriate time, the kinds of comments that are part of the substantive process. He asked that the Board vote in favor of adoption of the Scope. Trustee Rand expressed his opinion that the responsibility of the Board was to look holistically at the needs of the entire community. We are at the beginning of a long process where answers to many questions need to be sought. He felt that moving ahead on the Resolution would allow the Board to investigate the multitude of questions that have been raised. Trustee Brackman reinforced the message that Mr. Gioffre clarified. The last time the Board voted on accepting the Draft Environmental Impact Statement, the Board was not 19 voting on the application they were voting on the scope of the environmental issues to be considered as the application moves forward and not a judgment on the ultimate application. This property has been zoned for hotel use for approximately 15 years. If a smaller code complaint application is proposed then the Board must move forward on it. Mr. Ken Heller of Lincoln Avenue noted that this property has been zoned for a hotel for a very long time. If a hotel is built here there must be prior agreement that they will not, for five or ten years, come in for a tax certiorari. Mr. Heller felt that everyone would be much more comfortable if an agreement could be made beforehand, stating that the applicant could not seek tax certiorari relief for a specific number of years. Mayor Filipowski asked Mr. Powell, Village Attorney, if this was a possibility. Mr. Powell did not believe that this was legal, but he would look into this issue. It was pointed out that many of the developers who have come before the Board have applied for tax certiorari soon after completion, Mr. Bob Richardson stated that the residents of King Merritt are not trying to meddle in Rye Brook's affairs. They believe that they have the right to appear simply because they are directly impacted as residents right across the street. If an issue affected Rye Brook residents they would expect to see them at the Greenwich meetings. Mr. Nick Lyrus of Doral Greens asked to make a factual correction. The Greenwich property is zoned for residential, and a portion of the property that is in Rye Brook is also zoned residential. This property is not all H1. Mr. Will Ritter, of the King Street Area Homeowners Association stressed that the King Street Area Homeowners Association is an association that is comprised of residents of both Greenwich and New York. Everyone is concerned about tax dollars and he asked that the Board consider the impacts of the application as they relate to property values. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was approved. Mr. Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 20 4. APPOINTMENT TO THE PORT CHESTER/RYE BROOK JOINT YOUTH BOARD Mr. Russo read the following Resolution: RESOLUTION APPOINTMENTS TO THE PORT CHESTER/RYE BROOK JOINT YOUTH BOARD RESOLVED, that Eugene Matthews of 12 Woodland Drive is hereby appointed as a member of the Port Chester 1 Rye Brook Joint Youth Board. On a motion made by Trustee Herman, and seconded by Trustee Brackman, Mr. Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski moved to the Discussion portion of the meeting. DISCUSSION: 1. MAYORAL APPOINTMENTS OF LIAISONS WITH SCHOOL DISTRICTS AND VILLAGE BOARDS, COMMITTEES, AND COMMISSIONS Mayor Filipowski noted that a number of other communities designate individual Trustees to be the official liaison member of Boards, Committees and Commissions. Their task is to maintain communication between the Board of Trustees and the Village's Boards, Councils and Commissions. He designated Trustee Herman to be the liaison with the Port Chester School Board, the Advisory Council on Environmental Conservation, and the Youth Bureau. Trustee Degling was designated as Liaison with the Planning Board, the Birthday Committee, the Tree Committee and the Telecommunications Commission. Trustee Brackman was designated as the liaison with the Blind Brook School Board, the Advisory Council on Parks and Recreation, and the Zoning Board of Appeals. Trustee Rand was designated as the liaison with the Traffic Committee, the Architectural Review 21 Board and the Facilities Committee. Although it is not necessary to attend meetings, Mayor Filipowski hoped that each of the chairpersons of these groups will maintain contact and ensure that information is totally up-to-date. 2. VILLAGE-WIDE MEETING ON LOCATING A FIREHOUSE Mayor Filipowski felt that it was time for a meeting regarding this issue. Trustee Brackman felt that this was a good idea as there was a substantial amount of information that needed to be discussed. Trustee Degling stated that this was the proper approach to this issue. It would be an opportunity to present the information, objectively, the various possible sites can be considered with their advantages and disadvantages. The background information should be reviewed and discussed, and in this way can assist the Board in their decision making. In this way everyone will be aware of all of the facts. This meeting was scheduled for Wednesday, May 24". It will be announced on the government channel and placed on the website. This meeting is scheduled for 7:00 p.m. and will be held at the Anthony J. Posilllipo Community Center. The Board then addressed Written Communications. WRITTEN COMMUNICATIONS: 1. DAWN MEGLINO, PRESIDENT, MOMS CLUB OF RYE BROOK, RE: MEETING SPACE. Mr. Russo summarized the request. He noted that this is a newly formed group of mothers who have interrupted their careers to be with their children, They have approximately 35 members and are looking for a place to hold monthly meetings. The Village's Risk Manager felt that the problem here is that this group does not have insurance. The Board can waive the insurance requirement. Trustee Brackman suggested that perhaps the Recreation Department could supply supervision. This issue will be re- visited at the next meeting, allowing opportunity for more information to be gathered. 2. WILLIAM GERETY, BUILDING INSPECTOR, RE: UNSAFE STRUCTURE AT 23 HILLCREST AVENUE. It was noted that this building is not only an eye-sore,but a hazard. The owner has been notified and nothing has been done. It is now time for the Village to ensure that this issue is addressed. As a result a certified letter was sent to the owner and future expenses will be assessed to the owner's taxes. 22 Mayor Filipowski stated that if members of the public know of situations such as this with buildings that are hazardous, they should inform the Village Board so that steps can be taken to correct the problem. Mayor Filipowski announced that the next Board meetings will be held on April 25" and May 9`i'. Mayor Filipowski addressed a problem with the Cable Station. He noted that the cable company has changed the location of stations. The government access channel has been moved from channel 14 to 71. Other municipalities have circulated resolutions objecting to the rearrangement of the line up of the cable channels. Mr. Powell felt that this would require research of both the Cable Act and the Franchise Agreement to determine if the Village can do anything. Mr, Russo noted that channels 14, 15 and 16 were switched to 71, 72 and 73 on March 28 . Some televisions do not have these channels programmed in them, but you can get to these channels by using the remote control. If you have an older T.V., the cable company will provide a box which will enable you to access these channels. If you have questions you should contact the cable company at 914-777-9000. Mr. Pete Sgro put this issue in proper context. Cable Vision enacted this comprehensive change in the channel line up, moving the local access channels from 14-16 through 71-73. The issue is that anyone who purchases the basic channels cannot get channels 71-73 as they now need converter boxes. Cable Vision has taken advantage of a mandate and procured extremely desirable channel locations for their own owned and operated MSG and Metro Channels. Cable Vision will provide to anyone who has basic service or televisions that won't tune past channel 13 a free tuner and free remote. He felt that it was important for the Board to restore access to the public access channels. Mayor Filipowski noted that there will be announcements on the website and the cable channel reminding people to call the Village about stagnant water where there is potential for the West Nile problem. Arbor Day is April 28`x' and a ceremony will be held at 11:00 a.m. at the intersection of Hawthorne and Westchester Avenue, This will be the first tree planting as part of the Gioffre Memorial that will be set up there. A March of Dimes Walk-A-Than will be held on April 30`x'. The walk begins at Saxon Woods Pool and it is an eight mile walk. A bus will be traveling with the walkers and participants do not have to walk all eight miles, the bus will pick them up when necessary. If any resident is interested they should contact Charles Peretz at 93 9-1121. Debbie Faust of Winding Wood Road raised several questions regarding the Hutch. The work began at 8:00 a.m, on Saturday morning, which is much better than 6:00 a.m. Ms. 23 Faust wanted to make sure that work would not start any earlier during the summer months. Mayor Filipowski stated that he was at the construction site on Saturday and work did not begin until 5:00 a.m. and the Village is staying on top of this situation. Ms. Faust asked what was happening with the property that belongs to the ,State, which is adjacent to the homeowners' property. Mr. Powell felt that it would remain State property, If problems arise on that property, such as drainage or if the trees that are planted there die, the State will be responsible. Charles Peretz give a brief report about the Hutch construction. He stated that Walter Greenwood and Boris Vays were very quick in responding to questions raised at the March 28"meeting. A response was forwarded on April 3" and a comprehensive response was received on April 1 I`1i. The first question that they dealt with was in regard to the proximity of Rocking Horse Trail and the Southbound exit ramp from the Hutch. Their response was that there will be 100' from the new ramp and Rocking Horse Trail. With the improved site distance no turning problems are anticipated. The next response was with regard to the opening of Ramp K when the Southbound ramp is opened during the next phase of the work. The Board felt that the Ramp K intersection with North Ridge Street and the temporary bridge detour will be too confusing. The State agreed and will comply accordingly, The next issue was the existing and new drains needed to be covered in traffic areas. They found that only the existing basins were the problem, a problem that existed prior to construction, but these basins will be rebuilt as work progresses. The purpose of this work will be to correct problems, but it can't all be done instantly. The next stage of construction between Purchase Street and North Ridge Street will allow the State to correct this condition. The next issue was that the stop bars and crosswalks at Ridge Street and Ramps L and I need refreshing. This work was completed on March 30111. The next issue was that the King Street Exit - '/z mile -was not clearly visible. A temporary message board was installed and is currently operational. The Village Board expressed its desire to prohibit left turns onto Ramp L from North Ridge Street in Westbound traffic. This issue has been referred to Regional Traffic and Safety. They questioned signage on the project. Residents felt that directions are not posted well enough for people passing through to navigate the area, The State noted that all signs that are required by Traffic Control are posted, and they will continue to evaluate the signage as work progresses. Regarding the noise walls, residents expressed a concern about ponding on the property owners' side. The contractor has daily operations of shaping and seeding along noise walls. The contractor has forces installing additional drains. Winding Wood and Country Ridge noise wall restoration will be completed by April 7'. Another issue was the trash that the contractor leaves behind. It was noted that the contractor continues to clean-up, shape up, and seed along the noise walls. Part of this 24 work is picking up construction debris and trash that might have been left by workers, however, the contract is not required to provide any work outside the restricted work area established by the noise wall installation. They are required to restore areas that were disturbed by construction. Some residents felt that the drainage culverts and ditches under the wall are a concern because the stone lined ditches and the 12" RCP's may be a hazard to children. These concerns are being reviewed, but the stone lined ditches are used throughout the State on many construction projects and they have not posed a problem for children. The 12" diameter pipe used has not been a concern in the past. A Board member questioned whether or not plantings with thorns on the road side of the noise walls could be used to thereby discourage graffiti. The recent update is that there is an annual graffiti contract to deal with any artwork that may appear. The Department of Transportation has not decided on any one anti-graffiti coating. Coatings cause color changes, peeling and the re-coating cost also needs to be considered. The Regional Landscaper will be working with the Village of Rye Brook regarding these plantings. The King Street interchange will also be discussed with the Regional Design Group. Two final issues raised were questions about the drainage issue and the Southbound entrance ramp at Exit 30. The Village is waiting for feedback on these issues. The Northbound exit ramp at Exit 30 will be repaved as part of this project. Ms. Faust asked that the Village Engineer come out and look at some of the drainage issues so that he can give his input, She also raised a question about the 6" of topsoil that was proposed to be added in order to rehabilitate the property. She has been told that they cannot bring it in because the walls are up. She would like to see this work done. Mr. Dean Santon asked if there would be a procedure for information to be communicated back to the residents. He suggested the website as a way to relay information. He also asked if the agenda could be placed on the website, and the government access channel as well. Trustee Brackman noted that a Seder was held at the Posillipo Community Center, and it was excellent. She thanked Mr. & Mrs. Niles for their work on this event. Victor Carosi, Village Engineer, made a brief presentation regarding mosquito breeding. Anything that detains polluted water has the potential for breeding these mosquitos, including bird baths, old tires, old boats, etc. If anyone has a concern, they can contact the Hotline for the West Nile Virus at 914-637-4700. If a resident notices any dead birds they should call the hotline immediately. 25 Rose "Bunny" Niles congratulated Mr. Russo on his magnificent job on the budget. She congratulated Trustee Larry Rand on his first session on the Board. She noted that the Village Board meetings are very informative and enlightening. Mayor Filipowski noted that the Village Board needed an Executive Session. On a motion made by Trustee Brackman, and seconded by Trustee Degling, an Executive Session was scheduled to begin at the close of the meeting. Mr, Charles Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski thanked everyone for coming. There being no further business before the Board, the meeting was adjourned at 10:55 p.m, 26