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HomeMy WebLinkAbout2001-02-27 - Board of Trustees Meeting Minutes February 27, 2001 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK FEBRUARY 27, 2001 AGENDA PLEDGE OF ALLEGIANCE PUBLIC HEARING: LOCAL LAW#1-2001 AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 6 ESTABLISHING THE AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT 13ELLEFAIR RESOLUTIONS: 1. ADOPTING LOCAL LAW# 1-2001 AND APPROVING PROPOSED RESTRICTIVE COVENANT FOR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR 2, APPOINTMENT OF OFFICE ASSISTANT-FINANCIAL SUPPORT 3. ADOPTING NEGATIVE DECLARATION OF SIGNIFICANCE OF ENVIRONMENTAL IMPACT REGARDING BONDING AND CONSTRUCTION OF THE PROPOSED PINE RIDGE RED ROOF BALL FIELD 4. AUTHORIZING THE ISSUANCE OF$300,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY,NEW YORK,TO PAY THE COST OF THE ORIGINAL IMPROVEMENT AND EMBELLISHMENT OF PINE RIDGE RED ROOF FIELD AND FOR SAID VILLAGE 5, BUDGET MODIFICATION TO TRANSFER FUNDS FROM UNDESIGNATED FUND BALANCE TO FUND BALANCE RESERVED FOR ROAD RESURFACING 6. TEMPORARY PUBLIC ACCESS CHANNEL GUIDELINES FOR CANDIDATES DISCUSSIONS: 1. APPLICATION TO MODIFY/CLARIFY RED ROOF SUBDIVISION PLAT NOTES AND COVENANT 2. FUNDING OF THE YOUTH BUREAU FOR 2001-2002 BUDGET YEAR 1 CONVENE MEETING: The meeting of the Board of Trustees was called to order at 7:30 p.m.by Mayor Filipowski,and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis Filipowski Trustee Jody Brackman Trustee Donald Degling Trustee Roger Herman Trustee Lawrence Rand Village staff attending the meeting were: Christopher Bradbury,Village Administrator Ingrid Bent, Assist. to the Village Administrator Kenneth Powell, Village Attorney Jon Kantor, Village Consultant Chief Robert Santoro,Police Chief Victor Carosi, Village Engineer William Gerety, Building Inspector Paula Patafio, Meeting Secretary Mayor Filipowski began the meeting with the presentation ceremony for Rye Brook's newly promoted Sgt. Carroll. He noted that the Village held a reception prior to the meeting. He asked that Sgt. Carroll, and his family, come to the dais for the presentation of the badge, Mrs, Carroll was given the honor of pinning her husband's badge on him. The Mayor,the Board, and Chief of Police Robert Santoro, congratulated Sgt. Carroll on his promotion, Mayor Filipowski noted that the agenda would be taken out of order, and called for item 46 under Resolutions: RESOLUTIONS: 6. TEMPORARY PUBLIC ACCESS CHANNEL GUIDELINES FOR CANDIDATES Mr. Bradbury read the following Resolution: 2 February 27, 2001 j RESOLUTION ADOPTING TEMPORARY PUBLIC ACCESS CHANNEL GUIDELINES FOR CANDIDATES RESOLVED, that pending the review and consideration of permanent public access guidelines, the following Temporary Public Access Channel Guidelines For Candidates be and hereby are adopted to facilitate the use of the government access channel by candidates for the Spring 2001 Village elections: Temporary Public Access Channel Guidelines For Candidates Village of Rye Brook, Rye Brook New York Election: Spring 2001 (These Public Access Guidelines will be in effect only for Spring 2001) Debates: • Prior to a public debate in which all candidates participate the candidates must agree, in writing,that the debates may be shown on the Government Access channel. This agreement will state that no editing of the content of the debates is allowed. Editing to add graphic overlays such as those identifying the debate will be permitted. • Debates that are recorded for later broadcast maybe shown at any time, at the discretion of the Village Administrator. • All videotaped debates will be broadcast in their entirety. • Debates shall be shown on a continuous loop over a weekend. • Debates will not be broadcast after Monday, March 19, 2001 at 9:00 a.m. • Village staff and equipment may be used to record debates on videotape. Videos submitted by candidates: • All candidates may submit videos, which shall be a maximum 20 minutes in length. • Only one video per candidate will be permitted, + A composite tape of candidate videos will be run on a continuous loop. The composite tape shall be run 2 days(9:00 a.m, -4:30 p.m.)and 2 nights(4:30 p.m. -9:00 a.m.)in accordance with the accompanying schedule. 3 • Candidate videos will not be shown on weekends. • The sequence of the candidates videotape on the composite tape shall be determined by the Village Administrator by a random method. • Candidate tapes shall be submitted to the Village Administrator by 10:00 a.m. on March 5, 2001 in a format compatible with Village equipment (VHS tape). + Public spaces on Village Hall property may be used by candidates for the candidates= videotape. • The Village Administrator will publicize the schedule via press release to the local newspapers, as a bulletin board slide on the Government Access channel, and on the web site. • The last date on which candidate videotapes may be aired is the Friday preceding the election. Trustee Roger Herman noted that he still had some serious reservations about the Resolution. He felt that by raising the financial obligations of a candidate, residents who would be interested in becoming a candidate could become dissuaded from running. He felt that the candidates should receive some relief from the Village. Mr.Bradbury responded that the Village staff and equipment maybe used to record debates on videotape. In addition,public spaces on Village Hall property maybe used by candidates for their videotapes. A correction to the wording of the Resolution was made, and Mr. Bradbury stated that he would make sure that this issue was clarified in the Resolution, The text that was intended to be added is as follows: "Public space on Village Hall property may be used by candidates for candidates videotapes. Village equipment may be used to record a candidate's video." It was noted that the deadline for the videos was Monday, March 5th, Trustee Herman expressed concern that there were only five days left,to turn in a video. Mr.Bradbury stated that, in his opinion, a candidate could have a video in place before the deadline. It was his understanding that it would take approximate 1 to 1-% days to pull a video together. Dean Santon,of Hillandale Road, addressed the Board. As one of the candidates,he asked to see a copy of the Resolution. He noted that there was a workshop held on this issue one week ago. Mr. Santon also noted that the Resolution really only affects three people:Trustee Brackman, Mr. Peter Berman of the Telecomm Committee and himself. 4 February 27, 2001 Mr. Santon continued,stating that it was his belief that he was the only candidate that did not receive a copy of the Resolution. He felt that as an independent candidate he would have a problem producing a videotape in six days. Although public access is a great concept, the Board has been working on this Resolution for a year. He found the decision of the members of the Board very objectionable, and found it inappropriate to force this Resolution through at the eleventh hour when they have had a full year to work on this process. Mr. Peter Berman, member of the Telecommunications Commission and candidate for the position of Village Trustee,addressed the Board. For the record he asked that the Board note that he recused himself as a member of the Telecomm Commission during the Public Access discussions. Mr. Ed Howe, Chairman of the Telecommunications Committee, addressed the Board, He stated that a subcommittee worked on this issue and neither candidates,nor their campaign managers,worked on this matter. The temporary rules presented were intended as just that, temporary. Although Mr, Santon felt that he was out of the loop,Mr.Howe assured him that there was no loop, Mr.Gary Zuckerman,of Hillandale Road, addressed the Board. He asked for clarification on the guidelines with reference to the amendment. He wanted to be sure that it was understood that if candidates wanted to use Village Hall for their videotape they would only have until Friday to accomplish this, Mr. Bradbury responded that he was correct, Mr, Peter Raider, of Valley Terrace, addressed the Board, He asked if all candidates were required to use the same equipment. He felt that this would be fair. He also asked if any of the candidates had a tape prepared. It was noted that none of the three candidates had a tape ready to be aired. Mr. Santon addressed the Board for a second time, He addressed the Board with regard to Mr.Howe's and Mr.Berman's responses. He asked if the other candidates had access to the Resolution before the meeting. He felt that there was the appearance of impropriety by trying to push this Resolution through such a short time before the election, Trustee Jody Brackman noted that the Telecomm Committee was given a very difficult task one year ago and it spent the year working on it. The Committee needs to be commended on coming up with a first draft of public access rules. This is a very complicated issue. Added to that was the task of coming up with the temporary guidelines for this year's election. She stated, once again, that she did not have a videotape yet. Trustee Rand agreed with Trustee Brackman that the Telecommunications Commission,and the sub-committee,worked very hard on establishing Public Access Guidelines. He thanked the Commission for its hard work. He stated that he was sure that over the next several weeks,or months, a more formal resolution will be brought before the Board of Trustees as to how the Village should allocate this precious resource for the Village. 5 Mayor Filipowski noted that the Resolution was 90%presented at the workshop. The actual concept was before the Board at the workshop and this Resolution was not a surprise. On a motion made by Trustee Brackman, and seconded by Trustee Degling,the Resolution was adopted. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Nay Trustee Rand Voting Aye Mayor Filipowski Voting Aye Trustee Brackman, who was ill with the flu, excused herself from the meeting. Mayor Filipowski then moved to the Public Hearing portion of the agenda: PUBLIC HEARING: 1. LOCAL LAW 41-2001 AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 6 ESTABLISHING THE AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR Mr. Bradbury read the following Resolution: RESOLUTION ADOPTING LOCAL LAWN 1-2001 AND APPROVING PROPOSED RESTRICTIVE COVENANT FOR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR RESOLVED, that Local Law No,1-2001, adding anew Chapter 6 to the Code of the Village of Rye Brook to establish the affordable middle income development program at BellcFair, be and hereby is adopted and enacted into law; and IT IS FURTHER RESOLVED,that the proposed declaration of restrictive covenant, to establish permanent affordability of the middle-income units at BelleFair,be and hereby is approved. Mayor Filipowski asked for a motion to open the Public Hearing on this local law. On a motion made by Trustee Herman,and seconded by Trustee Degling,the Public Hearing was opened. 6 February 27, 2001 Trustee Degling made several small points/corrections to the text. With these corrections he was satisfied that the Resolution would accomplish the goal of the Board. Mayor Filipowski asked for reassurance that this Resolution holds BelleFair to the standards agreed to by the developer. Mr.Ken Powell,Village Attorney,responded that the Resolution provided for the final construction of the units to be in accordance with the plans. The Resolution, which the Board passed at the last meeting, provided for the quality of the construction of the units to be accomplished in accordance with the Village Board of Architectural Review's approved plans, as well as in accordance with a series of specifications which have been provided to the Village — or to its equal. There is some provision, which requires the interior materials be up to a certain standard. Mr. Powell continued that he would prefer to reference the approved construction specification details. He felt that it would be appropriate to add the words "and in accordance with, or at Least equivalent to, the construction specification details approved by the Board of Trustees on February 13, 2001." This will reference the Resolution that was adopted at that meeting. Mr. Bradbury re-read the portion of the Resolution with the correction requested. by Mr. Powell. Mayor Filipowski reviewed the paragraph in the Resolution referring to time of employment required to be eligible for the lottery, After a discussion, it was decided that the cutoff date would be June 1,2 00 1. Mr.Powell noted that this would apply to the initial sale,re-reading the clause: "For initial sales, the minimum of one year of employment, membership, or residency, as the case may be, as needed to be eligible to be an initial purchaser shall be established as of June 1, 2001." A second discussion with regard to the initial pool ensued. Mr. Bradbury stated that they could continue to work on this issue. Mr. Peter Raider expressed his opinion that there should be one pool of candidates for this lottery. He felt that establishing the criteria would be the most important step in attaining the goal of offering affordable housing to Village employees,including firefighters,emergency workers,and school district employees who do not live in the Village. Mr. Gary Zuckerman addressed the Board,noting that,in his opinion,the lottery should not be open to current homeowners of Rye Brook, but rather to those renting or living with family members. This would accomplish the goal that the original Board of Trustees set forth to keep employees who cannot afford to live here, in the Village. Mr.Bradbury recommended that the Public Hearing be kept open. Mayor Filipowski asked for a motion to continue the Public Hearing until the next Board meeting which will be held on March 13, 2001, On a motion made by Trustee Degling, and seconded by Trustee Rand, the Public Hearing was adjourned until the next meeting. 7 Trustee Degling Voting Aye Trustee Herman Voting Nay Trustee Rand Voting Aye Mayor Filipowski Voting Aye The Board then moved to the Resolution portion of the meeting. RESOLUTIONS: 1. ADOPTING LOCAL LAW#1-2001 AND APPROVING PROPOSED RESTRICTIVE COVENANT FOR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR It was noted that in accordance with the last motion, this item will also be adjourned to the next meeting. 2. APPOINTMENT OF OFFICE ASSISTANT-FINANCIAL SUPPORT Mr. Bradbury read the following Resolution: RESOLUTION APPOINTMENT OF OFFICE ASSISTANT—FINANCIAL SUPPORT RESOLVED, that Paul Juergen, of 21 Avery Road, Carmel,New York,is hereby appointed to the position of Office Assistant--Financial Support with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED,that the annual salary for the position is$27,300 with an effective start date of February 28,2001,and a probationary period of(twenty-six)26 weeks. On a motion made by Trustee Herman, and seconded by Trustee Degling, the Resolution was adopted. Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 3. ADOPTING NEGATIVE DECLARATION OF SIGNIFICANCE OF 8 February 27, 2001 ENVIRONMENTAL IMPACT REGARDING BONDING AND CONSTRUCTION OF THE PROPOSED PINE RIDGE RED ROOF BALL FIELD Mr. Bradbury read the following Resolution: RESOLUTION ADOPTING A NEGATIVE DECLARATION OF SIGNIFICANCE OF ENVIRONMENTAL IMPACT REGARDING BONDING AND CONSTRUCTION OF THE PROPOSED PINE RIDGE RED ROOF BALL FIELD WHEREAS,this action involves the funding and construction of a regulation sized Little League baseball field at Pine Ridge Park on a parcel of land dedicated to the Village from Red Roof Farm Subdivision, including the authorization by the Village of Rye Brook Board of Trustees of the issuance of$300,000 Serial Bonds for said project; and WHEREAS,this is an unlisted action pursuant to 6 NYCRR Part 617 for which the Village of Rye Brook Board of Trustees is the Lead Agency and the only Involved Agency for the environmental review with respect to the funding and construction of said ball field; and WHEREAS, the Village Board of Trustees, at its regular public meeting held on February 27, 2001 has reviewed and accepted as adequate the Short Environmental Assessment Forms, Part I and II for this action; NOW,THEREFORE,BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and therefore, an Environmental Impact Statement will not be required. On a motion made by Trustee Herman, and seconded by Trustee Rand,the Resolution was adopted. Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor FiIipowski Voting Aye 9 Trustee Degling noted that item#9 on the Short Environmental Assessment Form refers to the necessity of a request for new public water system. Jon Kantor, Village Consultant, stated that no new water mains will be necessary to provide service to this area. Gary Zuckerman asked if the ball field would have a sprinkler system. The response was that it would. 4. AUTHORIZING THE ISSUANCE OF$300,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY,NEW YORK,TO PAY THE COST OF THE ORIGINAL IMPROVEMENT AND EMBELLISHMENT OF PINE RIDGE RED ROOF FIELD AND FOR SAID VILLAGE RESOLUTION WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE,BE IT RESOLVED,bythe Board of Trustees ofthe Village ofRye Brook,Westchester County,New York, as follows; Section 1. For the specific objector purpose of paying the cost of the original improvement and embellishment of Pine Ridge Red Roof Field, in and for the Village of Rye Brook, Westchester County,New York,including incidental expenses in connection therewith,there are hereby authorized to be issued$300,000 serial bonds of said Village pursuant to the provisions ofthe Local Finance Law. Section 2. The maximum estimated cost of the aforesaid specific object or purpose is hereby determined to be$300,000, and the plan for the financing thereof is by the issuance of the$300,000 serial bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid 10 February 27, 2001 specific object or purpose is five years,pursuant to subdivision 19(c)ofparagraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized,including renewals of such notes,is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms,form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook,Westchester County,New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village,a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section G. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale,conducting the sale and awarding the bonds,are hereby delegated to the Village Treasurer,who shall advertise such bonds for sale,conduct the sale,and award the bonds in such manner as he or she shall deem best for the interests 11 of said Village; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquaintance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds,prescribing the method for the recording of ownership of said bonds,appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Village by the facsimile signature of the Village Treasurer,providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations,maturities and interest payment dates,place or places of payment,and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent,and,accordingly,pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution,no monies are,or are 12 February 27, 2001 reasonably expected to be,reserved,allocated on a long-term basis,or otherwise set aside with respect to the permanent funding of the obj ect or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes maybe contested only if: 1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 2) The provisions of law which should be complied with at the date ofpublication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution,which takes effect immediately, shall be published in full in the Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section S 1,00 of the Local Finance Law. Mayor Filipowski asked for questions or comments on this Resolution. Trustee Herman wanted to make sure that the $300,000 is the absolute minimum that the Village should be laying out for this ball field. Mr. Bradbury noted that this $300,000 was anticipated in the budget for financing, There being no further questions or comments from the Board, or members of the public, Mayor Filipowski asked for a Motion. On a motion made by Trustee Herman, and seconded by Trustee Rand,the Resolution was adopted. Trustee DegIing Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 13 5. BUDGET MODIFICATION TO TRANSFER FUNDS FROM UNDESIGNATED FUND BALANCE TO FUND BALANCE RESERVED FOR ROAD RESURFACING Mr. Bradbury read the following Resolution: RESOLUTION BUDGET MODIFICATION TO TRANSFER FUNDS FROM UNDESIGNATED FUND BALANCE TO FUND BALANCE RESERVED FOR ROAD RESURFACING WHEREAS,the Village of Rye Brook seeks to reduce its dept service for a road resurfacing project; and WHEREAS, a sufficient fund balance exists to pay for such a resurfacing project; NOW, THEREFORE,BE IT RESOLVED, that the following budget modification be hereby approved; FROM TO AMOUNT 101.7960.339 101.7940.343 $500,000 (Undesignated (Reserve for Road Fund Balance) Resurfacing) It was noted that this transfer would save the Village approximately$82,000 in interest as it would no longer need to take a bond to complete this work. On a motion made by Trustee Herman,and seconded by Trustee Degling,the Resolution was adopted. Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye DISCUSSIONS: 1. APPLICATION TO MODIFY/CLARIFY RED ROOF SUBDIVISION PLAT NOTES AND COVENANT 14 February 27, 2001 Mr. Allan Ross addressed the Board. He noted that he was before the Board this evening in support of an application supporting an application that has been:filed for clarification of the plat for Red Roof Farm. Specifically,they were looking for clarification regarding Lots 3,4 and 5 and the construction of the decks. He noted that one deck was constructed and granted a Certificate of Occupancy. A violation was then subsequently issued in November. At this time the developer was looking to work out a solution that would make everyone happy. A mitigation plan has been proposed where the developer will add a substantial amount of trees at the level of the proposed decks, basically covering the decks in their entirety. Trustee Degling noted that he did have several questions with regard to the mitigation proposed. He commented that the drawings he showed different elevations. Mr.Ross noted that the side elevations were labeled incorrectly. Trustee Degling noted that the developer has made an adjustment and the decks will be constructed a few steps down. He asked if the developer would consider 6' balcony rather than the deck. Mr. Alec Orenstein noted that his company locked into contracts with the buyers which included decks. The suggested plantings, which would shield the deck, are Douglas Firs -- 8' to 10' in height. He noted that these trees grew very quickly and by dropping the decks a couple feet and pushing the Douglas Firs against them, the decks will be completely screened. Mayor Filipowski asked whether an 8' to 10' tree, planted at a lower elevation would screen a 10' high deck. The contractor noted that the drawing was made to scale and reflected the slope condition, The applicant agreed to ensure that the top of the trees will reach the top of the rail of the deck, and this mitigation was a good compromise. It was noted that the alternative, no decks, would cause a hardship on the homeowners as the houses in this development have no backyards. Several residents of the Village addressed the Board and commented that the trees and shrubs will beautify the area and,in effect,the developer will be enhancing the area. The members of the Board of Trustees agreed, noting that they have been working with the developer for the well being of the entire community. Mr.Dean Santon,of Hillandale Road,reminded the Board that there was a hardship here for the homeowners. They are the victims. Trees, bushes and foliages will make this intersection much more attractive and will enhance the Village. Trustee Rand stated that the point of views of the developer,the homeowners,the Board and the Village must be carefully considered. He hoped that a very equitable solution could be reached. Trustee Degling asked that a requirement for maintenance be added as a restriction. Mayor Filipowski noted that it was the intention of the Board that Lot 43 be included in the mitigation plans, He also noted that there were still outstanding issues regarding drainage that needed to be addressed. Mr. Bradbury agreed with Mayor Filipowski on the issue of drainage. 15 Mayor Filipowski felt that an evaluation needed to be made with regard to if trees were needed to the side of the structures. It was noted that the Village's consultant would review the plans. Trustee Degling suggested that the wording from the Restrictive Covenant should be put into the Deed. Mr.Ross stated that a Restrictive Covenant regarding maintenance of the trees and vegetation would not be a problem. He also noted that the plat covers all other restrictions. Mr. Bradbury commented that he would work with Mr. Powell, the Consultant, and the developer on the language and incorporating Lots 3, 4 and 5, Mayor Filipowski noted that the next Board of Trustee meeting was scheduled for March 13, 2001. At this time the developer asked that this application be carried over to the agenda of the March 13'h meeting. The homeowner of Lot#40 addressed the Board. She asked when a Certificate of Occupancy would be granted. She noted that her family was homeless. They have sold their home and were scheduled for their closing. They are now unable to move into their new home. She asked what steps does the Village need to take to release a C.O. She asked that this be placed high on the Village's priority list. Mr. Bradbury noted that this issue was very high on the Village's priority list. At this time the Village is waiting for responses from the developer and,therefore,a timetable could not be pinpointed. Once the report is in the Village's hands, and it has had an opportunity to review it, then it will have a better idea of what the next steps will be. It was noted that the Village's Consulting Engineer has raised a question regarding the drainage system, In response,a report was presented to the Engineer,however the developer was informed that the report did not address the actual question that was raised. Additional information was requested. The preliminary information that was presented by the developer's Engineer indicated that there was no problem with the hydraulics of the site. They are currently working on lot-by-lot evaluations. This report will be completed in ten (10)days. Mayor Filipowski noted that the report should be submitted to the Village Office. The developer-will submit a formal report to the Village within a day or two. Gary Zuckerman of Hillandale Road addressed the Board. He asked if the home that has been constructed on Lot#40 was unsafe. He suggested that if it was safe perhaps the Village could issue a temporary CO so that the owner could move in on a rental basis. Mrs. Schweep asked if the Village could do this, Mayor Filipowski responded that this issue will be looked into immediately, Mr.Bradbury noted that the structure itself has been inspected and the only thing holding up the C.O. is the drainage issue. Mr, William Gerety,Building Inspector,noted that when a Certificate of Occupancy is issued the Village loses their ability to access the property. He also noted that if the property requires drainage work,this work could render the home unsafe. The Village will discuss the possibility of a temporary C.O. with the developer, but it is the developer decision whether or not he wants to enter into a rental agreement with the contract vendee. Joe Zaccagnino of Oak Street addressed the Board. He noted that his residence is across the street from the Red Roof Farm development. During the last snowfall no one removed the 16 February 27, 2001 snow and he asked who was responsible for clearing this area. Mayor Filipowski stated that it is the responsibility of the Blind Brook Estates. There being no further comments or questions, Mayor Filipowski moved to item 42. 2. FUNDING OF THE YOUTH BUREAU FOR 2001-2002 BUDGET YEAR After a brief discussion it was decided to adjourn this item to the March 13, 2001 Board of Trustee Meeting, Trustee Brackman was scheduled to give the presentation,but because of health reasons she left earlier. On a motion made by Trustee Herman, and seconded by Trustee Degling, this agenda item was adjourned to March 13, 2 00 1. Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski announced that the next Board of Trustee meetings would be held on March 13, 2001 and March 27, 2 00 1. Election Day is scheduled for March 20, 2001. Trustee Rand reminded the Board that he has asked that the State Department of Transportation to make a presentation and update the Board,and the public,about the Hutch. Mr.Bradbury noted that many events are unfolding and he would extend an invitation to the State for the second meeting in March. Mayor Filipowski stated that there was an issue regarding the installation of a fence by the State and the Village has arranged for it to be put on hold. At this time Mayor Filipowski asked for comments from the public regarding this issue. Mr. Randy Heindrick addressed the Board. He noted that Mr. Boris Vays, of the DOT,has placed stakes in his backyard; 15' onto his property, showing where the fence will be installed. When he complained that the State was not placing the fence on his property he was informed by Mr. Mike Perrilla(State DOT)that no individual property surveys have been done. He was also informed that Mr. Vays, who was placing the stakes, has the ability to grant relief to the property owners along Winding Wood Road. The property owners ask that the Village assist them in this unlawful taking of their property. Mayor Filipowski reiterated that the State has agreed to hold off the installation of a fence as many residents have questioned the need. He felt that a Village Meeting would be beneficial, asking Mr. Bradbury to invite the State to an upcoming Board of Trustees meeting. The Village has been, and will remain, on top of this issue. Several other residents of Winding Wood Road also addressed the Board with regard to this issue. They thanked the Board and the Village Staff for the assistance that has been provided to them. 17 Copies of their property surveys were presented to the Board. The resident of 35 Winding Wood Road noted that many years ago he planted a row of Hemlocks,on his property. If the State places the fence where it has indicated these trees will be destroyed. The Village has already lost thousands of trees. He asked that the Village help him save his trees. Debbie Faust noted that during the past two years the issue of a fence has never come up. She also addressed the fact that there are no lines painted on the Hutch as a result Exit 29 is very dangerous. Drivers don't realize they are getting off the exit until it is too late. She felt that the State should be required to paint lines since the asphalting work is not scheduled until May. She also commented on the stretch of Ridge Street between Winding Wood and Meadow Lark which is extremely narrow. Mr. Bradbury noted that the section of Ridge Street that Ms. Faust referred to is being widened by the State, Mayor Filipowski noted that many of the issues brought up by Ms.Faust, and the other residents,are topics of discussion with the State, Ben Miloro of Hillcrest Avenue noted that the Village always discusses spending money in District 5. He asked that the Village consider spending some money in District 4. Mayor Filipowski responded that sidewalks are being put in via grant money in District 4, and this project has been in the works for quite sometime. Mayor Filipowski asked for a motion for an Executive Session to follow the meeting. On a motion made by Trustee Degling, and seconded by Trustee Herman, an Executive Session was scheduled. Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye There being no further business before the Board, the meeting was adjourned at 10:10 p.m, Respectfully submitted, Christopher J. Bradbury Village Administrator/Clerk 18