HomeMy WebLinkAbout2001-03-27 - Board of Trustees Meeting Minutes March 27, 2001
MINUTES OF A MEETING
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
VILLAGE HALL, 938 KING STREET
RYE BROOK, NEW YORK
TUESDAY, MARCH 27,2001 -- 7:30 P.M.
AGENDA
RESOLUTIONS:
1, GRIEVANCE DAY DETERMINATIONS
2, APPROVING AN INTERMUNICIPAL AGREEMENT FOR PRISONER
TRANSPORTATION
3. APPROVING AN INTERMUNICIPAL AGREEMENT FOR SELECTIVE
ENFORCEMENT FOR TRAFFIC SAFETY GRANT
4. APPROVING THE USE OF VILLAGE STREETS FOR THE BASEBALL AND
SOFTBALL SEASON'S OPENING DAY PARADE
5. AUTHORIZATION OF FUNDS FOR THE MEMORIAL DAY PARADE AND
CEREMONIES TO BE PAID TO THE VETERAN'S CENTRAL COMMITTEE
6. SETTING PUBLIC HEARING FOR 2001-2002 TENTATIVE BUDGET
7. SETTING PUBLIC HEARING DATE FOR THE APPROVAL OF A SPECIAL USE
PERMIT AND SITE PLAN PROPOSAL FOR EXPANSION OF THE BORRELLI
AND RUSSO INSURANCE AGENCY AT 555 WESTCHESTER AVENUE
8. ADOPTING A NEGATIVE DECLARATION OF SIGNIFICANCE OF
ENVIRONMENTAL IMPACT REGARDING ACCEPTANCE OF THE VILLAGE OF
RYE BROOK VISION PLAN— 12100
9. ACCEPTING THE VISION PLAN
10. CREATING AN OPEN SPACE AND LAND USE COMMITTEE
DISCUSSION:
1, STATUS OF APPLICATION TO MODIFY/CLARIFY RED ROOF SUBDIVISIONS
PLAT NOTES AND COVENANT
2. ACCEPTANCE OF ETHICS BOARD GUIDELINES
3. REVIEW OF BOARDS, COMMITTEES AND COMMISSIONS
RESPONSIBILITIES
4. NATIONAL LIBRARY WEEK
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March 27, 2001
' CONVENE MEETING
The March 27, 2001 Meeting of the Board of Trustees was called to order at 7:30 p,m. by Mayor
Filipowski in the Meeting Room. 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
William Gerety, Village Building Inspector
Victor Carosi, Village Engineer
Paula Patafio, Meeting Secretary
Before the Board addressed the items on the agenda, Mayor Filipowski presented Trustee Roger
Herman with a Certificate of Appreciation in recognition of two years of dedicated service to the
Village of Rye Brook, His efforts on behalf of the Village of Rye Brook are greatly appreciated.
RESOLUTIONS:
Mayor Filipowski called for the first item on the agenda:
1. GRIEVANCE DAY DETERMINATIONS
Mr. Bradbury read the following Resolution:
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March 27, 2001
RESOLUTION
GRIEVANCE DAY DETERMINATIONS
WHEREAS, the Village of Rye Brook Board of Assessment Review met to hear all
persons wishing to be heard, and;
WHEREAS, the Assessor has reviewed the complaints filed and has submitted his
opinions on each of the filings;
NOW, THEREFORE,BE IT
RESOLVED,that the Board of Assessment Review has made the following final
changes on grievances Piled on or before February 20, 2001;
ADDRESS See/Block/Lot(S) Determinations
440 North Ridge Street 1 15 I F34 $ 11'600
12 Maple Court 1 / 5A/ 59 $ 7,000
17 Jennifer Lane 1 / 5A/75 $ 10,800
20 Country Ridge Dr.N. 1151 B 11 $ 16,300
47 Valley Terrace 1 / 6F/ 86 $ 12,500
10 Woodland Drive 1 / 6/21E $ 19,600
3 Phyllis Place I / 12A/38 $ 8,800
Utility Sites 1 /600/ 7 Stip $ 2,100
Utility Sites 1 /600/ 8 Stip $ 2,100
On a motion made by Trustee Brackman, and seconded by Trustee Herman, the
Resolution was accepted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
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March 27, 2001
2. APPROVING AN INTERMUNICIPAL AGREEMENT FOR PRISONER
TRANSPORTATION
Mr. Bradbury read the following Resolution:
RESOLUTION
APPROVING AN INTERMUNICIPAL AGREEMENT FOR
PRISONER TRANSPORTATION
RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-
municipal agreement with Westchester County for prisoner transportation, for the period
of January 1, 2001 to December 31, 2002 as follows:
2001 $115,50 per round trip
2002 $121.25 per round trip
AND, IT IS FURTHER RESOLVED, that the Mayor is hereby authorized to
execute and deliver all documents necessary or appropriate to accomplish the purposes of
this Resolution.
On a motion made by Trustee Brackman, and seconded by Trustee Herman, the
Resolution was adopted.
Trustee Degling asked for a minor correction to the document. With this correction, the
Resolution was adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
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March 27, 2001
3. APPROVING AN INTERMUNICIPAL AGREEMENT FOR SELECTIVE
ENFORCEMENT FOR TRAFFIC SAFETY GRANT
Mr. Bradbury read the following Resolution:
RESOLUTION
APPROVING AN INTERMUNICIPAL AGREEMENT
FOR SELECTIVE ENFORCEMENT
FOR TRAFFIC SAFETY GRANT
RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-
municipal agreement with Westchester County for a "Selective Enforcement For Traffic
Safety Grant," for the period of October 1, 2000 to September 30, 2001, under which the
Village will receive up to $3,000.00 for costs of enforcement activity focusing on
violations of law for speeding, occupant protection (seat belts and child car seats),bicycle
and pedestrian safety, motorist passing stopped school buses and aggressive/wasafe
driving behaviors; and it is further
RESOLVED, that the Mayor is hereby authorized to execute and deliver all
documents necessary or appropriate to accomplish the purposes of this resolution.
On a motion made by Trustee Braclinan, and seconded by Trustee Rand, the Resolution
was adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
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March 27, 2001
4. APPROVING THE USE OF VILLAGE STREETS FOR THE BASEBALL AND
SOFTBALL SEASON'S OPENING DAY PARADE.
Mr. Bradbury read the following Resolution:
RESOLUTION
APPROVING THE USE OF VILLAGE STREETS
FOR THE BASEBALL AND SOFTBALL SEASON'S
OPENING DAY PARADE
RESOLVED, that the use of the following streets on April 22, 2001 between
12:45 p.m. and 1:15 p.m. for the baseball and softball season's Opening Day Parade is
approved:
Ridge ,Street
Fairlawn Parkway
Rockinghorse Trail
Meadowlark Road
Winding Wood Road
Paddock Road
Churchill Road
Old Orchard Road
Latonia Road
Berkley Drive
Pine Ridge Road
Mohegan Lane
Mr. Bradbury stated that the Village was working with the Police Department and the
Fire Department in coordinating the parade route, Mayor Filipowski noted that the
parade would begin at 1:15 p.m,
On a motion made by Trustee Braclanan, and seconded by Trustee Degling, the
Resolution was adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
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March 27, 2001
5. AUTHORIZATION OF FUNDS FOR THE MEMORIAL DAY PARADE AND
CEREMONIES TO BE PAID TO THE VETERAN'S CENTRAL COMMITTEE
Mr. Bradbury read the following Resolution:
RESOLUTION
AUTHORIZATION OF FUNDS FOR THE
MEMORIAL DAY PARADE AND CEREMONIES TO BE PAID TO THE
VETERAN'S CENTRAL COMMITTEE
WHEREAS, Veteran's Central Committee serving the Town of Rye, Village of
Port Chester and Village of Rye Brook will be hosting a 2001 Memorial Day Parade and
Ceremonies at all the local War Monuments on Monday,May 28, 2001, and
WHEREAS, the Village of Rye Brook Board of Trustees would like to assist the
Veteran's Central Committee with this event.
THEREFORE BE IT RESOLVED, that the Village of Rye Brook will pay
seven hundred and fifty dollars, to the Veteran's Central Committee for the 2001
Memorial Day Parade and Ceremonies,
Trustee Braclanan asked if this was the same amount as the last year. Mr. Bradbury
stated that it was.
On a motion made by Trustee Degling, and seconded by Trustee Rand, the Resolution
was adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
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March 27, 2001
6. SETTING PUBLIC HEARING FOR 2001-2001 TENTATIVE BUDGET
Mr. Bradbury read the following Resolution:
RESOLUTION
SETTING PUBLIC HEARING DATE
FOR 2001.-2002 TENTATIVE BUDGET
RESOLVED, that a Public Hearing will be held by the Board of Trustees of the
Village of Rye Brook on Tuesday, April 10, 2001 at 7;30 p.m. at the Village Hall located
at 938 King Street, Rye Brook, New York to consider the proposed 2001-2002 Tentative
Budget for the Village of Rye Brook.
On a motion made by Trustee Herman, and seconded by Trustee Degling, the Resolution
was adopted.
TRUSTEE BRACT-OMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
Mayor Filipowski noted that copies of the Budget were available in the Administrator's
office. Mr. Bradbury also noted that residents would be able to access this information
on the Village's web page.
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March 27, 2001
7. SETTING PUBLIC HEARING DATE FOR THE APPROVAL OF A SPECIAL
USE PERMIT AND SITE PLAN PROPOSAL FOR EXPNSION OF THE
OBRRELLI AND RUSSO INSTURANCE AGENCY AT 555 WESTCHESTER
AVENUE
Mr. Bradbury read the following Resolution:
RESOLUTION
SETTING PUBLIC HEARING DATE FOR THE APPROVAL
OF A SPECIAL USE PERMIT AND SITE PLAN PROPOSAL
FOR EXPANSION OF THE BORRELLI AND RUSSO INSURANCE AGENCY
AT 555 WESTCHESTER AVENUE
RESOLVED, that a Public Hearing will be held by the Board of Trustees of the
Village of Rye Brook on Tuesday, April 10, 2001 at 7:30 p.m. at the Village Hall located
at 938 King Street, Rye Brook,New York to consider the approval of a special use permit
and site plan proposal for expansion of the Borrelli and Russo Insurance Agency at 555
Westchester Avenue.
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 AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
8. ADOPTING A NEGATIVE DECLARATION OF SIGNIFICANCE OF
ENVIRONMENTLAL IMPACT REGARDING ACCEPTANCE OF THE
VILLAGE OF RYE BROOK VISION PLAN DECEMBER 2000
Mr. Bradbury read the following Resolution:
RESOLUTION
ADOPTING A NEGATIVE DECLARATION OF SIGNIFICANCE
OF ENVIRONMENTAL IMPACT REGARDING ACCEPTANCE
OF THE VILLAGE OF RYE BROOK VISION PLAN
(DECEMBER 2000)
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March 27, 2001
WHEREAS, this action involves the acceptance of the Village of Rye Brook
Vision Plan dated December 2000; and
WHEREAS, said Vision Plan was prepared by the Rye Brook Vision Plan 2000
Task Force and submitted to the Village Board of Trustees in December 2000; and
WHEREAS, the Vision Plan represents the culmination of a process that began
in the spring of 2000 to identify and prioritize, through extensive public involvement, key
issues confronting the Village's future quality of life, and the document provides
recommended policies and possible action strategies based on the input and participation
of a wide array of interests; and
WHEREAS, this is an unlisted action pursuant to Article 8 of the Environmental
Conservation Law and 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 acceptance of said Vision Plan; and
WHEREAS, the Village Board of Trustees, at its regular public meeting held on
March 27, 2001, has reviewed and accepted as adequate the Short Environmental
Assessment Form, Parts 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.
Mayor Filipowski asked Mr. Kantor whether the Environmental Assessment Review
Form that was prepared for the Village covers anything and everything that is needed in
connection with the acceptance of the Vision Plan. Mr. Kantor responded that it did.
On a motion made by Trustee Herman and seconded by Trustee Degling, the Resolution
was adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
Mayor Filipowski thanked Mr. Richard Lubkin and the Task Force for all of their hard
work on the Vision Plan,
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March 27, 2001
4. ACCEPTING THE VISION PLAN
Mr, Bradbury read the following Resolution:
RESOLUTION
ACCEPTING VISION PLAN
WHEREAS, in December of 2000 the Village of Rye Brook Vision Plan Task
Force submitted the Village of Rye Brook Vision Plan to the Board of Trustees; and
WHEREAS, the Vision Plan identifies the key issues confronting the quality of
life in the Village and action strategies, but is not intended to be either a master plan or a
formal comprehensive plan; and
WHEREAS, the purpose of this resolution is to accept the Vision Plan as an
important village-planning document, but acceptance does not necessarily signify
agreement with each and every item in the Vision Plan.
NOW, THEREFORE, BE IT
RESOLVED, that the "Village of Rye Brook Vision Plan' dated December 2000
prepared for the Village of Rye Brook Board of Trustees by the Vision Plan Task Force,
with the assistance of Frederick P. Clark Associates, Village Planning Consultants, be
and hereby is accepted.
On a motion `made by Trustee Brackman, and seconded by Trustee Herman, the
Resolution was adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
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March 27, 2001
10. CREATING AN OPEN SPACE AND LAND USE COMMITTEE
Mr. Bradbury read the following Resolution:
RESOLUTION
CREATING AN OPEN SPACE AND LAND USE COMMITTEE
WHEREAS, the Board of Trustees has accepted the Vision Plan that was
submitted by the Vision flan Task Force on December 13, 2000; and
WHEREAS, there is a need to evaluate and coordinate the Village's efforts on
the preservation and enhancement of open space in the community; and
WHEREAS, there is also a desire to identify the needs for recreation facilities
and fields in order to enhance cost-effective services for all residents in the Village; and
WHEREAS, this information needs to be communicated to the Mayor and the
Village Board of Trustees for their consideration; and
WHEREAS, the Village of Rye Brook Board of Trustees wants to implement
policies discussed in the Vision Plan; and
WHEREAS, there are eight (8) members of the community who have offered
their willingness to accept this task for four months.
NOW, THEREFORE, BE IT
RESOLVED, that the Village of Rye Brook Board of Trustees hereby establishes
a "Open Space and Land Use Committee" consisting of eight members to prepare an
action plan to address the above stated goals; and be it
FURTHER RESOLVED, that the following residents be hereby appointed to
such Committee: Zip Konigsberg of 44 Lincoln Avenue, Ed Kulik of 42 Meadowlark
Road, Paul Ellenbogen, of 412 North Ridge Street, Richard Davidson of 17 Berkley
Lane, Richard Lubkin of 5 Red Roof Drive, Robert Harris of 45 Meadowlark Road,
Danielle McCann of 5 Elm Hill Drive, and Sheila Davidson of 17 Berkley Lane; and be it
FURTHER RESOLVED, that Kip Konigsberg of 44 Lincoln Avenue be
designated Chairman of the Village of Rye Brook's Open Space and Land Use
Committee; and be it
FURTHER RESOLVED, that the Committee shall report back to the Village
Board of Trustees in August 2001 with its recommendations to preserve open space and
land use preservation in the Village of Rye Brook,
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March 27, 2001
Trustee Brackman asked for an explanation of how these individuals were appointed to
this Committee, Mayor Filipowski responded that he had requested input from the
Planning Board, the Recreation Board, the Zoning Board of Appeals, and the Facilities
Committees. The Chair of each of the groups was asked to submit the names of two
members who would be able to commit to working on this committee. These names were
then circulated in January.
Trustee Herman although in favor of the Committee, objected to the Chair. He felt that it
was improper for an individual who represents space that the Village will be negotiating
the purchasing of to represent the Village as Chairman of this Committee.
Trustee Rand agreed with Trustee Herman. He felt that it was not only inappropriate for
Mr. Konigsberg to be Chairman of the Committee, but he felt it would not be appropriate
for him to be a member. He suggested that Trustee Herman be named as Chair of this
committee, He felt that there was no one in the Village who has done more for creating
open space than Trustee Herman, and felt that this appointment would be most
appropriate.
Mr. Ken Powell, Village Attorney, noted that the charge of this Committee was simply to
develop an action plan. Mayor Filipowski reminded the Board that Mr. Konigsberg
would be one out of an eight-member committee. He also stated that this was the first
time he has heard any concerns.
Trustee Brackman made a motion to Table this Resolution in order to allow the Board the
time necessary to review this issue.
On a motion made by Trustee Brackman, and seconded by Trustee Rand, the Resolution
was tabled.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
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March 27, 2001
DISCUSSIONS:
1. STATUS OF APPLICATION TO MODIFY/CLARIFY RED ROOF
SUBDIVISIONS PLAT NOTES AND COVENANT
Mr. Bradbury gave a brief update for the Board, and members of the public. He noted
that there was a landscaping plan that was submitted, and the Village's consultant has
made his comments in response to this landscaping plan. As a response to these
comments, the applicant has brought to this meeting a memorandum to be presented to
the Board of Trustees, Mr. Bradbury noted that it was not the Village's procedure to
accept plans, memorandums in response, or comments the evening of a meeting. The
guidelines for submitting information for review by any of the Village's Boards and
Committees is clearly defined. Therefore, he strongly suggested that the Board table this
item in order to have the appropriate time to review the applicant's comments.
Gerard Romski, Esq., attorney for the developer, addressed the Board. Also in
attendance at this meeting was Mr. Alec Ornstein, the applicant. Mr. Romski felt that the
developer has appropriately responded to the Village's Consultant's requests. The
response, in the form of a memorandum, basically addresses all of the questions raised.
As such, he asked that the Board read through the response, which the applicant
presented to the Board at this evening's meeting, and discuss the ixxatter.
Mayor Filipowski noted that while scanning this document he noted that there were no
indications on the plans with regard to landscaping of Lot 3, Mr. Romski stated, frankly,
that the developer believed that there was no need for landscaping on Lot 3. Mayor
Filipowski noted that this was a request from the Board of Trustees, as well as from the
Village's Planning Board. He stated that this matter required further review by the
Village and its Consultant.
Once again Mr. Romski stated that he intended for the Board to review these plans at this
meeting. He felt that all of the issues that have been raised have been responded to. It
was his belief that the plans were acceptable. Mr. Romski noted that since the Board felt
that it was not given sufficient time to review the applicant's response, that placing this
item on the agenda for the next Board of Trustee Meeting would be appropriate. He felt
that he and the Village Attorney could construct a Resolution in less than half an hour.
This Resolution would be in place for approval at the next meeting.
Mr, Powell stated that he has not had any discussions with Mr. Romski regarding a
Resolution. He did, however, note that there were issues regarding this plan. A major
issue was accessibility. A second issue, which needs to be discussed, is who will be
responsible for the maintenance of the landscaping. Mr, Powell also felt that the
Village's Consultant, Frederick P. Clark, should be given the opportunity to review these
plans and comment on them.
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March 27, 2001
Mr. Romski stated that the applicant would be willing to give a warranty and a guarantee,
from the landscaper, with regard to the landscaping on Lots 4 and 5.
Mr. Bradbury suggested that this item be placed on the next agenda-- April 10, 2001.
Mr, Ornstein noted that it is the applicant's contention that there are no violations. He
felt that the Board should consider the purpose of this mitigation plan, It was submitted
as part of negotiations. The grading was completed on March 4 and 5 in relation to the
approved plans. Building permits were issued. Inspections were made, and approved,
throughout the process of constructing lots 4 and 5. Both the Building Inspector and the
Village's Engineer looked at these lots throughout, When the applicant was notified that
a violation existed, there was an attempt made to resolve the issues by meeting with the
Mayor and Trustee Degling, and some of the Village's staff. The applicant was further
advised that the Board would not consider any amendments to the plat. The applicant
was directed to go before the Zoning Board of Appeals, who informed the applicant that
it did not have jurisdiction. As far as the applicant is concerned, this mitigation plan is
not a requirement. It is simply a beautification plan to help mitigate the view at the Betsy
Brown and Ridge Street intersection. He noted that tens of thousands of dollars have
been spent on consulting fees. At this point Frederick P. Clark would simply be looking
at the plans, which is actually only a matter of trees and bushes. The slope has been
stabilized, and was done so in accordance with the original plan. He noted that there are
buyers who are anxious to close on these houses. These buyers are currently living in
hotels, and other temporary residences, and it was unfair to let this drag on beyond what
is reasonable. He did note that there is also a the drainage issue, but the developer also
believes it has complied with the Village's request.
Mr. Stan Berg addressed the Board. He noted that he and his wife Estelle are purchasing
Lot 5. He expressed his concern that this issue is being tabled and delayed. He felt that
the Board does not understand the situation as far as the purchasers are concerned. Going
on only the information which the developer has provided them, he noted that they
purchased the house for delivery nearly 12 months ago. The house is now completed
however without the Certificate of Occupancy they cannot move in. At this point in time
they do not know where they are going next. The developer insists that they have met all
of the Village's requirements and that these violations are being imposed as leverage on
other issues. Unfortunately, it is the purchasers -- the future Rye Brook residents -- who
are left between a rock and a hard place. This is getting to point where they are
extremely upset and they would like action. He asked that the Board explain what the
Village requires before these new residents can move into their home. The developer has
guaranteed the landscaping on lots 4 and 5. They have guaranteed that the landscaping
will be maintained. He respectfully requested that the Board take action.
Mayor Filipowski sympathized with Mr. Berg, however, as litigation has been filed by
the developer he was constrained as to what can be said. He deferred to Mr. Powell.
Mr. Ken Powell stated that the Building Inspector did cite the permits in violation on
several lots as far back as October. He also reiterated that it is not conducive to try and
review documents at a meeting without any knowledge of what they are. There are
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March 27, 2001
timing issues here and it is not fair to be asked to review documents at the spur of the
moment. Many Boards, in other municipalities, do not accept or discuss these sort of
submissions. They need to review the submission, review the documents, and review the
plans. The applicant is aware that this was not the appropriate time to submit documents
for review. The comments from F.P. Clark were given to the developer on March 8t" and
for whatever reason it took the developer until the evening of this meeting, March 28th,
to submit their response. h-i his opinion, the document should be reviewed and this
matter be placed on the Board's agenda for their next meeting.
Mr. Romski stated that these were not plans but rather responses to the Consultant's
comments. He agreed that there was also a water issue that is out there, but stated that
there were only potential hypothetical problems holding up this issue and not actual
complains. The developer believes that they have complied with the erosion control and
sediment requirements. Nonetheless, they have engaged in a very time consuming and
expensive discussions with the Village's Consultants. He, once again, requested a
meeting with Mr. Powell to work on the Resolution.
Mr. Bradbury noted that the Village would also like to see this issue resolved. At this
time they are waiting for responses from the developer, and the ball is now in their court.
Mr. Romski stated that in the developer's opinion, the construction of the decks are fully
in compliance. Nonetheless, in the interest of reaching a resolution, and to satisfy the
Village, the developer has agreed to submit the landscaping plan. They believe that they
have gone the extra mile in reaching resolution on all of the issues. The delays, in his
opinion, were now being caused by personal issues here. He felt that the drainage is not
an issue, and it should be noted that the landscaping plans are now complete.
Trustee Rand noted that he did read through the memo and noted that although Lots 4 and
5 were discussed, no mention of Lots 3 was made. He reminded the applicant that
discussions concerning Lot 3 took place at the prior Board of Trustee meeting, yet now
Lot 3 is not part of the plan. He felt that this was not the appropriate time to argue the
case and further review was required.
A second purchaser asked if the Board would have their responses prepared for the April
10th, meeting. He also asked if Certificates of Occupancy could be issued for Lots 4 and
5 as they are not impacted by the other issue of drainage. Mr. Bradbury noted that the
drainage issue is part of the entire application, which includes Lots 4 and 5.
Mayor Filipowski noted that this item was on agenda for discussion only. Mr. Powell felt
that it would not be useful to go over the plan point-by-point at this time. This item will
be placed on the April 10, 2001 Board of Trustee meeting agenda.
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March 27, 2001
2. ACCEPTANCE OF EHTICS BOARD GUIDEINES
Mayor Filipowski asked that this item be tabled. He stated that further discussion with the
Chairman of the Ethics Board,Michael Goldstein,was required before the Guidelines
could be revised and accepted.
On a motion made by Trustee Brackman, and seconded by Trustee Degling, this
discussion was tabled.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE DEGLING VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
3. REVIEW OF BOARDS, COMMITTEES AND COMMISSIONS
RESPONSIBILITIES
Trustee Rand noted that as part of the research from the Administrator's Office there was
a review of the by-laws of the various Boards, Committees and Commissions. It was
noted that some of the Boards and Commissions do not take minutes. Many of these
Boards, Committees and Commissions are not required to publish minutes of their
meetings. He wanted to make sure that in concert with the Open Meeting Law that all
Boards and Committees and Commissions have to keep minutes and make them available
to the public. He felt that the minutes or summaries from all meetings should be made
available to not only the Board of Trustees, but to other Boards and members of the
public, in an effort to keep everyone fully informed.
Mayor Filipowski agreed, and asked Mr. Powell to begin a review of the by-laws. Mr.
Bradbury suggested that it would be appropriate to re-circulate the by-laws to all of the
Boards, Committees and Commissions for their review.
Trustee Brackman felt that specific guidelines should be set for all Boards, Committees
and Commissions. She felt that as part of the specifies, a request that minutes be ready
within a certain amount of time should be included, In order to make these requests
formal, she suggested that this be accomplished via a Resolution from the Board of
Trustees.
Mr. Bradbury noted that he needed additional information to proceed, i.e. what level of
documentation was being requested; if a summary would be sufficient; and how much
information was required.
Mayor Filipowsld proposed that this issue be put on the agenda, and referred to the
Planning Board for its review as well.
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March 27, 2001
Although a minutes requirement can be set up for all meetings, Mr. Powell noted that the
amount of work to accomplish this would be very significant, There is a significant
amount of legwork involved, and many regulations would need to be updated.
Trustee-Elect Dean Santon addressed the Board, He encouraged the Board to also
discuss how the Boards, Commissions, and Committees interact with the Village Board.
He suggested a public workshop to discuss this issue. Trustee-Elect Santon pointed out
that next Monday there are approximately 24 positions on various Boards, Committees
and Commissions that will be expiring. He encouraged all residents who are interested in
volunteering to contact the Administrator's Office. He also took the opportunity to thank
Trustee Herman for his service to the Village and noted that he looked forward to
working with him as Chair of the Tree Committee.
Mayor Filipowski announced that the swearing in ceremony for Trustee Brackman and
Trustee-Elect Santon will be held on Monday, April 2"a, at 5:00 p.m.
Mayor Filipowski announced the next Board meetings which are scheduled for April 10,
2001 and April 24, 2001. Also noted was that budget work sessions are scheduled for
March 28, April 4 and April 10, 2001.
Mayor Filipowski reminded everyone that National Library week is coming up. The
Children's Library in Port Chester will hold a reading on Monday April 2nd, from 7:00 to
8:00. This event is an effort to impress the importance of reading. He will be in
attendance at this event, and will be reading a story to the children.
Mr. Ben Miloro of Hillcrest Avenue addressed the Board. He congratulated Trustee
Brackman and Trustee-Elect Santon for their victory. He also thanked Trustee Herman
for his work in the community, and Mr. Peter Berman for his willingness to try and assist
the community. He presented the Board with an article which he found in a local
newspaper regarding discussions by the Board of Trustees wherein they are considering
giving two-acres of land, located in District 4, to the Blind Brook School District. Mayor
Filipowski stated that this was not correct and no discussions regarding this matter have
taken place. The Board will look into this matter.
A second issue brought up by Mr. Miloro was the most recent meeting of the Airport
Committee. He noted that BelleFair is very concerned with the airport although fully
aware of its proximity to the airport before the land was developed. A final issue he
commented on was with regard to the fire department and a roundtable meeting
suggested by a resident of the Arbors. He felt that comments such as this should be made
at a Board of Trustee meeting where members of the public are able to respond.
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March 27, 2001
Trustee Herman noted that the planting along the Hutchinson River Parkway has started
today. This is good news for the Village.
Trustee Herman asked when the discussion for the site for the firehouse would take place.
Trustee Degling noted that comments were to be received from the Facilities Committee
by the last meeting in March, These comments have been received, and the Facilities
Committee has made its recommendation regarding location of the Firehouse to the
Board of Trustees.
Mayor Filipowski asked for a motion for an Executive Session to be held after the
meeting.
On a motion made by Trustee Rand, and seconded by Trustee Brackman, an Executive
Session was scheduled.
TRUSTEE BRACKMAN VOTING AYE
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 9:00 p.m.
Respectfully Submitted,
Christoph r J. Bradbury
Village Administrator/Clerk
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