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HomeMy WebLinkAbout2001-06-12 - Board of Trustees Meeting Minutes June 12, 2001 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET Tuesday, June 12, 2001 -- 7:30 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1. CONSIDERING THE SPRINT APPLICATION TO BUILD AN ATTACHED WIRELESS TELECOMMUNICATION FACILITY AT 900 KING STREET 2. CONSIDERING A PROPOSED AMENDMENT TO THE RYE BROOK CODE OF ETHICS REGARDING POLITICAL ACTIVITIES GUILDINES REPORT; 1. FIRE CHIEF WILLIAM OXER RESOLUTIONS: 1. CONSIDERING APPROVAL OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION, INC. 2. SUPPORTING SENATE BILL 5362 AND ASSEMBLY BILL 7442 CONSTRUCTION OF CELL TOWERS ON SPECIAL PARKWAYS 3. OPPOSING SENATE BILL 5279 AND ASSEMBLY BILL 8587 BENEFITS UNDER SECTION 207-c OF THE GENERAL MUNICIPAL LAW 4. APPOINTMENTS TO THE RECORDS MANAGEMENT COMMITTEE S. AUTHORIZING THE INCREASE IN MEMBERSHIP TO VILLAGE OR RYE BROOK'S BOARDS, COUNCILS AND COMMISSIONS 6. CALLING FOR A PUBLIC HEARING ON LOCAL LAW TO INCREASE THE MEMBERSHIP OF THE TRAFFIC COMMISSION FROM SEVEN (7) TO NINE (9) MEMBERS 1 June 12, 2001 7. REFERRING ROSEN SUBDIVISION 48 LINCOLN AVENUE SECTION 1, BLOCK 12, LOT 1A5.2 TO THE PLANNING BOARD 8. CONSIDERING THE APPROVAL OF MINUTES February 27, 2001 April 4, 2001-Special Meeting DISCUSSIONS: 1. VILLAGE PROPERTY NEAR RYE RIDGE SHOPPING CENTER 2. FIRE HOUSE SITING PROCESS 3. POTENTIAL IMA WITH THE COUNTY OF WESTCHESTER TO ACQUIRE A PORTION OF NORTH RIDGE STREET UNFINISHED BUSINESS: CONVENE MEETING: The meeting of the Board of Trustees was called to order at 7.30 p.m. by Mayor Filipowski. PRESENT: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald Degling Trustee Dean Santon Trustee Lawrence A. Rand STAFF: Christopher Bradbury, Village Administrator Ingrid Bent, Assistant to the Village Administrator Kenneth Powell, Village Attorney David H. Stolman, AICP, PP, Village Consultant David S. Kvinge, RLA, AICP, Village Consultant Chief Robert Santoro, Police Chief Victor Carosi, Village Engineer William Gerety, Building Inspector Paula Patafio, Meeting Secretary Mayor Filipowski called the meeting to order at 7:30 p.m., beginning with the Pledge of Allegiance. He welcomed everyone to the June 12, 2001 meeting of the Board of Trustees. As a courtesy to Fire Chief William Oxer, and the other fire fighters who were in attendance, Mayor Filipowski requested a change in the order of the agenda and called for the Fire Chief's presentation. 2 June 12, 2001 Chief Oxer thanked the Mayor and the Board for their consideration. He noted that he had prepared a report for the meeting and would give a brief synopsis of it for the Board. The first item that was reviewed was equipment which is currently in use. Chief Oxer noted that one of the engines, #14, has been disabled for the past five weeks. It is a 1978 Maximum and Mr. Bradbury is currently looking into whether it is worth repairing the engine. He stated at this time there is only one engine—Ladder 30 —that is going out on all the calls. Chief Oxer reviewed the work schedule, noting that on May 29th the Rye Brook Fire Fighters were working 9:00 a.m. to 5:00 p.m., five days a week. They have extended their schedules from 7:00.a.m. to 7:00 p.m., seven days a week, and are working three men per shift, with a seventh man as a floater for sick days, holidays, vacations, etc. On May 23rd & 25th, off-duty paid staff from Port Chester and Rye Brook attended a training session at the Training Center in Valhalla. The Rye Brook Firefighters marched, along with the Port Chester Volunteer Firefights, in the Memorial Day Parade. At the parade they assisted in providing emergency services for three members of the Port Chester High School Marching Band who were overcome by the heat. Chief Oxer noted that there were 73 alarm responses in Rye Brook. He broke it down, noting that there were 13 calls which were answered by both Rye Brook and Port Chester; 13 EMS calls were answered by Rye Brook; 37 calls were responded by Port Chester during Rye Brook's off-time; 24 EMS calls were answered by Port Chester during Rye Brook's off time. Chief Oxer informed the Board that discussions have been taking place between the Fire Advisory Board, Port Chester and Rye Brook. They all agree that too much apparatus is dispatched on calls. When the contract was put together a few years ago, Rye Brook asked for the same response that was being given to Port Chester. As Port Chester is now cutting down on the amount of equipment sent out, Chief Oxer suggested that Rye Brook also cut back. Responding with one engine will also leave the equipment to go in another direction should a second call come in. Mr. Bradbury noted that the Firefighters Advisory Board agrees with the Chief on this issue. Mr. Bradbury stated that as this involves a change in the agreement he and the Port Chester Attorney is drafting a Resolution to be placed before the Board in order to amend the current contract. Trustee Donald Degling thanked Chief Oxer for his report. Trustee Dean Santon noted that the Board was very appreciative of the report. He suggested that the Chief be asked to submit monthly reports. He asked what the Chief felt the proposed impact, if any, regarding the proposed Regulation 1710 and 1720 would have 3 June 12, 2001 on the combined Port Chester/Rye Brook Fire Service. Chief Oxer responded that there would be no impact, because there is a sufficient number of volunteers available to respond. Trustee Santon asked how it would affect the paid men. Chief Oxer stated that they would be exempt because it is a combined paid and volunteer fire service. Trustee Santon asked if Chief Oxer would give his opinion of a site for the firehouse in Rye Brook. The Chief's personal opinion was that if Rye Brook was going to separate from Port Chester then, the fire station should be centrally located within Rye Brook. If Rye Brook is to remain with Port Chester the Village Hall site would be fine. At this time there is also mutual aid coverage from adjoining communities. Chief Oxer asked if the Port Chester Fire Department's services would be required at Rye Brook Birthday Celebration. Mr. Bradbury responded that his office would provide the information to the Chief. Mayor Filipowski thanked Chief Oxer for his presentation. He then called for the first item on the agenda under Public Hearings. PUBLIC HEARINGS: 1. CONSIDERING THE SPRINT APPLICATION TO BUILD AN ATTACHED WIRELESS TELECOMMUNICATION FACILITY AT 900 KING STREET Mr. Daniel F. Leary, of Cuddy, Fader & Worby, LLP, addressed the Board. Also in attendance were Mr. Sean P. Ryan, Site Specialist, and Mr. Richard C. Fischer, RF Engineer. Mr. Leary noted that this application consists of installing nine antennas to be pipe mounted on the penthouse roof on the existing roof of the office building on 900 King Street. These proposed antenna will close a gap in coverage for Sprint in this area. The original application was filed in November of 2000, and was referred to the Planning Board. The applicant appeared before the Planning Board in the beginning of 2001. They have also worked with the Village's consultant from the firm of Lawler, Matusky & Skelly Engineers and Mr. Akira A. Yamasaki. The applicant provided a comprehensive package for the consultants, which was done. As a result, a report was submitted by Lawler, Matusky & Skelly to the Village which confirmed the justification for the site, the radio frequency information, and the health and safety information. In May of 2001. a mock-up visual test was conducted. It was viewed by members of the Board of Trustees, the Planning Board, and neighboring residents. A Resolution was adopted by the Planning Board in which they recommended approval subject to certain conditions. 4 June 12, 2001 The applicant has received a memorandum from Frederick P. Clark Associates, requesting additional information from the applicant. Information in response was faxed to the Village Hall today and Mr. Leary presented this memo to the Board. He noted that the F.P. Clark memo has been addressed and the plans have been revised. Mr. Douglas J. Roberts, AIA, of the firm of URS, has completed this task. He asked that Mr. Roberts be allowed to make a brief presentation. Mr. Roberts presented the Board with the revised drawings. A request was made to show a cross section of the building in order to show what the antenna will look like. The plans presented addressed all of the most recent requests. Mr. Leary noted that the Board has requested that the owner of the property appear in support of this application. In order to provide the Board with proof of the owner's consent, the applicant provided the Board with the signature page of the lease, showing that the owner had executed the application, the signed form has been submitted. With regard to collocation, Mr, Leary submitted a document which should assist the Board in reaching a comfort level regarding this issue. In the document, the applicant attests to the fact that the owner would allow collocation. A Certification from the owner that collocation would be allowed was also provided. This document is subject to negotiating terms and zoning regulations. The applicant revised and resubmitted its RF Affidavit. A question was raised as to whether or not it needed to be clarified to address facilities in the search area and to track the language of the Code saying that it would be technically impractical to go elsewhere. The applicant believes that it is as there are no other collocation opportunities on existing facilities. This particular site does address the service coverage gap at this site. Mr. Leary stated that the applicant was prepared to answer any questions that the Board and/or members of the public might have. The applicant has tried to be cooperative during the process and at this time believes that the application demonstrates that it is entitled to an approval from the Board of Trustees. Mayor Filipowski stated that as the Board did not have sufficient time to review the response from the applicant, the public hearing must be left open in order to give everyone sufficient time to review the information. Mr. Leary agreed with the Mayor, and noted that although there seemed to be a ton of information it really is not a lot of extra information from what has been previously provided. 5 June 12, 2001 Mr. Leary noted that an emissions statement has been provided, to which the Village's consultant has opined that there would not be a safety issue with regard to this application. Trustee Lawrence Rand noted that he was pleased to see that the applicant has responded to virtually all of the Board's questions and concerns. Mr. Leary responded that there was no conflict between Sprint's frequency and the State's frequency. The applicant's proposal does not preclude the possibility of the State collocating on 900 King Street. Mayor Filipowski asked for comments from members of the public. Dee Dee Mitchell of the Arbors addressed the Board. She noted that Sprint will be using the penthouse for the antenna. She expressed her concern that collocation could create a forest effect in terms of many, many antennas. Even though the emissions may not be bad when only considering the Sprint antenna, additional antenna will increase the emissions. She asked if the would stop additional carriers from collocating once this application is approved. Daniel Tartaglia, Esq., representative for the Arbors Homeowner Association, addressed the Board. He noted that the Arbors is part of this P.U.D. Zone. It has co- existed for a long time with 900 King Street in this part of the Village. The P.U.D. Zone was designed for this particular project and it came as a surprise to the residents of the Arbors that the Village of Rye Brook had adopted a Resolution which permitted cell antennas within the P.U.D. Zone. Mr, Tartaglia felt that setting the public hearing without additional information might be premature. He stated that he had information to indicate that 900 King Street is, at best, an abandoned non- conforming use within the Village of Rye Brook. According to the Village's Zoning Ordinance, permitting an application such as this to go forward with regard to that location, and improvements at that location, would be an expansion of that non- conforming use. This application should be referred to the Zoning Board of Appeals in order for the applicant to obtain variances between what exists there and what is permitted and required under the P.U.D. and by the Village of Rye Brook. In May of 1998 a Resolution from the Board of Trustees attempted to conform all of the inconsistencies. Mr. Tartaglia stated that you cannot by Resolution make consistent and conforming what is non-conforming. The only way to do that is by going before the Zoning Board of Appeals and obtaining Variances. There are issues regarding height, setbacks, bulk dimensional restrictions and floor area ratio. It is also of great concern to the residents of the Arbors, and the Homeowners Association that everything that has been done thus far has been done without the input from the residents of the Arbors. 6 June 12, 2001 Trustee Santon followed up on several comments made during the course of the meeting. He agreed that it was premature to place this item on the agenda for Public Hearing. He felt that many of the issues raised by the Planning Board have not been answered. He mentioned the fundamental zoning issues and stated that he felt that the legality of the use of the building needed to be clarified. This building is part of the P.U.D. A suit was brought by many of the homeowners within the Arbors to control the building. The end product was that the building was to be no more than 35' or two stories in height. It was to be no more than 163,000 square feet and then there were various setback requirements. This building is currently at approximately 193,000 square feet. It is clearly three stories and the penthouse makes it four. There is a building height of 46' and 39' to the roof-line. In addition, there is opposition from the neighboring property owners with regard to this project. It was Trustee Santon's opinion that the P.U,D. has been violated. He felt that the Board needed to resolve the outstanding issues surrounding the building before any additional permits are issued. Trustee Santon noted that since the December 14, 2000 meeting of the Planning Board it has been asking that the owner adjoin the application. To date, no representative from Brickman Associates has appeared before the Board. Trustee Degling discussed the issue of collocation on the site. He noted that anyone proposing collocation would have to make an application. The penthouse can be used until the electro-magnet emissions have reached the allowable limit of the FCC and he questioned how many antennas that would be. He felt that this number could cause this building top to look like a forest of antennas. He asked for a total number of antennas that could be collocated on this building — whether it be one or twenty- one. Mr. Leary responded to several of the comments made by the Trustees. He noted that, in his opinion, the Certification from the property owner was sufficient. He also stated that each carrier would have to submit their own application, and studies, to be considered for collocation on this existing rooftop. With regard to the allegations that this building is unlawful, Mr. Leary stated that to the best of his knowledge it is legal. If someone alleges violations then it is incumbent upon them to prove it not the applicant. The 1998 Resolution is a confirmatory Resolution. At that time the Building Department followed up with a letter stating that this building was a lawfully conforming building. Mr. Leary noted that there is clearly opportunity for other carriers to collocate on this building. They would have to make applications to the Village, as well as meet all of the FCC standards. He did note that it is not unusual for a number of carriers to place their antenna on rooftop such as this because the accumulative impact does not come even close to the maximum remittance allowed. In his opinion there was 7 June 12, 2001 clearly the opportunity for other carriers to place antennas on this rooftop without running afoul of the standards. However, this would have to be demonstrated on an application-to-application basis. Mr. Richard Fischer, Engineer from Sprint, noted that each carrier puts out different amounts of power, depending upon the area that needs to be covered. He noted that it was possible to put 100 antenna with six carriers in the same area without even touching the FCC levels. Mr. Leary noted that the long and short of it is that each carrier must comply with the FCC standards. This is a Federal law. If the cumulative effect is in access of the MTE, then it can't happen. Trustee Rand stated that there were still a number of outstanding questions. The Board, being interested in the quality of life for all residents of the Village, must have answers to these questions before a decision can be reached. Mayor Filipowski asked if the Village's consultants would be available to be in attendance in two weeks. As they were, he suggested placing this item on the agenda for the next Board of Trustee meeting. Trustee Santon asked how the fundamental underlying zoning issues were going to be addressed. He noted that Mr. Leary's firm is very familiar with this building and the other projects that did not come to fruition on this site. He felt that the Board needed to address how a building is 30,000 feet larger than it is supposed to be. . It cannot be ignored that this building is three stories and it was suppose to be two. There was to be underground parking, but now there is a lobby and office space. The Planning Board, after the December 14th presentation by Sprint, noted that a discussion regarding the site needs to take place with the building owner, and yet the Building owner has not responded to the Village's requests to attend a Board of Trustee Meeting. Mayor Filipowski referred these questions to counsel. Mr. Ken Powell responded that this is a specially permitted use in the P.U.D. Mayor Filipowski asked Mr. Powell to submit a memorandum covering these issues. Trustee Brackman asked for assurance that Mr. Powell's memo would deal with the issue of the 1998 Resolution. Mr. Powell noted that he would have a memo prepared within two weeks. He stated that one of the basic problems of the 1998 Resolution was that the Village did not have the original approvals from the Town. One purpose of the Resolution was to try and fill the gap. Mr. Bradbury noted that the public hearing will be left open and adjourned to June 26th 8 June 12, 2001 On a motion made by Trustee Brackman, and seconded by Trustee Rand, the public hearing was adjourned. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. CONSIDERING A PROPOSED AMENDMENT TO THE RYE BROOK CODE OF EHTICS REGARDING POLITICAL ACTIVITIES GUILDINES. Michael S. Goldstein, Esq., Chair of the Ethics Board, addressed the Board. He noted that prior to the 2000 Election Trustee Rand asked to review a concept called political activity guidelines. Mr. Goldstein noted that the Ethics Board is the only Board that judges Village employees, Board of Trustee members, and members of other Commissions, Committees, Task Forces and Boards. Therefore, it is inappropriate for members of this Board to become politically involved. If a member of the Ethics Board supported the election of a Village Board member and, for whatever reason, the Board member was brought up on a charge, that would be an uncomfortable situation that could possibly lead to impropriety. For instance, if the Board member was cleared of the charges alleged against him/her someone may look upon this and say that that was because so-an-so campaigned for him/her. After consideration, the Ethics Board has decided to draft a set of guidelines, which would only apply directly to its Board members, to prevent involvement in political activities. Mr. Powell was asked to assist the Board, as a result, he researched whether or not it could prepare its own guidelines on this issue. Together with Mr. Powell, the Board looked at other Ethics Boards' procedures. They also researched how groups like the League of Women Voters handled this issue. Once completed, the Ethics Board prepared the guidelines which are before the Board this evening (copy attached as part of minutes), Mr. Goldstein also noted that these guidelines apply to the family members of the Ethics Board. The reason for this is that potentially a husband or wife of a Board member could run a campaign while the Board member sat nearby. Trustee Degling asked why the guidelines should be incorporated in the Code itself as a local law. Mr. Goldstein noted that technically the Ethics Board Guidelines only pertain to the four members. 9 June 12, 2001 Trustee Rand noted that the rationale behind these guidelines is that each year the Ethics Board has the right to make its own rules. A future Board can chose to disregard these rules of procedure. The public would be better served if these rules are part of the Code. Any changes or revisions would then need to be made in public and therefore the public is better served. Mr. Goldstein noted that the current Board has actually gone through having a member who was very politically active. A new Board may not understand the repercussions of this type of involvement and could change the Guidelines. If the guidelines are part of the Village Code then no one would be able to make this change without a public hearing. On a motion made by Trustee Rand, and seconded by Trustee Degling, the public hearing was closed. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury read a Resolution amending the Local Law. RESOLUTION ADOPTION OF LOCAL LAW BOARD OF ETHICS POLITICAL ACTIVITY GUIDELINES RESOLVED, that the Local Law amending Section 24-9 of the Code of the Village of Rye Brook to add a Subdivision D in relation to establishing political activity guidelines for members of the Rye Brook Board of Ethics be and hereby is enacted into law as Local Law# 2 - 2001. Trustee Degling felt that this local law was inconsistent with the Code. He felt that this causes the Ethics Board to lose power as it has been delegated to the Board of Trustees. He objected to the policy behind this local law. He asked that the Ethics Board be allowed to adopt whatever rule it wanted to, and make them more stringent if they chose to. Mr. Powell noted that the current provisions of the Code of Ethics does state that the Ethics Board has the power to make their own rules and procedures. 10 June 12, 2001 Trustee Rand noted that the concept of the goal goes with the prerogative of the Board to make amendments. Loopholes exist and the current Ethics Committee is looking to make the Code more responsive to meet the needs of the community. This amendment will help keep everything on a relatively non-partisan basis. Trustee Santon asked for the opportunity to read the Resolution and then have it put on for a future meeting. He asked for time to reflect on it. Mr. Bradbury noted that the Resolution would be prepared for the next meeting. Mayor Filipowski moved to the Resolution portion of the meeting and called for item#1: 1. CONSIDERING APPROVAL OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION, INC. Mr. Bradbury read the following Resolution: RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION, INC. RESOLVED, that the Village of Rye Brook is authorized to enter into a collective bargaining agreement with the Rye Brook Police Association Inc., for the period of June 1, 2001, to May 31, 2004, subject to the Police Association's ratification before July 1, 2001, on the terms and conditions set forth in the Stipulation of Agreement, which is hereby approved on behalf of the Village of Rye Brook; and it is FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Brackman, seconded by Trustee Rand, the following resolution was adopted. I1 June 12, 2001 TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. SUPPORTING SENATE BILL 5362 AND ASSEMBLY BILL 7442 CONSTRUCTION OF CELL TOWERS ON SPECIAL PARKWAYS Mr. Bradbury read the following Resolution: RESOLUTION SUPPORTING SENATE BILL 5362 AND ASSEMBLY BILL 7442 CONSTRUCTION OF CELL TOWERS ON SPECIAL PARKWAYS WHEREAS, companion bills have been introduced in the Senate and the Assembly of the State Legislature by Senator Spano and Assemblyman Brodsky, identified as Senate bill 5362 and Assembly bill 7442, which, if enacted, would prohibit the New York State Department of Transportation from allowing the construction of telecommunication towers on Special Parkways without local approval, including the Hutchinson River Parkway; and WHEREAS, Crown Castle International has proposed to construct a 150 foot tower in the Village of Rye Brook on the Hutchinson River Parkway right of way in proximity to a residential area and schools; and WHEREAS, the Village of Rye Brook has and continues to strenuously object to Crown Castle International's proposed tower and has asserted the legal position that the proposed tower will require the approval of the Village of Rye Brook and is subject to the Code of the Village of Rye Brook, including the Village's Wireless Telecommunications Facilities Law; and WHEREAS, the Village of Rye Brook support of the enactment of these proposed bills is without prejudice to the Village's legal position that Village approval is already required by law. NOW, THEREFORE, BE IT 12 June 12, 2001 RESOLVED, that the Village of Rye Brook supports Senate bill 5362 and Assembly bill 7442 and urges our representatives in Albany to use all honorable means to secure the passage of these bills into law. On a motion made by Trustee Degling, seconded by Trustee Rand, the following resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. OPPOSING SENATE BILL 5279 AND ASSEMBLY BILL 8587 BENEFITS UNDER SECTION 207-c OF THE GENERAL MUNICIPAL LAW Mr, Bradbury read the following Resolution: RESOLUTION OPPOSING SENATE BILL 5279 AND ASSEMBLY BILL 8587 BENEFITS UNDER SECTION 207-c OF THE GENERAL MUNICIPAL LAW WHEREAS, Section 207-c of the General Municipal Law provides special benefits to a police officer injured in the line of duty, including the continuation of a regular salary; and WHEREAS, Section 207-c presently grants municipal officials the authority to determine whether an officer is eligible to receive benefits under the statute; and WHEREAS, proposed legislation has been introduced in the State Legislature (A. 85871 S. 5279) which would transfer the authority of municipal officials to make determinations under Section 207-c to the Worker's Compensation Board; and WHEREAS, the New York State Conference of Mayors and Municipal Officials has submitted to the State Legislature a memorandum in opposition to this proposed legislation noting that its enactment would establish " the wrong standard 13 June 12, 2001 for deciding section 207-c benefit claims and exposes those municipalities with police departments to an enormous financial liability." NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook opposes the enactment of Senate bill 5279 and Assembly bill 8587 and urges our representatives in Albany to use all honorable means to oppose the enactment of this proposal into law. Mr. Bradbury noted that Worker's Compensation covers injuries like a trip and fall. The benefits offered under 207-c cover injuries incurred while in the line of duty, such as while chasing a suspect. Either way the individual qualifies for benefits, but the 207-c is a greater benefit than Worker's Compensation. This Resolution retains the ability to make the decision of which benefits the injured officer will receive. Trustee Santon asked Mr. Bradbury what the genesis for this legislation was. Mr. Bradbury noted that for many years 207-c and Worker's Compensation have been treated the same in the Municipalities. 207-c was created for special circumstances. The intent of this benefit was not to cover a trip and fall injury but rather it was created injuries sustained while performing the more dangerous duties of being a police officer. On a motion made by Trustee Degling, seconded by Trustee Rand, the following resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. APPOINTMENTS TO THE RECORDS MANAGEMENT COMMITTEE Mr. Bradbury read the following Resolution: 14 June 12, 2001 RESOLUTION APPOINTMENTS TO THE RECORDS MANAGEMENT COMMITTEE RESOLVED, that the following individuals are hereby reappointed to the Records Management Committee: Francis L. Filipowski, Mayor Christopher J. Bradbury, Village Administrator Diane DiSanto, Treasurer Robert Santoro, Police Chief Jean Gesoff, Senior Citizen Coordinator On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. AUTHORIZING THE INCREASE IN MEMBERSHIP TO VILLAGE OR RYE BROOK'S BOARDS, COUNCILS AND COMMISSIONS Mr. Bradbury read the following two Resolutions: RESOLUTION AUTHORIZING THE INCREASE IN MEMBERSHIP OF THE AIRPORT ADVISORY COUNCIL RESOLVED, that the Rye Brook Airport Advisory Council be and hereby is expanded from nine (9) to ten (J 0) voting members. 15 June 12, 2001 RESOLUTION AUTHORIZING THE INCREASE IN MEMBERSHIP OF THE TELECOMMUNICATIONS COMMISSION RESOLVED, that the Rye Brook Telecommunications Commission be and hereby is expanded from eight (8) to nine (9) members. On a motion made by Trustee Brackman, seconded by Trustee Rand, the following resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. CALLING FOR A PUBLIC HEARING ON LOCAL LAW TO INCREASE THE MEMBERSHIP OF THE TRAFFIC COMMISSION FROM SEVEN (7) TO NINE (9) MEMBERS RESOLUTION CALLING FOR A PUBLIC HEARING ON A LOCAL LAW TO INCREASE THE MEMBERSHIP OF THE TRAFFIC COMMISSION FROM SEVEN (7) TO NINE (9) MEMBERS RESOLVED, that the Board of Trustees of the Village of Rye Brook shall conduct a public hearing on Tuesday, June 26, 2001 at 7:30 pm at the Village Offices located at 938 King Street, Rye Brook, New York on a proposed local law amending Section 59-2 (A) of the Code of the Village of Rye Brook to increase the membership of the Traffic Commission from 7-9 members; and it is FURTHER RESOLVED, that the Village Clerk shall publish a notice of public hearing as required by law. 16 June 12, 2001 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 RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for a five minute recess. Upon the Board's return, he called for item ff7 on the Agenda. 7. REFERRING ROSEN SUBDIVISION, 48 LINCOLN AVENUE, SECTION 1, BLOCK 12, LOT IA5.2 TO THE PLANNING BOARD Mr. Bradbury read the following Resolution: RESOLUTION REFERRING ROSEN SUBDIVISION 48 LINCOLN AVENUE SECTION 1, BLOCK 12, LOT IA5.2 TO THE PLANNING BOARD RESOLVED, that the application of Christopher Scelfo to subdivide a 4.126 acre parcel at 48 Lincoln Avenue into three lots is referred to the Planning Board and the Advisory Council on Environmental Conservation for a report and recommendation; and it is further RESOLVED, that the applicant shall deposit three thousand dollars into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the cost of review of this application; and it is further RESOLVED, that the applicant shall provide notice of this application by mail to property owners, located within 500 feet of the proposed subdivision, as shown on the last Village assessment roll, to the satisfaction of the Building Inspector. Trustee Santon questioned when the neighbors would be notified about the subdivision. Mr. Bradbury responded that there is no notification required for a 17 June 12, 2001 subdivision, however the neighboring property owners will be notified at the time of the Public Hearing. Mr. Ken Heller of Lincoln Avenue addressed the Board. He stated that the subject property is wetlands. Other issues to be considered are drainage and environmental issues. After a discussion about notification, a revised Resolution was read into the record: REVISED RESOLUTION RESOLVED, that the application of Christopher Scelfo to subdivide a 4.126 acre parcel at 48 Lincoln Avenue into three lots is referred to the Planning Board and the Advisory Council on Environmental Conservation for a report and recommendation; and it is further RESOLVED, that the applicant shall deposit three thousand dollars into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the cost of review of this application; and it is further RESOLVED, that the applicant shall provide notice of this application by mail to property owners, located within 500 feet of the proposed subdivision, as shown on the last Village assessment roll, to the satisfaction of the Building Inspector. Trustee Santon asked if Harrison has been notified. Mr. Gerety responded that the Harrison's Building Department has been notified of the subdivision. Mr. Scelfo noted that there are no plans for further subdividing the property. He is only developing the dry side of the property. It was also noted that Harrison portion cannot be subdivided as it does not meet the lot size requirements. In addition, the property belongs to Mr. Rosen, who will be staying in the existing home. 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 RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 18 June 12, 2001 8. CONSIDERING THE APPROVAL OF MINUTES: February 27, 2001 April 4, 2001 — Special Meeting On a motion made by Trustee Brackman, and seconded by Trustee Degling, the February 27, 2001 minutes were accepted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON ABSTAIN MAYOR FILIPOWSKI VOTING AYE On a motion made by Trustee Rand, and seconded by Trustee Degling, the minutes for the April 0 Special Meeting were accepted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski moved to the discussion portion of the meeting. DISCUSSIONS: 1. VILLAGE PROPERTY NEAR RYE RIDGE SHOPPING CENTER Mr. Bradbury noted that discussions regarding this property have taken place and there was a review by the Advisory Council for Parks and Recreation. It was decided to use the property as passive parkland. Trustees Brackman, Degling and Rand agreed with this decision as the property was deeded to the Village for use as parkland. Trustee Santon, who originally brought this issue before the Board, thanked Mr. Bradbury for his research into this issue. He did, however, note that there is encroachment on this property by adjacent homeowners which includes the 25' x 100' piece of property that connects Roanoke 19 June 12, 2001 to this parkland. Mr. Bradbury responded that it is the intent of the Village to put a few amenities in the area and correct the rear yard encroachments. Mayor Filipowski asked Mr. Gerety and Mr. Carosi to walk the area and present the Board with feedback from their inspection of the property. 2. FIRE HOUSE SITING PROCESS . Trustee Santon began the discussion by noting that it was his belief that the current firehouse siting process is more a process to design a program for a firehouse -- wherever it may go. It is not site specific. The RFP does not have as its primary intent the siting of the firehouse and this is a concern for Trustee Santon as he felt it put a hold on siting the firehouse. He asked that the Facilities Committee be invited to come before the Board of Trustees to review the criteria it used it selected the Village Hall complex as the site for the firehouse. He expressed concern over why the Village Hall site was selected. He reminded the Board that the residents of the Arbors are opposed to the use of Arbor Drive for the driveway of the firehouse Mayor Filipowski noted that the Chairman of the Committee has been invited to address this issue at the next Board of Trustee meeting. Mr. Bradbury reminded Trustee Santon that this program issue has been discussed with the Board. Part of the RFP is the ability to take the information, create a sketch, and then decide what the best location for the firehouse will be on the Village Hall property. Trustee Brackman noted that the Facilities Committee has had many hearings on this issue. The Committee has presented its findings and chose the best possible site. Other sites have been discussed over the years. Red Roof Farm was one site. Other sites were the Sleepy Hollow Site and the property along the Hutch. At this time there are no other potential sites. A lot of work has been done on this project and, in Trustee Brackman's opinion, it is important to not push aside all the work that has been done. Mr. Gary Zuckerman of Hillandale Road addressed the Board. He suggested that the Board consider expending funds to purchase another site. He felt that there may be properties within the Village that are suitable for the siting of the firehouse. Trustee Rand noted that this issue is complex. Sooner or later the Board must make a determination. Sometimes what appears to be the perfect site turns out to not be as perfect as it seems. The members of the Facilities Committee have worked on this project for several years and it was decision that the Village Hall site is the best site. 20 June 12, 2001 Mayor Filipowski stated that the next step will be taken on June 26th. 3. POTENTIAL IMA WITH THE COUNTY OF WESTCHESTER TO ACQUIRE A PORTION OF NORTH RIDGE STREET Trustee Santon asked if Mr. Bradbury could please give the public a timeline with regard to this project. There has been some opposition from residents regarding suggested changes to Ridge Street. He felt that the public should have the opportunity to add its input with regard to this decision. Mr. Heller reminded the Board of Trustees that if the County is giving up the road to the Village that the Village will then be responsible for repairs, plowing, and maintenance. Repaving alone requires a large budget. Lincoln Avenue, which is owned by the Village, is in need of repair. In his opinion, the County should keep Ridge Street and bring it up to standard. The residents of Rye Brook are not the only people who use Ridge Street. Trustee Santon agreed with Mr. Heller that owning this roadway could be very costly for the Village. Rye Brook should not be forced to take ownership of a road just to get it prepared. He asked that the Village's Department of Public Works has provided numbers to show the residents what it will cost to own the road. Mr. Bradbury stated that Trustee Santon brought up many good points. The County has been asked for all materials that it has in place with regard to Ridge Street. Once the Village has all the information, and the plans, then it can evaluate this proposal. Until the Village Board is prepared to take over the road, the County cannot make them do it. In addition to outlining the costs, Mr. Bradbury will also be outlining the benefits. UNFINISHED BUSINESS Trustee Santon stated that a Village Administrator's report be added to provide updated on outstanding items. This agenda item will allow Mr. Bradbury to make a presentation for the public. Under the current procedures there was no way to address old business. Mr. Bradbury stated that he was more than happy to prepare a report for the next meeting. 21 June 12, 2001 Mayor Filipowski noted that the next Board of Trustee meetings are scheduled for Tuesday, June 26th and Tuesday, July 10t�1. Mayor Filipowski reminded the public that Rye Brook's 19th Birthday was scheduled for Saturday, June 16th, from 12:00 to 4:00. Anyone wishing to volunteer should attend a meeting at Crawford Park on Friday, June 15th, at 4:00 p.m. Mayor Filipowski offered Ingrid Bent, Assistant Village Administrator, congratulations on her upcoming wedding which is scheduled for June 16th. Mayor Filipowski asked for an Executive Session on personnel. On a motion made by Trustee Rand, and seconded by Trustee Degling, an Executive Session was scheduled. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski asked if anyone from the public wished to address the Board. Mr. Mark Rosenberg,-of Mohegan Lane, addressed the Board. He noted that on February 3, 1999 Mr. Carosi wrote to him regarding the new storm drainage pipes. He pointed out that there is a Retention Pond, which was created to handle the water coming off of the Blind Brook Estates. He presented photographs to the Board of what the Pond now looks like. The bottom line here is that the drainage site has not been completed. It now resembles a toxic waste dump, although he was not claiming that there were environmental hazards on the site. There was no plan for what this site was suppose to look at the time of construction, but Mr. Rosenberg stressed to the Board that it was never intended to look like it does now. The idea behind the retention pond was to take water in and let it wait until it was able to flow out of the pipe. Unfortunately what is left behind is unsightly. This project remains incomplete. In addition, Mr. Rosenberg noted that many of the properties along Mohegan Lane were cut in order to construct the drainage system. The properties that were disturbed have not been put back to the way that they were before the construction. He also reminded the Board that his driveway has not been repaired, as promised, from 1999. 22 June 12, 2001 Mr. Victor Carosi noted that a memorandum has been submitted to the Board with regard to this issue. This area did receive Army Corp of Engineering permitting. The final phase of this project involves the growing of plant species in the area. This is a wetland area that was created as a replacement of the wetland area that was lost in the ball field area. With regard to Mr. Rosenberg's driveway, the Village is moving forward in order to get the driveway completed. When the contractor gives a specific date, Mr. Carosi will prepare a memo for the Mayor. Trustee Brackman asked what the pond will look like in the end and if fences have been considered for the area. Trustee Santon also asked what the ultimate visual effect would be in this area. Mr. Carosi stated that the pond should be operating as intended by next month. Mr. Carosi stated that the storm water will go through a storm drain and then into this wetland area, The design goal is that wetland species will be growing there that will slow the water down to allow the nutrients to be absorbed by the plants. In a normal rainfall water will flow through. During periods of heavy rainfall, water will sit until it drains. The issue of fencing has been looked into as part of the ball field. Mr. Carosi reminded the Board that there is a $1.7 million dollar bond held for this project. Mayor Filipowski announced that the Westchester Municipal Planning Federation has given the Village a plaque for outstanding planning achievement for its Vision Plan. For public information, Mayor Filipowski noted that the King Street repaving near the Blind Brook High School and Middle School will start two weeks after the school closing. There being no further business before the Board, the meeting was adjourned at 10:42 p.m. Respectfully submitted, Christoph KJ. BLdbury Village Mr 23 VILLAGE OF RYE BROOK ETHICS BOARD No Political Activities Guidelines WHEREAS, the Village of Rye Brook's Ethics Board must, at times, render advisory opinions as to the activities of Village employees and officials, and; WHEREAS, The Village of Rye Brook's Ethics Board must remain impartial and void of any appearance of improprieties; The Village of Rye Brook's Ethics Board adopts the following Guidelines:* a) No Ethics Board member" shall seek election or hold any publicly elected Village office. b) No Ethics Board member shall accept appointment to fill an unexpired term of any public office normally filled by election. c) No Ethics Board member shall hold any Village political party office. d) No Ethics Board member shall work on, manage, or take any active role in the political campaign of any candidate for any elected or appointed Village office. e) No Ethics Board member shall publicly endorse any candidate for Village office. f) No Ethics Board member shall contribute to any Village candidate, or political party, any sum over $100. Contributions of lesser sums must be done without any publicity. g) No Ethics Board member shall request any person to make a contribution to the political campaign, or work on the political campaign, of any candidate for any elected or appointed Village office.- h) No Ethics Board member shall sponsor or host any parties or fundraisers for any candidate for Village office. If an Ethics Board member feels that he/she must participate in any of the above activities, the Ethics Board member must first resign from Ethics Board.