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HomeMy WebLinkAbout2001-07-10 - Board of Trustees Meeting Minutes July 10, 2001 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET Tuesday,July 10, 2001 - 7:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARING: 1. CONTINUATION OF PUBLIC HEARING ON SPRINT APPLICATION TO BUILD AN ATTACHED WIRELESS TELECOMMUNICATION FACILITY AT 900 KING STREET RESOLUTIONS: 1. APPOINTING KEANE &BEANE, P.C. AS THE VILLAGE ATTORNEY FOR THE VILLAGE OF RYE BROOK 2. RETAINING PATRICK MCEVILY ASSOCIATES, INC. TO APPRAISE PROPERTY ON BOWMAN AVENUE 3. CONSIDERING INCREASING THE FEES OF THE RECREATION YOUTH SPORTS PROGRAMS 4. APPROVING THE USE OF VALLEY TERRACE FOR THE VALLEY TERRACE BLOCK PARTY S. APPROVING LOCAL LAW NO. 2 - 2001 TO INCREASE THE MEMBERSHIP OF TRAFFIC COMMISSION FROM 7 TO 9 MEMBERS 6. TRANSFERRING FUNDS FROM CONTINGENCY TO LIBRARY ACCOUNT 7. AUTHORIZING AMENDMENT TO VILLAGE'S CODE OF ETHICS TO INCORPORATE NO POLITICAL ACTIVITY GUIDELINES DISCUSSIONS: I, PROGRAM FOR PLANTING OF TREES/SHRUBS ON VILLAGE PROPERTY AND RIGHT OF WAYS I July 10, 2001 2, CREATION OF PRIORITIZED LIST OF FUTURE ROADWAY/ SIDEWALK IMPROVEMENTS THROUGHOUT THE VILLAGE VILLAGE ADMINISTRATOR'S REPORT UNFINISHED BUSINESS NEXT TRUSTEES MEETING: JULY 24, 2001 and AUGUST 14, 2001 CONVENE: 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. 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 Richards, Assist. to the Village Administrator David H. Stolman, AICP, PP, Village Consultant David S. Kvinge, RLA, AICP, Village Consultant Robert Santoro, Police Chief Victor Carosi, Village Engineer William Gerety, Building Inspector Paula Patafio,Meeting Secretary Mayor Filipowski began the meeting by noting that the first item on the agenda was a continuation of the Public Hearing regarding Sprint's Application to build an Attached Wireless Telecommunication Facility at 900 King Street. PUBLIC HEARING: 1. CONTINUATION OF PUBLIC HEARING ON SPRINT APPLICATION TO BUILD AN ATTACHED WIRELESS TELECOMMUNICATION FACILITY AT 900 KING STREET 2 July 10, 2001 Mayor Filipowski noted that at the last Board of Trustee Meeting, Mr. Leary of the firm Cuddy & Feder & Worby, LLP, representative for the applicant, was unable to attend. Mr. Daniel Tartaglia, of DelBello Donnellan Weingarten & Tartaglia, LLP, representative for the Homeowners Association of the Arbors was in attendance and addressed the Board. He raised several issues that concerned the residents of the Arbors. At that time, Mr. Tartaglia notified the Board that he would not be able to attend the July 10, 2001 Board of Trustee Meeting. As the Board granted Mr. Leary's request to keep the Public Hearing open for the June 20h meeting, Mayor Filipowski suggested that Mr. Tartaglia's request to continue until the next meeting in July also be granted. The applicant felt that closure was appropriate as there were no major issues left unaddressed. It was the consensus of the Board that the Public Hearing should be kept open, Mayor Filipowski noted that as only three members would be in attendance at the July 201 meeting he suggested that the Public Hearing be kept open until the August 14, 2001 meeting, Mr. Leary asked that he be allowed to continue with his presentation to the Board in an attempt to respond to some of the issues brought up at the last meeting, as well to issues addressed in the Village Planner's memorandum. He stated that in response to the first two items of Mr. Stolman's memo, more details regarding the proposed color of the facility and specifications for the platform and the antenna mounts has been added as a Note on Sheet C. Mr. Douglas Roberts of URS Corporation stated that the color of the antenna will be an off gray color, as was shown on the mock-up. It was also noted that the cabinetry color that has been proposed is off-white, which is consistent with the color of the penthouse. Mr. Leary asked for a five-minute recess to discuss the options laid out before them this evening with regard to the continuation at the next meeting or continuing until August. Mayor Filipowski granted the request and a five-minute recess was called. The meeting was called to order and Mr. Leary addressed the Board. Although the applicant disagreed with the reasoning behind keeping the Public Hearing open, it agreed to accept the Board's decision. In addition, in light of the fact that there will not be a full Board on July 24, 2001, the applicant requested that the Public Hearing be put on the agenda for the August 14 meeting. Mr. Leary did request that the Board provide the applicant with a list of the outstanding issues. It is the applicant's strong expectation that this issue will reach a conclusion at the August 14"h meeting. Trustee Rand raised the issue of the owner of the property attending the next meeting. Mr. Leary noted that the applicant has requested that the owner attend, but he has declined to appear, The position of the owner, and of the applicant, is that he will not be 3 July 10, 2001 able to say or represent anything more than what is in his Certification. He is agreeable to making this property available for future co-locators, subject to the proper terms and conditions, and subject to Village code. Mr. Leary briefly touched on a few of the issues addressed by the Village Planner and Administrator. He noted that with regard to the landscaping the applicant agrees that it should be waived. With respect to the Removal Bond and Access Agreement, the applicant agrees that these can be conditions of the approval. The applicant understands that the Village's consultants spoke at the last hearing and that they, essentially, reaffirmed the information provided by the applicant. At this time the applicant does not feel that there are really any substantial issues left. Mr. Leary reminded the Board that this application has been pending since last November and once again expressed the applicant's desire to bring this issue to closure. Mr. Bradbury asked Mr. Stolman whether the questions of the antenna height have been addressed, Mr. ,Stolman stated that he would have to review the new plans. Mr. Roberts stated that this question was answered six weeks ago. Mr. Bradbury stated that on a June 21" memo there were still unresolved questions surrounding the issue of height. He asked that F.P. Clark review this issue, Mr. Stolman noted that he would be reviewing the plans, as well as the construction drawings. On a motion made by Trustee Dcgling, and seconded by Trustee Brackman, the Public Hearing will remain open until the August 14th meeting. TRUSTEE BRACKIVIAN Voting Aye TRUSTEE DEGLING Voting Aye TRUSTEE SANTON Voting Aye TRUSTEE RAND Voting Aye MAYOR FILIPOWSKI Voting Aye Due to the storm, the electricity had gone on and off twice between 7:30 and 8:00 p.m.. The third time, at approximately 8:15 p,m., Mayor Filipowski was advised that wires were down in front of Village Hall. The Fire Department had been dispatched and the Board was informed that it would be some time before the electricity could be restored. As a result, the Board decided to adjourn the meeting. Mayor Filipowski asked that one item on the agenda be addressed before the meeting was adjourned. He felt that it was important to pass the Resolution appointing Keane & Beane as the new Village Attorney. At this time the Village is without counsel. Mr. Ed Beane was in attendance at the meeting. 4 July 10, 2001 1. APPOINTING KEANE & BEANE, P.C. AS THE VILLAGE ATTORNEY FOR THE VILLAGE OF RYE BROOD Mr. Bradbury read the following Resolution; RESOLUTION APPOINTING KE ANE & BEANE, P.C. AS THE VILLAGE ATTORNEY FOR THE VILLAGE OF RYE BROOK RESOLVED, that the Village of Rye Brook Board of Trustees appoint Keane & Beane, P.C., 1 North Broadway, White Plains, New York as Village Attorney for a one year period commencing July 1, 2001 through June 30, 2002 and that the compensation for providing legal services to the Village as set forth in the retainer agreement dated June 19, 2001 be in the annual sum of not to exceed $80,000.00 payable in twelve equal monthly installments of$6,666,66 per month; and it is further RESOLVED, that the Mayor is authorized to sign the retainer agreement with Keane & Beane, P.C. dated June 19, 2001 and execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Santon adamantly opposed passing this Resolution. He felt that it was not appropriate to handle this Resolution this evening as he was not able to see his notes. He had several issues with this Resolution and the appointment of this firm and asked that this item be tabled until the next meeting so that he could properly review his notes and make his presentation. Mayor Filipowski stated that this item had been discussed during an Executive Session. At that time the majority of the Board members had expressed their opinions that it would be appropriate to pass this Resolution. He reminded Trustee Santon that the Village was without counsel and that Mr. Keane was in attendance at the meeting. Keane & Beane's job would be to assist the Village and he asked to continue with the Resolution. Trustee Santon commented that this item was not more important than any other item on the agenda. He felt that he should be allowed the proper circumstances during which time he would present information to substantiate his disapproval of this Resolution. He felt that there was no urgency to pass this Resolution. Mayor Filipowski disagreed with Trustee Santon's position. He again reminded Trustee Santon that the arrangements for Keane & Beane's contract were made prior to the 5 July 10, 2001 meeting. Until the Resolution is passed Keane & Beane cannot assist the Village. The Village has had discussions with this firm,but they were only in regard to this issue. Trustee Santon felt that it was inappropriate to approve the Resolution as there were issues, i,e. the conflict of interest in the Sprint application. He stated that he would bring this item up at the next meeting for further discussion. On a motion made by Trustee Brack an, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN Voting Aye TRUSTEE DEGLING Voting Aye TRUSTEE SANTON Voting No TRUSTEE RAND Voting Aye MAYOR FILIPOWSKI Voting Aye Mayor Filipowski noted that the next Board of Trustee meetings were scheduled for July 24 and August 14. He also noted that both he and Trustee Rand would not be in attendance at the July 24th meeting, As there was still no electricity, he asked for a motion to adjourn the meeting. On a motion by Trustee Brackman, and seconded by Trustee Degling, the meeting was adjourned at 8:30 p.m. TRUSTEE BRACKMAN Voting Aye TRUSTEE DEGLING Voting Aye TRUSTEE SANTON Voting Aye TRUSTEE RAND Voting Aye MAYOR FILIPOWSKI Voting Aye Respectfully submitted, Christopher J. B d ury Village Admin' tr or/Clerk b _ 1