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HomeMy WebLinkAbout2002-07-09 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING Tuesday, July 9, 2002 -- 7:30 p.m. VILLAGE HALL, 938 KING STREET AGENDA PRESENTATION: WAVENET PROPOSAL TO CONSTRUCT A NEXTEL CELL TOWER ON VILLAGE PROPERTY AT 940 KING STREET. PUBLIC HEARINGS: 1) CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING PARKING OF PERSONAL AND COMMERCIAL MOTOR VEHICLES. 2) CONSIDERING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE TO REDUCE THE NUMBER OF MEMBERS AND ADJUST THE TERMS OF OFFICE OF THE MEMBERS OF THE ADVISORY COUNCIL ON PARKS AND RECREATION. RESOLUTIONS: 1) ADOPTING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE WITH RESPECT TO REDUCING THE NUMBER OF MEMBERS AND TO ADJUST THE TERMS OF OFFICE OF THE MEMBERS OF THE ADVISORY COUNCIL ON PARKS AND RECREATION. 2) AUTHORIZING ADOPTION OF LOCAL LAW REGULATING, FOR AN INTERIM PERIOD, THE APPROVAL OF SUBDIVISION PLATS, PROJECT DEVELOPMENT PLANS AND SPECIAL USE PERMITS IN THE R-12, R-15 AND R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE CORRIDOR WITHIN THE VILLAGE OF RYE BROOK. Board of Trustees Meeting Tuesday,July 9,2002 Page 1 of 20 3) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTERS 1 AND 170 OF THE VILLAGE CODE TO CHANGE ALL REFERENCES TO THE "RECREATION AND PARKS COMMISSION" TO THE "ADVISORY COUNCIL ON PARKS AND RECREATION." 4) AWARDING CONTRACT #02-05: RESIDENTIAL CURB-SIDE RECYCLING COLLECTION SERVICES. 5) APPROVING MEETING MINUTES: October 9, 2001 April 9, 2002 May 7, 2002 - Rosen Work Session Subdivision DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1) STATUS OF VARIOUS ISSUES RELATING TO RECKSON OFFICE PARK AND/OR STANWICH SCHOOL APPLICATION AT 1100 KING STREET. 2) STATUS OF PINE RIDGE/RED ROOF FARM BALL FIELD PROJECT AND RED ROOF FARM SUBDIVISION DEVELOPMENT MATTERS. 3) UPDATE ON DE-ICING REGARDING WESTCHESTER COUNTY AIRPORT. 4) UPDATE ON MEETING AT PINE RIDGE PARK BALL FIELD REGARDING FENCE AND OTHER ISSUES. 5) UPDATE REGARDING HOUSE NUMBERING IN BELLEFAIR. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Next Trustees Meetings: July 23, 2002 and August 13, 2002 Board of Trustees Meeting Tuesday,July 9,2002 Page 2 of 20 CONVENE: 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 E. Degling Trustee Carol M. Goodman Trustee Dean P. Santon STAFF: Christopher Bradbury, Village Administrator Connie Di Salvo, Assistant to the Village Administrator Ed Beane, Village Attorney David S. Kvinge, RLA, AICP, Village Consultant Chief Robert Santoro, Police Chief Victor Carosi, Village Engineer Robert Bertolacci, Parks & Recreation Superintendent Paula Patafio, Meeting Secretary Mayor Filipowski began the meeting at 7:45 with the Pledge of Allegiance. He offered his congratulations to three individuals for dedicated service to the Village. The Board Awarded Certificates of Appreciation to Officer Gerald McMahon, for ten years of service; Officer Rocco Spizziri, for 25 years of service; and Chief Robert Santoro, for 30 years of service. Mayor Filipowski called for the first item on the agenda: PRESENTATION: 1) WaveNet proposal to construct a NEXTEL cell tower on Village property at 940 King Street. Klaus Wimmer, of WaveNet Consulting Inc., addressed the Board on behalf of Nextel. He noted that the proposal currently before the Board was to construct a cell tower on Village property at 940 King Street. He pointed out that Nextel has a coverage gap that they are looking to fill. After researching the matter, it has been found that an antenna in the area of the Village Hall property would close the coverage gap. This facility would require an antenna at a height of approximately 80' in order to provide adequate service. Nextel is proposing a pole tower with an Board of Trustees Meeting Tuesday,July 9,2002 Page 3 of 20 internal antenna. The proposed pole will look like a utility pole or a flagpole, to be situated on property earmarked for the firehouse. If the Village shows an interest in this concept, the Applicant will discuss the application further with the Firehouse Committee. Mr. Wimmer presented the Board with photographs of the proposed installation, and offered to answer any questions from the Board or members of the public. Trustee Dean Santon pointed out that Nextel has had discussions regarding the 900 King Street location, but no agreement was reached. Now they are proposing a pole located on Village property at 940 King Street. He asked whether or not co- location was possible for the proposal at 940 King Street. Mr. Wimmer responded that antennas can be installed on top of each other without interfering with communication. In a pole of this type, each 6' extension of height would enable another carrier to be co-located. There could conceivably be three other carriers on this pole. Mr. Victor Carosi, Village Engineer, asked what the diameter of the pole would be. Mr. Wimmer responded that on an 80' pole the diameter would be a 2-2 1/2'. Trustee Santon noted that there were pending applications from other carriers. He felt that sooner or later all the carriers will look at this corridor to have their coverage gap filled. He felt that co-location on Village property would avoid the need for other nearby installations. Mr. Wimmer felt that an acceptable agreement could be met, and additional carriers could be located on this pole. He also noted that each carrier that can co-locate would require an equipment cabinet on the ground of approximately 10-20'. Trustee Degling felt that perhaps the opposite corner of the Village property, approaching Arbors Drive, should be considered. It was noted that if the elevation drops at that portion of the property, and if this location is considered, the pole would need to be taller. Mayor Filipowski asked Mr. Wimmer to evaluate other locations on the Village property. Mr. Christopher Bradbury, Village Administrator, stated that the Village has several questions about this facility. In addition, this matter should be addressed with the Firehouse Committee and the Telecommunications Committee. Trustee Brackman agreed with Mr. Bradbury and suggested that the Firehouse Construction Committee review this application. In addition, she asked that Village Counsel be given the opportunity to review the application. Mayor Filipowski suggested placing this matter on the agenda for the second meeting in Board of Trustees Meeting Tuesday,July 9,2002 Page 4 of 20 August. Mr. Bradbury suggested that the Firehouse Construction Committee attend the next Board of Trustee meeting. Mayor Filipowski opened the Public Hearing portion of the meeting by calling for item #1: PUBLIC HEARINGS: 1) CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING PARKING OF PERSONAL AND COMMERCIAL MOTOR VEHICLES. Chief Robert Santoro stated that this matter was being addressed because many residents have complained about cars that have remained parked in the same spot for weeks at a time. The Village of Rye Brook has been using a section of the New York State Department of Transportation Law to deal with cars that remain in the same parking space for more than 48 hours. This law is enforced when complaints are received, however, this law has a quirk in it that needed to be corrected. The proposed ordinance is needed so that the Police Department can enforce this law. Chief Santoro noted that this law would not effect commercial vehicles as no commercial vehicle can be parked on Village streets overnight. This new law will also clearly define what a commercial vehicle is, and it includes limousines and taxis. Mr. Beane responded that if "in the same location" is not defined, then someone can say that they moved their car 6" and the Village towed their car illegally. Therefore, he suggested stating a specific number of feet that a car must be moved. After a discussion regarding the number of feet to be stated, and the exact timeframe, it was decided that a car must be moved 50' and cannot stay in the same spot for more than 72 hours. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the amendments to the proposed law were approved. There being no further discussion, Mayor Filipowski asked for a motion to close the meeting. Trustee Degling moved to close the Public Hearing. Trustee Brackman seconded the motion. Board of Trustees Meeting Tuesday,July 9,2002 Page 5 of 20 TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2) CONSIDERING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE TO REDUCE THE NUMBER OF MEMBERS AND ADJUST THE TERMS OF OFFICE OF THE MEMBERS OF THE ADVISORY COUNCIL ON PARKS AND RECREATION Mr. Bradbury noted that this law will establish the terms of the members for the Council, along with setting the number of members. Rick Buzin, a former member of the Advisory Council on Parks and Recreation, addressed the Board. He requested clarification of the proposed law. Mr. Beane responded that the reason for the change in the local law came about when the Recreation Commission became the Advisory Council via a Resolution. The proposal before the Board at this time corrects that local law. Mayor Filipowski noted that the seven (7) members will remain on the Board, and the decision regarding how the terms will be handled will be discussed by the Board of Trustees in their next Executive Session. Trustee Brackman noted that initially the Commission was going to be increased to nine (9) members because of the amount of residents who expressed a desire to serve on this Committee. The Commission asked that the membership remain at seven (7). In order to ensure that interested residents will be given the opportunity to serve on this commission, a term limit has been suggested. On a motion made by Trustee Santon, and seconded by Trustee Degling, the Public Hearing was closed and the role was called. TRUSTEE BRACKMAN VOTING NO TRUSTEE DEGLING VOTING NO TRUSTEE GOODMAN VOTING NO TRUSTEE SANTON VOTING NO MAYOR FILIPOWSKI VOTING NO Board of Trustees Meeting Tuesday,July 9,2002 Page 6 of 20 The Public Hearing remained opened. Trustee Brackman moved to add that there be term limits of no more than three (3) terms to Section 258-5. Trustee Santon seconded the motion. Trustee Santon noted that it was the Chairman of the Commission that made the request to not increase the number of members. The Village Board was trying to increase the number of members on the Commission in order to give everyone a chance to serve on it. The motion and the second were withdrawn. On a motion made by Trustee Brackman, and seconded by Trustee Santon, the Public Hearing was adjourned to August 23' TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE RESOLUTIONS: 1) ADOPTING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE WITH RESPET TO REDUCING THE NUMBER OF MEMBERS AND TO ADJUST THE TERMS OF OFFICE OF THE MEMBERS OF THE ADVISORY COUNCIL ON PARKS AND RECREATION. Mayor Filipowski noted that this Resolution could not be voted on as the Public Hearing remained open. Mayor Filipowski called for item #2: 2) AUTHORIZING ADOPTION OF LOCAL LAW REGULATING, FOR AN INTERIM PERIOD, THE APPROVAL OF SUDIVISION PLATS, Board of Trustees Meeting Tuesday,July 9,2002 Page 7 of 20 PROJECT DEVELOPMENT PLANS AND SPECIAL USE PERMITS IN THE R-12, R-15 AND R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE CORRIDOR WITHIN THE VILLAGE OF RYE BROOK. Mr. Bradbury read the following Resolution: RESOLUTION AUTHORIZING ADOPTION OF LOCAL LAW REGULATING, FOR AN INTERIM PERIOD, THE APPROVAL OF SUBDIVISION PLATS, PROJECT DEVELOPMENT PLANS AND SPECIAL USE PERMITS IN THE R-12, R-15 AND R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE CORRIDOR WITHIN THE VILLAGE OF RYE BROOK WHEREAS, a Resolution was adopted by the Village Board of the Village of Rye Brook for a Public Hearing to be held by said Village Board to hear all interested parties on a proposed local law to enact a chapter of the Code of the Village of Rye Brook entitled "Interim Development Law;" and WHEREAS, notice of said Public Hearing was duly advertised in The Journal News, the official newspaper of the Village of Rye Brook, in the manner prescribed by law; and WHEREAS, said Public Hearing was duly held at Village Hall within the Village of Rye Brook, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said Proposed Local Law, or any part thereof; and WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act determination that the adoption of such local law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Village Board of the Village of Rye Brook after due deliberations, finds it in the best interest of the Village to adopt such local law; NOW THEREFORE IT BE RESOLVED, that the Village of Rye Brook hereby adopts Local Law No. 5-2002, entitled "The Interim Development Law," a copy of which is annexed hereto and made a part of this Resolution; and Board of Trustees Meeting Tuesday,July 9,2002 Page 8 of 20 BE IT FURTHER RESOLVED, that the Village clerk be and hereby is authorized and directed to enter said Local Law in the minutes of this meeting and to give due notice of the adoption of said local law to the Secretary of the State of New York within the time required by law. Ms. Linda Whitehead introduced herself as an attorney from the firm of McCullough, Goldberger & Staudt. Ms. Whitehead stated that she was the representative for Mr. Peter Hoffman who is the owner and applicant of the subdivision at 13 Beechwood. She noted that a letter was sent from Les Maron, Esq., who was representing Mr. Hoffman and was unable to be at this meeting. Mr. Maron asked Ms. Whitehead to step in for him. She thanked the Board for the opportunity to speak. She felt that at the time the Public Hearing was called Mr. Hoffman was not aware that his subdivision would be impacted by the Moratorium, which is the reason why arguments regarding the presentation were not made at that time. Mr. Maron's letter sets forth Mr. Hoffman's concerns, and requests that the Board consider exempting pending applications, or at least the pending applications that have reached a certain stage in the process, from this Moratorium. A Moratorium is an extreme action. Mr. Hoffman has been before the Village for approximately 1-1/z years. This Moratorium would create a financial hardship for him. Mr. Hoffman has addressed all of the issues that he was asked to address. He has spent many months working with the Village's consultants. A Public Hearing has been noticed for July 23rd. This Moratorium is unfair to Mr. Hoffman. Ms. Whitehead asked that the Board exempt pending applications in order to allow Mr. Hoffinan to move forward. Mr. Bradbury noted that the Board could proceed with the Public Hearing on July 23rd. Mr. Beane agreed, but suggested that the Board defer action on this local law until after the Public Hearing. Mr. Beane noted that by not adopting this Resolution until after the July 23rd Hearing the Board can take action on the Hoffman Subdivision. This would mean that no exception would need to be made. He suggested that a motion be made to adjourn the Resolution to the first meeting in August. Trustee Goodman noted that a Public Hearing was held and no members of the public attended. She felt that it was unfair to defer the Resolution for one applicant. Mr. Kvinge responded to the concerns of the Board. The only subdivision application that would be affected by this Moratorium is Mr. Hoffman's. Trustee Board of Trustees Meeting Tuesday,July 9,2002 Page 9 of 20 Brackman felt that as there was only one pending application it would be fair to defer this Resolution to the first Board of Trustee meeting in August. Trustee Santon felt that the Resolution should be adopted, and then Mr. Hoffman could apply for relief. He noted that there was an appeals process available to Mr. Hoffinan. If Mr. Hoffinan's application has merit then it should stand on its own. He also noted that the Hoffman property was currently on the market for sale. Mr. Beane was asked to review the appeals process. He stated that in order to be eligible for an appeal the applicant would have to show, among other things, that the requested variance is in the spirit of the master plan and perspective zoning code amendments upon which this local law is based. The Village is at the very beginning of the process. At this time the Board does not know what the zoning text amendments will be. If the Board wishes to give relief to Mr. Hoffinan this Resolution should be adjourned to the first meeting in August. On a motion made by Trustee Degling, and seconded by Trustee Santon, the Resolution was adjourned to the first meeting in August. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING NO MAYOR FILIPOWSKI VOTING AYE 3) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTERS 1 AND 170 OF THE VILLAGE CODE TO CHANGE ALL REFERENCES TO THE "RECREATION AND PARKS COMMISION" TO THE "ADVISORY COUNCIL ON PARKS AND RECREATION" Mr. Bradbury read the following Resolution: Board of Trustees Meeting Tuesday,July 9,2002 Page 10 of 20 RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTERS 1 AND 170 OF THE VILLAGE CODE TO CHANGE ALL REFERENCES TO THE "RECREATION AND PARKS COMMISSION" TO THE "ADVISORY COUNCIL ON PARKS AND RECREATION" WHEREAS, by Local Law 4-2002, the Board of Trustees of the Village of Rye Brook amended Article II of Chapter A258 of the Code of the Village of Rye Brook to reconstitute the Recreation and Parks Commission as the Advisory Council on Parks and Recreation; and WHEREAS, Chapters 1 and 170 of the Code of the Village of Rye Brook contain references to the "Recreation and Parks Commission"; and WHEREAS, a local law has been proposed to change all such references in the Code of the Village of Rye Brook from "Recreation and Parks Commission" to "Advisory Council on Parks and Recreation." NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall conduct a public hearing on August 13, 2002 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapters 1 and 170 of the Code of the Village of Rye Brook to change all references to the "Recreation and Parks Commission" to the "Advisory Council on Parks and Recreation." 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 GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting Tuesday,July 9,2002 Page 11 of 20 4) AWARDING CONTRACT #02-05: RESIDENTIAL CURB SIDE RECYLING COLLECTION SERVICES Mr. Bradbury read the following Resolution: RESOLUTION AWARDING CONTRACT #02-05 RESIDENTIAL CURB-SIDE RECYCLING COLLECTION SERVICES CONTRACT NO. 02-05 WHEREAS, the Village of Rye Brook has solicited bids for contract 02-05 "RESIDENTIAL CURB-SIDE RECYCLING COLLECTION SERVICES"; and WHEREAS, public notice was duly advertised in the official newspaper of the Village of Rye Brook on June 7th, 13th, and 20th, 2002; and WHEREAS, two bids were received by the due date of Friday, June 28th, 2002 at 10:00 a.m., at which time all received bids were opened as summarized below; and BIDDER BID AMOUNT BID BOND Alternative 1 Alternative 2 SUBURBAN CARTING CORP. $19,290.15 $364,668.00 Yes C.R.P. SANITATION, INC. $15,975.00 $376,198.00 Yes NOTE: Alternative 1 is a monthly contract; Alternative 2 is a two-year contract. WHEREAS, upon reviewing the bids, the Village Engineer and Administrator have determined that it is in the best interest of the Village to choose Alternative 2, a two-year contract, and that lowest responsible bidder meeting the requirements of the contract documents is SUBURBAN CARTING CORP for the total bid price of$364,668.00. NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract 902- 05 "RESIDENTIAL CURB-SIDE RECYCLING COLLECTION SERVICES" is hereby Board of Trustees Meeting Tuesday,July 9,2002 Page 12 of 20 awarded to SUBURBAN CARTING CORP for the total bid price of$364,668.00; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. It was noted that the monthly basis was lower for the two-year contract versus the one-year contract. However, Suburban Carting Corp's two-year bid was lower than the other bidder. 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 GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5) APPROVING MEETING MINUTES: October 9, 2001 April 9, 2002 May 7, 2002 —Rosen Work Session Subdivision Trustee Santon requested that this matter be adjourned to the next meeting. The Board agreed. Mayor Filipowski moved to the Discussion portion of the agenda. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1. STATUS OF VARIOUS ISSUES RELATING TO RECKSON OFFICE PARK AND/OR STANWICH SCHOOL APPLICATION OF 1100 KING STREET Board of Trustees Meeting Tuesday,July 9,2002 Page 13 of 20 Trustee Santon noted that he placed this item on the agenda. He pointed out that the Stanwich School application was presented to the Planning Board at the July 2002 meeting. He felt that there were some compliance issues with the original Reckson site plan approval that needed to be addressed by the Board of Trustees. One issue surrounds a proposed jogging/fitness trail that was supposed to be constructed. In addition, the building permits issued in 1999 that relate to the 1998 site plan amendments need to be reviewed. He felt that this was an administrative matter that needed to be revoked, as the 2000 site plan has replaced and superceded the 1998 site plan. There is also an easement granted to New York Telephone dating back to 1998 that was never referred to the Village for site plan review. He also asked where the Village stood in the SEQRA process. He felt that the Village Board should call for a Positive Declaration. Trustee Santon noted that there has been a referral Resolution to the Planning Board, but no mention of a positive or negative declaration was made. Trustee Santon suggested that a positive declaration should be placed on the agenda. He felt that this matter should be referred to the Environmental Committee, as well as the Traffic Commission. Mr. Kvinge responded that the referrals were sent out to both commissions. Mr. Kvinge noted that there has been many discussions regarding which way to go in the SEQRA process. The Village Board, as the Lead Agency, has not yet made a decision on this matter; and no Declaration has been made. This application will be before the Planning Board on Thursday, July 11, 2002. Mr. Beane and Mr. Bradbury were given direction by Mayor Filipowski to review this matter and report back to the Board at the July 23rd meeting. Ms. Amy Schoen, of Country Ridge Drive, addressed the Board. She noted that there are many environmental concerns regarding the Stanwich School application. Mr. Bradbury noted that there was a discussion on this subject, and a memorandum was sent out to the Village's consultant. Mayor Filipowski called for a five-minute recess. Upon the Board's return, at 9:38 p.m., Mayor Filipowski called for items 2 and 4 for discussion. Board of Trustees Meeting Tuesday,July 9,2002 Page 14 of 20 2. STATUS OF PINE RIDGE/RED ROOF FARM BALL FIELD PROJECT AND RED ROOF FARM SUBDIVISION DEVELOPMENT MATTERS 4. UPDATE ON MEETING AT PINE RIDGE PARK BALL FIELD REGARDING FENCE AND OTHER ISSUES Trustee Santon noted that there were infrastructure issues that needed to be addressed. Now that the ball field is reaching completion, parking should be addressed. He asked for the status of the impact from the ball field construction on the wetlands mitigation area. He felt that the Board has not addressed how the anonymous donation for landscaping would be used, and that there were still outstanding issues that needed to be addressed. Trustee Goodman noted that there was a recent site tour of the ball field. Parking and the surrounding fences were discussed. She suggested that this matter be added to the agenda for the next meeting as she felt that residents should have the opportunity to discuss this matter. Mr. Richard Rosenstein addressed the Board. He agreed with Trustee Goodman that the residents should be included in the process. He asked why the fence was being removed versus being repaired. Mr. Bradbury responded that the fence does not provide enough screening, and there is an issue of safety with the rusty old fence and the grade change that occurs behind it. In addition, Village Staff has found that poison ivy was growing in the area that also needed to be removed. Trustee Santon also pointed out that the fence is not on the property line, which has caused confusion. He felt that if residents want a fence between their property and the ball field they could construct one at their own cost. Trustee Degling noted that permanent markers will be placed in the ground at the corners of the property so that the property lines will be known. Trustee Brackman stated that the fence is clearly a safety issue. There is a drop-off in grade and poison ivy growing around it. Reclaiming Village property, removing the fencing, and leveling this area will enhance the safety of our children. Mr. Bradbury reviewed the outstanding issues, noting that a request was made for the installation of a split rail fence around the retention pond. Also Board of Trustees Meeting Tuesday,July 9,2002 Page 15 of 20 discussed, was the construction of a walkway from Mohegan Lane, along the side of the tennis courts to the ball field, moving four evergreen trees to the rear property line, removing the old fence on the north side of the property line, improving the grade and installing a new fence. Mr. Bradbury noted that the new plantings would be done in the Fall. The grading can be completed as soon as the contractor removes the old fence. Mayor Filipowski suggested a Work Session on this matter. He asked for a motion for the Work Session to be scheduled for July 23, 2002, prior to the Board of Trustee meeting. On a motion by Trustee Goodman, and seconded by Trustee Brackman, this matter will be placed on the agenda for the July 23rd meeting. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. UPDATE ON DE-ICING REGARDING WESTCHESTER COUNTY AIRPORT Trustee Goodman stated that she placed this matter on the agenda for discussion. She asked if the Village Board had any jurisdiction over the proposed De-Icing Project Mr. Bradbury noted that the Village has received notice from the County regarding this project, and the Positive Declaration. It is important for all residents to be aware of this project as it will be visible to all the surrounding neighbors. This is a 23.5 million dollar project with structures of up to 60' in height being proposed. These structures will be clearly visible from the street. In addition, there will be construction traffic which will be followed by tanker trucks going in and out of the site once it is completed. These trucks will be using Anderson Hill Road and King Street. The County is the Lead Agency for this project. The Village's consultants are reviewing all of the documentation received from the County. There are no meetings scheduled on this project, but as the Administrator's office becomes aware of any meetings Board of Trustees Meeting Tuesday,July 9,2002 Page 16 of 20 they will make residents aware of the meetings by posting information on the cable channel and the website. Mayor Filipowski stated that there is a sense that this project may move forward quickly because the funds may not be available for a long period of time. The Board should keep close track of the Environmental Impact Study that will be completed as part of this project. Trustee Brackman noted that there has been a lot of discussion about the runoff from the airport and its effects on the Blind Brook, and ultimately the Long Island Sound. There is an experimental way to de-ice the planes that will protect our waterways. However, the proposed project will have a great impact on the Village of Rye Brook, and surrounding communities. She felt that the Village Board, and residents, needed more information on this proposed proj ect. Mayor Filipowski suggested that the Director of Environmental Planning for the County should be invited to a Board meeting to address this matter. Mr. Bradbury agreed that it would be a good idea to have the County come and make a presentation to the Board. This project involves the removal of ice from the airplanes by either the use of chemicals or an infrared pad. The Village has instructed its consultants to review the documents that have been provided to the Village in connection with this project. Trustee Degling noted that a meeting of the Westchester/Greenwich Task Force was scheduled for July 15, 2002 at 11:00 a.m. at the Greenwich Town Hall. He recommended that the Director of Environmental Planning for the County be asked to attend this meeting. Trustee Santon noted a meeting was also scheduled for July 16, 2002 at 7:00 p.m. regarding the Stanwich School at the Greenwich Town Hall. Mr. Bradbury noted that Mr. David Kvinge, Rye Brook's Consultant, will attend this meeting. 5. UPDATE REGARDING HOUSE NUMBERING IN BELLEFAIR Trustee Goodman stated that nine to eleven property owners within Bellefair were notified that their house numbers would be changing. Mr. Bradbury Board of Trustees Meeting Tuesday,July 9,2002 Page 17 of 20 noted that the reason for the change of house numbering was due to a modification to the site plan by the developer. This matter was before the Planning Board and the site plan modifications were approved. These houses will be renumbered at the developer's expense. This was a safety issue, and many other attempts were made to solve this problem. The Village's Engineer made this decision after all the other alternatives failed. There were public Planning Board meetings held on this matter. The residents who attended these meetings were satisfied with this decision. The Planning Board agreed with the Village Engineer that renumbering was the best and most effective way to correct the existing problem. A resident of 15 Milestone Road addressed the Board. He noted that five of the nine homes effected by this change are involved in the Appeal now before the Board of Trustees. They felt that it was unfair to renumber all of the homes because it would cause an inconvenience to the residents. It was this individual's opinion that the first two homes should be renumbered 1 and IA. Although this would be an inconvenience for these two homeowners, who have already had to change their numbers/addresses, it would allow the rest of the residents on the street to keep their current addresses. Mayor Filipowski asked Mr. Carosi to address this matter. Mr. Carosi noted that the Board of Trustees had passed a Resolution approximately one month ago. In response to that decision, the residents have chosen to make an Appeal. This Appeal stays the renumbering of the properties. Mr. Carosi stated that the Appeal process is laid out in the Zoning Code. An application has been received and it will be reviewed at the next Zoning Board of Appeal's meeting in August. The homeowners will be notified of the Zoning Board meeting. Howard Oakes of 7 Milestone Road addressed the Board. He offered a summary of this matter, noting that this issue has been pending for 1-1/z years. Simply put, there was a house on the corner for which it was determined, during the building process, that it would be better to have the driveway come out on the other street. This change was made and the driveway was moved, creating duplicate house numbers on Milestone Road — two 3's and two 7's. Multiple suggestions have been made to try and correct this problem, but they have all failed. Although this decision creates an inconvenience for some of the residents, it was made in response to a very real safety problem. The Village Engineer has decided that the best method to resolve this safety issue is to renumber the entire street. Board of Trustees Meeting Tuesday,July 9,2002 Page 18 of 20 Mr. Bradbury was asked to review the items for the July 23rd agenda meeting. Mr. Bradbury noted that there was a Work Session scheduled regarding Elm Hill and other parks set for 6:30 p.m. Sullivan Architecture and the Firehouse Committee Chairperson would be in attendance to give an update on the Firehouse project. The Rye Town Supervisor has requested time to speak regarding the re-evaluation and related issues. The Public Hearing on the Hoffinan subdivision will also be on the agenda. A Resolution referring the site plan application for the water pump station on Anderson Hill Road will also be on the agenda. Also to be included will be a Resolution setting a Public Hearing on the Hotel Zone (H-1) and zoning amendments. A Resolution setting deadlines for materials from K&M Bowman Avenue for the DEIS will also be on the agenda, as would a Resolution modifying Section 135 of the Village Code on Garbage, Rubbish and Refuse. Appointments to remaining vacancies on various Boards, Commissions and Committees would be made. Approval of Minutes and an Administrator's Update are also included. He also noted that a number of residents have requested that the Avon Circle Garbage Collection also be placed on the agenda for discussion. Mayor Filipowski asked Mr. Beane to address the matter involving Avon Circle Garbage Collection. Mr. Beane responded that Village Counsel has rendered their opinion regarding the Village's obligation to provide garbage collection for Avon Circle. They would be forwarded a second memo to the Village Board to clarify the matter. Trustee Santon asked that an update of the Red Roof Farm ball field matters also be included on the agenda. Mr. Bradbury agreed to prepare an update. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that everyone is for open space. He felt that the Moratorium does not offer any protection for the homeowners, and that that the Village needed to be very careful in their review. Protecting the residents and ensuring that they will not be taxed out of the Village should be the number one concern. All open space has been taxed to such a degree that residents must subdivide their property in order to be able to afford living in their homes. The open space in the Village needs to be protected, as do the rights of the landowners. Board of Trustees Meeting Tuesday,July 9,2002 Page 19 of 20 Mayor Filipowski asked Mr. Kvinge to update the Board on conservation easements and modifications to the code. Mr. Kvinge responded that his office has been working on proposed amendments to the Code, including bulk regulations and the tree regulation law. He would be preparing an analysis and a discussion for the next Board of Trustee meeting. Mayor Filipowski asked for a timeline pinpointing when the Board will see the amendments to the code for the next Board of Trustee meeting. Trustee Santon asked when the Board would be discussing the Ridge Street resurfacing matter because he has concerns that he would like to discuss with the Board. This road has not been paved for more than two decades, and it is time to push and lobby the County for more consideration of this heavily traveled road. Mr. Bradbury responded that the County is currently requesting bids on this project. Mayor Filipowski noted that Martin Rogowsky has been working on this matter. Mr. Rogowsky will be contacting the Village within the next week to present what he has been able to accomplish. Trustee Santon asked for information about the sidewalks on Ridge Street. Mayor Filipowski noted that the sidewalks would be addressed after the street paving has been addressed. Mayor Filipowski noted that the next Board of Trustee meetings were scheduled for July 23r and August 13th There being no further business before the Board, the meeting was adjourned at 10:45 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk Board of Trustees Meeting Tuesday,July 9,2002 Page 20 of 20