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HomeMy WebLinkAbout2003-07-22 - Board of Trustees Meeting Minutes REGULAR/SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JULY 22, 2003--7:30 P.M AGENDA 7:15 P.M.: EXECUTIVE SESSION—Personnel & Litigation REPORTS: 1. Rye Hills Homeowner's Association report on the Crawford Park ball field 2. Airport Advisory Council Chairperson's report on activities of the Council. PUBLIC HEARING: 1. Considering accepting the dedication of roads within the Red Roof Farm subdivision and a proposed local law to amend Chapter 240 of the Village Code to impose traffic regulations on roads within the Red Roof Farm subdivision. RESOLUTIONS: 1. Considering accepting the dedication of roads within the Red Roof Farm subdivision and a proposed local law to amend Chapter 240 of the Village Code to impose traffic regulations on roads within the Red Roof Farm subdivision. 2. Setting a Public Hearing date to consider modifying the Site Plan approval for the Stonegate at Bellefair Senior Living Facility. 3. Referral to Architectural Review Board and Telecommunications Commission for a report and recommendation on Nextel Communication's conceptual proposal for the placement of a wireless telecommunications facility on Village Hall property. 4. Authorizing Dolph Rotfeld Engineering, P.C. to investigate drainage issues affecting Red Roof Farm and adjacent off site properties and devising drainage remediation plans for said property. Board of Trustee Meeting July 22,2004 Page 1 5. Setting a Public Hearing date to amend the Village Code concerning modifying the appeal procedure for renumbering of properties. 6. Consideration of a modified subdivision plan for the Rosen 3-parcel subdivision located at 48 Lincoln Avenue. 7. Authorizing the creation of a committee to evaluate a coterminous Town/Village of Rye Brook. 8. Endorsing the preparation of a Westchester County Legacy Grant application to be considered by the Board of Trustees for a soccer and a baseball/softball field to be located on King Street. 9. Establishing 2003-2004 Compensation of Non-Union Employees. 10. Approval of Meeting Minutes: March 11, 2003 April 8, 2003 April 22, 2003 May 13, 2003 Next Board of Trustee Meetings: August 12, 2004 and August 23, 2004 BOARD: Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Ed Beane, Esq.,Village Counsel Victor Carosi, Village Engineer Robert Bertolacci, Recreation Superintendent Robert Santoro, Police Chief Marilyn Timpone Mohamed, Village Planning Consultant Fred Siefert, Public Access Coordinator CONVENE: Mayor Francis Filipowski welcomed everyone to the July 22, 2003 meeting of the Board of Trustees. The meeting was called to order at 7:30 p.m. Board of Trustee Meeting July 22,2004 Page 2 Mayor Filipowski stated that a press conference was held in connection with the shootings in Rye Brook. A tips hotline number was established: 914-937-0090. He also noted that a second composite sketch was available. He asked that anyone that had information please use the anonymous hotline number. Mayor Filipowski called for the first item on the agenda: REPORTS: 1. RYE HILLS HOMEOWNER'S ASSOCIATION REPORT ON THE CRAWFORD PARK BALL FIELD Mr. Ted Musho, of 2 Wilton Road, addressed the Board of Trustees on behalf of Rye Hills Homeowner's Association. He stated that he was there to discuss about the proposed athletic fields in Crawford Park, which has been a great concern to them as a neighborhood. Mr. Musho began by updating the Village on what has transpired since his last appearance on March 22, 2003, and about what they understand to be the developments relevant to the Crawford Park Athletic Facility. He explained who they were, why they opposed the plan as they understood it, and noted what they would like the Board to consider on their behalf. Mr. Musho noted that Rye Town had submitted to Westchester County, on April 17, 2003, an EAF describing an artificial turf field to be constructed in Crawford Park. This caused them to organize themselves. The Rye Hills Homeowner's Association/Corporation, which consists of approximately 110 homes, has established themselves to become a voice for the community .They oppose the Town's plans to turn Crawford Park into a Athletic Facility. They have prepared a petition of 140 signatures from the neighborhood, with additional signatures from the community of Rye Brook. Mr. Musho read the petition into the record and handed it to Mayor Filipowski. Rye Hills Homeowner's Association/Corporation wants the Village Board of Trustees to help keep Crawford Park a natural park. Mayor Filipowski asked Mr. Bradbury what groups, or individuals, have the use of Crawford Park. It was his understanding that you need to contact the supervisor's office about availability, you also must be a Rye Town resident, and pay a $25.00 fee. The Mayor questioned whether or not the Administrator's office was aware of the status of the application with Rye Town for changing the field. Mr. Bradbury did not know that status at this time. Mayor Filipowski requested Board of Trustee Meeting July 22,2004 Page 3 that he look into what was happening. He also requested that the Police Department patrol this area. Trustee Dean Santon believed that Mr. Musho presented some valid concerns and should be listened to by the Town. If we had stayed on course, since June 2002, to build a soccer field the Town of Rye would never have been approached by the Rye Youth Soccer Program. He urged homeowners to be vigilant and have their own Village construct an adequate facility and leave Crawford Park the way it is. Trustee Robert Harris agreed with Trustee Santon, however, he noted that the small project that Trustee Santon referred to would satisfy nine and ten year olds but would not satisfy the needs of the older children. The Village has been trying to negotiate a deal that create a field that would be large enough to satisfy all the age groups. Trustee Harris reiterated that if the Village moved forward with the project Trustee Santon talked about it would not satisfy the needs of the older children. Trustee Santon called a point of order and asked the Mayor that he be uniform in the application of Robert's Rules of Order. If Trustee Harris wanted to have a debate, and the Mayor wanted to let them have back and forth dialogue, he would be happy to engage in that. Trustee Santon again asked the Mayor to be uniform in his role as Chair, staying on the point. Mayor Filipowski called for the next matter on the agenda: 2. AIRPORT ADVISORY COUNCIL CHAIRPERSON'S REPORT ON ACTIVITIES OF THE COUNCIL Ms. Marcia Teschner, the Chairperson of the Rye Brook Airport Advisory Council, addressed the Board on three (3) items that were of importance to the Village: 1) Terminal Capacity Agreement (TCA). The current agreement will end December 2004. As far as the new capacity agreement is concerned the lawyers have been appointed to commence proceedings with the airlines and deliberations should begin shortly. 2) We currently have a voluntary curfew in effect which does not seem to be working. Village Counsel is working with County Legislators to get a mandatory curfew. There is a lot of disagreement about a curfew because there are corporate jets which bring in a lot of revenue. 3) We have a new de-icing program which is limited in scope and will take a few years to implement. The new plan will improve the situation as it exists Board of Trustee Meeting July 22,2004 Page 4 instead of building new facilities. A moratorium was declared to prevent any future development until some agreements have been made with the airlines. Trustee Santon wanted to know if there was anything the Board could do to give the Airport Advisory Council support. Ms. Teschner gave the Board a copy of a recommendation from the Sierra Club, and suggested that the Board write on their own stationery to the County requesting that they consider this moratorium. She also gave the Board a copy of the draft resolution from George Latimer that they could also show their support for. Trustee Paul Rosenberg recalled that our local representation in Washington tried to get legislation passed on a Federal level to get a Moratorium and obviously it did not go through. Ms. Teschner said that Nina Lowey did draft resolution but it was 10 years old and it had been shelved since then because it was not a popular resolution. Mayor Filipowski read the list of operators who for the month of May had more than six violations of the voluntary curfew law. Mayor Filipowski called for the first item under Public Hearings_ PUBLIC HEARING: 1) CONSIDERING ACCEPTING THE DEDICATION OF ROADS WITHIN THE RED ROOF FARM SUBDIVISION AND A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE TO IMPOSE TRAFFIC REGULATIONS ON ROADS WITHIN RED ROOF FARM SUBDIVISION. The public hearing was opened. Village counsel, Ed Beane, Esq., from the firm of Keane and Beane, noted that this proposal was to implement, at least conditionally, accepting the dedication of roads within the Red Roof Farm subdivision to see what the Village could do to assist the residents. He urged the Board to proceed and accept the roads subject to the conditions. Mr. Victor Carosi, Village Engineer, stated that this work had been pending for the past several years. The developer does indicate that the guardrail was pending while waiting for materials. We are waiting for the fall planting season for the trees to be planted. We are waiting for a report from an engineer for the water seepage problem. He believed that most of this work can be done by the end of the fall planting season. Trustee Harris wanted to know about the signs that were included in this resolution. Board of Trustee Meeting July 22,2004 Page 5 Mr. Carosi stated that the signs that were included in this resolution were all referenced on the original approved site plan. The drawings required there would be no parking along certain roadways within the Village, and that it required certain stop signs to the installed. It did not have any signs on the referenced cul-de-sac. There may be signs out there now that are not approved and were not a part of the construction drawings that were approved by the Board. Trustee Santon asked Mr. Carosi about the stop sign installed at Birch Lane and Red Roof Farm Drive. Mr. Carosi told him that it was on the plan. There was never a recommendation that would control access to a cul-de-sac, this is not normally a location anyone would put a stop sign. The residents are concerned and Mr. Carosi suggested that the Village look into the signage problem. Trustee Santon wanted to know if the Village had an official response from the Traffic Commission. Mr. Bradbury did call the Chair of the Traffic Commission and they recommended that no parking sign not be put in place in the cul-de-sac. They have not resolved the issue on the stop signs but will bring it up at their next meeting. Mr. Gene Paulen, part of the development group for the Red Roof Farm, stated that all the stop signs were in prior to the issuance of any Certificates of Occupancy that are on the plan. The additional stop sign are because homeowners around the cul-de-sac wanted to control the traffic coming down from Red Roof. Mr. Paulen stated that once the resolution is passed they will complete the items at once. Landscaping issues can be tied to the maintenance bond. Mr. Beane asked Mr. Paulen if November 1, 2003 would work for them and he agreed it would. Mr. Beane stated that the whole resolution is conditional on all things being solved and that nothing is effective until all conditions are satisfied. He was satisfied with the way the resolution read, and the way it was written. On a motion made by Trustee Carol Goodman, and seconded by Trustee Rosenberg, the public hearing was closed. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting July 22,2004 Page 6 On a motion made by Trustee Harris and seconded by Trustee Goodman the following resolution was adopted: RESOLUTION ACCEPTING THE CONVEYANCE OF CERTAIN ROADS WITHIN THE RED ROOF FARM SUBDIVISION AND AMENDING THE CODE TO ADOPT TRAFFIC REGULATIONS WHEREAS, on September 3, 1998, the Board of Trustees of the Village of Rye Brook adopted a Resolution granting final subdivision approval for the Red Roof Farm Subdivision now known as the Blind Brook Estates, subject to certain conditions; and WHEREAS, a subdivision plat filed with the Westchester County Clerk's Office, Division of Land Records as Map No. 26266 on November 25, 1998 on which recorded Map the roads to be dedicated hereunder were shown; and WHEREAS, OLC/RBAG — Rye Brook, LLC has by letter dated on or about March, 1, 2003 offered the following roads for dedication to the Village: 1. Red Roof Drive; 2. Birch Lane; 3. The extension of Old Orchard Road to Birch Lane, as shown on said filed map; 4. The extension of Old Oak Road to Red Roof Drive, as shown on said filed map; and WHEREAS, the Village Engineer has inspected the roads being offered herein and found the roads to be acceptable for dedication, except for the conditions set forth below: 1. Remediation of the water seepage condition on Birch Lane, including the submission of plans and specifications prepared by a licensed professional engineer designing the remediation and verifying its effectiveness, which plans and specifications are subject to approval by the Village Engineer and consultant (Dolph Rotfeld Associates); Board of Trustee Meeting July 22,2004 Page 7 2. Vacuuming and flushing out of all sanitary and storm sewers and drainage systems; 3. Certification by a licensed professional engineer of the "as built" plans of the storm water and sanitary sewers and drainage systems and providing the Village with a videotape of the galleries; 4. Inspection of the manholes in the roadways to be dedicated and removing debris and accumulated sediment from them. 5. Installation of the guardrails required by the subdivision approval. 6. Replacement of all dead street trees and site evergreen trees to the satisfaction of the Village Engineer. 7. The applicant shall furnish a one (1) year maintenance bond to the Village in a sum to be determined by the Village Engineer in a form acceptable to the Village Attorney; and WHEREAS, at its June 24, 2003 meeting, the Board of Trustees adopted a Resolution accepting the Offer of Dedication and scheduled a public hearing for July 8, 2003; and WHEREAS, the Board of Trustees held a public hearing on July 8 and July 22, 2003 to consider the Village accepting the dedication of the roads within the Red Roof Farm Subdivision being offered; and WHEREAS, OLC/RBAG — Rye Brook, Inc. has executed and delivered to the sight and steep slope easements and utilities, access and hydrant easement, which have been found to be in recordable form and acceptable to the Village Attorney; and WHEREAS, a proposed local law was introduced to amend Section 240-11 of the Code of the Village of Rye Brook to add stop intersections and parking regulations on the streets of the Red Roof Farm Subdivision; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on July 8 and 22, 2003, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on July 22, 2003; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of such local Board of Trustee Meeting July 22,2004 Page 8 law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, The Board of Trustees of the Village of Rye Brook after due deliberation, finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook accepts the offer of dedication and conveyance of the following land to be dedicated: 1. Red Roof Drive; 2. Birch Lane; 3. The extension of Old Orchard Road to Birch Lane, as shown on said filed map; and 4. The extension of Old Oak Road to Red Roof Drive, as shown on said filed map. IT IS FURTHER RESOLVED, that the Village of Rye Brook accepts the Offer of Dedication of the Sight and Steep Slope Easements and the Utilities, Access and Hydrant Easement; and BE IT FURTHER RESOLVED, that the acceptance of the conveyance of the streets and easements offered is expressly subject to OLC/RBAG — Rye Brook, LLC satisfaction of each of the following conditions prior to said streets becoming public streets: 1. Remediation of the water seepage condition on Birch Lane, including the submission of plans and specifications prepared by a licensed professional engineer designing the remediation and verifying its effectiveness, which plans and specifications are subject to approval by the Village Engineer and consultant (Dolph Rotfeld Associates); 2. Vacuuming and flushing out of all sanitary and storm sewers and drainage systems; 3. Certification by a licensed professional engineer of the "as built" plans of the storm water and sanitary sewers and drainage systems and providing the Village with a videotape of the galleries; 4. Inspection of the manholes in the roadways to be dedicated and removing debris and accumulated sediment from them. Board of Trustee Meeting July 22,2004 Page 9 5. Installation of the guardrails required by the subdivision approval. 6. Replacement of all dead street trees and site evergreen trees to the satisfaction of the Village Engineer. 7. The applicant shall furnish a one (1) year maintenance bond to the Village in a sum to be determined by the Village Engineer in a form acceptable to the Village Attorney; 8. The applicant shall also dedicate the drainage, sewage, steep slope and easements associated with the roads; 9. The applicant shall provide a title report from a title company acceptable to the Village Attorney and in a form acceptable to the Village Attorney; 10. The applicant shall provide deed(s) along with Schedule(s) describing the property(ies) being conveyed in recordable form, and in a form acceptable to the Village Attorney; 11. The deed describing the properties being conveyed and the sight and utilities, hydrant and access easements shall be recorded and any other associated conveyance documents filed with the appropriate authority, all at the expense of OLC/RBAG — Rye Brook, Inc. and date stamped copies to be provided to the Village Attorney; 12. In accordance with Section 6-610 of the Village Law, the applicant shall continue to maintain the streets and drainage and sewer systems offered for dedication until such time as OLC/RBAG-Rye Brook, LLC satisfies each of the conditions set forth herein and the Board of Trustees adopts a Resolution accepting the conveyance, and the deeds conveying the roads shall be recorded in the office of the Westchester County Clerk, Division of Land Records. Upon the satisfaction of the above conditions and the recording of the deeds, the roads shall become public streets of the Village; and IT IS FURTHER RESOLVED, that conditioned on the satisfaction of the twelve conditions listed above, the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Section 240-11 of the Code of the Village of Rye Brook to add stop intersections and parking regulations on the streets of Red Roof Farm Subdivision, which amendments are enacted into law as Local Law number to be assigned; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Board of Trustee Meeting July 22,2004 Page 10 TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI VOTING AYE Trustee Santon suggested we remove Local Law 10-2003 through the resolved clause relating to the parking amendment and deal with it at a later time. He believed it was premature to address this now and the Board should wait until the Fall. He wanted to delete the resolved clause and wait until the road was ready to become public. Mr. Bradbury said that if the Board wished to do that, it could. He also noted that the Board could also enforce the laws on private streets. Trustee Santon wanted to know how the Village could enforce laws on private streets and wouldn't we need the consent from the developer. Mr. Bradbury responded that the developer would need to consent. Trustee Santon expressed his concern that the Village was now setting a public precedent and now enforcing laws on private streets. Mr. Bradbury said the Village needed to decide, one way or the other, "We either enforce the laws on private streets with the developers consent or we delay this when the streets are ready to be dedicated." Mr. Paulen wanted to discuss this matter with his counsel but saw no reason to withhold consent. He stated that he would arrange for his counsel to speak with the Village's Counsel the following day. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, moved that the Board remove that paragraph and resolved clause regarding Chapter 240 and move on with this resolution and deal with the parking matter when we have closure from the developer and feedback from the Traffic Commission. Ms. DiSalvo called the roll: TRUSTEE GOODMAN VOTING NAY TRUSTEE HARRIS VOTING NAY TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING NAY Trustee Goodman was not sure why they were discussing enforcing laws on private streets. She thought that the resolution clause meant that it was conditional and on the Board of Trustee Meeting July 22,2004 Page 11 event that the roads are dedicated and become part of the village property, we than enforce the parking regulations. As long as it is conditional we can leave it in the resolution. On a motion made by Trustee Harris, and seconded by Trustee Goodman, the resolution to accept the proposed resolution with the amendments that the resolve clause on page three reads which amendment are enacted into law as local law, number to be assigned, expressly conditional upon the 12 items listed in the resolution was made. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI VOTING AYE 2. SETTING A PUBLIC HEARING DATE TO CONSIDER MODIFYING THE SITE PLAN APPROVAL FOR THE STONEGATE AT BELLEFAIR SENIOR LIVING FACILITY. Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the following resolution was adopted: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER MODIFYING THE SITE PLAN APPROVAL FOR THE STONEGATE AT BELLEFAIR SENIOR LIVING FACILITY WHEREAS, FC BELLEFAIR, LLC, has made an application to the Village of Rye Brook requesting an amended Site Plan Approval for modifications to traffic access, circulation and parking, pedestrian access ways, entranceways, rehabilitation of the stone wall, as shown on the approved Site Plan for the Planned Unit Development (PUD) known as Bellefair, located on the west side of King Street at the southwest corner of the intersection formed by King Street and Lincoln Avenue, within the PUD, Tax Parcel Section No. 1, Block 3, Lot 1.250; and Board of Trustee Meeting July 22,2004 Page 12 WHEREAS, the Planning Board and Village Planning Consultant reviewed the subject application and made recommendations at the July 10, 2003 Planning Board Meeting which are attached herewith, NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a Public Hearing on August 12, 2003 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York 10573 to consider modifications to traffic access, circulation and parking, pedestrian access ways, entranceways and rehabilitation of the stone wall at the King Street entrance; and BE IT FURTHER RESOLVED, that the applicant shall comply with the public notification requirements of Chapter 250-40 of the Code of the Village of Rye Brook. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. REFERRAL TO ARCHITECTURAL REVIEW BOARD AND TELECOMMUNICATIONS COMMISSION FOR A REPORT AND RECOMMENDATION ON NEXTEL COMMUNICATION'S CONCEPTUAL PROPOSAL FOR THE PLACEMENT OF A WIRELESS TELECOMMUNICATIONS FACILITY ON VILLAGE HALL PROPERTY. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION REFERRAL TO ARCHITECTURAL REVIEW BOARD AND TELECOMMUNICATIONS COMMISSION FOR A REPORT AND RECOMMENDATION ON NEXTEL COMMUNICATION'S CONCEPTUAL PROPOSAL FOR THE PLACEMENT OF A WIRELESS COMMUNICATION FACILITY ON VILLAGE HALL PROPERTY WHEREAS, the Village of Rye Brook has received an informal, conceptual proposal from Nextel Communications on behalf of TECTONIC Engineering & Surveying Consultants P.C. to construct a communications facility Board of Trustee Meeting July 22,2004 Page 13 adjacent to the Village Hall including a 120' tall flag pole to hold antennas and cables and a 30' X 50' equipment building that will hold all of the electronics and miscellaneous hardware of potentially four (4)wireless carriers; and WHEREAS, Nextel Communications has requested approval from the Village Board to pursue a formal application for the design and layout of this facility as proposed. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the conceptual proposal to the Architectural Review Board and the Telecommunications Commission for a report and recommendation on whether or not to pursue a formal application on this matter as proposed. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Steve Rupenthal, from Tectonic Engineering, and Tammy Rossi, the lead design engineer, gave a presentation on the proposal by Nextel Communications to enhance signal coverage along the Hutchinson Parkway and in the Village of Rye Brook. The proposed pole could hold up to four possible antennas, with Nextel being at the top. The equipment building will be owned by the Village and the space inside will be rented to the individual carriers. This is a preliminary discussion and they are here to be referred to the ARB and the Telecom Commission. Trustee Rosenberg was curious if Nextel had received any level of interest from other carriers. Mr. Rupenthal stated that they currently have two carriers that are very interested in placing their antenna on this pole. Mr. Bradbury stated that financial negotiations will need to be discussed in an Executive Session. Nextel is looking for a conceptual agreement to the ability to get feedback from the Village's Telecommunications Review Board prior to a formal application being submitted. Trustee Santon said the pole seemed to have grown in height. For the Village to evaluate Nextel alone is a problem. He questioned where the other carriers were and hoped the Village was not going to entertain a pole of this size for one carrier. Mr. Steve Rupenthal reiterated that they were in discussion with two carriers, and possibly a third. Board of Trustee Meeting July 22,2004 Page 14 Ms. Tammy Rossi stated that before a complete application was presented to the Village, all proposed carriers will be included as part of the application. This pole is designed for Nextel, but could also carry four carriers as well. Mr. Bradbury stated that the financial information provided is the first submission and it is at the beginning stages. 4. AUTHORIZING DOLPH ROTFELD ENGINEERING, P.C. TO INVESTIGATE DRAINAGE ISSUES AFFECTING RED ROOF FARM AND ADJACENT OFF SITE PROPERTIES AND DEVISING DRAINAGE REMEDIATION PLANS FOR SAID PROPERTY. Mr. Bradbury read the following resolution. On a motion made by Trustee Harris, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION AUTHORIZING DOLPH ROTFELD ENGINEERING, P.C. TO INVESTIGATE DRAINAGE ISSUES AFFECTING RED ROOF FARM AND ADJACENT OFF-SITE PROPERTIES AND DEVISING DRAINAGE REMEDIATION PLANS FOR SAID PROPERTY WHEREAS, on September 3, 1998, the Board of Trustees of the Village of Rye Brook granted final subdivision approval for the Red Roof Farm Subdivision, now known as Blind Brook Estates; and WHEREAS, drainage problems impacting homes within the Red Roof Farm Subdivision and adjacent off-site homes have arisen; and WHEREAS, Dolph Rotfeld Engineering, P.C., conducted a preliminary investigation and a preliminary plan to address these problems; and WHEREAS, the affected on-site and off-site residents desire to work with one another and the Village to implement drainage improvements; NOW, THEREFORE, BE IT RESOLVED, that subject to the written approval of each affected homeowner to undertake investigation of the drainage problems, the Village of Rye Brook hereby authorizes its outside engineering consultant, Dolph Rotfeld Engineering, P.C. to undertake a detailed investigation of the drainage problems affecting various groups of homes, both on site and adjacent to Red Roof Farm, as identified in the memo from Dolph Rotfeld Board of Trustee Meeting July 22,2004 Page 15 Engineering dated April 18, 2003 and if necessary, to secure a survey or surveys of various properties, and to devise a proposed drainage improvement plan for each grouping of affected homes, at the Village's expense not to exceed $25,000, with a cost distribution estimate as follows: Group A-20%, Group B-25%, Group C-25%, Group D-20%, Group E-10%; and BE IT FURTHER RESOLVED, that the affected homeowners will be responsible to pay for the implementation of the remediation plans, without monetary assistance or contribution from the Village; and IT IS FURTHER RESOLVED, that prior to Dolph Rotfeld Engineering, P.C. undertaking an investigation of a specific group of homes, each affected homeowner in that group must agree, in writing, to cooperate with the other affected homeowners in the group and the Village in permitting the remediation plan devised by Dolph Rotfeld Engineering, P.C., including granting any necessary drainage easements to the Village and/or other affected residents and implementing regarding and other physical modifications to their properties. It is understood that notwithstanding the granting of this written permission, each homeowner will have the right to approve the final proposed remediation plan for his/her particular group prior to its implementation. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG ABSTAINED TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Santon had requested that groups be identified because he was not sure what groups were in which parcels. Mr. Bradbury responded that the groups were identified and resubmitted to the Board about a month ago and that he handed them out. The digging of test holes and landscape design work is not part of the budget, therefore,he requested clarification from Dolph Rotfeld. Village Counsel stated that he would request clarification from Mr. Dolph Rotfeld, the Village's Engineering Consultant. Trustee Goodman asked that the matter be put to a vote because the Village was trying to put a ceiling on the number. Mr. Beane noted that either way the cost could not exceed $25,000. The cap remains the same. Board of Trustee Meeting July 22,2004 Page 16 Trustee Harris stated that the Village should approve it at $25,000. Mr. Beane reiterated that he would contact Dolph Rotfeld for clarification. 5. SETTING A PUBLIC HEARING DATE TO AMEND THE VILLAGE CODE CONCERNING MODIFYING THE APPEAL PROCEDURE FOR RENUMBERING OF PROPERTIES. Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the following resolution was adopted: RESOLUTION INTRODUCTION OF A LOCAL LAW AND SCHEDULING OF A PUBLIC HEARING TO AMEND THE VILLAGE CODE CONCERNING MODIFYING THE APPEAL PROCEDURE FOR RENUMBERING OF PROPERTIES WHEREAS, the Village desires to modify the procedure whereby renumbering of the properties may be appealed. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 12, 2003 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed Local Law to amend Chapter 160 of the Code of the Village of Rye Brook to modify the appeal procedure regarding the renumbering of properties. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Cliff Shaw, of 17 Milestone Road, noted there was a problem of numbering on his street. He proposed that: 1) The street sign be moved, 2) Change one house's number and make it 1 A; 3) There is no number 13 on the street, and he suggested using this number. He believes the proposal to change every number on the street goes way beyond a realistic solution to the problem. He wanted the Board to think about the financial impact on all the people involved. Board of Trustee Meeting July 22,2004 Page 17 Mr. Howard Ochs of 7 Milestone Road expressed his opinion that the Board needed to call a public hearing to address this matter. He stated that at least two of the Trustees were not in office when some of these proceedings were going on and he wanted to circulate a copy of a letter from Chief Santoro to the Board of Trustees. He also wanted to mention that his neighbor had suggested a meeting of the residents that live on Milestone Road. Trustee Goodman had offered to come and arbitrate the meeting. Chief Santoro was also invited. They want to have this meeting before the public hearing. Ms. Marianne Shorer of 17 Milestone gave her feelings regarding the renumbering of the whole street. Trustee Santon thought that a workshop is a good idea to air all the feelings. Trustee Goodman asked if the Chief of Police or Mr. Carosi could provide a list of streets that are similar to Milestone. Trustee Rosenberg requested that the meeting at Bellefair take place before the Board of Trustee meeting on August 12, 2003. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. CONSIDERATION OF A MODIFIED SUBDIVISION PLAN FOR THE ROSEN 3-PARCEL SUBDIVISION LOCATED AT 48 LINCOLN AVENUE Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, this resolution was postponed until the next meeting on August 12, 2003. RESOLUTION CONSIDERATION OF A MODIFIED SUBDIVISION PLAN FOR THE ROSEN 3- PARCEL SUBDIVISION LOCATED AT 48 LINCOLN AVENUE Missing RESOLUTION Board of Trustee Meeting July 22,2004 Page 18 TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7. AUTHORIZING THE CREATION OF A COMMITTEE TO EVALUATE A COTERMINOUS TOWN/VILLAGE OF RYE BROOK. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION AUTHORIZING THE CREATION OF A COTERMINOUS TOWN/VILLAGE COMMITTEE WHEREAS, the Village of Rye Brook desires to explore the creation of a coterminous Village/Town whereby the Town of Rye will devolve into the Village of Rye Brook and the Village of Port Chester with each Village becoming a Village/Town as permitted under the New York State laws. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village Rye Brook hereby creates the coterminous Town/Village committee, which shall consist of six (6) members appointed by the Mayor with the approval of the Board of Trustees. The members of the coterminous Town/Village committee shall serve at the pleasure of the Board of Trustees and shall receive no compensation for their services with the exception of reimbursement of expenses incurred in the performance of their duties; and IT IS FURTHER RESOLVED, that the following persons are hereby selected to serve on the "Village of Rye Brook Coterminous Town/Village Committee": Paul Rosenberg, Chair 3 James Way Donald Degling 5 Elm Hill Drive Mario Nardi 11 Maywood Avenue Ted Musho 2 Wilton Road Peter Schlactus 80 Bellefair Road Richard Hubert 53 Doral Greens Drive West Board of Trustee Meeting July 22,2004 Page 19 IT IS FURTHER RESOLVED, that the duties of the coterminous Town/Village committee shall be to make recommendations to the Village Board regarding the creation of a coterminous Town/Village including but not limited to analysis of the cost benefit on the Village of Rye Brook's operation and the impact on Village resident's use of Oakland Beach, Crawford Park and other Town of Rye recreation facilities and services. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI VOTING AYE Trustee Santon said we were supposed to discuss membership of this committee. He went on to say that the resolution read gives the names appointed by the Mayor, with the Board's approval. He stated that he did not approve these names. Mayor Filipowski responded that the Board discussed the six members in an Executive Session that Trustee Santon arrived late at. Because he was not there at the time the discussion was held, he assumed that the Board had not approved the appointments to the Committee. Trustee Rosenberg noted that this was an exciting opportunity for the Village. We need to determine which services we get from the Town of Rye and the tax implications on Rye Brook. We will need the cooperation of Mamaroneck and Port Chester because we are just exploring whether this is financially viable. Trustee Santon recommended that Daniel Tartaglia, Esq., an attorney and resident of Rye Brook, be on this Committee because of all the history he had with the Town of Rye. Mayor Filipowski said that because he is employed by the Town of Rye it was determined that he not be on the Board. Trustee Santon made a motion to appoint Daniel Tartaglia to the Committee. There was no second to his motion. Board of Trustee Meeting July 22,2004 Page 20 8. ENDORSING THE PREPARATION OF A WESTCHESTER COUNTY LEGACY GRANT APPLICATION TO BE CONSIDERED BY THE BOARD OF TRUSTEES FOR A SOCCER AND A BASEBALL/SOFTBALL FIELD TO BE LOCATED ON KING STREET. A request to table this resolution was followed by a motion made by Trustee Harris, and seconded by Trustee Goodman. This matter was postponed until August 12, 2003 TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9. ESTABLISHING 2003-2004 COMPENSATION OF NON-UNION EMPLOYEES A request was made to table this matter. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, this resolution was postponed until August 12, 2003. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 10. APPROVAL OF MEETING MINUTES: March 11, 2003 April 8, 2003 April 22, 2003 May 13, 2003 This matter was also adjourned to the next meeting. Board of Trustee Meeting July 22,2004 Page 21 ADMINISTRATORS REPORT: Mr. Bradbury began his update of projects within the Village by reviewing the procedure for removal of properties from the sewer district. He stated that if the village wanted to pursue this it would need to verify who does and doesn't have septic systems. The Village would need a resolution removing those properties from sewer. This resolution must then be forwarded to the County. At that time the County Executive becomes involved, as well as the Department of Environmental Facilities, and the County Health Department. Next tax information is the requested from the municipality. The Department of Environmental Facilities then prepares a Feasibility Study. Mr. Bradbury noted that this would be a long and involved process. Mayor Filipowski asked if this was something that the Village wanted to pursue. Village Counsel responded that the Board could call for a resolution to be placed on the August 26, 2003 agenda. A first step would be to obtain responses from all of the homeowners Mayor Filipowski asked that all effected residents be advised that this matter is being considered by the Village. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski noted that the next Board of Trustees meetings were scheduled for August 12, 2003 and August 23, 2003. There being no further business before the Board, the meeting was adjourned. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustee Meeting July 22,2004 Page 22