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HomeMy WebLinkAbout2003-05-13 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 13, 2003 @ 7:30 P.M. AGENDA 6:45 Board of Police Commissioners 7:15 Police Memorial at Village Hall Flag Site ROLL CALL PLEDGE OF ALLEGIANCE REPORT: 1. Telecommunications Commission report provided by Chairman on activities of the Commission PUBLIC HEARINGS: 1. Continuation of a Public Hearing in considering Non-Conforming Home Occupations/Special Permit Law 2. Considering a Local Law to amend the Code of the Village of Brook to create Chapter 213, Steep Slope Protection RESOLUTIONS: 1. Considering the adoption of a Local Law to amend the Code of the Village of Rye Brook to create Chapter 213, Steep Slope Protection 2. Referral to Advisory Council on Environmental Conservation, Tree & Beautification Committee and Planning Board concerning modifications to approved subdivision plan for Rosen 3-Parcel subdivision located at 48 Lincoln Avenue 3. Authorizing entry into first amendment for easement agreement with Rye King Associates, LLC regarding the sewer and drainage easement for the firehouse 4. Setting date for a Public Hearing on a Local Law to amend the Village Vehicle and Traffic Law concerning speed limit on King Street Board of Trustees May 13,2003 Page 1 of 20 5. Referral to Planning Board of two proposed local laws amending Chapter 250, Zoning, of the Code of the Village of Rye Brook to regulate residential bulk and impervious surface coverage 6. Authorizing 3rd Annual Valley Terrace Block Party 7. Ratifying the appointment of Michael Borrelli to the Emergency Medical Services Committee 8. Considering appointments to Boards, Committees & Commissions DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1. Potential modification/clarification of the Village Code to ensure strict compliance with documents (e.g. site plan, subdivision plan, special use permit, etc.) approved by the Board of Trustees, so that same may not be modified or deviated from without the express written approval of the Board of Trustees 2. Status of various zoning compliance issues (e.g. site plans, home occupations, special use permits, occupancy, etc.) DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Next Trustees Meetings: May 27, 2003 and June 10, 2003 BOARD Trustee Donald Degling Trustee Carol Goodman Trustee Robert Harris Trustee Dean Santon Mayor Francis Filipowski STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Robert Bertolacci, Parks & Recreation Superintendent Victor Carosi, Village Engineer Marilyn Timpone-Mohamed, Village Consultant Robert Santoro, Police Chief Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees May 13,2003 Page 2 of 20 Mayor Filipowski called the meeting to order at 7:36 p.m. Prior to the meeting a Memorial Service was held for all fallen police officers at the Flagpole. Deacon Jack Munnick officiated. Mayor Filipowski noted that a lengthy budget session was completed prior to this Board of Trustee meeting. He also noted that there was a groundbreaking ceremony for the new Firehouse on Monday morning. Things are moving along. This is a big event in Rye Brook's history. Mayor Filipowski turned to the agenda for the evening, calling for item 91: REPORT 1. TELECOMMUNICATIONS COMMISSION REPORT PROVIDED BY CHAIRMAN ON ACTIVITIES OF THE COMMISSION Mr. Ed Howe, Chairman of the Telecommunications Commission, was called upon for a report of recent activities of the Commission. Mr. Howe thanked the Board for allowing them an opportunity to serve the community. He began his presentation by introducing the members of the Commission. He pointed out that the Telecommunications Commission worked extensively to provide for live broadcasting of the Board of Trustee meetings. They are also the Commission that put together the website for the Village over three years ago. This Commission has been kept very busy. They have reviewed several cell facility applications within the Village; researched and assisted with the purchase of the cameras for Village Hall; worked on setting up the elaborate cameraman control booth; reviewed and made recommendations on the Village's Public Access Guidelines. The Commission is now working on new issues, beginning with updating the Village's website. The next project will be the review of the Cable Channel contract renewal. The current contract, which is due to expire in two years, is being amended. The Commission is working with Cable Vision and there will be open meetings to discuss various options, i.e.: digital cable TV, high-speed internet access. The first meeting is planned for June 5, 2003. Mayor Filipowski and the Board thanked Mr. Howe and the Commission for their hard work. Mayor Filipowski noted that Legislator Martin Rogowsky was in attendance at the meeting. Mr. Rogowsky addressed the Board. He congratulated the Village on their firehouse groundbreaking and the live transmission of this and all future Board of Trustee Meetings. He reviewed several County projects beginning with the repaving of Ridge Street, which was well on its way. He stated that he would be in attendance for the grand opening of the temporary soccer field at Crawford Park. Mr. Rogowsky announced that there would be an Environmental and Health Committee Meeting at Village Hall at 7:30 p.m. on Thursday. They will be discussing the very extensive noise study conducted at the Westchester County Airport. Board of Trustees May 13,2003 Page 3 of 20 Mr. Rogowsky noted that a Blind Brook High School student would be working with him as an intern in the coming weeks. Mayor Filipowski pointed out that the repaving on Lincoln Avenue was commencing. He thanked Mr. Carosi and Mr. Bradbury for all of their hard work on this project. Mayor Filipowski called for the first item under Public Hearings: PUBLIC HEARINGS: 1) CONTINUATION OF A PUBLIC HEARING IN CONSIDERING NON- CONFORMING HOME OCCUPATIONS/SPECIAL PERMIT LAW Mayor Filipowski declared the public hearing open. It was noted that the public hearing was a continuation from the previous meeting. Mr. Beane offered a brief analysis of this matter. He noted the distinctions between Tier I, Tier II and Tier III, pointing out the following: Tier I is only the resident, no employees. Tier II is resident plus one employee. Tier III is resident plus two employees. There is nothing in the proposed law that talks about the number of visits. There is one issue that may be cause for some concern and it surrounds Tier III where there is a non-conforming use that involves more than two non-residents (permanent, full-time residents). In that instance the Village may be able to control the hours of operation. However, there are no changes for Tier I and Tier II. These types of uses do not have to worry about hours or number of visits. Dr. Marvin Bergman, psychologist and Rye Brook resident, addressed the Board. He asked for clarification of the law. He stated that he was a psychologist who practiced in the Village. Mr. Beane responded that if a resident worked from home (i.e.: a psychologist) and there were no additional employees, they would not be considered a Tier I. Under this law the number of visits and hours are not regulated. Trustee Santon stated that he has reviewed the latest draft of the Local Law. He noted changes made by the Village Attorney and questioned why the changes were made. He referred to the memo dated May 9, 2003 from Mr. Nicholas Ward-Willis. Mr. Bradbury responded that the intent was to ensure that the individual running a business from the home had an interest. Being the primary resident creates just that type of interest. Trustee Santon noted that he regarded a Special Use Permit as a privilege. He was concerned about converting a residential dwelling into a business use. The Village should be careful about who is allowed to run a business from a residence. People that own houses and want to work out of their home should be allowed to do so. However, it is important to note that in recent years there have been a number of these uses that have caused adverse impacts, i.e.: parking, traffic, etc. He felt that the business owner should also have ownership in the property. He felt that tenants should not be granted Special Use Permits. Mayor Filipowski agreed, noting Board of Trustees May 13,2003 Page 4 of 20 that tenants running a business out of a residence could allow for transient tenant use as compared to dealing with home occupations. Mr. Bradbury noted that the current language has the Special Permits running with the property. Mr. Beane noted that this law is self-limiting. Regardless of who the permanent, primary resident is, if that resident has one employee they become a Tier II. If that resident has two employees they become a Tier III. A resident cannot have more than three employees. Trustee Goodman felt that this law should not be tied to ownership. She felt that if someone leases or owns a home and follows the law and all of the regulations then they should be permitted to run a business. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that some homeowners have a housekeeper and/or a nurse. He requested clarification of whether or not these were considered employees. Mr. Beane responded that as the law is currently written these types of employees were unrelated to any business run from the home. He suggested that a definition of the word `employees' be added to the proposed law. Trustee Santon noted that there were two ways that a residential dwelling could be used to run a business. One was under the Home Occupation law and the second was under Special Use Permits. As everyone knows, there are residential properties that have been granted Special Use Permits. In the latter instance, the resident owns the property but does not live there at all. It is no longer used as a residence but rather as a business. A resident running a home occupation from their dwelling has not, up until now, had to apply for permission to run this business. They just started a business from their house. The applicant should be the owner of the property and have a vested interest in the property. Trustee Santon felt that the laws should be tightened. If someone wants to operate a medical office out of his or her basement, it would be great. But there are a lot of commercial interests looking at residential properties and converting them into business uses. Bowman and Westchester are two areas that need to be reviewed. He felt that this infringes upon the quality of life on the surrounding residents. He stated that he was particularly concerned with Tier II and Tier III uses. He asked that Tier I uses be identified but noted that no one really has an issue with any of the Tier I occupations. The issues arise when there are employees and many visitors, etc. Mr. Beane noted that the problem with Trustee Santon's analysis was the Village's ability to pin down who is the resident. Although some residents are not the owner of the property, they are the people who live in the residence and it is their primary residence. Tier I is only for people who live there and for whom this is their primary residence. They must also own the business or have a controlling interest in the business. Board of Trustees May 13,2003 Page 5 of 20 Trustee Goodman clarified that whatever definition is given it must be consistent. She noted that Tier II does not cause parking problems, noise problems, etc. People should be free to use their homes in a way that they want to if they are not disturbing other residents. Mr. Beane felt comfortable with the definition of resident used. If someone lives in the home full time it should not make a difference if they are the homeowner or tenants. Trustee Harris noted that this new law would cost the Village money. This places a burden on the Building Department. He asked for an estimate of what the number of Village-Man hours involved in reviewing each Tier would be. He was looking to ensure that the costs would be kept to a minimum. Mr. Victor Carosi, Village Engineer, responded to Trustee Harris' concerns. He stated that he did not have an estimate of how many man-hours this law would expend. He noted that he would need some time to research this matter. Mr. Bradbury noted that the Village does not handle this matter efficiently at this time. They are attempting to place all home occupations on a list for renewals. Trustee Degling felt that it would be appropriate to add an annual license fee or permit fee that approximates the cost of the paperwork. This would address Trustee Harris' concerns. Mr. Bradbury and Mr. Carosi were asked to review this matter. Mayor Filipowski asked for the consensus of the Board. Trustee Goodman suggested that if a definition of resident was applied it should only be tied to Tier II and Tier III. Trustee Santon agreed with Trustee Goodman in that Tier I should be treated differently. Mayor Filipowski questioned whether or not the Board needed to spend additional time reviewing this proposed law. Mr. Bradbury stated that the public hearing could be continued to allow for additional work. Mr. Beane stated that he understood the Board's concerns and would modify the law to reflect these concerns. On a motion made by Trustee Harris, and seconded by Trustee Santon, the public hearing would be continued to the June 10, 2003 Board of Trustee meeting. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for item 92 on the agenda: Board of Trustees May 13,2003 Page 6 of 20 2. CONSIDERING A LOCAL LAW TO AMEND THE CODE OF THE VILLAGE OF RYE BROOK TO CREATE CHAPTER 213, STEEP SLOPE PROTECTION Mayor Filipowski declared the public hearing open. Ms. Marilyn Timpone-Mohamed, Village Planning Consultant from the firm of Frederick P. Clark Associates, offered a summary of this proposed amendment. She noted that the genesis of the local law is to protect environmental areas in the Village. Steep slopes contribute to increased erosion and sedimentation of the waterways. The proposed changes to the local law will attempt to establish a regulator and protect the natural terrain on steep slopes. This will require the implementation of mitigation measures. If the avoidance of disturbance of steep slopes becomes unavoidable, then mitigation must be implemented. The proposed amendments provide for review standards of any application involving the disturbance of steep slopes. These amendments are meant to be folded into the general process of construction applications. It would be part of a subdivision approval or site plan approval. If the applicant complies with the requirements of the law then the applicant would be issued a steep slopes permit. The law has been reviewed with the Planning Board, Village Staff, Consultants and the Board of Trustees. The intent is to make this local law as efficient and non-burdensome as possible, and to clearly define the approval authority. Trustee Degling reviewed some areas of the law that needed corrections, including areas referring to approval authorities and the scale used for calculations. He noted that he had marked up his copy of the law and gave it to Ms. Timpone-Mohamed to facilitate the corrections. Mr. Carosi pointed out that the areas that refer to Village Engineer and Village Board as approval authorities have conditions of approval. He stated that Trustee Degling was correct in that the approval authority should be consistent throughout the law. He noted that larger applications are reviewed by the Board of Trustees while smaller applications are reviewed by the Village Engineer. Therefore, the approval authority is based upon the application. A discussion regarding which body had approval authority ensued. Mr. Beane clarified that the Village Board is the top layer when it comes to appeals. There is no appeal for a decision of the Village Board. Ms. Timpone-Mohamed noted that the Zoning Board of Appeals was removed from the appeals process. If the Village Engineer's decision is questioned then the appeal goes directly to the Village Board. Trustee Santon noted that this matter was discussed and the Village Board should be the final authority. This law is a very important part of planning and the responsibility should remain with the Village Board. Trustee Santon noted that there were different categories of steep slopes. He questioned how this proposed new law addressed this matter. Ms. Timpone- Board of Trustees May 13,2003 Page 7 of 20 Mohamed noted that as the slope becomes steeper the necessity to maintain the slope becomes more important. Certain engineering practices and standards must be adhered to in order to maintain the integrity of the slope. This would fall under the purview of the Village Engineer and his expertise. Trustee Santon noted that there have been recent developments within the Village where homes have been constructed very close to a steep slope. Applicants have attempted to create a level area on which to construct. He wanted to be sure that the Village Engineer would have the authority to tell a builder or developer that they would have to push the construction farther away from the change in elevation. Ms. Timpone-Mohamed noted that there are standard practices that must be followed. The law itself also describes certain standards. The Village's Engineer, and the approval authority, can condition the approval by moving the structure to a more reasonable and safe distance from the slope. Mayor Filipowski asked if there were any members of the public that wished to address the Board on this matter. There was no one who wished to speak on this topic. Mayor Filipowski asked for a motion to close the public hearing. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the public hearing was closed. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the first item under resolutions: RESOLUTIONS 1. CONSIDERING THE ADOPTION OF A LOCAL LAW TO AMEND THE CODE OF THE VILLAGE OF RYE BROOK TO CREATE CHAPTER 213, STEEP SLOPE PROTECTION Mr. Beane reviewed the changes to the Resolution requested during the public hearing. Mr. Bradbury read the resolution as amended. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION Board of Trustees May 13,2003 Page 8 of 20 CONSIDERING THE ADOPTION OF A LOCAL LAW TO AMEND THE CODE OF THE VILLAGE OF RYE BROOK TO CREATE CHAPTER 213, STEEP SLOPE PROTECTION WHEREAS, the Rye Brook Village Board of Trustees is considering the adoption of a local law to amend the Code of the Village of Rye Brook to create Chapter 213, Steep Slope Protection; and WHEREAS, by resolution dated March 13, 2003, the Planning Board recommended adoption of the proposed local law as revised by the Village Planning Consultant according to their suggestions and comments; and WHEREAS, the Village Board is familiar with the proposed local law and has discussed it on a number of occasions, directing the Village Consultant to make revisions and modifications; and WHEREAS, the proposed text amendments are attached to this resolution, with text to be deleted shown in strikeout and text to be added shown in double underline; and WHEREAS, on May 13, 2003 the Village Board held a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said proposed Local Law; and WHEREAS, the Village Board after due deliberation, finds it in the best interest of the Village to adopt such local law; and WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act by determining that adoption of such Proposed Local Law is an "Unlisted Action" and preparing a short Environmental Assessment Form. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby adopts a Negative Declaration, for the reasons stated therein, thereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts Local Law 95 - 2003. Ms. DiSalvo called the roll: TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees May 13,2003 Page 9 of 20 2. REFERRAL TO ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION, TREE & BEAUTIFICATION COMMITTEE AND PLANNING BOARD CONCERNING MODIFICATIONS TO APPROVED SUBDIVISION PLAN FOR ROSEN 3-PARCEL LOCATED AT 48 LINCOLN AVENUE Mayor Filipowski noted that the application was incomplete and the decision to hold the resolution over to the next meeting was made contingent upon the applicant providing the necessary documentation. Trustee Santon noted that there were conditions applied to approval of this subdivision that were not adhered to. He requested that the Village Engineer review these matters and submit a memorandum to the Board so that they would be clear on this matter. Mr. Bradbury responded that an arborist has been hired by the Village to review this application. In addition, a Stop Work Order has been issued. 3. AUTHORIZING ENTRY INTO FIRST AMENDMENT FOR EASEMENT AGREEMENT WITH RYE KING ASSOCIATES, LLC REGARDING THE SEWER AND DRAINAGE EASEMENT FOR THE FIREHOUSE Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION AUTHORIZING ENTRY INTO FIRST AMENDMENT FOR EASEMENT AGREEMENT WITH RYE KING ASSOCIATES, LLC REGARDING THE SEWER AND DRAINAGE EASEMENT FOR THE FIREHOUSE WHEREAS, in 1997, the Village of Rye Brook entered into an Easement Agreement with the owner of 900 King Street, Rye Brook, New York whereby the Village acquired permission to install drainage and sewer pipes at the 900 King Street property for the construction of Village Hall; and WHEREAS, the Village is constructing the Village Firehouse on property adjacent to Village Hall and 900 King Street and requires an easement over a portion of 900 King Street to connect new drainage and sewer pipelines to the pipes located in the easement area created in 1997 for the purpose of draining storm water from the Firehouse Property and to install a sanitary sewer spur to serve the Firehouse Property; and Board of Trustees May 13,2003 Page 10 of 20 WHEREAS, Rye King Associates, LLC, the current owner of 900 King Street, and the Village of Rye Brook desire to modify the terms of the 1997 Easement Agreement so as to permit the Village's Firehouse property to have access to the sewer and drainage pipelines in the 1997 Permanent Easement Area and to expand the Permanent Easement Area to accommodate the 900 King Street property adjacent to the Firehouse Property; and NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby authorizes entering into the First Amendment to the 1997 Easement Agreement; and IT IS FURTHER RESOLVED, that the Village of Rye Brook agrees to pay Rye King Associates LLC reasonable attorneys' fees and engineering fees incurred in reviewing the First Amendment to the 1997 Easement Agreement and; IT IS FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING SPEED LIMIT ON KING STREET Mr. Bradbury read the following resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the following resolution was adopted: Board of Trustees May 13,2003 Page 11 of 20 RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING SPEED LIMIT ON KING STREET WHEREAS, the State of New York has reduced the speed limit along the portion of King Street within the municipal boundaries of the Village of Rye Brook from forty (40) miles per hour to thirty-five (35) miles per hour; and WHEREAS, a local law has been proposed to codify the reduced speed limit along King Street; WHEREAS, codification of the reduced speed limit will allow enforcement of this speed limit pursuant to the Code of the Village of Rye Brook and, thereby, allow the Village to obtain a portion of the fines accessed for violations of the reduced speed limit; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on May 27, 2003 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to amend the speed limit along King Street. Chief Santoro noted that this local law is required. It is not an enforcement issue but rather this law allows the Village to share in the revenues created by enforcing the law. This New York State law sets a 35 mph speed limit. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. REFERRAL TO PLANNING BOARD OF TWO PROPOSED LOCAL LAWS AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK TO REGULATE RESIDENTIAL BULK AND IMPERVIOUS SURFACE COVERAGE Board of Trustees May 13,2003 Page 12 of 20 Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Degling, the following resolution was adopted: RESOLUTION REFERRAL TO PLANNING BOARD OF TWO PROPOSED LOCAL LAWS AMENDING CHAPTER 250, ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK TO REGULATE RESIDENTIAL BUILDING BULK AND IMPERVIOUS SURFACE COVERAGE WHEREAS, the Board of Trustees is considering two local laws amending Chapter 250, Zoning, of the Code of the Village of Rye Brook to regulate residential building bulk and impervious surface coverage; and WHEREAS, the proposed text amendments are attached to this resolution, with text to be deleted shown in strikeout and text to be added shown in double underline. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the two proposed local laws, as attached hereto, to the Planning Board for review and comment. Trustee Santon began the discussion on this local law, asking for the status and a definition of impervious surface. Ms. Timpone-Mohamed responded that the law amending the impervious surface regulations in the Village has been referred to the Planning Board. Their recommendation was that no action be taken until bulk regulations has been reviewed. At this time the bulk regulation review has been completed. Regarding impervious surface, Ms. Timpone-Mohamed noted that this area was one of great concern for the Planning Board. Currently the maximum coverage in each of the districts has the percentages based upon the minimum buildable lot size in each district. It was noted that the area of concern surroundings residents paving areas of their front yards. Also discussed at the Planning Board level was whether or not swimming pools should be included in the calculations of impervious surfaces. These areas will be addressed by the Planning Board. The question of why swimming pools were being considered as impervious surfaces was discussed. Ms. Timpone-Mohamed noted that swimming pools impede the recharge of storm water runoff. The pool stops the rainwater from percolating into the ground. It was noted, however, that pools do have benefits for the residents and many municipalities do not include swimming pools for this reason. Ms. Timpone-Mohamed reminded the Board that this law, if adopted, will only effect those properties that come up for site plan review or for a building permit. Ms. DiSalvo called the roll: Board of Trustees May 13,2003 Page 13 of 20 TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury noted that the amendments to the Local Laws are posted on the Village's website as they are adopted. 6. AUTHORIZING THIRD ANNUAL VALLEY TERRACE BLOCK PARTY Mr. Bradbury read the following resolution. On a motion made by Trustee Degling, and seconded by Trustee Harris, the following resolution was adopted: RESOLUTION AUTHORIZING THE 3rd ANNUAL VALLEY TERRACE BLOCK PARTY RESOLVED, that the use of Valley Terrace between Argyle Road and Ridge Boulevard for the Valley Terrace Block Party on Saturday, September 13, 2003 (rain date of Sunday, September 14, 2003) is hereby approved with the terms to be established by the Rye Brook Police Department. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7. RATIFYING THE APPOINTMENT OF MICHAEL BORRELLI TO THE EMERGENCY MEDICAL SERVICES Mr. Bradbury read the following resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the following resolution was adopted: Board of Trustees May 13,2003 Page 14 of 20 RESOLUTION RATIFYING THE APPOINTMENT OF MICHAEL BORRELLI TO THE EMERGENCY MEDICAL SERVICES COMMITTEE WHEREAS, the Inter-Municipal Agreement (IMA) between the Village of Rye Brook, the City of Rye and the Village of Port Chester for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, Michael Borrelli of 21 Magnolia Drive was appointed in June 1998 which term expired in June 2002; and WHEREAS, the Port Chester-Rye-Rye Brook Volunteer Ambulance Corps, Inc. has advised our municipalities that Mr. Borrelli is an active participant and he wishes to continue his service on the Committee, NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook ratifies the appointment of Michael Borrelli of 21 Magnolia Drive to the Emergency Medical Services Committee for an additional three year term to expire on June 30, 2006 Trustee Santon asked how many members are currently on this committee. Mr. Bradbury read the list of members, and noted that he was a representative on the committee. He also noted that each community has representatives. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 8. CONSIDERING APPOINTMENTS TO BOARDS, COMMITTEE AND COMMISSIONS Mr. Bradbury read the following resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION CONSIDERING THE APPOINTMENTS TO BOARDS, COMMITTEES & COMMISSIONS Board of Trustees May 13,2003 Page 15 of 20 APPOINTMENTS TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED, that Harvey Schiller is hereby reappointed Chairperson. APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Ed Kulik of 42 Meadowlark Road is hereby reappointed for a term that shall expire on the first Monday in April 2005; and be it FURTHER RESOLVED, that Joanne Citrin of One Old Oak Road is hereby reappointed for a term that shall expire on the first Monday in April 2005; and be it FURTHER RESOLVED, that Jon Horwitz of 15 Sleepy Hollow Road is hereby reappointed for a term that shall expire on the first Monday in April 2005; and be it FURTHER RESOLVED, that Jon Horwitz is hereby appointed Chairperson. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1. POTENTIAL MODIFICATION/CLARIFICATION OF THE VILLAGE CODE TO ENSURE STRICT COMPLIANCE WITH DOCUMENTS (E.G. SITE PLAN, SUBDIVISION PLAN, SPECIAL USE PERMIT, ETC.) APPROVED BY THE BOARD OF TRUSTEES, SO THAT SAME MAY NOT BE MODIFIED OR DEVIATED FROM WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE BOARD OF TRUSTEES Trustee Santon noted that he requested that this matter be placed on the agenda for discussion. He pointed out that the Village's staff has certain discretion in making field changes. He has found situations where there were approved site plans, subdivision plans and resolutions that have been deviated upon. The Planning Board and Board of Trustees work very hard to finalize the plans and resolutions and he stated that he had a problem with them being altered in the field. He asked that the Village consider amendments that would clarify what discretion Village staff has Board of Trustees May 13,2003 Page 16 of 20 when considering field changes. He asked that the Board look at the Dr. Lee Special Use Permit that provided for a handicapped chair lift that was changed to a covered, almost totally enclosed, ramp as a sample. Trustee Santon questioned what the point was of having the process if it was only going to be thrown out in the field. Mr. Bradbury responded that the Village has become more aggressive in this area. In addition, they are currently interviewing for the position of Code Enforcement Officer and the amendments to the Village Code will help in clarifying many of the issues. Trustee Degling pointed out that there are sizeable fines in place for applicants who deviate from the approved plans. However, on the other hand, when there are minor errors in the plans or drawings the staff has the expertise to make the corrections. The Village's professionals must be allowed to exercise their judgments without being micro-managed. Trustee Harris also felt that Village Staff should be given some leeway. The Village's professional employees have training and expertise, and there is no need to micromanage them. He felt that it would be a greater error to make the process so laborious by directing them that any changes that they might want to make would have to be referred back to the Board of Trustees. Mr. Bradbury agreed with Trustees Degling and Harris. He noted that the Village is in the process of updating the Code because the current Code is outdated. The Village must depend upon their professionals. 2. STATUS OF VARIOUS ZONING COMPLIANCE ISSUES (E.G.: SITE PLANS, HOME OCCUPATIONS, SPECIAL USE PERMITS, OCCUPANCY, ETC.) Trustee Santon noted that via a memorandum from the Acting Building Inspector, Mr. Michael Izzo, the Board was brought up to date on some of the Home Occupation and Special Use Permits. He asked that the Board now be updated on issues such as Reckson Office Park, pointed out that compliance issues have been recently discovered. These issues include problems with a portion of the parking, and the lack of the amenity that was promised to the Village (the jogging course). He felt that the Village must review these matters to make sure that permits are being complied with. Mr. Bradbury noted that there have been meetings with Reckson to discuss these issues. He will prepare an update for the Board. Board of Trustees May 13,2003 Page 17 of 20 Mr. Bradbury reviewed anticipated topics for the next Board of Trustees meeting: • Rose Della Valla "thank you" as retired crossing guard • Public hearing and resolution approving reduction in speed limit on King Street • Resolution appointing Laborers (2) and Parks Attendant • Resolution appointing Robert Bertolacci as Recreation Superintendent • Resolution approving bids for road resurfacing • Resolution approving insurance proposals for property and general liability • Resolution setting a public hearing to consider the acceptance of roads within Red Roof • Resolution appointing members to various Boards, Commissions and Committees • Discussion on future use of Village property on Lincoln Avenue • Approval of minutes • Administrator's Update Trustee Santon felt that the Board should be holding a voice vote for setting the agendas as there have been several items brought up for discussion by Trustees that have not been placed on the agenda. Trustee Harris agreed. Mr. Bradbury responded by noting that the agenda for the May 270' is a full agenda. Sometimes it is difficult to predict if an item is ready for action at a Board meeting (i.e.: the $7400 invoice pending on the Hoffman property). If the action is not ready, then it is not added to the agenda. Trustee Santon questioned where the Village stood on the King Street Athletic field project. Mayor Filipowski noted that at this time discussions with adjacent homeowners regarding this field are being held. Mr. Beane noted that the Village must acquire property that is needed to complete this project. He was preparing a resolution for additional work to be done in connection with this project. Mr. Beane addressed a matter of litigation for the Village. He read the resolution. On a motion made by Trustee Degling and seconded by Trustee Goodman the following resolution was adopted: RESOLUTION AUTHORIZING THE COMMENCEMENT OF LITIGATION AGAINST GORDON A. AVERY AND MARIE AVERY WHEREAS, the Village of Rye Brook Board of Trustees has determined that Gordon A. Avery and Marie Avery are in violation of Chapter 6 of the Code of the Village of Rye Brook entitled "Affordable Middle Income Development Program at Bellefair" and the Declaration of Restrictive Covenant filed on July 18, 2001 with the Westchester County Clerk, Bureau of Land Records for failure to keep the affordable Board of Trustees May 13,2003 Page 18 of 20 middle income unit conveyed to Mr. Avery "owner-occupied" as required by such Code and Restrictive Covenant; and WHEREAS, the Village of Rye Brook Board of Trustees has determined that Gordon A. Avery has failed to pay his health and dental insurance premium balance due to the Village in the amount of$6,499.09, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby authorizes Keane & Beane, P.C., as Village Attorney, nunc pro ntunc to commence an action against Gordon A. Avery and Marie Avery seeking declaratory and injunctive relief to enforce the Village of Rye Brook Code and Declaration of Restrictive Covenant in connection with the requirement that a middle income unit in the subdivision known as Bellefair, located in the Village of Rye Brook, be owner occupied and additionally seeking monetary damages to collect the cost of health insurance premiums that Mr. Avery, a former Village employee, has failed to pay. Trustee Santon questioned whether legal fees were covered by the retainer. Mr. Beane noted that litigation is not a covered cost. Litigation is charged on an hourly basis. He pointed out, however, that a significant amount of preliminary work on this matter has been completed under the retainer agreement between his firm and the Village. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC No members of the public wished to address the Board. Mayor Filipowski asked for a motion for an Executive Session on personnel. On a motion made by Trustee Degling, and seconded by Trustee Santon, an Executive Session was scheduled. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees May 13,2003 Page 19 of 20 Mayor Filipowski noted that the next Board of Trustee Meetings were scheduled for May 27, 2003 and June 10, 2003. There being no further business before the Board, the meeting was adjourned at 10:00 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees May 13,2003 Page 20 of 20