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HomeMy WebLinkAbout2003-10-14 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 14, 2003 @ 7:30 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1. Considering preliminary and final subdivision approval and wetlands permit approval for a lot merger located at 22 Lincoln Avenue, Section 1, Block 12, Lots 113-213-113, 1B-2B-2 and 1B-2B-2S. RESOLUTIONS 1. Considering preliminary and final subdivision approval and wetlands permit approval for a lot merger located at 22 Lincoln Avenue, Section 1,Block 12, Lots 113-213-113, 1B-2B-2 and 1B-2B-2S. 2. Setting a Public Hearing date to consider a special use permit and site plan application for a Tier III Home Occupation located at 63 South Ridge Street. 3. Authorizing issuance of$350,000 Serial Bonds to pay additional costs for the construction of the firehouse. 4. Authorizing the hiring of a consultant to provide fire training services to the Village of Rye Brook and the Village of Port Chester. 5. Approving snow and ice agreement with New York State Department of Transportation for 2005-06 snow seasons. 6. Authorizing use of Village streets for Thanksgiving Day Parade. 7. Approval of Meeting Minutes: July 14, 2003 (Special Meeting) Board of Trustees October 14, 2003 Page 1 of 21 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1. Discussion: Modifications to Chapter 235, Trees, of the Code of the Village of Rye Brook. 2. Discussion: Proposed revisions of the Home Occupations local law. 3. Discussion: Considering the preservation of Harkness Park and a passive recreation use designation. 4. Discussion: Potential licensing of landscaping/tree care vendors. 5. Discussion: Updating of"Rye Brook Recreation Study" dated July, 1987, as prepared by Frederick P. Clark Associates. 6. Discussion on the establishment of a Village board finance committee. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Next Trustee Meetings: October 28, 2003 and November 12, 2003 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 Edward Beane, Esq.,Village Counsel Victor Carosi, Village Engineer Robert Santoro, Police Chief Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Filipowski began the meeting by advising everyone of the coming storm. He noted that it was his hope to complete the agenda for the meeting before the storm started. Board of Trustees October 14, 2003 Page 2 of 21 PUBLIC HEARING 1. CONSIDERING PRELIMINARY AND FINAL SUBDIVISION APPROVAL AND WETLANDS PERMIT APPROVAL FOR A LOT MERGER LOCATED AT 22 LINCOLN AVENUE, SETION 1, BLOCK 12, LOTS 1B-2B-1B, 113-211-2 AND 1-B-2-B-2S Mr. Bradbury was asked for a summary of this project for the benefit of the members of the public. Mr. Bradbury noted that this is a lot merger for property located at 22 Lincoln Avenue. Nothing will be constructed on the property. The Village's Planning Board has reviewed this matter and reduced the notification area for the property owner. The Village Staff, Planning Board, Westchester County, and the Village's Planning Consultant have reviewed this application. The public hearing was scheduled in order to receive input from residents, and to consider acting on this application. Mayor Filipowski called for comments from members of the public, or members or he Board. As no one wished to address this matter, he called for a motion to close the public hearing. On a motion made by Trustee Santon, 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 RESOLUTION 1. CONSIDERING PRELIMINARY AND FINAL SUBDIVISION APPROVAL AND WETLANDS PERMIT APPROVAL FOR A LOT MERGER LOCATED AT 22 LINCOLN AVENUE, SETION 1, BLOCK 12, LOTS 1B-2B-1B, 113-213-2 AND 1-B-2-B-2S Mr. Bradbury read the resolved clauses of the resolution. A negative declaration was made. WHEREAS, Kenneth Heller is the owner of the premises located at 22 Lincoln Avenue and has made an application to the Village of Rye Brook, pursuant to Section 250-6(A)(2) of the Village Code, requesting a lot merger of Board of Trustees October 14, 2003 Page 3 of 21 the subject properties known as Lots 1B-2-B-1, 1132-13-2 and 1132-13-2/S in Section 1, Block 12A on the tax assessors maps; and WHEREAS, the subject parcels, together, are 2.54 acres in size, and are located on the south side of a private right-of-way, 311.55 feet as measured along the right-of-way from the west side of Lincoln within the R-12 zoning district and within the 100-foot watercourse buffer of Blind Brook; and WHEREAS, the Village Board of Trustees granted a variance from application of the provisions of Local Law 95-2002, the Interim Development Law, for consideration of the subject application; and WHEREAS, the Village Board of Trustees has reviewed the information submitted by the applicant in support of the applications including a Short Environmental Assessment Form(EAF) and the following plans: 1. Survey of Property, prepared by Ward Carpenter Engineers, Inc., White Plains, dated February 10, 2003; 2. Merger and Reapportionment Map, prepared by Ward Carpenter Engineers, Inc., White Plains, dated February 10, 2003; and WHEREAS, the subject application was referred to the Village Planning Board, the Westchester County Department of Planning and the Village Planning Consultant for report and recommendation; and WHEREAS, the Village Board has reviewed the report and recommendations submitted by the Planning Consultant; and WHEREAS, the Planning Board discussed the application in an open meeting on September 18, 2003 and by resolution recommended approval of the application with conditions; and WHEREAS, the conditions recommended by the Planning Board have been satisfied by the Applicant, including submission of information required for application for a permit to perform regulated activities in a wetland pursuant to Chapter 245 of the Village Code; and WHEREAS, The Village Board has determined that the lot merger will not result in any physical alteration to the subject properties; and WHEREAS, on October 14, 2003 the Village Board held a duly noticed public hearing on the preliminary plat, at which time those persons wishing to be heard were given the opportunity to be heard; and Board of Trustees October 14, 2003 Page 4 of 21 WHEREAS, the Village Board is familiar with the Site and all aspects of the proposed subdivision/merger and is satisfied that the subdivision/merger will comply with the standards and requirements of the Village of Rye Brook Code; and WHEREAS, the Village Board of Trustees determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 for which the Village of Rye Brook Board of Trustees is the Lead Agency for environmental review with respect to approval of said subdivision/merger. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts a Negative Declaration because the subdivision/merger will not result in physical changes to the site, thereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees approves the Wetlands Permit application; and BE IT FURTHER RESOLVED, as follows: 1. The Board hereby finds that the Final Plat will not be substantively changed from the Preliminary Plat and hereby determines that a public hearing on the Final Plat is not required. 2. The Board hereby grants both Preliminary and Final Subdivision Plat Approval for the lot merger, as herein defined, to the Applicant, and the Mayor is authorized to sign such plat subject to the following conditions and modifications which must be satisfied prior to the signing of the Final Plat by the Mayor: 3. The Applicant shall prepare a Final Subdivision Plat in accordance with Section 219-40 of the Village of Rye Brook Subdivision Regulations. Upon obtaining a satisfactory review by the Village Engineer, the Final Subdivision Plat shall be submitted for review and signature to the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the Final Plat by the Mayor. The Applicant shall submit a statement signed by the Town of Rye Receiver of Taxes that all taxes due on the Property have been paid. Board of Trustees October 14, 2003 Page 5 of 21 On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. Mayor Filipowski noted that there was no need to deal with the interim development law and, therefore, it should be removed from the resolution. Mr. Beane stated that the resolution could be amended, noting that a variance was granted but that it is no longer applicable. Trustee Santon noted that the Variance simply allowed the process to move forward during the Moratorium. The reference to the interim development law was removed and on a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was amended. Ms. Heller, Mr. Heller's daughter who was at the meeting representing her father, thanked the Mayor and Board of Trustees for approving this resolution. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. SETTING A PUBLIC HEARING DATE TO CONSIDER A SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR A TIER III HOME OCCUPATION LOCATED AT 63 SOUTH IDGE STREET Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR A TIER III HOME OCCUPATION AT 63 SOUTH RIDGE STREET, WHEREAS, Richard Izzo, is the owner of the premises located at 63 South Ridge Street and has made an application to the Village of Rye Brook, pursuant to Section 250-38(D)(3) of the Village Code requesting a special use Board of Trustees October 14, 2003 Page 6 of 21 permit and site plan approval for the operation of a Tier III Home Occupation at the subject property located at Section 1, Block 20, Lot 4B, located in the R-2F Zoning District; and WHEREAS, the Planning Board and Village Planning Consultant reviewed the subject application and made recommendations at the September 18, 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 October 28, 2003 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York 10573 to consider a special use permit and site plan application for the operation of a Tier III Home Occupation at 63 South Ridge Street located at Section 1, Block 20, Lot 4B in the R-2F Zoning District; 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 regarding notification, as modified herein, by reducing the written notification requirement to the properties located in a one block area surrounding the site bordered by Bowman Avenue, Westchester Avenue, Division Street and South Ridge Street, and requiring that said written notification refer to the public hearing on the special use permit and site plan application for a Tier III Home Occupation scheduled for the Village Board meeting on October 28, 2003 at 7:30 p.m. Dr. Richard Izzo, the applicant, addressed the Board. He asked the Board to please reduce the area of notification from the required 500' as this would be the third time he has had to send out the notification to his neighbors. Mayor Filipowski asked Mr. Bradbury for his input on how the area for notification could be decided Trustee Robert Harris suggested from Westchester Avenue to Bowman, which would include Division Street, South Ridge Street, Westchester Avenue, for a total of 15 lots. Mr. Beane made an the change to the resolution. The roll was called on the amended resolution: TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees October 14, 2003 Page 7 of 21 3. AUTHORIZING ISSUANCE OF $350,000 SERIAL BONDS TO PAY ADDITIONAL COSTS FOR THE CONSTRUCTION OF THE FIREHOUSE Mr. Bradbury read the resolution. RESOLUTION BOND RESOLUTION DATED OCTOBER 14, 2003. A RESOLUTION AUTHORIZING THE ISSUANCE OF $350,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE CONSTRUCTION OF A NEW FIRE HOUSE IN AND FOR SAID VILLAGE. WHEREAS, by bond resolutions dated January 22, 2002 and June 25, 2002, the Board of Trustees of the Village of Rye Brook, Westchester County, New York, authorized the issuance of$3,100,000 serial bonds of said Village to pay the cost of the construction of a new fire house, in and for the Village of Rye Brook, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith; and WHEREAS, during such construction it was discovered that certain soil at the site is contaminated and must be removed and such contaminated soil remediated; and WHEREAS, it is estimated that the cost of such removal and remediation of such contaminated soil will cost $350,000 and it is now desired to authorize the issuance of $350,000 serial bonds of said Village of pay such costs and such additional costs of construction of such fire house; NOW, THEREFORE, BE IT RESOLVED, that the Village has authorized the following payments for the proper removal of the contaminated soil remediation: Etre Associates $296,259.17 Airtek Environmental Services $38,601.67 Stallone Testing&Labarotories,Inc. $5,994.88 AND BE IT FURTHER RESOLVED, by the Board of Trustees of the Village of Rye Brook,Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the construction of a new fire house in and for the Village of Rye Brook, Westchester County, New York, including the removal and remediation of contaminated soil and incidental Board of Trustees October 14, 2003 Page 8 of 21 expenses in connection therewith, there are hereby authorized to be issued an additional $350,000 serial bonds of said Village pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $3,450,000, and that the plan for the financing thereof is as follows: (a) by the issuance of the $250,000 serial bonds of said Village authorized to be issued pursuant to bond resolution dated January 22, 2003; and (b) by the issuance the additional $2,850,000 serial bonds of said Village authorized to be issued pursuant to bond resolution dated June 25, 2002; and (c) by the issuance of the additional $350,000 serial bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty (30) years, pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer,consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale,conduct the sale, and award the bonds in such manner as he or Board of Trustees October 14, 2003 Page 9 of 21 she shall deem best for the interests of said Village; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds,prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of the Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if 1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Board of Trustees October 14, 2003 Page 10 of 21 Section 11. This resolution,which takes effect immediately, shall be published in full in The Journal News,which is hereby designated by the Board of Trustees as the official newspaper for this purpose, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Trustee Rosenberg expressed his concerned about what was being done to re-coop the money from the person who caused the soil to be contaminated. Mr. Bradbury noted that the first venue was through insurance. He also noted that the Village has collected a lot of information, which would be submitted to a New York State agency for review. No speculation can be made as to how the soil was contaminated. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. AUTHORIZING THE HIRING OF A CONSULTANT TO PROVIDE FIRE TRAINING SERVICES TO THE VILLAGE OF RYE BROOK AND THE VILLAGE OF PORT CHESTER Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION AUTHORIZING THE HIRING OF A CONSULTANT TO PROVIDE FIRE TRAINING SERVICES TO THE VILLAGE OF RYE BROOK AND THE VILLAGE OF PORT CHESTER WHEREAS, the Village of Rye Brook has traditionally provided fire service training to its Firefighters through the Village of Port Chester and other neighboring fire departments; and Board of Trustees October 14, 2003 Page 11 of 21 WHEREAS, the Village of Rye Brook currently does not have its own authorized Fire Training Officer to provide fire training services to its Firefighters; and WHEREAS, the Village of Rye Brook and the Village of Port Chester has received proposals from outside consultants to provide fire training services to the paid career firefighters in both municipalities; and WHEREAS, the selected consultant would further develop, coordinate and provide such training for all paid career Firefighters, with the assistance of any Fire Training Officer designated by the Village of Port Chester, until such time that the consultant's services are no longer necessary; and WHEREAS, the Fire Advisory Board, with the agreement of the Port Chester Fire Chiefs, has recommended that the Villages of Port Chester and Rye Brook appoint Duncan MacRae to provide these fire training consulting services on a month-to-month basis. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby authorizes the appointment of Duncan MacRae to provide fire service training for the Rye Brook Firefighters, in accordance with the proposal dated May 13, 2003, at a total rate of$1,312.50 per month, to be split equally with the Village of Port Chester ($656.25 each per month), with no additional personnel costs being reimbursed to the Village of Port Chester; and be it further RESOLVED, that this service will be provided on a month-to-month basis beginning on the first of the month following approval by the Port Chester Village Board, and that these services may be terminated at any time by either municipality; and be it further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution. Trustee Santon asked for clarification. It was his belief that Port Chester offered training. He also asked whether the training would be done on regular time or during overtime. Mr. Bradbury noted that the responsibility with training the firefighters lies with Rye Brook, but stated that Rye Brook firefighters are included in any training with Port Chester. The Village will try to avoid training on over-time. Trustee Harris felt that a date should be set for expiration rather than having a passive continuation. He felt that placing a term, at which time the program would be evaluated, would be a better route. Board of Trustees October 14, 2003 Page 12 of 21 Trustee Goodman responded that this contract was on a month-to-month basis. In that way, if it doesn't work it could be cancelled. Trustee Harris made a motion to add a one year maturity date. Trustee Santon seconded the motion. The roll was called: TRUSTEE GOODMAN VOTING NO TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING NO TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING NO The motion did not pass. Mayor Filipowski asked that the roll be called on the resolution as read. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2) APPROVING SNOW AND ICE AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR 2005-06 SNOW SEASONS. Mr. Bradbury read the resolution. RESOLUTION APPROVING SNOW AND ICE AGREEMENT WITH NYS DOT FOR 2005-2006 SNOW SEASONS RESOLVED, that the Village of Rye Brook is authorized to enter into extensions of the indexed lump sum municipal snow and ice agreement (#DO 10799) with the State of New York, Department of Transportation until June 30, 2006 under which the Village of Rye Brook will receive payment up to $11,144.00 per year for snow and ice control on King Street and Westchester Avenue; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution. Board of Trustees October 14, 2003 Page 13 of 21 On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the resolution was adopted. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3) AUTHORIZING USE OF VILLAGE STREETS FOR THANKSGIVING DAY PARADE. Mr. Bradbury read the resolution. RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR THANKSGIVING PARADE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Friday, November 28, 2003 for the annual Thanksgiving Parade along the route described in the letter dated October 2, 2003 from Lauren McCarthy, Assistant Property Manager for Win Ridge Realty, L.L.C.; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees October 14, 2003 Page 14 of 21 4) APPROVAL OF MEETING MINUTES: July 14, 2003 (Special Meeting) On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the minutes were adopted subjected to minor corrections. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1. DISCUSSION: MODIFICATIONS TO CHAPTER 235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK Mr. Bradbury noted that the Tree Beautification Committee reviewed the Village's Tree Ordinance. They have referred a list of amendments to the Board. Trustee Santon noted that a joint meeting between the Tree Committee and the Board of Trustees took place early this year. He questioned how this new list compared to the existing Code, and how these changes would effect the existing Code. He noted that there were trees that were on the protected trees and for whatever reason certain species were designated as protected trees for Rye Brook. These trees do not necessarily have any significance at the State level in terms of being endangered trees. The concept of reviewing this matter was to amend this list since the trees on this list were not endangered. It was found that some of the trees on the list were not worth protecting. The fines for removing a tree on the protected list are very minimal, and these fines do not deter people from removing trees. Rye Brook is losing more trees then they are getting back. When a resident removes a tree they should be required to replace it, if not on their property, somewhere else within the Village. Trustee Santon noted that there was a $20.00 permit fee to remove a tree. Trustee Goodman felt that the revisions to the Code will make it a lot harder to go in and remove trees, or clear cut property. She felt that the Board should move ahead with this matter. Mr. Bradbury noted that there were several recommendations from the Tree Committee. He asked that the Board indicate whether or not this was the way that they wished to go. This law is much stricter than any other law within Board of Trustees October 14, 2003 Page 15 of 21 Westchester County. There is an administrative factor and a cost factor(outside consultants hired). Ms. Timpone-Mohamed, Village Consultant, noted that the Tree Committee went into this review with good intentions. It was trying to protect the forest cover that exists in the Village of Rye Brook. The intention was to try and protect the diversity. She felt that there should be a balance between protection of the trees and the homeowners' rights to develop their property. There are a lot of trees within a municipality and it is hard to do the policing that is necessary. Some of the issues that came up had to do with definitions. There should be a logical reason for the trees that are on the list to be on the list and, therefore, there needs to be an inventory of the trees within the Village. There is a difference between protecting an individual tree and protecting the forest. She offered to work with the Tree Committee to explain her comments. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that the revision before the Board is a step in the right direction. He felt that Ms. Timpone Mohamed should be included in further discussions regarding this matter. Mr. Carosi also felt that this matter should be moved forward. Mayor Filipowski felt that the Village should minimize the costs will reviewing this matter. Mr. Bradbury pointed out that the Tree Committee was going in the right direction, but it would be helpful to have Ms. Timpone Mohamed available for at least one of their meetings. Mr. Bradbury noted that the Tree Committee has been developing a list of trees that the Village would like to see more of. In this way replacement would be clear. Mr. Bradbury and Mr. Carosi stated that they would coordinate the meeting between the Tree Committee and Ms. Timpone Mohamed. 2. DISCUSSION: PROPOSED REVISIONS OF THE HOME OCCUPATIONS LOCAL LAW Mr. Beane stated that he felt that all of the problems having to do with Tier I Home Occupations had been addressed. A final version of this local law will be put together. Trustee Santon expressed his opinion that Tier I Home Occupations should not be intruded upon, but Tier II and Tier III, which have site plan approval and environmental impacts, should be reviewed. He noted that Tier II and Tier III uses are a privilege. In order to run a business from a property the person running the business should be the owner. In that way, the owner of a property has more of an interest in being neighborly. Trustee Santon also expressed concern that the Board of Trustees October 14, 2003 Page 16 of 21 existing situations within the Village that originally caused the review had not been addressed. The new law will not help these types of situations. He asked what could be done to provide relief to neighbors of the businesses within a residential district that have violations. He felt that the Violation and Penalty Section of the Village's Code needed more teeth. Mr. Beane was asked to review these concerns along with the enforcement section of the Code. Mr. Beane noted that the Board members have made several comments and requests for changes. These changes would eliminate some of the home occupations to the extent that they are being run by tenants and not the homeowners. Generally, this does not do anything to grandfather any of the Home Occupations that are causing the difficulties. He felt that it should be clearly stated that there should be only one home occupation, no matter how may owners there are. The intent is to try and preserve and protect the quality of life for all of the residents. He also suggested curfews for the morning and the evening. Mr. Beane felt that the grandfathering of these Home Occupations must be reviewed. Trustee Santon noted that two owners with two separate business would have a significant impact on a neighborhood. Pre-1996 there was no registration, and no restrictions regarding against tenants with home occupations. This new legislation, after a grace period, would eliminate the tenants from running a Home Occupation. Trustee Goodman agreed that one home occupation per home was a good idea, but she also felt that the Village should allow for a variance as every situation is different. She noted that she disagreed with the concept of only the owner being allowed to have a Home Occupation. She felt that it should be the owner and/or immediate family member. Mayor Filipowski asked Mr. Beane for a date by when this local law will be ready. This matter would be ready for the agenda of October 28th. 3. DISCUSSION: CONSIDERING THE PRESERVATION OF HARKNESS PARK AND A PASSIVE RECREATION USE DESIGNATION Trustee Santon stated that he put this matter on the agenda for discussion. He noted that there are a fair amount of mature trees on this parcel of land. Some of the trees are up to 39" in diameter. These trees are 80 to 100 year old trees. He felt that it would be appropriate to preserve what is left of Harkness Park and Board of Trustees October 14, 2003 Page 17 of 21 make it a passive recreation use. These trees provide screening, and natural beauty, and it would be nice to preserve what is left of Harkness Park. Trustee Goodman suggested that a Village-wide review be done in order to decide what should be persevered. 4. DISCUSSION: POTENTIAL LICENSING OF LANDSCAPING/TREE CARE VENDORS Trustee Santon noted that the Board discussed licensing landscaping vendors. Having a relationship with the landscaping vendors would enable the Village to educate them in regard to the Village's Code and regulations. This would be the start of a form of educating the source of the problems. Trustee Santon noted that the trees within the Village are cut down by vendors and, therefore, these vendors should be familiar with the Village's Code. He also felt that the licensing process would help the enforcement. Mayor Filipowski noted that the Village does not have significant staff to license all the vendors. He felt that the education, and enforcement, should be directed at the homeowners. Mayor Filipowski asked Mr. Beane to review how other municipalities handle this issue and report back to the Board. Mr. Bradbury stated that there are a few communities that have licensing. The main concern is with enforcement. The problem is that you must catch the landscapers in the act. He felt that the educating the public, and licensing for the proposes of making sure that the landscapers know the rules, was the better way to go. It was noted that the homeowners are the ones that are responsible. Mr. Carosi agreed that it would be difficult to keep track of who the homeowners have hired. It was also his feeling that it is the homeowners who must educate their professionals. Trustee Rosenberg pointed out that homeowners are issued summons when trash is left out, or put out on the wrong days. They pay fines for these types of errors. Mr. Beane responded that the fines were negligible, and the amount of money generated from these finds is very small. Mayor Filipowski suggested a Work Session concerning enforcement. Trustee Santon felt that a Work Session would be very helpful, however, he felt that the real problem was an education problem. Some residents don't understand, some don't care, and some don't know what their landscapers have done. The landscapers must be told not to blow the leaves into the storm drains, or to put Board of Trustees October 14, 2003 Page 18 of 21 green waste into plastic bags. He felt that both the landscapers and the homeowners needed to be educated. 5. DISCUSSION: UPDATING OF "RYE BROOK RECREATION STUDY" DATED JULY, 1987,AS PREPARED BY FREDERICK P. CLARK There are many changes within the Village that are not include in this study. It has been made clear that there are not enough field facilities and, therefore, the potential useful land in the Village's inventory must be reviewed. Trustee Rosenberg felt that this study should be done in conjunction with the Village's Vision Plan. Trustee Santon reminded the Board that the purpose of the Vision Plan was to provide a guideline. Now is the time to move forward and proactively plan the future of the Village. Mr. Bradbury suggested requesting Frederick P. Clark for an quote for the review. 6. DISCUSSION ON THE ESTABLISHMENT OF A VILLAGE BOARD FINANCE COMMITTEE Mayor Filipowski asked for input from the on this issue. Trustee Harris volunteered his time to review this matter and work on a sub-committee. Mr. Bradbury noted that other communities do have a sub-committee to assist the Village Board in setting up some of the policies, increasing fund balances, strategic planning, etc. Another option would be to utilize staff. Once the review is completed, a report could be sent to the Village Board. There are other areas that a finance sub-committee could work on, such as setting policy, and providing guidance to staff. This committee would not have to meet every month. Trustee Goodman suggested that the Village ask for volunteers within the community who are experts in this area. She also suggested hiring a consultant as she felt that an expert should be involved. Mr. Bradbury noted that the Village Staff are the experts. He also noted that an independent auditor reports to the Village Board. The sub-committee could meet with the auditor. Mr. Bradbury stated that he would distribute samples of policies in effect in other municipalities, and other information to the Board for its review. Board of Trustees October 14, 2003 Page 19 of 21 Mr. Bradbury briefly reviewed the items on the agenda for the October 28th meeting. They included a public hearing on Dr. Izzo's Special Permit application; re-setting a public hearing on the Hoffinan subdivision; resolution approving new labor contract with the Rye Brook Firefighters; resolution setting public hearing on wetlands law amendments„ resolution referring Blind Brook Country Club site plan application for a new maintenance facility to the Planning Board; approval of minutes; and the Administrator's report. Mr. Bradbury noted that other upcoming items included supporting the submission of the Legacy Grant; a goal-setting workshop to be held in November; the Nextel proposal for Village Hall; amendments to the sprinkler law; a presentation by the NYSDOT on cell pole towers with cameras on the Hutch; and regulations of utilities/right-of-way ordinances. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBIC Mayor Filipowski called for members of the public wishing to address the Board. No members of the public wished to address the Board. Mayor Filipowski asked for a motion for an Executive Session. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the Executive Session was scheduled for immediately after the Board meeting. 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 November 11th meeting date was changed be changed because the 11th is Veteran's Day. The meeting was now scheduled for November 12th. Board of Trustees October 14, 2003 Page 20 of 21 Mayor Filipowski reminded everyone that the next Trustee Meetings were scheduled for October 28, 2003 and November 12, 2003. There being no further business before the Board, the meeting was adjourned at 9:40 p.m. Board of Trustees October 14, 2003 Page 21 of 21