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HomeMy WebLinkAbout2003-03-25 - Board of Trustees Meeting Minutes REGULAR/SPECIAL MEETING VILLAGE OF RYE BROOK Board Of Trustees Meeting Village Hall, 938 King Street TUESDAY, MARCH 25, 2003 at 7:30 p.m. AGENDA PRESENTATION: LONG ISLAND SOUND WATERSHED INTERMUNICIPAL COUNCIL (LISWIC) PRESENTATION ON CREATING A STORM WATER MANAGEMENT UTILITY DISTRICT. PUBLIC HEARINGS: 1) CONSIDERING THE SUBDIVISION/WETLANDS PERMIT APPLICATION OF ELISABET CARLSON LOCATED AT 30 LINCOLN AVENUE 2) CONSIDERING THE LOT MERGER/SUBDIVISION APPLICATION OF SAMMARTINO/PIRRO LOCATED AT 225 BETSY BROWN ROAD RESOLUTIONS/DISCUSSION ITEMS: 1) CONSIDERING THE SUBDIVISION WETLANDS/PERMIT APPLICATION OF ELISABET CARLSON LOCATED AT 30 LINCOLN AVENUE 2) CONSIDERING THE LOT MERGER/SUBDIVISION APPLICATION OF SAMMARTINO/PIRRO LOCATED AT 225 BETSY BROWN ROAD 3) DISCUSSION ON THE REVIEW OF PROPOSED "SIX-YEAR CAPITAL IMPROVEMENT PLAN FOR 2003-2004 THROUGH 2008-2009" 4) DISCUSSION ON VARIOUS RYE BROOK ADVISORY COMMITTEE MATTERS 5) SETTING A PUBLIC HEARING DATE FOR 2003-2004 TENTATIVE BUDGET 6) CONSIDERING THE APPOINTMENT OF HIGHWAY LABORER 7) REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE CODE OF THE VILLAGE OF RYE BROOK Board of Trustee Meeting March 25,2003 Page 1 of 18 8) APPROVAL OF MEETING MINUTES: January 2, 2003 (Special Meeting) February 18, 2003 (Board of Assessment Review) February 18, 2003 (Special Meeting) ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Trustee Meetings: April 8, 2003 and April 22, 2003 PRESENT: Mayor Francis L. Filipowski (Excused at 8:27p.m.) Trustee Donald Degling Trustee Carol Goodman Trustee Robert Harris Trustee Dean P. Santon STAFF: Christopher J. Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator David Stolman, Village Planning Consultant Marilyn Timpone-Mohamed, Village Planning Consultant Mayor Filipowski welcomed everyone to the March 25, 2003 Board of Trustee Meeting. He noted that the meeting would begin with a presentation from the Long Island Sound Watershed Intermunicipal Council. Ms. Phyllis Wittner, Chair of LISWIC, was called up for the presentation. Ms. Wittner thanked the Board for the opportunity to make this presentation. She noted that LISWIC was formed in 1999. Initially there were 11 municipalities and now, with the addition or Rye Brook, there 12 municipalities working together as a watershed unit. Local governments are now being given the opportunity to approve water quality. The runoff from land is a more difficult problem to solve than sewage overflow. The Environmental Protection Agency (EPA) is now requiring mandatory compliance by every municipality, big or small, on the water or inland. Facilitating storm water management is not an easy one-shot cure-all problem. It requires ongoing attention. LISWIC is not proposing the creation of a storm water utility district Board of Trustee Meeting March 25,2003 Page 2 of 18 for the Southern Long Island Sound Watershed. There are numerous storm water utility districts across the United States. Four presentations have been made to municipalities and three have submitted their resolutions of support for the concept. The next step would be for LISWIC to go before State Legislators for approval of the law. She introduced Mr. Peter Korn, arbitrator and former Chairperson of LISWIC. Mr. Korn addressed the Board. He gave a brief presentation on what the Council is trying to do in the way of creating a storm water management district. He pointed out that we must do our municipal part to save the Long Island Sound. A slide presentation was made to the Board of Trustees consisting of five items. A booklet containing the information presented was given to the Board and members of the public. The five items reviewed were as follows: The EPA Phase II Regulations and their impact on us; current storm water management activities of the municipal governments; better ways to comply with the Phase II requirements; the district approach; and financing the district approach. The Phase II Regulations cover two basic areas. The first is the municipal storm sewer systems that convey water. And second, the systems owned and operated by the State Department of Transportation, local school districts, local sewer districts, hospitals, military bases, and prisons. The Federal standards will be administered in New York State by the Department of Environmental Conservation. The goal of the regulation is to protect, preserve and improve the Nation's water resources. The Long Island Sound is one of those resources that is supposed to be protected from polluted storm water runoff. Phase II will also regulate the operation of small construction activities that disturb equal to or greater than one acre and less than five acres of land. Mr. Korn noted that Best Management Practices are being filed. They are a schedule of activities, a prohibition of practices, maintenance procedures and management practices to prevent or reduce the pollution of the waters of the United States. This is the basic requirement that must be met. This has been handed down from the Federal government to the State government. We must have a public education and outreach process, a public participation and involvement process, we must handle elicit discharge through detection and elimination, we have to control the runoff at construction sites in our jurisdictions, and post-construction runoff control must be monitored and regulated. Retention basins, holding basins, and damning to capture water during heavy floods must be accomplished at the municipal levels. LISWIC believes that the existing storm system facilities that are currently in place, including storm sewers, catch basins, and especially detention areas, should be maintained through a regional funding program that recognizes the entire drainage basin. The pollution from upstream is captured downstream as it flows through municipalities. This type of regional system would be in everyone's best interest. We have a responsibility, together, to take care of the drainage basins. There can be a coordinated capital program that will ultimately save money that would avoid duplication of activities in municipalities and a better way of developing the capital assets. Mr. Korn pointed out that the reduction of contaminates flowing into the Long Island Sound helps all of the communities in the Sound Shore basin. This is reason why everyone should work together in an intermunicipal fashion, forming an intermunicipal function—the Regional District. Board of Trustee Meeting March 25,2003 Page 3 of 18 This District will accept the responsibility from the municipalities to undertake the activities that are required in Phase II — to regulate all of the residential and commercial development that requires a permitting system before any construction can be done by coming up with a comprehensive management and operation plan, a budget, and a capital program. The district will also develop and implement a source control program to improve water quality. Mr. Korn noted that input from the Village Board is welcomed. Each municipality located in the basin will be a member and each municipality will have at least one member. Westchester County is a major landowner and they will have a representative on the District Board. The District Board will have the authority to appoint necessary personnel, do the strategic planning, maintenance and operations. The District will be funded by service charges. The property owners in the areas will be billed. The District will also secure additional money through grants and loans. All District funds will be managed in accordance with general municipal law. An Equivalent Service Unit (EUS) will be established for all property owners. As an incentive, parcels having storm water improvements that have been designed, constructed and maintained to the Best Practice Management Standard will be entitled to a credit of the service charges levied against the parcel. It is not only the municipalities that are closest to the Sound that should assume the responsibility. All municipalities in the basin should participate in the Regional approach and have representation on the District Board. Mr. Korn turned to the Board for their comments and questions. Trustee Dean Santon noted that Rye Brook has a responsibility to the neighboring communities. There are two branches of the Blind Brook that travel through Rye Brook and feed into the Long Island Sound. He addressed the tax levy and questioned why it was necessary. Mr. Korn responded that the District feels that they are generating the funding in the most appropriate fashion for the function. It is being generated from those who created impervious surfaces on the land rather than from the tax levy or assessment from the municipalities. The municipalities would be obtaining funding from the regional agency. Trustee Robert Harris questioned if, for example, the Village installed a detention basin at the compost site if they would be owed a credit. Ms. Wittner noted that the project would need to be reviewed by the district. If it is a sensible project then the district would approve it for credit. Trustee Donald Degling noted that the proposed improvements in the Eastern Branch of the Blind Brook have been deemed to be necessary in Rye Brook because of flooding and silting problems. He questioned whether the proposed capital plan should be incorporated with that of the district. This project benefits the City of Rye, Harrison, Rye Neck and perhaps even the Town of Mamaroneck. Ms. Wittner felt that this would be a perfect project for the District. Mr. Christopher Bradbury noted that when the Board of Trustees decided to go ahead with the Eastern Blind Brook Branch Study several areas that needed improvement were identified. The regional approach is a great step forward. Board of Trustee Meeting March 25,2003 Page 4 of 18 Trustee Harris stated that now that the incentive to do these types of projects is much greater he was concerned that every municipality would want to do these types of projects just because of the incentives. Ms. Wittner noted that the district would prioritize the projects. Mr. Korn noted that the projects would be programmed into the capital plan and then spread out over a five or six year program. Mr. Bradbury suggested that the projects could be looked at as a countywide approach. There were no further questions and Ms. Wittner and Mr. Korn were thanked for their presentation. Deputy Mayor Donald Degling called for the first Public Hearing on the agenda. He declared the Public Hearing open. PUBLIC HEARINGS: 1) CONSIDERING THE SUBDIVISIONIWETLANDS PERMIT APPLICATION OF ELISABET CARLSON LOCATED AT 30 LINCOLN AVENUE Anthony Provenzano, Esq., representative for the applicant addressed the Board. He began by stating that this application was subject to the moratorium and has been granted a waiver. He noted that the application had appeared before the Planning Board and, with the assistance of the Village's Planning Consultant, a recommendation was made to the Board of Trustees with certain restrictions imposed. His client has agreed to the conditions. Mr. Provenzano noted that his client has proposed a subdivision on the rear property. This property will be sold to the neighbor. There are no building plans as part of this proposal. It is simply a land transfer. He offered to respond to any questions from the Board and members of the public. Junjie Xiong of 32 Lincoln Avenue addressed the Board regarding a fencing issue. He stated that the fence that was constructed is on his property. He asked that this fence be moved. Edward Beane, Esq. responded by stating that this is an issue between two property owners. The resolution could include the requirement that an accurate survey be completed and, if the fence is on the neighbor's property, it be moved. Mr. Provenzano noted that when Ms. Carlson purchased the property the fence was there, however, in reviewing the survey it is clear that the fence is on the neighbor's property. The applicant is willing to move the fence. Trustee Santon brought up several issues. He noted that Section 219-30D of the Village Code says that subdivided property must have access to the street based on the Village's Zoning Map. The second issue was the Deer Run Tree Preservation Easement. The third issue was he felt that the Board of Trustees should be informed of who the individual that would end up with the subdivided lot would be. Board of Trustee Meeting March 25,2003 Page 5 of 18 Mr. Provenzano noted that a condition of the subdivision approval could be that this property be transferred to the owner of the Deer Run property. The applicant would not have an objection to this type of condition. As for the issue regarding the easement, he has researched the matter and found that the parcel that the subdivision would be added to does not have an easement. All of the other properties have deed restrictions and references to the easement. No one was aware of this easement and there was no enforcement. He felt that it would be unfair to bootstrap this easement that should have been in place over 15 years ago. Mr. Provenzano directed Trustee Santon to Section 219-14, which was passed in 1988 as a modification. He felt that this Section should apply to this application. Mr. Beane noted that regardless of who owns this property, no one could build on it. This is a condition of the resolution. Mr. David Stolman agreed, noting that this subdivision does not create a building lot and to further enforce this a condition can be added to the resolution. Mr. Beane pointed out that this is just a lot line shift and the Deer Run problem cannot be solved with this lot. That is a separate matter. Deputy Mayor Degling called for additional comments from the Board and members of the public. There being none he asked for a motion to close the Public Hearing. Trustee Harris made a motion to close the Public Hearing. The motion was seconded by Trustee Santon. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT Deputy Mayor Degling changed the order of the agenda, with the approval of the Board, and called for item 91 under Resolutions. 1) CONSIDERING THE SUBDIVISIONIWETLANDS PERMIT APPLICATION OF ELISABET CARLSON LOCATED AT 30 LINCOLN AVENUE Mr. Bradbury read the following Resolution: RESOLUTION CONSIDERING THE SUBDIVISIONIWETLANDS PERMIT APPLICATION OF ELISABET CARLSON LOCATED AT 30 LINCOLN AVENUE Board of Trustee Meeting March 25,2003 Page 6 of 18 WHEREAS, the Village has received an application from Elisabet Carlson (the "Applicant") for subdivision of her parcel of land into two parcels, one of which is intended to be sold to the adjoining neighbor; and WHEREAS, the subject parcel is ±0.78 acres in size, is located on the west side of Lincoln Avenue approximately 1,150 feet north of the intersection of Lincoln Avenue and Deer Run, within the R-12 Residential Zoning District, in the Village of Rye Brook, and is shown as Tax Lot Section 1, Block 12, Lot 1B1-A-1B1 on the tax assessors maps; and WHEREAS, the Village of Rye Brook has adopted a moratorium on certain land use approvals (Local Law 5-2002) that prohibits the Village from considering an application for properties located on Lincoln Avenue unless a variance from the moratorium is obtained in accordance with Section 10 of the Law; and WHEREAS, The Village Board of Trustees granted a variance from the moratorium by resolution dated November 12, 2002; and WHEREAS, the subject property borders the Blind Brook and contains environmentally sensitive lands, including watercourses, wetlands, and steep slopes, which are subject to Chapter 245, Wetlands and Watercourses, of the Village Code; and WHEREAS, the application was referred to the Village Planning Board for review and opinion; and WHEREAS, by correspondence dated February 13, 2003, the Planning Board recommended approval of the application with conditions; and WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of the Project; and WHEREAS, on March 25, 2003 the Village Board held a public hearing on the application, at which time all persons interested were given an opportunity to be heard, 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 since the project will result in only minor physical changes to the site and visual impacts will be minimal; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees approves the subdivision and Wetland Permit application subject to the following conditions: 1. The portion of the Lot 1B1-A-1B1 to be subdivided and sold, be maintained as a naturalized landscape in keeping with the concept and intent of Chapter 245C of the Village Code, and shall not be built upon nor used to calculate the setback requirements Board of Trustee Meeting March 25,2003 Page 7 of 18 of the lot to which it is sold, conveyed or transferred as a result of the approval set forth in this resolution. 2. A covenant shall be attached to that portion of Lot 1 B 1-A-1 B 1 to be subdivided and sold regulating the use of pesticides and fertilizers, and prohibiting more than one mowing per year to maintain the naturalized meadow proposed. 3. The survey shall bear dimensions showing the distance between the pool filter and the proposed common lot line, and the filter should be within the side yard set back from the common lot line, that it be located to conform to the set back requirements of the Village Code. 4. A conservation easement or other restrictive covenant in a form satisfactory to the Village Attorney, consistent with the fifteen(15) foot restrictive covenants placed on the adjacent Deer Run Subdivision parcels shall be placed on the rear portion of Lot 1B1-A- IBI A- 1B1 to be subdivided and sold, which conservation easement or restrictive covenant shall be filed in the County of Westchester Division of Land Records. 5. All submitted plans shall be revised to show the Deer Run Tree Preservation Easement. 6. Signature blocks for the applicants, and, if different, the Sellers of the property, and the Purchaser(s) of the property shall be added to the survey map confirming that both the Sellers and Purchasers agree to the terms of this Subdivision Resolution. 7. The title of the survey shall be "Subdivision Map." 8. Pursuant to a voluntary agreement, the applicants shall move a fence currently located on the adjoining property to a location on the applicants' property. Mr. Beane read the additional whereas clause that was previously agreed to by the applicant regarding the fence issue. He also amended another whereas clause amending the use of this portion of property to calculate the setback requirements. The whole theory of conveyance of this lot was that it would never be built upon. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the resolution as amended was adopted. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT Board of Trustee Meeting March 25,2003 Page 8 of 18 Deputy Mayor Degling opened the Public Hearing on the Sammartino/Pirro Merger/Subdivision application. 2) CONSIDERING THE LOT MERGER/SUBDIVISION APPLICATION OF SAMMARTINO/PIRRO LOCATED AT 225 BETSY BROWN ROAD Lawrence Engle, Esq., legal counsel for the applicant, addressed the Board. Mr. Engle noted that this application is for the merger of two commonly owned lots. The adjacent two lots do not individually conform to the minimum lot size in this area. Merging these two lots will create a single, dimensionally conforming lot size. The merger of the two lots is their first step in this process. He noted that there is a watercourse that runs through the property. Any construction will have to conform with the wetland regulations. The lots are currently recognized as single lots on the Town's tax roll. The subject lots are not subject to the moratorium. This matter has been before the Planning Board and recommendation for approval has been forwarded to the Board of Trustees. Deputy Mayor Degling called for anyone wishing to speak in connection with the application, or in support or opposition. There being no comments, he called for a motion to close the Public Hearing. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the Public Hearing was closed. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT Deputy Mayor Degling asked that the Board allow the resolution on this application to be taken out of order. 2) CONSIDERING THE LOT MERGER/SUBDIVISION APPLICATION OF SAMMARTINO/PIRRO LOCATED AT 225 BETSY BROWN ROAD Mr. Bradbury read the following Resolution: RESOLUTION CONSIDERING THE LOT MERGER/SUBDIVISION APPLICATION OF SAMMARTINO/PIRRO LOCATED AT 225 BETSY BROWN ROAD WHEREAS, the Village has received an application from Arthur V. Sammartino and Denise Pirro (the "Applicants") for merger of two existing, adjacent, commonly- owned parcels of land into one parcel(the "Project"); and Board of Trustee Meeting March 25,2003 Page 9 of 18 WHEREAS, the subject parcels, together, are ±0.38 acres in size, located on the north side of Betsy Brown Road approximately 60 feet east of the intersection of Knollwood Drive, within the R-10 One-Family Residential zoning district, in the Village of Rye Brook, and are shown as Section 1, Block 6, Lots 25A.6 and 25A.7 on the tax assessors maps (the "Site" or "Subject Lots"); and WHEREAS, the Village of Rye Brook has adopted a moratorium on certain land use approvals (Local Law 5-2002) that does not apply to the Subject Lots in accordance with Section 3 of the Local Law; and WHEREAS, the subject application was referred to the Village Planning Board for review and opinion; and WHEREAS, by correspondence dated February 13, 2003, the Planning Board recommended approval of the application with conditions; and WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of the Project; and WHEREAS, on March 25, 2003 the Village Board held a public hearing on the application, at which time all persons interested were given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, 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 since the project will result in only minor physical changes to the site and visual impacts will be minimal; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees approves the lot merger/subdivision application, subject to the following conditions: 1. Tax Assessment Map designations for the lots in question, ownership of adjacent lots, and signature blocks for owners, shall be added to the survey. 2. The applicants shall apply for a permit to perform regulated activities in a wetland. Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Filipowski Absent Board of Trustee Meeting March 25,2003 Page 10 of 18 As there was no discussion on this matter, Deputy Mayor Degling asked for a motion. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the resolution was adopted. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT Deputy Mayor Degling returned to the order of the agenda and called for item 93 under Resolutions: 3) DISCUSSION ON THE REVIEW OF PROPOSED "SIX-YEAR CAPITAL IMPROVEMENT PLAN FOR 2003-2004 THROUGH 2008-2009" Mr. Bradbury provided an update. He noted that the Village has prepared a six year capital plan, which has been posted on the Village's website. This is a plan and not a budget. The purpose of this plan is to spark a dialogue. It tries to identify all infrastructure needs. Total expenditures over six years will be approximately $9M. He noted that the current year's projects include street resurfacing, new parking area at the Pine Ridge Ballfield, the highway garage study, a study of the Eastern Branch of the Blind Brook and the Bonwit sanitary sewage review. Trustee Dean Santon felt that the public should be aware of this Capital Plan and the full report should be posted on the website. What is currently on the website does not describe the details of each project. He noted that $600,000 worth of improvements have been identified in the Eastern Branch Blind Brook, however, the Hidden Falls Pond is not included in this plan. He hoped that the Village intended on applying for grant money for this project. The parking at Pine Ridge Park is included in the Capital Plan, as is the allocation of money to study the highway garage project. He felt that the Capital Plan was a very useful tool. Deputy Mayor Degling reiterated that this is the Capital Plan and asked that Trustee Santon keep his comments on the matter before the Board. Trustee Santon responded to Deputy Mayor Degling telling him that he should not be interrupted. He instructed the Deputy Mayor that he should be allowed to finish his comments as he felt that they were relevant. Trustee Santon continued by stating that the Village has exceeded the budget for recreation projects. He temporarily yielded his comments and allowed Deputy Mayor Degling to continue. He stated that the tentative budget will be discussed at a series of work sessions and will be discussed in detail at that time. A meeting was held early on March 25th and as a result a footnote will be added to the Capital Plan regarding the Hidden Falls issue. Board of Trustee Meeting March 25,2003 Page 11 of 18 Trustee Harris agreed that the Board will be discussing these matters in greater detail during the work sessions and it would be redundant to continue to review them. Mr. Bradbury noted that it makes sense for the Village to modify this document to include Hidden Falls. The Village still needs to identify the funding sources. He noted that the ball field matter has been reviewed and is now going in a different direction. Trustee Santon stated that the reason he brought up these matters is that budget work sessions are not seen by the public. Although they are open to the public, they are not videotaped and shown on the cable channel. Because of this he felt that it was a good opportunity to discuss the projects so that the public is notified of these matters. The Board needs to evaluate more projects than just recreation projects. He felt that since the Village does not have endless resources they should reconsider some of these projects. This is a wish list and everyone should be made aware that the funds are not there for all of the projects. He asked that these work sessions be televised so that residents could see how the Board intends to spend their money. He felt that the Board was trying to conceal these matters from the public who can't make it to Village Hall. Deputy Mayor Degling moved on to the next item on the agenda: 4) DISCUSSION ON VARIOUS RYE BROOK ADVISORY COMMITTEE MATTERS Trustee Santon felt that it was time to get back to having members of the Board act as liaisons to all Village committees. Although periodically some of the chairs of various committees come to the Board meetings to make presentations, other committees are not represented at all. Trustee Goodman suggested that every committee be invited to attend a Board of Trustee meeting once a month to give a brief update of projects that they are working on. The consensus of the Board was that this was an excellent idea. Mr. Bradbury would research the matter. 5) SETTING A PUBLIC HEARING DATE FOR 2003-2004 TENTATIVE BUDGET Mr. Bradbury read the following resolution: Board of Trustee Meeting March 25,2003 Page 12 of 18 RESOLUTION SETTING PUBLIC HEARING DATE FOR 2003-2004 TENTATIVE BUDGET RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 8, 2003 at 7:30 p.m. at the Village Hall located at 938 King Street, Rye Brook, New York to consider the proposed 2003-2004 Tentative Budget for the Village of Rye Brook. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the Public Hearing was scheduled. A discussion regarding possible dates for the budget work session was held. Trustee Santon asked that these sessions be cablecast. Deputy Mayor Degling noted that there was a motion that needed to be acted upon before the Board. The first step was to set the Public Hearing. He asked Ms. DiSalvo to call the roll: TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT Deputy Mayor Degling asked the Board to comment on the suggested work sessions. The meetings were set for Monday, March 31St; Tuesday, April 1St; and Wednesday, April 2nd The final hearing will be set for April 8th. Trustee Santon made a motion that all of the work sessions be cablecast for the benefit of the residents. Trustee Goodman seconded the motion for purpose of discussion. Although she had no problem with cable casting the meetings, she noted that the work sessions are held as informal meetings which makes it difficult to be heard without microphones. Trustee Harris agreed that the informal nature of the work sessions was a much better venue. There is so much to cover in such a limited amount of time and these meetings must be moved along. He felt that notifying the public that they were open meetings was a much better idea. Trustee Santon felt that residents tend to not attend work sessions. Board of Trustee Meeting March 25,2003 Page 13 of 18 TRUSTEE DEGLING VOTING NAY TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING NAY TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT The motion did not pass. 6) CONSIDERING THE APPOINTMENT OF HIGHWAY LABORER Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF HIGHWAY LABORER RESOLVED, that Carlos A. Laboy, of 5 Laurel Street(Apt C-1), Rye,New York 10580 is hereby appointed to the position of Highway Laborer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and it be FURTHER RESOLVED, that the annual salary for the position is $33,120 with an effective start date of April 1, 2003, and a probationary period of 26 (twenty-six) weeks. Mr. Bradbury noted that Carlos is currently in the Parks Department and is transferring from the Parks Department to the Public Works Department. There is still one vacancy in the Public Works Department that will be filled in the near future. Trustee Santon asked for clarification of which position was being filled. Mr. Bradbury stated that this is the position that was budgeted last June. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution was adopted. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT Board of Trustee Meeting March 25,2003 Page 14 of 18 7) REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE CODE OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the following resolution: RESOLUTION REFERRAL TO THE PLANNING BOARD ON A LOCAL LAW TO CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL, OF THE CODE OF THE VILLAGE OF RYE BROOK WHEREAS, the Board of Trustees is considering a local law to create Chapter 118, Erosion and Sediment Control, of the Code of the Village of Rye Brook; and WHEREAS, the proposed local law draft is attached to this resolution; NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye brook hereby refers the proposed draft local law, as attached hereto, to the Planning Board for review and comment. Deputy Mayor Degling asked for several corrections to the proposed local law that he felt would benefit the Planning Board. These changes were noted and would be presented to the Planning Board for their review. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution as amended was adopted. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT 8) APPROVAL OF MEETING MINUTES: January 2, 2003 (Special Meeting) February 18, 2003 (Board of Assessment Review) February 18, 2003 (Special Meeting) Board of Trustee Meeting March 25,2003 Page 15 of 18 Trustee Santon noted that the minutes from the February 18th should be adjourned until the April 81h meeting because there was not a quorum. He stated that he and Trustee Harris were not in attendance at the meeting. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the minutes of January 2, 2003 were approved. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI ABSENT ADMINISTRATOR'S REPORT Mr. Bradbury addressed the Board to provide an update of current projects within the Village. He noted that the firehouse bids have been opened. This matter should be before the Board at the April 14th meeting. A second contract which was also out to bid is the Sanitation contract. These bids should be in by April 3rd. The County indicated that the North Ridge Street paving was going to go down to Westchester Avenue. The Village has now been advised that paving will stop at Ridge Boulevard. Legislator Rogowsky has been contacted and will be assisting the Village in having the County go back to the original plan of paving all the way to Westchester Avenue. Mr. Bradbury announced that there would be an Airport Meeting held on March 26th at 7:30 p.m. regarding the De-Icing project at Westchester County Airport Terminal. He noted that the Salt Shed is now in operation. Also noted was that the moratorium has been extended to July 8, 2003. Mr. Bradbury reminded the Board that the Tentative Budget and Capital Plan are both on the Village's website. Trustee Santon addressed the De-Icing meeting. He felt that this meeting should be very well publicized so that everyone will be aware of the meeting. He also asked that the entire budget be put on the website. Mr. Bradbury will be addressing these matters. Trustee Santon asked where the referrals from the three committees were regarding parkland on Lincoln Avenue. Mr. Bradbury noted that although the deadline has past, the Recreation Council had this matter on their next agenda. Deputy Mayor Degling asked if there were any members of the public wishing to address the Board on any matters. Board of Trustee Meeting March 25,2003 Page 16 of 18 Mr. Ted Moshow, a resident of 2 Wilton Road, addressed the Board. He asked for clarification regarding what was transpiring at Crawford Park regarding work being done by the Town of Rye. He noted that three meetings were held at the Town of Rye regarding the soccer field. Mr. Moshow, like his neighbors, is against the placement of the soccer field. In broader terms, he was against the field because of the changes that could be expected at the park and the effect they would have on his quality of life. He felt that the neighbors' feelings toward this field have been ignored. He noted that he sent a letter to the neighboring homeowners to gather information of what this field meant to the Village. He stated that it was his opinion that the Town needed to deal with SEQRA and the process. Things need to be slowed down in order to develop a master plan for the park. Mr. Moshow presented the Board with a petition containing 75 signatures objecting to the ball field being constructed at the park. At this time the Town is willing to compromise and has installed a temporary field. There are serious questions regarding parking that needs to be resolved before the project continues. Parking is an important issue because of security. He noted that there is a limited amount of parking spaces on Wilton Road. Having this parking utilized for the park means that the homeowners on that street are inconvenienced. He suggested setting restrictions on the parking. In addition, he noted that currently the police are called because of cars parked within the park. The more well known the park becomes, the more issues will arise. He felt that a full EIS should be submitted for this project. This park deserves to be protected and kept clean. He noted that another issue is garbage being left behind at the park. It was noted that this project would impact the quality of life of the residents surrounding the park. The neighbors are asking to not be ignored during this process. Deputy Mayor Degling noted that the issue of parking is being addressed. The Board shares the same concerns as the residents. The Town, two school districts, the Village of Rye Brook and the Village of Port Chester all feel a need for additional soccer fields. The matter of parking and security has been discussed with the Police Chief and Mr. Robert Morabito. Trustee Harris noted that a very respectful e-mail went out to the soccer community. The e-mail came from Ken Finder discussing parking on Wilton and Jennifer Lane. With regard to the garbage issue, people who use the park must be respectful and responsible. Also discussed in the e-mail was noise control. Mr. Bradbury noted that the Town of Rye must comply with the Village or Rye Brook's Zoning Code. Trustee Santon felt that if the Village of Rye Brook had built the soccer field that they originally intended there would be no need for the field at Crawford Park. He felt that the Board of Trustees should be more proactive. He pointed out that Rye Brook does not have one single soccer field and it would be a service to Village residents if the Village constructed a field. Mr. Richard Guttner, of Mohegan Lane, addressed the Board. He questioned whether there was sufficient funds in the budget for parking to be constructed at Pine Ridge Park. He also expressed concern of removing parkland to construct the parking area. He stated that the off- street parking has grown and adding a ball field will also limit the parking. Mr. Bradbury noted that when the ball field was proposed, additional parking was also proposed. Trustee Goodman suggested a work session be held to discuss the matter of parking. Mr. Bradbury agreed. The Board of Trustee Meeting March 25,2003 Page 17 of 18 funding will be discussed at the Public Hearing and members of the public will be given the opportunity to address this matter. Trustee Santon asked that the details of this project be placed on the website. He noted that there were two scenarios. The first was a parking lot within the confines of the park. The second concept would be widening Latonia Road by 12' to allow for parallel parking. Diagonal parking was also discussed. Trustee Goodman noted that the Board is open to reviewing any other concepts. Deputy Mayor Degling noted that the Board needed an executive session to be scheduled after the meeting. On a motion made by Trustee Harris, and seconded by Trustee Goodman, an executive session was scheduled on litigation, personnel and real property. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI ABSENT There being no further business before the Board, the meeting was adjourned. Board of Trustee Meeting March 25,2003 Page 18 of 18