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HomeMy WebLinkAbout2003-01-28 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 28, 2003-7:00 P.M. AGENDA 7:00 P.M.-MAYOR'S STATE OF THE VILLAGE ADDRESS PUBLIC HEARINGS 1. CONSIDERING CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM FOR SITE PLAN APPROVAL TO MAKE CERTAIN IMPROVEMENTS LOCATED IN THE PUBLIC RIGHT OF WAY ON LINCOLN AVENUE AND SUNSET DRIVE. RESOLUTIONS I. CONSIDERING CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM FOR SITE PLAN APPROVAL TO MAKE CERTAIN IMPROVEMENTS LOCATED IN THE PUBLIC RIGHT OF WAY ON LINCOLN AVENUE AND SUNSET DRIVE. 2. REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE WITH REGARD TO INCORPORATING HEALTH, SAFETY, AND GENERAL WELFARE PROVISIONS FOR PREEXISTING NON-CONFORMING HOME OCCUPATIONS. 3. REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND THE VILLAGE CODE WITH REGARD TO STEEP SLOPES. 4. APPROVING INCREASE IN RECREATION DAY CAMP FEES. 5. SETTING DATE FOR A PUBLIC HEARING TO AMEND CHAPTER 91 OF THE VILLAGE CODE WITH REGARD TO EFFECTIVE DATES FOR THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE. 6. CONSIDERING THE APPOINTMENT OF ELECTION INSPECTORS FOR THE 2003 ELECTION. Board of Trustees Meeting January 28,2003 Page 1 of 16 7. APPROVAL OF MEETING MINUTES: November 12, 2002 November 26, 2002 December 10, 2002 Mayor Filipowski gave the Mayor's State of the Village address at 7:00 p.m., prior to January 28, 2003 Board of Trustee meeting. He covered a wide range of topics throughout the Village, updating residents on current projects and upcoming events. The most notable announcement was the withdrawal of Westchester County's Deicing Facility that was proposed for Westchester County Airport. Also noteworthy was work that the Village's staff is doing on roadwork and the progress of the firehouse. Mayor Filipowski reviewed all of the Village's successes for 2002. CONVENE Mayor Filipowski called the meeting to order at 7:30 p.m., by asking everyone to join him in the Pledge of Allegiance. 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 Victor Carosi, Village Engineer Robert Santoro, Police Chief Marilyn Timpone-Mohamed, Planning Consultant Fred Seifert, Public Access Coordinator David Stolman, Planning Consultant Paula Patafio, Meeting Secretary Mayor Filipowski called for the first item on the agenda: PUBLIC HEARINGS 1. CONSIDERING CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM FOR SITE PLAN APPROVAL TO MAKE CERTAIN IMPROVEMENTS LOCATED IN THE PUBLIC RIGHT OF WAY ON LINCOLN AVENUE AND SUNSET DRIVE. Board of Trustees Meeting January 28,2003 Page 2 of 16 Mayor Filipowski noted that this was a continuation of a public hearing from a prior meeting. Mr. Bradbury stated that this was the public hearing on the granting of the variance from the Moratorium. He noted that a second public hearing would be set for the actual application. The project is an underground regulator station that is being proposed for the benefit of the residents. The applicant was called upon for a brief presentation. Mr. Arthur Ng, Project Specialist, Gas Engineering for Con Edison, addressed the Board. He stated that the applicant was willing to work with the Village on the installation of this gas regulator station, which will offer relief to the residents in the area. He pointed out that this application was made in response to complaints from the neighboring residents. The problems in this area originally surfaced in January of 2000. Con Edison researched the matter and found that this station would resolve the problems of the area. The station will be constructed below ground level, and the only structure above ground will be the gauge pump. The electrical connection is shown on the plans, and there is conduit from the pole, which will run underground. This regulator acts like a transformer, cutting down the gas flow to a manageable level. Mr. Ng provided the Board with a map of the area, indicating the locations of other regulator stations, as well as the location of the proposed station. Mr. Ng stated that research has shown that this would be the ideal location for this station. It would offer the residents the relief that they need. Trustee Robert Harris expressed concern about malfunctions in the regulator station. He asked how Con Edison would protect the residents from any malfunctions. He pointed out that water regulators work on the same basis — deferring water from high-pressure areas to low-pressure areas. Having seen these types of stations malfunction, spraying water into the air, brings forward his concern for this gas regulator station. Mr. Ng noted that the regulator station has a safety valve built-in, which is required by the Public Safety Commission. In addition, Con Edison has a long record of safety in connection with these types of stations. Trustee Santon questioned whether or not this application met the requirements for a variance from the Moratorium. He referred to Section 10 of the Moratorium Law and the standards listed. He felt that the applicant has simply listed the need and the function for this station, versus the reason for seeking relief from the Moratorium Law. Edward Beane, Esq., Village Counsel, responded to Trustee Santon's questions. He noted that this application is very unique. There is no other property owned by Con Edison, or anyone else, that one would want to install a regulator station on. The undue hardship is to the residents that are served by Con Edison. No precedent will be set. Mr. Bradbury noted that the impact would be less pressure to residents in the area. Board of Trustees Meeting January 28,2003 Page 3 of 16 Mr. Ken Heller of Lincoln Avenue addressed the Board. He questioned whether or not there was a problem with leaks in that area. Mr. Ng responded that he was not aware of any problems. There being no further comments or questions, Mayor Filipowski asked for a motion to close the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Degling, the Public Hearing was closed. TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the first item under resolutions: RESOLUTIONS 1. CONSIDERING CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM FOR SITE PLAN APPROVAL TO MAKE CERTAIN IMPROVEMENTS LOCATED IN THE PUBLIC RIGHT OF WAY ON LINCOLN AVENUE AND SUNSET DRIVE. Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION GRANTING A VARIANCE FROM THE MORATORIUM AND SETTING A PUBLIC HEARING DATE IN CONSIDERING THE CON EDISON APPLICATION WHEREAS, the Village has received an application from Con Edison (the "Applicant") for Site Plan approval for the installation of an underground gas regulator station and landscaping at the site; and WHEREAS, the subject site is ±500 square feet in size (project area is located within the public right-of-way), is located on the west side of Lincoln Avenue approximately 50 feet south of the intersection of Lincoln Avenue and Sunset Drive, within the R-12 Residential Zoning District, in the Village of Rye Brook; and Board of Trustees Meeting January 28,2003 Page 4 of 16 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 has reviewed the information submitted by the applicant in connection with the application, including a Short Environmental Assessment Form(EAF), and the following plans: 1. "Landscaping Plan,"prepared by Con Edison; 2. "Installation of 2 Stage Reg.," last dated 6/12/02, prepared by Con Edison; and WHEREAS, the proposed development will not result in any significant environmental impacts since only a small portion of the proposed facility (a four square-foot test gauge which will be located approximately five feet above grade) will be located above grade and will be screened with five evergreen trees, and other impacts will be adequately mitigated through the implementation of erosion and sediment controls; and WHEREAS, the application was referred to the Village Planning Board by the Village Board of Trustees on October 8, 2002 and the Village Planning Board recommended granting the variance, by resolution dated October 10, 2002; and WHEREAS, the Village Planning Board also included in its resolution comments regarding the proposed site plan; and WHEREAS, the Village Planning Board is familiar with the Site and all aspects of the Project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby grants the requested variance from the moratorium because the property does not contain environmentally sensitive lands and will not have any significant aesthetic impacts on the area; and be it further RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a Public Hearing on Tuesday, February 11, 2003 at 7:30 pm at the Village Offices located at 938 King Street, Rye Brook, New York on the subject application; and be it further RESOLVED, that the Clerk shall publish a notice of public hearing as required by law; and be it further RESOLVED, that the Applicant shall notify owners of all property within a radius of 250 feet (measured from the edge of the work area) of the application Board of Trustees Meeting January 28,2003 Page 5 of 16 and the public hearing. The notice must be mailed by certified mail, return receipt requested, between 15 and 10 days prior to the public hearing. Proof of service along with the certified mail receipts and any return receipts received as of that date must be presented to the Village Building Department by Thursday, February 6, 2003. Ms. DiSalvo called the roll: TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski asked what the Village could do to require the installation of landscaping/screening around utility fixtures such as this proposed regulator station. Mr. Beane responded that the Village could work with the applicant on this project. Each situation needs to be looked at on a case-by-case basis. 2. REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE WITH REGARD TO INCORPORATING HEALTH, SAFETY, AND GENERAL WELFARE PROVISIONS FOR PREEXISTING NON-CONFORMING HOME OCCUPATIONS. Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE WITH REGARD TO NONCONFORMING HOME OCCUPATIONS WHEREAS, the Board of Trustees is considering a Local Law to amend Chapter 250 of the Village Code to incorporate Health, Safety and General Welfare provisions for preexisting nonconforming home occupations; and Board of Trustees Meeting January 28,2003 Page 6 of 16 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 underline; NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the attached local law to the Planning Board of the Village of Rye Brook and the Westchester County Department of Planning for review and comment; and BE IT FURTHER RESOLVED, that in reviewing the attached local law, the Village Attorney and Planning Board members should consider establishing a home occupation permit, to be renewed annually, for all pre-existing Tier II and Tier III home occupations, stating that they are in compliance with all applicable sections of this local law. Mayor Filipowski asked at the time an application is approved if a time period could be set for a review process where the applicant would have to file for the equivalent of an inspection. This way the Village could keep track of what was going on with the home occupation uses. Mr. Beane stated that what can be done is to add a provision in the resolution that will allow the Village periodically to ensure that the use has not changed in any way. An inspection would disclose expansion. There have been recurring issues with various home occupations that have recently been brought to the Building Department's attention. A baseline must be established. Trustee Santon agreed that a baseline must be set. It would be ideal to have an annual renewal and to set a uniform date for these inspections. Legislation needs to be added that will require all home occupation users to voluntarily register. Mr. Bradbury noted that Tier II and III Home Occupations must apply yearly. The Board can request that the pre-existing home occupations be included. Trustee Santon felt that this was an excellent idea because there have been situations where Special Use Permits have been issued and the applicant does not comply with the restrictions placed at the time of approval. Mr. Bradbury noted that the resolution currently before the Board was to make a referral to the Planning Board. The Planning Board will review this matter and then submit their recommendations to the Board of Trustees. Mayor Filipowski asked that this request be included in the referral to the Planning Board. Trustee Degling felt that a minor change to the resolution would cover the suggestion of annual renewals/inspections. He referred to Section 250-38 2(b) and asked that the wording, "may be renewed annually" be changed to "shall be renewed annually." At that time an applicant must prove that they have not violated the provisions of approval. Board of Trustees Meeting January 28,2003 Page 7 of 16 Trustee Harris suggested that considering the current staffing situation perhaps an 18-month renewal versus an annual renewal would make more sense. Mr. Bradbury stated that this new Local Law would put the onus on the applicant. Ms. DiSalvo called the roll: TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND THE VILLAGE CODE WITH REGARD TO STEEP SLOPES. Mr. Bradbury read the Resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the Resolution was approved. RESOLUTION REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND THE VILLAGE CODE TO CREATE CHAPTER 213, STEEP SLOPE PROTECTION WHEREAS, the Board of Trustees is considering a local law to amend the Code of the Village of Rye Brook to create Chapter 213, Steep Slope Protection; 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 proposed text amendments, as attached hereto, to the Planning Board for review and comment. TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting January 28,2003 Page 8 of 16 Trustee Degling felt that that idea of adding steep slope protection to the Village's Code was excellent idea. He asked that the Village also consider a conservation easement law to be incorporated into the Local Law. This would be an excellent way to protect green space, and give the landowner a break on taxes in return for an easement. He also felt that the Environmental Committee should have input and suggested that this Local Law be referred to the Environmental Committee for its review. Mayor Filipowski asked counsel to review the amount of fines for violating this proposed law. Mr. Beane noted that once the Planning Board renders its recommendation the fines can be added into the Local Law. This matter will be reviewed at a public hearing. 4. APPROVING INCREASE IN RECREATION DAY CAMP FEES. Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO INCREASE THEIR DAY CAMP FEES WHEREAS, the Parks and Recreation department is requesting an increase of$70.00 to the Day Camp Fee schedule to offset additional expenses, NOW, THEREFORE, BE IT RESOLVED, that the Day Camp Fee schedule for the summer of 2003 will be as follows: I" Child-Resident $540.00 Additional Child-Resident $365.00 After May 1 st-Resident $600.00 Additional Child-Resident $365.00 2 week Resident $355.00 2 week-Add Child-Resident $240.00 Non Resident- 2 Week $405.00 Non Resident- 6 Week $765.00 Board of Trustees Meeting January 28,2003 Page 9 of 16 BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Parks and Recreation Superintendent to increase the Day Camp Fees by $70.00 as listed above. TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. SETTING DATE FOR A PUBLIC HEARING TO AMEND CHAPTER 91 OF THE VILLAGE CODE WITH REGARD TO EFFECTIVE DATES FOR THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE. Mr. Bradbury read the resolution. On a motion made by Trustee Goodman and seconded by Degling, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND THE UNIFORM FIRE PREVENTION AND BUILDING CODE WHEREAS, on March 6, 2002, the NYS Fire Prevention and Building Code Council formally adopted new provisions for the Uniform Code; and WHEREAS, Sections 91-3 and 91-5 of the Village Code need to be amended to eliminate the specific reference to January 1, 1984 as the effective date of the Uniform Code, and WHEREAS, an amended Local Law has been prepared to eliminate the effective date of the Uniform Code, NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on February 11, 2003 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider amending Chapter 91 of the Code of the Village of Rye Brook with regard to effective dates for the New York State Uniform Fire and Prevention Building Code. Board of Trustees Meeting January 28,2003 Page 10 of 16 TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. CONSIDERING THE APPOINTMENT OF ELECTION INSPECTORS FOR THE 2003 ELECTION Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Degling, the resolution was adopted. RESOLUTION INSPECTORS OF ELECTION VILLAGE OF RYE BROOK-MARCH 18, 2003 RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be two (2) inspectors of Election for each Election District in the Village Election to be held on Tuesday, March 18, 2003 from 7:00 a.m. to 9:00 p.m.; and be it FURTHER RESOLVED, that the following Chairpersons, Inspectors of Election and Alternate Inspectors be hereby appointed: District Inspector Address Location 920 Jean Mendicino, Chair 81 Hillcrest Avenue PCMS 920 Estelle Cohen 50 North Ridge Street PCMS 921 Marie D'Ambrosio, Chair 56 Avon Circle, Apt. D PCMS 921 Betty Sabourin 6 Lincoln Avenue PCMS 921 Betty Greto 3 West Street PCMS 922 Marie Capoci, Chair 20 '/2 Lincoln Avenue BBHS 922 Maria Silvestri 94 Avon Circle, Apt 2D BBHS 922 Irving Starr 9A Bowman Avenue BBHS 923 Eugene Reich, Chair 11 Winthrop Drive RSS 923 Joseph DelBianco 304 Tompkins Ave RSS Mamaroneck,NY 923 Mort Sobel 116 North Chatsworth Ave. RSS Larchmont, NY Board of Trustees Meeting January 28,2003 Page 11 of 16 District Inspector Address Location 926 Mildred DiSanto, Chair 151 North Ridge Street PCHS 926 Josephine Aulenti 127 North Ridge Street PCHS 926 Sonia Briganti 54 North Ridge Street PCHS 927 Marion Aicher, Chair 17 Rock Ridge Drive RSS 927 Marion Stephens 95 Avon Circle, Apt. 2D RSS 927 Rita Bergman 387 North Ridge Street RSS 929 Judy Uhry, Chair 19 Rock Ridge Drive RSS 929 Mary Summa 50 North Ridge Street RSS 930 Linda Fricke, Chair 108 Old Orchard Road BBHS 930 Mindy Aronowitz 1636 Mamaroneck Ave. BBHS Mamaroneck,NY 930 Naomi Starr 9A Bowman Avenue BBHS 931 Maria Varbaro, Chair 10 Paddock Road RSS 931 William Lyons 6 Maywood Avenue RSS 931 Allen J. Stolz 61 Doral Greens Dr. West RSS ALTERNATES Rose Vecchiolla 55 Avon Circle John Flanagan, Sr. 70 Betsy Brown Road Lillian Santarsiero 23 Heirloom Lane Mary Ellen Stephens 95A Avon Circle John Budries 492 Franklin Street Ms. DiSalvo called the roll: TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting January 28,2003 Page 12 of 16 7. APPROVAL OF MEETING MINUTES: November 12, 2002 November 26, 2002 December 10, 2002 Trustee Santon noted that he has made minor corrections to the November 12th and 26th minutes. Trustee Harris asked that December 10th be held to the next meeting so that he could review the summary. Mayor Filipowski asked for a motion to accept the November 12th and November 26th summaries. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the summaries were accepted as amended. TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury was asked to give the Administrator's report. He began by noting that he had spoken with Mr. Dolph Rotfeld, Consultant, regarding Red Roof Farm matters. Mr. Rotfeld had informed him that a report on this matter would be completed by mid-March. Mr. Bradbury noted that he had spoken with the County representative regarding the RFP, which was scheduled to be completed in a few weeks. This report will contain long-term solutions regarding the King Street interchange of the Hutch and Merritt. Trustee Degling commented that the Village had requested help from the County and State on the RFP. He asked if there was any response. Mr. Bradbury stated that although letters have been sent out, to-date no response had been received. Mayor Filipowski suggested contacting Senator Oppenheimer for assistance. Mr. Bradbury reminded everyone that Tax Grievance Day is February 181h. On the same evening the Board will hold a Work Session on capital improvements. Mayor Filipowski asked if the Board could deal with the Tax Assessor and the role within the Town and Village. Mr. Bradbury stated that it would be a good idea for the Board to discuss whether or not they would like to consider the elimination of a separate Village tax roll. Mr. Bradbury noted that Village staff has worked very hard on a sanitation schedule. This scheduled was sent to all residents with the recent newsletter and is also available on the Village's website at www.KyeBrook.org Board of Trustees Meeting January 28,2003 Page 13 of 16 Trustee Santon brought up topics that were currently pending and asked for updates. He noted that the firm of J.A. Kirby was hired seven months ago in June 2002 to perform a survey of Rich Manor Park, which has not yet been completed. Mr. Bradbury agreed that this survey was overdue and stated that he would follow up on this matter. Trustee Santon asked for an update with regard to the status of the salt shed. He noted that he was concerned about the potential contamination of the ground water. Mr. Bradbury noted that work is being done on the salt shed. The Village is waiting the use of a bucket truck, which should be available within the next two weeks to complete the work on the shed. Trustee Santon noted that on June 25, 2002, the Board passed a resolution authorizing the Village Attorney to file the necessary documents for the dedication of three acres of Village property as parkland, which land is adjacent to Bellefair. He noted that one additional acre was previously dedicated as parkland. He asked for a timetable regarding this matter. Trustee Santon asked for update on the status of the King Street soccer field project. He noted that a meeting was held on January 2, 2003 with all involved parties. He asked for the opportunity to discuss, at the Lead Agency level, what other alternatives the Recreation Council and Village staff and consultants should be considering. Mr. Bradbury responded that this topic would better be addressed at another meeting. Trustee Santon noted that on December 10, 2002 a resolution was passed referring the topic of the 29-acre parcel along Lincoln Avenue that is owned by the Village (near Bellefair) to three committees to evaluate what use they would consider. He wanted to be sure that all three committees, Environmental, Recreational, and Facilities, had all of the information available. He noted Bellefair residents informed him that at the time of construction, Bellefair had a model showing the 29 acres and these Bellefair residents claimed they were told that no one would ever build on this property. Trustee Santon asked what would stop airport expansion. Mr. Beane noted that it was previously felt that four acres adjacent to the runway was sufficient. However, with all the changes, he suggested that this matter be researched to make sure that this is technically still true. He also noted that the bigger buffer around the airport the better off everyone involved would be. If the Board wished to reconfigure the remaining acres, it should be done now. Mr. Beane stated that a thorough review of what this land can be used for needs to be completed because once this property is dedicated parkland it cannot be changed. He did not want to take away any options that the Village might want in connection with the use of this property by declaring it parkland. Once declared parkland, it is parkland forever and ever. Trustee Goodman noted that the majority of the property is wetlands. She felt that it was a good idea to have the committees prepare a preliminary report to be referred to the consultants and the Village Board. Board of Trustees Meeting January 28,2003 Page 14 of 16 Trustee Santon asked how the Lincoln Avenue compost site is a permitted use as parkland. Mr. Beane noted that this passive use is a permitted use under dedicated parkland. Trustee Santon questioned the suggestions to use parkland for a dog run. To which Mr. Beane responded a dog park would also be considered a passive recreation use. Trustee Santon felt that this land was deliberately negotiated to be used as a buffer between Bellefair and the airport. Dedicated parkland would be an impediment to the County if they decided to expand. He felt that if this land is not useable and nothing can be built on it then the Village should not waste its time referring it to other committees for review. Mayor Filipowski noted that this property is wetlands and center runway property. The Village owns this land and it needs to be studied before a final decision can be made. Trustee Santon felt that if this property cannot even house one soccer field, maybe the Village needs to try and acquire other property for a soccer field. He asked that the Village review their options. Mayor Filipowski asked for a motion for an Executive Session to discuss litigation, labor negotiation, and personnel. On a motion made by Trustee Harris, and seconded by Trustee Goodman, the Executive Session was scheduled. TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski announced that the next Board of Trustee meetings were scheduled for February 11, 2003 and February 25, 2003 Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that the fields located at the Port Chester Middle School need some drainage work in order to bring them up to standard. He suggested that the Village of Rye Brook sit down with the members of the Port Chester School Board to discuss these fields. By upgrading these fields they could be 100% useable. Board of Trustees Meeting January 28,2003 Page 15 of 16 There being no further business before the Board, and no members of the public wishing to address the Board, the meeting was adjourned at 9:00 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting January 28,2003 Page 16 of 16