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HomeMy WebLinkAbout2003-12-09 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING Village of Rye Brook Board of Trustees Meeting Village Hall, 938 King Street Tuesday, December 9, 2003 @ 7:30 p.m. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1) Considering a local law to repeal a prior local law and to amend Chapter 240 of the Village Code concerning stop signs and parking regulations in Blind Brook Estates PRESENTATION 1) Application of Reckson Operating Partnership, L.P. for an Extension of Site Plan and Wetland Permit approvals for Phase 3 of Reckson Executive Park RESOLUTIONS 1) Considering a local law to repeal a prior local law and to amend Chapter 240 of the Village Code concerning stop signs and parking regulations in Blind Brook Estates 2) Authorizing the Village to file a grant application for the proposed softball and soccer/athletic fields on King Street 3) Submitting a claim against Red Roof Farm surety bond 4) Referral to Zoning Board of Appeals on a Local Law to amend Chapter 212, Sprinkler Systems, of the Code of the Village of Rye Brook 5) Setting a Public Hearing date on a Local Law to amend certain provisions of the Home Occupation Law 6) Considering the appointment of Registrar of Vital Statistics 7) Approval of Meeting Minutes: June 24, 2003 and October 28, 2003 Board of Trustees December 9,2003 Page 1 of 20 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1) Discussion: Enforcement of garbage, rubbish, and refuse ordinance 2) Discussion: Consideration of noise ordinance with regard to weekend restrictions 3) Discussion: Overnight parking restrictions for snow removal 4) Discussion: Zoning Code issues relating to "adult" businesses, bars, cabarets, nightclubs, etc. 5) Discussion: 548 and 550-552 Westchester Avenue land use applications 6) Discussion: Various issues relating to King Street athletic field project, Harkness Park, and the 12/1/03 contract of Sale with the Arbors Homeowners' Association, Inc. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC NEXT TRUSTEES MEETINGS: December 23, 2003 and January 13, 2004 BOARD Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon STAFF Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Robert Bertolacci, Parks & Recreation Superintendent Victor Carosi, Village Engineer Robert Santoro, Police Chief Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Filipowski called the meeting to order at 7:35 p.m. He welcomed everyone to the Meeting, and noted, for anyone attending the meeting to hear the Reckson matter, that the Board of Trustees December 9,2003 Page 2 of 20 Presentation for Reckson Operating Partnership was withdrawn by the applicant. This matter will be placed on an agenda when the applicant contacts the Village. Mayor Filipowski noted that the November 15th date was an extremely important date because of the parking restrictions. He stated that it was important for everyone to be aware of the parking restrictions, which were in effect through March 15th, especially with the early snowfall. Mayor Filipowski also noted that 24 hours after the snowfall stops, residents are required to have their sidewalks cleared. Mayor Filipowski called for the first item on the agenda. PUBLIC HEARINGS 1) CONSIDERING A LOCAL LAW TO REPEAL A PRIOR LOCAL LAW AND TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING STOP SIGNS AND PARKING REGULATIONS IN BLIND BROOK ESTATES Mayor Filipowski declared the public hearing open. Edward Beane, Esq., Village Counsel, noted that this matter was before the Board as the Village was preparing to accept the dedication of the roads within the Blind Brook Estates. Mayor Filipowski opened the floor to the public, and members of the Board of Trustees, for comments regarding this local law. As there was no one wishing to address this matter, Mayor Filipowski 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 at 7:45 p.m. Ms. DiSalvo called the roll: TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the first item under resolutions: Board of Trustees December 9,2003 Page 3 of 20 RESOLUTIONS 1) CONSIDERING A LOCAL LAW TO REPEAL A PRIOR LOCAL LAW AND TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING STOP SIGNS AND PARKING REGULATIONS IN BLIND BROOK ESTATES Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution was approved. RESOLUTION CONSIDERING A LOCAL LAW TO REPEAL A PRIOR LOCAL LAW AND TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING STOP SIGNS AND PARKING REGULATIONS IN BLIND BROOK ESTATES WHEREAS, the Village of Rye Brook Traffic Commission has requested that a stop sign be installed on the north side of Red Roof Drive, at the intersection of Birch Lane; and WHEREAS, the Board of Trustees of the Village of Rye Brook conditionally adopted on July 22, 2003 a local law to amend Chapter 240 of the Code of the Village of Rye Brook to add stop intersections and parking regulations on streets of the Red Roof Farm Subdivision (now Known as Blind Brook Estates); and WHEREAS, a local law has been proposed to repeal the local law conditionally adopted on July 22, 2003 and to amend Chapter 240 of the Village Code of the Village of Rye brook to add stop intersections and parking regulations on streets of the Red Roof Farm Subdivision (now Known as Blind Brook Estates), which stop intersections now include the stop intersection on Red Roof Farm Drive that was requested by the Village of Rye Brook Traffic Commission; and WHEREAS, a duly noticed public hearing was held at a meeting the Board of Trustees of the Village of Rye Brook on December 9, 2003, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on December 9, 2003; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of the proposed local law is a "Type IP" action and, therefore, no further environmental review of the proposed action is required; and Board of Trustees December 9,2003 Page 4 of 20 WHEREAS, the Board of Trustees of the Village of Rye Brook, after due deliberation, finds it in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that conditioned on the satisfaction of the twelve conditions listed in the first resolved clause of the resolution entitled "Accepting the Conveyance of Certain Roads within Red Roof Farm Subdivision and Amending the Code to Adopt Traffic Regulations" that was adopted on July 22, 2003, the Board of Trustees of the Village of Rye Brook adopts the proposed local law to repeal the local law conditionally adopted on July 22, 2003 and to amend Chapter 240 of the Code of the Village of Rye Brook to add stop intersections and parking regulations on the streets of the Red Roof Farm Subdivision, which local law will be assigned a number when the twelve conditions have been satisfied; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Trustee Santon asked for clarification of the stop intersections and regulations. Mr. Bradbury reviewed the placements for Trustee Santon. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for item 92 under the Resolution portion of the agenda: 2) AUTHORIZING THE VILLAGE TO FILE A GRANT APPLICATION FOR THE PROPOSED SOFTBALL AND SOCCER/ATHLETIC FIELDS ON KING STREET Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Rosenberg, the resolution was approved. RESOLUTION AUTHORIZING THE VILLAGE TO FILE A GRANT APPLICATION FOR THE PROPOSED SOFTBALL AND SOCCER/ATHLETIC FIELDS ON KING STREET Board of Trustees December 9,2003 Page 5 of 20 WHEREAS, the Village of Rye Brook, in response to increasing demand for athletic fields within the Village, has proposed to construct new softball and soccer/fields, seating, storage shed, restrooms, irrigation, drainage, fencing, walkways, landscaping, and associated site development activities (the "Project"); and WHEREAS, the Project is located on the Village-owned parcel of land located on the west side of King Street, approximately 200 feet south of the intersection of King Street and Glenville Road, south of the Blind Brook Senior/Middle School campus, as well as on adjoining properties currently owned by the Blind Brook School District and the Arbors Homeowners' Association, Inc. that would be acquired by the Village of Rye Brook(the "Site"); and WHEREAS, the Village has engaged the Thomas Group as the Project Architect, who has prepared schematic plans on the Site depicting the proposed play fields and associated structures and the area of proposed disturbance, known as Scheme 4r; and WHEREAS, the Village has received letters of support for the submission of a Westchester County Land Legacy grant application from several groups, including the Arbors Homeowners' Association and the Blind Brook School District Board of Education; and WHEREAS, the Village of Rye Brook Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) has prepared a Full Environmental Assessment Form, Part 1, and has determined that the County of Westchester and the Blind Brook School District are Involved Agencies to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook endorses the Project and hereby authorizes and directs the Mayor to file an application for a Westchester County Legacy Grant for the purposes of obtaining funds to assist in the preparation of plans and the construction of the athletic fields; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook, 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 prepared, determines the Proposed Action to be an Unlisted Action and declares that the Board of Trustees intends to act as Lead Agency for coordinated environmental review; and BE IT FURTHER RESOLVED, that the County of Westchester and the Blind Brook School District, as Involved Agencies, shall be notified of the Board's intention to act as Lead Agency under the provisions of SEQRA. Board of Trustees December 9,2003 Page 6 of 20 Mr. Bradbury gave a brief summary of this matter. He noted that a few months ago the Board asked the Village Staff to work with the Recreation Council. The Blind Brook School District and the Arbors have approved the submission of this grant. This grant has been worked on for many months and, at this time, there is sufficient support for this grant application to be submitted with a few minor corrections. Mr. Bradbury noted that the Village Staff was very proud of the grant document, and they were looking forward to submitting it to the County. He noted that the Arbors and the School District have given their conceptual approval. Mr. Bradbury noted that the Tennessee Gas Company had not yet approved the application, but their decision was forthcoming. However, in terms of submitting the application, there was sufficient information. Trustee Paul Rosenberg stated, for clarification, that the Arbors Homeowners Association's Board of Directors would be calling for a vote of the Homeowners. A two-third-approval vote is required before proceeding with the sale of the property. Trustee Rosenberg noted that he was very much in favor of this project, and commended the Staff and the Recreation Council for their hard work. Trustee Robert Harris complimented everyone involved in this project on a job well done. He noted that there has been an amazing effort made on everyone's part. Trustee Dean Santon noted that he had comments on the document itself, regarding inconsistencies in language. Mayor Filipowski reminded Trustee Santon that Mr. Bradbury had just pointed out that minor corrections were required before the document could be finalized. Trustee Santon continued, reviewing every single change that he felt was appropriate throughout the entire document. He noted that there were several terms that needed to be made consistent, as well as the title of this project, i.e. Multi-Field, Multi-Sport, Multi- Use-Field, King Street Fields, etc. He asked that the project not be referred to as a Town Square or Village Green as he felt that this was misleading. He pointed out that the Port Chester School District was referred to as being able to use the field/fields. He asked for clarification of partners and users. The topics discussed by Trustee Santon during his presentation included soft costs, acreage, night use, lighting, the distance from the railroad station, the name of the Rye Brook Soccer Team, partners, users, exhibits, blue prints, dollar amount, land to be used, land to be acquired, fill required, detention basins, irrigation systems, plumbing, type of turf, fencing, portable bleachers, Lead Agency and SEQRA process, uses of the fields, site descriptions, conceptual plans, soil samples. Mr. Bradbury noted that the information was gathered from what was available at the time, and was not based on any research or studies. Board of Trustees December 9,2003 Page 7 of 20 Trustee Santon also addressed the percentage of slopes, the water table, tributaries on the property, lakes, ponds and wetland, materials removed from the site, vegetation, solid waste, landscaping, funding, approvals, state agencies involved, zoning and planning, traffic impacts, location on a curve, frontage, clearing and grading, paving and finishing, handicapped spaces, elevation changes, regular parking, funding of electricity for temporary lighting, distance from Greenwich, easements, adult usage, environmental impacts, land sold and land contributed, letters from various groups, fees quoted for games and practices, and the use of the fields, structures constructed in the area of the easement, lack of scaled drawings, and references to use of Crawford Park. Trustee Robert Harris noted that two Rye Brook youths submitted commentary and pictures for this grant. This was a collaborative effort, one that the Village should be very proud of. Trustee Rosenberg felt that it should be noted that this field would be used year round. He also noted that the Blind Brook School Board passed a resolution to convey ownership of district property for this project. Trustee Carol Goodman noted that procedural comments made by Trustee Santon should have been submitted to Mr. Bradbury. Trustee Santon stated that he would review his comments, which were previously submitted, with Mr. Bradbury. He asked that a revised draft of this 85-page document be circulated. Trustee Goodman stated that this matter needed to be addressed in an efficient fashion. Mr. Bradbury noted that the acreage was approximated for this application. He noted that the grant could be modified and re-circulated, or it could be adopted noting the requested corrections. The document could be re- circulated after approval, but before submission. Mr. Robert Becker, a member of the Recreation Council, and Mr. Robert Bertolacci, Parks & Recreation Superintendent, addressed the Board. It was noted that a full-sized soccer field would allow for a full sized football field. The Advisory Council had been discussing programs to be offered in the future. The scheduling for the use of the fields will be done through the Recreation Department. This will be a multi-use facility. Rye Brook Recreation will control the usage, and it will be available to County residents, when it is available. It is important to note that the Rye Brook Travel Soccer program includes county residents. When the travel team has matches/games, they play against other county residents. This all counts towards county usage. Trustee Santon noted that there is a tremendous youth population to be served. Mr. Becker felt that it would not serve the Village to limit the purpose of the fields. Board of Trustees December 9,2003 Page 8 of 20 Mayor Filipowski asked how the Board wished to address this matter. Trustee Goodman felt that the resolution— endorsing the project and filing the application should be moved forward. Mr. Beane noted, as a point of clarification, the resolution was drafted to authorize the application of a Westchester County Legacy Grant. This application could be fine-tuned. His recommendation was to proceed, as suggested by Trustee Goodman. Mr. Bradbury asked that an additional resolved clause be added regarding the maintenance facility. Trustee Santon noted that he was in favor of endorsing the project, but he expressed his concern about the document. He felt that the "project partners" should have the opportunity to review this document. He noted that the resolution also included inconsistency regarding the name of this project. As the objective was to be successful with this application, he asked that the Board wait until the next Board of Trustee meeting to adopt the resolution. Trustee Goodman reiterated her preference that the Board adopt the resolution at this meeting. Trustee Goodman moved to modify the resolution to provide the paragraph suggested by Mr. Bradbury, and the changes suggested by Trustee Santon. Trustee Harris felt that adopting the resolution would be the path to take. He also noted that the Board of Trustees was handling this correctly. They, as the Lead Agency, should review the document and approve it before anyone else reviews it. All typographical errors, as noted by Mr. Bradbury, would be corrected as submitted. Trustee Santon stated that it was his understanding that during the meeting with the Blind Brook School District, other sports should be indicated. Presentations have indicated that this is a project to be used by the Blind Brook School District, as well as by the Recreation Department. He stated that football should be included in this grant application. Mr. Beane stated that Trustee Santon's requests and comments had been noted. Mayor Filipowski commented that football can be played on these fields, but the original intent was for a soccer field. Mr. Bradbury agreed, noting that the County has very limited interest in football, and the focus for this grant application should be on soccer and softball. Mayor Filipowski noted that there were two school districts included in the usage. He deferred to Mr. Beane for the decision of including football in the title of this project. Mr. Beane responded that it was not necessary to include the word football in the title. Board of Trustees December 9,2003 Page 9 of 20 Trustee Rosenberg reiterated that he was in favor of passing the resolution. He noted that many edits that are required must be made, but felt that the grant application should move forward. He asked for assurance that the partners would have the opportunity to review this document before it was submitted. Mr. Bradbury noted that the Village's staff would do their best to work on this document as soon as possible. It was noted that this document should be completed by the next Board of Trustees meeting. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted as amended. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI VOTING AYE 3) SUBMITTING A CLAIM AGAINST RED ROOF FARM SURETY BOND Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION SUBMITTING A CLAIM AGAINST RED ROOF FARM SURETY BOND WHEREAS, on September 3, 1998, the Board of Trustees of the Village of Rye Brook adopted a resolution granting Red Roof Farm, LLC, final subdivision plat and wetlands permit approval to the project known as Red Roof Farm and as a condition of said approval, the Village required the applicant to post a performance bond in the amount of$1,750,000.00 for the full cost of all such improvement as set forth in the final subdivision plat and to guarantee and assure full compliance by the applicant with all the terms, conditions, requirements and provisions as set forth in the Board's Resolution of September 3, 1998; and WHEREAS, Red Roof Farm, LLC, or its successors, has failed to satisfy the conditions of the Village's September 3, 1998 resolution including, but not limited to drainage and roadways, as set forth below: 1. Remediation of the water seepage condition on Birch Lane, including the submission of plans and specifications prepared by a licensed professional engineer designing the remediation and Board of Trustees December 9,2003 Page 10 of 20 verifying its effectiveness, which plans and specifications are subject to approval by the Village Engineer and consultant (Dolf Rotfeld Associates). 2. Vacuuming and flushing out of all sanitary and storm sewers and drainage systems; 3. Certification by a licensed professional engineer of the "as built" plans of the stormwater and sanitary sewers and drainage systems and providing the Village with a videotape of the galleries; 4. Inspection of the manholes in the roadways to be dedicated and removing debris and accumulated sediment about them. 5. Installation of the guardrails required by the subdivision approval. 6. Replacement of all dead street trees and site evergreen trees to the satisfaction of the Village Engineer. 7. The applicant shall furnish a one (1) year maintenance bond to the Village in a sum to be determined by the Village Engineer in a form acceptable to the Village Attorney; and WHEREAS, the surety bond furnished in the amount of $1,750,000.00 was posted to ensure construction of the improvements and compliance by Red Roof Farm, LLC, with all the terms, conditions, requirements, and provisions as set forth in the September 3, 1998 resolution; and WHEREAS, the surety bond was reduced to a value of $450,000.00 by resolution adopted by the Board of Trustees on September 24, 2002. NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized to submit a claim against the surety bond issued by Chatham Reinsurance Corporation under Bond No. H00522 in the amount of $450,000.00 and to sign any necessary documents and take all reasonable measures to prosecute the Village's claim against the bond. Trustee Santon asked for clarification of the impact of the seven items listed in a memo from the developer to the Village. He felt that dollar amounts should be specific, and wanted to ensure that a bond reduction be done correctly. Mr. Beane responded that the confusion expressed by Trustee Santon was caused by the wording in the resolution. He stated that, in response to Trustee Santon's request,he would correct the wording in order to make it easier to understand. Board of Trustees December 9,2003 Page I I of 20 Mayor Filipowski noted that there were many variables unknown in connection with the completion of the drainage system. He wanted to be sure that the Village was not cutting itself short. Mr. Beane noted that the resolution concerned drainage, and does not preclude the Village from making additional claims on the bond. These are only conditions with regard to the dedication of roadways. It would preclude the Village from making another claim based on the conditions listed. He also noted that one condition has already been completed. Mr. Bradbury noted that further review of the outstanding conditions must be completed. Mayor Filipowski noted that the condition on Birch Lane was incorrect. This matter should be clarified before the resolution was approved. Mr. Beane stated that he would modify the resolution. Trustee Santon noted that there were a variety of issues, some covered by the performance bond, that were dealt with in September that included a fee schedule. If the performance bond never contemplated seepage on Birch Lane, then it must be identified now. There are many issues still outstanding that must be addressed. Mr. Beane noted that the modification would include reference to the previous resolution. The values should speak about drainage. Non-infrastructure issues are not addressed by this bond. Mr. Beane felt that the Red Roof Farm developer should be given one more chance to satisfy the conditions. The resolution should be passed with the amendments, with the understanding that there will be a very short hiatus to allow the developer to address the outstanding matters. This is the last resort. Trustee Harris noted that street trees should also be included. Mr. Beane responded that the original bond has been reduced. He also noted that there were no problems with maturity, but offered to review this matter. Gene Paulen, representative for the developer, addressed the Board. He noted that the developer was willing to enter into a maintenance bond with the Village in order to secure that which needs to be done. There are other items that the developer is fully willing to complete in order to fulfill his obligations. The developer is working to get to the end of this matter. There were seven items outstanding in connection with the dedication, one of which has not yet been completed. He suggested that any issues with the street trees be secured with the maintenance bond, and noted that there was a lot outside the bond that the Village needs from the developer. The money is in place at this point. Mayor Filipowski noted that the Village was willing to give the developer additional time to comply. Mr. Paulen responded that the developer was still waiting for a list of trees that were removed that should not have been removed. He also noted that the remedial drainage was covered by an escrow agreement, and that there was a portion of the remedial drainage plans that has not been implemented because they have not been granted access to lot 26. Board of Trustees December 9,2003 Page 12 of 20 Mr. Beane noted that the Village was not anxious to pull the bond. He offered to meet with the developer to address this matter, pointing out that the major items on the dedication list must be met. This matter has been discussed for years and needs to have closure. A list will be prepared by the developer, and submitted through counsel. Trustee Rosenberg felt that the resolution should be passed, setting a deadline for the end of negotiations. Trustee Santon expressed his opinion that the resolution was not the most pragmatic approach. He felt that it was ineffective. Mayor Filipowski reminded Trustee Santon that the matter before the Board was the bond issue. Trustee Goodman suggested several changes that included giving the Village's Attorney the discretion in addressing this matter. Trustee Goodman read the amendments for the Board, noting that all of the seven items listed were stricken. On a motion made by Trustee Harris, and seconded by Trustee Rosenberg, the resolution as amended was adopted. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Beane noted that there was an issue that was still outstanding that would be addressed in a follow up meeting. The developer stated that they are willing to take care of what needs to be addressed. 4) REFERRAL TO ZONING BOARD OF APPEALS ON A LOCAL LAW TO AMEND CHAPTER 212, SPRINKLER SYSTEMS, OF THE CODE OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the resolution. On motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION Board of Trustees December 9,2003 Page 13 of 20 REFERRAL TO ZONING BOARD OF APPEALS ON A LOCAL LAW TO AMEND CHAPTER 212, SPRINKLER SYSTEMS, OF THE CODE OF THE VILLAGE OF RYE BROOK WHEREAS, the Board of Trustees is considering a local law to amend Chapter 212 of the Code of the Village of Rye Brook entitled"Sprinkler Systems" to incorporate definitions and text to clarify the threshold requirements for the sprinklering of residential and commercial buildings and to incorporate the current use and occupancy classifications specified in the New York State Uniform Fire Prevention and Building Code; 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 double underlined. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law, with suggestions and text amendments, as attached hereto, to the Zoning Board of Appeals for review and comment. Trustee Santon noted that only the proposed amendments were presented, and this caused him confusion. He stated that in order to understand the changes one would have to review the text and then cross-reference the black-lined draft. He felt that flipping back and forth in the pages lost some of the flow. He stated that this made it difficult to understand the full impact of the changes. He noted that the deadline date for installation of sprinkler systems was March 31, 2004. He also noted that a Board of Trustees work session was held with the Zoning Board of Appeals several months ago to address some concerns raised by the Zoning Board in deliberating on variances being requested in connection with the installation of sprinkler systems. He requested one document that showed the existing document with the insertions/corrections be presented to the Board in order to better understand the impacts of the changes. Trustee Harris noted that reminder letters were sent out regarding this change to the ordinance. Although given seven years to install sprinkler systems, this reminder still came as a shock to some residents. Mr. Bradbury noted that reminder letters were sent out a year in advance to the commercial properties. The Zoning Board of Appeals has received requests for variances and they were looking for guidance from the Board of Trustees. The concern that that Zoning Board has is in how to clarify some of the terms and definitions, i.e., what is considered an alteration? Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that the Building Code Enforcement Officer reviewed this matter. The Village was trying Board of Trustees December 9,2003 Page 14 of 20 to modify its Code to agree with the State's Code. Utilizing new definitions will make it clear so that all trained Building Code Officials will be able to apply the Code. The newer State Building Code has been significantly modified. Trustee Harris questioned where the seven-year timeframe came from. Mr. Carosi was unsure of how the timeframe was set. Trustee Santon, once again, noted that the changes were difficult to follow. Mr. Carosi responded that the definitions have been changed to match the State Code. It was noted that the Zoning Board would review this matter. Mr. Carosi also noted that one of the members of the Zoning Board, Mr. Joseph Pellino, was a member of the Board of Trustees at the time this law was enacted. Mr. Bradbury stated that the Board could consider an extension, and refer this matter to the Zoning Board for review. Trustee Goodman was excused at 10:35 p.m. Ms. DiSalvo called the roll: TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5) SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CERTAIN PROVISIONS OF THE HOME OCCUPATION LAW Mr. Bradbury read the resolution. On motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CERTAIN PROVISIONS OF THE HOME OCCUPATION LAW WHEREAS, the Board of Trustees of the Village of Rye Brook introduced a Local law to amend certain provisions of Chapter 250 of the Code of the Village of Rye Brook concerning home occupations; and WHEREAS, the Board of Trustees of the Village of Rye Brook referred the subject Local Law to the Planning Board and the Westchester County Board of Trustees December 9,2003 Page 15 of 20 Department of Planning on October 28, 2003 and the Planning Board reviewed and referred the Local Law back to the Board of Trustees for adoption; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on December 23, 2003 to consider amending certain provisions of the Home Occupation Law. Trustee Santon questioned whether all of the comments from the Board were incorporated in this local law. Mr. Beane stated that this was done. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6) CONSIDERING THE APPOINTMENT OF REGISTRAR OF VITAL STATISTICS Mr. Bradbury read the resolution. On motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. RESOLUTION CONSIDERING THE APPOINTMENT OF REGISTRAR OF VITAL STATISTICS WHEREAS, the recording and filing of birth and death certificates are handled through the offices of the Town of Rye; and WHEREAS, Rye Town Clerk Frances C. Nugent has been ably providing these services as Registrar of Vital Statistics on behalf of the Village of Rye Brook for our residents. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby appoints Rye Town Clerk Frances C. Nugent as Registrar of Vital Statistics for a two (2) year term beginning January 1, 2004 and expiring December 31, 2006; and be it FURTHER RESOLVED, that three certified copies of this resolution are to be returned to Ms. Nugent for filing along with the copies of the "Notification Board of Trustees December 9,2003 Page 16 of 20 of Appointment of Registrar of Vita Statistics" and that the Village Administrator is authorized to execute any documents necessary to effect this appointment. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7) APPROVAL OF MEETING MINUTES: JUNE 24, 2003 AND OCTOBER 28, 2003 Trustee Rosenberg asked that this matter be deferred to the next meeting. The Board agreed. Mayor Filipowski noted that the Executive Session was required. He stated that he would call for a motion before the end of the meeting. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1) DISCUSSION: ENFORCEMENT OF GARBAGE, RUBBISH, AND REFUSE ORDINANCE Trustee Rosenberg noted that many residents place trash out on weeks when there is no pick-up, as well as being placed out earlier then allowed. Unfortunately, some residents place bulk trash anytime they want. He felt that the Village should enforce the ability to issue a summons, and that it should be enforced on a daily basis. Mr. Beane noted that the first violation carries a maximum of$25.00. The second violation carries a maximum of $100.00. The violations are imposed daily, however, the real issue is the enforcement. He felt that the policy needed to be changed, and that the public needed to be made aware of the law. Chief Santoro noted that the police officers respond on a complaint basis. Mayor Filipowski noted that the Board will discuss this matter, and suggested multiple summonses. Board of Trustees December 9,2003 Page 17 of 20 2) DISCUSSION: CONSIDERATION OF NOISE ORDINANCE WITH REGARD TO WEEKEND RESTRICTIONS Mayor Filipowski noted that residents have been complaining about leaf blowers being used on Sundays. Residents find it offensive that there is not one day of the week to rest. Trustee Santon felt that some residents only have Sundays to tend to their own properties, and it would be unfair to tell them that this type of work was prohibited on that one day. He noted that many home renovations are also taking place seven days a week. Trustee Harris felt that the Board needed a better sense of how this matter affects the residents. He also questioned whether there were time restrictions. Mayor Filipowski noted that Saturdays and Sundays there is a restriction on noise before 9:00 a.m. On the weekdays the ordinance prohibits excessive noise before 8:00 a.m. This is another matter to be considered by the Board. 3) DISCUSSION: OVERNIGHT PARKING RESTRICTIONS FOR SNOW REMOVAL Mayor Filipowski asked how the residents are notified of this change. Mr. Bradbury noted that there are several different medias by which residents are advised of the snow removal parking restrictions. Chief Santoro noted that there are signs on every street entering the Village. The notice is also placed on the Village's cable channel. 4) DISCUSSION: ZONING CODE ISSUES RELATING TO "ADULT" BUSINESSES,BARS, CABARETS,NIGHTCLUBS,ETC. Trustee Santon noted that residents are concerned about this subject, even though Rye Brook is a predominately residential community. He wanted to ensure that this matter would be reviewed. Mr. Beane noted that this matter included two issues. He stated that he would issue a memorandum to the Board on these matters. If the Board decides to move forward at that time, it can. Trustee Santon felt that this matter should be evaluated. Board of Trustees December 9,2003 Page 18 of 20 5) DISCUSSION: 548 AND 550-552 WESTCHESTER AVENUE LAND USE APPLICATIONS Trustee Santon reminded the Board that on August 26, 2003 a site plan application was referred to the Planning Board for its review. The Planning Board met with the applicant, first in a Work Session, and then in a regular meeting. The applicant is proposing the installation of parking for the six-family dwelling on a second lot, owned by the same individual. There are zoning issues. He felt that there was a lot of data regarding this application that had not yet been verified. He stated that the Village created a hearing that the applicant never asked for. He suggested that there were irregularities and requested that the Village rescind the notice of the hearing. It was his opinion that the applicant should be required to re-file an application to the Zoning Board. Mr. Beane stated that he was working with Village Staff on this matter. 6) DISCUSSION: VARIOUS ISSUES RELATING TO KING STREET ATHLETIC FIELD PROJECT, HARKNESS PARK, AND THE 12/1/03 CONTRACT OF SALE WITH THE ARBORS HOMEOWNERS' ASSOCIATION, INC. Trustee Santon asked for a surveyor to be engaged to review the property to be acquired from the Blind Brook School Board. He expressed his concern regarding the Contract of Sale with the Arbors Homeowners' Association, Inc. He felt that the resolution was not clear. Mayor Filipowski responded that the summary of the meeting clearly reflects the action taken. The motion was made by Trustee Rosenberg, and seconded by Trustee Harris. This resolution approved the Mayor's ability to sign the contract. Trustee Santon persisted that, in his opinion, Article 32 of the contract was not complied with. Trustee Santon felt that the Village should do what it can to preserve open space. He suggested that a portion of Harkness Park should be protected to prevent clear cutting. He suggested going beyond the proposed 10-foot buffer. He asked that the Board follow through and protect this park area. He noted that there are trees in this park that are over 100 years old. Mayor Filipowski polled the Board regarding placing this matter on the agenda of a Board of Trustees meeting. Trustees Rosenberg and Santon voted aye. Mayor Board of Trustees December 9,2003 Page 19 of 20 Filipowski and Trustee Harris voted no. Two votes were insufficient for placing this matter on the agenda. Mr. Bradbury reviewed topics for upcoming Board of Trustee meetings. He reviewed matters that would be before the Board at some point in the future. Trustee Harris asked that the surveys that were commissioned regarding Village property should be placed on an upcoming agenda. Mr. Bradbury thanked the Village's staff for their hard work on snow removal. Mayor Filipowski noted that many compliments were received on snow removal, and also thanked staff for their work. Mayor Filipowski asked for a motion on an Executive Session. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the Executive Session was scheduled. TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski noted that the next Trustees meetings were scheduled for December 23, 2003 and January 13, 2003. There being no further business before the Board, the meeting was adjourned at 11:30 p.m. Respectfully Submitted, Christopher J. Bradbury, Village Administrator/Clerk Board of Trustees December 9,2003 Page 20 of 20