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HomeMy WebLinkAbout2003-04-22 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,APRIL 22, 2003 — 7:30 P.M. AGENDA 6:30—Executive Session: Appointments to Boards, Committees and Commissions 7:00— Swearing In Ceremony PLEDGE OF ALLEGIANCE REPORT 1. DOLPH ROTFELD ENGINEERING REPORT ON THE PROGRESS OF RED ROOF FARM MATTERS RESOLUTIONS 1. ADOPTING THE VILLAGE OF RYE BROOK 2003-2004 ANNUAL BUDGET 2. SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE CODE TO CREATE CHAPTER 213, STEEP SLOPE PROTECTION 3. AWARDING CONTRACT 903-03: REAR YARD RESIDENTIAL GARAGE COLLECTION SERVICES AND CURBSIDE COLLECTION OF TRASH/RUBBISH AN ORGANIC YARD WASTE 4. APPROVING CONTRIBUTION TO PORT CHESTER-RYE BROOK- TOWN OF RYE INDEPENDENCE DAY COMMITTEE 5. DECLARING MAY 11-17, 2003 POLICE WEEK IN RYE BROOK 6. CONSIDERING THE APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS 7. APPROVING OF MEETING MINUTES: Board of Trustee Meeting April 22,2003 Page 1 of 24 February 18, 2003 (Grievance Day) February 18, 2003 (Special Meeting) March 11, 2003 (Tree Work Session) March 19, 2003 (Special Meeting) March 25, 2003 (BAR Final Determination) ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS ACTION OF NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Trustee Meetings: May 13 and May 27, 2003 BOARD Trustee Donald Degling Trustee Carol Goodman Trustee Robert Harris Trustee Dean Santon Mayor Francis Filipowski STAFF Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq.,Village Attorney Marilyn Timpone Mohamed, Village Planning Consultant Victor Carosi, Village Engineer Fred Siefert, Public Access Coordinator David Stolman, Village Planning Consultant Robert Santoro, Chief of Police Paula Patafio, Meeting Secretary Mayor Filipowski called the Swearing in Ceremony of Trustee Dean Santon and Trustee Robert Harris to order at 7:00 p.m. The Honorable Judge Bellantoni officiated. The Trustees took the Oath before the Board and members of the public. Trustee Santon has been reappointed for a second two-year term. Trustee Robert Harris begins his first term, Board of Trustee Meeting April 22,2003 Page 2 of 24 following in his father's footsteps, former Village Trustee Jules Harris. The Trustees were congratulated on their appointments. The regular meeting was called to order at 7:40 p.m. Mayor Filipowski called upon Mr. Dolph Rotfeld, Village Engineering Consultant for his presentation. REPORT 1. DOLPH ROTFELD ENGINEERING REPORT ON THE PROGRESS OF RED ROOF FARM MATTERS Mr. Rotfeld noted that in November of 2002 the Village Board instructed him to review the Red Roof Farm subdivision. The two main complaints were wet properties with drainage problems and dying street trees. Regarding the trees, judgment of how many trees were lost cannot be made for another several weeks, until after the trees have flowered. At that time the Village will know which trees are alive and which trees are dead. Mr. Rotfeld noted that he has reviewed the Limits of Disturbance Plan, which was filed with the Village at the time of the subdivision. This plan was created by the firm of John Myers Consulting. Mr. Rotfeld found that 15 large trees outside the areas of disturbance were removed. The drainage problems were researched. Residents were interviewed and information was gathered. It was noted that drains were installed on several of the properties. A substantial amount of grading was done without any real consideration of what was going to happen with the finished product. Changing and removing slopes has changed the flow of water and there was no plan for remediation. Water is entering the basement of several homes, and this condition needs to be corrected. The question now is where the responsibility lies. The builder did certain things without understanding what the ramifications might be. Residents on Winthrop informed Mr. Rotfeld that the grade in this area was changed, by several feet, even though this was an area of no disturbance. Many of the trees that died in that area have been blamed on the subdivision development. Mr. Rotfeld noted that there are definitely 15 trees that were removed that were not supposed to be removed. There was also a disturbance of ground water. With regard to Berkley Drive, the question arose regarding the creation of a curtain drain. The Village has installed a drain in the Village's right-of-way for the residents to connect into. Mr. Rotfeld noted that the drainage along Ridge Street has not yet been completed. This is due, to some extent, to some of the residents not granting easements. Mayor Filipowski called for questions from members of the Board. Board of Trustee Meeting April 22,2003 Page 3 of 24 Trustee Dean Santon noted that the 1998 Landscape Plan had trees identified, with the diameters of the trees noted, marked to save if feasible. There was another 1998 plan named Limits of Disturbance. Both plans denoted trees to be saved. Several of the trees that were removed were very large trees. Trustee Santon felt that the property was clear-cut before construction began because they were in a hurry to build the homes. Mr. Rotfeld responded by agreeing with Trustee Santon, pointing out that trees ranging from 20" to 50" that were well outside the limits of disturbance were removed. Several of the trees had died, however, others were simply removed by the developer. Trustee Santon requested information regarding the wetland mitigation within the subdivision. Mr. Bradbury noted that a report has been submitted from the developer to the Army Corps of Engineers. The Army Corps of Engineers is reviewing the report and the Village has requested that they verify that it is acceptable. The Army Corps permit was taken out in August of 1997 and the developer has an obligation to construct the detention basin and wetlands. He felt that this matter would be subject to the Bond. Mayor Filipowski turned to the members of the public for their comments. Mr. Richard Lubkin, a resident of Red Roof Farm, addressed the Board. He noted that many of the residents are suffering as a result of the drainage problems. In addition, the character of the area is adversely affected by the dead and dying trees. He questioned what remediation plan would be put in place. Mr. Rotfeld noted that a drainage system must be provided along the southern property lines (along Red Roof Drive, in the middle of the block to tie into the Village system, and at the corner of Birch Drive). In addition, remediation work must be done near Birch Drive. Surveys must be completed in order to determine where to run the drains. Some of the properties may need to be re-graded as drainage alone may not rectify the problem. Edward Beane, Esq. noted that the Village is attempting to move forward with mediation of the public right-of-way areas of the subdivision. In addition to the settlement agreement, to the extent that these difficulties affect any public areas, the Village has become involved. There are a significant number of issues. There was no site plan—and it was not required. There are problems that are beyond the Village's power to do remediation. There are problems on individual lots that were caused by changes in grading. The homeowners know what they contracted for and must deal directly with the developer. Where these issues affect public areas, the Village can and will continue to address them. Regarding the trees that were removed that were outside the limits of disturbance, the developer is obligated to replace these trees. Board of Trustee Meeting April 22,2003 Page 4 of 24 Storm water management areas will continue to be reviewed. The Village cannot make a property owner re-grade their property to help another property owner. Dying street trees must also be replaced. Mr. Beane noted that the Village has already done some drainage work in the street. Mayor Filipowski questioned whether the 15 trees that were removed have added to the drainage problems. Mr. Rotfeld felt that the trees would have absorbed some of the water, but they would not have made a great difference in terms of runoff. There were underground drains on this property that were removed. In addition, the excavation disturbed the groundwater conditions. There are slopes and then flat areas that have been created. There is no way for the water to escape. Mayor Filipowski stated that many of the residents in the area have noted that there is substantially more runoff in the years since the subdivision. Mr. Rotfeld responded that the entire drainage system on North Ridge Street is County drain. It starts a little bit beyond the Betsy Brown intersection. Mud flows down this hill and gets into this drainage system that eventually dumps into the pond on Hidden Falls. Mr. Beane noted that regarding the pond at Hidden Falls, there are several sources upstream that are adding to the difficulties in this area. The drainage in public areas is now functioning properly. Mr. Rotfeld noted that there was one situation on Red Roof Drive where groundwater is seeping out from under the pavement. Mr. Beane noted that this situation must and will be rectified. Mayor Filipowski stated that a substantial additional amount of water has been witnessed in the area since the subdivision. The difference is on the surface of the street, in the residents' basements, and in backyards. Mr. Rotfeld stated that the County is rebuilding the drains. He also noted that there is one underground detention basin that is still not completed. One of the conditions of the subdivision was no increase of runoff. This condition was not met. Trustee Robert Harris noted that he has been reviewing the information. He questioned the size of the bond remaining and what the purpose of the bond was. He felt that there was a moral obligation to the residents of Red Roof Farm and the residents of the Village of Rye Brook. He asked that the Board look for ways to help the residents. Mr. Beane noted that there is a $450,000 bond still in place. The bond does not guarantee that the developer does everything that he was supposed to do. The bond is there to pay for infrastructure. It cannot be used to replace trees that have died. Bonding companies do not have a conscious and they will not write a check where they do not have an obligation. Mr. Beane noted that the Village has Board of Trustee Meeting April 22,2003 Page 5 of 24 already been involved with matters that are at the end of their responsibility. He noted that some homeowners changed the grading of their property — they changed the topography — and it is beyond the Village's power to do anything about it. Legally, there is a major problem. This an enormous mountain to try and climb. Mr. Rotfeld added that removing the topsoil—cutting the land down— is more of a problem than removing the trees. Mr. Bradbury noted that the work that the Village has done has made a difference on Berkley Lane. The property adjacent to the ball field must also be addressed. Storm drains can be installed in the roadways. Mr. Robert Becker, of Red Roof Farm, addressed the Board. He agreed with Mr. Bradbury that the land behind his home, at the rear of Village park property, must be addressed. A resident of 15 Bonwit Road addressed the Board. She requested clarification of the area of disturbance. Mr. Rotfeld pointed out the limits of disturbance on the map presented to the Board. Mr. Beane stressed that the matter must be taken up with the individual property owners and the developers. The Village is doing whatever it can to try and help all of the homeowners in the area. The Village is trying to get a handle on the problem. Mr. Neil Stern, of Red Roof Farm, addressed the Board. He noted that topsoil had been removed and the drainage is improper. The environmental pool is ruined because of the change in grade. The lots were graded approximately 2' less than what they should have been. The residents have spent a lot of money putting in sod, putting in drains, and yet there are still problems. He asked that the Village do whatever it can to assist the residents with this problem. Mayor Filipowski noted that he has witnessed the runoff down driveways and down roadways. He felt that an executive session regarding litigation should be scheduled so that the Board could review this matter further. Trustee Santon agreed, stressing that the Village is trying to deal with these issues. He noted that there are construction drawings and site plans. Many of the issues here are not secured by the performance bond or the drainage work escrow account. What the Village is trying to accomplish is to locate trees that were removed— some of which are priceless—to gain leverage. No one can put a price tag on an 80' tall 50DBH"beech tree. He stated that now is the time for action. Mayor Filipowski noted that the executive session is required in order to advise Mr. Beane of what direction to take. Money alone is not going to solve the problems. There are other issues that need to be addressed. Mr. Rotfeld stated that the builder made a lot of promises to a lot of people, but has not followed through. Board of Trustee Meeting April 22,2003 Page 6 of 24 Trustee Goodman noted that the Village is in a position to come up with a master plan. There is a lawsuit pending against the Village. She felt that the Village should try and negotiate for the bond that is in place. Mr. Ken Heller, of Lincoln Avenue, addressed the Board. He reminded the Board that there were very long discussions when the subdivisions first came up. The original builder made a lot of promises in good faith, but the second builder did not follow through. There are several water problems that cannot be solved. There must be some way to out smart the developers that are out smarting the Village. Topsoil was removed that was not supposed to be removed. Now there are people with very expensive homes with very expensive problems. The Village must do what it can to help. Trustee Donald Degling noted that there were several areas that have problems. He asked if it was be possible to consider a potential solution to each problem separately and try and find a solution to each problem. The problem is very complex but perhaps breaking the problem down would make it easier to come up with solutions. Mr. Rotfeld noted that there are six different places that have problems. Although the water has no place to go, he believed that all of the problems can be solved. Survey work needs to be done. Easements have to be received from the property owners. Mr. Beane agreed and stated that the homeowners have to be prepared to work with the Village. Mr. Bradbury noted that the next step towards the solution is the survey. Mr. Rotfeld responded that none of the maps that now exist depict what is out there now. Mr. Barry Cohen of 200 North Ridge Street addressed the Board. There needs to be a point where there is closure. He asked that dates be set. Trustee Santon noted that Section 121-3 of the Village Code deals with excavation and topsoil removal. The developer stripped the topsoil. What is left is clay, and clay does not allow water to percolate down. Mr. Rotfeld was asked to come up with a few engineering solutions. The residents must also work together and build consensus between themselves. This matter should be approached in a more business like manner. He felt that the tree removals could be traded for the drainage solution. Mr. Beane noted that he needed direction from the Board. He agreed that an executive session was needed. Board of Trustee Meeting April 22,2003 Page 7 of 24 Mayor Filipowski called for the first item under Resolutions. 1. ADOPTING THE VILLAGE OF RYE BROOK 2003-2004 ANNUAL BUDGET Mr. Bradbury read the resolution. RESOLUTION ADOPTING THE VILLAGE OF RYE BROOK 2003-2004 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 20, 2003; and WHEREAS, the Board of Trustees has held four Budget Work Sessions on March 31, 2003,April 2, 2003, April 8, 2003 and April 15, 2003; and WHEREAS, the Board of Trustees held a public hearing on April 8, 2003 pursuant to the notice of Public Hearing regarding the Tentative Budget, at which time all those wishing to be heard on behalf of or in opposition to the proposed budget were given the opportunity to be heard and the public hearing was closed at that time; and WHEREAS, the final assessment roll filed on April 1, 2003 resulted in a decrease in assessed value from $54,862,000 to $54,061,000, which would result in a tax rate of$168.96 per $1,000 of assessed valuation representing a 7.93% tax rate increase; and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $9,134,196 tax levy based upon the most updated Assessment Roll provided by the Assessor; and NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees have made the following amendments to the Tentative Budget and are hereby adopted: • Reduce general fund balance transfer for retirement system from $450,000 to $85,000. • Add $40,000 to Highway Aid (CHIPS) revenue. • Eliminate $80,000 from Capital Projects fund for Pine Ridge Park parking area(901.7140.004). • Add $80,000 to Capital Projects fund (901.3620.200) for GIS Implementation, to be funded by general fund balance. Board of Trustee Meeting April 22,2003 Page 8 of 24 • Add $6,000 to Highway Administration — Street Maintenance Supplies (5110.412). • Separate Recreation Department (7140.445) account into two lines: Equipment Repair and Supplies (7140.445...$51,000) and Shade Trees (7140.458...$7,000). • Add $10,000 to Police Department Equipment (3120.2) to purchase additional personal protective equipment (PPE). • Add $5,700 to Police revenues for reimbursement of radios expected from Westchester County. • Eliminate $15,000 from Capital Projects Budget for a Hurst tool in the fire department. • Eliminate $5,000 from the Management Information Services part-time help account (1680.199). • Eliminate the Fire Lieutenant position(est. $95,000). • Reduce the Refuse Collection account (8160.469)from $750,000 to $585,144. • Add $3,000 to Parks and Recreation revenues. • Modify the following fees in the tentative budget: Fee: From: To: Bldg. Permit commercial filing fee $55+$10/$1,000 $55+$13/$1,000 Electric permits (21-50 outlets) $75 $35 Wireless telecommunications facilities permit $750 $1,500 Wireless Telecommunications permit renewal n/a $75 Special permit application fee (in addit. to site plan) n/a $500 Alarm permits (initial) $35 $40 Alarm permits (renewal) $40 $35 Burglar alarms (1St alarm) (same as tent. budget) $0 $0 Burglar alarms (2nd alarm) $30 $25 Burglar alarms (3rd & 4th alarms) $60 $50 Burglar alarms (additional) (same as tent. Budget) Kindergarten Jr. sports $50 $55 1St grade Jr. sports $50 $55 2nd grade Jr. t-ball $50 $55 Major league baseball $75 $80 Minor league softball $75 $80 Major league softball $75 $80 Soccer $50 $55 Instructional Volleyball $30 $35 Start smart $40 $45 Youth tennis $80 $85 Men's softball $700 $705 Country line dancing $110 $115 Day Camp fees (same increase as tentative budget) Boys basketball 2-3rd grade $75 $80 Boys basketball 4-5th grade $75 $80 Board of Trustee Meeting April 22,2003 Page 9 of 24 Boys basketball 6-7th grade $75 $80 Boys basketball 8-9th grade $75 $80 Girls basketball 2-4th grade $75 $80 Girls basketball 5-6th grade $75 $80 Girls basketball 7-8th grade $75 $80 Youth tennis $60 $65 Mid-day kinderplay $200 $205 Start smart $40 $45 Soccer $50 $55 Kdg. Floor hockey $50 $55 1St grade floor hockey $50 $55 Ice skating (same increase as tentative budget) $170 $170 Roller blade hockey $30 $35 Girls fall softball 3-4th grade $75 $80 Girls fall softball 5-6th grade $75 $80 Teen center (no increase-currently $5.00 at door, $3.00 for food) Co-ed volleyball $40 $45 Mens basketball 8:30 $200 $205 Mens basketball 10:30 $200 $205 Kdg. Basketball $50 $55 1St grade basketball $50 $55 HS Pitching clinic $40 $45 B.E.T. Basketball $40 $45 HS Basketball clinic $40 $45 Kdg. Floor hockey $50 $55 2nd grade floor hockey $50 $55 Instructional volleyball $20 $25 Soccer IV $40 $45 Adult indoor soccer $35 $40 Co-ed volleyball $40 $45 Co-ed volleyball league $250/team $255/team FURTHER RESOLVED, that the Tentative Budget as hereinafter set forth and amended by the Board of Trustees, is hereby adopted as the Annual Budget for the Village of Rye Brook for the fiscal year beginning June 1, 2003; and be it FURTHER RESOLVED, that the amounts listed therein for payment of principal and interest on indebtedness, and that maintenance account charges be paid, and that the salaries, wages, benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries and benefits as have been determined by the Board of Trustees; and be it FURTHER RESOLVED, that the Village Board does hereby levy the sum of$9,134,196 for village real property taxes, which based upon the April 1, Board of Trustee Meeting April 22,2003 Page 10 of 24 2003 assessment roll of$54,061,000, would result in a tax rate of$168.96 per thousand of assessed valuation. A motion was made by Trustee Degling, and seconded by Trustee Santon, for the purpose of discussion. Mr. Bradbury noted that the tentative budget exists. All amendments are made to the tentative budget. Trustee Harris stated that he was not in favor of the resolution. He questioned what would happen if the resolution before the Board was voted down. He was concerned about what would happen to the amendments made in the budget work sessions, and wanted to make sure that the changes made would be persevered. Mayor Filipowski stated that voting the resolution down would bring the Village back to the tentative budget proposed on March 200'. Mr. Bradbury responded that the resolution approves the amendments thus far made to the tentative budget. The Board could also potentially vote on each amendment. Trustee Harris noted that he was happy with the adjustments made, but that he was not happy with the overall budget. Trustee Goodman questioned whether the previous tentative budget, of March 20, 2003, would be replaced by this tentative budget, April 22, 2003. This would create a new tentative budget that would go into effect if the real budget was voted down. Mr. Bradbury responded that the tentative budget can be amended to reflect the changes. Trustee Santon asked that a special meeting be held to make further amendments as there was only one more week to put the budget in place. He made a motion not to take action on this resolution at this meeting. As there was no second to the motion, Trustee Santon withdrew his motion. Trustee Degling made a motion to restore the $80,000 from capital projects that is now being considered to be placed into mapping for GIS. The reason for the motion is the need to have the information from the GIS to solve the Red Roof problem. Restoring this amount will not affect the tax rate and will save a substantial amount in survey costs. The only adverse effect will be a slight loss in interest earned. Trustee Santon seconded the motion. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING NO TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting April 22,2003 Page 11 of 24 Trustee Santon made a motion to increase the commercial permit fee from the current rate. The increase would be consistent with what the City of Rye charges. Trustee Harris seconded the motion. TRUSTEE DEGLING VOTING NO TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Santon made a motion to delete the $200,000 recreation bond financing item, which will not impact the tax rate, but it is an additional bond financing on top of the what has already been put in place for the proposed soccer field. There was no second to this motion. Trustee Santon made a motion to increase the special permit application fee from the proposed $200 as set forth in the resolution and increase it to $1000. Mr. Bradbury noted that a special permit requires a site plan, which carries a fee. There is currently no fee for special permit. Trustee Santon proposed to make it a separate fee, in addition to, of$1000. There was no second to the motion. Trustee Harris made a motion that the Board move to executive session. Trustee Goodman seconded the motion. TRUSTEE DEGLING VOTING NO TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE The Board excused themselves and went into an Executive Session at 9:15 p.m. Upon the Board's return, Mayor Filipowski reconvened the meeting at 9:47 p.m. Trustee Santon made a motion to amend the special permit application fee. He suggested that the fee go from $200 to $500. Mr. Beane noted that Trustee Santon was referring to the Home Occupation matters. He noted that it is not a lot merger or a subdivision. He felt that this additional fee was appropriate as this is a special permit that is up to the discretion of the Board. Mr. Carosi noted that there have been less than ten of these types of stand alone special permits per year. Trustee Harris seconded the motion. Board of Trustee Meeting April 22,2003 Page 12 of 24 Trustee Goodman asked for clarification. It was her understanding that currently there was no fee for special permits and that this motion places a $500 fee where there is now a $0 fee. Trustee Santon noted that this fee would not apply to Tier I Home Occupations. TRUSTEE DEGLING VOTING NO TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury reviewed the amendments to the tentative budget. He noted that there were three amendments made to the budget. The first was the $80,000 transferred to the GIS, the second was the increase in the permit fee, and the third was the new fee placed on special permit applications. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE CODE TO CREATE CHAPTER 213, STEEP SLOPE PROTECTION Mr. Bradbury read the resolution. On a motion made by Trustee Degling and seconded by Trustee Santon the following resolution was adopted: RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE CODE TO CREATE CHAPTER 213, STEEP SLOPE PROTECTION RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on May 13, 2003 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a local law to amend the Village Code Board of Trustee Meeting April 22,2003 Page 13 of 24 to create Chapter 213, Steep Slope Protection with regard to definition of and activities involving steep slopes. Trustee Degling felt that there was a problem with referring appeals to the Zoning Board of Appeals as the approval authority is either the Board of Trustees or the Village Engineer. Mr. Beane noted in order for the Board of Trustees to delegate to the Zoning Board of Appeals a standard would have to be set and the law would have to be amended. Ms. Timpone-Mohamed noted that there are municipalities that do delegate appeals to the Zoning Board of Appeals. If substantial changes are made to change the delegation process, then perhaps this area must be rethought and the appeals should be directed to the Board of Trustees. Mr. Beane noted that the law would have to be modified to not delegate to the Zoning Board of Appeals or to develop specific standards. This can be dealt with at the public hearing. Mayor Filipowski asked for the opinion of the Board. Trustee Santon felt that the Village Board should retain the authority. Trustee Degling agreed with Trustee Santon's view. The Zoning Board is not really directly involved with this law. Trustee Goodman felt that the entire appeal section should be removed. Trustee Harris agreed. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. AWARDING CONTRACT #03-03: REAR YARD RESIDENTIAL GARAGE COLLECTION SERVICES AND CURBSIDE COLLECTION OF TRASH/RUBBISH AN ORGANIC YARD WASTE Mr. Bradbury read the resolution. On a motion made by Trustee Degling and seconded by Trustee Santon the following resolution was adopted: RESOLUTION AWARDING CONTRACT#03-03 REAR YARD RESIDENTIAL GARBAGE COLLECTION SERVICES AND CURBSIDE COLLECTION OF TRASH/RUBBISH AND ORGANIC YARD WASTE Board of Trustee Meeting April 22,2003 Page 14 of 24 WHEREAS, the Village of Rye Brook has solicited bids for contract 03- 03 "Rear Yard RESIDENTIAL GARBAGE COLLECTION SERVICES AND CURBSIDE COLLECTION OF TRASHIRUBBISH AND ORGANIC YARD WASTE"; and WHEREAS, public notice was duly advertised in the official newspaper of the Village of Rye Brook on March 70', 120', and 190', 2003; and WHEREAS, over 70 bids were solicited and four bids were received by the due date of Wednesday, April 2, 2003 at 10:00 a.m., at which time all received bids were opened as summarized below; and BIDDER BID AMOUNT BID BOND ALTERNATIVE 1 ALTERNATIVE 2 1. C.R.P. Sanitation,Inc. $1,187,842.00 $1,807,000.00 Yes 2. Suburban Carting Corp. $1,590,000.00 $2,405,000.00 Yes 3. Tri-County Disposal $1,628,953.47 $2,480,261.70 Yes 4. Waste Management of NY no bid no bid - NOTE: Alternative I is a two-year contract;Alternative 2 is a three-year contract WHEREAS, upon reviewing the bids, the Village Administrator and Engineer have determined that it is in the best interest of the Village to choose Alternative 2, a three-year contract, and that the lowest responsible bidder meeting the requirements of the contract is C.R.P. Sanitation, Inc. for the three- year total bid price of$1,807,000; and WHEREAS, the Westchester County Solid Waste Commission has approved the request by the Village to enter into a three-year contractual agreement for solid waste collection services; NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract 903-03 "Rear Yard RESIDENTIAL GARBAGE COLLECTION SERVICES AND CURBSIDE COLLECTION OF TRASHIRUBBISH AND ORGANIC YARD WASTE" is hereby awarded to C.R.P. Sanitation, Inc. for the total bid price of$1,807,000.00; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. TRUSTEE DEGLING VOTING AYE Board of Trustee Meeting April 22,2003 Page 15 of 24 TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski noted that this is a tremendous savings for the Village. He thanked Mr. Bradbury for his hard work. 4. APPROVING CONTRIBUTION TO PORT CHESTER-RYE BROOK- TOWN OF RYE INDEPENDENCE DAY COMMITTEE Mr. Bradbury read the following resolution. On a motion made by Trustee Santon and seconded by Trustee Goodman the following resolution was adopted: RESOLUTION AUTHORIZATION OF FUNDS FOR THE 4TH OF JULY FIREWORKS DISPLAY TO BE PAID TO THE PORT-CHESTER-RYE BROOK-TOWN OF RYE INDEPENDENCE DAY OBSERVANCE COMMITTEE, INC. WHEREAS, the Port Chester-Rye Brook-Town of Rye Independence Day Observance Committee, Inc. will be hosting a 40' of July fireworks display on Friday, July 4, 2003, and WHEREAS, the Village of Rye Brook Board of Trustees would like to assist the Port Chester-Rye Brook-Town of Rye Independence Day Observance Committee, Inc. with this event; and BE IT FURTHER RESOLVED, that the Village of Rye Brook will pay three thousand dollars to the Port Chester-Rye Brook-Town of Rye Independence Day Observance Committee, Inc. for it's 40' of July fireworks display. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. DECLARING MAY 11-17, 2003 POLICE WEEK IN RYE BROOK Board of Trustee Meeting April 22,2003 Page 16 of 24 Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Goodman the following resolution was adopted: RESOLUTION DECLARING MAY 11-17, 2003 POLICE WEEK IN RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees wishes to participate in the National Police Week Program, which will serve as a reminder to every citizen in the community of the public service rendered by all branches of law enforcement. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby declares the week of May 11 - 17 as Police Week in the Village of Rye Brook, with an Open House from 9AM-IPM on May 17th and Peace Officers' Memorial Day on Thursday, May 15, 2003; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Police Chief to place a memorial wreath honoring deceased officers at our flag site in front of Village Hall on May 131h TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. CONSIDERING THE APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS Mr. Bradbury read the following appointments. On a motion made by Trustee Harris and seconded by Trustee Goodman the following resolution was adopted: RESOLUTION CONSIDERING THE APPOINTMENTS TO BOARDS, COMMITTEES & COMMISSIONS Board of Trustee Meeting April 22,2003 Page 17 of 24 APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Ed Kulik of 42 Meadowlark Road is hereby reappointed for a term that shall expire on the first Monday in April 2004; and be it FURTHER RESOLVED, that Joanne Citrin of One Old Oak Road is hereby reappointed for a term that shall expire on the first Monday in April 2004; and be it FURTHER RESOLVED, that Jon Horwitz of 15 Sleepy Hollow Road is hereby reappointed for a term that shall expire on the first Monday in April 2004; and be it FURTHER RESOLVED, that Jon Horwitz is hereby appointed Chairperson. APPOINTMENTS TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED, that Harvey Schiller of 26 Meadowlark Road is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Michael Siegel of 22 Pine Ridge Road is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Susan Porto of 15 Churchill Road is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it APPOINTMENTS TO THE AIRPORT ADVISORY COUNCIL RESOLVED, that Marcia Teschner of 6 Doral Greens Drive East is hereby reappointed for a three year term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Marcia Rogull of 65 Talcott Road is hereby reappointed for a three year term that shall expire on the first Monday in April 2006; and be it Board of Trustee Meeting April 22,2003 Page 18 of 24 FURTHER RESOLVED, that Robert Larick of 18 Bayberry Lane is hereby reappointed for a three year term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Alessandra Moskowitz of 10 Bell Place is hereby reappointed for a three year term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that James Striar of 6 Millenium Place is hereby reappointed for a three year term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Ira Kerner of 10 Legendary Circle is hereby reappointed for a three year term that shall expire on the first Monday in April 2006; APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD RESOLVED, that Edith Halpern of 23 Dorchester Drive is hereby appointed to fulfill the unexpired term of Domenic Accurso which will expire on the first Monday in April 2005; and be it FURTHER RESOLVED, that Richard Romm is hereby reappointed Chairperson APPOINTMENTS TO THE ETHICS BOARD RESOLVED, that Michael Stolzar of 19 Rockinghorse Trail is hereby reappointed to for a term that shall expire on the first Monday in April 2004; and be it FURTHER RESOLVED, that Michael Goldstein of 62 Bowman Avenue is hereby reappointed for a term that shall expire on the first Monday in April 2004; and be it FURTHER RESOLVED, that Barbara Bernstein of 5 Mark Drive is hereby reappointed for a term that shall expire on the first Monday in April 2004; and be it Board of Trustee Meeting April 22,2003 Page 19 of 24 FURTHER RESOLVED, that Robert Lewis of 16 Eagles Bluff is hereby reappointed for a term that shall expire on the first Monday in April 2004; and be it FURTHER RESOLVED, that Michele Mendicino of 9 Phyllis Place is hereby reappointed for a term that shall expire on the first Monday in April 2004; and be it FURTHER RESOLVED, that Michael Goldstein is hereby appointed Chairperson. APPOINTMENTS TO THE PLANNING BOARD RESOLVED, that Domenic Accurso of 10 Whippoorwill Road is hereby appointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Floyd Caplan of 4 Holly Lane is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that James Winter of 14 Boxwood Place is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Warren Agatston of 15 Paddock Road is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Warren Agatston is hereby appointed Chairperson. APPOINTMENTS TO THE RECORDS MANAGEMENT COMMITTEE RESOLVED, that the following individuals are hereby reappointed to the Records Management Committee for a term which expires on the first Monday in April, 2004: Francis L. Filipowski, Mayor Christopher J. Bradbury, Administrator Diane DiSanto, Treasurer Jean Gesoff, Senior Citizen Coordinator Board of Trustee Meeting April 22,2003 Page 20 of 24 Robert J. Santoro, Police Chief APPOINTMENTS TO THE TELECOMMUNICATIONS COMMISSION RESOLVED, that Ed Howe of 1 Whipoorwill Road is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Pete Sgro of 256 Betsy Brown Road is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Katie Wasserman of 33 Longledge Drive is hereby appointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Ed Howe is hereby reappointed Chairperson. APPOINTMENTS TO THE TRAFFIC COMMISSION RESOLVED, that Anthony Tempesta of 233 Treetop Crescent is hereby reappointed for a term that shall expire the first Monday in April 2006; and be it FURTHER RESOLVED, that Stanley Stern of 4 Doral Greens Drive East is hereby appointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Geri Kolok of 493 Franklin Street is hereby appointed to fulfill the unexpired term of James DiSanto which shall expire the first Monday in April 2004; and be it FURTHER RESOLVED, that Vincent Perito of 26 Brook Lane is hereby appointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Robert Riordan is hereby appointed Chairperson. APPOINTMENTS TO THE TREE & BEAUTIFICATION COMMITTEE Board of Trustee Meeting April 22,2003 Page 21 of 24 RESOLVED, that Meg Veith-Heib of 91 Valley Terrace is hereby appointed to fulfill the unexpired term of Floyd Caplan for a term that shall expire on the first Monday in April 2005; and be it FURTHER RESOLVED, that Roger Herman is hereby reappointed Chairperson APPOINTMENTS TO THE ZONING BOARD OF APPEALS RESOLVED, that Mark Harmon of 16 Hillandale Road is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Dorothy Roer of 50 Doral Greens Drive West is hereby appointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Mark Harmon is hereby appointed Chairperson. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski noted that the remaining positions would be filled at the next Board of Trustee meeting. 7. APPROVING OF MEETING MINUTES: As members of the Board were not in attendance at all of the meetings, Mayor Filipowski suggested that the summaries be taken separately. He called for a motion on the February 18th Grievance Day Meeting and the February 18th Special Meeting summaries. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the summaries were approved. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS RECUSED Board of Trustee Meeting April 22,2003 Page 22 of 24 TRUSTEE SANTON RECUSED MAYOR FILIPOWSKI VOTING AYE The next summaries before the Board were the March 11th and 25th meetings. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the summaries were approved. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE The next summary was March 19th. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the summary was approved. TRUSTEE DEGLING RECUSED TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS RECUSED TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury was called upon for a brief presentation. He noted that the Firehouse Ground Breaking Ceremony was scheduled for May 12, 2003. The Arbor Day Ceremony was scheduled for April 25, 2003 at 8:00 a.m. at the Beechwood Circle. He noted that construction schedules throughout the Village would be noted on the Village's website. Mayor Filipowski noted that there are still positions open on some of the Boards and Commissions. These openings would be listed on the Village's website. Any interested resident should contact the Village Administrator's office. Chief Santoro addressed the Board. He pointed out that the 40 mph speed limit on King Street has now been reduced to 35 mph. The new signs are up and everyone should be aware of this change. He also noted that during Police Week the Rye Brook Police Department would hold its open house on May 17th from 9:00 a.m. to 1:00 p.m. Mayor Filipowski asked if any members of the public wished to address the Board. There was no one. Board of Trustee Meeting April 22,2003 Page 23 of 24 Mayor Filipowski called for a motion for an Executive Session on litigation. On a motion made by Trustee Santon, and seconded by Trustee Harris, the Executive Session was scheduled. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE There being no further business before the Board, the meeting was adjourned at 10:20 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustee Meeting April 22,2003 Page 24 of 24