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HomeMy WebLinkAbout2002-02-12 - Board of Trustees Meeting Minutes APPROVED MINUTES Board of Trustees Regular Meeting February 1.2, 2002 at 7:30 p.m. SPECIAL MEETING/AGENDA MEE'T'ING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 12, 2002—7:30 PM ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: 1. Traffic Commission Update. 2. Firehouse Update. RESOLUTIONS: 1. Appointment of Recreation Assistant. 2. Authorizing Conditional Release of the Bellefair Performance Bond for the Retaining Wall. 3. Referring Application to Modify the Site Plan Approval for the Bellefair Senior Living Facility, 4. Entering into Emergency Medical Services Mutual Aid Plan. 5. Entering into an Inter-municipal Agreement with the County of Westchester Regarding the Selective Enforcement for Traffic Safety Grant for 2001 Through 2005. b. Amending Village of Rye Brook Employee Mileage Reimbursement Policy. 7. Appointment of an Acting Village Assessor. 8. Authorization to Approve Schedule of Bills Payable. 9. Referring Application to Modify the Site Plan Approval for Bellefair. 10. Approval of Minutes_ June 26, 2001 November 29, 2001 December 19, 2001 1 APPROVED MINUTES Board of Trustees Regular Meeting February 1.2, 2002 at 7:30 p.m. January 8, 2002 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1. Appointment to the Advisory Council on Parks and Recreation 2. Follow-up on Village Policy Regarding Encroachments on Village Properties and Re-consideration of Proposed 518/01 Resolution to Hire Licensed Land Surveyor for Various Surveys and Staking. 3. Review and Status of Wetlands Mitigation Plan for Red Roof Subdivision. 4. Various Issues relating to Pine Ridge/Red Roof Bali Field Project. 5. Follow-up on Friends of Rye Brook, Inc. and contributions for the benefit of Village Programs and Properties. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC. Next Trustees Meetings February 26, 2002 and March 12, 2002 Special Joint Meeting of the Village Board and the Planning Board February 14, 2002 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE-WEEK in advance of a meeting at (914) 939-1121 PRESENT: FRANCIS L. FILIPOWSKI,Mayor JODY H. BRACKMAN DONALD L. DEGLI:NG LAWREBCE A. RAND DEAN P. SANTON Trustees STAFF: Nicholas Ward-Willis --Village Attorney Christopher J. Bradbury—Village Administrator Ingrid Richards —Assistant to the Village Administrator Chief Robert J. Santoro —Chief of Police Victor G. Carosi,P.E.,Village Engineer Frederick .P. Clark - Village Consultant 2 r APPROVED MINUTES" Board of Trustees Regular Meeting February 1.2, 2002 at 7:30 p.m. William Gerety, Building Inspector Robert Bertolacci—Recreation Superintendent Gina Tarascio —Meeting Secretary 1. Pledge of Allegiance :Mayor Filipow,91d called the meeting to order and invited the :Board to join in the Pledge of Allegiance. 2. Roll Call Mayor Filipowski asked the Assistant to the Administrator to call the roll; a quorum was present to conduct official village business. .3. Traffic Commission Update At this time, Mayor Filipowski called for the first item on the agenda, a traffic commission update. This updated report was presented by Gerald Appelbaum, Chair of the Traffic Commission. Mr. Appelbaum addressed the board.and stated that a subcommittee was formed to discuss traffic issues within Rye Brook. Mr.Appelbaum stated that the committee is trying to come up with a comprehensive plan and that the subcommittee needs more time because one of its principal workers has had serious health issues. Mr. Appelbaum also stated that the commission is looking into approaching groups who have received subsidized public transportation. These groups include Westport and a town in Vermont. Mr. Appelbaum stated that if anyone has any ideas, the committee would gladly entertain them with open arms. The Board unanimously agreed to extend their time. 4. Firehouse Update Trustee Rand addressed the board and provided an update regarding the firehouse. Trustee Rand stated that they had their first organizational meeting of the firehouse construction committee on January 29th and that all members of the committee were present. Mr. Rand also stated that the firehouse committee has created four subcommittees: 1)Planning, ARB and Zoning 2) Traffic& Environment 3) Operations and 4)Legal, Trustee Rand explained that they did this so that each member of the sub- committees could go back to their perspective committees and keep them informed of where they are in the process. Trustee Rand stated that they are keeping all the committees informed as they proceed and they hope to bring this information to the community through updated meetings before the Board of Trustees. Trustee Rand also stated that volunteers from the village are welcome if they would like to become members of the subcommittee. Mr. Bradbury addressed the board and provided a timeline regarding the process and steps already in place. Mr. Bradbury noted that at the last meeting of the Firehouse Committee, it was decided that an RFP was to go out for an architectural and construction management firm. These RFP's have been mailed and responses are due on February 22nd. Mr, Bradbury expects to provide a recommendation to the full board in March. Mr. Bradbury also reported that regarding an environmental review, the village board was established as lead agency and that interested parties have 30 days to respond with the deadline being March 1". Mr. Bradbury noted that we have one response from Westchester County and that the state has not yet responded but if they don't respond by March 1't, we will be considered the lead agency. Mr. Bradbury reported that Part One of the Environmental Assessment form has been completed. Mr. 3 . r APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. Bradbury stated that the board will be receiving a proposal for a traffic study at one of the next two board meetings and that once the traffic study is completed,this will allow the village to continue and at that point, move ahead and proceed to the next step. Mr. Bradbury reported that once an architect and construction manager are on board, these firms will be working with the firehouse construction committee over the next eight months in working on the actual design. Trustee Rand stated that there was a preliminary discussion on the financing aspect and that the ability to obtain financing at a low rate would be beneficial for the village. Trustee Rand also noted that he would not be seeking re-election because one of his objectives was to get more involved in the firehouse construction. Trustee Rand stated that the Mayor and the board were kind enough to allow him to be on the committee and act as chairman. Trustee Rand also stated that he appreciates the fact that the community is built up of volunteers and to best serve the committee it is best not to be on the board and to be totally committed to the firehouse. Trustee Rand stated that this committee would come forth and provide updates to the board in March with respect to the process of the RFD's, etc. Trustee Santon requested that as a member of the Board of Trustees, before any RFP goes out,he would like to see these documents and have an opportunity for input before a decision is made. Mr. Santon stated that if the RFP did not have certain information in it, that as an individual trustee,he would like to have input. Mr. Santon questioned when the board is going to discuss,what the process is going to be, regarding the environmental review. Mr. Santon stated that he believes, the village should do a full DEIS. Mayor Filipowski stated that as the process continues and as we receive work back from F.P. Clark on what we have,we then could make a decision. Trustee Santon stated that we should have discussions about what the policy decisions are going to be, as we move forward with this project. Mayor Filipowski stated that Trustee Rand would speak to him about some of the things brought up at their meeting and asked Trustee Rand to reiterate what they talked about. Trustee Rand stated that this is an advisory committee like every other committee and final action will always be taken at the board of trustee level. Trustee Rand stated that we are not usurping and the power of the board is recognized.Trustee Rand stated that as far as the RFP goes, three members of the committee were present and they had input. And it was trade very clear at the meeting and a prior meeting that anybody who wants to see the RFP before it went out, it was there and available. Trustee Santon stated that he would like to request that no further RFD's or any documents of this nature go out until the full board has had an opportunity to review and have input. Trustee Santon stated that we should not have a firehouse ad-hoc committee going ahead and sending out documents. Mayor Filipowski stated that, that was not what was stated, and Trustee Santon should speak to them privately. 5. Appointment of Recreation Assistant Mr. Bradbury announced that the village is very pleased to recommend Mr.John Swick as Recreation Assistant. Mr. Swick has been working for the village for the last seven years. Mr. Swick worked in the recreation dept. as an assistant camp director, a recreation assistant and a head and assistant counselor. Mr. Swick is a valuable part of our recreational team and the children love him. Mayor Filipowski welcomed Mr. Swick aboard. In addition, 4 Id APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. Mayor Filipowski also welcomed Janice Kunicki to the recreation staff who is now working full-time in lieu of part-time. Mr. Swick addressed the board. and stated that he was very excited and looking forward to working with the recreation dept. Ms. Kunicki also thanked the board and stated that she enjoys working for the village. Trustee Brackrnan thanked both of them for their hard work and dedication. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: RESOLVED, that John Swick, of 128 North Regent Street, Port Chester, New York,is hereby appointed to the position of Recreation Assistant with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary for the position is $34,000 witl-i an effective start date of February 19, 2002 and a probationary period of 26 (twenty-six) weeks. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand_ Vothig Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 6. Authorizing Conditional Release of the Bellefair Performance Bond for the Retaining Wall Mr. William Gerety, Building Inspector addressed the board and stated that a couple of items need to be completed which were nominal and that the $3,000 is more than sufficient to cover these items. Mayor Filipowski asked Mr.Victor Carosi,Village Engineer if this was a nominal amount of money and if there was work}performed to reduce this. Trustee Brackman also asked Mr. Carosi, if the $3,000 is more than sufficient to complete the work: Mr. Carosi stated that the only work that remains is the grass, erosion fence,and slope and that this amount is more than enough to cover the work. On a motion made by Trustee Rand, and seconded by Trustee Degling the following resolution was adopted: WHEREAS, on September 25, 2001, the Board of Trustees of the Village of Rye Brook (`Board of Trustees") approvedthe relocation of approximately 800 feet of the retaining wall located in the rear yards of Lots 6.3-75 as shown on the approved site plan for the planned unit development ("PUD") known as Bellefair; and WHEREAS, the September 25, 2001 approval of the relocation of the retaining wall required Bellefair Home & Land. Company to provide a performance bond in favor of the Village in an amount and form to the satisfaction of the Village Engineer, the Village Building Inspector and the Village Attorney; and 5 APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7.30 p.m. WHEREAS, on or about October 5, 2001 Bellefair Land & Home Company, c/o Spectrum Skanska, Inc., submitted a performance bond in the amount of Two Hundred Three Thousand and no/900 ($203,000.00) Dollars for the construction and landscaping required to relocate the retaining wall,which amount and form were approved by the Village Engineer, the Village Building Inspector and the Village Attorney;and WHEREAS, a majority of the construction and Iandscaping to relocate the retaining wall as approved by the Board of Trustees by its September 25, 2001 resolution has been completed to the satisfaction of the Village Building Inspector;and WHEREAS, there is a minor amount of work to be performed in the spring to complete the improvements and landscaping as approved by the Board of'Trustees set forth in its September 25, 2001 resolution; and WHEREAS, Spectrum Skanska, Inc. has requested the release of said performance bond, NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Trustees hereby approves the release of the performance bond upon the condition that Spectrum Skanska,Inc. deposit the sum of Three Thousand and no/100 ($3,000.00) Dollars with the Building Department of the Village of Rye Brook by a check subject to collection,which sum shall be held until all landscaping and improvements associated with the relocation of the retaining wall behind Lots 63-75 in Bellefair are completed to the satisfaction of the Village Building Inspector;and it is further RESOLVED, that upon the Village Building Inspector's determination that the remaining landscaping and improvements associated with relocating the retaining wall behind Lots 63-75 in Bellefair have been satisfactorily completed, the Building Inspector shall authorize the return of the Three Thousand and no/100 ($3,000.00) Dollar deposit to Spectrum Skanska,-Inc.;and it is further RESOLVED, that if Spectrum Skanska, Inc. fails to satisfactorily complete the landscaping and improvements associated with the relocation of the retaining wall behind Lots 63-75 in Bellefair by June 15, 2002, the Building Inspector shall be authorized to use the Three Thousand and no/100 ($3,000.00) Dollar deposit to perform the remaining landscaping and improvements. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 7. Referrirn A lication to Modif the Site lan A roval for the Bellefair Senior Livin Facility 6 r APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. Mark Miller of Veneziano and Associates made a presentation to the board. Mr. Miller stated that there were minor site plan amendments associated.with a small adjustment in the blue print that actually resulted in a decrease of approximately 300 square feet. Mr. Miller has requested that the board refer this matter to.the planning board. Mr. Miller stated that he plans to appear before the planning board this Thursday and hopes to obtain their concurrence on Thursday. Mr. Miller stated that this is a minor amendment and the project is moving forward. Trustee Degling commented that he noticed in the plans, that there are elevators in the central portion of the building and questioned if they were any elevators in the extreme portions of the legs because it looks life a long way for the elderly. Mr. Michael Daly, President of Sterling Lincoln and owner of the property addressed the board and pointed out on the blueprint where the elevators were located. Mr. Daly explained that the elevators are in walking distance of about 150 feet which meet the code and requirements. Trustee Santon asked what the timetable for the start of construction is because he noticed sandbags barricading a driveway entrance off of Ding Street and was wondering if there is some sort of sediment and erosion problem on the site that needs to be addressed beyond putting sandbags on the driveway. Trustee Santon also asked if the ownership has changed. Mr. Miller addressed the board and stated that construction was prepared to start in a month, month and a half subject to the approval of the building permit. Mr. Miller stated that they are working very closely with the building inspector in terms of the soil erosion and that a good soil erosion plan is in place. Mr. Miller also stated that there has been no change in ownership since they first appeared before the board and there won't be. 'Trustee Santon commented that he was concerned about this driveway being utilized for construction activities and if the driveway has sandbags on it, vehicles will not be able to drive across the sandbags. Mr. Miller stated that at the last approved resolution it included minor modifications and an opportunity for them to address these issues and that there was a detailed soil erosion plan. Mr. Miller stated that they provided.the building inspector the appropriate information and dzat they should be fine. Trustee Santon asked Mr. Bradbury to clarify the issue of the IDA, and if the property is subject to the Westchester County Industrial Development Agency because they actually own the property now.Trustee Santon requested that we look into this with the county and find out what happened. Trustee Santon also asked where are we with the proposed pilot. Mr. Bradbury stated that he would provide the board a report on both of these issues. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: WHEREAS, on January 27, 1998, the Board of Trustees of the Village of Rye Brook ("Board of Trustees") adopted a Resolution granting, among other things, detailed site plan approval for a 168 unit senior living facility in the High Point Village ("PUD") now known as Bellefair; and WHEREAS,approval was granted after the submission of draft and final environmental impact statements for the project under the State Environmental Quality Review Act ("SEQRA") and the adoption of a Findings Statement on September 23, 1997; and 7 r APPROVED MV UTEs Board of Trustees Regular Meeting February 12., 2002 at 7:30 p.m, WHEREAS, on November 28, 2000, the Board of Trustees adopted a Resolution granting site plan amendment; and WHEREAS, thereafter construction commenced on a PUD project except for the senior living facility; and WHEREAS, FC Bellefair,LLC has made an application for a minor site plan amendment to the previously approved plans for a senior living facility located on the West side of King Street at the Southwest corner of the Intersection formed by King Street and Lincoln Avenue within the PUD,Tax Parcel Section: 1, Block: 3, Lot: 1.250;and WHEREAS, the applicant stated that the proposed amendments to the site plan regarding the senior living facility are limited to minor changes in the footprint driven by architectural aesthetics,which result in a net decrease of the total footprint of the building; and WHEREAS, the applicant stated in its application that the proposed amendment,in its opinion, is minor in nature and requested that the Board of Trustees and Planning Board concur with such conclusion and waive th e full procedural requirements of the Zoning Code;and WHEREAS, � 250-(7)(E)(4) (c) of the Village of Rye Brook Zoning Code permits the Board of Trustees with concurrence of the Planning Board to waive the full amendment procedural requirement where both Boards concur that the proposed amendment is minor in nature. WHEREAS, the Village of Rye Brook Architectural Review Board at its January 16, 2002 meeting approved the exterior modification presented by the applicant. NOW, THEREFORE, BE IT RESOLVED,that the Board. of Trustees of the Village of Rye Brook declares itself lead agency for the review of the subject application; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Planning Department of the County of Westchester and to the Planning Board and Planning Consultant for a report and recommendation;and BE IT FURTHERRESOLVED, that the applicant shall deposit the sum of Five Thousand and No/100 ($5,000.00) Dollars and such additional amounts as may be requested in the Village of Rye Brook environmental review/professional fees escrow account to defray the costs of the review of die application. TRUSTEE BRACKMAN VOTING AYE APPROVED AlVWTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE. 8. Referring Application to Modify the Site Plan Approval for Bellefair. Kevin McManus from Spectrum Skanska addressed the board and stated that they have submitted a set of plans along with a letter report that identified some half a dozen minor changes that were made during the construction process. Mr. McManus dhen pointed out the changes. One of the changes was that they removed and did not construct a walking trail due to slope conditions on the hill. Mr. McManus stated that is was virtually impossible to construct because during the construction process, stabilizing the hillside with a 50% slope it would have been virtually unwalkable. Mr. McManus stated that the second modification: is relocating the portion of the access trail to the pond. Mr. McManus stated that they've moved it so that it is now a gentler grade, stays off the individual properties and provides better access. The third change was an addition of a significant retaining wall. This change was the modification to the common driveway located at Reunion Road and Milestone Road. The fourth modification was the addition of a berm that is parallel to King Street. It was located primarily to provide additional screening for those houses along King Street. The last change was a modification to the property line that is located at the common wall. This property line needs to be shifted. Mr. McManus stated that with these,they were hoping to proceed to the Planning Board and get back to the board after the Planning Board's approval. Trustee Santon raised a question regarding the trails and paths and the problem that the trails went over private property. Trustee Santon is concerned that it seemed to be that it was intended to be a connector from Bellefair Road up to Parade Court. Mr. McManus stated. that there is nothing we can do if we can't build it because of private property. It would not function as it was intended, because it doesn't provide for pedestrian access from Highpoint Circle from Bellefair Road. Trustee Santon asked in terms of the berm does the berm impact the property lines. Mr. McManus stated that no, the berm is located well beyond the property line. Trustee Santon noted that on the site plan there is a series of two gates. One is on the HOA property, right near the construction trailer and the other one is at the end of the property, on village property now. Trustee Santon asked if at the Lincoln Avenue emergency access road, if it was their obligation to put in the gate that is actually now on village property. Mr. McManus stated that it is appropriate to provide a gate so people don't park in the emergency access road and that they have volunteered to do this. Mayor Filipowski commented regarding the driveway on Reunion and Milestone. Mayor Filipowski stated that he believes this has to be discussed and resolved so that when we go to the planning board, there is nothing uncovered. Mr. Bradbury stated that he would like to see this whole issue resolved and discussed by the planning board. Mr. Bradbury believes driveway makes sense where it is. Mayor Filipowski stated that they need to try and satisfy everyone while it may not be totally possible, the village has to be considerate of the dilemma that was caused at that intersection. Perhaps, some kind of movement of street sign or something may help out. 9 APPROVED IH Y ILl d ES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. Mr. Mark Miller requested that at the village board meeting on the 26'they had a discussion regarding bond reduction. Mr. Bradbury stated that they are looking into agenda items for the 26h, and that this would be fairly appropriate assuming we get to that point. Trustee Santon raised two issues regarding the bond reduction. The two issues are:what work is going to be done on the Lincoln Avenue roadway surface and ghat can the village expect to be done on Lincoln .Avenue. Trustee Santon stated that we have issues regarding residents of Greenwich where water is allegedly traveling across King Street into Greenwich properties. Mr. Bradbury stated that this will be discussed at the next board meeting and that one piece of this discussion is what work is expected to be outstanding along with any outstanding issues. Trustee Santon asked from a village standpoint, has there been any activity. Mr. Bradbury stated that Mr. Rotfeld is working on the drainage issue that involves Greenwich and that we are working with Mr. Rotfeld with what type of costs we can expect to finish the work. Mr. Bradbury noted that the Village and our consultant have been working and looking at the drainage issue. Mayor Fihpowski stated that there will be no bond reduction until this issue is resolved and clarified. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution has been adopted: WHEREAS, on January 27, 1998 the Board of Trustees of the Village of Rye Brook adopted a Resolution granting subdivision approval, detailed site plan approval, special permit approval and wetlands permit approval for the development known as Highpoint Village and subsequently known as the Bellefair Subdivision; and WHEREAS, Spectrum Skanska., Inc. has made an application to amend the approved site plan to account for modifications that occurred during the construction process, which modifications are detailed in a letter to the Village of Rye Brook dated February 7, 2002;and WHEREAS, the applicant stated that the proposed amendments, in its opinion, are minor in nature and requested that the Board of Trustees and Planning Board concur with such conclusion and waive the full procedural requirements of the Zoning Code;and WHEREAS, 5 250-(7)(E)(4) (c) of the Village of Rye Brook Zoning Code permits the Board of Trustees with concurrence of the Plannuig Board to waive the full amendment procedural requirement where both Boards concur that the proposed amendment is minor in nature. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself lead agency for the review of the subject application;and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Planning Department of the County of Westchester and to the Village of Rye Brook Planning Board and Village of Rye Brook Planning Consultant for a report and recommendation. 10 P) F'Pv MVVUTES Boafd of Trustees Regular Meeting February 1.2, 2002 at 7:30 p,m. TRUSTEE BRACKMAN VOTING.AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE, TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9. Entering into Emergency Medical Service Mutual Aid flan On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: RESOLVED, that the Village of Rye Brook authorizes the Port Chester/Rye/Rye Brook Volunteer Ambulance Corp. (the"VAC") to participate in the Westchester County EMS Mutual Aid Plan and agrees that the VAC will recognize a call for assistance through the Westchester County Emergency Communications Center(60-Control) and will comply with the provisions of such plan as now enforced and as amended from time to time, and certified by the Westchester County EMS Counsel through the County EMS and Emergency Service Coordinators and that no restrictions exist against "outside service"by the VAC within the meaning of§ 209 of the General Municipal Law, which would affect the power of the VAC to participate in such a plan, BE IT FURTHER RESOLVED,that a copy of this Resolution be filed with the County EMS and CAD Coordinators and provided to the VAC. BE IT FURTHER RESOLVED, that this Resolution shall not take effect until The City of Rye and Village of Fort Chester adopt a Resolution authorizing the VAC to participate in the Westchester County EMS Mutual Aid Plan. BE IT FURTHER RESOLVED,that the billing policies for the VAC is to bill the patient, the patient's Insurance Company, and other(P party) Insurance. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 10. Entering into an Inter-municipal A Bement with the County of Westchester regarding the Selective Enforcement for Traffic Safety Grant for 2001 through 2005. Trustee Degling noted that in the agreement there is no reference to cell phones and believe the current law should include cell phones and driving. Mr. Bradbury stated that he would advise Westchester County regarding this issue and it is a good suggestion as a program requirement. tt 1 APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: WHEREAS, Westchester County receives grant funds from the New York State Governor's Traffic Safety Committee each year to administer a program of selective enforcement for Traffic Safety; and WHEREAS, Westchester County desires that the Village of Rye Brook participate in the program in order to reduce the rate of preventable traffic accidents and fatalities in Westchester County by increasing public awareness through traffic safety enforcement; and WHEREAS, the Village of Rye Brook desires to participate in the Westchester County Selective Enforcement for Traffic Safety Grant Program, NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an Intermunicipal. Agreement with the County of Westchester for Selective Enforcement for Traffic Safety Grant for 2001 through 2005; and BE IT FURTHER RESOLVED,that the Mayor is authorized to sign all necessary documents to implement the Intermunicipal Agreement. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 12 APPROVED MdNUTEIV Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. 11. Amending Village of Rye Brook Employee Mileage Reimbursement Policy "Trustee Rand inquired as to how many village vehicles does this cover. Mr. Bradbury stated that there were very few and that this is for employees who go on a conference,to the bank, etc. Trustee Rand asked about how many miles per year are used for this expense. Mr. Bradbury stated it is a very nominal amount because very few employees use this. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: WHEREAS, the Village presently reimburses its employees twenty-eight ($0.28) cents per mile when an employee uses a private vehicle for Village business when a Village vehicle is unavailable; and WHEREAS, the 2002 IRS mile reimbursement rate is $0.365 per mile and gas prices have increased since Rye Brook last modified its reimbursement rate; and WHEREAS, it is customary for employers to reimburse their employees for business use of personal vehicles at the standard IRS mileage reimbursement rate. NOW, THEREFORE, BE IT RESOLVED, that for mileage incurred after February 12, 2002, the Village of Rye Brook will reimburse its employees at the prevailing Internal Revenue Service mileage reimbursement rate when private vehicles are used for authorized Village business when a Village vehicle is otherwise unavailable. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 12. A�ppointmcnt of an Acting Villa=Assessor Mr. Bradbury stated that William L. Wendlandt, Assessor for the Town of Rye has retired and that the village is appointing Mitchell Markowitz as acting assessor to the Village of Rye Brook. Trustee Rand asked that since Mr. Markowitz also serves on our planning board, is this a conflict of interest or a problem. Mayor Filipowski stated that the ethics board is reviewing this issue. Trustee Santon asked if this in anyway from a legal standpoint impacts the village's tax roll that was just prepared for February I", because now we are after the fact appointing an assessor. Mr. Ward-Willis,Village Attorney addressed the board and stated that since it was an official act of the town, there is no impact on the assessment roll. On a motion made by Trustee Rand, and seconded by Trustee Degling the following resolution was adopted: 13 APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m, WHEREAS, William L. Wendlandt, Assessor for the Town of Rye retired effective December 31, 2001;and WHEREAS, the Town Board of the Town of Rye appointed Mitchell Markowitz, a Rcal Property Appraiser,who resides at 26 Mohegan Lane, Rye Brook New York 10573 as the Acting Assessor of the Town of Rye, effective January 1, 2002,pursuant to Section 314 of New York State Real Property Tax Law. NOW,THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby appoint and designate Mitchell Markowitz as the Acting Assessor of the Village of Rye Brook, New York effective January 1, 2002;and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute all documents necessary to implement this resolution; and BE IT FURTHER RESOLVED, that the Village Clerk shall forward a copy of this Resolution to the Town of Rye. TRUSTEE BRACKIVMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 13. Authorization to Approve Schedule of Bills Payable Trustee Santon asked Mr. Bradbury to clarify the following: 1) what some of the invoices are for ELQ Industries 2) Is this the extent of the bilis 3) What are the prospects of insurance coverage-or 3ra party liability regarding the sewer main break and if this was going to the sewer account. Mr. Bradbury explained that the funds that are included here are for costs incurred and that the village does not expect to get reimbursed by anyone. Mr. Bradbury also noted that this was paid through the sewer account and that these are part of the bills and they have one other vendor that they expect a bill from. Mr.Bradbury also noted regarding a third party claim, the village will not be getting reimbursed.'Trustee Santon questioned the $118,000 portion. Mr.Bradbury stated that this was for work done on Valley Terrace. Trustee Santon asked if this was part of the bid work. Mr. Bradbury stated that it was part of the bid work. Mayor Filipowski was concerned that the handicap accessible sidewalks on Ridge Street have not been made handicap accessible. Mayor Filipowski stated that this issue needs to be addressed and it is important it gets resolved. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following Resolution was adopted: 14 APPR 0VED MIIVUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. WHEREAS, the enclosed Schedule of Bills Payable representing payment for services rendered, have been submitted to the Treasurer's Office for payment and review, and have been certified by the Village Administrator. NOW, THEREFORE, BE 1T RESOLVED, that this Board hereby approves payment of the enclosed claims and authorizes payment thereof. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FII.IPOWSKI VOTING AYE 14. Approval of Minutes There were minor grammatical and spelling adjustments made to the below minutes: Tune 262001 — Trustee Brackrnan was not at this meeting, therefore she could not cast a vote. November 29, 2001 December 19, 2001 Tanuary 8, 2002 The board unanimously approved the mimites. 15. Discussion —A ppointment to the Advisory Council on Parks and Recreation Mr. Gerry Appelbaum, Chair of the Traffic Commission addressed the board and stated that someone from the board had sent the traffic commission a note and asked if they would consider making some recommendations for parking at Pine Ridge Park. Mr. Appelbaum stated that on two separate occasions, a number of members of the committee and himself visited the park on various days. Mr. Appelbaum stated that an initial suggestion for additional parking was behind the basketball backdrop which would be a disruption and involve the cutting down of trees. Mr.Appelbaum stated that they would like to avoid any tree cutting. Mr. Appelbaum then pointed to an area where there is extensive wetland and a drainage ditch which is quite deep and protruding in certain areas. The two remaining areas which were left, one was out in the open by the road and a number of residents in the area approached us an indicated that a lot of children play and it would not be wise to put parking there. Mr. Appelbaum suggested that the only logical place to obtain more parking is to remove one tennis court which would provide 26 more parking spaces. Mr.Appelbaum stated that in his observation, the tennis courts are not being used to the extent that they 15 APPR 0VED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. were before. In addition, this parking lot could also be marked for roller hockey use or other uses when the parking lot not in use. Mr. Appelbaum stated that this was their recommendation and that was the least disruptive way of gaining 26 more spaces without a lot of expense. Trustee Brackman asked the traffic commission whether or not they can recommend parking on the Red Roof Drive cul de sac. Mr. Appelbaum stated that they did review this and they felt that parking on the cul de sac would be desirable once the path way was cleared. Mr. Appelbaum stated this would alleviate some of the burden for the residents who live on Mohegan Lane where all the parking was taking place and the burden would be shared if some of the parking was there and people could walk in on the footpath. Trustee Brackman stated that she believes the village just spent money to resurface these two courts. Mr. Appelbaum stated that this wasn't the court they were speaking about. Mr. Bertolacci, Superintendent of Parks and Recreation stated that the two tennis courts that they resurfaced were the ones closer to the basketball courts. Mr. Bertolacci stated, the ones Mr. Appelbaum are talking about are the ones near the retention pond. Trustee Brackman stated that she is opposed of getting rid of the tennis courts. Mr. Bradbury stated that the tennis courts are always in use. Mr. Bertolacci stated that Blind Brook High School does utilize our parks and that the JV teams do practice at Pine Ridge Park. Trustee Santon stated that we needed to address the parking situation. Mr. Santon noted that when the board voted on October 23' for the resolution on this project,he was concerned that the parking was not addressed and believes that any future action should be done with the recreation council because for example, our board may be considering in the near future,what to do with Harkness Park and turning it into a community center and some of the discussions was to use the tennis courts. Mr. Santon stated, if we are contemplating replacing any of those courts with a community center building, these Pine Ridge courts may serve to be more valuable than ever. Trustee Santon stated that that we need to address whether parking is going to be on-site or off site. Mr. Mickey Marks, 18 Mohegan Lane, Rye Brook resident addressed the board and commended Mr. Appelbaum and his committee for the most logical recommendation. Mr.. Marks stated that this entire neighborhood is a family neighborhood and the village should mitigate the parking and have parking everywhere and not to bottleneck the parking in one specific area. Mr, Marks commented that the developer did not leave enough land for parking. Mr. Marks suggested that residents should be parking at a larger public facility like the school and taking a shuttle bus back and forth to the games and that this is something to consider. 16. Review and Status of Wetlands Mitigation Plan for Red Roof Subdivision Trustee Santon stated that when the Red Roof subdivision was approved in 1998 it was subject to a wetland mitigation plan and involved a process by the US Army Corp. engineer granting approval. Mr. Santon stated that there were two wetlands identified on the 22-acne Red Roof property. One was .65 acres where five or six homes around the cul de sac are located which is a large circular area and it was what they called a wet meadow.There was also a pie shaped area about 1460 square feet that was at the northern boundary. Mr. Santon asked what happened to the pie shaped wetland,because it is very clear that the intention was that the developer couldn't build the project if he had the wetlands right in the middle of where he wanted to build these hornes. Essentially it was transferring a pre- existing wetland area and creating a new one,what they call a wetland mitigation area or the l6 APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. retention pond. Mr. Santon stated that the .37-acre retention pond. area is immediately adjacent to where home plate is now located and his concern is twofold: 1. the developer is not in compliance with the wetland mitigation plan and that the work is not yet complete. Also, did the permittee (Red Roof Farm LLC,the Jason Greens entity transfer his permit to the current developer who actually built the project. 2. Since the time the village took possession of this property in May of 1999 through a parkland dedication,now the subject wetlands are on village owned property. How does this complicate matters, if at all? Trustee Santon stated that the wetland mitigation work is incomplete and is now on village owned property not on private property. In addition, Mr. Santon doesn't know what happened to the pie shape parcel at the northwest corner and it is not clearly identified as being folded into the new retention pond. Mr. Santon stated he is concerned about this and if we can find out who is responsible amongst all the parties, the village and property owner, the current developer and the original permittee under the Army Corp. permit and what the status is. Mr. Ward-Willis addressed the board and stated that this issue is not being discussed by the Village Attorney. Mayor Filipowski requested that Mr. Carosi review this matter and report back to the board. Trustee Santon pointed out that as part of the approved resolution in Sept 1998, it was stipulated that the village wetlands pennit,not the army corp. permit was for three years. Mr. Santon noted that it appears that the permit the developer took out in 1998 had expired which is another issue to review. Trustee Santon reiterated his other concern about what ever happened to the pie shaped wetlands area and is the village building a ball field on wetland. Trustee Santon noted that we need to look into the boundaries of the wetland mitigation area of the retention pond because it looks very close to where home plate and the first base bleachers are. Trustee Santon stated that two property owner lots have restricted, no disturbance zones which are part of the wetland mitigation plan. Mr. Santon asked what has the village done to be sensitive to that wetland project. Mayor Filipowski stated that Mr. Carosi would provide a full report on this and get back to the board. Mr. Ken Heller, 22 Lincoln Avenue, Rye Brook resident addressed the board and asked what is the impact on the wetland area in relation to the ball field. Mr. Heller stated that the retention pond may not do the job and is insufficient and the village will have more water problems. Mr. IIeller noted that the board is not taping into consideration the impact on this wetland. Mayor Filipowski stated that they will look into this issue. Mr. Mark Rosenberg, 15 Mohegan Lane, Rye Brook resident addressed the board and stated that he was glad to see this item on the agenda. However, he was very disappointed that the village does not know if they own it or not and if they were responsible for the upkeep. Mr. Rosenberg questioned that this wetland has been here for three years and the village doesn't know anything. Mr. Rosenberg also asked if the decision to put home plate was final. Mr. Rosenberg stated that there has been a tremendous lack of oversight and doesn't believe concerns have been addressed. Mayor Filipowski stated that they have heard their concerns and will address them. Mr. Bradbury addressed the board and stated that many of questions were asked tonight and the village staff wants to review these questions. Mr. Bradbury stated that it is the village's 17 APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. property and that the developer needs to do additional work. Mr. Bradbury stated that they arc aware of these issues and need to obtain a more detailed report. Trustee Santon questioned that if the pie shaped wetland was being transferred or disposed of why does it show up on every construction drawing and subdivision plot map. Mr. Santon's concern is did the village just bulldoze over a wetland area or was that dealt with under the wetland mitigation plan. Trustee Santon stated that the plans need to be compared and evaluated. Mr. Norman Flitt, 2 Red Roof Drive,Rye Brook resident addressed the board and requested that when the board reviews this issue regarding the water retention area that the village addresses the local residents' concerns in maintaining that arca. Mr. Flitt noted that over the last year nothing was done and they really need to have a long-term plan. Mayor Filipowski stated that they will have that for them Mr. Tom Telesca, 3 Red Roof Drive, Rye Brook resident addressed the board and stated that his concern is the bleachers that are right next to the wetland mitigation area. Mr. Telesca stated that he would like to relocate the bleachers because of the debris and garbage that will be collecting there and.the environmental impact with the wetland mitigation area. Mayor Filipowski stated that they will cover these issues as well. At this time, Mayor Filipowski requested an appointment to the Advisory Council on Parks and Recreation. This position was vacated and Mr. Kevin Treacy would like to be on the board. Mayor Filipowski requested that this item be placed. on the agenda for 2/26`x' and that this will bring the Advisory Council of Parks and Recreation back to a full staff. Trustee Santon commented that they did receive a letter on January 7th from a resident interested in this position and would like to discuss all individuals who are interested. Mayor Filipowski stated that is it the Mayor's appointment, and that Mr. Treacy sent me an e--mail and a fax quite a while back to ask to be on this council. 17. Follow-up on Village Policy Regarding Encroachments on Village properties and Re- consideration of Proposed 5/8/01 Resolution to Hire Licensed Land Surveyor for Various Surveys and Staking Mr. Santon discussed encroachment matters regarding certain areas in the village and stated that every piece of parkland has encroachments. Mr. Santon requested that the Board consider and modify their resolution of May 8'2001 and hire a surveyor for Rich Manor Park. Mr. Santon also stated that Red Roof needs a boundary clarification on the northern perimeter where the stonewall is and suggests the board review for the next meeting. Mayor Filipowski stated in order to obtain the property description, surveying had to be done. Mayor Filipowski noted that as a board, they voted to review the costs for surveys and that they are waiting on the costs and then they will move forward and deal with encroachments that need quick attention. Mr. Bradbury noted that one quote was received. Mr. Victor Carosi addressed the board regarding all the park issues and stated that they have a limited staff, therefore they have been focusing on Rich Manor Park issues. Mr. Carosi stated that they are seeking quotes from three surveyors and evaluating numbers which have 18 APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. come in. These numbers should come in around $3,500 or so which will provide village and private property lines along Ridge Manor Park and Rockridge Drive. Mr. Carosi stated that they will focus on Ridge Manor Park—western property and that they haven't addressed the opposite side yet but will move forward on it. Mr. Carosi stated that the $3,200 is for the Rock Ridge side only. Mr. Carosi noted that the board should expect a report from his office next week clarifying what they have examined. Trustee Rand stated that Rock Ridge needs more immediate Focus and asked if that is where they are. Mr. Carosi explained that they are examining the Rock Ridge side for encroachments. Mr. Bradbury clarified that Elm Hill has been addressed and that the property survey has been performed and the residents were notified. Mr. Bradbury stated that they are working on encroachment issues.Mayor Filipowski stated that Mr. Bradbury will provide a full picture of Ridge Manor Park and get a cost estimate.Trustee Santon stated that there is no perimeter survey for Red Roof ball field and if one exists,he would like to receive a copy. Mr. Carosi noted that he would get back to Trustee Santon after he reviews his files. Trustee Santon stated that they need to evaluate all parklands with a sense of priority and evaluate them uniformly. Trustee Degling stated that they must keep in mind that there are priorities and that the village can't do everything at once. Trustee Degling also stated that we should not ask Mr. Carosi to deal with G or 8 parks at once,we should prioritize and take first things first and eventually we will do the rest. Trustee Brackman noted that Trustee Santon raised a very thorough issue at Rich Manor Park and the village should move forward with surveys on Rich Manor Park. However, some of the encroachments are not as serious and we must prioritize issues. Trustee Santon stated that the Red Rood ball field is a$500,000 project, and we do not have a perimeter survey. Trustee Santon noted that if we do not have a perimeter survey,he believes we should find out and know where the boundaries are and would like the board to reconsider that. Mayor Filipowski noted that it will be reconsidered at that time. 18. Various Issues relating to.Pine.Ridge/Red.,Roof Ball Field Project Trustee Santon addressed the board regarding the current orientation of the ball field. Trustee SantQn is concerned about the ball field orientation and residents who raised some safety issues. Trustee Santon asked how were these safety issues addressed. Trustee Santon stated that he is also concerned about conflicting information made by the architect with the sun impact and if the board has fully addressed the foul balls into Mr. Telesca's property. Trustee Santon requested an update from Mr. Bradbury since the 10/23/01 resolution. Mr. Bradbury stated that the risk manager was to address the safety concerns that were raised on this project and that the changes that have been made !-lave met all of the safety issues. Mr. Bradbury stated that the following changes were made: moved the back stop closer to the batter, extend a fence beyond the first base path and install additional safety screening along Mr. Telesca's property. Mr. Bradbury also noted that they rotated the field 5 degrees with an additional 3 degrees away from the closest house on Red.Roof Farm. This would be a total of 8 degrees rotated from the closest house on Red Roof Farms. Trustee Brackman stated that Trustee Santon raised a question about the preference of the architect of the held and that she had a copy of a memo faxed to him on Feb. 4' that states that in fact the preferred placement of the home plate is so that the batter is facing east 19 APPROVED MINUTES Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.m. to northeast which was apparently from a design standard book. Mayor Filipowskd asked Mr. David K vinge, Village Consultant to clarify the situation. Mr. Kvinge addressed the board and stated that yes, the current standards are for an east-northeast orientation from home plate. Mr. Kvinge also stated that he can provide copies of some of the sources for this. 19. Miscellaneous Items Mayor Filipowski stated that the Hoffman subdivision public hearing item has to be adjourned to March 12th because there are some issues that need to be clarified. Trustee Santon is concerned about the applicant's lack of responsiveness. Trustee Santon stated that he would like to see a plan on the project and all the revisions to these drawings as well as the drawings from the last meeting. Trustee Santon stated that the applicant must be responsive or the Board should deem the project to be abandoned. Mr. Bradbury stated that Mr. Hoffman submitted a book of statistical data and that photograph renderings have not been submitted. Mr. Bradbury noted that the village needs to make sure that Mr. Rotfeld's office is comfortable with the drainage issue and recor mends not to have this hearing on 26h as to give Mr. Rotfeld's office time to review.Trustee Brackman stated that she objects to this discussion and that these type of comments should be made at the public hearing. Mayor Filipowski suggested adjourning this issue to March 12'' if the applicant provides us everything they need. Trustee Santon stated that this should be adjourned to our regular meeting on March 2& so that we don't start placing public hearings on our agenda meeting night. Mayor Filipowski stated that this will then be adjourned to Mardi 26'. Mayor Filipowski requested that on February 19`s they have a work session to discuss the Capital Improvement Program and also some information on sidewalks. Trustee Rand noted that the firehouse construction committee would probably have a second tentative meeting on March 5" to review and prepare information and then approach the full board by the meeting of March 12t". Trustee Rand noted that the meetings of the firehouse committee are always open to the public. Mr. Bradbury stated that he would like to alert the board to two other issues that may arise. One is the snow and ice agreement with Westchester County which will probably be on February 260' and the other is the Bowman Avenue project is picking up. 20. Follow-up on Friends of Rye Brook, Inc. and contributions for the benefit of Village programs and Properties. Trustee Santon stated that an anonymous donation was given to Friends of Rye Brook, Inc. and that this donation was accepted with conditions. Will we be able to meet those conditions? Trustee Santon requested a policy discussion. Mr. Ward-Willis, Village Attorney addressed the board and stated that W. Edward F. Beane, Village Attorney has spoken to Trustee Santon about this issue. Mr. Ward-Willis stated that even with these restrictions, it is in compliance with the IRS Regulations. Trustee Rand was concerned about restrictions being so narrow that would benefit the homeowner but restrictive donations are permitted as long as they don't benefit a particular resident. Trustee Santon asked when can the directors of Friends of Rye Brook, Inc. meet to discuss this specific donation and any other donations. Trustee Santon stated that they need to have some policy discussions. 20 APPR 0VED MINUTEV Board of Trustees Regular Meeting February 12, 2002 at 7:30 p.in. Mayor Filipowski stated that they we will have a policy meeting on the February 19"'. at 7:00 p.tn. 21. .hnouncements Mayor Filipowski announced the following: ■ Grievance night February 19"' ft-om 5 to 9 p.m. ■ Next Board of Trustees mecting is February 26"' and March 12th 22. Adjournment Meeting adjourned at 10:15 p.m. Itespectfully Submitted, Christopher J,�ra.dbury Village Clerk 21