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HomeMy WebLinkAbout2002-06-11 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK Board of Trustees Meeting Village Hall, 938 King Street Tuesday, June 11, 2002 — 7:30 p.m. EXECUTIVE SESSION: 6:30 p.m. -- Personnel, PILOT, Litigation ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1. CONSIDERING A LOCAL LAW TO ESTABLISH A SIX MONTH MORATORIUM ON THE ISSUANCE OF PERMITS AND APPROVALS IN THE R-12, R-15, R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE CORRIDOR 2. CONSIDERING THE APPLICATION FOR THE GRANT STREET SENIOR HOUSING AMENDED SPECIAL USE PERMIT AND SITE PLAN APPROVALS, SECTION 1, BLOCK 28, LOT 9 RESOLUTIONS: 1. AUTHORIZING ADOPTION OF LOCL LAW REGULATING, FOR AN INTERIM PERIOD, THE APPROVAL OF SUBDIVISION PLATS, PROJECT DEVELOPMENT PLANS AND SPECIAL USE PERMITS IN THE 4-12, R-15 AND R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE CORRIDOR WITHIN THE VILLAGE OF RYE BROOK 2. AMENDING SPECIAL USE PERMIT AND SITE PLAN APPROVALS FOR GRANT STREET SENIOR HOSUING, SECTION 1, BLOCK 28, LOT 9 3. AUTHORIZING THE VILLAGE ADMINISTRATOR TO FILE A GRANT APPLICATINO FOR THE PROPOSED VILLAGE Board of Trustee Meeting June 11,2002 Page 1 of 36 SOCCER/SOFTBALL FIELD LOCATED ON KING STREET, SECTION 1, BLOCK 1, LOT 7 4. ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED FIREHOUSE LOCATED AT 940 KING STREET 5. AWARDING CONTRACT #02-02: LINCOLN AVENUE ROAD RECONSTRUCTION IMPROVEMENTS 6. AWARDING CONTRACT #02-04: STREET LIGHT AND TRAFFIC SIGNAL MAINTENANCE AND REPAIR 7. APPROVING 2ND NNUAL VALLEY TERRACE BLOCK PARTY ON SATURDAY, SEPTEMBER 14, 2002 8. AUTHORIZING REMOVAL OF TREES IN VILLAGE RIGHT OF WAY ALONG ROCK RIDGE DRIVE 9. APPROVING MEETING MINUTES: JULY 24, 2001, AUGUST 14, 2001, AUGUST 28, 2001 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1. VARIOUS ISSUES RELATING TO RECKSON OFFICE PARK AND/OR STAN WICH SCHOOL APPLICATION AT 1100 KING STREET 2. STATUS OF VARIOUS UTILITY EASEMENT MATTERS 3. STATUS OF ENCROACHMENTS ON VILLAGE PROPERTIES 4. STATUS OF PINE RIDGE/RED ROOF FARM BALL FIELD PROJECT AND RED ROOF FARM SUBDIVISION DEVELOPMENT MATTERS 5. RESOLUTION CONCERNING BOARD OF TRUSTEES PROCEDURES Board of Trustee Meeting June 11,2002 Page 2 of 36 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC CONVENE PRESENT: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald Degling Trustee Carol Goodman Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Mr. Ed Beane, Village Counsel David S. Kvinge, RLA, AICP, Village Consultant Victor Carosi, Village Engineer William Gerety, Building Inspector Robert Santoro, Police Chief Robert Bertolacci, Superintendent of Recreation & Parks Paula Patafio, Meeting Secretary Mayor Filipowski called the June 11, 2002 Board of Trustee Meeting to order at 8:00 p.m. The meeting began with the Pledge of Allegiance. Mayor Filipowski introduced County Legislator Martin Rogowsky, who thanked the residents of Rye Brook for their support. He stated that from time-to-time he would be attending the Board of Trustee meetings, and noted that he is available to assist with any issues that the residents may have. One of these issues that has already been brought to his attention is the paving scheduled for North Ridge Street. He noted that he would be gathering information on this project and would submit it to the Board. Mr. Rogowsky noted that he is delighted to represent the residents of Rye Brook at the County level. Mayor Filipowski noted that at the June 25th meeting of the Board of Trustees, Rye Town Supervisor Robert Morabito would be addressing the issue of re- evaluations with regard to property taxes. Board of Trustee Meeting June 11,2002 Page 3 of 36 Mayor Filipowski turned to the Public Hearing section of the Agenda, and called for the first item. 1. CONSIDERING A LOCAL LAW TO ESTABLISH A SIX MONTH MORATORIUM ON THE ISSUANCE OF PERMITS AND APPROVALS IN THE R-12, R-15, R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE CORRIDOR Mayor Filipowski opened the Public Hearing by asking Ed Beane, Esq., Village Attorney, for a brief summary of the proposed moratorium. Mr. Beane noted that the proposed moratorium would be in place for a period of six months. During that time it will prohibit the granting of site plan approvals, subdivision approvals, or any developmental approvals for any application or prospective application that has not, as of the date that the moratorium goes into effect, received the approval. Unlike a previously proposed moratorium, this one does not involve any renovation or construction on existing subdivisions. It does not have any grandfather clauses, which means it applies across the board to pending applications. There is, however, an appeals provision in the law for individuals who believe that they would suffer undue hardship if their application was postponed. The Village Board has the final say as to whether or not the appeal would be granted. Mayor Filipowski called for members of the public that wished to discuss this topic. Mr. Ken Heller, 22 Lincoln Avenue, addressed the Board. He noted that Lincoln Avenue was originally two-acre zoning. There were large lots, with lots of green space. He pointed out that it has recently been publicized that a re-evaluation of taxes has been proposed for the area. A re-evaluation would mean that residents who have additional building lots would have no choice but to subdivide in order to stay in Rye Brook. Mr. Heller also suggested that conservation easements be put into place in order to protect the open green space. He noted, as pointed out by Mayor Filipowski, Mr. Morabito would be attending the next Board of Trustees meeting to discuss the proposed re-evaluation. He asked that the Board take into consideration his comments on this subject. He felt that this re- evaluation would result in there being no lots larger than the minimum size because of the tax increases. Board of Trustee Meeting June 11,2002 Page 4 of 36 Mr. David Kvinge, Village Consultant, noted that the purpose of the moratorium is to halt development and give the Village time to review problems that have been identified and come up with proposed solutions to them. He noted that conservation easements do have a method of protecting open space in environmentally sensitive areas such as the Blind Brook. This method will be studied during the Moratorium. Mr. Ed Beane, Village Attorney, agreed with Mr. Kvinge's response. Mr. William Gerety, Village Building Inspector, addressed the Board. He pointed out that in reading the moratorium he discovered that some of the wording may make it difficult to enforce. Mayor Filipowski referred this issue to Mr. Beane, asking if he needed additional time to look at the wording. Mr. Beane responded that this law was never intended to be applied to building permits, permits for renovation, or new construction. The wording can be changed. He suggested that the Public Hearing be closed and between now and the time that the Resolution will be considered the additional language can be added. The reason for closing the Public Hearing is, assuming that the resolution is agreeable to everyone on the Board, then the resolution could be placed on the agenda for the next meeting. This is a Local Law and the resolution must be exact. Trustee Donald Degling asked for clarification of the phrase, "...other project development plans." Mr. Beane responded that the generic language was included to cover a project that doesn't exactly fit under any of the specific ones. It may not be a site plan approval, or a subdivision approval, etc. So, this generic language will be used to cover other applications. Trustee Degling asked if there was a way to put language in to clearly exclude alterations. Mr. Beane stated that there was not. Trustee Carol Goodman made a few comments on Section 10 of the proposed Law. She asked for clarification of this Section. In response, Mr. Beane noted that the purpose of Paragraph 10 was written to afford an application that would be deserving a waiver from the moratorium so that that application could proceed. It does not grant anything. Any provision of the moratorium could be waived. If an application was 99% finished and this application was frozen because of the Moratorium, the applicant could request a waiver. Mr. Beane noted that the Board of Trustees is the only entity that would have the right to grant a waiver. Board of Trustee Meeting June 11,2002 Page 5 of 36 There being no further comments on this matter, Mayor Filipowski asked for a motion to close the Public Hearing. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Public Hearing was closed. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 2. CONSIDERING THE APPLICATION FOR GRANT STREET SENIOR HOUSING AMENDED SPECIAL USE PERMIT AND SITE PLAN APPROVALS, SECTION 1, BLOCK 28, LOT 9. David B. Smith, AICP, of the firm Saccardi & Schiff, Inc., Consultants for the Village of Port Chester, addressed the Board. He presented the Board with a memorandum and a graphic for their review. He noted that the proposed application includes six additional housing units to be added to the existing Grant Street Senior Housing. He stated that the Village of Port Chester has recently approved a site plan for a senior center/community in Abendroth Park. Part of this plan includes an access roadway from High Street to Abendroth Park. The question of whether a gate in the Southern portion of the property makes sense was raised at the time of approval of the senior/community center. A gate in the location of the proposed access road would be suitable. Mayor Filipowski noted that the opening of the fence had been moved to ensure that access would be continued. Looking at Port Chester's plans he noted that if the building (the theater or the senior citizen) was expanded it would potentially block off the access through that gate. He asked for wording so that the ingress/egress would never be blocked off. Mr. Smith stated that the diagram he presented to the Board shows the access. He noted that this site plan was circulated to interested agencies, including the Village of Rye Brook. The Village of Port Chester has followed the process, and will continue to do so, but he was not in a position to guarantee that the gate would remain open. He noted that in Board of Trustee Meeting June 11,2002 Page 6 of 36 case of an emergency, the fire department would do whatever necessary to access a site. Trustee Dean Santon asked if Touraine Avenue would be the secondary means of ingress/egress. However, the diagram shows Touraine Avenue as being used for emergency purposes only. He also stated that there was talk of discussions with United Hospital for the purpose of gaining access through their parking lot to Abendroth Park. He asked Mr. Smith to comment on these issues. Mr. Smith responded that the Village of Port Chester had discussions with the fire department. He stated that the fire department made it clear to the Village of Port Chester that they were requesting two ways to access the senior center. Thus, the proposed access road to High Street. At this time the Village is in discussion with the Thruway Authority on finalizing this matter. In addition, discussions have taken place with United Hospital, but no decision has been reached. Mr. Beane asked how the Village of Rye Brook could be certain that the additional units to the Rye Brook Senior Housing would be accessible through the Village of Port Chester. Mr. Louis Larriza, owner of the Grant Street Senior Housing, addressed the Board. He noted that he had letters from the fire and police departments stating that there is adequate access to the property. He also noted that there is an unwritten rule that Fire Departments have the right to cross properties to put out a fire. Mr. Christopher Bradbury, Village Administrator, responded. He agreed that the fire department has a right to cross any property to get to the scene. Mayor Filipowski noted that access through Port Chester was always considered. Having access only through Rye Brook is now an issue as it is important to make sure that the residents are protected. Mr. Clark Neuringer, architect, addressed the Board. He noted that it was always proposed that there would be a gate to allow access through the Port Chester side. However, this access should not be considered as a required access. The access from the Rye Brook side should stand on its own. Board of Trustee Meeting June 11,2002 Page 7 of 36 Trustee Brackman noted that adequate emergency access and ingress is needed. There has been sufficient documentation from the Fire Department, EMS, and the Police Department that the access is sufficient. She asked if the Village of Port Chester would provide the Village of Rye Brook with written assurance that no building would encroach upon this gated area. Mr. Bradbury stated that he did not know whether or not the Village of Port Chester would be willing to give this type of guarantee. He could look into this and perhaps something could be developed on the Port Chester property in the future. Mayor Filipowski asked if the Board was comfortable with the one access, considering the fact that they always assumed that dual access would be there. Mr. Smith noted that to-date there are no buildings on this property. At this time there is no question of dual access. Mr. Larriza reminded the Board that the gate was intended for use of emergency access. There being no further comments from the public or members of the Board, Mayor Filipowski asked for a motion to close the Public Hearing. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Public Hearing was closed. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE RESOLUTIONS: 1. AUTHORIZING ADOPTION OF A LOCAL LAW REGULATING, FOR AN INTERIM PERIOD, THE APPROVAL OF SUBDIVISION PLATS, PROJECT DEVELOPMENT PLANS AND SPECIAL USE PERMITS IN THE R-12, R-15 AND R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE CORRIDOR WITHIN THE VILLAGE OF RYE BROOK Mayor Filipowski asked for a motion to adjourn the first Resolution Board of Trustee Meeting June 11,2002 Page 8 of 36 On a motion made by Trustee Brackman, and seconded by Trustee Santon, the Resolution was adjourned. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 2. AMENDING SPECIAL USE PERMIT AND SITE PLAN APPROVALS FOR GRANT STREET SENIOR HOUSING, SECTION 1, BLOCK 28, LOT 9 Mr. Bradbury read the following Resolution: RESOLUTION AMENDED SPECIAL USE PERMIT AND SITE PLAN APPROVALS GRANT STREET SENIOR HOUSING GRANT STREET SECTION 1, BLOCK 28, LOT 9 WHEREAS, Louis Larizza has made an application to the Village of Rye Brook requesting Amended Special Use Permit and Site Plan Approvals for the construction of one (1) additional building, comprising six (6) additional dwelling units, outdoor lighting, landscaping, an outdoor sitting area, and related site development activities (the "Project"); and WHEREAS, the property is located at the existing senior housing site located at Grant Street, within the R2-F Residential Zoning District, and is shown as Section 1, Block 28, Lot 9 on the tax map (the "Site"); and WHEREAS, the applicant submitted the following materials and plans in support of the application: 1. Application forms and a Full Environmental Assessment Form (Part 1); Board of Trustee Meeting June 11,2002 Page 9 of 36 2. Final As-Built Survey," dated 8/8/96, last revised 11/7/01, prepared by Roland K. Link, Mahopac, New York; 3. "Revised Site Plan," dated 8/5/96, last revised 1/2/02, prepared by Ralph George Mastromonaco, PE, Croton-on-Hudson, New York; 4. Memorandum dated January 23, 2002 from Clark Neuringer, Architect, Mamaroneck, New York; and WHEREAS, the application was referred to the Planning Board by the Board of Trustees on October 9, 2001 and the Planning Board, by resolution dated February 14, 2002, recommended approval of the application, subject to certain conditions; and WHEREAS, the Village Board of Trustees, in its review of the application, considered the following issues: • Adequacy of on-site parking and impacts to traffic in the area of the site • Emergency access to the site and the new units • Character of the development and impacts on the character of the immediate area and the Village as a whole, including, but not limited to the architectural details of the structures, outdoor lighting, signage, landscaping, buffering, and pedestrian amenities; and WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of the Project and has been satisfied that the Project will comply with the Special Permit standards and the Site Development Plan standards and requirements of the Village of Rye Brook Code, except as otherwise noted; and WHEREAS, the Village Board of Trustees determined that the proposed action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 for which the Village of Rye Brook Board of Trustees is the Lead Agency with respect to the approval of the Project; and WHEREAS, a duly advertised public hearing on the application was held on March 26, 2002 in the Rye Brook Village Hall, at which time all those wishing to be heard were given the opportunity to be heard, and the public hearing was closed on that date; and Board of Trustee Meeting June 11,2002 Page 10 of 36 WHEREAS, the application was approved by the Village Board of Trustees, by resolution dated April 9, 2002, and subsequent to the adoption of the April 9, 2002 resolution it was discovered that the applicant had inadvertently failed to notify owners of all property within 250 feet of the Site were not properly notified of the March 26, 2002 Public Hearing by the Applicant and the April 9, 2002 resolution was then rescinded by the Village Board of Trustees on May 14, 2002; and WHEREAS, a duly advertised public hearing on the application was held on June 11, 2002 in the Rye Brook Village Hall, at which time all those wishing to be heard were given the opportunity to be heard, and the public hearing was closed on that date; and WHEREAS, all property owners within 250 feet of the property line of the subject site have been properly noticed of the June 11, 2002 Public Hearing, and proof of notification has been submitted by the applicant; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts a Negative Declaration since the Project will result in only minor physical changes to the site, visual impacts will be minimal, and any disturbance associated with the Project will be controlled through the proper implementation and maintenance of erosion and sediment controls; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees grants the requested Amended Site Plan Approval, subject to the following conditions: 1. A copy of the final plans, as approved by the Architectural Review Board, shall be submitted to the Building Inspector for inclusion in the file. Board of Trustee Meeting June 11,2002 Page 11 of 36 2. Gates in the fence shall be located to provide adequate access for emergency vehicles as well as access for residents of the facility to the park located adjacent to the site. The applicant shall also coordinate the location of such access points with any proposed development of the adjacent parcel to the south, located within the Village of Port Chester, to the extent that it is practical. BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees grants the requested Amended Special Permit to operate a Senior Citizen Housing Development at Grant Street, Rye Brook, New York, subject to the following conditions: 1. The implementation of the proposed plans, and the continued operation of the facility, shall comply with all of the requirements of Section 250-6H, General Supplementary Regulations, Special Permits, and 250-36, Senior Citizen Housing Development, of the Rye Brook Code. The Applicant shall submit, on an annual basis before the Board of Trustees, documentation demonstrating compliance with the requirements of Section 250-36 and the specific conditions of the Special Permit and Site Plan approvals. 2. Prior to issuance of a Certificate of Occupancy for the proposed building, the applicant shall submit written documentation, to the satisfaction of the Village Attorney, demonstrating compliance with the requirements of Sections 250-36 of the Village Code. 3. Prior to issuance of a Certificate of Occupancy for the proposed building, the Applicant shall submit documentation, to the satisfaction of the Village Attorney, demonstrating that a minimum of two (2) of the new units will be affordable, as defined and in accordance with Section 250-36 N of the Code. 4. All conditions, stipulations, and understandings of the original Special Permit remain valid and are hereby incorporated and made conditions of this amended Special Permit. All applicable conditions, stipulations, and understandings of the original Site Plan approval are also hereby incorporated and made conditions of this amended Site Plan approval. Trustee Santon asked for a brief overview of the project. Mr. Bradbury noted that nine dwelling units would be permanently subject to the Senior Board of Trustee Meeting June 11,2002 Page 12 of 36 rules and regulations set forth for senior housing. This project has funding sources that require, at a minimum, that from the date that the units are 50% occupied that the rules and regulations for senior housing apply. What this means is that all units are governed for 30 years, and a minimum of 9 are permanent. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE Mayor Filipowski asked that Resolution 98 be taken out of order from the written agenda: 8. AUTHORIZING REMOVAL OF TREES IN VILLAGE RIGHT OF WAY ALONG ROCK RIDGE DRIVE Mr. Bradbury read the following Resolution: RESOLUTION AUTHORIZING REMOVAL OF TREES IN VILLAGE RIGHT OF WAY ALONG ROCK RIDGE DRIVE WHEREAS, Eastern White Pine trees are protected trees under Section 235-9 of the Code of the Village of Rye Brook; and WHEREAS, Mr. and Mrs. Kutnerian of 27 Rock Ridge Drive, Rye Brook, New York requested the removal of certain Eastern White Pine trees in the Village right-of-way ("ROW") adjacent to their property; and WHEREAS, in support of their request for the removal of these trees, Mr. and Mrs. Kutnerian submitted a report prepared by Alpine, the Board of Trustee Meeting June 11,2002 Page 13 of 36 Care of Trees, Inc. that indicates all of the Eastern White Pine trees in the applicable ROW pose a moderate level of risk of failure; and WHEREAS, upon inspection by the Village, a number of these trees were found to be dead and were removed; and WHEREAS, thereafter, Mr. and Mrs. Kutnerian requested that the remaining trees in the ROW be removed; and WHEREAS, the Village of Rye Brook Tree Committee considered the request at its March 12, 2002 meeting and decided to leave the decision of whether to remove the trees to the Village; and WHEREAS, SavaTree has opined that the Eastern White Pine trees in the applicable ROW do not necessitate removal but require treatments due to an insect infestation, damage from road salts and car exhaust and root girdling; and WHEREAS, the Village Engineer estimated the cost of the required treatments to be approximately $800.00 annually, opined that this sum constitutes a substantial investment in three (3) trees that have questionable long-term viability and, accordingly, has recommended that the three remaining Eastern White Pine trees be removed. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the removal of the three (3) Eastern White Pine trees remaining in the Village ROW, which is adjacent to the property owned by Mr. and Mrs. Kutnerian at 27 Rock Ridge Drive, Rye Brook, New York. Trustee Santon asked what, if any, would be planted to replace these trees. Mr. Carosi, Village Engineer, noted that there is one healthy tree that will be left on the property. The three trees that will be removed are 30 to 45 feet in height and about 12 inches in diameter. The Village looked into treating the trees but found that the cost was excessive. Therefore, the Village will remove the trees and is now considering replacing the trees with evergreen and deciduous Trees. They will be placed further into the right of way to avoid blocking the line of site. Mr. Carosi noted that three to four trees will be planted. Board of Trustee Meeting June 11,2002 Page 14 of 36 On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 3. AUTHORIZING THE VILLAGE ADMINISTRATOR TO FILE A GRANT APPLICATION FOR THE PROPOSED VILLAGE SOCCER/SOFTBALL FIELD LOCATED ON KING STREET, SECTION 1, BLOCK 1, LOT 7 Mr. Bradbury read the following Resolution: RESOLUTION AUTHORIZING THE VILLAGE ADMINISTRATOR TO FILE A GRANT APPLICATION FOR THE PROPOSED VILLAGE SOCCER/SOFTBALL FIELD KING STREET SECTION 1, BLOCK 1, LOT 7 WHEREAS, the Village of Rye Brook Department of Parks and Recreation, in response to increasing demand for athletic fields within the Village, has proposed to construct a new soccer/softball field, spectator seating, storage shed, restrooms, irrigation, drainage, fencing, walkways, landscaping, and associated site development activities (the "Project"); and WHEREAS, the property is the Village-owned 2.6-acre parcel of land located on the west side of King Street approximately 200 feet south of the intersection of King Street and Glenville Road, south of the Blind Brook Senior/Middle School campus (the "Site"); and WHEREAS, the Village has received proposals for the Project including conceptual plans depicting the proposed play fields and associated structures and the area of proposed disturbance, and the Board of Trustee Meeting June 11,2002 Page 15 of 36 Village has prepared a Short Environmental Assessment Form based on the information available; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees endorses the Project and hereby authorizes and directs the Village Administrator to prepare and file an application for a grant from the State of New York for the purposes of obtaining funds to assist in the preparation of plans and the construction of the athletic fields; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, otherwise known as the State Environmental Quality Review Act (SEQRA), hereby determines that the Proposed Action is an Unlisted Action and declares itself as Lead Agency for the Project and further adopts a Negative Declaration for the Project for the reasons attached hereto; and BE IT FURTHER RESOLVED, that the Clerk shall publish a notice of this determination in the official newspaper of the Village. Trustee Santon raised a concern that there may be environmental impacts with regard to this site. He questioned making a negative declaration without having an evaluation of the soil. Mayor Filipowski asked Mr. Bradbury to respond to this concern. Mr. Bradbury noted that Dolph Rotfeld, the Village's Consultant, will be looking at this site. He will be performing engineering tests. The purpose of this Resolution is to obtain approval to submit a grant. The deadline for the grant was approaching and, therefore, the Village's Administrator needed the resolution to make the deadline. Mr. Kvinge noted that if, down the road, circumstances change and the Village finds that it must rescind its negative declaration, it is permissible. Acting on information that is available now the negative declaration is justified. If contrary information is discovered, and there is an environmental problem, then the declaration can be changed to a positive declaration. Board of Trustee Meeting June 11,2002 Page 16 of 36 Trustee Brackman felt that it was great that the Recreation Department has put together this grant application to try and get the funding. She wished them good luck. Trustee Santon questioned whether a negative declaration was required. Mr. Bradbury stated that the information before the Board at this time warrants a negative declaration. The grant requires that SEQRA is initiated and that the grant application is endorsed. Trustee Santon expressed a concern about the negative declaration and spending funds to hire an architect. He felt that soil samples should be taken first. He asked at what point a public hearing would be called. Mr. Kvinge noted that the SEQRA process does not require a public hearing. A negative declaration does include SEQRA, and it really doesn't affect the public hearing. Public hearings are conducted when seen fit. The negative or positive declaration is not fatal to the grant application. Trustee Brackman felt that the appropriate department heads would be consulted in the order that makes sense. Once the grant application is going, and the project is ready to move forward, then one of the early steps should be soil samples. Mr. Bradbury noted that the application deadline was the end of the week. Mr. Ken Heller of Lincoln Avenue noted that Dolph Rotfeld was hired to review environmental conditions in the Village. He felt that this piece of property should be reviewed as well. It should be incorporated into his study. There is a tremendous water flow south of King Street. He felt that perhaps this piece of property could alleviate other problems. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE Board of Trustee Meeting June 11,2002 Page 17 of 36 4. ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED FIREHOUSE LOCATED AT 940 KING STREET. Mr. Bradbury read the following Resolution: RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED FIREHOUSE LOCATED AT 940 KING STREET WHEREAS, the Village of Rye Brook has identified a long- standing need for a municipal firehouse, has formed a Firehouse Construction Committee, and has conducted numerous studies, the most recent of which is documented in a report titled "Village of Rye Brook Fire House Program & Site Study," dated December 13, 2001, prepared by Sullivan Architecture; and WHEREAS, the subject property is located on the west side of King Street approximately 400 feet south of the intersection formed by King Street and the Hutchinson River Parkway, within the R15 Residential Zoning District; and WHEREAS, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, by resolution dated January 22, 2002, determined that the proposed action is an Unlisted Action and declared its intent to act as Lead Agency for the proposed action; and WHEREAS, notice of Intent to Act as Lead Agency was sent to all involved agencies for the Proposed Action, no responses were received objecting to lead agency status, and the Village of Rye Brook Board of Trustees is thereby established as the Lead Agency for the review of the Proposed Action; NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other materials that were prepared for this action, hereby Board of Trustee Meeting June 11,2002 Page 18 of 36 determines that the proposed new Village Firehouse will not have any significant environmental impacts and adopts a Negative Declaration for the Proposed Action, for the following specific reasons and for the reasons detailed in the attachment to this resolution: • Physical changes to the site will be in keeping with the character of the area and the surrounding uses and will improve sight lines at the access drive to the site. Potential impacts will be adequately mitigated through the implementation of erosion and sediment controls and the installation of landscaped buffers and shade trees. • The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. Proper signage and other measures will be implemented to minimize potential impacts associated with the Proposed Action on King Street. Implementation of the plan will improve sight lines from the access drive; and BE IT FURTHER RESOLVED, that the Village Clerk shall publish notice of this action in the official newspaper and as otherwise required by law. ATTACHMENT TO NEGATIVE DECLARATION REASONS SUPPORTING DETERMINATION Rye Brook Firehouse Village of Rye Brook, New York Project Description The project will involve the demolition of the existing structures on the site. Much of the site will be excavated and the material removed and the site graded to lower the elevation of the front portion of the site to improve sight lines at the access drive and permit the opportunity to connect the site with the adjacent Village Hall parking area to the south, which would then allow for a combined driveway. A new firehouse building would be constructed on the site, designed to be residential in character in keeping with the character of the immediate area and the Village. Parking areas, pedestrian walkways, and outdoor lighting would be constructed to provide adequate parking and pedestrian access to the site and building. Lighting levels would be designed to the minimum recommended levels to reduce off-site glare and light Board of Trustee Meeting June 11,2002 Page 19 of 36 pollution. The site will be landscaped to enhance the residential design and to be in character with the area and the community. Potential Impacts and Mitigation Measures The new firehouse building will be designed to be residential in character, in keeping with the community character and the character of the immediate area. Lighting levels will be the minimum recommended by industry standards. The site will be landscaped to provide visual buffers from adjacent residential properties and to enhance the residential character of the site. Noise during construction is considered an unavoidable impact. The daily operation of the site is not expected to generate noise audible outside of the building, with the exceptions vehicles visiting the site and of alarms during emergencies. Conclusions The proposed action is not expected to result in any significant adverse impacts on the environment. More specifically: • Physical changes to the site will be in keeping with the character of the area and the surrounding uses and will improve sight lines at the access drive to the site. Potential impacts will be adequately mitigated through the implementation of erosion and sediment controls and the installation of landscaped buffers and shade trees. • The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA). • The Proposed Action will not have a significant adverse environmental impact on any unique or unusual landforms. • The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected. • The Proposed Action will not have a significant adverse environmental impact on any non-protected existing or new body of water. • The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity. • The Proposed Action will not have a significant adverse environmental impact on or alter drainage flow or patterns, or surface water runoff. Board of Trustee Meeting June 11,2002 Page 20 of 36 • The Proposed Action will not have a significant adverse environmental impact on air quality. • The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species. • The Proposed Action will not have a significant adverse environmental impact on agricultural land resources. • The Proposed Action will not have a significant adverse environmental impact on aesthetic resources. The site will be landscaped upon completion. • The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance. • The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities. • The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. Proper signage and other measures will be implemented to minimize potential impacts associated with the Proposed Action on King Street. Implementation of the plan will improve sight lines from the access drive. • The Proposed Action will not have a significant adverse environmental impact on the community's sources of fuel or energy supply. • The Proposed Action will not have a significant adverse environmental impact as a result of objectionable odors, noise or vibration. • The Proposed Action will not have a significant adverse environmental impact on the public health and safety. Construction of a Village Firehouse will improve the level of emergency services for the Village. • The Proposed Action will not have a significant adverse environmental impact on the character of the existing community. The design of the Board of Trustee Meeting June 11,2002 Page 21 of 36 firehouse and the site will be in keeping with the character of the area and the community. Based on this information and the analysis included in the Full Environmental Assessment Form, the Village of Rye Brook Board of Trustees fords that the proposed action will not have any significant adverse impacts upon the environment. This Negative Declaration indicates that no environmental impact statement will need to be prepared and that the SEQRA process is complete. Mayor Filipowski asked Mr. Kvinge why a negative declaration was suggested for this project. Mr. Kvinge noted that the only significant environmental impact associated with the proposed firehouse was traffic. The analysis is now complete. The SEQRA process can now be concluded. There is no need to wait any longer to make a negative declaration. Trustee Santon renewed his concerns. He felt that there should be a public discussion, as well as a meeting with the Town of Greenwich to share information on the plans. He felt that the `jury was still out' on site line analysis. He also questioned whether the DOT had been contacted regarding signalization. Trustee Brackman noted that the resolution proposed this evening only dealt with environmental impact. Mr. Bradbury stated that the Board would be voting on the impact of the traffic study. By approving this resolution the Board would be saying that they do not have any additional concerns beyond this study. The next step of the process is to take this study and send it to the State. The decision could be a traffic light, or it could be a warning sign on the side of the road with lights that are activated when the trucks leave. The decision will come from the State. Mr. Bradbury noted that discussions have been held with Greenwich. They are aware of the firehouse proposal. The next stage will most likely be a firehouse meeting. Trustee Santon asked for clarification on a positive declaration versus a negative declaration. Mr. Kvinge noted that a positive declaration would require an Environmental Impact Statement to be completed. This would involve a scoping session, and Board of Trustee Meeting June 11,2002 Page 22 of 36 could involve a public hearing. There would be a required public hearing on the Draft Environmental Impact Statement. On a motion made by Trustee Brackman and seconded by Trustee Degling the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. AWARDING CONTRACT #02-02: LINCOLN AVENUE ROAD RECONSTRUCTION Mr. Bradbury read the following Resolution: RESOLUTION AWARDING CONTRACT #02-02 LINCOLN AVENUE ROAD RECONSTRUCTION CONTRACT NO. 02-02 WHEREAS, the Village of Rye Brook has solicited bids for contract 02-02 "Lincoln Avenue Road Reconstruction"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on May 15th, 19th 23rd, and 26th, 2002; and WHEREAS, at 10:00 a.m., Wednesday, May 29th, 2002, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND 1. ELQ Industries $323,715.00 Yes 2. Bilotta Construction Corp. $329,439.75 Yes 3. WJL Trucking and Paving $396,176.00 Yes 4. Xavier Contracting, LLC $440,820.00 Yes 5. Tucci Equipment Rental Corp. $648,910.00 Yes Board of Trustee Meeting June 11,2002 Page 23 of 36 6. N. Picco and Sons Contracting $722,675.00 Yes WHEREAS, upon reviewing the bids, the Village Engineer and Consulting Engineer, Dolph Rotfeld Engineering, P.C. have determined that the lowest responsible bidder meeting the requirements of the contract documents is ELQ Industries for the total bid price of$323,715.00. NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #02-02 "Lincoln Avenue Road Reconstruction" is hereby awarded to ELQ Industries for the total bid price of$323,715.00; 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. Mayor Filipowski asked Mr. Carosi to clarify how the gap between the low bidder and the higher bidder occurs. Mr. Carosi noted that most of the contractors are union contractors so the basis for their wages are the same. The difference is the way they approach the project. Decisions are made taking into consideration which contractor can complete the job, with the greatest speed, under supervision, and references from prior work completed in other municipalities. Mr. Bradbury noted that if there is a large gap in bids then there should be concern. In this case the three lowest bidders are in the same ballpark. Trustee Santon asked for an overview of what this project entails. He asked for the boundaries of this project. Mr. Carosi noted that residents when walking up Lincoln Avenue, to Crawford Park, they had to walk in the street. It was decided it would be in the best interest of the public to extend the sidewalks to Crawford Park. The overall paving of Lincoln Avenue began as a resurfacing project, however, this would not provide a long-term solution. The opportunity was taken, and the plan was redesigned. The new plans are to mill the existing asphalt down to the concrete base. Repairs will be done, including drainage work in the area, and then resurfacing will be completed. Also included in this project are upgrades in the guide rails at Talcott and to the North of Talcott. Board of Trustee Meeting June 11,2002 Page 24 of 36 Trustee Santon asked for a timetable, and whether or not the developer of Red Roof Farm would be bearing any financial burden. Mr. Carosi responded that he would present the timetable in a future memo. He noted that this will not be a one or two week project. He asked for time to provide the Board with additional information. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 6. AWARDING CONTRACT #02-04; STREET LIGHT AND TRAFFIC SIGNAL MAINTENANCE AND REPAIR Mr. Bradbury read the following Resolution: RESOLUTION AWARDING CONTRACT #02-04 STREET LIGHT and TRAFFIC SIGNAL MAINTENANCE and REPAIR WHEREAS, the Village of Rye Brook has solicited bids for Contract 02-04 "Street Light and Traffic Signal Repair and Maintenance"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on May 7th, 12th, and 14th, 2002; and WHEREAS, at 10:00 a.m., Friday, May 17th, 2002, all bids received were opened as summarized below; and Board of Trustee Meeting June 11,2002 Page 25 of 36 BIDDER BID AMOUNT BID BOND Dobart Lighting $27,157.00 Certified Check Verde Electric Corp. $46,100.00 Yes WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is Dobart Lighting for the total bid price of $27,157.00. NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #02-04 "Street Light and Traffic Signal Repair and Maintenance" is hereby awarded to Dobart Lighting for the total bid price of$27,157.00; 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. On a motion made by Trustee Degling and seconded by Trustee Santon the Resolution was adopted: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7. APPROVING 2ND ANNUAL VALLEY TERRACE BLOCK PARTY RESOLUTION AUTHORIZING THE 2nd ANNUAL VALLEY TERRACE BLOCK PARTY RESOLVED, that the use of Valley Terrace between Argyle Road and Ridge Blvd. for the Valley Terrace Block Party on Saturday, September 14, 2002 (rain date of Saturday, September 21, 2002) is hereby Board of Trustee Meeting June 11,2002 Page 26 of 36 approved from with the terms to be established by the Rye Brook Police Department. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Resolution was adopted. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 9. APPROVING MEETING MINUTES: July 24, 2001 August 14, 2001 August 28, 2001 As Mayor Filipowski was not in attendance at the July 24th meeting, he asked that the Summary be taken separately. Trustee Goodman also noted that she was not on the Board at that time. July 24, 2001 Trustees Degling, Brackman and Santon noted that they would be submitting a few typographical corrections. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Summary was accepted. TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE SANTON AYE August 14, 2001 & August 28, 2001 On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Summaries were accepted. Board of Trustee Meeting June 11,2002 Page 27 of 36 TRUSTEE BRACKMAN AYE TRUSTEE DEGLING AYE TRUSTEE GOODMAN Abstained TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1. VARIOUS ISSUES RELATING TO RECKSON OFFICE PARK AND/OR STANWICH SCHOOL APPLICATION AT 1100 KING STREET Trustee Santon noted that he placed this item on the agenda. He asked the Village's staff and attorney to review the land use issues and zoning matters. He stated that there are questions that need to be answered regarding the 500' frontage requirement, the access driveway, easement agreements, driveway and curb cuts, and traffic concerns. He noted that he has found documents regarding the easement agreements and the right-of-way, which he would be sharing with the Board and Village staff. He also noted that a jogging track was proposed for the Reckson property. It ran along the Bellefair property line and then looped around. This trail was to be an amenity for the residents of Rye Brook. Trustee Santon noted that he would be framing these issues in greater detail and appropriate documentation for consideration by this Board and the Planning Board. 2. STATUS OF VARIOUS UTILITY EASEMENT MATTERS Trustee Santon asked for an update of the various utility easement matters. He noted that, specifically, he was interested in the activity on West Ridge Street, the Con Ed gas line that came across Lincoln Avenue and Blind Brook near 42-44 Lincoln Avenue, the water booster camp station on Anderson Hill Road, Tennessee Gas, and a number of other specific installations. Board of Trustee Meeting June 11,2002 Page 28 of 36 Mayor Filipowski stated that the information will be gathered and presented at a later time. He asked Mr. Beane to give a brief presentation on any information available at this time. Mr. Beane note that with regard to the Tennessee Gas project, the Village is pre-empted, by Federal Regulations, from becoming involved. He did note that Tennessee Gas has provided, on a voluntary basis, for landscaping. He stated that with regard to the water pump station, he has spoken with Mr. DeLuca who will be coming in for site plan approval for the construction in July. 3. STATUS OF ENCROACHMENTS ON VILLAGE PROPERTIES Trustee Santon noted that he was trying to move these matters forward and, therefore, asked that this matter be placed on the agenda for discussion. He noted that almost every piece of Village parkland has encroachments. He asked at what point these matters would be addressed. Trustee Brackman noted that regarding the encroachment issues of Elm Hill Park, a memorandum submitted to the Board by the Recreation Council indicates that there is no great support for the suggested pathway. The Recreation Council proposed selling off some of the land to the neighbors, however, as noted by Mr. Beane, dedicated parkland cannot be sold. Mr. Bradbury noted that there is a deed restriction on parkland, and it cannot be sold off. Mr. Beane reinforced this by noting that State Legislators would not allow parkland to be sold off. Trustee Santon asked for a policy discussion on this subject. The encroaching homeowners should be instructed to move back. This should be evaluated. He suggested a resolution for the next meeting. He also felt that a professional surveyor should be hired as the Village's parkland should be protected. Mayor Filipowski noted that the survey was done in Rye Hills Park because of the improvements that were done. They needed to know, specifically, how much of the land belonged to the Village as several hundreds of thousands of dollars of improvements were being contemplated. Board of Trustee Meeting June 11,2002 Page 29 of 36 Mr. Bradbury noted that, with regard to the property behind the Rye Ridge Shopping Center, many of the encroachment issues have been addressed. He asked for direction from the Board with regard to having Rich Manor Park surveyed. This matter will be discussed further. 3. STATUS OF PINE RIDGE/RED ROOF FARM BALL FIELD PROJECT AND RED ROOF FARM SUBDIVISION DEVELOPMENT MATTERS Trustee Santon requested the status of the ball field, and the subdivision at Red Roof Farm. He raised a number of issues, noting that many residents have expressed their concerns directly to him. Mr. Beane stated that the best person to respond would be the Village Engineer, who has been working on many of these issues. Mr. Carosi noted that his department has been working on most of the issues that Trustee Santon brought up. He gave a brief presentation of both the ball field and the Red Roof Farm subdivision. He noted that he has been working closely with the Village Attorney regarding the bond, which is still in place, and its status. The developer's attorney has been advised of the Village's position in regard to completing the project. At this point they have commenced work on a number of items that have been left outstanding. Among those items is the pathway leading from the subdivision to the park. Drainage improvements have been corrected. Still outstanding are all the landscape related issues. There are a number of street trees which have died and need to be replaced. The signs have been completed. Repairs to curbs have been made on an ongoing basis. There is a water problem on one of the roadways that is being researched. Most significantly, as everyone may be aware, there are problems with runoff along the portion of the property adjacent to North Ridge Street. It took several years to reach a solution, and the plans are currently being carried out. The developer has hired a contractor and is working through the Building Department, who is overseeing the project. The runoff and erosion control is moving forward. There should be three to four more weeks of work before the drainage improvements to the Red Roof Farm property are complete. Board of Trustee Meeting June 11,2002 Page 30 of 36 Mr. Carosi addressed the subject of guard rails. He noted that the approved subdivision plans required the installation of guard rails to protect the residents that are below the curb level. The developer and the Village are working on a design alternative. Next he addressed the fencing along Winthrop, which has been discussed for quite some time. The approved plans called for the fencing to be removed. The developer is working with the residents to make sure that the fence removal is coordinated with fence installations. Mr. Beane noted there is a cash bond still in place for Red Roof Farm, in the amount of $1,750,000. In addition, there is a bond for the drainage project still in place. He noted that none of the roads within the subdivision have been dedicated. Mr. Bradbury noted that before the bond can be pulled, the work must be completed Mr. Bradbury pointed out that an update of these items was provided to the Board approximately one month ago. He provided a brief update of additional outstanding projects within the Village, beginning with the sidewalks on Ridge Street. He stated that the sidewalks are currently under construction. Once completed, the County will be resurfacing the road. With regard to the ball field, he noted that sod was installed this week. The fence, which is being installed, will be a black fence. A site visit, by the Board, to view the ball field, was scheduled for Saturday, June 22nd at 9:00 a.m. Mayor Filipowski called for the discussion on the resolution concerning Board of Trustee Procedures. Mr. Bradbury was asked to read the proposed Resolution. RESOLUTION BOARD OF TRUSTEES PROCEDURES WHEREAS, Paragraph 16 of the Amended Rules of Procedure of the Board of Trustees of the Village of Rye Brook adopted and promulgated on October 9, 2001 provides in part that "...no member of the Village Board shall give orders, directions or instructions, either publicly or privately, to any officer, employee, vendor or contractor of the Village," and Board of Trustee Meeting June 11,2002 Page 31 of 36 WHEREAS, it has come to the attention of the Village Board that various individual Department Heads, including the Village Administrator, are being directed and instructed to take on projects by individual Trustees without authorization by the Village Board; and WHEREAS, such instruction and directions are distracting Department Heads and other Village employees from accomplishing their usual duties and the projects assigned to them by the Board of Trustees; NOW, IT IS HEREBY RESOLVED, individual Trustees shall refrain from instructing, directing or requesting individual Department Heads or other Village employees, including the Village Administrator, to undertake projects unless such projects are requested or authorized by the Board of Trustees. Trustee Santon felt that the resolution was just restating what was already in the rules. He requested a reason for this proposed resolution. Trustee Degling noted that the purpose of this resolution is to make it clear to the public, Village employees, and the Board, that the Board of Trustees are individuals and citizens until they sit down and act as a Board. Consequently no individual Trustee has the authority or right to take action individually. This includes suggesting to the County Executive how things should be handled, suggesting to department heads that projects should be done, and reporting to the Police Department on activities. The Board of Trustees is a Board and should act as a Board and not individuals. This resolution does merely re-state what is implicit in the rules, however, he felt that it was important to clarify this matter. He asked that this resolution be placed on the agenda for the next meeting so that action can be taken. Trustee Brackman agreed with Trustee Degling. She seconded his request for this resolution to be placed on the agenda of the next Board meeting. She noted that there have been occasions when she, as a Trustee and resident, has noticed things that are amiss and believes that the appropriate agencies should be notified. However, this can be accomplished by bringing the problems to the attention of the Village Administrator. Board of Trustee Meeting June 11,2002 Page 32 of 36 Trustee Degling agreed, noting that the Village Administrator must be in charge and if Trustees attempt to get department heads to do things that they ought not be doing, then he is no longer in charge. Trustee Goodman noted that she often has questions and raises them with the Village Administrator. She felt that this resolution is simply a restatement, and it would not have an impact. Trustee Degling pointed out that the intention of this resolution is to avoid interference with the discretion and efficiency of the Village Administrator. Trustee Santon pointed out that aside from being a Board member he is an advocate for the Village, and stated that the Board cannot do anything to stop him from writing letters to the County Executive. He stated that he did contact the County Executive to bring attention to the fact that the County Task Force has not met as a full task force — between Westchester and Greenwich — for 20 months. He also noted that many of the issues that he brings up take a very long time to be addressed. He felt that he was being asked to have less rights as a Trustee then he would as a resident. He stated that he has brought forward many issues that have been ignored. Mayor Filipowski stated that he has spoken with County Executive Spano. The group meets as needed and they will meet regarding King Street in the coming weeks. Mr. Bradbury noted that he was very proud of the Village's staff and the work that they have been doing. It would be very helpful if inquiries are done on an organized basis. The issues can be addressed. Mr. Bradbury was asked to review the items for the June 25, 2002 meeting. He noted that there would be a Public Hearing on the Sanitation Code Revisions, as well as a work session scheduled for 6:30. There will be an item regarding compensation for non-union employees that will, hopefully, be acted upon at that meeting. The proposed ball field on King Street will be initiated. In addition, there will be a Public Hearing regarding Village property on Lincoln Avenue. The Dr. Lee/Bowman Avenue application will be on the agenda, as well as the Rich Manor Park survey, and the Nextel application. Board of Trustee Meeting June 11,2002 Page 33 of 36 Mayor Filipowski asked for comments regarding Dr. Lee's application. He felt that any decision that is made will affect many other properties as well. He asked for a workshop on this application as he felt that Planning and Zoning Board members, Mr. Kvinge, Mr. Gerety, and Mr. Carosi should all attend. Trustee Santon requested that Mr. Gerety compile a list of properties that would be impacted by this application. Mayor Filipowski directed Mr. Gerety to provide the Board with this list so that they could have a complete picture of how many other properties there are that would be impacted. This list will be presented by the June 25th meeting and a work session was scheduled for the July 9, 2002 meeting, at 6:30 p.m. The situation at Elm Hill Park was briefly discussed. Mayor Filipowski suggested that the Board attend the July 8th Recreation meeting in July to review this item. Trustee Santon proposed a presentation of this issue. He noted that F.P. Clark completed a sketch plan. Trustee Brackman felt that Board has a clear sense from the Recreation Department as a result of the memorandum that was submitted to the Board. They could not see spending Village money on this walkway into Elm Hill Park. She suggested a public work session with the Board, members of the public, the Tree Committee and the Open Space Committee. Parkland cannot be sold to residents. The work session was scheduled for July 23rd at 6:30 p.m. Trustee Brackman pointed out that as there are a number of new Planning Board members, a new Trustee, etc. she felt that it was time for a training session on the SEQRA process. Mr. Kvinge stated that the Planning Board has also made this request and a session has been scheduled for the July 13th Planning Board meeting. Trustee Brackman asked Mr. Bradbury for information regarding joint Village and school board meetings. Mr. Bradbury will be following up with Dr. Miles and Dr. Colletti this summer. Board of Trustee Meeting June 11,2002 Page 34 of 36 Trustee Santon requested that the hotel zone be addressed by the Board. He also asked for follow up information regarding the K&M Bowman Avenue project. Mr. Bradbury responded that these issues could be placed on the agenda for the July meeting. He noted that at this time the applicant for K&M Bowman has begun work on the DEIS. Mr. Kvinge noted that the applicant is making some changes to the DEIS, but there has been no discussions on this application for more than six months. Additional changes will have to be made if this application is continued. The applicant must submit the DEIS and make a formal submission to the Village. Mayor Filipowski asked that a Resolution from the July 24, 2001 Board of Trustee meeting in regard to the K&M Bowman Avenue property be placed on the agenda as a Resolution in June. This Resolution would allow the Village to hire an appraiser to look at this property. It was the Village's intent to keep this property forever green. Mr. Ken Heller reminded the Board that this property was a dumpsite, which could present environmental issues. He asked that the Village be very careful if they were considering purchasing this property. Mayor Filipowski noted that June 15th was the Rye Brook Birthday Party. He asked that residents come out to congratulate the Blind Brook Basketball team who be honored as State Champions. Board of Trustee Meeting June 11,2002 Page 35 of 36 Mayor Filipowski noted that the next Board of Trustee meetings were scheduled for June 25, 2002 & July 9, 2002. There being no further business before the Board, the meeting was adjourned at 10:27 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk Board of Trustee Meeting June 11,2002 Page 36 of 36