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HomeMy WebLinkAbout2002-07-23 - Board of Trustees Meeting Minutes REGULAR/SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 23, 2002 — 7:30 P.M. AGENDA EXECUTIVE SESSION: 6:00 P.M.-- Personnel and Potential Litigation REPORTS 1. UPDATE ON FIREHOUSE FROM SULLIVAN ARCHITECTURE & FIREHOUSE COMMITTEE; CHAIRMAN LARRY RAND 2. ASSESSMENT RELATED ISSUES PRESENTED BY RYE TOWN SUPERVISOR, ROBERT MORABITO PUBLIC HEARINGS 1. CONTINUATION OF A PUBLIC HEARING ON CONSIDERING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE TO REDUCE THE NUMBER OF MEMBERS AND ADJUST THE TERMS OF OFFICE OF THE MEMBERS OF THE ADVISORY COUNCIL ON PARKS AND RECREATION 2. CONTINUATION OF A PUBLIC HEARING ON THE HOFFMAN SUBDIVISION RESOLUTIONS 1. ADOPTING A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE, REFUSE AND RUBBISH Board of Trustees Meeting July 23,2002 Page 1 of 30 2. ADOPTING A LOCAL LAW TO AMEND SECTIONS 240-12, 240- 18, AND 240-20 OF CHAPTER 240 OF THE VILLAGE CODE WITH RESPECT TO PARKING REGULATIONS AND COMMERICAL VEHICLES 3. REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND SECTION 250-34D, H-1 HOTEL DISTRICT OF THE VILLAGE CODE 4. ONE APPONTMENT TO THE ZONING BOARD OF APPEALS 5. REFERRING AQUARION WATER COMPANY SITE PLAN APPLICATION TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK 6. APPROVING MEETING MINUTES: October 9, 2001 April 9, 2002 May 7, 2002 —Rosen Work Session ADMINISTRATOR'S REPORT: OLD BUSINESS: 1. STATUS OF PINE RIDGE/RED ROOF FARM BALLFIELD 2. REPORT FROM VILLAGE ENGINEER ON STATUS OF RED ROOF FARM SUBDIVISION 3. STATUS REPORT ON CODE MODIFICATIONS BY PLANNING CONSULTANT NEW BUSINESS: 1. DISCUSSION ON COLLECTING SOLID WASTE FROM DUMPSTERS IN AVON CIRCLE ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting July 23,2002 Page 2 of 30 CONVENE: Mayor Filipowski called the meeting to order at 7:41 p.m., followed by the Pledge of Allegiance BOARD: Mayor Francis Filipowski Trustee Jody 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 Victor Carosi, Village Engineer Robert Santoro, Police Chief Dolph Rotfield, Village Consultant David Kvinge, Village Consultant Robert Bertolacci, Parks & Recreation Superintendent Paula Patafio, Meeting Secretary Mayor Filipowski began the meeting by noting that the matter regarding the Status of the Pine Ridge Ballfield would be adjourned to the next Board meeting. He asked for a motion to adjourn. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the matter was adjourned to August 14, 2002. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski turned to the agenda, switching items #1 and #2. He noted that this was not a Public Hearing, but rather an informational presentation. Board of Trustees Meeting July 23,2002 Page 3 of 30 Mr. Robert Morabito, Rye Town Supervisor, addressed the Board. He stated that he asked to address the Village of Rye Brook at the beginning of this project. At this time the Town of Rye is studying the feasibility of a Re-Evaluation. The Town spearheaded the effort in 1995 to bring forward a Countywide Re- Evaluation, unfortunately it was vetoed. Recently there was the possibility of countywide Re-Evaluation but, once again, too many municipalities did not sign on. It is important to note that the last Re-Evaluation was done in 1967. There have been many problems, including tax certs, that have led the Town to this point. Mr. Morabito pointed out that the General Foods and Rye Town Hilton tax cert settlements devastated Rye Brook. This proposed Re-Evaluation would be in the best interest of the Village. Information has been gathered over the last year, and will be presented at a series of meetings. What the Town Board is attempting to do is to create equality for all taxpayers. After years of seeing a decline, the Town wants to create tax fairness. The current system is an outdated system, and should be upgraded. It needs to be upgraded to the new digitized maps which are now used. Supervisor Morabito noted that 18% to 22% of the properties will most likely go up, but fair actual values should apply to all properties. Information will continue to be gathered. Mr. Mitchell Markowitz addressed the Board. He noted that he is the Assessor for the Village of Rye Brook and the Town of Rye, which encompasses the Blind Brook School District, the Port Chester School District, and the Mamaroneck School Districts, and the Assessor for the Village of Port Chester. All of the above jurisdictions are within the Town of Rye. He stated that the goal of the Assessor's Office is to try and provide a fair base upon which the municipalities can operate. They stress being fair and equal. This is important because the operating budgets derived from the real estate in the Town of Rye exceeds $100,000,000, thus making it very important to have fairness. History shows that the last comprehensive update for the Town of Rye was done in 1967. Since then things have changed. No comprehensive adjustments have been made in 35-40 years. The Town is approaching the Re-Evaluation in two phases. The first phase is to update the tax maps, adding all new subdivisions. The inventory will be transferred from a paper-based system to a computer-based system. As part of this process operations will be made more efficient. There will be better data, which will be more accessible. Phase two is Re-Evaluating all properties within the Town of Rye. Mr. John Watson addressed the Board. He noted that his company specializes working with Towns in the reassessment process. Many governmental agencies do not have information on properties. In essence, the police departments will have information available to them regarding every property within the Village. The purpose is not to allow the government more access about you, but rather to Board of Trustees Meeting July 23,2002 Page 4 of 30 make their jobs easier and potentially save lives. E-911 has been proposed, which will utilize geographic mapping. A side benefit of updating the records is the ability of the consultants to make sure that the police and fire departments have this information readily available. Grant money will be sought to help offset the costs of the project. The digital tax maps are ready, photographs have been taken. Over the course of the next six months, field employees will be out collecting data. If there are any problems, the police departments should be contacted. Mayor Filipowski turned to the Board and members of the public for their comments. He asked that members of the public please remember to identify themselves before they begin their comments. Mr. Bernard Abel of Rye Brook addressed the Board. He stated that he was opposed to this Re-Evaluation. He felt that other municipalities turned down this Re-Evaluation so as not to burden their residents, and that this Re-Evaluation will adversely affect the Veterans and the Seniors. It was his opinion that that there must be a hidden agenda. He asked that the Village protect the elderly and the Veterans. He also felt that $500,000 of taxpayer money has been squandered on this project. He asked the Board of Trustees to take action against the Town of Rye. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that he volunteered to serve on the Advisory Committee for the Re-Evaluation because he felt that it was important that all sides be heard. It has been said that 80% of the taxes will remain the same, and only 20% will change. One of the motivations for the Re-Evaluation is to protect the schools. The School districts are looking for more money, and the Town has no control over what the schools do. Mr. Morabito asked to respond in order to correct statements made by the speakers who were misinformed. He stated that $500,000 has not been spent on the Re- Evaluation project. There was a grant that funded much of the work. He felt that the seniors may be very surprised with the final numbers, and that this Re- Evaluation is the right and fair thing to do. Amy Schoen of Country Ridge Drive addressed the Board. She asked for a better explanation of what was being done at each property. She stated that notices to all residents should be sent out. Mr. Morabito responded that three sides of all residences will be photographed. In September questionnaires will be sent out to all homeowners. The utilities of the homes will be input, along with the type of structure, type of shingles on the roof, if anyone is on life support, etc. All property owners have the right to stop people Board of Trustees Meeting July 23,2002 Page 5 of 30 from stepping onto their property. That is why all work for the area will be done from the Village's right-of-ways, unless residents allow the personnel on their property. Mayor Filipowski thanked Mr. Morabito for coining and making this presentation. Mayor Filipowski moved to the next item on the agenda and called upon Trustee Rand, as the Chairman of the Firehouse Committee, for his report. 2. UPDATE ON FIREHOUSE FROM SULLIVAN ARCHITECTURE & FIREHOUSE COMMITTEE; CHAIRMAN LARRY RAND Trustee Lawrence Rand, the Chairman of the Firehouse Committee, addressed the Board. He noted that the objective of the Firehouse Committee was to obtain as much community input as possible. The membership of the Firehouse Committee consists of Trustee Jody Brackman, as the Trustee Liaison, and members of committees and boards such as the Architectural Review Board, the Facilities and Planning Committees, the Environmental Review Board, the Rye Brook and Port Chester Fire Departments and members of the Emergency Medical Services (EMS). The co-chairperson of this Committee is Mr. Bradbury. The fire professionals have been involved in this process from the beginning. Mr. Joe Barry, from Sullivan Architecture, addressed the Board to give a quick overview of where the Village stands physically. He presented the Board, and members of the public, with a plan of the firehouse, which is proposed to be situated on the lot adjacent to the Village Hall. There will be a shared driveway; combined entrance. This allows for increased visibility from exiting since the new driveway will be much higher in elevation. There will be a drive through ability for the apparatus. This will eliminate the potential for a truck driving on King Street of having to be put into reverse to enter the site. The building, as proposed, will be located in the general vicinity of the existing building. The basement of the new building will be located in part of the existing basement area. This will eliminate some of the excavation work that will be needed. The building will have three levels. The first level will contain the apparatus area of approximately 34' x 80'. There will be a meeting room, EMS office, space for an EMS vehicle, storage area, an area for the paid fireman to cook dinner and hang out, and a watch room facing King Street. The second floor will house the paid firemen's living quarters. There will be dorm rooms, locker rooms, bathrooms, and a fitness room. A portion of the Board of Trustees Meeting July 23,2002 Page 6 of 30 second floor will be left unfinished for future expansion. The exterior of the building was designed to fit in with the neighborhood. The entrance to the building will be directly opposite a walkway that will connect to the Village Hall. Mr. Bradbury noted that the bonding and funding for the project has been put in place. A traffic study has been completed by the Village's Consultants, F.P. Clark, and has been accepted by the Village Board. The Environmental review has been completed. King Street is a State Road and now the State must look at the traffic. Now that all the testing has been completed, the next step will be the demolition of the building. The house is currently being leased to New York State, and they will be out as of August 1, 2002. This project should be out to bid before the end of the year. Mayor Filipowski moved to the Public Hearing section of the meeting. PUBLIC HEARING: 1. CONTINUATION OF A PUBLIC HEARING ON CONSIDERING A LOCAL LAW TO AMEND CHAPTER A258 OF THE VILLAGE CODE TO REDUCE THE NUMBER OF MEMBERS AND ADJUST THE TERMS OF OFFICE OF THE MEMBERS OF THE ADVISORY COUNCIL ON PARKS AND RECREATION Trustee Brackman noted that the Board was trying to figure out how to best accommodate the concern that was raised regarding individuals who wished to be on the Recreation Committee. She stated that, in her opinion, a fair and orderly method should be created so that all residents who wished to serve on this committee would be afforded the opportunity. She felt that this should be a fair process. Mr. Ed Kulik addressed the Board as the Chairman of the Advisory Committee. He stated that the Recreation Commission is a fabulous committee that has accomplished a tremendous amount. The Committee has discussed this proposal and came to the decision that their preference was to keep the committee to seven. It was difficult enough to get seven members scheduled for a meeting, and the feeling was the more people on the Committee the harder to get everyone together. He noted that there have been sub-committees created from time to time, i.e. the Baseball Sub- Board of Trustees Meeting July 23,2002 Page 7 of 30 Committee. People who are interested in assisting the Recreation Commission have been invited to serve on these sub-committees. There will be other opportunities in the future as there are many projects that this Committee will be tackling. Mr. Kulik also stated that the Committee did not feel that it was necessary to have term limits. Most of the projects that this Committee works on are long-term projects Mayor Filipowski asked for a motion to close the public hearing. On a motion made by Trustee Goodman, and seconded by Trustee Degling, the Public Hearing was closed. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. CONTINUATION OF A PUBLIC HEARING ON THE HOFFMAN SUBDIVISION Les Maron, Esq., of Counsel for the firm of Gioffre and Gioffre, addressed the Board as the representative for the applicant. He noted that this was a continuation of the Public Hearing so he gave a brief overview of the project. He noted that this is a simple subdivision — splitting one lot into two. Mr. Hoffman's engineer has been working with Mr. Dolph Rotfeld, the Village's Consultant, since December of 2001. Mr. Rotfeld has submitted a memo dated June 14, 2002 to the Village Engineer which indicates that he is satisfied that this design does not increase the water flow off of the site, and addresses the conditions of the site. The construction at the site will in fact will decrease the flow of water from the area and the impact on the area. This application complies in all respects with the Village's Law. He also stated that a tree preservation plan has been created and submitted. He requested that the application be approved. Trustee Degling noted that there are provisions for grading and drainage. He questioned whose obligation it would be to keep these functional. He asked for assurance that no flooding would occur on the neighbors' properties. Board of Trustees Meeting July 23,2002 Page 8 of 30 Mr. Maron responded that there will be conditions written into the subdivision application or restrictions in order to give the neighbors protection ensuring that the property owner, or any future property owners, will maintain the systems. Mr. Dolph Rotfeld, Village Consultant, addressed the Board. He noted that he had forwarded a memorandum to the Board on June 14, 2002. He noted that all materials have been reviewed, including topographic maps and plat plans. He felt that the legal terms were important because of the maintenance work that will need to be done. At this time there are low plants on the property that hold the water until the water rises and overflows or is absorbed into the ground. The change will include underground structures that will hold the water and then discharge it. Trustee Santon questioned the June 14, 2002 memo where the enforcement of maintenance was discussed. No one knows what will be built on this property that raises concerns. He could not understand how the Resolution could be written to approve a conceptual design. Mr. Dolph Rotfeld noted that the drawings presented by the applicant are not really conceptual. They are final drawings for the building and the driveway as shown on the plan. If there is a change in the size of the building, or in the amount impervious surface coverage, then the design must change. The design as presented to the Board was completed on the footprint that is currently shown. Trustee Santon asked what the applicant proposed to do with the existing drainage pipes. These existing pipes are the subject of an easement granted for the benefit of the Laufer property by the prior owner of the Hoffman property. This sewer and storm drain easement runs from the Laufer property, through the proposed new house, out to the circle to the storm drain location. Mr. Rotfeld noted that there are two pipes that go into the proposed development site. One from the Hoffman property and the other from the Laufer property. These are 6" pipes that come in from the southeast going to the northwest under the building. There is a small sub-ground unit that the pipe from the Laufer property goes into, and then it connects to the detention area that is on the west side of the house. Those pipes are contained, and designed, into the proposed storage system. Board of Trustees Meeting July 23,2002 Page 9 of 30 Trustee Santon noted that the Westchester County Soil & Water Conservation District has raised approximately 14 issues in their report. It was noted that they recommended five percolation tests should be performed during a wet period versus the dry period that they were performed during. They recommended that these tests be performed in March/April. Mr. Rotfeld noted although he agreed with the Westchester County Soil & Water Conservation District, the plan has changed. The applicant was originally going to put a system into the ground into an absorption pipe facility. This would not have solved the problem. The proposed storage system will be totally encapsulated so that no ground water effect will come into them. The new system is now a detention system. Mr. Rotfeld noted that there will need to be maintenance of the drain lines. Trustee Santon noted that the study of the Blind Brook is still in progress. The Planning Board was very clear in the recommendations made at their October meeting. It was the consensus that nothing should be done on this parcel until the drainage issues have been resolved. He pointed out that a drainage system that was designed several years ago, the system that goes through Mrs. Phillips' property and other Loch Lane properties, has been the subject of criticism by the residents in that area. Mrs. Phillips has been waiting many years for a resolution to these problems. This is a sensitive area that needs attention before the Village adds to the problems. Mr. Rotfeld noted that the problem in the Hillandale Circle area is the water shed in the area. This property is at the bottom of the water shed. Work needs to be done down stream. The study that is currently being done with regard to the Blind Brook will be completed within six weeks and the findings will be available for the Board's review. Mrs. Philips addressed the Board. She noted that her property is directly across the street from the proposed subdivision. She pointed out that Loch Lane has a water problem. Besides the pond, along side of her home is a brook. She has been asking for assistance for three years, and nothing has been done. She could not understand what the benefit of this subdivision was because the condition of the area is bad, and by adding more impervious surface the condition would get worse. For 50 years she had the use of her property. Once the properties around were developed, her property has been inundated with water. The Town drained the excess water into her pond that has resulted in silt being deposited, which in turn has created flooding. Board of Trustees Meeting July 23,2002 Page 10 of 30 Mr. Laufer addressed the Board. He noted that his property was directly adjacent to the Hoffman lot. He stated that he only spoke on the subdivision once time during the past year because of his relationship with Mr. Hoffinan. At this time, everyone is aware that Mr. Hoffman was moving out of the community and therefore he felt a need to address this matter. He noted that this application has two primary concerns. The first is drainage. The second is the effect on the character of the neighborhood. The existing infrastructure cannot support this plan. Mr. Laufer noted that the majority of the Planning Board advised against approving this application until the overall drainage problems in the area have been reviewed. The Hoffman plan is conceptual in nature and subject to changes. He asked that the vote on this subdivision be held off until the overall scheme of the drainage structure is completely reviewed. The Westchester Soil and Water Commission was to be called in as a consultant after the final plans have been submitted. They have not come in as an independent consultant on the final plans because there are no final plans yet. A better understanding of the overall impact to the community must be examined. The privacy and character of the community must be maintained. The existing plans took no steps to maintain the privacy and character of the neighborhood. The loss of trees on the Hoffman lot will have a visual effect on the neighborhood. Many observations regarding drainage have been submitted. A buffer has been recommended between the Hoffinan and Laufer properties. The applicant reassured the community that he would oversee the integrity of this subdivision. He will now no longer be a resident of the community, which places the obligation to oversee this subdivision on the Village. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that the drainage problems must be solved versus moving them to another area. He also pointed out that we have been in a drought, and yet there still has been flooding in this area. He felt that there was no way for the Village to enforce the regulations being proposed for this small subdivision. This is a small subdivision and he felt that it would be better left as it is to absorb the water. Jody Rasca of Hillandale Road addressed the Board. He felt that the rising water table in Rye Brook is a problem. People do have property rights, but the property rights of all residents must be considered. There is a water problem, which results in a mold problem, which must be addressed. He also pointed out how much money he has expended in water abatement systems, i.e. sump pumps. Board of Trustees Meeting July 23,2002 Page 11 of 30 Mrs. Adrienne Wesley addressed the Board. She noted that the character of the neighborhood, and of the Village of Rye Brook needs to be retained. There is a drainage problem and creating a new lot will exacerbate the problem. She pointed out that this subdivision will add to the drainage problem and will change the character of the neighborhood. It is the job of the Board of Trustees to stop this development in order to protect the interest of the other homeowners in the area. Mr. Bernard Abel addressed the Board. He noted that there has been a perpetual problem in the area regarding flooding. Work was done in the area several years ago in an attempt to solve the problems, but it did not work. He asked that if approved, the applicant be required to put up a bond in the event that he increases the problems of the area. He respectfully requested that the Board deny this application. Rebecca Albrecht, the owner of the property across the street from the Hoffinan property, addressed the Board. She stated, that in her opinion, that the Environmental Assessment Form was improperly completed. The applicant responded to whether or not this development would affect the character of the neighborhood with a no. She also stated that there was no public controversy concerning the project. Ms. Albrecht reviewed many of the memorandums submitted to the Village by Consultants, Village Staff, the firm of J. Kirby & Company, and Engineers. This applicant has not attempted to address the concerns of the community. She noted that her engineer discovered error messages within the Hydro Output that remain unexplained and unaccounted for. They may be normal error messages, or they may change the output significantly. It was also noted that the water flow from this lot could result in exacerbated flooding. Mr. Hoffman's rights to use and develop his lands should not take away from his neighbors' rights to use their land and to have a healthy environment. Mrs. Giorgi of 2 Edgewood Drive addressed the Board. She noted that she made the video, along with Mrs. Wesley, that was presented to the Planning Board. The water was not flowing from Mrs. Phillips property, but rather Mr. Hoffman's property. Trustee Santon commented that a lot of discussion has surrounded the topic of drainage. He felt that there was an additional topic that he felt needed to be addressed. In reviewing the original Byram Ridge subdivision he found that it does not show the Hoffman and Laufer properties as two parcels, but rather as one combined parcel. He asked for time to review this subdivision. He felt that it was incumbent upon the Village to track down Board of Trustees Meeting July 23,2002 Page 12 of 30 the documentation for the existing configuration. There is also the topic of restrictive covenants that needs to be addressed, as does the issue of the existing drainage and sewage easement that runs through the property. The Village has hired the Westchester County Soil and Water Conservation District and they should be allowed to evaluate the submission that was received from the applicant in June. He felt that the public hearing should be left open until the Rotfeld report on the Blind Brook has been completed. He felt that these were fundamental land use issues that needed to be evaluated. Mayor Filipowski directed Mr. Bradbury and Mr. Beane to look into the issues of the subdivision, restrictive deeds and easement. He also asked that Mr. Rotfeld review the engineering issues that were raised, and that the Westchester County Soil and Water Conservation District be asked to review the final plan. Mayor Filipowski noted that many questions have been raised and he felt that the moratorium could effect this application. He stated that in light of the information that needs to be reviewed, he asked for a motion to continue the public hearing to the next board meeting. Trustee Brackman agreed that it would be best to keep the Public Hearing open. However, she felt that the Board should also move forward with the action on the moratorium so that it is not prejudiced by this application. Mayor Filipowski noted that the moratorium was on the agenda for the next Board meeting. Trustee Santon felt that it was quite simple. The Board has been talking about a moratorium for almost a year. It is not fair to the Village and the residents to allow one applicant to impact the destiny of the Village from the standpoint of land use planning. There is an appeals provision and if the Hoffman application is worthy of relief from the moratorium then they will be granted the relief necessary. Mayor Filipowski clarified that he did not say that he was in favor of putting off the moratorium. He simply noted that the in oratorium was on the agenda for the next meeting. He made a point information that the moratorium was adjourned so as not to appear that the Village Board was prejudging what was going on. Board of Trustees Meeting July 23,2002 Page 13 of 30 On a motion made by Trustee Santon, and seconded by Trustee Brackman, the Public Hearing was adjourned to August 13, 2002. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Rotfeld requested that all information and reports be submitted to the Village so that they can be evaluated. Trustee Santon felt that the August 13th date was not feasible. Mr. Rotfeld's study of the Blind Brook is six weeks away from being completed. The Westchester County Soil & Water Conservation District will not be ready with their report before the next Board of Trustees meeting. He felt that two weeks was an insufficient time period and, therefore, he suggested placing this matter on the second meeting of August (8/27/02), or a meeting in September. Mayor Filipowski asked if Mr. Rotfeld felt that his report would be completed by August 27th. Mr. Rotfeld stated that he would attempt to complete the portion relating to this project by that date. Trustee Goodman felt the moratorium and this applicant go hand-in-hand. The applicant must decide whether or not they can get all of the outstanding information in within the next weeks, or risk the fact that in two weeks there may not be an application. Mr. Maron responded that the applicant has provided all information requested. The deed restrictions have been addressed at the Planning Board. This application should go forward. Mr. Beane noted that the motion was to adjourn to August 27th. Mr. Beane noted that the previous motion must be rescinded, before the date can be changed. Trustee Santon made a motion, which Trustee Degling seconded, regarding changing the adjournment date to August 27th. This opened up a discussion on the matter. Trustee Degling noted that the Board would be lacking information and, therefore, he suggested choosing an alternate date. Board of Trustees Meeting July 23,2002 Page 14 of 30 Trustee Brackman noted that the applicant tends to lose his potential rights and she could not understand how it could be adjourned to a date after the discussion of the moratorium. Trustee Santon reiterated his opinion that the moratorium in its current form has been discussed for many months and it would be unfair to hold it up for this applicant. Mr. Beane stated that the moratorium does not deprive the applicant of his rights. It simply defers actions by the Board of Trustees, the Zoning Board of Appeals, and the Planning Board. There is an appeals process, and the Board of Trustees will make the final decision. The applicant, if the moratorium is approved, will have to go through the appeal process. TRUSTEE BRACKMAN VOTING NO TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING NO TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE RESOLUTIONS: 1) ADOPTING A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE, REFUSE AND RUBBISH Mr. Bradbury read the Resolution: RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE, REUSE, AND RUBBISH WHEREAS, a local law was introduced to amend Chapter 135 of the Code of the Village of Rye Brook concerning the preparation and collection of garbage, refuse and rubbish within the Village; and Board of Trustees Meeting July 23,2002 Page 15 of 30 WHEREAS, the adoption of the proposed local law is an unlisted action pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCCRR Part 617; and WHEREAS, a duly noticed Public Hearing was opened on May 28, 2002 and continued to June 25, 2002; and WHEREAS, on June 25, 2002, the Village of Rye Brook Board of Trustees (1) held a work session with respect to the local law and (2) continued the public hearing at the subsequent meeting of the Board of Trustees at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard; and WHEREAS, on June 25, 2002, the public hearing on the local law was closed. NOW, THEREFORE, BE IT RESOLVED, that the Village of rye Brook Board of Trustees hereby declares itself lead agency for the review of the proposed local law; 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 that was prepared for this local law, hereby adopts a Negative Declaration since the local law will not have a significant adverse impact upon the environment; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts the proposed local law to amend Chapter 135 of the Code of the Village of Rye Brook concerning the preparation and collection of garbage, refuse and rubbish in the Village, which amendments are enacted into law as Local Law #5-2002; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this Resolution. A motion was made by Trustee Brackman, and seconded by Trustee Degling. Board of Trustees Meeting July 23,2002 Page 16 of 30 Ms. Elizabeth Rotfeld, a resident of the condominium complex, addressed the Board. She noted that currently Avon Circle does not have garbage pick up, and that they were the only Condos that do not have this collection. She asked that this Resolution be tabled, as she felt that it was unfair to the residents of this complex. She stated that discussions on this topic began in April. They were told that the reason why the Village cannot pick up from them is that they have dumpsters and there is a law stating that the Village cannot pick up from dumpsters. She has not had an opportunity to review that law. However, the law now before the Board will state that. She asked that there be further discussions on this matter. She noted that on page three of the draft law - 135-3 (a) a special privilege was granted for the Arbors. Mr. Beane responded that the law is if a municipality's solid waste collection is funded from the general fund as opposed to a special garbage fund, then every taxpayer in that municipality is entitled to have their solid waste collected subject to reasonable rules and regulations. The rules and regulations which are part of the Suburban contract, and are in this law, require 30-gallon trash cans as opposed to dumpsters. This regulation ensures that the Village will not have to be responsible for picking up from every commercial taxpayer in the Village. This is a totally different agreement, involving different equipment, at an enormous additional cost. The Village is not saying that they will not pickup from the Rye Ridge Condominiums. Contrarily what they are saying is that we cannot pick up from dumpsters. The contract does not allow the pick-up from dumpsters. No special exception has been made from the Arbors. The Arbors have their trash in containers that comply with this law. The Village is asking that the Rye Ridge Condominiums use containers that comply with this law. The reason that dumpsters have been excluded is because under the law the Village would be responsible for pick up from all taxpayers' dumpsters in the Village, including the ones used for commercial uses. The Village has the right to put in reasonable regulations in the law. Mayor Filipowski asked if there was a way to accommodate the special situation at Rye Ridge Condos. Mr. Beane stated that a study needed to be done so that a container or type of container can be decided upon that is suitable. Trustee Santon noted that it was the Board's desire to help the Avon community. The issue of having garbage pick up on private roads was taken up to serve the residents. He felt that there must be a way to Board of Trustees Meeting July 23,2002 Page 17 of 30 accommodate the entire residential community, without having to pick up from office buildings and retail establishments. Trustee Goodman felt that more time should be taken to resolve this matter. She felt that the resolution should be limited to residential. She asked if there was something that stopped the residents from using garbage cans versus dumpsters. Ms. Rotfeld responded that there was not enough space for each resident to have their own trashcans. If they could construct areas for the garbage cans, they would. The only way to do that would be to take away parking spaces, but since there is an insufficient number of parking spaces for the units that won't work. There are 130 garages for 170 units, which shows that there isn't sufficient space to put the trashcans in the garages. Trustee Santon felt that the amendments to Chapter A258 was a step forward. This is an attempt to try and improve the quality of life of the residents of Rye Brook. This is the first time in 20 years that private roads will be receiving solid waste pick up. Trustee Brackman asked if anyone has contacted Suburban Carting to see if they can pick up from the Rye Ridge Condos dumpsters. Mr. Bradbury responded that the problem with picking up from the Avon Circle Condos opens the door for pick-ups from commercial dumpsters. Mr. Beane requested additional time to do some innovative thinking with regard to this proposed law. He stated that he would research this matter, and discuss it further with Suburban Carting. Alan Shankman of Hillandale Road addressed the Board. He stated that he read through the draft and was confused by Section 135-313 that refers to bulky waste and packing. Mr. Beane clarified by noting that Section 135- 3B was a preparation of waste for collection. It states that bulky waste must be packed, but must not weigh more than 50 lbs., or be more than 3' in diameter. However, refrigerators, stoves, sofas, etc., are not packed — they are single items. Mr. Shankman questioned wording within the proposed local law. Trustee Santon responded that he felt that this document was a step forward and he was for adjourning this matter. However, he noted that, in his opinion, there were still inconsistencies in the law that needed to be addressed. Board of Trustees Meeting July 23,2002 Page 18 of 30 A discussion regarding the wood chipping service offered by the Village ensued. Mr. Bradbury clarified that there could be scheduled times for this piece of equipment to be used. The other option would be to bundle branches and have Suburban take it away. Also noted was that if trash is put out and not picked up it must be put back, away from the curb. This usually occurs during the week of a holiday when residents forget that there is no trash pick-up. Mayor Filipowski asked for a motion to adjourn this Resolution to August 13th On a motion made by Trustee Brackman, and seconded by Trustee Santon, the Resolution was adjourned to a later date. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2) ADOPTING A LOCAL LAW TO AMEND SECTIONS 240-12, 240-18 AND 240-20 OF CHAPTER 24 OF THE VILLAGE CODE WITH RESPECT TO PARKING REGULATIONS AND COMMERCIAL VEHICLES. Mr. Bradbury read the following Resolution: RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING PARKING OF PERSONAL AND COMMERCIAL MOTOR VEHICLES WHEREAS, the Traffic Commission of the Village of Rye Brook has recommended certain amendments to Chapter 240 of the Village Code concerning parking of personal and commercial motor vehicles; and WHEREAS, a proposed local law was introduced to amend Sections 240-12, 240-18 and 240-20 of Chapter 240 of the Code of the Board of Trustees Meeting July 23,2002 Page 19 of 30 Village of Rye Brook with respect to parking regulations and commercial vehicles; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on July 9, 2002, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on that date; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of such local law is a "Type IP" action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds it in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook with respect to parking regulations and regulation of commercial vehicles, which local law is enacted into law as Local Law # 7-2002; and BE IT FURTHER RESOLVED, that the Mayor and Village Clerk are authorized to sign all necessary documents to implement 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 3) REFERRAL TO THE PLANNING BOARD ON A LOCAL LAW TO AMEND SECTION 240-34D, H-1 HOTEL DISTRICT OF THE VILLAGE CODE Board of Trustees Meeting July 23,2002 Page 20 of 30 Mr. Bradbury read the following Resolution: RESOLUTION REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO AMEND SECTION 250-34.D, H-1 HOTEL DISTRICT, OF THE VILLAGE CODE WHEREAS, the Board of Trustees is considering a local law to amend Chapter 250-34.D., H-1 Hotel District, of the Code of the Village of Rye Brook with regard to minimum required lot area and minimum required street frontage; and WHEREAS, the proposed text amendments are attached to this resolution, with text to be deleted shown in strikeout and text to be added shown in underline; NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the proposed text amendments, as attached hereto, to the Planning Board for review and comment. RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND SECTION 250-34.D, H-1 HOTEL DISTRICT, OF THE VILLAGE CODE RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on [ ] at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a local law to amend Chapter 250-34.D., H-1 Hotel District, of the Code of the Village of Rye Brook with regard to minimum required lot area and minimum required street frontage. A LOCAL LAW to amend Chapter 250-34.D., H-1 Hotel District, of the Code of the Village of Rye Brook. Board of Trustees Meeting July 23,2002 Page 21 of 30 BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows: Section 250-34.D. of the Code of the Village of Rye Brook is amended to read as follows: § 250-34. H-1 Hotel District. D. Site. [Amended 1-9-1995 by L.L. No. 1-1995] (1) The developer or holder of the fee shall deed in fee simple to the village ten percent (10%) of the total acreage to be subdivided for recreational use by the village or pay a recreation fee in lieu thereof, as may be required, as specified in the Village of Rye Brook Subdivision or Site Plan Regulations or as such regulations may be amended. (2) The minimum site for a hotel and accessory buildings shall consist of t-,Y�-elve (12)-Len-(10) acres. (3) The site shall have a frontage of at least one thettsan (1,000)- five hundred (500) feet on a highway or street with a minimum one- hundred-foot right-of-way. Trustee Degling suggested changing the minimum to a 75' right of way. Mr. Beane stated that he has discussed this matter with Mr. Kvinge and noted that there is no 100' right of way within the Village. The minimum right of way should be lowered. Steven Silverberg, Esq., addressed the Board as the representative for Doral Greens. He asked why there seemed to be a rush to refer this matter to the Planning Board. He asked that the Board of Trustees defer referring this matter until September, or until the Village has received a full submission from the applicant. Trustee Goodman stated that she felt that this matter could be deferred. Board of Trustees Meeting July 23,2002 Page 22 of 30 Mr. Beane noted that without the text amendments there could never be a hotel in this area. The Code does not match up to any physical dimensions of the property. So, even if the Garden Inn application was not before the Board, these amendments would need to be made because no one could construct a hotel on this property. The amendments are not tied to the Garden Inn, or any other application. Trustee Degling noted that this language crept into the Code in the 70's when the Hilton was constructed. It has been found that any applicant, with any design, cannot meet the requirements of the Zoning Code. He felt that the Board was simply making the Code sensible. Mayor Filipowski asked if there was any jeopardy for not making this change. Mr. Beane responded that adopting this text amendment would simplify matters. Trustee Santon felt that there should not be a reduction from 12 acres to 10 acres because the parcel is 12 acres. Mr. Beane responded that two acres are zoned residential. Mr. Kvinge noted that there are non-conformities within the site. The intent with these specific proposed text amendments is to deal with the non- conformities with specific references to the site. Basically, these text amendments would make it a conforming lot. Mr. Bradbury noted that this item was placed on the agenda due to a request by staff. These amendments clean up the Code. These changes make this a viable zone. With reference to the applicant, they are seeking several text amendments. Trustee Santon felt that these were zoning defects that Village staff requested be resolved. He felt that the Board should move forward. Trustee Degling noted that this site has been identified as a Hotel zone. The amendments will correct the inconsistencies of the law and the Code. This will make it technically possible for an applicant to design a hotel in this hotel zone. The decision was made to refer this matter to the Planning Board. Board of Trustees Meeting July 23,2002 Page 23 of 30 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 NAY TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING NAY 4) ONE APPOINTMENT TO THE ZONING BOARD OF APPEALS Mr. Bradbury read the following Resolution: RESOLUTION APPOINTMENT TO THE ZONING BOARD OF APPEALS RESOLVED, that Joan Feinstein of 6 Robins Roost is hereby appointed for a term that expires at noon on the first Monday in April, 2005. On a motion made by Trustee Brackman and seconded by Trustee Goodman 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) REFERING AQUARION WATER COMPANY SITE PLAN APPLICATION TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the following Resolution: RESOLUTION Board of Trustees Meeting July 23,2002 Page 24 of 30 REFERRING AQUARION WATER COMPANY SITE PLAN APPLICATION TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, Aquarion Water Company has made an application to the Village of Rye Brook requesting site plan approval for a water booster station located on Anderson Hill Road; and WHEREAS, the subject property is located on the south side of Anderson Hill Road west of the intersection formed by Anderson Hill Road and King Street within the public right of way; and 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 for site plan approval; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Westchester County Planning Department, the Village Planning Board and the Planning Consultant of the Village of Rye Brook for a report and recommendation; and BE IT FURTHER RESOLVED, that the Applicant deposit the sum of $5,000 to be used toward professional fees incurred during the review of this application. Mr. Mark Miller of Veneziano & Associates addressed the Board as the representative for the Applicant. He noted that this water pumping station is located on Anderson Hill Road. He stated that during the Bellefair approval process it was determined that there was insufficient water pressure in the area and, therefore, a booster station was constructed. At this time the Applicant is seeking referral to the Planning Board. The plan before the Board provides for landscaping. The plan will also finalize the access drive. This driveway will have a chain across both the entrance and exit to prevent unwanted parking on the site. Mr. Miller noted that approximately 13 trees, 8' to 10' in height, will be planted making sure that the line of sight is not blocked. There will be 22 shrubs planted on the island between the edge of Anderson Hill Road and the access road. They will be 4' to 4 1/z' in height and be no taller than 6' in height. Board of Trustees Meeting July 23,2002 Page 25 of 30 Trustee Santon asked if there was an easement from the property owner consenting this Application. Mr. Miller stated that there was. Mr. Nicholas Lyras of Doral Greens addressed the Board. He asked how this property will be maintained. Mr. Miller responded that he would have to research this matter. On a motion made by Trustee Brackman and seconded by Trustee Goodman, the Application will be referred to the Planning Board. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6) APPROVING MEETING MINUTES: October 9, 2001 April 9, 2002 May 7, 2002 -- Rosen Work Session Mayor Filipowski suggested that for the benefit of Trustee Goodman the minutes were separated as she was not on the Board in October or 2001. The April 9, 2002 and May 7, 2002 Summaries were accepted, subject to minor corrections. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE The October 9, 2001 were accepted, as submitted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN ABSTAINED TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting July 23,2002 Page 26 of 30 OLD BUSINESS: 2. REPORT FROM VILLAGE ENGINEER ON STATUS OF RED ROOF Mr. Carosi noted that the performance bond is still in place. The Village has not yet accepted the project. There are several items still outstanding, both major and minor. The developer has been advised that he needs to address these issues. There are a number of drainage issues that need to be addressed, as does the issue of sidewalks to be constructed along Ridge Street. The outstanding issues have been outlined to the Village Board in Mr. Carosi's July 9, 2002 memo. The Village is looking to move forward and staff is keeping in close contact with the developer and Village's Counsel in order to keep the project moving forward. At this time the full value of the performance bond is still in place. Mr. Beane commented that there have been a number of items that have been completed. Progress is being made. There are, however, a number of additional items that still need to be addressed. He felt that a number of additional items should be completed by the August 13, 2002 meeting of the Board of Trustees. Mr. Beane was optimistic that many of the issues outlined in Mr. Carosi's memo would be completed soon. Trustee Santon questioned if this work was being done as the Village Attorney on the retainer and if it is running up the litigation costs. Mr. Beane noted that the work was split. Most of the work is on retainer, with a small amount of litigation. Mr. Carosi noted that there were two separate issues involved. A supplemental drainage project that has been initiated and then there are other issues which are currently in litigation. Mr. Carosi noted that the developer has asked for a reduction on the bond, and the Village is researching this matter. Many systems have been completed, i.e., the drainage systems, and the roadway systems. To date no reduction has been made on the Performance Bond. Trustee Santon felt that as the developer has failed to perform, the Village is incurring high litigation costs. He asked if there were any mechanisms by which the Village could recur the legal fees. Mr. Beane stated that the Board of Trustees Meeting July 23,2002 Page 27 of 30 Performance Bond directly relates to construction items. The problem with pulling the bond is separate and apart from the bond company who will likely take the position that it should not be pulled, which will precipitate another litigation. The Village is trying to complete this project as efficiently as possible. That is why the Village has not pulled the bond. Trustee Santon asked if the Village or the Developer or the residents were paying for garbage removal on these streets. Mr. Carosi noted that the developer has an agreement with the Village for pick-up at these private roads. The agreement is running out. This is the same agreement as the Village had with the developer of Bellefair. Barry Cohen, a resident of North Ridge Street addressed the Board. He noted that his property is being flooded by water runoff from the Red Roof Farm development. His property, and the adjacent properties, are taking in a lot of water. He asked that his property not be forgotten when the Village looks to solve drainage issues. He also asked that not one penny of the performance bond be released to this developer until years after completion. This developer has not always acted in good faith in developing this property. Mr. Beane responded that the Village is aware of the drainage problems and, in his opinion, things will move along as soon as an easement is granted from Lot 26. Mayor Filipowski thanked everyone for their input. 1. STATUS OF REPORT ON CODE MODIFICATIONS BY PLANNING CONSULTANT Mr. David Kvinge addressed the Board. He stated that he has submitted a memorandum dated July 18, 2002. He noted that he hoped to have the bulk of the work done on all the amendments by August. In this way, by September there should be draft text amendments for everything except the bulk regulations which require additional study. The amendments will be referred to the Planning Board for their review. The next step will be the public process. Board of Trustees Meeting July 23,2002 Page 28 of 30 NEW BUSINESS 1. DISCUSSION ON COLLECTING SOLID WASTE FROM DUMPSTERS IN AVON CIRCLE Ms. Liz Rotfeld asked for a timeframe on the follow up communication. Mr. Beane stated that he would contact Suburban Carting to research additional types of containers. When the information is gathered, Mr. Beane stated that he would communicate with Ms. Rotfeld to try and figure out a way to resolve this problem. Mr. Bradbury noted that the County has been invited to attend the August 27th Board meeting to discuss the De-Icing Facility proposed for Westchester County. An announcement was made regarding water restrictions which are still in place. Information on the restrictions is posted on the Village's website. The work on the sidewalks on Ridge Street is still in process. Trustee Brackman asked when the new telephone poles would be installed. Mr. Victor Carosi stated that the work would be starting immediately. Trustee Santon asked that the Village continue to keep the residents informed of the Stanwich application, and when they would be making their presentation to the Village. He also asked that there be an update on Nextel and their proposal to install a wireless facility. Mr. Bradbury noted that Nextel requested an adjournment for this meeting. Trustee Santon noted that the setback for construction of a wireless facility is 125'. Mr. Kvinge responded that the 125' setback applies to freestanding towers and not attached facilities which is the case with the Nextel application. Trustee Brackman noted that she viewed some flagpole antennas on a recent trip which she found to be not terribly offensive. They were similar to what Nextel has proposed for the Village property. Mr. Abel addressed the Board regarding the Revaluation. He asked that the Board of Trustees hire the proper attorneys and consultants to research this matter. He felt that the Village was going to be forced into this Re- Evaluation and he asked that the Board of Trustees do everything in their power to protect the residents against the Rye Town Board. Board of Trustees Meeting July 23,2002 Page 29 of 30 Mr. Ken Heller addressed the Board. He also commented on the Revaluation. He stated that they discussed fairness, yet it is important to note that those discussing fairness draw a salary, paid for with taxpayer monies. This has nothing to do with fairness. The Town Board is talking about assessments for the Town, the County and the School Boards. Currently 30% of the Village of Port Chester's properties are off of the tax roll. He also noted that it is the school taxes that make up the majority of the property taxes. Although he agreed that there should be fairness, he questioned at what cost— and at whose cost. The residents must be protected from this Re-Evaluation, and that is the job of the Village Board. Mrs. Abel of the Westmore News presented the Board with a book of all the issues of the Westmore News for the year, along with two additional books from the previous two years. Mayor Filipowski noted that the next Board of Trustees meetings were scheduled for August 13, 2002 and August 27, 2002. There being no further business before the Board, the meeting was adjourned at 11:30 p.m. Respectfully Submitted, Christopher I Bradbury Village Clerk Board of Trustees Meeting July 23,2002 Page 30 of 30