Loading...
HomeMy WebLinkAbout2002-10-08 - Board of Trustees Meeting Minutes SPECIAL/AGENDA MEETING VILLAGE OF RYE BROOK Board of Trustee Meeting Village Hall, 938 King Street Tuesday, October 8, 2002—7:30 p.m. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARING 1) CONSIDERING DR. MYUNG-HO LEE'S BUILDING EXPANSION, AMENDED SPECIAL USE PERMIT, AND SITE PLAN APPROVAL LOCATED ON 62 BOWMAN AVENUE RESOLUTIONS 1) REFERRING CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM TO THE PLANNING BOARD 2) REFERRING APPLICATION OF ELISABET CARLSON, 13 LINCOLN AVENUE, FOR A VARIANCE FROM THE MORATORIUM TO THE PLANNING BOARD 3) AWARDING CONTRACT #02-07: FIREHOUSE DEMOLITION & ASBESTOS ABATEMENT PHASE 4) SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE, REFUSE AND RUBBISH 5) APPROVING 2001/2002 YEAR END BUDGET MODIFICATIONS 6) APPROVING 2002/2003 BUDGET MODIFICATIONS 7) DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 1 OF 30 8) APPROVING MEETING MINUTES: May 14, 2002 August 13, 2002 August 27, 2002 February 19, 2002 (Grievance Day) May 28, 2002 July 9, 2002 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1) CONSIDERATION OF A LANDCAPE PLAN FOR THE PINE RIDGE BALLFIELD 2) DISCUSSION OF BOARD ACTION ON WESTCHESTER COUNTY'S PROPOSED DE-ICING FACILITY, INCLUDING THE PASSING OF A RESOLUTION, RETENTION OF EXPERTS, CONSULTANTS, ATTORNEYS, AND/OR LOBBIEST, AND COORDINATION WITH NEIGHBORING COMMUNITIES 3) KING STREET TRAFFIC AT HUTCHINSON RIVER PARKWAY INTERCHANGE 4) ROADWAY/SIDEWALK IMPROVEMENT AND TREE PLANTING PROGRAMS FOR THE 2002-2003 FISCAL YEAR 5) UPDATE ON VARIOUS UTILITY EASEMENT MATTERS 6) UPDATE REARDING SURVEY ON RICH MANOR PARK 7) VARIOUS ISSUES RELATING TO THE RED ROOF FARM SUBDIVISION 8) VARIOUS ISSUES RELATING TO HILTON GARDEN INN APPLICATION 9) VARIOUS ISSUES RELATING TO THE DEER RUN SUBDIVISION AND NEARBY LINCOLN AVENUE CORRIDOR PROPERTIES 10) PROPOSED AMENDMENTS TO LATEST "DRAFT" OF THE PROPSED LOCAL LAW TO AMEND CHAPTER 135 (GARBAGE, RUBBISH, AND REFUSE) OF THE VILLAGE CODE AND RESOLUTION TO ADOPT SAID LOCAL LAW 11) AIRLINES THAT ARE NOT COMPLYING WITH THE VOLUNTARY CURFEW BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 2 OF 30 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC CONVENE Mayor Filipowski called the October 8, 2002 Board of Trustees Meeting to order at 7:30 p.m. BOARD: Mayor Francis Filipowski Trustee Jody Brackman Trustee Donald Degling Trustee Carol Goodman Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assist. to the Village Administrator Ed Beane, Village Counsel Robert Bertolacci, Parks & Recreation Superintendent Victor Carosi, Village Engineer David S. Kvinge, RLA, AICP, Village Consultant Chief Robert Santoro, Police Chief Paula Patafio, Meeting Secretary PUBLIC HEARING 1) CONSIDERING DR. MYUNG-HO LEE'S BUILDING EXPANSION, AMENDED SPECIAL USE PERMIT, AND SITE PLAN APPROVAL LOCATED ON 62 BOWMAN AVENUE Russell A. Giorno, Esq., from the law firm of Gioffre & Gioffre, addressed the Board as the representative for Dr. Lee. Mr. Gary Gianfrancesco, Architect, was also in attendance to respond to any questions from the Board and members of the public. Mr. Giorno noted that the subject of this application is property located at 62 Bowman Avenue in an R2F District. The existing building's primary use is a medical office where Dr. Lee, a cardiologist, practices. His tenant, an attorney, has offices on the second floor of this structure. These are permitted uses per the Special Use Permit granted to Dr. Lee. Dr. Lee has made an application for a Building Permit for an expansion to the existing building. This expansion requires an amendment to the Special Use Permit. Mr. Gianfrancesco addressed the Board. He noted that this parcel is 18,186 square feet, 0.42 of an acre. This is the largest parcel on the block, and is located in an R2F District. This matter dates back almost one year. On November 13, 2001 the Board of Trustees referred this matter to the Planning Commission for a recommendation. In May of 2002, the Planning Board made a positive recommendation for the approval of this project, with conditions. BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 3 OF 30 The proposed addition will include an exam room, two handicapped accessible restrooms, a larger patient waiting area, a reception area, an elevator and enclosed staircase. A significant amount of the square footage has been allocated to the elevator, the enclosed fire stairs, and the handicapped accessible restrooms. This application also seeks to increase the amount of onsite parking at the rear of the property. Mr. Gianfrancesco noted that the proposed hours of operation for Dr. Lee's practice are Monday through Friday, 8:30 a.m. to 6:00 p.m., Saturday 9:00 a.m. to 1:00 p.m. This application seeks to amend the total number of employees to 12 at this location. This includes the expanded medical practice and the attorney/tenant. As was previously noted, the hours and days of the doctors are staggered. One doctor may be there on Monday, Wednesday and Friday. Another doctor may be there on Tuesday and Thursday. The request for 12 employees assumes that all of the doctors are there at the same time, but this is not how the office actually practices. The average number of employees on a specific day will be approximately nine at the site. The net square footage dedicated to professional use is approximately 3,096 square feet. This square footage equates to 11 parking spaces. Dr. Lee has proposed 16 on-site parking spaces, plus 2 handicapped spaces. The side yard previously had a handicapped ramp, which will be eliminated. There is a significant landscaped buffer in the parking area. There will be low level controlled light fixtures installed. The curb cut will be widened at the front of the driveway to allow for two-way traffic. The entire structure, both old and new, will be fully sprinklered. Mr. Lou Fuller of Bowman Avenue addressed the Board in opposition to the application. He noted that he has been a resident for 16 years. During that time he has witnessed a commercialization of Bowman Avenue. The neighborhood is mixed use, but recently all of the homes that have been sold have been turned into offices. All the new buyers are aware of the zoning code, and have tried to keep the buildings in character with the neighborhood. But, unfortunately, the character of the neighborhood is changing, and the amount of traffic is increasing. When an application is made to the Village the applicant presents plans that shows what will be built, but something else always seems to be constructed. One example from Dr. Lee's original application was a chairlift that turned into a large, covered, handicapped ramp closer to the property line than was allowed. Mr. Fuller also noted that doctors see a tremendous amount of patients in a day. Appointments are stacked one on top of another. As a result he felt that the parking would be insufficient. He also noted that the Village code states that only two professionals are allowed per dwelling, however Dr. Lee has already exceeded the number of professionals. Pat Federici, a patient of Dr. Lee's addressed the Board in support of the application. He stated that having Dr. Lee in Rye Brook has allowed him to save the lives of many residents. Many of the doctors that were tenants in Rye Ridge have moved away because of escalating rents. The Village needs a good cardiologist and the Board should do what they can to keep him here. BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 4 OF 30 William Summa of Westchester Avenue addressed the Board. He noted that as a resident of the area he too is aware of the commercialization. Dr. Lee is held in the highest regard by his patients and no one wants to see him leave. He asked that the Board do everything in their power to help Dr. Lee stay in the community for the good of the community. Trustee Santon noted that Dr. Lee was requesting amendments to his Special Use Permit. A Special Use Permit gives people the right to place a business within a residential area, or in this case grants permission to expand a business. When Dr. Lee was granted his original Special Use Permit in 1999 there were nine conditions made a part of it, however, he has not complied with a number of these conditions. The Special Use Permit allowed five employees, but there are currently 12 employees. In doing this he exceeded the occupancy, he exceeded the number of professionals, and he ignored the conditions set forth in his Special use Permit, and the Zoning for the Village. Trustee Santon pointed out that Dr. Lee has chosen to rent the second floor of this building to an attorney. In addition, he has sublet space to a podiatrist. If he asked his tenants to leave he could expand his practice within the existing building. Trustee Santon also noted that Dr. Lee made changes to the site plan without approvals. He changed the handicap accessible chairlift to a covered handicapped ramp. He was supposed to install grasscrete in the parking area, but instead he paved it. Dr. Lee was required to file with the Westchester County Clerk a covenant that the lot would not be subdivided, which to-date has not been filed with Westchester County. There was also additional landscaping that was supposed to be put in, that has not been installed. Trustee Santon stated that there has been a lack of compliance in connection with a privilege that was granted to Dr. Lee in 1999. This is a land use application within a residential area, and the neighbors, and the community in general, should be protected. This is not a unique situation in that there are non-compliance issues with other Special Permits. Bowman Avenue was identified in the Village's Vision Plan as a good corridor for professional uses, and Trustee Santon expressed his opinion that perhaps it is time for the Board to do some planning, follow-up on the Vision Plan, and research whether or not it is time to turn this corridor into a professional zone, rather than on a piecemeal basis with individual special permits. With regard to Dr. Lee, Trustee Santon noted that it was the applicant that asked for adjournments before the Zoning Board of Appeal for the past three or four months in a row. Mr. Gianfrancesco requested the opportunity to respond to several of the points raised by Trustee Santon. He noted that this project, as constructed, is consisted with the Village's Vision Plan. A medical practice and law practice are permitted uses provided certain criteria are met. The Planning Board has found that the criteria has been met. This is not in contradiction to the Village Code; it is a business use in a residential zone. The Code allows for this, and provides for this provided certain criteria is met. With regard to delays before the Zoning Board of Appeals, Mr. Gianfrancesco noted that for at least three months that this matter was before that Board there was not a full contingent of BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 5 OF 30 Zoning Board members present. This would have put Dr. Lee at a disadvantage and he was offered the opportunity to adjourn to the next meeting when there might be a full Board. Mr. Gianfrancesco addressed the remaining issues; he noted that the grasscrete was installed. He also pointed out that the chair lift was an issue that Dr. Lee felt that as many of his patients cannot climb stairs the ramp would be the better form of access. This ramp is in compliance with all of the ADA regulations. There has been additional paving on the site in order to stop a water runoff problem on his neighbor's property. The additional paving was successfully installed to alleviate the runoff to the Traynor property. Trustee Brackman stated that she remembered the hearings about the project, and clearly remembered the Planning Board being very upfront about the amount of impervious surface that should have been installed. There is more impervious surface than was approved. There are also more cars, and more people, than permitted. She felt that this must be considered when addressing the current project. She felt that the non-compliance issues needed to be addressed. Mr. Gianfrancesco noted that the new project would remove many of the non-compliance issues. The handicapped ramp will be removed and replaced with interior elevators. The new plan provides for a multitude of drywells to handle the runoff There are no drainage problems on the site now. With regard to the number of employees, after researching the prior Special Use Permits, he was unable to find any permit that listed a restriction on the number of professionals allowed. The Special Permits always spoke of the total number of employees. There is no differential between professionals and support people. Mr. Bradbury noted that in July the Planning Board had asked that the Village Staff review the prior Special Use Permit and the conditions placed upon it. He noted that there were nine conditions, and several were found to not be in compliance. If the current application is not approved, Dr. Lee will have to go back and adjust many of these items. If the current application is approved, many of the non-compliance issues will be corrected. At this time Mr. Bradbury is researching the covenant. He found that there was nothing on file with the Village, and he was now reviewing the County's files. Mr. Bradbury noted that although some grasscrete was installed, and as it currently exists on the site, it is less than was required by the site plan for the project. Trustee Santon noted that the applicant accepted the conditions on the Special Use Permit. He knew how many employees were allowed in the structure, and yet he chose to bring in an attorney and a podiatrist. He reiterated his opinion that if Dr. Lee needs more space to expand his practice, perhaps he should consider trying to recapture the space leased to tenants. Trustee Santon noted that during the summer the Board of Trustees discussed having the Building Department survey all of the Special Use Permits that have been granted to see if they are in compliance. He asked for the status of this project. An applicant who is not BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 6 OF 30 in compliance should not be rewarded by having the Board of Trustees approve an expansion of said Special Use Permit. Mr. Kvinge noted that the Planning Board recommended approval of the site plan as modified during their review. They also discussed text amendments to the Village Zoning Code. They recommended that whatever was required to ensure compliance with all existing permits and codes was to be done prior to the Village Board granting an approval. 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 VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski asked that item 93 under the Resolution portion of the agenda be taken out of order. The Board agreed. RESOLUTION: 3) AWARDING CONTRACT #02-07: FIREHOUSE DEMOLITION & ASBESTOS ABATEMENT PHASE Mr. Bradbury read the following Resolution: RESOLUTION AWARDING CONTRACT #02-07 FIREHOUSE DEMOLITION ABATEMENT PHASE WHEREAS, the Village of Rye Brook has solicited bids for Contract 402-07 "Firehouse Demolition& Asbestos Abatement Phase"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on September 3, 2002; and BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 7 OF 30 WHEREAS, at 10:00 am, Wednesday, September 25, 2002, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND HIH Industries, Inc. $44,900.00 No FMC. Inc. $45,160.00 (withdrawn) Yes Garito Contracting Corp. $68,475.00 Yes Tricarico Contractors $68,500.00 Yes Morris Park Contracting $77,773.00 Yes Rogan Brothers Sanitation $78,000.00 Yes A.T. Inc. $97,000.00 Yes WHEREAS, upon reviewing the bids, the Construction Manager, Calgi/EMC determined that HIH Industries, Inc. was not responsive as they did not submit a bid bond, and FMC. Inc. requested to withdraw their bid, and therefore Garito Contracting Corp. is the responsible bidder meeting the requirements of the contract documents with a bid of$68,475.00, NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract 9 02-07 "Firehouse Demolition Abatement Phase" is hereby awarded to Garito Contracting Corp. for the total bid price of$68,475.00; 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. Mr. Bradbury noted that the Village was anxious to have this project move along. There were two low bids, but one was non-responsive. The second firm did not correctly factor in the asbestos removal fee and they asked to be withdrawn. BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 8 OF 30 Trustee Brackman questioned the removal of the underground tank. She wanted to ensure that sufficient testing has been done before the tank is removed. Mr. Dominic Calgi stated that testing will be done prior to the removal of the tank. Mr. Dominic Calgi, from Calgi Enc., addressed the Board. He stated that prior to the removal the testing agency will be brought in. Once the tank is removed, there will be additional testing to be sure that there is no contamination. He pointed out that the bid took into account the removal of 20 yards of contaminated material. Trustee Brackman noted that should a leak be discovered, the Department of Environmental Conservation will be notified. If there is contamination, and extra work needs to be done, she noted that the additional work was not included in the bid. Trustee Santon noted that the drilling probe has started. Mr. Calgi stated that the eight borings have been done, and the investigative report should be completed by the end of the following week. Trustee Santon requested a timeframe. Mr. Bradbury responded, noting that asbestos abatement, and the removal of the underground tank, will be completed in the first two weeks. The demolition of the building will begin by the 3rd week. And, the work should be completed by week 7. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski returned to the agenda, and called for the next item: 1) REFERRING CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM TO THE PLANNING BOARD Mr. Bradbury read the following Resolution: RESOLUTION REFERRING CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM TO THE PLANNING BOARD WHEREAS, the Village of Rye Brook has adopted a moratorium on certain land use approvals (Local Law 5-2002) that prohibits the Village from considering an application for site plan approval for properties located on Lincoln Avenue unless a variance from the moratorium is obtained in accordance with Section 10 of the Law; and BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 9 OF 30 WHEREAS, in September, 2002, Con Edison submitted an application for site plan approval for certain improvements located in the public right of way on Lincoln Avenue and Sunset Drive in connection with Con Edison's proposal to install an underground gas regulator station; and WHEREAS, by letter dated September 20, 2002, Con Edison submitted an application pursuant to Section 10(b) of the moratorium requesting the Board of Trustees grant Con Edison a variance from the moratorium. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Trustees refers Con Edison's application for a variance from the moratorium to the Planning Board for consideration at its October 10, 2002 meeting for a report and recommendation. AND IT IS FURTHER RESOLVED, that the Board of Trustees shall hold a public hearing on October 22, 2002 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider Con Edison's application for a variance from the moratorium. Mayor Filipowski noted that the Planning Board is scheduled to review this application at their October 10, 2002 meeting. This application is for a Variance from the moratorium. On a motion made by Trustee Brackman, and seconded 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 2) REFFRING APPLICATION OF ELISABET CARLSON, 30 LINCOLN AVENUE, FOR A VARIANCE FROM THE MORATORIUM TO THE PLANNING BOARD. Mr. Bradbury read the following Resolution: RESOLUTION BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 10 OF 30 REFERRING APPLICATION OF ELISABET CARLSON, 30 LINCOLN AVENUE, FOR A VARIANCE FROM THE MORATORIUM TO THE PLANNING BOARD WHEREAS, the Village of Rye Brook has adopted a moratorium on certain land use approvals (Local Law 5-2002) that prohibits the Village from considering an application for re-subdivision for properties located on Lincoln Avenue unless a variance from the moratorium is obtained in accordance with Section 10 of the Law; and WHEREAS, in July, 2002, Elisabet Carlson of 30 Lincoln Avenue, Rye Brook, New York submitted an application for re-subdivision and upon receipt of the application, the Village Engineer advised Ms. Carlson that the application was incomplete and the Village would be enacting a moratorium that would prevent the Village from considering her application unless a variance were obtained; and WHEREAS, by letter dated September 19, 2002, Ms. Carlson submitted an application pursuant to Section 10 of the moratorium requesting a variance from the moratorium. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Trustees refers Elisabet Carlson's application for a variance from the moratorium to the Planning Board for consideration at its October 10, 2002 meeting for a report and recommendation; AND IT IS FURTHER RESOLVED, that the Board of Trustees shall hold a public hearing on October 22, 2002 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider Elisabet Carlson's application for a variance from the moratorium. Trustee Santon noted that this resolution was being made as a referral for the purpose of evaluating the requested variance from the moratorium, not the underlying subdivision applications itself. He asked that the Applicant clarify what the reason for the appeal was. Technically, the application is for a subdivision, although nothing is proposed to be constructed on the property. The rear property of Ms. Carlson's property is adjacent to the property of a Deer Run owner. It is really a property swap, however, it should be noted that the property has been clear-cut and a fence has been constructed. This property abuts the Blind Brook. Anthony Provenzano, Esq., the attorney for the Applicant, addressed the Board. He noted that contracts are currently pending between Ms. Carlson and the homeowner at Deer Run. He was unaware of any clear-cutting. The homeowner cleaned up the property in anticipation of placing her home on the market, but to the best of his knowledge no large trees were removed. He will review this matter with his client and have a response prepared for the Planning Board. BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 11 OF 30 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 4) SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARBAGE, REFUSE AND RUBBISH Mr. Bradbury read the following Resolution: RESOLUTION SETTING A DATE FOR APUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 135 OF THE VILLAGE CODE CONCERNING GARGAGE, REFUSE & RUBBISH RESOLVED, that the Board of Trustees of the Village of Rye Brook shall conduct a public hearing on October 22, 2002 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a local law to amend Chapter 135 (Garbage, Refuse and Rubbish) of the Code of the Village of Rye Brook with regard to garbage preparation and collection. Trustee Santon stated that he had changes he would like to be made to this resolution. He felt that before a Public Hearing is noticed, the resolution should be properly revised. Mr. Beane stated that the only limitation would be that there should be ten (10) days from when the resolution is in final form before the law can be passed. This matter can be placed on the agenda for the first meeting in November. Mr. Beane stated that both he and Village Staff have had many meetings with Avon and Suburban Carting. Avon is not prepared to go forward with the suggested revisions of the larger containers. They did request leaf and bulky waste pick up. Once accepted, this law can be amended. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 12 OF 30 TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5) APPROVING 2001/2002 YEAR END BUDGET MODIFICATIONS Mr. Bradbury read the following Resolution: RESOLUTION APPROVING 2001/2002 YEAR END BUDGET MODIFICATIONS RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1230.199 101.1010.469 $ 312.92 (Administrator- (BOT—Misc.) Temp & Summer Interns) 101.1230.110 101.1420.458 $ 127.53 (Administrator- (Village Attorney— Dept. Head Regular Pay) Supplemental Services) 101.1230.199 101.1420.458 $ 6,204.24 (Administrator- (Village Attorney— Temp & Summer Interns) Supplemental Services) 101.1230.436 101.1420.458 $ 2,050.33 (Administrator- (Village Attorney— Prof. Bus. Expenses) Supplemental Services) 101.1230.454 101.1420.458 $ 1,101.77 (Administrator- (Village Attorney— Travel/Conference) Supplemental Services) 101.1325.199 101.1420.458 $ 888.87 (Village Treasurer - (Village Attorney— Temp & Summer Interns) Supplemental Services) BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 13 OF 30 101.1325.436 101.1420.458 $ 790.36 (Village Treasurer - (Village Attorney— Prof. Bus. Expenses) Supplemental Services) 101.1325.442 101.1420.458 $ 773.08 (Village Treasurer - (Village Attorney— Banking Services) Supplemental Services) FROM TO AMOUNT 101.1325.454 101.1420.458 $ 1,607.9 (Village Treasurer - (Village Attorney— Travel/Conference) Supplemental Services) 101.1325.469 101.1420.458 $ 196.36 (Village Treasurer - (Village Attorney— Misc.) Supplemental Services) 101.1410.462 101.1420.458 $ 716.49 (Village Clerk- (Village Attorney— Legal Advertising) Supplemental Services) 101.1410.485 101.1420.458 $ 389.82 (Village Clerk—Vital (Village Attorney— Statistics Fees) Supplemental Services) 101.1620.160 101.1420.458 $ 2,558.69 (Village Offices - (Village Attorney— Caretaker PT) Supplemental Services) 101.1620.199 101.1420.458 $ 240.06 (Village Offices - (Village Attorney— Temp & Summer Interns) Supplemental Services) 101.1620.230 101.1420.458 $ 175.00 (Village Offices - (Village Attorney— Maint. Equipment) Supplemental Services) 101.1620.411 101.1420.458 $ 1,709.66 (Village Offices - (Village Attorney— Maint. Supplies) Supplemental Services) 101.1620.431 101.1420.458 $ 9,092.85 (Village Offices - (Village Attorney— Utilities) Supplemental Services) BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 14 OF 30 101.1680.110 101.1420.458 $ 2,001.63 (MIS—MIS Coord.) (Village Attorney— Supplemental Services) 101.1680.110 101.1650.497 $ 1,285.23 (MIS—MIS Coord.) (Central Communications) FROM TO AMOUNT 101.1680.408 101.1650.497 $ 2,437.43 (MIS—Diskettes/Software) (Central Communications) 101.1680.409 101.1650.497 $ 106.77 (MIS—PC Software) (Central Communications) 101.1680.411 101.1650.497 $ 6,361.03 (MIS—Office Supplies) (Central Communications) 101.1680.498 101.1650.497 $ 1,952.91 (MIS—Education/Training) (Central Communications) 101.1680.499 101.1650.497 $ 4,741.32 (MIS—Contractual) (Central Communications) 101.1910.422 101.1650.497 $ 6,911.34 (Unallocated Insurance) (Central Communications) 101.1910.422 101.1640.430 $ 140.15 (Unallocated Insurance) (Central Garage—Tires) 101.1910.422 101.1640.431 $ 106.22 (Unallocated Insurance) (Central Garage—Utilities) 101.1910.422 101.1640.445 $ 52.10 (Unallocated Insurance) (Central Garage—Repairs) 101.1910.422 101.1640.450 $ 4,003.21 (Unallocated Insurance) (Central Garage— Garage Expense) 101.1910.422 101.1920.437 $ 2,885.00 (Unallocated Insurance) (Munic. Assoc.) 101.1910.422 101.3120.150 $ 6,832.25 BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 15 OF 30 (Unallocated Insurance) (Police Dept. —Detectives) 101.1910.422 101.3120.189 $ 4,977.10 (Unallocated Insurance) (Police Dept.—Overtime) 101.1910.422 101.3120.190 $ 2,772.83 (Unallocated Insurance) (Police Dept. —Holiday) FROM TO AMOUNT 101.1910.422 101.3120.195 $ 57.17 (Unallocated Insurance) (Police Dept. —Police School/Training) 101.1910.422 101.3120.200 $ 774.05 (Unallocated Insurance) (Police Dept. —Equipment) 101.3410.160 101.3120.425 $ 4,581.83 (Fire Protection- (Police Dept.— Firefighter) Uniform Allowance) 101.3410.160 101.3120.499 $ 95.27 (Fire Protection—Firefighter) (Police Dept. —Contractual) 101.1990.424 101.4540.460 $ 7,090.00 (Contingency) (Ambulance Service— Volunteer Ambulance) 101.5142.199 101.5110.160 $ 126.85 (Snow Removal- (Highway Maint. — Overtime/Temp Help) Laborer) 101.5142.199 101.5110.189 $ 20,170.05 (Snow Removal - (Highway Maint. — Overtime/Temp Help) Overtime) 101.5142.417 101.5110.189 $ 787.95 (Snow Removal— (Highway Maint. — Sand/Salt) Overtime) 101.5142.417 101.5110.411 $ 3,321.79 (Snow Removal - (Highway Maint. — Sand/Salt) Highway Supplies) BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 16 OF 30 101.5142.417 101.5110.412 $ 1,878.48 (Snow Removal- (Highway Maint. — Sand/Salt) Street Maint. Supplies) 101.5142.417 101.5110.413 $ 2,831.50 (Snow Removal - (Highway Maint. — Sand/Salt) Road Signs) FROM TO AMOUNT 101.7140.473 101.7180.449 $ 345.80 (Recreation—Uniforms & (Teen Center— Supplies) Misc. Supplies) 101.3620.200 101.8020.469 $ 1,049.85 (Safety Inspection—Equipment) (Planning Board—Misc.) 101.9730.101 101.9710.300 $ 8,991.27 (Interest—BAN) (Serial Bond Principal) 101.1990.424 101.9950.900 $ 47,186.58 (Contingency) (Interfund Transfer) Mr. Bradbury noted that this resolution will close out the year end budget. This is done typically this time of year to close the books on the prior year. These funds have been expended, and these modifications are made so that there are no negative balances. Trustee Santon asked for highlights of the modifications. Mr. Bradbury noted that there was a change in Village Counsel, and there were litigation costs. Trustee Santon stated that there were other issues that concerned him such as the MIS line and the central communication line. He was concerned about the areas that went over budget. Mr. Bradbury reminded Trustee Santon that this is an accounting function, and the transfers were really internal transfers. 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 BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 17 OF 30 6) APPROVING 2002/2003 BUDGET MODIFICATIONS Mr. Bradbury read the following Resolution: RESOLUTION APPROVING 2002-2003 BUDGET MODIFICATIONS RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1910.422 101.7140.478 $6,946 (Unallocated Insurance) (Recreation— Special Events) 101.1990.424 101.5110.499 $15,000 (Contingency) (Highway Maint. - Contractual) 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) DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE RESOLUTION DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 18 OF 30 WHEREAS, the Village of Rye Brook has several pieces of municipal vehicles and equipment that are no longer of functional value or use to the Village and; WHEREAS, the equipment may have a nominal resale value; NOW, THEREFORE, BE IT HEREBY RESOLVED, that the equipment listed below is declared surplus to be sold to the highest qualified bidder through sealed bids solicited through classified advertisement in the official paper of the Village. MAKE MODEL YEAR VIN DESCRIPTION MAXIM FIRE TRUCK 1978 2091 1,000 gpm pump PONTIAC BONNEVILLE 1990 1G2HX54COL1267769 4-door sedan CHEVROLET CAPRICE 1991 1G1BL5370MR139111 4-door sedan CHEVROLET CAPRICE 1996 1G1BL52P8TR145934 4-door sedan CHEVROLET CAPRICE 1995 1G1BL52P6SR171835 4-door sedan CHEVROLET CAPRICE 1994 1G1BL52P8RR199047 4-door sedan CHEVROLET CAPRICE 1989 1 G 1 BL5173KR222452 4-door sedan GMC JIMMY 1989 1GKEV18K5KF506723 2-door 4x4 SUV AND IT IS FURTHER RESOLVED, that if no bids are received for a particular item, that this item may be disposed of through appropriate means, AND IT IS 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 Brackman, and seconded by Trustee Santon, the Resolution was adopted. Mayor Filipowski noted that these are vehicles that are no longer being used. Trustee Brackman noted that the former police vehicles tend to have high mileage. Mayor Filipowski suggested that these items be listed on the Village's website. TRUSTEE BRACKMAN VOTING AYE BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 19 OF 30 TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury noted that one resolution not on the agenda was added to the meeting. 8) SETTLEMENT OF ANGELO MARTELLO VS. VILLAGE OF RYE BROOK He read the following Resolution: RESOLUTION SETTLEMENT OF ANGELO MARTELLO VS. VILLAGE OF RYE BROOK WHEREAS, there currently is pending in the Supreme Court of the State of New York, Westchester County, an action commenced by Mr. Angelo Martello ("Mr. Martello") against the Village of Rye Brook (the "Village"), titled Angelo Martello v. Village of Rye Brook, Index Number 4385/02; and WHEREAS, the subject matter of this litigation involves a dispute between Mr. Martello and the Village concerning the amount of compensation due to Mr. Martello for the equipment and services provided to the Village to remedy a break in the sewer in the Washington Park Shopping Center; and WHEREAS, the Village and Mr. Martello desire to settle this litigation and in furtherance thereof, Mr. Martello has submitted a settlement proposal to the Village for its approval; and WHEREAS, the Village has considered the proposed settlement of the litigation; NOW, THEREFORE, BE IT RESOLVED, that the pending litigation between Mr. Martello and the Village of Rye Brook be settled in the following manner: RESOLVED, that the Village of Rye Brook shall pay Mr. Martello the sum of $34,000.00 which sum shall be in full and complete payment for all of the labor, equipment, and other services furnished to the Village by Mr. Martello; and IT IS FURTHER RESOLVED, that the pending litigation shall be dismissed by Mr. Martello, with prejudice, with each party paying his or its own costs and disbursements, including legal fees; and BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 20 OF 30 IT IS FURTHER RESOLVED, that Mr. Martello and the Village of Rye Brook shall release one another from all claims, liabilities and damages arising from, involving or relating to the emergency services provided to the Village by Mr. Martello; and IT IS FURTHER RESOLVED, that the Village approves execution of a formal settlement agreement incorporating the terms and conditions set forth in this Resolution; and IT IS FURTHER RESOLVED, that the Village, by its Village Attorney and/or Mayor, be authorized to sign a settlement agreement incorporating the terms set forth in this Resolution. Mr. Bradbury noted that this Resolution was a settlement between the Village and Mr. Martello. Mayor Filipowski stated that this litigation was a result of emergency repairs near Washington Park Plaza provided by Mr. Martello to the Village. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9) APPROVING MEETING MINUTES: May 14, 2002 August 13, 2002 August 27, 2002 February 19, 2002 (Grievance Day) May 28, 2002 July 9, 2002 Mayor Filipowski noted that there were minor corrections to be made on several of the summaries. The corrections were submitted and he asked for a motion to approve the Minutes as amended. Trustee Santon did not have an opportunity to completely review the summaries, but felt that his changes would be substantive based upon his recollection. He stated that he could have his changes submitted by the following week. As a result, this matter will be placed on the agenda for the next meeting. Mayor Filipowski requested a five-minute recess. BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 21 OF 30 The meeting was reconvened at 9:04, and Mayor Filipowski moved to the Discussion portion of the agenda. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1) CONSIDERATION OF A LANDSCAPE PLAN FOR THE PINE RIDGE BALL FIELD Mr. Bradbury noted that the staff required direction on this matter. There is a landscape plan, and a budget in place through a donation. The Board must decide whether or not this plan should be implemented, or whether there should be changes to that plan. Mr. Kvinge noted that there was a landscape plan, and additional material was added. He reviewed the additional materials. He noted that there are a number of additional trees that consist of Cherry, Dogwood, and other deciduous/flowering trees. In addition, the plan calls for planting on the outfield field fence of a deciduous shrub that will provide additional screening of the ball field itself for the adjoining properties. Mr. Kvinge noted that it was getting late in the planting season, which could save the Village some money if they shopped around to see what plants were available. Mr. Bradbury noted that the budget included $5000, which would pay for everything with the exception of the additional planting at the outfield fence. The plantings in that area would be an additional $4350. He also noted that these shrubs would require additional maintenance throughout the year. Trustee Brackman felt that nothing should be planted around the outfield fence. The proposed plantings need to be maintained, and will not enhance the ball field. Trustee Degling felt that it was unnecessary to spend the additional funds. There is a donation in place, along with a landscape plan, and he felt the Village should move forward with that plan. Trustee Santon asked for clarification of the budget. Mr. Bradbury responded with a brief breakdown of the pricing. He noted that it was not the Village's intent to spend more than what was donated. Trustee Santon felt that now was the time to address the plantings. He suggested spreading the proposed trees and plantings out. Mr. Kvinge noted that this could be done. Mr. Bradbury noted that the Village does additional planting in their parks every year. Mayor Filipowski suggested voting on the Resolution this evening so that the planting could begin. BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 22 OF 30 Trustee Santon felt that there were water drainage issues on this parkland that needed to be addressed. He wanted to be sure that there were no drainage issues before the trees were planted. Mayor Filipowski responded that there was standing water in the outfield. The Village's consultant, Dolph Rotfeld, was working with the Village's Engineer to remedy this problem. Trustee Santon questioned whether or not there would be a gap between private property and Village property or whether certain trees would be moved to fill in this gap. Trustee Degling noted that there are presently 4 to 5 pine trees located on the slope some 10 to15 feet from the property boundary line. It was suggested during a site walk that these trees be moved, however, it was found that moving these trees could kill them. The Board, and Village Staff, decided that as there will be 15 trees added in this area and this will create a grove of trees, thus the trees would not be moved. This would also help keep the project in budget as moving the trees would cost additional monies. As Mr. Bradbury pointed out,there will be opportunities at a later date to add other plantings. Trustee Santon, although delighted to have the new plantings and have the landscape plan move forward, he expressed his concern that the perimeter of the park should be reinforced with natural landscaping. This would alleviate the need for a buffer. Trustee Degling noted that the idea of moving the trees did come about during the walk- through. The landscape plan shows where the additional trees will be planted, depending upon the actual conditions in the field. The final plan is a summary of all of the discussions. It is a good plan and it should be accepted. Mayor Filipowski suggested that a Resolution authorizing Village staff to move forward be placed on the agenda for the next Board meeting, or for a special meeting that could be called at the Board's discretion. In this way the Village would not miss the planting season. The Board agreed. 2) DISCUSSION OF BOARD ACTION ON WESTCHESTER COUNTY'S PROPOSED DE-ICING FACILITY INCLUDING THE PASSING OF A RESOLUTION; RETENTION OF EXPERTS, CONSULTANTS, ATTORNEYS AND/OR LOBBIEST; COORDINATION WITH NEIGHBORING COMMUNITIES Trustee Goodman addressed this matter. She noted that time is of the essence. She discussed the following items: urging the County to seek alternative remedies and sites; bringing in environmental consultants to study and critique the scope of the project including health, safety and environmental impacts on the residents; and retaining legal counsel to identify legal arguments, and explore whether or not the legal rights of the Village were violated in any way; and the Village should consider retaining lobbyists. This project effects the safety and health of the entire Rye Brook community as a whole. BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 23 OF 30 Mayor Filipowski stated that it was important to identify whether or not this was airport expansion. In October of 1997 Andrew Spano stated that he would take the airport and the concerns of its neighbors very strongly. He was opposed to expansion of the airport in a letter to "Dear Airport Neighbors." Mayor Filipowski felt that Mr. Spano should be held to what he said during his election. He felt that it was time to reach out to the County Legislators. Trustee Santon stated that during the presentation made by the County at a previous meeting he would have liked to have had input. He felt that the Board needed to make a case to the County, and the Board of Legislators as Lead Agency. He reviewed issues that he felt needed to be addressed. He began by questioning by what authority can the County require that a new centralized de-icing facility be made mandatory for all aircraft at the Westchester County Airport. And, by what authority can the County require all other de-icing facilities to cease to operate. He noted that gates five and six have been substantially built and can be made operational very easily if the limitation of using only four gates was lifted. He asked for a description of the Blind Brook water quality testing that has been performed to demonstrate the need for the proposed facility. The County has given their solution, but they did not describe the problem and the research that went into finding a solution. Also to be addressed is the voluntary curfew at the airport. Trustee Santon pointed out that only Pittsburgh and Denver have similar types of de-icing facilities. Does that mean that the County is putting Westchester County Airport in the same category as Denver International and Pittsburgh's Airports? Trustee Santon stated that Rye Brook is the host community for this 20-acre project. This project involves the removal of 10 acres of mature forest and wetlands and the creation of 15 acres of new impervious surfaces. Rye Brook was not invited to participate in the scoping process. He questioned why the County invite Rye Brook in the scoping process. Trustee Santon noted that Rye Brook owns 29 acres of parkland across from the proposed facility. He felt that the impact of"misting" should be reviewed for this property, as well as well as for United Cerebral Palsy and all other residents in the area. Trustee Santon felt that the County should be spending its money to bolster the water quality from the waste treatment plant versus attempting to create this facility which will direct more fluids into the system. Mayor Filipowski asked that Trustee Santon prepare a draft of a memorandum for the Board's consideration. Mr. Brad Hamburger, a resident of Bellefair and a member of the De-Icing Task Force, addressed the Board. He thanked the Trustees and the Mayor for addressing this issue. The County has a head start on the Village as they have been working on this project for three years. The Task Force has reviewed documents received through the Freedom of Information Act. He noted that no study was done on the effects of the leaking of BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 24 OF 30 chemicals into the Blind Brook and the Sound. The County skipped the scoping process and participation of the community. This facility is an awful solution to a problem that has not been fully reviewed and studied. Mr. Peter Schlactus addressed the Board. He noted that by the time the DEIS comes out the Village must be educated. Environmental consultants need to be able to render immediate assistance. They must evaluate the potential health risks to the community as a whole. Compelling arguments against the project must be identified. In addition, the legal rights of the Village must be reviewed. He urged the Village to not let their guard down. The residents of Bellefair will not disengage themselves. They are ready and willing to strike a true partnership with the elected officials. Mayor Filipowski felt that the environmental groups needed to be given information so that they can assist the Village. He also suggested reaching out to the editors of the local newspapers for their assistance in getting the messages out there. In addition, County Legislators need to be contacted in an attempt to win them over. Trustee Brackman agreed. She suggested a strong letter to Andy Spano, and all of the County Legislators. The Village needs to act in a strong, unified manner. Mayor Filipowski stated that the Board could put a resolution on the agenda for their next Board meeting covering objections to this project. He also stated that the Village's consultants should be reviewing this project. Mr. Bradbury stated that the consultants should also review whether or not this is the appropriate sized facility for this airport. Mayor Filipowski pointed out that nine months ago the airport news brochure had an article with a picture of an aircraft and a single bay that described the de-icing facility. Now we find that there is one bay for infrared, and four other bays for the de-icing. He also noted that Mr. Larry Engle, the prior Chairman of the Airport Advisory Committee, noted that many times the de-icing facility was on the agenda but it was not discussed. There are a lot of questions that need to be answered. Trustee Goodman felt that it would be a good idea to leave this meeting with a plan to move forward. Mayor Filipowski suggested that Trustee Goodman contact County Legislator Martin Rogowsky to obtain a list of all of the Committees and their scheduled meetings. This is the best effort in terms of reaching out and know when the sub- committees were meeting. The Village needs to do some interviewing before a decision can be made to hire an environmentalist. Mr. Bradbury will be evaluating this aspect. Trustee Degling felt that it would be more valuable to have a consultant that was well versed in airport design and construction. There is enough evidence in the record that this de-icing facility is about twice the size that it needs to be. This point must be established. On the environmental side, everyone is aware of the effects. Jim Striar of Bellefair, and a member of the Bellefair De-Icing Task Force, addressed the Board. He noted that two weeks have Fassed since the Town of Rye issued two resolutions. The resolution dated June 18' urged the County to cease and desist. The BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 25 OF 30 Town of Rye urged the County to seek alternative solutions, pointing out that this project will be detrimental to the quality of life to all of the neighbors of the airport. He felt that the Village of Rye Brook was not moving fast enough. A resolution needs to be passed by the Village of Rye Brook. Mayor Filipowski noted that a resolution could be put on for a Special Meeting of the Board of Trustees. Mr. Beane stated that a resolution will be written and placed on the agenda for the next Board of Trustee Meeting. Trustee Santon stated that he had spoken with County Legislator Martin Rogowsky. He felt that a meeting with the Lead Agency would be beneficial. He noted that this de-icing facility has airport expansion written all over it. Mayor Filipowski called for the next item for discussion: 3) KING STREET TRAFFIC AT HUTCHINSON RIVER PARKWAY INTERCHANGE Trustee Degling offered a summary on this matter. He noted that there was a meeting at the Village Hall on September 26, 2002 of the transportation sub-committee of the Greenwich/Westchester Task Force. Representatives from the New York Department of Transportation, the Connecticut Department of Transportation, and a representative from the office of Assemblymen Tocci were present. During the meeting it was noted that approval had been given by the State of New York to prohibit a left turn from the Merritt Parkway South onto King Street, heading towards Port Chester. However, this cannot be effective until the signage in Connecticut is changed. The Connecticut representatives indicated that they needed a letter from New York before the signage could be changed. New York was asked to send the letter, and it has been sent. The State of Connecticut will now correct the signs. The next thing that was generally agreed upon was that the speed limit should be uniform from the Airport to the Port Chester line at 35 mph instead of varying. To date no approval has been received from either the State of New York or Connecticut. Another topic discussed was that the lines should be repainted on King Street to prohibit passing. This would continue the no passing law that currently exists on the Connecticut portion of King Street. Trustee Degling noted that the original plan for rebuilding the bridge was approximately a million dollar project back in 1994 and 1995. The price has escalated and it is now would cost several million dollars. When the design was rejected by Connecticut, the funds were lost. Possible alternatives such as roundabouts have been discussed with Connecticut. Although Connecticut did not disagree that something needs to be done, they did not offer any assistance with the funding. The next meeting has been scheduled for November 1St BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 26 OF 30 Mayor Filipowski requested preparation of a Resolution to notify the State that safety is a major concern. New York State needs to be put on notice that this is a hazardous situation, and this problem must be addressed. There is a necessity to recreate the design phase and move this project forward. It must be placed before the New York State Department of Transportation in order to get back to where we were several years ago. Trustee Santon reminded the Board of a joint meeting held in August with the Blind Brook Board of Education where the Village Board promised to make some changes to correct this major safety problem. He noted that the Mayor and the Board discussed a field trip to Albany to address this problem. He felt that this idea should be re-considered at this time. Mr. Monroe Haas, a resident of Rye Brook and a member of the Board of Education, addressed the Board. He noted that the Ridge/King Street intersection is the worst traffic problem within the Village. It has been studied for years, but has remained unchanged. On July 16, 2002 there was a meeting held in Greenwich and chaired by Andrew Spano. At that meeting it was revealed that there was now zero dollars allocated for this project. Greenwich has been successful in squelching this project. The King/Ridge Street intersection is a disaster waiting to happen. Mr. Haas urged leadership to highlight this problem and provide immediate solutions. There may not be a final solution, but a plan needs to be put into place now. Chief Santoro reviewed this matter and provided nine possible solutions that have not been addressed. If a disaster should occur, then everything that is now impossible will become possible. Government exists for the protection of its citizens, and the clock is ticking. Trustee Brackman remarked that this is a very frustrating situation. There are major important letters that need to be written and lobbying that needs to be done. More staff or more consultants need to be brought in. Mayor Filipowski directed Mr. Bradbury to begin mobilizing. Trustee Santon asked that a courtesy be extended to the residents waiting to discuss the Red Roof Farm Subdivision. As it was the consensus of the Board, Mayor Filipowski called for item 96 on the agenda. 6) VARIOUS ISSUES RELATING TO THE RED ROOF FARM SUBDIVISION Mr. Beane was asked to address this matter. He noted that an Executive Session was held by the Board of Trustees. The reason for the Executive Session was because of the two pending litigations regarding this subdivision, and these matters are not discussed in public. One litigation involves a drainage problem on lots 26, 27, 28, and several other lots. The second matter involves the reduction in the bond which still remains at $1,750,000. The Village needs to try and resolve what has to be done in order to BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 27 OF 30 complete the project involving Lots 26, 27, etc. The Village also has to work to resolve a number of drainage issues, including some that are way outside of the scope of the subdivision and involve issues that may involve single residents and the developer. However, the Village is committed to do whatever it can and to go beyond what it can do to try and help resolve all of the issues. Mr. Beane noted that he has personally spoken with several Red Roof Farm residents and he is aware of many of the problems. He suggested that the individuals call for a meeting with the representatives of the subdivision, and Village Staff. The Village is working to assist the residents and resolve the problems. At this time there is a plan that the Village believes will deal with drainage issues that will impact public roadways and other public structures. The Village needs some help from the residents of Red Roof Farm. All the problems are connected, and the answers to the problems will be discussed, and resolved, in a meeting where the Village can explore this matter with the residents and the developer. Ray Rauso of 9 Berkley Lane addressed the Board. He thanked Mr. Beane for his assistance. He asked the Board of Trustees come out and view his property. He noted that when the residents do not hear back from the Village, they feel that no one is working to help them. He felt that taking a site walk to see how the drainage problems of Red Roof affect the surrounding residents would be enlightening for the Board. Mr. Beane noted that the Village Engineer, Mr. Carosi, and the Village's consultants must come up with a plan. The residents must sit down with Village Counsel, Staff, and Board. Mr. Rauso noted that there is now a stream running through his home. The drainage problems at Red Roof Farm have rendered his yard useless. Trustee Brackman asked that the residents not make assumptions that Trustees are not aware of the issues. They receive and review all of the letters from the residents. They take the phone calls concerning problems within the Village. When a problem is brought to the attention of the Village Administrator, it is brought to the attention of the Board. Trustee Santon asked for a punch list. Mayor Filipowski noted that this matter is in the hands of counsel. Mr. Joe Fernandez of 11 Berkley Lane addressed the Board. He noted that he has spent an obscene amount of money to rid himself of the drainage problems. He felt that he would be continuing to spend monies, and it is very frustrating for him, and for his neighbors. At this time the residents would like to see something done. Mayor Filipowski called for item 97 on the agenda: 7) VARIOUS ISSUES RELATING TO THE HILTON GARDEN INN APPLICATION BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 28 OF 30 The question before the Board at this time is whether or not the FEIS is complete. There are a number of outstanding items. There are voluminous documents that have been presented to the Village for review. This matter has been referred to the Planning Board. Trustee Santon noted that the FEIS document, which is the Lead Agency's document, contains inconsistencies. The Planning Board must consider all of the new developments in the area. He also pointed out that there is a new contract between Border Properties, Inc., a subsidiary of Pepsico, and the buyer which is KF Rye Brook LLC. The buyer is now buying all of the property versus only ten (10) acres. Trustee Santon noted that Sam Klein and David Feinberg are the principals of KF Rye Brook LLC. Recently it has been learned that Mr. Klein has sold his interest in KF Rye Brook. He also pointed out that the operator of the hotel will be Mr. Kleins Fairchild Properties. They will be given a 20-year franchise agreement with Hilton. He felt that the FEIS should be updated with this information. Trustee Santon noted that there is a portion of this property that is zoned R20. The balance of the property is zoned for a hotel. The Moratorium was adopted recently and the R20 zoned property should fall under that Moratorium. Therefore, the application should not be considered at this time. Trustee Santon pointed out that donations were made in March 2000 to the re-election campaign for Mayor Filipowski and Trustee Degling by entities owned by Sam Klein while Mr. Klein had a pending application before the Board. These entities include the applicant itself (KF Rye Brook LLC) and the proposed Hilton franchisee/hotel operator (Fairchild Properties). The donations consisted of seven checks for $99 each. He felt that Mayor Filipowski and Trustee Degling should research whether or not they should recuse themselves from deliberations regarding the Garden Inn application. Mayor Filipowski clarified that all donations were a matter of record, available for any interested party to review. Although Trustee Santon was attempting to make it seem as if something inappropriate had occurred, every donation to the campaign was documented. Trustee Brackman felt that this discussion was out of order, and not on the topic open for discussion before the Board. She made a motion, which was seconded by Trustee Goodman, to adjourn the meeting at 11:00 p.m. Mr. Beane was asked to research the matter of Mr. Klein's current involvement with KF Rye Brook. Mr. Beane noted that task before the Planning Board at this time is the issue of completeness of the FEIS. Regardless of who the owner is, the FEIS is either complete or incomplete. Mr. Beane stated that his firm would review the matter of the R20 portion of the property and the Moratorium that is currently in effect. He will prepare a response for the next meeting. Mayor Filipowski asked if any members of the public wished to comment on this subject. Mr. Silverberg, the representative for Doral Greens, addressed the Board. He asked that the Board consider that the economic analysis for the Garden Inn was prepared and submitted by the applicant. He asked the Board to retain their own independent economist to review the BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 29 OF 30 information presented. He felt that the FEIS cannot be considered complete until an independent economic analysis has been completed. Mr. Eamonn Loughman of 27 Garibaldi Place asked to addressed the Board on a different matter. He noted that he had a petition that he wished to give the Board of Trustees which requested parking relief for the residents surrounding Garibaldi Park. The residents requested that the Board open up ten parking spaces for the residents in the Garibaldi Park parking lot. On November 15th the situation will worsen because of the winter parking regulations that will go into effect. There is a burden on the residents in the area as there is insufficient parking in the area and adding the winter parking restrictions simply increases the burden. Mr. Ken Heller of 22 Lincoln Avenue addressed the Board. He addressed the topic of residents who have septic tanks but still must pay sewer taxes. These individuals are being taxed twice by having to pay for the septic tanks, and upgrades, and pay the sewer taxes. He noted that over the years he has requested that this matter be reviewed. He presented pertinent information to the Board for their review. Mayor Filipowski noted that the next Board of Trustee Meetings were scheduled for October 22, 2002 and November 12, 2002. At the discretion of the Board, the meeting was adjourned at 11:10 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk BOARD OF TRUSTEES OCTOBER 8,2002 PAGE 30 OF 30