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HomeMy WebLinkAbout2003-01-14 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 14, 2003 — 7:30 P.M. AGENDA REPORTS 1. PRESENTATION ON FINAL FIRE HOUSE DESIGN FROM FIRE HOUSE CONSTRUCTION CHAIRMAN RESOLUTIONS 1. REFERRING SAMMARTINO/PIRRO SUBDIVISION APPLICATION AT 225 BETSY BROWN ROAD TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK 2. SETTING DATE FOR A PUBLIC HEARING TO CONSIDER CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM 3. DESIGNATING POLLING LOCATIONS AND HOURS FOR THE 2003 VILLAGE ELECTION ON MARCH 18, 2003 4. ENCOURAGING ADOPTION BY NEW YORK STATE OF THE COLLATERAL SOURCE BILL TO PERMIT COLLATERAL SOURCES TO OFFSET DAMAGE AWARDS FOR FUTURE COSTS OR EXPENSES IN ACTIONS AGAINST PUBLIC EMPLOYERS 5. CONSIDERING THE ADOPTION OF: Miscellaneous Zoning Code Amendments Notification Zoning Code Amendments 6. APPROVAL OF MEETING MINUTES: October 8, 2002 October 22, 2002 November 12, 2002 November 26, 2002 Board of Trustees January 14,2003 Page 1 of 17 REPORT: 1. STATUS UPDATE FROM PLANNING CONSULTANT ON ALL ZONING CODE AMENDMENTS RELATED TO THE MORATORIUM DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD No Items Received DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Next Trustee Meetings: January 28, 2003 and February 11, 2003 CONVENE Mayor Filipowski called the meeting to order at 7:30 p.m. The Pledge of Allegiance followed. BOARD Trustee Donald Degling Trustee Carol Goodman Trustee Robert Harris Trustee Dean Santon Mayor Francis Filipowski STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Nicholas Ward-Willis, Esq., Village Counsel David Stolman, Village Planning Consultant Marilyn Timpone-Mohamed, Village Planning Consultant Victor Carosi, Village Engineer Robert Santoro, Police Chief Mayor Filipowski welcomed everyone to the first meeting for the Village of Rye Brook's Board of Trustees for 2003. He began the meeting by noting that the first presentation would be made by the Fire House Committee, Chaired by Former Trustee Lawrence Rand. Mr. Rand began his presentation by noting that the last update given to the Village Board was during the Summer of 2002. The budget for this project was approximately 3.1 million dollars and the goal was to get it completed on time. The Fire House Committee Board of Trustees January 14,2003 Page 2 of 17 is hopeful that the project will be completed by the end of 2003. A preliminary plan and budget were approved and plans to demolish the building next to the Village Hall were put into place. At this time the construction budget estimate has been submitted to the Village Board. The budget includes improvements that were made during the construction design. These improvements were made with the input of the Village's professionals, the Fire Departments of both Port Chester and Rye Brook, and the EMS. He thanked the Mayor and the Board for their foresight in structuring this Fire House Construction Committee by appointing members from various committees to this committee. This enabled everyone to be up-to-date on the project as it went through the process. Mr. Rand hoped that the Village would move ahead with this project as quickly as possible. He noted that the funding for the project has been previously approved by the Board. At this time the project is ready to go out to bid. If everything goes as planned, the Village may be looking at a ground breaking for either March or April. Mayor Filipowski thanked the Committee for its hard work. He turned to the Board for questions and comments. Trustee Degling questioned fees for an elevator stop to the basement. Mr. Bradbury noted that when reviewing the plan in an attempt to locate cost savings, the elevator stop was listed as a bid alternate. However, the items on this bid alternate list have been deemed necessary and will not be deducted. It is the Village's preference to keep these items in the bid and move forward. Trustee Degling referred to the meeting and training room and the restrooms. He felt that the restroom design should be changed to include facilities for more than one individual at a time. The representative for Sullivan Architecture noted that the original intent of the meeting room was primarily to support the Fire Department. A single fixture restroom is adequate for that purpose. The only way to modify these restrooms would be to make substantial changes that would increase the building size. He noted that there are additional restrooms on the second floor that can be used if needed. A suggestion was made to increase the size of the men's room only, which could be accomplished by deleting a storage closet. However, Mr. Bradbury noted that the Village was following the rules of the ADA and the New York State Building Code, which calls for similar if not identical facilities for both genders. Trustee Santon asked if there would be one contractor or several. The response was that currently seven or eight contractors are being considered in accordance with the Wicks Law. Trustee Santon wanted to make sure that all consulting/engineering fees were included in the budget. Mr. Bradbury noted that there were consultants that were currently working on the site design and traffic light. He also noted that the traffic light that will be installed is funded separately from this budget. Trustee Santon recommended that the Village obtain a proposal from the consulting engineer (Dolph Rotfeld Associates) with a specific fee amount, rather than simply working on a T & M basis off the 1995 general contract, so that the Village knows the cost. Trustee Santon questioned how the amount of money for furnishing and equipment was derived. The response was that the consultants reviewed similar projects from other municipalities, and discussed this matter with Village Staff. This new facility will need new furniture and computers. Board of Trustees January 14,2003 Page 3 of 17 This amount is an estimate. Depending upon the furniture or equipment, consultants or Village Staff will be responsible for choosing what will be purchased. Mr. Rand thanked everyone for their time, and the Committee for their very hard work. Mayor Filipowski noted that County Legislator Martin Rogowsky had requested a few moments of the Board's time. Legislator Rogowsky gave the Board an update on the Deicing Facility at Westchester County Airport. He noted that the environmental problem that has been identified has not yet been addressed. The County is now going back to the existing facility in an attempt to see how it can be upgraded using new technology. New devices that can take the material directly into the catch basins are being reviewed. If this feasibility study is successful, the County will move forward on that project. He stated that the large tanks are off the table, which is good news for the community. Legislator Rogowsky also noted that the County Budget might affect Rye Brook over the next several months. The budget has been passed, and sales tax revenues have been included even though the sales tax was not passed by the State Legislature. With the sales tax revenues in the budget, the County property tax for Rye Brook will still be approximately 2-'/2%. If the sales tax is approved in the next few weeks it would mean approximately $170,000 for this year and approximately another $115,000 for the school district. These numbers depend upon business over the year, but these are the project numbers. 75% of the sales tax will go to the County, and 25% will be split 50/50. If the sales tax is not received, then the Village will be looking at an approximate 17-'/2% property tax increase. Legislator Rogowsky thanked the Board for their time. Mayor Filipowski called for the first item on the agenda under Resolutions: 1. REFERRING SAMMARTINO/PIRRO SUBDIVISION APPLICATION AT 225 BETSY BROWN ROAD TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the Resolution. On a motion made by Trustee Degling and seconded by Trustee Goodman the following Resolution was adopted: RESOLUTION REFERRING SAMMARTINO/PIRRO SUBDIVISION APPROVAL 225 BETSY BROWN ROAD TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Board of Trustees January 14,2003 Page 4 of 17 WHEREAS, the Village has received an application from Arthur V. Sammartino and Denise Pirro (the "Applicant") for merger of two existing, adjacent, commonly-owned parcels of land into one parcel; and WHEREAS, the subject parcels, together, are ±0.38 acres in size, located on the north side of Betsy Brown Road approximately 60 feet east of the intersection of Knollwood Drive, within the R-10 Residential Zoning District, in the Village of Rye Brook, and are shown as Tax Lot Section 1, Block 6, Lots 25A.6 and 25A.7 on the tax assessors maps; and WHEREAS, the Village of Rye Brook has adopted a moratorium on certain land use approvals (Local Law 5-2002) that does not apply to the subject lots located on Betsy Brown Road in accordance with Section 3 of the Law; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines that the Project is an Unlisted Action and declares its intent to act as Lead Agency for the Project, in accordance with the State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the subject application is referred to the Village Planning Board for a report and recommendation at its February 13, 2003 meeting or any other date as scheduled by the Planning Board; and BE IT FURTHER RESOLVED, that the Applicant shall deposit two thousand dollars ($2,000) into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the cost of review of this application; and BE IT FURTHER RESOLVED, that the Applicant shall notify all neighboring property owners in the Village of Rye Brook within 250 feet of the property line of the subject site of the Planning Board Meeting. Notifications shall be sent no sooner than 15 days and no later than 10 days before said meeting. Notifications shall be sent by certified mail, return receipt requested, and shall include a brief description of the application and the meeting date and time. Proof of mailing shall be submitted to the Village by the end of the business day the Thursday before the meeting and shall include a map of the site and surrounding area with an identifying code (typically owner name, street address, or tax ID), a list of the property owners, and the certified mail receipts. The applicant should also submit, at the meeting, any return receipts received as of the date of the meeting. Mayor Filipowski called upon the applicant. Lawrence Engle, Esq., attorney for the applicant, addressed the Board. He noted that there were no plans for construction at this point. He stated that his client was prepared to deposit the funds for the consultant fees, however, as this was a merger of two lots which Board of Trustees January 14,2003 Page 5 of 17 were commonly owned he asked if the applicant could receive a refund of any monies not used. Mr. Bradbury stated that this could be accomplished. Mr. Engle noted that a portion of the property is within 500' of the Village line. He asked if the Village of Port Chester needed to be notified of this application. Mr. Nicholas Ward-Willis stated that the current law does not have a provision regarding notification. The decision is left to the Board of Trustees, at its discretion. He noted that on the agenda for this meeting was consideration of adopting amendments to the Notification Zoning Code, however this law would not affect this application if it was approved prior to that. It was the consensus of the Board that notification within 250' of the subject property was sufficient. Trustee Santon asked for clarification about the requirement to notify the Village of Port Chester. Mr. Ward-Willis responded that Port Chester should be notified when a Public Hearing is scheduled. Trustee Santon felt that this was an application for a lot merger and not a subdivision. Mr. Engle noted that there are two parcels that are commonly owned, and this is a merger. Mr. Stolman noted that this application was for a re- subdivision. A re-subdivision is subject to the same procedures, rules and regulations applicable to a subdivision. The purpose of this application is not to create a new building lot. The first lot covers land on both sides of the Brook and the second lot has a corner cut off by the Brook. They are both rectangular lots. Mr. Engle stated that before the applicants invested any money with an architect they wanted to be sure that there were no problems with merging the lots. When they are prepared to do the construction, a review will be done. Mr. Ward-Willis stated that if the applicant is successful in obtaining the re-subdivision they then need only go to the Building Department for a Building Permit. There would be a review, but no need for approvals as the addition would be conforming. There being no further comments, Ms. DiSalvo called the role: TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the next item on the agenda: 2. SETTING DATE FOR A PUBLIC HEARING TO CONSIDER CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM Board of Trustees January 14,2003 Page 6 of 17 Mr. Bradbury read the Resolution. On a motion made by Trustee Degling and seconded by Trustee Goodman the following Resolution was adopted: RESOLUTION SETTING DATE FOR A PUBLIC HEARING TO CONSIDER CON EDISON'S APPLICATION FOR A VARIANCE FROM THE MORATORIUM RESOLVED, that the Board of Trustees shall hold a public hearing on January 28, 2003 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 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. Mr. Arthur Ng, representative for Con Edison, addressed the Board. He stated that the applicant was willing to work with the Village on the installation of this gas regulator station. He stated that Con Edison was proposing the installation of this station in response to complaints from the neighbors. The problems in this area originally surfaced in January of 2000. Con Edison researched the problems and found that the solution would be this regulator station. The only structure above ground is the gauge pump. The electrical connection is shown on the plans, and there is conduit from the pole, which will run underground. This regulator acts like a transformer, cutting down the gas flow to a manageable level. Trustee Santon asked how this application satisfies the standards for a variance from the Moratorium. Mayor Filipowski noted that this matter was explained the first time it was before the Board. The regulator station will offer relief to the residents of the area. Mr. Ward-Willis felt that it was appropriate for this matter to be reviewed and explained at the Public Hearing. He pointed out that the purpose of this Resolution was simply to set a Public Hearing. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. DESIGNATING POLLING LOCATIONS AND HOURS FOR THE 2003 VILLAGE ELECTION ON MARCH 18, 2003 Board of Trustees January 14,2003 Page 7 of 17 Mr. Bradbury read the Resolution. On a motion made by Trustee Santon and seconded by Trustee Degling the following Resolution was adopted: RESOLUTION DESIGNATING POLLING LOCATIONS AND HOURS FOR THE 2003 VILLAGE ELECTION ON MARCH 18, 2003 RESOLVED, that voting machines owned by the Town of Rye shall be used at the next Village Election to be held Tuesday, March 18, 2003; and be it further RESOLVED, that if said voting machines are not available, the use of paper ballots is hereby authorized; and be it further RESOLVED, that the polls in each of the nine Election Districts in the Village of Rye Brook shall be opened at 7:00 AM in the morning and remain open until 9:00 PM in the evening of said day; and be it further RESOLVED, that the polling places be hereby designated for the respective Election Districts as follows: Election District#20-Port Chester Middle School-Bowman Avenue(Main Lobby) Election District#21-Port Chester Middle School-Bowman Avenue(Main Lobby) Election District 922-Blind Brook High School-King Street(Main Lobby) Election District 923-Ridge Street School-North Ridge Street(Gymnasium) Election District 926-Port Chester Senior High School-Neuton Avenue(Main Lobby) Election District#27-Ridge Street School-North Ridge Street(Gymnasium) Election District#29-Ridge Street School-North Ridge Street(Gymnasium) Election District#30-Blind Brook High School-King Street(Main Lobby) Election District#31-Ridge Street School-North Ridge Street(Gymnasium) Trustee Goodman noted that a request has been made to move the machine in District 931 from the Ridge Street School to the Meeting House in Bellefair. Mr. Bradbury stated that this move will be made in time for the next election and notification of the move will be sent out to the residents. Ms. Di Salvo called the role: TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees January 14,2003 Page 8 of 17 4. ENCOURAGING ADOPTION BY NEW YORK STATE OF THE COLLATERAL SOURCE BILL TO PERMIT COLLATERAL SOURCES TO OFFSET DAMAGE AWARDS FOR FUTURE COSTS OR EXPENSES IN ACTIONS AGAINST PUBLIC EMPLOYERS Mr. Bradbury read the Resolution. On a motion made by Trustee Degling and seconded by Trustee Goodman the following resolution was adopted: RESOLUTION ENCOURAGING ADOPTION BY NEW YORK STATE OF THE COLLATERAL SOURCE BILL TO PERMIT COLLATERAL SOURCES TO OFFSET DAMAGE AWARDS FOR FUTURE COSTS OR EXPENSES IN ACTIONS AGAINST PUBLIC EMPLOYERS WHEREAS,the present Section 4545 of the Civil Practice Law and Rules ("CPLR") of the State of New York permit awards for future lost earnings to be reduced by the amount of collateral sources, such as disability pensions, insurance, etc., thus preventing a plaintiff from receiving a double recovery for the same loss; and WHEREAS, in a recent Court of Appeals decision, Iazzetti v. The City of New York, 94 N.Y.2d 183 (1999)the Court of Appeals held that CPLR § 4545 (c) applies to all employers except public employers; and WHEREAS, legislation was introduced in the 2002 legislative year in the New York State Senate as Senate Bill 2979-A and will be reintroduced in the Senate in the upcoming 2003 legislative session; and WHEREAS, the purpose of Senate legislation 2979-A is to eliminate an anomaly in the treatment of collateral sources and tort actions among public and private employers and prevent double recoveries by plaintiff against a public employer. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby supports S. 2979-A to amend CPLR § 4545 regarding treatment of collateral sources in personal injury lawsuits, and as reintroduced in the 2003 legislative session, as the enactment of this legislation would provide public employers the same treatment as presently provided to private employers and would significantly reduce costs to municipalities and, consequently, tax payers in New York State; and Board of Trustees January 14,2003 Page 9 of 17 BE IT FURTHER RESOLVED, that the Mayor is authorized to send a copy of this resolution to the Governor of the State of New York, the Senate Majority Leader, the Speaker of the New York State Assembly and the Village of Rye Brook's State Senator and Assembly Members and encourages them to support, endorse and work for the enactment of this important legislation. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. CONSIDERING THE ADOPTION OF: Miscellaneous Zoning Code Amendments Notification Zoning Code Amendments Mr. Bradbury read the first Resolution. On a motion made by Trustee Santon and seconded by Trustee Degling the following resolution was adopted: RESOLUTION ADOPTING MISCELLANEOUS ZONING CODE AMENDMENTS WHEREAS, the Rye Brook Village Board of Trustees is currently entertaining the adoption of a local law to amend miscellaneous sections of the Village Code; and WHEREAS, the genesis of this local law was the need to correct duplications, contradictions and other items; and WHEREAS, the Village Board requested that Frederick P. Clark Associates, Inc., the Village's planning consultants, analyze the Village's existing development regulations for this purpose; and WHEREAS, Clark Associates made recommendations regarding Code amendments which correct duplications, contradictions and other items; and WHEREAS, said recommendations are contained in the subject local law; and WHEREAS, the subject local law addresses time limit for planning board action, establishment of zoning districts, general supplementary regulations pertaining to lots and special permits; and Board of Trustees January 14,2003 Page 10 of 17 WHEREAS, the subject local law was referred to the Westchester County Department of Planning in accordance with Sections 239-1 and m of the New York State General Municipal Law; and WHEREAS, the Westchester County Department of Planning (WCDP) responded to this referral by correspondence dated December 6, 2002 in which the WCDP commented on the proposed local law; and WHEREAS, on November 26, 2002 the Village Board held a public hearing on the subject local law, at which time all persons interested were given an opportunity to be heard; and WHEREAS, the Village Board is familiar with the proposed local law and has discussed it on a number of occasions; and WHEREAS, the Village Board has referred the subject local law to the Village Planning Board for its review and opinion; and WHEREAS, by correspondence dated October 17, 2002, the Planning Board recommended adoption of the proposed amendments. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby adopts the Negative Declaration prepared by Frederick P. Clark Associates, Inc., for the reasons stated therein, thereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts Local Law 91-2003. Mr. Ward-Willis made a minor correction. The Resolution was adopted as amended. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury read the second Resolution. On a motion made by Trustee Santon and seconded by Trustee Degling the following resolution was adopted: RESOLUTION ADOPTING NOTIFICATION ZONING CODE AMENDMENTS Board of Trustees January 14,2003 Page 11 of 17 WHEREAS, the Rye Brook Village Board of Trustees is currently entertaining the adoption of a local law which would amend the Village Code pertaining to notification requirements in connection with the review and approval of site plans, subdivisions, wetland permits and special use permits; and WHEREAS, the genesis of this local law was the need to improve and expand upon the existing notification requirements in the Village Code; and WHEREAS, the Village Board requested that Frederick P. Clark Associates, Inc., the Village's planning consultants, analyze the Village's existing development regulations for this purpose; and WHEREAS, Clark Associates made recommendations regarding Code amendments which improve and expand upon the existing notification requirements; and WHEREAS, said recommendations are contained in the subject local law; and WHEREAS, the subject local law addresses notification requirements in the areas of public notice signs, mail notification, newspaper publication, notice to adjoining municipalities and the County, public hearings and modification of notification requirements; and WHEREAS, the subject local law was referred to the Westchester County Department of Planning in accordance with Sections 239-1 and m of the New York State General Municipal Law; and WHEREAS, the Westchester County Department of Planning (WCDP) responded to this referral by correspondence dated December 4, 2002 in which the WCDP commented on County notification and modification requirements; and WHEREAS, on November 26, 2002 the Village Board held a public hearing on the subject local law, at which time all persons interested were given an opportunity to be heard; and WHEREAS, the Village Board is familiar with the proposed local law and has discussed it on a number of occasions; and WHEREAS, the Village Board has referred the subject local law to the Village Planning Board for its review and opinion; and WHEREAS, by correspondence dated October 17, 2002, the Planning Board recommended adoption of the proposed amendments Board of Trustees January 14,2003 Page 12 of 17 NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees hereby adopts Local Law 2-2003. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. APPROVAL OF MEETING MINUTES: October 8, 2002 October 22, 2002 November 12, 2002 November 26, 2002 Mayor Filipowski asked for a motion to approve the minutes. Trustee Santon stated that he had not had a chance to finish reading through the minutes, and asked that the November minutes be adjourned to the next meeting. The Board agreed. On a motion made by Trustee Degling, and seconded by Trustee Santon, the minutes for October 8, 2002 and October 22, 2002 were accepted. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS NO VOTE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE REPORT: 1. STATUS UPDATE FROM PLANNING CONSULTANT ON ALL ZONING CODE AMENDMENTS RELATED TO THE MORATORIUM Marilyn Timpone-Mohamed, an associate at Frederick P. Clark, addressed the Board. She noted that this project started months ago by her predecessor, Mr. David Kvinge. She reviewed the items, and provided a status report on the progress of preparation of the amendments to the Village Code. She began with the Bulk Regulations, noting that research has been started. Field visits were made and informal discussions have taken place with some of the Board members and Village Staff. Suggestions were made to step back from the original idea of Board of Trustees January 14,2003 Page 13 of 17 sweeping change to the Code and instead concentrating more on development of FAR requirements and an implementation plan. The issue of the ability of the Village to enforce more elaborate bulk regulations is one of the issues guiding this change. The next item to be reviewed was impervious surfaces. Proposed amendments and resolutions have been drafted, however, this item and bulk regulations tie in together. Marilyn pointed out that Public Notification has been dealt with, and completed. These amendments cover Phase I. Moving on to Phase II, Marilyn discussed steep slopes. The draft legislation was referred back to the Board of Trustees by the Planning Board. They asked that the wording be reviewed. The research on wetlands and water courses has been completed. It was felt that a revision of the replacement ratios section needed to be accomplished. This will incorporate the functional quality level of the wetlands and the modifier to those replacement ratios. Floodplains regulations have also been researched, and the existing regulations have been reviewed. The regulations are consistent with model regulations reviewed. The Village's Attorney has suggested some revisions that are now being reviewed. Stormwater management research has been completed. At this time F.P. Clark is reviewing the existing code and drafting amendments. In addition, the tree ordinance is also being reviewed. The review of erosion and sediment control has also been completed. At this time the existing code is being reviewed, and amendments are being drafted. Marilyn moved on to Phase III, noting that the scope of quick fixes has been changed somewhat. The need for a formal questionnaire and report to go over small errors, inconsistencies, omissions, typographic mistakes, and contradictions in the Code are being questioned. She pointed out that miscellaneous amendments was dealt with earlier in this meeting. Mayor Filipowski felt that steep slopes needed to be reviewed as quickly as possible. Mr. Stolman noted that some amendments are tied to others. Until the residential bulk regulations are worked out, the consultants cannot work on impervious surfaces. With respect to the amendments on steep slopes, the Planning Board has requested additional work. The revisions should be completed in fairly short order. He noted that a memorandum was submitted to the Village Board in September of 2002, with a bar chart. At this time the amendments are approximately three weeks behind, but the consultants are trying to catch up. Board of Trustees January 14,2003 Page 14 of 17 Trustee Santon felt that the Village was in dire need of these amendments. Many applicants particularly in connection with special use permits have been coming in and paving large areas thus increasing the amount of impervious surfaces. The Village cannot afford to wait for the Bulk Standards to be reviewed before the other amendments are made. He expressed his concern regarding the timeline, and stated that he had hoped that much more would have been accomplished by now. Trustee Goodman felt that the Moratorium could be extended by a month to make sure that everyone was comfortable with the amendments. Mr. Stolman noted that there are a variety of different ways to regulate bulk. They are now honing in on a way that is reasonable, is perfectly adequate to regulate bulk, and is not terribly difficult to administer. Mr. Stolman stated that the amendments could give the Village a standard regarding impervious surface, but with respect to giving all of the impervious surface standards the consultants are looking at a sliding scale made up of different percentages. In the interim they will come up with an amendment regarding impervious surfaces in the front yard. The consultants are also very concerned with how things are progressing within the Moratorium. Work on steep slopes and wetlands is proceeding as quickly as possible. Trustee Santon asked for an updated bar graph. He also questioned how work on the study of a Recreation Zone for large tracts of land such as the Blind Brook Club and Crawford Park was proceeding. Mr. Stolman noted that this area of the Code was also being explored. Mayor Filipowski asked Mr. Bradbury to review the agenda for the next meeting. Mr. Bradbury noted that the Board voted upon the Public Hearing for the variance for the Moratorium for Con Edison at this meeting. A Resolution on this matter will be placed on the agenda for the next meeting. Bellefair has made a request to enforce the traffic regulations on their private streets as well as their public streets. A Local Law is being drafted regarding this matter, and a Public Hearing will be scheduled at the next meeting. The appointment of election inspectorsc will be addressed at the next meeting. Any amendments for the Moratorium will also be placed on the agenda along with some sewer and drainage easements for the proposed Fire House. Mr. Bradbury noted that the Capital Improvements Plan has been submitted. He suggested a Work Session to review this plan and then placing this matter on the February 18, 2003 agenda. He also pointed out that there are several applications before the Planning Board, and as those are referred back to the Board of Trustees they will be placed on the agenda. Board of Trustees January 14,2003 Page 15 of 17 Trustee Santon asked where the Village stood on the awaited proposal from Nextel for a cell tower on Village property. He also questioned the status of the Red Roof Farm matters. Mr. Bradbury noted that Nextel is preparing a proposal to be submitted to the Village, as are a few other cell providers. As soon as these proposals are received they will be forwarded to the Board. Mr. Bradbury stated that he would provide an update on Red Roof Farm at the next meeting. At that time he will provide a summary of issues, i.e. the drainage issues. Mr. Carosi and Mr. Dolph Rotfeld are preparing plans to address the drainage issues. Mayor Filipowski turned to comments from the public. Mr. Ken Heller of Lincoln Avenue addressed the Board. He stated that the original Moratorium was to cover the Lincoln Avenue sector. He noted that there are a number of very large parcels and it is to the betterment of the Village if these large parcels can be retained and protected through conservation easements for any re-evaluation that might be coming in the future. The re- evaluation may force property owners to consider subdivision for financial need. He felt that preservation needs to be placed on the top of the agenda when working on the Moratorium. Mr. Heller noted that there was a period of time recently when there was no electricity to a portion of the Village due to a storm. Knollwood Drive was blocked off and he felt that it was important for the Village to check in with residents when there was a situation of this type. When streets are blocked off people should be alerted and aid offered wherever it is needed, especially to the senior citizens. Mayor Filipowski stated that the streets were not blocked off during this incident, and that there was police presence on the scene. Chief Santoro stated that there were power wires down and the electricity needed to be shut down completely before any clean up and repair work could be done. There were police units on site, and there were extra patrols with marked police cars throughout the area. The Fire Department and Ambulance Corp were aware of the problems in the area. At this time the Police Department is looking into notification programs. Trustee Goodman stated that if a resident was feeling vulnerable or trapped they could called the Police Department for assistance. Chief Santoro agreed, and noted that the police are around 24 hours a day, seven days a week. Trustee Santon noted that there was a program in which the Village was working with the Red Cross for disaster training. He asked where this program stood. Chief Santoro stated that this type of situation could be handled without Red Cross' assistance. Red Cross' assistance comes in during events where a significant number of people need to be moved, i.e.: a hurricane. Mr. Bradbury noted that Ms. DiSalvo is coordinating the program and will be doing an update on this matter for the Board at a subsequent meeting. Mayor Filipowski asked that residents read and save the most recent Village newsletter. Recycling program information for the year has been included in the newsletter. Board of Trustees January 14,2003 Page 16 of 17 Chief Santoro was asked for a presentation on the recent situation with police cars exploding on impact. Chief Santoro noted that the Village has always done everything they could, beginning with making sure that nothing is floating around in the trunk. The cars have all been inspected. He noted that the recent incidents in the news have all occurred during high speed impacts. Mayor Filipowski noted that the Village received many calls about leaves, snowfalls, and Christmas Tree pickups. Mr. Victor Carosi, Village Engineer, provided an update on the work that the Department of Public Works has been doing. He pointed out that the Village is still picking up debris from the December 250' storm. The Fall Leaf program is normally finished on or about the 150' of December, however, this year the Village is still out there picking up leaves. The late leaf fall and early snowfall, coupled with a snowstorm that brought down many tree branches, means that the Village is still out there picking up leaves and almost finished. The traditional leaf blowers cannot be used at this time of year. The Public Works Department is going street-by-street, neighborhood-by- neighborhood, picking up debris. The Parks Department and Public Works Department have been working together on debris removal. Mayor Filipowski noted that the next Board of Trustee meetings are scheduled for January 28, 2003 and February 11, 2003 Mayor Filipowski asked for a motion for an Executive Session on Red Roof Farm and Personnel. On a motion made by Trustee Goodman, and seconded by Trustee Degling, an Executive Session was scheduled. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE There being no further business before the Board, the meeting was adjourned at 9:30 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk Board of Trustees January 14,2003 Page 17 of 17 Board of Trustees January 14,2003 Page 18 of 17