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HomeMy WebLinkAbout2003-06-10 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING Village of Rye Brook BOARD OF TRUSTEES Village Hall, 938 King Street Tuesday, June 10, 2003 —7:30 p.m. ROLL CALL PLEDGE OF ALLEGIANCE REPORT ENVIRONMENTAL COUNCIL REPORT PROVIDED BY CHAIRMAN ON ACTIVITIES OF THE COUNCIL PUBLIC HEARING 1) CONTINUATION OF A PUBLIC HEARING IN CONSIDERING NON- CONFORMING HOME OCCUPATIONS/SPECIAL PERMIT LAW RESOLUTIONS 1) CONSIDERING THE APPOINTMENT OF POLICE OFFICER 2) CONSIDERING THE APPOINTMENT OF HIGHWAY LABORER 3) SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PARKING ON LONGLEDGE DRIVE AND WYMAN STREET 4) SETTING A DATE FOR A PUBLIC HEARING TO AMEND THE INTERIM DEVELOPMENT LAW 5) SETTING A DATE FOR A PUBIC HEARING ON PROPOSED SALE OF THE COMLY AVENUE PROPERTY 6) SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO REPEAL CHAPTER 117, EROSION AND SEDIMENT CONTROL; AMEND CHAPTERS 121, EXCAVATION AND TOPSOIL REMOVAL AND 213, STEEP SLOPE PROTECTION; AND CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE VILLAGE CODE Board of Trustees June 10,2003 Page 1 of 21 7) AUTHORIZING A REVOCABLE PERMIT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT 8) AUTHORIZING USE OF VILLAGE STREETS FOR THE KIDS WHO CARE BIKE-A-THON 9) APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY PARADE COMMITTEE 10) APPROVAL OF MEETING MINUTES: FEBRUARY 11, 2003 AND FEBRUARY 25, 2003 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1) REPORT FROM VILLAGE ATTORNEY ON CONTRIBUTIONS FOR TRAFFIC IMPROVEMENTS ON KING STREET 2) RECONSTITUTION OF A VILLAGE LEGAL COMMITTEE TO EXPLORE THE POSSIBILITY OF BECOMING A CO-TERMINOUS TOWN-VILLAGE 3) DISCUSSION OF CENSUS-BUILDING WORKSHOP TO DEVELOP VILLAGE BOARD GOALS FOR THE COMING YEAR 4) REPORT ON THE WESTCHESTER COUNTY RESURFACING PROJECT ON NORTH RIDGE STREET 5) REVIEW OF THE STATUS OF KING STREET ATHLETIC FIELDS PROJECT AND VARIOUS ISSUES RELATING THERETO 6) STATUS OF VARIOUS LAND USE ISSUES TO BE CONSIDERED FOR LEGISLATION WHILE THE MORATORIUM LAW IS IN EFFECT 7) DISCUSSION ON VARIOUS ISSUES WITH RED ROOF FARM SUBDIVISION AND PARKLAND BOARD Mayor Francis Filipowski Trustee Carol Goodman Trustee Paul Rosenberg Trustee Dean Santon Excused: Trustee Robert Harris Board of Trustees June 10,2003 Page 2 of 21 STAFF Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Siefert, Public Access Coordinator Robert Santoro, Chief of Police Paula Patafio, Meeting Secretary Mayor Filipowski requested that one item be taken out of order on the agenda. 1) CONSIDERING THE APPOINTMENT OF POLICE OFFICER Mr. Christopher Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the following resolution was adopted: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED, that John J. Citta, of 21 Lexington Hill, Harriman, New York, is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York, and contingent upon approval of transfer from the Westchester County Personnel Office and passing a medical exam; and be it FURTHER RESOLVED, that the annual salary for the position is $35,759 with an effective start date of July 2, 2003 and a probationary period of 26 (twenty-six) weeks. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Chief Robert Santoro introduced Officer Citta to the Board, and members of the public. Officer Citta thanked everyone for this opportunity. Officer Citta was welcomed aboard. Board of Trustees June 10,2003 Page 3 of 21 Mayor Filipowski returned to the order of the agenda and called for the first item under Reports: REPORT ENVIRONMENTAL COUNCIL REPORT PROVIDED BY CHAIRMAN ON ACTIVITIES OF THE COUNCIL Mr. Harvey M. Schiller, the recently reappointed Chairman of the Environmental Council, addressed the Board. He offered a brief presentation on the activities and responsibilities of the Environmental Council, which acts in an advisory capacity to the Village Board of Trustees. This Council conducts studies, as requested by the Board of Trustees, on environmental conservation matters. It also serves as the liaison between County and State level environmental conservation organizations. The Council consists of seven very dedicated and knowledgeable volunteers. Mr. Schiller gave a brief biography for each member on the Council. Mr. Schiller presented the Board with a report on the activities of the Environmental Council from June 2002 to June 2003. The Environmental Council has been involved in several matters that had the potential of greatly affecting the Village. These matters included the Westchester County Airport and the de-icing Facility, research on Steep Slopes, continued follow up on environmental concerns regarding Wireless Antenna Facilities, the Hutchinson River Parkway Re-Forestation, subdivisions within the Village, Storm Water Analysis in connection with the East Branch of Blind Brook, Rich Manor Park — a County project, and the Lincoln Avenue property. (29 acres owned by the Village) The Council meets bi-monthly, however this schedule has recently changed because of the many projects before them. All meetings are open to the public. Mr. Schiller was thanked for his very informative presentation. The agenda was reviewed, and Mayor Filipowski requested that a second item be taken out of order. He called for the Report on the Westchester County Resurfacing project on North Ridge Street. REPORT ON THE WESTCHESTER COUNTY RESURFACING PROJECT ON NORTH RIDGE STREET Mr. Bradbury reviewed the project. He noted that the Village was extremely pleased with the work done on South Ridge Street. However, it was equally displeased with the work being done on North Ridge Street. This roadway is in need of major reconstruction, a total overhaul. The County had previously indicated that they would be doing a much Board of Trustees June 10,2003 Page 4 of 21 more thorough job, and then changed their plans because of a lack of funds. This change of plans has resulted in a water problem in the area. Mayor Filipowski stated that the County must be brought in to correct the curbing on North Ridge Street to alleviate the water runoff problems created in this area. Mr. Bradbury noted that lips need to be added on driveways to prevent the water from running down the driveways towards the homes. He hoped that they would be working as early as the end of next week. A resident of 283 North Ridge Street addressed the Board. He noted that some drainage was installed opposite 287. However, at this time, with the addition of this catch basin, there are now three basins that are flooding the water across the roadway. The County produced a 1" curb which has resulted in flooding of front lawns and basements of the residents in the area. There is also splash over from the cars driving by. The cars are now flying from the school down to the parkway — going at least 50 mph. One side is flooded, the other side has no curbing which creates a hazard for the children walking to school. He asked for solutions now and not promises. Mr. Schwartz of North Ridge addressed the Board. He noted that he expressed his concern about the road when work commenced. The road does not pitch towards the catch basins but rather to the front lawn of the residents. The residents in this area can no longer have nicely manicured front lawns because proper maintenance of these lawns is impossible because they are under 6" of water. Trustee Santon noted that the County has been promising to do this work for several years. He asked that the County be requested to come in and put in the curbs and sidewalks, along with landscaping. Mr. Bradbury responded that this road was not milled and instead just an overlay of asphalt was installed because of the lack of funding. This means that the roadway is now higher than the existing driveways. If they are required to come in and simply add curbing it will create many more problems. Mr. Bradbury noted that the original plan was for the County to come in and do milling and paving. Unfortunately, this is not what was done. Trustee Paul Rosenberg asked if there were documents from the County stating what was going to be done. Mr. Beane noted there may be recourse, however, if the County ran out of funding then built into their documents is an "out." Trustee Santon felt that the County has created a hazard that needs to be corrected, and they must be put on notice. He suggested that the Village make a temporary fix in this area. Mr. Bradbury reminded Trustee Santon that there is no drainage system in this area. Mr. Beane agreed with Mr. Bradbury, and stated that the Village should not attempt to make a temporary fix. The County is responsible and must be held responsible. Mr. Bradbury agreed. He felt that the County will come in and correct to the pre-condition, prior to this work being done. Unfortunately, the pre-condition was terrible. He will Board of Trustees June 10,2003 Page 5 of 21 continue to follow up with the County on this matter, and advise the Board of Trustees as information comes in. Mayor Filipowski moved to the Public Hearing portion of the meeting: PUBLIC HEARING 1) CONTINUATION OF A PUBLIC HEARING IS CONSIDERING NON- CONFORMING HOME OCCUPATIONS/SPECIAL PERMIT LAW Mayor Filipowski declared the public hearing open, and called upon Mr. Beane for an overview of this matter. Mr. Beane began by noting that no changes have been made to this proposed law since the previous hearing. There are three issues that the Board has requested be addressed. The first addresses the position that the Board has taken that anyone engaging in the business being run from the home should reside in the home. This avoids apathy. The second was a request made to define employees of Home Occupation/Special Permits. And the third matter deals with the clarification of permit fees. Trustee Goodman felt that the way the definition of resident is drafted it restricts Tier I use. Everyone is entitled to bring their work home. The way this law is written a person who owns a residence in Rye Brook and has another home somewhere else cannot work out of their home in Rye Brook. She felt that this was not the intent of the law. Trustee Santon noted that the intent here is not to regulate Tier I occupations at all because that could be virtually every resident in the Village. The target here are the home occupations that are full fledge commercial business that bring in other nuisances to the surrounding residential neighborhood, such as parking, additional traffic, noise, etc. — things that affect the quality of life of their neighbors. He suggested two different definitions, one for Tier I and one for Tier II and III. There is a difference when someone starts bringing in outside employees, has daily deliveries, and comings and goings of clientele. This is type of home occupation that the Village is looking to regulate. It is hard to do one catch-all definition of a resident. If someone runs a business out of their house they should be the owner and have a vested interest. If a person is not the owner/occupant of a premise they should not be running a business out of a residential home. Mayor Filipowski noted that the Village was addressing this matter because of problems that have been brought to the attention of the Board of Trustees and Village staff. It was the Board's hope that these problems could be addressed by amending the Local Law. Board of Trustees June 10,2003 Page 6 of 21 Mr. Beane noted that a Tier II or Tier III business, unless it existed before 1996, cannot have more than two employees. The intent here is to bring the attention to someone who does not live in the home yet runs a real commercial business from that home. Trustee Goodman suggested that a change be made to Tier I, removing the word resident and changing it to a person residing in the building. Mr. Beane pointed out that very real problems can develop from Tier I occupations. As there were still several outstanding matters, Mayor Filipowski asked that this matter be adjourned. Trustee Santon suggested a special work session to address this matter. Mr. Beane stated that all input from the Board should be directed to him. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the matter was adjourned to the June 24th meeting of the Board of Trustees. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE RESOLUTIONS 2) CONSIDERING THE APPOINTMENT OF HIGHWAY LABORER Mr. Bradbury read the resolution. On a motion made by Trustee Goodman and seconded by Trustee Santon the following resolution was adopted: RESOLUTION APPOINTMENT OF HIGHWAY LABORER RESOLVED, that Michael DeCrescenzo, of 2 Hawthorne Avenue, Rye Brook, New York, is hereby appointed to the position of Highway Laborer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York and a physical exam and drug screen; and be it FURTHER RESOLVED, that the annual salary for the position is $34,500 with an effective start date of June 16, 2003 and a probationary period of 52 (fifty-two) weeks. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE Board of Trustees June 10,2003 Page 7 of 21 TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3) SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PARKING ON LONGLEDGE DRIVE AND WYMAN STREET Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the following resolution was adopted: RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PARKING ON LONGLEDGE DRIVE AND WYMAN STREET WHEREAS, the Village of Rye Brook Traffic Commission has requested that parking be prohibited along certain portions of Longledge Drive and Wyman Street; and WHEREAS, a local law has been proposed to prohibit parking along certain portions of Longledge Drive and Wyman Street; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 24, 2003 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to add parking regulations concerning Longledge Drive and Wyman Street. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Rosenberg questioned where the cars that are causing the problem are coming from. Chief Santoro noted that there is insufficient off-street parking to accommodate the cars of the residents in the area. Trustee Santon asked where the cars would go if not allowed to park on these streets. Mayor Filipowski responded that the hope was that people will be parking their cars in their driveways. Board of Trustees June 10,2003 Page 8 of 21 4) SETTING A DATE FOR A PUBLIC HEARING TO AMEND THE INTERIM DEVELOPMENT LAW Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION SETTING A PUBLIC HEARING DATE TO AMEND THE INTERIM DEVELOPMENT LAW WHEREAS, the Village of Rye Brook Board of Trustees adopted Local Law 95-2002 on August 12, 2002 to regulate for an interim period, the approval of subdivision plats, project development plans and special use permits in the R- 12, R-15 and R-20 Zoning districts and the Lincoln Avenue corridor; and WHEREAS, the effective date that the interim development law was filed by the Secretary of State was September 20, 2002 and expired on March 20, 2003 at which time the Village Board extended the effective date of the moratorium to July 8, 2003 by Local Law 94-2003; and WHEREAS, the Village Board wishes to further extend the effective date of the moratorium to September 9, 2003, NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on June 24, 2003 at 7:30 p.m. at the Village Hall, Rye Brook, New York to consider amending the interim development law by extending its term to September 9, 2003; and BE IT FURTHER RESOLVED, that this local law shall be referred to the Village of Rye Brook Planning Board and the Westchester County Department of Planning. Trustee Santon expressed his concern regarding some of the areas of land use and the fact that they have note yet been addressed. These include subdivisions, recreation zones, and conservation easements. Mayor Filipowski asked Ms. Timpone-Mohamed for an update to be presented at the next Board of Trustee meeting, June 24, 2003. Mr. Bradbury was asked for a list of other areas of the Village Code that should be included in the review. Board of Trustees June 10,2003 Page 9 of 21 Mr. Bradbury noted that all of the revisions are now in the hopper. There are no additional new laws being considered at this time. All areas to be reviewed have been referred by F.P. Clark& Associates to the Planning Board for its review. Mr. Ken Heller of Lincoln Avenue addressed the Board. He asked that during its review, the Village consider conservation easements. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5) SETTING A DATE FOR A PUBLIC HEARING ON THE PROPOSED SALE OF THE COMLY AVENUE PROPERTY Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the following amended resolution was adopted: RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE PROPOSED SALE OF THE MAGNOLIA DRIVE PROPERTY WHEREAS, the Board of Trustees of the Village of Rye Brook (the "Village Board") has proposed issuing an authorization for the Village to sell a parcel of property known as the Magnolia Drive parcel, adjacent to Wards Castle, approximately .82 acres in size at a private sale; and WHEREAS, adoption of a resolution authorizing this sale at a price and pursuant to terms which the Village Board deems to be most beneficial and in the best interests of the Village; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall conduct a public hearing on June 24, 2003, at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider a proposed resolution authorizing the Village to sell the Magnolia Drive property, adjacent to Wards Castle, located at Sec.I Block 8, portions of lot 4A and 4C at a private sale, at a price and upon such terms to be determined by the Village Board as being in the best interests of the Village. Mayor Filipowski noted that a reference should be made to clarify the location of this property. Trustee Santon agreed with the Mayor. He noted that this parcel Board of Trustees June 10,2003 Page 10 of 21 was deeded to the Town of Rye by the developer of the Magnolia Drive subdivision. This one parcel fronts on Magnolia Drive. Mr. Beane agreed and amended the resolution, replacing the location description from Comly Avenue with Magnolia Drive. Mr. Beane also noted that there is a very limited demand for this property and, in his opinion, only the adjacent property owners would be interested. Mr. Michael Borrelli addressed the Board. He noted that he is the adjacent property owner and has, over the years, expressed an interest in the property. Mr. Bradbury stated at this time the Village is considering the sale of this property. There would be a public hearing held on this matter on June 23, 2003, at which time Mr. Borrelli, and other interested residents, could address the matter. Mr. Beane noted that a decision of whether or not the Village wishes to sell this property will be made after the public hearing is held. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the resolution was adopted, as amended. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6) SETTING A DATE FOR A PUBLIC HEARING ON LOCAL LAW TO REPEAL CHAPTER 117, EROSION AND SEDIMENT CONTROL; AMEND CHAPTERS 121, EXCAVATION AND TOPSOIL REMOVAL AND 213, STEEP SLOPE PROTECTION; AND CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE VILLAGE CODE Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the following resolution was adopted. RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO REPEAL CHAPTER 117, EROSION AND SEDIMENT CONTROL; AMEND CHAPTERS 121, EXCAVATION AND TOPSOIL REMOVAL AND 213, STEEP SLOPE PROTECTION; AND CREATE CHAPTER 118, EROSION AND SEDIMENT CONTROL OF THE VILLAGE CODE RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 24, 2003 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York, to consider a local law to amend the Village Code Board of Trustees June 10,2003 Page 11 of 21 to repeal Chapter 117, Erosion and Sediment Control; amend Chapters 212, Excavation and Topsoil Removal and 213, Steep Slope Protection; and create Chapter 118, Erosion and Sediment Control with regard to controlling soil erosion and sedimentation of waterways during land-disturbing activities in the village. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Santon asked for clarification, noting that this matter was on the upcoming Planning Board agenda. Mayor Filipowski noted that the Board of Trustees was trying to have this on as soon as possible, and was hopeful that the Planning Board's review would be completed by June 12, 2003. 7) AUTHORIZING A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of New York (hereinafter"Purchase College") from July 7, 2003 to August 15, 2003; and WHEREAS, Purchase College is willing to grant the Village of Rye Brook Recreation Department a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms, in exchange for a fee of Five Thousand Seven Hundred Sixty and no/100 ($5,760.00) Dollars, which is based on a rental fee of One Hundred Twenty and no/100 ($120) Dollars per hour. Board of Trustees June 10,2003 Page 12 of 21 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College a deposit of Two Thousand Eight Hundred Eighty and no/100 ($2,880.00) Dollars upon signing the Revocable Permit Agreement and to pay the balance of the permit fee, Two Thousand Eight Hundred Eighty and no/100 ($2,880.00) Dollars at the conclusion of the agreement period when a final bill is provided by Purchase College; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all necessary documents to implement the Revocable Permit Agreement. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 8) AUTHORIZING USE OF VILLAGE STREETS FOR THE KIDS WHO CARE BIKE-A-THON Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the following resolution was adopted: RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR THE KIDS WHO CARE BIKE-A-THON RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Saturday, September 13, 2003, (or on the rain date of Sunday, September 14, 2003) from 2:00 p.m. to 4:00 p.m. for the fifth (5th) annual Kids Who Care Bike-a-thon along the route described in the letter dated June 3, 2003 from Linda Becker and Ruth Chalfin, and BE IT FURTHER RESOLVED, that the terms of closing the Village streets or limiting the vehicular traffic flow along the Village streets comprising the route of the bike-a-thon shall be established by the Rye Brook Police Department. Board of Trustees June 10,2003 Page 13 of 21 TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9) APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY PARADE COMMITTEE Mr. Bradbury read the following resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY PARADE COMMITTEE WHEREAS, the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Parade Committee; and WHEREAS, the Village of Rye Brook Board of Trustees in the year 2001 and 2002 contributed $750.00 for said event, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby requests that $750.00 be given to the Columbus Day Parade Committee for its annual Columbus Day Parade; and it is FURTHER RESOLVED, that the Columbus Day Parade Committee may use Hawthorne Avenue on Sunday, October 12, 2003 (rain date October 19, 2003) for the Columbus Day parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees June 10,2003 Page 14 of 21 10)APPROVAL OF MEETING MINUTES: FEBRUARY 11, 2003 AND FEBRUARY 25, 2003 The summaries were approved, subject to typographical corrections, on a motion made by Trustee Goodman, and seconded by Trustee Santon. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1) REPORT FROM VILLAGE ATTORNEY ON CONTRIBUTIONS FOR TRAFFIC IMPROVEMENTS ON KING STREET Mr. Beane addressed the Board regarding a study that the Village of Rye Brook was contemplating doing with Greenwich regarding traffic improvements on King Street. Mr. Beane noted that he had put together all of the documents and information. However, he requested additional time to review the information, and to refer it to the Village's Planning Consultants. Mayor Filipowski noted that before the Board of Trustees would address the issue of the contribution and asked if a report would be available to them prior to the deadline for making a decision. Mr. Beane stated that he would prepare a timetable for the Board of Trustees. Mr. Bradbury stated that the Greenwich Board approved the funding for the study and they will be requesting action from Rye Brook. Mayor Filipowski directed Mr. Beane to have his report by the next Board of Trustee meeting. Mayor Filipowski called for the next item on the agenda: 2) RECONSTITUTION OF A VILLAGE LEGAL COMMITTEE TO EXPLORE THE POSSIBILITY OF BECOMING A CO-TERMINOUS TOWN-VILLAGE Mayor Filipowski noted that in November, 1992 a Legal Committee was established to study long-range planning and to provide a confidential report concerning some aspects of that topic. This report was provided to the Village on a confidential basis. At this time the Village's Counsel is trying to ascertain Board of Trustees June 10,2003 Page 15 of 21 whether or not this report is available, or acceptable to the Village. This report will have to be released by the former mayor. Mayor Filipowski noted that if this information is not available, perhaps this committee could be reconstituted. Mr. Beane asked for the opportunity to discuss this matter with some of the former members of the Board of Trustees. He could not understand why this report was deemed confidential, and suggested that further discussion of this matter be done during an Executive Session. Trustee Rosenberg questioned what was required in order to reconstitute this committee. Mayor Filipowski stated that this matter will be placed on the agenda for a Board of Trustee meeting. He felt that a committee should be created, without the confidential basis language. Trustee Santon noted that the resolution from November of 1992 refers to legal studies for long-range planning. He questioned what the impetus was to explore this possibility. Mayor Filipowski responded that in looking at the budget, and the fact that mortgage taxes are shared with the Town of Rye, it was felt that this could be a large source of revenue for the Village. It was noted that there are hundreds of thousands of dollars generated from the mortgage tax which could benefit the Village of Rye Brook. Daniel Tartaglia, Esq., a resident of Rye Brook, addressed the Board. He noted that this is an issue that has been discussed over time by Rye Brook and Port Chester. Port Chester, some 22 to 23 years ago, had a study prepared by Pace University. They put together an advisory committee and a 200 page report was prepared. Different issues were reviewed. At the end of the study, the decision was made that financially Port Chester would remain a Village within the Town of Rye. Mr. Tartaglia felt that it was interesting that this topic would come up now with the low interest rates. The additional costs taken on should be reviewed very carefully. The burden of tax collection, assessment, etc. must also be taken into consideration. Another topic to be considered would be what happens to Crawford Park. When the Town floats a bond, it spreads the cost throughout the Villages of Port Chester, Rye Brook and Rye Neck. Mr. Tartaglia offered to serve on any committee that is formed to review this matter. He did point out, however, that he did not feel that this idea was in the best interest of the Village of Rye Brook when looking to keep taxes at the lowest level possible. Mr. Ken Heller of Lincoln Avenue addressed the Board. He reminded the Board that there are two school districts in Rye Brook. The State Education Department has been looking for an excuse to consolidate Districts 4 and 5. He reminded the Board that the tax base of District 4 supports the Port Chester school district. He felt that this review would open a hornets' nest. Board of Trustees June 10,2003 Page 16 of 21 Trustee Santon tried to understand the intent. It was his opinion that dissolving the Town was the apparent intent. He felt that in trying to get a portion of the mortgage tax did not outweigh what the Village would lose, i.e. a court system, tax assessment and collection services Mayor Filipowski stated that the intent of the review would be to see if the Village would benefit. At this time the Village is only attempting to obtain a copy of the confidential report. He assured everyone that this matter would be explored in a very, very open manner. Town of Rye Supervisor, Robert Morabito, addressed the Board. He noted that he had served on the Committee in 1979-80. The result was that there was no interest in going forward. He reiterated Mr. Tartaglia's comments. The Town of Rye has taken on some issues that may be considered difficult — but they have been in the best interest of the Town of Rye, i.e. the suggested re-evaluation. They take their responsibilities seriously. The Town is here to server Rye Brook. Supervisor Morabito noted that also in attendance were the Honorable Anthony Provenzano, Rye Town Justice, Mr. Michael Borrelli, and Mrs. Anne Capeci. 3) DISCUSSION OF CONSENSUS-BUILDING WORKSHOP TO DEVELOP VILLAGE BOARD GOALS FOR THE COMING YEAR Mr. Bradbury addressed this topic. He felt that a Work Shop would benefit the Village. It would be helpful for the Village Board to meet with the staff. Mayor Filipowski asked for the consensus of the Board. The Board agreed with Mr. Bradbury's intent. Mayor Filipowski noted that item 94 was discussed earlier in the meeting. He called for item#5: 5) REVIEW OF THE STATUS OF KING STREET ATHLETIC FIELDS PROJECTS AND VARIOUS ISSUES RELATING THERETO Trustee Santon noted that it has now been approximately one year since the research for this project began. The design budget has been expended. He reviewed the progress of this project over the past year. Noting that the project started at the Village owned property on King Street, was shifted to the properties owned by the Blind Brook School District, the Arbors, and the Village, and then to Harkness Park. The Recreation Council has now returned to pursuing the compost site, the Arbors' property, and the School District's property. At this time, the Village is no further with this project then it was last October. He expressed his dissatisfaction with the work produced to date in that the Village was now back to square one. He questioned who was in charge of this project. Board of Trustees June 10,2003 Page 17 of 21 Mayor Filipowski responded to the concerns raised by Trustee Santon. He noted that the Recreation Council was scheduling a meeting to present its ideas of where the Village should be going to the Village Board. The Commission will also provide information regarding the Legacy Grant. This Council has been working extremely hard throughout this past year. A lot of due diligence has been accomplished, and now different aspects are being addressed. The Village will move forward to accomplish what the Recreation feels is essential for the Village. This project will be discussed with candor and truthfulness. When the Village Administrator is advised by the Recreation Council that they are ready, this matter will be placed on the agenda for a future Board of Trustee meeting. 6) STATUS OF VARIOUS LAND USE ISSUES TO BE CONSIDERED FOR LEGISLATION WHILE THE MORATORIUM LAW IS IN EFFECT Trustee Santon noted that this matter was covered earlier in the meeting. Mayor Filipowski called for the next item on the agenda: 7) DISCUSSION ON VARIOUS ISSUES WITH RED ROOF FARM SUBDIVISION AND PARKLAND Trustee Santon asked for clarification of what has been transpiring with this matter. He felt that he was not privy to information that the Mayor had. He noted that many of the Red Roof residents have approached him looking for conclusions to these matters. Mr. Beane, Village Counsel, and Mr. Carosi, Village Engineer, were asked to prepare a response for the June 24, 2003 Village Board meeting. Mr. Beane stated that although he was not able to respond to all of Trustee's concerns, he did have answers to several. He noted that a guide rail has been ordered. The drainage issues have been broken down into groups as a result of the report prepared by Mr. Dolph Rotfeld, Village Engineering Consultant. Several meetings have been held and all of these groups will be represented. Regarding the road dedication, a memorandum was issued about one week ago that it makes it very clear to the developer regarding what must be done to be placed on a Board of Trustee agenda, and move forward with the road dedication. These issues must be addressed before the Village agrees to the road dedication. Hopefully these issues will be resolved and this matter will be on the agenda by June 240i. Board of Trustees June 10,2003 Page 18 of 21 Mr. Beane noted that the developer has the obligation, and has agreed to replace, street trees, trees on public properties, and trees that are dying. The developer has submitted a report indicating which trees do not need to be replaced, which must be reviewed by the Village. In addition, no decision on these trees can be made until the spring. Regarding Lot 928, a new series of violations has been issued to the owner of this lot. The Village's law states that the Village has the right to go in and do the clean up and fix up, and then charge back the owner. This is private property, however, if after five days there is no resolution then appearance tickets and fines will be issued. Mr. Beane noted that this time there is no answer regarding the Cohen lot. (Lot 92 at 200 N. Ridge Street) There are other issues regarding Red Roof Farm that must be addressed. The Bond is in place. The Bond will be pulled only as the last resort as it is the least effective way of dealing with these open matters. Mr. Bradbury reviewed items to be placed on the June 24, 2003 agenda: • Public Hearing and resolution extending land use moratorium • Public Hearing and resolution on the sale of Village property on Comly Avenue • Public Hearing and resolution on no parking on Longledge and Wyman • Resolution considering amendments to prior home occupations/special permit law • Discussion on future use of Village property on Lincoln Avenue (pending receipt of report from Facilities Committee that met on June 4th) • Resolution setting a public hearing to consider the acceptance of roads within Red Roof(conditional resolution providing work has been completed) • Approval of Minutes (as they are available) • Administrator Update Mayor Filipowski noted that Rye Brook's Birthday Party was scheduled for Saturday, June 14th, at Crawford Park. All Village residents were invited, and encouraged to bring canned goods to be used as contributions to the needy. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Mr. Ken Heller addressed the Board. He noted that over the past five years he has requested that a sign be placed at the entrance of Hidden Falls, at North Ridge Street, so that all residents would be aware of the ability to access Rye Hills Park from this roadway. Although a sign was scheduled to be installed, to-date it has not. He felt that the residents of Rye Brook should be made aware of this Park, regardless of the Board of Trustees June 10,2003 Page 19 of 21 objections of the residents of Hidden Falls. Although this Village Park can also be accessed through Crawford Park, which is a Town Park, residents should know that there is another access route, especially considering that this is where the handicapped parking is located. Mr. Bradbury noted that this sign needs to be ordered and the Village staff is working on this matter. Supervisor Morabito addressed the Board. He noted that regarding Rye Hills Park, the residents were promised screening that would be installed between Crawford Park, Rye Hills Park, and their property. These two residents feel that their backyards are no longer private. He suggested the installation of a fence along the property line. This screening would also buffer the sound from the basketball court. Daniel Tartaglia of Brookridge addressed the Board. He thanked Chief Santoro and Mr. Carosi for the help given to the Brookridge residents regarding trash pick ups. He noted that transition process has been completed, and now all pick ups are being made. Mayor Filipowski noted that there is a new carter for the Village of Rye Brook. Mr. Carosi noted that Suburban Carting will continue the recycling pick up. The recycling calendar can be reviewed on the Village's website. He also reminded everyone no plastic bags are to be used for recycling. Residents can purchase another garbage receptacle to be used for only grass clippings versus purchasing the brown bags. Trustee Santon asked what can be done about working with landscapers who are putting out yard waste on the wrong days. Mr. Bradbury responded that educating the residents and landscapers was the first step. Residents should discuss this matter with their lawn care professionals. Additional information will be placed in the Village's newsletter. Mayor Filipowski noted the next Board of Trustee meetings were scheduled for June 24th and July 8th. He also noted that he needed a motion for an Executive Session on Personnel and Litigation. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the Executive Session was scheduled. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS ABSENT TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees June 10,2003 Page 20 of 21 There being no further business before the Board, the meeting was adjourned at 10:10 p.m. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustees June 10,2003 Page 21 of 21