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HomeMy WebLinkAbout2003-07-08 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JULY 8, 2003 — 7:30 P.M. AGENDA 7:15 p.m. Executive Session—Personnel and Potential Litigation ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1. CONSIDERING ACCEPTING THE DEDICATION OF ROADS WITHIN THE RED ROOF FARM SUBDIVISION AND A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE TO IMPOSE TRAFFIC REGULATIONS ON ROADS WITHIN THE RED ROOF FARM SUBDIVISION. RESOLUTIONS 1. AUTHORIZING DOLPH ROTFELD ENGINEERING TO PROVIDE RECOMMENDATION ON RED ROOF FARM DRAINAGE ISSUES 2. AUTHORIZING EXTENSION OF WETLAND PERMIT APPROVAL FOR PHASE III OF RECKSON EXECUTIVE PARK 3. CONSIDERING ADOPTING A LOCAL LAW TO AMEND THE VILLAGE ZONE LAW CONCERNING THE INCORPORATION OF HEALTH, SAFETY, AND GENERAL WELFARE PROVISIONS FOR PRE- EXISTING NON-CONFORMING HOME OCCUPATIONS 4. CONSIDERING THE RENEWAL OF CONTRACT 902-06, STREET TREE PRUNING, REMOVAL AND COMPOSTING SERVICES 5. AUTHORIZING WASHINGTON ENGINE & HOSE COMPANY 94 TO USE VILLAGE STREETS FOR THEIR 100TH ANNIVERSARY 6. AUTHORIZING ENTRY INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ACCESS TO A TELECOMMUNICATIONS NETWORK 1 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1) UPDATE ON PROPOSED BALL FIELD ON KING STREET 2) DISCUSSION ON FORMING A COMMITTEE TO EVALUATE COTERMINOUS TOWN/VILLAGE 3) DISCUSSION ON AMENDING HOUSE NUMBERING LOCAL LAW 4) DISCUSSION: KING STREET ATHLETIC FIELD PROJECT 5) DISCUSSION: PROPOSED LAND USE LEGISLATION TO BE ADDRESSED BY FREDERICK P. CLARK Next Trustees Meetings: July 22, 2003 and August 12, 2003 BOARD: Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon 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 Planning Consultant Fred Siefert, Public Access Coordinator Robert Santoro, Police Chief Paula Patafio, Meeting Secretary Mayor Filipowski welcomed everyone to the July 8, 2003 meeting of the Board of Trustees. The meeting was called to order at 7:30 p.m. He noted that a request was made by a group of residents from Hidden Falls to address the Board regarding a no parking law being enforced on Longledge Drive. The Board agreed to allow them to discuss this matter. Susan Wisan of Hidden Falls from Longledge Drive addressed the Board. She noted that they have just been notified about the request for no parking with the installation of the signs. They were not notified about the meeting that took place two weeks ago. And, 2 although there was a representative from the Hidden Falls Homeowners Board, the homeowners who are most affected were not notified. This is a residential street, not used for through traffic, and the residents requested clarification of how this request was submitted. Mr. Christopher Bradbury, Village Administrator, noted that a letter from a resident was submitted to the Traffic Commission regarding a dangerous situation regarding parking on this narrow street. The meeting was scheduled and noticed. The public hearing was held, and a decision was made to limit the parking to one side of the street only. He noted that when an issue comes to the Village Board's attention a pubic hearing is set. It is published in the newspaper and placed on the website. Mayor Filipowski directed the residents to address this matter through their Homeowners' Association. When this matter was submitted to the Village, the safety concerns were reviewed by Village Staff and the Traffic Commission. They recommended no parking on both sides of the street. After discussing the matter at the public hearing, the decision was made to limit the parking to one side of the street only. He also suggested that the residents meet with the Traffic Commission to review this matter in detail. He noted that if this was a mistake, it can be corrected. Although Mayor Filipowski directed the residents to contact their Homeowners Association, Trustee Dean Santon stated that the residents could make this request during the discussion portion of the Board of Trustee meeting. Mr. Bradbury noted that the request was sent to the State to file this local law. Mayor Filipowski moved to the agenda. He called for item 91: PUBLIC HEARINGS 1. CONSIDERING ACCEPTING THE DEDICATION OF ROADS WITHIN THE RED ROOF FARM SUBDIVISION AND A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE TO IMPOSE TRAFFIC REGULATIONS ON ROADS WITHIN THE RED ROOF FARM SUBDIVISION. Mayor Filipowski declared the public hearing open. Trustee Santon questioned why the Board was considering dedication of these roads. He felt that holding the public hearing was premature. Edward Beane, Esq., Village Counsel, responded that the process must be followed. Not having the roads dedicated to the Village is a burden upon the residents. Trustee Santon questioned the signage for these roads. He felt that the public hearing should remain open to afford the residents the opportunity to discuss this matter. Mayor Filipowski noted that the Proposed Local Law deals with street 3 signs and not parking. The signage is put in place to protect everyone who uses these streets. Mr. Beane noted that this would push the decision back another meeting. Trustee Goodman felt that the public hearing should be closed as the process needs to move forward. Mayor Filipowski noted that this local law approves the existing signage. Mr. Bradbury also noted that if the streets are accepted the parking has to be set. Mayor Filipowski called for a motion to close the public hearing. Trustee Santon made a motion to keep the public hearing open. He felt that it was time to publicize throughout the Red Roof community that it was time to discuss signage. Trustee Rosenberg seconded the motion. Mr. Bradbury clarified that the public hearing would be kept open until the next meeting. He would republish this matter. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE RESOLUTION 1. AUTHORIZING DOLPH ROTFELD ENGINEERING TO PROVIDE RECOMMENDATION ON RED ROOF FARM DRAINAGE ISSUES Trustee Rosenberg pointed out that he was recusing himself from this matter. Mr. Bradbury was asked to read the resolution. Trustee Santon questioned why this resolution was on the agenda. He did not want to incur costs until a decision was made. Mr. Beane noted that he met with the residents of Red Roof Farm along with Mr. Bradbury and Mr. Carosi. They were told what the Village was prepared to do, which includes designing a drainage plan that will work on the particular problem for each home. Whatever proposal is made are improvements that would be paid for by the residents themselves. The purpose of the resolution is to ensure that nothing happens until each member of the group submits, in writing, their agreement to cooperate. Mr. Rotfeld will not be authorized to start on a particular group until a signed letter is provided from everyone in that group. In other words, nothing happens until the cooperation from every member is received. 4 Mayor Filipowski questioned whether or not the Village should be more specific when referring to the groups. He felt that the Village should be clear of who the homeowners are for each group. Mr. Beane noted that there is a list of each of the groups. The list can be attached to the resolution. Mr. Beane also noted that the groups are distinct. There is no possibility for residents to be confused about which group they belong to. Mr. Bradbury agreed, and reiterated that the list could be attached to the resolution. Mr. Beane noted that he met with every homeowner in each group. There was strong commitment from all of the homeowners, however, there is a chance that someone will change their mind. Mr. Beane noted that the highest estimate was $8,000 to $9,000 per home to remediation the water problems in a particular group. The remediation is practical and cost effective. Trustee Santon requested additional information. He wanted to be sure that the developer was aware that trees were removed where they should not have been. He also wanted to be sure that the developer was aware of the dead trees and the work done beyond the limits of disturbance. Trustee Harris felt that it was unfair to delay offering help to these residents. He felt that the adjustments to the resolution should be made and then the resolution should be moved forward. Trustee Goodman reminded everyone that there is litigation taking place. Mr. Ken Heller of Lincoln Avenue addressed the Board. He wanted to be sure that the Village would not be responsible for reimbursing the individuals once everything is done. Mr. Beane stated that the resolution was clear. Mayor Filipowski asked for the consensus of the Board regarding this matter. As there was no consensus this matter would be left open. 2) AUTHORIZING EXTENSION OF WETLAND PERMIT APPROVAL FOR PHASE III OF RECKSON EXECUTIVE PARK Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the resolution was adopted. 5 RESOLUTION AUTHORIZING EXTENSION OF WETLAND PERMIT APPROVAL FOR PHASE III OF RECKSON EXECUTIVE PARK WHEREAS, on August 8, 2000, the Village of Rye Brook Board of Trustees granted amended site plan and wetland permit approvals to permit the construction of a 280,000 square foot office building together with related parking and infrastructure on the portion of the property referred to as Phase III of the Reckson Executive Park located at 1100 King Street which is designated on the tax assessment map of the Town of Rye as Section I Block 3, Lots 2, 3 and 4 (the "site"); and WHEREAS, the wetlands permit was granted for a period of three (3) years from August 8, 2000 through August 8, 2003 and the amended site plan approval was granted for a period of five (5) years expiring on August 8, 2005; and WHEREAS, Reckson has completed a substantial portion of the work required under the wetlands permit including the construction of the water quality basin and the applicant has advised that the work required under the wetlands permit will not be completed prior to the expiration of the permit in August, 2003, NOW THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees pursuant to Section 245-5 of the Village of Rye Brook Code hereby extends the wetlands permit issued to Reckson Operation Partnership, LLP on August 8, 2000 for an additional two (2) year period to expire on August 8, 2005; and IT IS FURTHER RESOLVED, that the Board of Trustees waives the requirement for a new hearing as the original intent of the permit has not and will not be altered or extended by the granting of said renewal and the applicant has shown good cause for the waiver of the time period for submitting a renewal at least ninety (90) days prior to the expiration date of the original permit. Daniel Tartaglia, Esq. addressed the Board as the Attorney for Reckson Operating Partnership LP, who is currently the owner of Reckson Executive Park. They have owned Reckson Executive Park since late 1997/early 1998. This is not a development that is unfamiliar to the Village. He said that this may be the most scrutinized and studied piece of property in the Village having been the subject of approval process for approximately seven to eight times. He gave a brief history 6 of the site. He noted that recently there was a study of this property for the Stanwich School. This site consists of approximately 31.56 acres, and is located on the westerly side of King Street. It is bounded on the left by SUNY Purchase, on the north by Bellefair, and on the south by Doral Greens. This site is located in an OB-1 Campus Office Building District. The Royal Executive Park originally consisted of a single 79.5 acre site, of which approximately 76 of which are located in New York and 3.5 which are located in Greenwich, Connecticut. There is also a tiny sliver located in Harrison (.5 acres). Phase I was constructed in the 1980's. Phase I consists of approximately 270,000 square feet of office space with three buildings. The original approvals for the construction were from the Town of Rye. Phase II received subdivision and site plan approval in 1983/84, consists of another cluster of three buildings — totaling 270,000 square feet. Phase III, which is the back parcel, was subdivided from Phase II in 1986. Site plan approval was granted for 345,000 square feet of office space in three buildings in March of 1990. In March of 1995 Phase III received an extension of approval until March of 2000. Reckson bought this property in late 1997, early 1998. They looked at the configuration and the market place and came to the Village with a modification because they felt that the office space would be more marketable if it was designed differently. In early 1998 they came in for an amended site plan approval. They received approval for construction of an additional 15,000 square feet. This brought the original approvals from 345,000 square feet to 360,000 square feet. They also changed the plans from three buildings to two. The next change was an amendment approval to go from two buildings to one. They reduced the total floor area from 900,000 to 820,000 square feet for all three Phases. As the 360,000 square feet of Phase III was reduced to 280,000 square feet. A building permit was issued and work began on the wetland portion of the project under a wetlands permit, even though they had not yet found a tenant. During this time the Stanwich School proposal came in. They offered to buy the site if they were able to get approvals. The contract of sale between Reckson and Stanwich was terminated after review by the Village. In a recent meeting with Mr. Carosi it was found that the five year period for a site plan approval was different than the wetland permit issued (three years). The applicant believed that the wetland and site permits were concurrent. Mr. Tartaglia noted that during the Stanwich School application process, some issues came up concerning the site. They came up as a result of some of the survey and site plan work done by the Stanwich School. He addressed several of the issues that came up during that approval process. One of the early approvals contained an offer of dedication of a 100' wide roadway running through the site to the Village. At that time the Village was contemplating a north/south collector road to take some of the traffic off of King Street. The proposed road ran through the property that is now Doral Greens, through Bellefair and eventually ending up onto Lincoln Avenue. This offer of dedication was never accepted by the Village. 7 Now that Doral Arrowwood and Bellefair have been developed, that option no longer exists. This road could run through Reckson Park, but the Village would need to obtain property from Bellefair and Doral Greens, condemning property, to build this roadway. Another issue that came about was the discovery of parking areas that extended from Phase II to Phase III. All three phases have a common ownership, but if Reckson ever sold the back parcel they could create a reciprocal parking easement agreement, rip up that portion of the parking lot, or reconfigure the subdivision line to rectify this situation. The third issue that was the topic of several discussion deals with a jogging trail. This trail starts on King Street and moves westward through Phase II to Phase III. When Phase III is completed the jogging trail will be completed. Wetland and drainage improvements are now being done. The prior owner was also required to pay a recreation fee of$100,000. The jogging trail was the second amenity. Reckson fully intends to complete this trail when Phase III is completed. Mr. Michael, of Divney, Divney, Tung, Schwalbe, addressed the Board. This firm has been involved on four different occasions with this project. As a part of the site plan approval and the wetlands permit, there are two or three fundamental elements relating to storm water quality and wetlands protection. The storm water detention basin will be expanded to increase the amount of storm water management, to reduce flooding downstream and to the Blind Brook, even though the amount of impervious surfaces has been reduced. Since the time of the original approval, storm water regulations have changed in this area and now include storm water quality treatment. A series of storm water basins designed to remove sediment have been included in the most recent site plan amendments. These basins will hold the water for a minimum of 24 hours. There is also a comprehensive erosion control plan included as part of the site plan documents. This plan will regulate how the project is to be constructed. During construction the amount of sediment is far greater than that which occurs after a project is completed. Work on these areas has begun and Reckson has expended in excess of$250,000 in preparing these measures. Mr. Divney noted that all of the work is accordance with the approved site plan. There is remaining activity that falls within the wetlands setbacks and are regulated and covered by the permit that is expiring. In order for the applicant to complete the environmental objective it is necessary for the permit to be renewed. Trustee Santon asked that the Village's newly approved amendments to the Zoning Code be applied to this application. He also noted that the jogging trail is an amenity that was promised to the residents of Rye Brook back in 1983. He felt that this trail should not be linked to the completion of Phase III but rather that it should be constructed, as promised. Mayor Filipowski noted that as Bellefair and 8 Doral Greens has been developed, this proposed roadway would lead to nowhere and would serve no purpose. Trustee Santon noted that the parking area from Phase II encroaches on Phase III and this encroachment should be removed. He also noted that the Village has the right to compel dedication of the 100' wide roadway that was proposed until January 31, 2010 — it is a 25 year commitment. This is an encumbrance, and if the Village chooses, would have to be constructed at each property owner's expense. Mr. Divney noted that the encroachment in the parking area is not from the Phase III parking. The internal lot line is about 10' into the parking lot. It is part of the existing paved area that encroaches over (Phase II on Phase III). Mr. Tartaglia noted that Reckson pays $897,000 per year in total taxes, and are not trying to slight the residents of Rye Brook. The jogging path cannot be completed while there is construction and until Phase III is completed there will be construction. The applicant is committed to complete this trail, but it does not make sense to complete it while the area is being disturbed. In order to complete the work, and install the jogging trail, the Wetland Permit must be extended. There being no further comments or questions, Mayor Filipowski asked Ms. DiSalvo to call the roll: TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING NO MAYOR FILIPOWSKI VOTING AYE 3. CONSIDERING ADOPTING A LOCAL LAW TO AMEND THE VILLAGE ZONE LAW CONCERNING THE INCORPORATION OF HEALTH, SAFETY, AND GENERAL WELFARE PROVISIONS FOR PRE-EXISTING NON-CONFORMING HOME OCCUPATIONS Mr. Bradbury read the resolution. RESOLUTION ADOPTING A LOCAL LAW TO AMEND THE VILLAGE ZONING LAW CONCERNING THE INCORPORATION OF HEALTH,SAFETY AND GENERAL WELFARE PROVISIONS FOR PREEXISTING NONCONFORMING HOME OCCUPATIONS 9 WHEREAS, the Village of Rye Brook desires to further the benefits of home occupations while mitigating against unrestricted use of residentially zoned properties by preexisting nonconforming home occupations; and WHEREAS, a proposed local law was introduced to amend Section 250-38 of the Code of the Village of Rye Brook to incorporate health, safety and general welfare provisions for preexisting nonconforming home occupations; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on April 8, 2003, May 13, 2003, June 10, 2003 and June 24, 2003 at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on June 24, 2003; and WHEREAS, the Board of Trustees of the Village has complied with the provisions of the New York State Environmental Quality Review Act and has determined that adoption of such local law is a "Type II" action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds that it is in the best interests of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Section 250-38 of the Code of the Village of Rye Brook to incorporate health, safety and general welfare provisions for preexisting nonconforming home occupations, which amendment(s) are enacted into law as Local Law# 10-2003; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Trustee Santon began the discussion on this matter. He felt that the scope of the changes made to this Local Law were limited to language changes. He expressed his concern that these amendments did not bring the Village to the point that it wanted to be. The Village is attempting to not over-regulate an individual resident working in their home, and trying to separate the impact of a Tier I from a Tier II and Tier III. He asked that the amendments be reviewed. He noted that he had a concern regarding enforcement and violations and/or penalties to be imposed. Mr. Beane responded to Trustee Santon's concerns. He began by noting that enforcement is an issue that the Village Staff has to deal with separately. There are penalties in place and by making everyone register the Village will now have more control. This law is as good as its going to get. He asked that this law be given a chance. 10 Trustee Santon felt that Tier I must be defined in order to separate it from Tier II and Tier III. Mr. Beane responded that there are registration and notification requirements that will be upheld on an annual basis. If those are not conformed with, or if a resident fails to register, this is a violation of this law. The number of employees and hours can be regulated. Trustee Santon felt that there was a problem with the definition of Resident. He felt that a tenant — a renter — should not be able to come in and rent the property and have a business under a Tier II and Tier III. Mr. Beane responded that the consensus of the Board was that they did not want to be so restrictive as to state that a tenant cannot run a business from the premises that they lease. There being no further comments, Mayor Filipowski asked that Ms. DiSalvo call the roll: TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING NO TRUSTEE ROSENBERG VOTING NO TRUSTEE SANTON VOTING NO MAYOR FILIPOWSKI VOTING AYE The Resolution was not adopted. 4. CONSIDERING THE RENEWAL OF CONTRACT #02-06, STREET TREE PRUNING, REMOVAL AND COMPOSTING SERVICES Mr. Bradbury read the resolution. On a motion made by Trustee Harris and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION RENEWAL OF CONTRACT #02-06 STREET TREE PRUNING, REMOVAL AND COMPOSTING SERVICES WHEREAS, on September 10, 2002, the Board of Trustees awarded Contract 902-06, "Street Tree Pruning, Removal and Composting Services" to Central Tree Service of Rye, NY for a bid price of$39,890 for a period of one year based on the fiscal year of the Village of Rye Brook, June 1, 2002-May 31, 2003; and WHEREAS, the contract executed by the Village of Rye Brook and Central Tree Service on September 24, 2002 states that the contract may be extended at the same unit prices and conditions upon mutual agreement and 11 approval of the Board of Trustees for an additional fiscal year, term ending May 31, 2004; and WHEREAS, Central Tree Service has expressed its desire to renew the "Street Tree Pruning, Removal and Composting Services contract, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby extends Contract 902-06 "Street Tree Pruning, Removal and Composting Services" with Central Tree Service for a period one year to expire on May 31, 2004; 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. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Ken Heller a resident of Lincoln Avenue, and a member of the Tree Committee, addressed the Board. He questioned what would happen if additional services were required. Mr. Bradbury noted that the prices in the contract are locked in during the contract time. The contract has rates for additional services. Trustee Santon questioned what was spent in 2002-2003. Mr. Bradbury noted that this matter had been discussed at previous Board of Trustee meetings. This new contract allows the Village to lock in favorable prices for tree removal. If there is emergency work during a storm, then Central Tree will provide their services. If an emergency occurs then it must be taken care of. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 12 4. AUTHORIZING WASHINGTON ENGINE & HOSE COMPANY #4 TO USE VILLAGE STREETS FOR THEIR 100TH ANNIVERSARY Mr. Bradbury read the resolution. On a motion made by trustee Rosenberg, and seconded by Trustee Santon, the following resolution was adopted: RESOLUTION AUTHORIZING WASHINGTON ENGINE & HOSE COMPANY#4 OF THE PORT CHESTER FIRE DEPARTMENT TO USE VILLAGE STREETS FOR THEIR 1001h ANNIVERSARY PARADE WHEREAS, the Washington Engine & Hose Co. 94, Inc. of the Port Chester Fire Department is celebrating its 100th year of service to the communities of Rye Brook and Port Chester and wishes to hold a parade on Saturday, September 20, 2003 at 1:00PM to commemorate the 100th Anniversary; and WHEREAS,Washington Engine & Hose Co. 44 has asked for permission to use sections of Westchester Avenue and Hawthorne Avenue as part of the assembly area and line up for the parade, NOW, THEREFORE, BE IT RESOLVED, that the Washington Engine & Hose Co. 94 is authorized to use the Village of Rye Brook streets for their 100th Anniversary Parade on Saturday, September 20, 2003 from 1:00 p.m. to 3:00 p.m. as requested in the letter from the Mellor/Washington Parade Committee; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 13 5. AUTHORIZING ENTRY INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ACCESS TO A TELECOMMUNICATIONS NETWORK Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Rosenberg the following resolution was adopted: RESOLUTION AUTHORIZING ENTRY INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ACCESS TO A TELECOMMUNICATIONS NETWORK WHEREAS, on March 2, 2000, the County of Westchester entered into an Agreement with Cablevision Light Path, Inc. ("Cablevision") for the provision of full voice, video and data transmission services along a high-speed telecommunications network and under said Agreement, Cablevision will permit other municipalities in Westchester County to avail themselves of these services under the same terms and conditions; and WHEREAS, the Village will receive voice, video and data transmission services from Cablevision pursuant to the terms of the Cablevision Agreement with the County and the Village shall pay Cablevision directly for any services it may receive; and WHEREAS, the Village finds it is in the interest of the Village to enter into such Agreement and be provided with a new state-of-the-art, secure, cost- effective and reliable telecommunications network, NOW THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby authorizes entering into an Inter-municipal Agreement with the County of Westchester for access to telecommunications services; and IT IS FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 14 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1) UPDATE ON PROPOSED BALL FIELD ON KING STREET Mayor Filipowski discussed this matter. He noted that there will be a meeting with the Thomas Group to ascertain that there will be no change in what the Village would need to access on to the school district property. Once the Village has that information then the Board will know whether or not the project is feasible. A previous meeting held on July 7, 2003 was adjourned and no new date has been scheduled. More information will come in from the other involved groups. Mayor Filipowski noted that Trustee Santon had also placed an item on the agenda regarding the Ball Fields. He called upon Trustee Santon for his presentation. 4) DISCUSSION: KING STREET ATHLETIC FIELD PROJECT Trustee Santon noted that his concern was that a year has now past since this project was initiated in June 2002. He felt that the Village should construct a field on the former King Street composite site itself. Mayor Filipowski noted that it would be fiscally irresponsible for the Board not to try and not obtain funding through grants. Through the many meetings with the School District, the Arbors, and Tennessee Gas, it was found that there was consensus. In addition, the School District would love to have an additional soccer field. It is time to move forward and see if a turf field can be constructed, using funding from the County. If the Legacy Grant is not received, then the Board, who is the Lead Agency, will review this matter again. Trustee Santon felt there were private meetings held on this subject that he was not privy too. Mayor Filipowski corrected Trustee Santon's statement, noting that no private meetings have been held. He noted that there is a difference between a public meeting and a non-public meeting. Referring to meetings held as private meetings insinuates that something is being done that should not, and this is not the case here. Everyone is working together to do what is best for the Village. Everyone agrees that additional fields will benefit the children. 15 2) DISCUSSION ON FORMING A COMMITTEE TO EVALUATE COTERMINOUS TOWN/VILLAGE Mayor Filipowski noted that Mr. Beane has obtained the privileged and confidential memorandum from the prior Legal Committee. Over the course of ten years the laws have changed. He felt that it would be prudent to put on the agenda for the next Board meeting to establish a committee to evaluate the possibility of becoming a Coterminous Town/Village. There are hundreds of thousands of dollars of potential benefits to a Town/Village. Now the question is `will the cost incurred outweigh the benefits?' He suggested this matter be put on the agenda for the July 22, 2003 for a committee of five to be formed. Mayor Filipowski asked for the consensus of the Board. Trustee Harris stated that he was in favor of forming this committee, but would need to review the matter further before deciding whether or not he was in favor of becoming a Coterminous Town/Village. Trustee Santon expressed his concerns. He questioned what the costs would be and whether or not the benefits including anything other than a greater share of the mortgage withholding tax revenue. He wanted to be sure that the Board understood the potential costs to set up a Town/Village. He also expressed a concern of what would happen to Crawford Park that is deeded to the Town of Rye. Trustee Rosenberg stated that he was in favor of forming the committee, but stressed that a good hard look needs to be taken. Trustee Goodman noted that the procedure is complicated. Although she was in favor of forming the committee, she felt that a consultant who has worked with other Villages on this type of project should be hired. Mayor Filipowski noted that the evaluation of costs at budget time brought this notion forward. Port Chester is moving in a new direction, and they may become involved in this process. There needs to be a dollars and cents evaluation. With the consensus of the Board, this matter was placed on the agenda for the next Board of Trustee meeting. 3) DISCUSSION ON AMENDING HOUSE NUMBERING LOCAL LAW Mayor Filipowski noted that the Village's Staff, Emergency Services, and Consultants have discussed this matter and have noted that there is a safety issue that must be addressed. Mr. Bradbury noted that as a result of these discussions, it has been proposed that the current house numbering law numbering must be 16 amended. The Police Chief has the final authority for re-numbering any houses. Mr. Bradbury noted that the Board can discuss the appeal process. This matter will be placed on the next agenda for the Board of Trustee meeting. A public hearing will be set, then a public hearing will be held. This is a multi-step process. This matter will be noticed, as well as being placed on the Village's website. Dr. Howard Oaks, the resident of one of the two 97's on Milestone Road within Bellefair, addressed the Board. He stated that he was in favor of the law. The Village has a responsibility to its residents and the emergency services should be able to find homes in case of an emergency. Mr. Lohrfink of 7 Reunion Road addressed the Board. He noted that his residence is the one that is most in the limelight. This matter came to light several years ago. A decision was made, and then the Zoning Board of Appeals threw out that decision. The majority of the residents affected by this problem do not want to change their house number. He asked that this matter be addressed once and for all. Mayor Filipowski stated that there is a problem on Milestone Road. This is a very, very difficult decision, and it needs to be addressed. Trustee Goodman reiterated that this matter deals with the safety of the Village's residents. This issue has not been raised by one resident, but has been the subject of concern since the onset. She reminded the Board and members of the public that the costs of a renumbering will be absorbed by Spectrum. 5) DISCUSSION: PROPOSED LAND USE LEGISLATION TO BE ADDRESSED BY FREDERICK P. CLARK Trustee Santon stated that he was in favor for extending the Moratorium law, he was concerned about the three postponed until October. In light of the late hour, he asked that this matter be addressed at the next Board of Trustee meeting. Mayor Filipowski noted that the next Board of Trustee meetings were scheduled for July 22, 2003 and August 12, 2003. Mr. Ken Heller requested that his application for a lot merger be addressed. He asked that the Board of Trustees grant him a waiver under the Moratorium. It was noted that the application has been in the Building Department for over two months. It was the 17 consensus of the Board that this matter be addressed at the next Board of Trustee meeting. Trustee Harris asked that the matter of the sale of Village property (Magnolia Drive) also be addressed at the next Board of Trustee meeting. After a discussion of this matter, Mayor Filipowski polled the Board, and the decision was to place this matter on a future agenda. Mayor Filipowski called for a motion on an Executive Session on personnel. On a motion made by Trustee Goodman, and seconded by Trustee Harris, an Executive Session was scheduled for immediately following the Board meeting. There being no further business before the Board, the meeting was adjourned at 11:10 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk 18