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HomeMy WebLinkAbout2003-09-23 - Board of Trustees Meeting Minutes REGULAR/SPECIAL AGENDA MEETING Village of Rye Brook BOARD OF TRUSTEES MEETING Village Hall, 938 King Street Tuesday, September 23, 2003 @ 7:30 p.m. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE RESOLUTIONS 1. Update on the soccer and baseball/softball project and authorizing the preparation of a Westchester County Legacy Grant application and other documents to be considered by the Board of Trustees for a soccer and baseball/softball field to be located at Harkness Park 2. Setting a Public Hearing date to consider a Lot Merger application at 22 Lincoln Avenue 3. Endorsing a NYS grant application to apply for the mapping of existing outfall locations and stormwater field training for outfalls and construction sites 4. Endorsing a grant application for state assistance payments for SYF 2003/04 for improvements to the east branch Blind Brook stormwater control and stream improvements 5. Referral to the Planning Board of a local law to amend Chapter 130, Flood Damage Prevention, of the Code of the Village of Rye Brook 6. Authorizing Planning Consultant to proceed with additional scope of work regarding subdivisions, recreation zones, and conservation easements 7. Authorizing use of Village streets for the Kids Who Care Bike-A-Thon 8. Rejecting bids for contract No. 03-08 bathrooms/storage building at Garibaldi Park and Pine Ridge Park OLD BUSINESS 1. Discussion regarding modifications to Chapter 235, Trees, of the Code of the Village of Rye Brook Board of Trustees September 23,2003 Page 1 of 19 2. Discussion regarding proposed revisions of the Home Occupation local law 3. Discussion of F.P. Clark proposal to review site conditions of Village property on Lincoln Avenue NEW BUSINESS 1. Report on NYS Comptrollers Office audit of parking violations procedures and availability of report in Village Clerk's office Action on Non-Agenda Matters Subiect to the Consent of the Trustees Present at the Meeting Next Trustee Meetings: October 14, 2003 and October 28, 2003 Attendance BOARD Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon STAFF Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Robert Bertolacci, Parks & Recreation Superintendent Victor Carosi, Village Engineer Robert Santoro, Police Chief Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Filipowski began the meeting by noting that on September 4, 2003 the Village received a generous donation of a motorcycle for use by the Village's Police Department from the Kawasaki Corporation worth approximately $17,000. Originally they had intended to make this donation to Yonkers, but Rye Brook was fortunate to have a representative in the right place at the right time, and received the donation. Mayor Filipowski called for the first item on the agenda: Board of Trustees September 23,2003 Page 2 of 19 1. UPDATE ON THE SOCCER AND BASEBALL/SOFTBALL PROJECT AND AUTHORIZING THE PREPARATION OF A WESTCHESTER COUNTY LEGACY GRANT APPLICATION AND OTHER DOCUMENTS TO BE CONSIDERED BY THE BOARD OF TRUSTEES FOR A SOCCER AND BASEBALL/SOFTBALL FIELD TO BE LOCATED AT HARKNESS PARK Ms. Connie Di Salvo read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION UPDATE ON THE SOCCER AND BASEBALL/SOFTBALL FIELD PROJECT AND AUTHORIZING THE PREPARATION OF A WESTCHESTER COUNTY LEGACY GRANT APPLICATION AND OTHER DOCUMENTS TO BE CONSIDERED BY THE BOARD OF TRUSTEES FOR A SOCCER AND A BASEBALL/SOFTBALL FIELD TO BE LOCATED AT HARKNESS PARK WHEREAS, The Advisory Council on Parks and Recreation has considered several different project layouts of a soccer field and/or softball/little league field at the former compost site and Harkness Park site on King Street; and WHEREAS, at its meeting on September 11, 2003, the Advisory Council on Parks and Recreation unanimously approved several resolutions recommending that the Village Board consider relocating the tennis courts from Harkness Park to the former compost site at King Street allowing for 6-8 tennis courts with parking in place of four (4) tennis courts, constructing a new full-size soccer field at Harkness Park, a 360' x 210' soccer field constructed with artificial turf, and that the Village seek the Blind Brook School District's interest and support for necessary parking, and to construct a football field and/or softball/little league field on both Harkness Park and school district property; and WHEREAS, the Advisory Council on Parks and Recreation has recommended that the best design for these fields is as proposed in the layout called `Harkness Park-Schematic 2', prepared by the Thomas Group; and WHEREAS, since these recommendations will exceed the $800,000 in Village funds budgeted for this project, the Advisory Council on Parks and Recreation recommends that the Village apply for a Westchester County Legacy Grant to pay for a substantial amount of the total cost of this project; and WHEREAS, if the Legacy grant is not received, the Village Board acknowledges that this project may have to be scaled back to be within the budget allocated for this project, Board of Trustees September 23,2003 Page 3 of 19 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby supports the recommendations of the Parks and Recreation Advisory Council; and BE IT FURTHER RESOLVED, that the Village Board authorizes the Mayor, Village staff and members of the Advisory Council on Parks and Recreation to work with the members of the School Board to seek their comments and approval for this project, prepare a Legacy Grant application for Village Board consideration, establish a project budget with the Thomas Group, and prepare the necessary financing and SEQRA documents for this recommended project and grant submission. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING NAY TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI VOTING AYE Jon Horwitz, Chairman of the Recreation Advisory Council, addressed the Board. He noted that his Committee had spent several months working on the proposal for a soccer field. There were many discussions, meetings and open forums with several groups including Westchester County, the School Board, Village staff, the Arbors, Tennessee Gas, the residents of Hillandale, the Mayor, and the Village Board. Mr. Bradbury has been responsive and this has been an open and very collaborative process. Mr. Horwitz noted that after completion of their review, the Recreation Council Committee felt that the King Street compost site was the best location. Unfortunately, as no agreement could be reached between all the parties involved, the Recreation Council moved on to a review of the next best site, which is Harkness Park. This location is also very close to the school, and the park offers enough space for a full sized soccer field, which would meet the requirement of the regulations for 6, 7 and 8 grades, which require a larger field. He also noted that the Village's travel soccer program has no place to play their home games. This past spring the Crawford Park fields were unplayable. Mr. Horwitz noted that the Village and school district has seen an increase in the school population, and with that increase comes the need for additional, useable playing fields. Mr. Horwitz stated that if Harkness Park is used, trees will have to be cut down. Although the Recreation Council is against the removal of trees, it should be noted that the Village intends to limit tree removal as much as possible. To balance the removal of trees, additional landscaping would be added. Another issue would be the construction of six to eight tennis courts at the King Street compost site, to be completed before the four courts at Harkness Park are Board of Trustees September 23,2003 Page 4 of 19 demolished. The proposed soccer field could also be prepared for football. This proposed new field meets the Westchester County Legacy Program criteria, and is a perfect fit for the Grant Program. The program has a total of$62 million dollars available for funding. Ten proposals have been submitted and accepted, however, none of the fields have been completed. There is $38 million remaining in the fund. Mr. Horwitz noted that there are several issues that need to be worked out. One is moving the tennis courts, and another is the shared use of the field and tennis courts. The Village Board and School Board would have to negotiate how this sharing would be accomplished. In addition, if the grant is received, there is the issue of use of the fields by Westchester County residents. This means that the fields would have to be opened partially to other municipalities within the county. However, the use by the Travel Soccer Program qualifies as use by other municipalities, as would the Blind Brook High School team games. Rye Brook can set the hours of operation for the field, as well as what sports would be played on the field. In addition, Rye Brook could charge a fee for use for this field and include a requirement that a Rye Brook attendant be on the field during use. Parking is proposed for the school parking lot, and a meeting has been scheduled with the School Board to discuss this matter. Mr. Becker, a member of the Recreation Council, noted that the tennis courts require parking spaces and these spaces would be constructed near King Street. These facilities would be monitored by the Rye Brook Police Department and maintenance would be handled through the Village's Recreation Department, as are all other parks within the Village. The Recreation Counsel has recommended portable bleachers and a scoreboard be installed. Bathroom facilities have also been recommended, along with a small storage structure. Also recommended are permanent lights that would be installed on the field. There should be an evening time curfew to be worked out with the School Board and Village Board. No permanent public address system has been proposed for this field. Mr. Becker noted that an environmental study would be completed during the SEQRA process. He also noted that the signage would be similar to all other parks within the Village, with the only difference being the addition of the words "Westchester County." Fencing would be constructed and installed as needed. It was noted that the Tennessee Gas pipeline is not an issue on this property, and that the fields and courts will be properly engineered. A retaining wall would be constructed along Arbors Drive. This retaining wall would be as high as 14' in the northwest corner of the field. Mr. Becker reiterated the fact that the Recreation Committee regrets that mature trees will need to be cut down, but this park is needed for the youth of the Village. Mr. Becker discussed scheduling, and noted that there were two schedules proposed for field use. The first was Monday through Friday use, and the second was Saturdays and Sundays. The first priority for weekday use would be Rye Board of Trustees September 23,2003 Page 5 of 19 Brook Recreation, then the Blind Brook Schools, the third in line for use would be other Rye Brook entities, and the last would be entities outside of Rye Brook. The priority would be a little different for weekends as school is not in session. Rye Brook Recreation would be in charge of keeping the master schedule for the courts and the fields. There would never be events scheduled during major events at the School. If the school has a need for the parking lot, then no recreation activity would be scheduled during that time period. There would be a 30 day prior notice requirement for all major events provided to the Recreation Department in order to ensure that there are no conflicts. Edward Beane, Village Counsel, noted that each portion of the project—the tennis courts, the compost site, and the fields—should be taken separately. Trustee Robert Harris noted that he had been involved in the project since the start. He expressed his opinion, that the compost site was the best location for a full sized field. He stated that the research that has been done was well worth the efforts put forth, and he thanked everyone involved for the hard work and effort that they put into this project. He stated that it was now time to move forward. Looking at Harkness Park means that the tennis courts would be moved first. The installation of these tennis courts will give the Village the opportunity to address the water problems in this area. Trustee Harris felt that it was time to move forward with Plan B, beginning with applying for the Legacy Grant. Rye Brook could not afford to construct this project without the funds from this Grant. Mayor Filipowski thanked the Recreation Council members for all the time and effort that they have put into this project. The Village's Youth deserves this field. He called for further comments and questions from the Board, or members of the public. Trustee Dean Santon briefly discussed the compost site, which is 2.62 acres of land owned the Village. It was noted that there have been several proposed uses for this property. Trustee Santon felt that there would be an impact from the removal of the trees on Harkness Park. He pointed out that there were 45 trees either in the footprint or very close to the boundary of the proposed field. The average diameter of these trees is 28" — these are large trees. He stated that it would be a shame to remove these trees. He pointed out that the grade of the property slopes downward towards Arbor Drive. He questioned how soccer balls would be stopped from going into Arbor Drive, noting that everyone understands that the retaining wall is required because of the elevation changes. Trustee Santon reiterated Trustee Harris' comments regarding drainage issues in this area. He stated that as the Village moves forward they must embrace SEQRA and involve all of the members of the community. He also noted that he had reservations about using this area when it has been used as a landscape buffer. Rye Brook is a Tree City USA member and yet it is considering removing 40 to 45 trees at Harkness Park. Board of Trustees September 23,2003 Page 6 of 19 Trustee Paul Rosenberg questioned what could be done to construct the full size soccer field on the compost site. He stated that he too was not in favor of cutting own 40 to 45 full size trees. Daniel Tartaglia, Esq., representative for the Arbors Homeowners, addressed the Board. He thanked the Recreation Council for all of their hard work. He asked that the Port Chester School District 94 be considered when putting together the priority of use for the proposed field. Mayor Filipowski stated that the Port Chester School District is included in the proposed use. Mr. Tartaglia noted that in March a proposed Scope for SEQRA was submitted, but that no response has been made received to date. He pointed out that the County will require a SEQRA determination in connection with the Legacy Grant Application. Tina Blank of the Arbors addressed the Board. She noted that the plan for Harkness Park presented a concern for the Arbors residents. The loss of the buffer zone would affect the character of the Arbors and the loss of the beautiful entrance would diminish the property value for all of the residents of the Arbors. She noted that there were also concerns of increased traffic along King Street, and significant environmental impacts to be considered. The Arbors Board has taken much personal time to research the proposed project. There are other areas of concern, such as the proposed fencing, lighting for evening use, access to the tennis courts by the students of Blind Brook, and the proposed land swap. She felt that now that the Village was considering using Harkness Park that the concerns of the residents of the Arbors were being ignored. It was her opinion that a smaller field should be constructed at the compost site. Trustee Santon asked for a point of clarification regarding SEQRA. Mayor Filipowski noted that there was a SEQRA document in place for the compost site. A new SEQRA document would need to be put in place for Harkness Park. Mayor Filipowski also noted that the issues of fencing, curfews, etc. would be discussed as this process moves forward, beginning with a presentation scheduled for the School Board the following week. He noted that the cooperation of the school district is required for parking. He also stated that it is imperative to find out if the School District will agree to soccer, soccer and football, or soccer, football and softball. Trustee Carol Goodman noted that the resolution before the Board at this meeting starts the process that would give the youth of Rye Brook a field that they deserve. The Legacy Grant must be taken advantage of, and she pointed out that the drafting of a grant takes a long time. It would be a shame to lose this money, and with it a wonderful opportunity for the youth of Rye Brook. She felt that the screening and curfew issues could be worked out. Concessions must be made. The resolution before the Board authorizes the next step, which is the preparation Board of Trustees September 23,2003 Page 7 of 19 of the grant application. Some decisions need to be made so that the Village does not lose this money. Mr. Becker stated that there is a need for additional soccer fields. Although the old compost site is a better site because the softball/baseball field does not overlap the soccer field, this need for new fields is becoming more apparent. If the compost site was used, a baseball game and a soccer game could be held at the same time. In addition, there was also a design for a walking path around the field. Another point that makes this site the preferred site is that not many trees would be lost. Mayor Filipowski noted on the record that a presentation was scheduled for the following Monday evening at 7:30 p.m. for the School Board. Trustee Rosenberg felt that this matter should be adjourned to the next Trustee meeting. Mayor Filipowski replied that meetings could continue but no time would be lost if the resolution was adopted. He noted that adjourning the matter would lose three weeks. Trustee Harris agreed with the Mayor. Adjourning this matter meant that no presentation could be made to the School Board. Trustee Rosenberg made a motion to table this matter to the next meeting. The motion was seconded by Trustee Santon. Mayor Filipowski called for a vote. TRUSTEE GOODMAN NAY TRUSTEE HARRIS NAY TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI NAY The discussion on this matter continued. Mayor Filipowski turned to Trustee Harris for his comments. Trustee Harris reiterated that hundreds of meetings have been held. There have been conversations, phone calls, meetings, and discussions, all on this topic. There is a need for a second soccer field, and there should not be any further delays. He felt that the grant application should be submitted in order to realize the funds necessary for this project. Trustee Santon stated that there were discussions regarding a football field, however, he questioned the need for a football field when the Village's Recreation Department does not have a football program. Mayor Filipowski noted that everything will be sorted out as things move forward. The next step in giving the youth of Rye Brook the field that they deserve by applying for the grant. Board of Trustees September 23,2003 Page 8 of 19 Mayor Filipowski called for the next item on the agenda: 2. SETTING A PUBLIC HEARING DATE TO CONSIDER A LOT MERGER APPLICATION AT 22 LINCOLN AVENUE Ms. Di Salvo read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON THE LOT MERGER APPLICATION OF KENNETH HELLER, 22 LINCOLN AVENUE WHEREAS, Kenneth Heller is the owner of the premises located at 22 Lincoln Avenue and has made an application to the Village of Rye Brook pursuant to Section 250-6 (A) (2) of the Village Code requesting a lot merger at the subject properties located at Section 1, Block 12, Lots 1B-2B-1B, 1B-2B-2 and 1B-2B-2S located in the R-12 Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on October 14, 2003 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook,New York to consider this application for a lot merger. TRUSTEE GOODMAN AYE TRUSTEE HARRIS AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE There were no comments from the Board or members of the public on this matter. Mayor Filipowski called for the next item on the agenda: 3. ENDORSING A NYS GRANT APPLICATION TO APPLY FOR THE MAPPING OF EXISTING OUTFALL LOCATIONS AND STORMWATER FIELD TRAINING FOR OUTFALLS AND CONSTRUCTION SITES Ms. DiSalvo read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. Board of Trustees September 23,2003 Page 9 of 19 RESOLUTION ENDORSING A NYS GRANT APPLICATION TO APPLY FOR THE MAPPING OF EXISTING OUTFALL LOCATIONS AND STORMWATER FIELD TRAINING FOR OUTFALLS AND CONSTRUCTION SITES WHEREAS, the Village of Sleepy Hollow, with the assistance of Dolph Rotfeld Engineering, is preparing a NYS grant application on behalf of eight to twelve municipalities to assist in stormwater management and compliance with EPA Stormwater Phase II requirements; and WHEREAS, this grant would locate and map existing outfalls in the geographic jurisdictions contributing pollutants to affected water bodies, train municipal staff in the sampling of discharge from the outfalls, and train municipal staff in the proper inspection methods for reduction and elimination of polluted runoff and stormwater management from constructions sites; and WHEREAS, outfall mapping and proper inspection of construction sites are both requirements identified in the Village's Notice of Intent (NOI) to comply with the EPA Stormwater Phase II requirements; and WHEREAS, the environmental benefit of these activities would be a detection and reduction of polluted runoff from illicit discharges to the municipal stormwater system and a reduction of pollutants to the affected water bodies and improved water quality; and WHEREAS, the total cost identified for this project is $200,000, with $100,000 requested from NYS funds, and $100,000 from local matching funds that includes $75,000 of in-kind costs and the balance of $25,000 to be distributed equally among the participating municipalities. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees fully supports the submission of a grant application by the Village of Sleepy Hollow, on behalf of the participating municipalities, for EPF assistance for Stormwater Phase II implementation, provided that at least eight (8)municipalities participate in this grant program; and BE IT FURTHER RESOLVED, that the Village of Rye Brook shall forward a signed letter of intent to the Village of Sleepy Hollow, on behalf of the involved municipalities, to participate in this grant application. Mayor Filipowski questioned a term within the resolution. Mr. Beane noted that this was an acceptable term. Board of Trustees September 23,2003 Page 10 of 19 TRUSTEE GOODMAN AYE TRUSTEE HARRIS AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE The next item was called before the Board: 4. ENDORSING A GRANT APPLICATION FOR STATE ASSISTANCE PAYMENTS FOR SFY 2003/04 FOR IMPROVEMENTS TO THE EAST BRANCH BLIND BROOK STORMWATER CONTROL AND STREAM IMPROVEMENTS Ms. Di Salvo read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION ENDORSING A GRANT APPLICATION FOR STATE ASSISTANCE PAYMENTS FOR SFY 2003/04 FOR IMPROVEMENTS TO THE EAST BRANCH BLIND BROOK STORMWATER CONTROL AND STREAM IMPROVEMENTS WHEREAS, the Village of Rye Brook has received from our consulting Engineer, Dolph Rotfeld Engineering, P.C. a report titled `Stormwater Analysis East Branch Blind Brook" dated November 7, 2002 that provides an examination of the drainage in the East Branch Blind Brook watershed; and WHEREAS, the Village has identified stormwater improvement projects recommended in this report for consideration on our six-year capital improvement plan for fiscal years 2003/04 through 2008/09; and WHEREAS, the Village seeks funding sources to help offset costs to be incurred to implement the proposed stormwater improvement projects; and WHEREAS, New York State Assistance payments for water quality improvement projects are currently being accepted for consideration through various available funding sources, including the Environmental Protection Fund (EPF) and State-EPA Performance Partnership Grants (PPF); and WHEREAS, the total project cost to implement all the proposed stormwater improvements is estimated at $800,000 with a total cost of$400,000 Board of Trustees September 23,2003 Page 11 of 19 requested by the New York State assistance payments and $400,000 would be from the local matching funds and in-kind service, NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees endorses the submission of a grant application for NYS EPF/PPG assistance payments; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate for the Village to accomplish the purposes of this resolution. TRUSTEE GOODMAN AYE TRUSTEE HARRIS AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 5. REFERRAL TO PLANNING BOARD OF A LOCAL LAW TO AMEND CHAPTER 130, FLOOD DAMAGE PREVENTION OF THE CODE OF THE VILLAGE OF RYE BROOK Ms. Di Salvo read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION REFERRAL TO THE PLANNING BOARD AND ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION OF A LOCAL LAW TO AMEND CHAPTER 130, FLOOD DAMAGE PREVENTION, OF THE CODE OF THE VILLAGE OF RYE BROOK WHEREAS, the Board of Trustees is considering a local law to amend Chapter 130, Flood Damage Prevention, of the Code of the Village of Rye Brook; and WHEREAS, the proposed text amendments are attached to this resolution with text to be deleted shown in strikeout and text to be added shown in underline. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the proposed text amendments, as attached hereto, to the Planning Board and the Advisory Council on Environmental Conservation for review and comment. Board of Trustees September 23,2003 Page 12 of 19 TRUSTEE GOODMAN AYE TRUSTEE HARRIS AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 6. AUTHORIZING PLANNING CONSULTANT TO PROCEED WITH ADDITIONAL SCOPE OF WORK REGARDING SUBDIVISIONS, RECREATION ZONES,AND CONSERVATION EASEMENTS Ms. DiSalvo read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION AUTHORIZING THE PLANNING CONSULTANT TO PROCEED WITH ADDITIONAL SCOPE OF WORK REGARDING SUBDIVISIONS, RECREATION ZONES,AND CONSERVATION EASEMENTS WHEREAS, a land use moratorium expired on September 9, 2003, resulting in several amendments to the Village Code regarding notification procedures, steep slopes, erosion and sediment control, impervious surfaces, bulk regulations, and other miscellaneous zoning code amendments; and WHEREAS, the Village is currently considering proposed legislation regarding wetlands and watercourse preservation, stormwater protection and flood damage protection; and WHEREAS, the Village Board has requested that the planning consultant provide an additional scope of work for study and possible implementation of amendments regulating the subdivision of existing large lots, designating recreation zones, and allowing the use of conservation easements; and WHEREAS, the Village's planning consultant, Frederick P. Clark Associates, Inc., has submitted a proposal dated June 20, 2003 to provide an overview and preliminary scope of work regarding subdivisions of large land, recreation zones, and conservation easements beginning in October 2003 at an estimated cost of$16,000. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby authorizes Frederick P. Clarke Associates, Inc. to proceed with the scope of work outlined in their proposal to the Village Board dated June 20, 2003. Board of Trustees September 23,2003 Page 13 of 19 Mayor Filipowski noted that in terms of the estimated budget for these three items, it is extremely important to get the subdivision of lots along with the conversation easements accomplished earlier. They will not take as much time as the recreation zone. He suggested changing the resolution to allow the consultants to work on the two issues to be completed by the end of the year. Ms. Marilyn Timpone-Mohamed, Village Consultant, noted that the conservation easements and large lots need to be reviewed very carefully. The recreation easement could be reviewed after that, sequentially. Trustee Goodman expressed her opinion that the resolution should be left as read. Trustee Santon felt that the recreation zone should be pursued. The roll was called on the resolution as read. TRUSTEE GOODMAN AYE TRUSTEE HARRIS AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 7. AUTHORIZING THE USE OF VILLAGE STREETS FOR THE KIDS WHO CARE BIKE-A-THON Ms. DiSalvo read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the 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, October 11, 2003, from 2:00 p.m. to 4:00 p.m., with a rain date of Sunday, October 12, 2003 from 3:00 p.m. to 5:00 p.m., for the fifth (5t') 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 September 23,2003 Page 14 of 19 Mayor Filipowski noted that everyone was invited to this event. He also noted that if the event was postponed because of rain, there would be sufficient police coverage on the rain date. TRUSTEE GOODMAN AYE TRUSTEE HARRIS AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE 8. REJECTING BIDS FOR CONTRACT NO. 03-08, BATHROOMS/ STORAGE BUILDING AT GARIBALDI PARK AND PINE RIDGE PARK Ms. DiSalvo read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION REJECTING BIDS FOR CONTRACT NO. 03-08 BATHROOMS/STORAGE BUILDING AT GARIBALDI PARK AND PINE RIDGE PARK WHEREAS, the Village of Rye Brook has solicited bids for Contract No. 03-08 `Bathrooms/Storage Building at Garibaldi Park and Pine Ridge Park"; and WHEREAS, a public notice was duly advertised in the Journal News, the official newspaper of the Village of Rye Brook; and WHEREAS, three bids were received by the due date of September 4, 2003, at 10:00 a.m., at which time all bids received were opened as summarized below: BIDDER BID AMOUNT BID BOND L. Simon Corporation $399,000 Yes FCI Construction Inc. $232,607 Yes TDT, Inc. $179,995 Yes WHEREAS, the Recreation and Parks Superintendent and Village Administrator rejected the bids of L. Simon Corporation, FCI Fourmen Construction, Inc. and TDT, Inc. because the bids were far in excess of the costs deemed reasonable for the services requested; Board of Trustees September 23,2003 Page 15 of 19 NOW, THEREFORE, BE IT RESOLVED, that all bids for Contract No. 03-08 `Bathroom/Storage Building at Garibaldi Park and Pine Ridge Park" are hereby rejected; and BE IT FURTHER RESOLVED, that the Village Administrator/Clerk is hereby authorized to revise the bid specifications so that the project design and scope is within the total project budget of $80,000, including $15,000 in Community Development Block Grant (CDBG) funds; and BE IT FURTHER RESOLVED, that the Village Administrator/Clerk is hereby authorized to re-bid the contract for a Bathroom/Storage Building at Garibaldi Park and Pine Ridge Park." Trustee Harris felt that the Village should use their connections when putting out matters for bid. Mayor Filipowski reminded him that there was a bidding process that the Village had to follow. Robert Bertolacci, Parks & Recreation Superintendent, noted that the bids that were received were not low enough. Some other contractors have been contacted and informed that this job will be put out to bid again. In addition, the Village is now considering prefabricated units. It was noted that Pine Ridge currently has a portable facility, and a similar one could be installed at Garibaldi. Trustee Goodman felt that the portable facilities were lacking in many ways, and that the Village could do better. Trustee Santon felt that a temporary portable facility would be better than having nothing at all. TRUSTEE GOODMAN AYE TRUSTEE HARRIS AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FILIPOWSKI AYE OLD BUSINESS 1. DISCUSSION REGARDING MODIFICATIONS TO CHAPTER 235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK Mayor Filipowski noted that requests to make this a stronger ordinance have been forwarded to the Board. In addition, the truly endangered species need to be preserved. He also noted that the Village's Tree Committee was reviewing this matter. Board of Trustees September 23,2003 Page 16 of 19 Trustee Santon noted that the list of protected trees must be reviewed, as there are currently trees on the list that should be removed, and others that should be added. He noted that species alone should not in and by itself protect a tree. Trustee Goodman responded that the Tree Committee has reviewed the list of protected trees as a result of the joint meeting between the Tree Committee and the Board of Trustees. Mr. Ken Heller, a member of the Tree Committee, addressed the Board. He noted that the purpose of these modifications is not to deny a resident the ability to remove a tree on their property, but rather to protect the Village from residents who arbitrarily remove trees. The Village has experienced many instances of clear cutting of an entire property. The current list of protected species can be changed, however, it should be done carefully. He noted that Rye Brook is full of White Pines, but if they allow everyone to cut them down the Village could be left with none. Diversity is what the Village is after, as well as protecting the character of our neighborhoods. The chain saws are going all the time removing trees. Mr. Heller also noted that removing trees adds to the flooding problems within the Village. Mayor Filipowski asked if this matter should be placed on the agenda for October 14 '. The consensus of the Board was that it should be placed on the agenda. Mayor Filipowski called for the next item: 2. DISCUSSION REGARDING PROPOSED REVISIONS OF THE HOME OCCUPATION LOCAL LAW Mr. Beane noted that several Board members indicated that they would like to submit comments on this matter. He suggested that all comments be submitted directly to his attention. This matter would be the subject of an upcoming joint meeting. 3. DISCUSSION OF F.P. CLARK'S PROPOSAL TO REVIEW SITE CONDITIONS OF VILLAGE PROPERTY ON LINCOLN AVENUE Ms. Timpone-Mohamed stated that the proposal includes reviewing specific items that are listed, which include noise, consequences of removing the buffer, and what the trees provide toward the buffering of the noise. There will be an inventory of what is on the land, and the positives and the negatives will be listed. She noted that an area of concern raised by Board members, and Rye Brook residents surrounds removing the trees that now buffer the noise from the airport. A memorandum dated September 18, 2003 has been submitted to the Mayor and Board of Trustees for their review. This memo provides an overview and discussion of a proposed existing conditions study and property analysis report regarding the 29.08 acres of land, situated along the south side of Lincoln Board of Trustees September 23,2003 Page 17 of 19 Avenue, west of King Street. This property is Village owned. The matter has been referred to the Advisory Council on Environmental Conservation, the Advisory Council on Parks and Recreation, and the Facilities Committee. Trustee Goodman noted that there are 500 residents who reside in the area and they would be directly impacted by the removal of the trees, which serve as a buffer. Trustee Rosenberg stated that he walked the property. He agreed with Trustee Goodman that the portion of the property at the end of the runway served as a buffer, both visually and with regard to noise. It was also noted that the other portion of the property being considered for use was adjacent to this area. It was felt that the impacts would be the same. Trustee Santon felt that there was a value to having the work session in that the Village could identify what the consultants should be addressing. He felt that the scope of this project must be defined. He suggested a walking trail be constructed on this property as it would not create the necessity of removing significant trees. Trustee Santon noted that there are different impacts depending on the scope of the project. Trustee Rosenberg agreed with Trustee Santon, and also requested a joint meeting before an authorization was made to spend monies. Mayor Filipowski questioned whether or not a work session could be held on October 28 '. Trustee Santon stated that Mr. Bradbury was asked to check schedules for several dates. Ms. DiSalvo noted that Mr. Bradbury had reviewed several dates, but found that they were not feasible. Trustee Goodman noted several members of several committees would like to attend this work session, and should be afforded the opportunity to do so. She suggested October 14th, prior to the Board meeting. The Board asked that the meeting be scheduled on October 14, 2003. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Mayor Filipowski reviewed upcoming events, beginning with a special meeting scheduled on September 30th regarding impervious surface and bulk standards. He also reminded everyone of the meeting with the School Board scheduled for Monday at the high school at 7:30 p.m. Board of Trustees September 23,2003 Page 18 of 19 Mayor Filipowski invited everyone to the Bike-A-Thon scheduled for October 11, 2003 and the five mile run that was scheduled for October 12, 2003. Mayor Filipowski asked if any member of the public wished to address the Board. Rita Smith, a resident of Ridge Street, addressed the Board. She noted that she had made an application to the Building Department which has been impacted by the new ordinances. They have been working on their project for the past 16 months, and now are working on the administrative portion of the application process. She was directed to attend a meeting that was scheduled for the following Tuesday at Village Hall at 7:30 p.m. at which time the Board could address her concerns. Mr. Beane suggested the Ms. Smith review all of the amendments which have recently been put in place to see what the effects were on her application. Ms. Smith responded that she already reviewed all of the amendments to determine which ones would effect her application. Mayor Filipowski announced that the next Board of Trustee meetings would be held on October 14, 2003 and October 28, 2003. There being no further business before the Board, the meeting was adjourned at 9:40 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees September 23,2003 Page 19 of 19