HomeMy WebLinkAbout2003-09-09 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING
Village of Rye Brook
BOARD OF TRUSTEES MEETING
Village Hall, 938 King Street
Tuesday, September 9, 2003 @ 7:30 p.m.
AGENDA
Roll Call
Pledge of Allegiance
Presentation
1. Senior Citizen Coordinator's report on the `File of Life' Program and other
programs being offered at the Anthony J. Posillipo Community Center
Public Hearings
1. Considering amending a Local Law to extend the effective date of the Interim
Development Law
2. Endorsing Long Island Sound Watershed Intermunicipal Council's (LISWIC)
grant application to apply for the creation of a regional stormwater district for
the lower Long Island Sound Drainage Basin through the New York State
Department of Environmental Conservation
3. Endorsing Westchester County's grant application to apply for a county wide
stormwater public education and outreach program through the New York
State Department of Environmental Conservation
4. Approving Snow and Ice Agreement with New York State Department of
Transportation for 2004-2005 snow seasons
5. Considering declaring municipal equipment as surplus for sale
DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE
VILLAGE BOARD
1. Discussion on the potential use of Village property along Lincoln Avenue
2. Discussion: Update on the proposed King Street Ball Field and Westchester
County Legacy Grant Application
3. Discussion: Status of soccer/softball field project
Board of Trustee Meeting
September 9,2003
Page 1 of 19
4. Discussion: Follow-up on various utility easement issues
5. Discussion: Status of compliance with various home occupation, special use
permit and zoning matters
DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE
PUBLIC
Next Trustee Meetings: September 17 and 23, 2003 and October 14, 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
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 with a moment of silence in memory of the victims
of September l lth
The Mayor noted that prior to the meeting a ceremony was held commemorating the
Memorial Garden. This Garden has been dedicated to deceased members of the staff and
volunteers of the Village of Rye Brook.
The first item on the agenda, a presentation by the Senior Citizen Coordinator, was called
before the Board.
1. SENIOR CITIZEN COORDINATOR'S REPORT ON THE `FILE OF
LIFE' PROGRAM AND OTHER PROGRAMS BEING OFFERED AT
THE ANTHONY J. POSILLIPO COMMUNITY CENTER
Rye Brook's Senior Citizen Coordinator, Jean Gesoff, addressed the Board. She
thanked the Board and the Mayor for the time to speak about this very important
program. The Rye Brook Seniors are beginning their 201h year as an organization,
which is a wonderful milestone. This year there is a new program called the "File
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September 9,2003
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of Life." Last year the Rye Brook residents participated in the "File of Life"
program which unfortunately did not turn out as expected. With this program,
vital information was placed in a vile in the refrigerator which, because of the
dampness, eventually became illegible. The Village researched other programs
and found the "File of Life." The new program consists of a form to be
completed by the senior citizen. Information includes health related issues,
prescription drugs taken, names of doctors, etc. The information is then placed in
a packet with a magnetic backing that is affixed to the front of the refrigerator. In
the case of an emergency, Emergency Medical Personnel know to look for this
packet. In addition, a wallet size card is also part of the program. This is an
excellent program which ensure correct medical care when it is most needed.
This program is open to all Rye Brook residents.
Residents were reminded that this form needs to be updated regularly.
Information on this new program can be obtained by calling 914-939-7904.
Seniors, age 60 and older, are encouraged to join the Senior Center.
The Senior Center is also offering a free seminar on September 23rd on long term
health care. An elder law attorney, an expert in long term insurance, a founder of
a home care company, and a professional in the geriatric care field will be in
attendance. The seminar begins at 7:00 p.m., and is open to the public. This
seminar is an excellent learning experience for anyone caring for an elderly
relative.
PUBLIC HEARING:
1. CONSIDERING AMENDING A LOCAL LAW TO EXTEND THE
EFFECTIVE DATE OF THE INTERIM DEVELOPMENT LAW
Mayor Filipowski declared the public hearing open. Ed Beane, Esq., Village
Counsel, was asked for a summary of what brought the Village to this point. Mr.
Beane noted that, if adopted, this would be the 3rd extension of the Moratorium.
The Moratorium was put in place to give the Village the opportunity to review the
Village's Codes. The Village's Planners, Staff, and Counsel have reviewed all of
the Code, put some amendments in place, and found additional areas of concern.
These areas are the reason for the 3rd extension, which would run through
December 23, 2003.
Trustee Dean Santon asked for a review of the laws which were still pending that
were to be amended under the Moratorium.
Ms. Marilyn Timpone-Mohamed, Village Consultant, addressed the Board. She
noted that four of the original laws that were to be tackled under the Moratorium
that still outstanding. Wetlands and Water Courses, which have been referred to
the Planning Board. Flood Damage Prevention, which are amendments to
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September 9,2003
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Chapter 130, are in the Consultant's offices being prepared for presentation to the
Board of Trustees. The Chapter on Trees, which the Village's Tree Committee is
considering, is still outstanding. And the fourth is Storm Water Management
which was still under consideration at the Planning Board level.
Ms. Timpone-Mohamed noted that the Moratorium was for specific areas in the
Village. The Wetlands and Water Courses and Flood Damage Prevention are
amendments to environmental laws that deal with the Village as a whole. The
Moratorium was specific for the bulk and impervious surfaces, which have been
completed.
Trustee Santon thanked Ms. Timpone-Mohamed for the update. He noted that the
Wetlands and Water Courses had not yet been reviewed by the Planning Board,
and the Flood Damage Prevention was still with the Village's Planners. He felt
that these laws, by themselves, warrant the extension of the Moratorium.
Trustee Santon asked the Board to look at the intent of the Moratorium. He
pointed out that the first item is preservation of open space and environmental
features. There are large parcels of land that have current recreation uses, but are
zoned for residential developments. Crawford Park is a 36 acre property in an R-
12 District and The Blind Brook Country Club is an approximately 160 acre
property located in an R20 district. These parcels need to be preserved as open
space. He also expressed his opinion that the Lincoln Avenue Corridor needs to
be protected from further subdivision. Conservation Easements have yet to be
addressed. The Board of Trustees gave specific direction to commence the
review of these items the end of last year (2002). As no residents were being held
up with their applications, he felt that the Moratorium should be extended so that
the remaining matters could be address. Trustee Santon noted that it had been
less than a year for this Moratorium - this is still within the realm of being
reasonable.
Mr. Beane stated that the law cannot be modified to include different purposes.
The Moratorium can be extended in its current form, but cannot be modified to
include other areas to be addressed.
Trustee Goodman noted that there are four areas that are still pending, however,
these affect the entire Village. It would be unfair to continue the Moratorium for
a specific area when the issues affect the entire Village. Recreation Zones are not
specific to this area. It would be unfair to extend the Moratorium for three more
months to review Village wide issues.
Trustee Paul Rosenberg questioned what the likelihood was for the Planning
Board or Board of Trustees to be able to act on these before the end of the year.
Ms. Timpone-Mohamed responded that the three areas being referred to, flood
control, wetlands, and stormwater controls would be finished by the end of the
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September 9,2003
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year. She stated that because she was not working on matters regarding trees, nor
with the Tree Committee, she could not speak on this issue.
Mr. Beane stated that the Storm Water Management applies to the entire Village.
He agreed that three of the four items were Village wide. The issues brought up
by Trustee Santon could be covered by a different Moratorium. There are no
applications before the Village at this time that would be impacted by the
extension of the Moratorium.
Mayor Filipowski noted that the Moratorium was put into place to address
specific situations, which have been or are being addressed.
Mr. Bradbury commented that the original Moratorium was far reaching. On
September 17, 2003 a joint meeting with the Planning Board was held to discuss
impervious surfaces and bulk regulations was scheduled.
Trustee Santon clarified a statement he made earlier, noting that this Moratorium
was not Village-wide as it covers only zoning districts R-12, R-15 and R-20 .
Having said this, he questioned how the Board was being faithful to the stated
purposes of the original Moratorium, especially in protecting the Village from
subdivisions such as those that have come before the Board in the past several
years that are problematic. It was his opinion that because there was still work
left to do, the Moratorium should be extended. Mayor Filipowski questioned
whether or not it was necessary to extend the Moratorium.
Mr. Beane responded that it was not necessary to continue this Moratorium. A
second Moratorium could be put in place to address other specific issues, if the
Board of Trustees desired.
Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that he was a
member of the Tree Committee. He stated that no one explained that this matter
needed to be addressed as part of the Moratorium. He next addressed the matter
of conservation easements. He pointed out that this matter has not yet been
addressed, and urged the Village to request that the Village's Consultants put this
matter on a list to be done. Mr. Bradbury noted that the tree ordinance was not
part of the Moratorium, but rather came from the protection and endangered
species list.
Mayor Filipowski asked for a motion to close the public hearing. On a motion
made by Trustee Rosenberg, and seconded by Trustee Goodman, the public
hearing was closed.
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANTON VOTING AYE
Board of Trustee Meeting
September 9,2003
Page 5 of 19
MAYOR FILIPOWSKI VOTING AYE
Mayor Filipowski called for the first item under Resolutions:
1. CONSIDERING AMENDING A LOCAL LAW TO EXTEND THE
EFFECTIVE DATE OF THE INTERIM DEVELOPMENT LAW
(MORATORIUM)
Mr. Bradbury read the following resolution:
ADOPTING A LOCAL LAW TO
EXTEND THE EFFECTIVE DATE OF
THE INTERIM DEVELOPMENT LAW
WHEREAS, the Interim Development Law (Local Law 95-2002) was filed
with the Secretary of State on September 20, 2002, which stated that the law shall
be in effect for a period of 180 days from its effective date and therefore would
have expired on March 20, 2003; and
WHEREAS, the Village extended the expiration date of the Interim
Development Law to July 8, 2003 and the further extended it to September 9,
2003; and
WHEREAS, a duly noticed public hearing was held at a meeting of the Board
of Trustees of the Village of Rye Brook on September 9, 2003, at which time all
those wishing to be heard 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
September 9, 2003; and
WHEREAS, the Board of Trustees of the Village of Rye Brook has complied
with the provisions of the New York State Environmental Quality Review Act
and has determined that the adoption of such local law is a "Type IP' action and,
therefore, no further environmental review of the proposed action is required; and
WHEREAS, the Board of Trustees of the Village of Village of Rye Brook
after due deliberation, finds it is in the best interest of the Village to adopt such
local law.
NOW, THEREFORE BE IT, RESOLVED, that the Village of Rye Brook
Board of Trustees hereby adopts the proposed local law to amend the Interim
Development Law to extend its expiration date to December 23, 2003, which
amendment is enacted into law as Local Law 914-2003; 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.
Board of Trustee Meeting
September 9,2003
Page 6 of 19
Trustee Santon made a motion to adopt the resolution, however, there was no
second to his motion. Trustee Santon attempted to procedurally debate an
issue. He noted that there has been no formal review by the Planning Board.
Floyd Caplan, a member of the Planning Board, had presented the Board of
Trustees with the opinion of the Planning Board. Trustee Santon was called
out of order, which put an end to further discussion.
Mayor Filipowski called for the next item on the agenda.
2. ENDORSING LONG ISLAND SOUND WATERSHED
INTERMUNICIPAL COUNCIL'S (LISWIC) GRANT APPLIATION
TO APPLY FOR THE CREATION OF A REGIONAL STORM
WATER DISTRICT FOR THE LOWER LONG ISLAND SOUND
DRAINAGE BASIN THROUGH THE NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Mr. Bradbury was asked to read the resolution. On a motion made by Trustee
Goodman and seconded by Trustee Rosenberg the following resolution was
adopted:
RESOLUTION
ENDORSING LONG ISLAND SOUND WATERSHED INTERMUNICIPAL
COUNCIL'S (LISWIC) GRANT APPLICATION TO APPLY FOR THE
CREATION OF A REGIONAL STORMWATER DISTRICT FOR THE LOWER
LONG ISLAND SOUND DRAINAGE BASIN
WHEREAS, the Long Island Sound Watershed Intermunicipal Council
(LISWIC) was created in 1999 through inter-municipal agreements to work on
measures to coordinate stormwater planning on a regional basis; and
WHEREAS, a key proposal of the member communities of LISWIC is to
create by special act of the New York State Legislature a regional stormwater
management district to comply with the Phase II rule of the Federal
Environmental Protection Agency (EPA) and, more importantly, to enable the
district to plan, administer and fund a comprehensive stormwater management
program; and
WHEREAS, at this formative stage, approximately 10 members of
LISWIC are supporting this application seeking funds for a consultant to draft the
Special State Act, model charter and plans necessary to govern the management
of stormwater on a regional basis; and
Board of Trustee Meeting
September 9,2003
Page 7 of 19
WHEREAS, the total project cost to implement Stormwater Phase II is
$218,000 with a total cost of $100,000 requested by the New York State
Department of Environmental Conservation and $118,000 would be from the
local matching funds from the participating local governments,
NOW, THEREFORE BE IT RESOLVED, that the Village of Rye
Brook Board of Trustees fully supports the submission of a grant application by
the Long Island Sound Watershed Intermunicipal Council (LISWIC) 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 Town/Village of Scarsdale, on behalf of
LISWIC, to participate in the grant application.
Mr. Bradbury noted that Rye Brook was ahead of the curve, which should be a
big plus for the grant application.
Trustee Harris stated that he was in favor of this resolution, but was concerned
about establishing the precedent of dividing all expenses equally. He felt that it
would set a financial precedent. Mr. Bradbury noted that one of the biggest
questions right now was how the funds were going to be raised for the District,
however, it is not the intention to set a precedent. At this time LISWIC was
looking for a letter of intent.
Trustee Santon asked for clarification. He asked how many members of LISWIC
there were in total. He felt that a lot of the funds seemed to be going for salaries
and fringe benefits.
Mr. Bradbury responded that there are currently twelve member communities, ten
of which have supported the formation of the district. There is no staff allocated
by LISWIC, nor has funding been allocated.
Trustee Rosenberg wanted to be sure that the communities would not be on the
hook for the monies to be contributed by New York State if in fact those monies
did not come through. Mr. Bradbury noted that this was part of a grant
application.
Trustee Santon asked who would become the participating members. Mr.
Bradbury stated if there were eight members, the amount requested would be split
between the eight members. Mr. Bradbury noted that the resolution before the
Board was very clear.
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
Board of Trustee Meeting
September 9,2003
Page 8 of 19
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
3. ENDORSING WESTCHESTER COUNTY'S GRANT APPLICATION TO
APPLY FOR A COUNTY WIDE STORM WATER PUBLIC EDUCATION
AND OUTREACH PROGRAM THROUGH THE NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and
seconded by Trustee Santon, the resolution was adopted.
RESOLUTION
ENDORSING WESTCHESTER COUNTY'S GRANT APPLICATION TO APPLY
FOR A COUNTY WIDE STORMWATER PUBLIC EDUCATION AND
OUTREACH PROGRAM THROUGH THE NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION
WHEREAS, Westchester County wishes to apply for a grant through the
New York State Department of Environmental Conservation for a county-wide
stormwater education and outreach program, and
WHEREAS, the Westchester County grant application will be for a
$350,000 grant award with a required local match of$350,000 which may consist
of cash contribution and in kind services such as staff time, supplies and
materials, printing and copying, and
WHEREAS, the local match requirement for participating municipalities
will be in the form of in kind services only,
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye
Brook fully supports the submission of a grant application by Westchester County
to the New York State Department of Environmental Conservation for a county-
wide stormwater public education and outreach program; and
BE IT FURTHER RESOLVED, that the Village of Rye Brook shall
forward a signed letter of intent to the Westchester County Planning Department
to participate in the grant application.
Mr. Bradbury noted that the intent is to do a lot of public education. Trustee
Santon agreed that there is a need for education within our own community.
Board of Trustee Meeting
September 9,2003
Page 9 of 19
Mr. Bradbury noted that this is a countywide program. The Village has been
collecting a lot of educational materials that will be modified for Rye Brook. This
information will be disseminated to residents throughout the year.
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
4. APPROVING SNOW AND ICE AGREEMENT WITH NEW YORK
STATE DEPARTMENT OF TRANSPORTATION OR 2004-2005 SNOW
SEASONS
Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and
seconded by Trustee Rosenberg, the resolution was adopted.
RESOLUTION
APPROVING SNOW AND ICE AGREEMENT
WITH NYS DOT FOR 2004-2005 SNOW SEASONS
RESOLVED, that the Village of Rye Brook is authorized to enter into
extensions of the indexed lump sum municipal snow and ice agreement
(#D010799) with the State of New York, Department of Transportation until June
30, 2005 under which the Village of Rye Brook will receive payment up to
$11,144.00 per year for snow and ice control on King Street and Westchester
Avenue; and it is further
RESOLVED, that the Mayor is authorized to execute and deliver all
documents necessary or appropriate 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
5. CONSIDERING DECLARING MUNICIPAL EQUIPMENT AS
SURPLUS FOR SALE
Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and
seconded by Trustee Goodman, the resolution was adopted.
Board of Trustee Meeting
September 9,2003
Page 10 of 19
RESOLUTION
DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE
WHEREAS, the Village of Rye Brook has several pieces of municipal
equipment that are no longer of functional value or use to the Village; and
WHEREAS, the equipment may have a nominal resale value,
NOW, THEREFORE, BE IT RESOLVED, that the equipment listed
below is declared surplus to be sold to the highest qualified bidder through sealed
bids solicited through classified advertisement in the official paper of the Village.
Item Model# Serial#
HP Desk Jet Printer C4568A SGBQ190MF
IBM PC 92T IS658792T23PTU28
Panasonic Plain Paper Fax KX-F 1000 SKARB040905
HP Scan Jet Scanner C5-190A MX81QI IY66
HP Scan Jet Scanner C1130A U5130150437
IBM Value Point PC L3F 23
IBM PC 45H 23AX812
Magnitronic PC 486-66-UL 9115945
Digital Venturis D49 PC A09-86XWW 36-41348-20A
IBM Value Point PC X50 23WRHIF
IBM Personal System PC 8555-081 23-CGH26
IBM Personal System PC 8530-021 72-1014348
IBM Value Point PC LPF 23KHKIC
IBM Value Point PC LPF 23KHD4H
IBM PC 5363 92X3482
IBM Monitor 6543-301 2313273
Gateway 2000 Monitor 700-069C5 17004AO04816
Compaq Monitor 610 720BC050D
Decision Data Monitor DSM5256 F166004858
Epson Stylus Color Printer P860A 1501166810
IBM Network System 4312-001 01-50436
HP Laser Jet III 33449A 3126A88831
Ithaca-label/receipt printer 53 AN001890799
IBM Monitor 3197 88-CA279
IBM Monitor 6543-301 2395173
Mitsubishi Monitor SD4311 C 0431125416
IBM Monitor 6543-301 2349900
IBM Monitor 6543-301 2308059
IBM Monitor 3197 88-CA316
IBM Monitor 8513-01 72-0282076
Board of Trustee Meeting
September 9,2003
Page 11 of 19
IBM Monitor 6543-301 2349900
Commodore Monitor 10845-D1 102539
Fujitsu Laser Printer M38785AIOV MA00009315
NSA Air Filter 1200A C080207810491
Western Digital Hard Drive 6520OBC 30BOQ031CQ24
HP Laser Jet Printer C2007A 3136J20YHG
IBM Monitor 6319-001 23-26595
Compaq Monitor 471 33105277N958
Rascal Excalibur 15-09BI11001AA BJT3014
Rascal Switching Power DSA-1511 1094
Supply
Commodore Monitor 10845-D1 1025395
Commodore Amiga PC A300 004076
Monitor PU-564D FBOU810930OU
Gateway 2000 Monitor 700-069C5 700636
Gateway Monitor CM751U U9EO06926
IBM Printer
Typewriter
Fortress Surge Protector 9910-1308 1002752
Konica Copy Machine 2125 35AE09442
IBM Monitor 354X88XG970
IBM PC 5160 AN09SA5160
HP Laser Jet Printer 4L USBB322528
IBM PC W59 23-FPADL
IBM Laser Jet Printer 4029-030'
IBM Monitor 231586B
IBM PC L3F466OX2 23FPMVB
Magitronic Monitor C-SV1428A 320260143BA
IBM PC PS/2 8580 AN09580-111
IBM PC 156586340232CM20
KDS 17" Color Monitor 1271047998
Monitor Xcess 8BMLB0032351
AND IT IS FURTHER RESOLVED, that if no bids are received for a
particular item, that the above stated items may be disposed of through
appropriate means,
AND IT IS FURTHER RESOLVED, that the Mayor is hereby
authorized to execute and deliver all documents necessary or appropriate to
accomplish the purposes of this resolution.
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
Board of Trustee Meeting
September 9,2003
Page 12 of 19
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
If no bids are received, then these items will be disposed of through appropriate
means.
DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE
VILLAGE BOARD:
1. DISCUSSION ON THE POTENTIAL USE OF VILLAGE PROPERTY
ALONG LINCOLN AVENUE
Mayor Filipowski noted that there has been correspondence from various
Boards and Commission of the Village. He suggested a work session to
discuss these matters.
Trustee Goodman noted that the Village owned property has been referred to
several different Boards and Committees for review of possible uses. She
pointed out that this property is literally on the runway of the airport. There
are wetlands on this property, and the trees buffer the noise and pollution from
the airport, especially for the people who live right behind it. She felt that the
reports from these committees should be heard and reviewed before
considering moving this project to the next step.
Trustee Santon agreed that a review of the reports from the three Committees
that this matter was reviewed to should be presented to the Board. He noted
that this is a 29 acre parcel which does in fact have a portion near the runway,
however, other portions are not necessarily in the path of the runway. It was
his belief that portions of this property are useable. Soil testing was done, and
a swimming pool complex with a 90 car parking lot and basketball courts
were all suggested by a prior Board back in 2000. Others had suggested a
walking trail. There were other recommendations. He could not understand
how on a 29 acre parcel that nothing could be done, especially in light that the
wetlands is a small portion of this property. Work was done on reviewing this
property for potential use in 2000, at which time a small portion of the
property was deemed usable. He continued, and expressed his opinion that
more information must be gathered about the usability of this property.
Trustee Rosenberg noted that he had walked this property. Standing on this
property, watching the planes land, made use of this property very
unappealing. He could not understand why the Village would consider
building anything so close to the runway.
Board of Trustee Meeting
September 9,2003
Page 13 of 19
Mr. Bradbury noted that he had received the three reports. The Environmental
Conservation Committee was one of the three committees that reviewed this
property. The Recreation Advisory Counsel was another. It was the
Recreation Advisory Council that suggested passive uses such as a walking
path or dog runs. He noted that The Army Corps of Engineers was brought in
to review this property. In addition, the IBIS Group reviewed this property.
Trustee Goodman asked if from these reviews whether or not the Village
could ascertain if something can be built. There are soundproof issues, as
well as odors from the composite site. She urged the Board to find out what
the consequences are of getting rid of the buffer zone would be, and noted that
there are 500 Rye Brook residents that need this buffer zone.
Trustee Santon made several points of clarification. He noted that the
Recreation Council recommended a dog park. The dog owners would be
there with their dogs and would be in close proximity to these low landing
planes. There is a portion of the 29 acres that is in conflict with the runway,
but he felt that there was a portion at the corner of Lincoln Avenue and King
Street that is useable. He noted that there are 2 '/2 to 3 acres of land between
Bellefair and King Street that is useable. He asked that this matter be taken to
the next step.
Mayor Filipowski questioned what the costs would be to find out how much
of this property is useable. Mr. Bradbury responded that first the project
would have to be defined. He asked whether the Board was looking at the
wetlands and their function, and if mitigation would be required if that portion
of the property was used. If that is the area that the Board is interested in than
an analysis of the wetlands can be done. He felt that the first step would be to
define the potential use of the property before bringing in consultants to start a
review. He reiterated that although not all 29 acres are not considered in the
runway. Trustee Goodman noted that the balance of the property is only 1/10
of a mile away. Consideration must be given to what consequences will be
seen if the trees in that area are cut down.
Ms. Timpone-Mohamed, Village Consultant, stated that she could review the
original reports, along with the information submitted from the soil testing
companies, and doe a property analysis. This analysis would list the wetlands,
the amount of property in the runway buffer zone, etc. A recommendation of
what it might cost to have this property assessed can also be created. Once the
Village understands the property, then a decision can be made regarding
whether or not anything can be built on it. The fact that the property is in such
close proximity to the airport is not a good beginning.
Mr. Bradbury pointed out that the Village is already aware that that a portion
of the property is in the wetland protection zone.
Board of Trustee Meeting
September 9,2003
Page 14 of 19
Mr. Victor Carosi, Village Engineer, addressed the Board. He reviewed what
would be involved in reviewing the wetlands. He noted that as Bellefair has
been completed for several years, the wetlands in the area may have changed.
First a use must be put forth to discuss what can be built on this property.
Each use will have a different set of questions. For instance, a walking trail is
a light use, and may only require the installation of a chipped wood-walking
path.
Mayor Filipowski asked the Village's Consultant begin a review of this
matter.
Trustee Rosenberg expressed his concern about spending money for
consultants on property that is in a very poor location. In addition, he noted
that this parcel is also the largest parcel of open space in the Village. He also
noted from previous Board Meetings that Reckson would be constructing a
walking path. He felt that it would be a shame to spend hundreds of
thousands of dollars on this project only to find out that nothing could be built
on it.
Trustee Santon noted that although he was not advocating a dome facility for
this property, the Recreation Council did in fact propose a domed facility for
the Lincoln Avenue, King Street corner of the 29 acre property. When
reviewing this property nine borings were done and a wetland buffer area was
identified. The Village has already spent $12,000 to $15,000 spent on the
Pool study for this area. He felt that it would be appropriate to hold a
workshop with all of the involved committees and spend a little time
discussing what they have in mind.
Mayor Filipowski asked for a motion regarding scheduling a workshop in
October, having a report put together, or doing nothing at all. He asked if
there was consensus among the Board as to which way to go. Two members
were in favor of a workshop, and two members were in favor of a report.
Mayor Filipowski asked for a five minutes adjournment. Upon their return,
Mayor Filipowski asked that a report, compiling all data from the three
committees that have reviewed this matter, be completed by Mr. Bradbury by
October 14, 2003. A workshop could scheduled for the end of October, if the
Board felt that it was warranted after review of the completed report.
Ms. Timpone Mohamed noted that she could have a proposal ready for the
Board by the September 23, 2003 Board of Trustee meeting. She will consult
with the Administrator's Office, and the Village Engineer, in preparing her
proposal.
Board of Trustee Meeting
September 9,2003
Page 15 of 19
Mayor Filipowski called for the next item on the agenda for discussion:
2) DISCUSSION: UPDATE ON THE PROPOSED KING STREET
BALLFIELD AND WESTCHESTER COUNTY LEGACY GRANT
APPLICATION
Mayor Filipowski noted that the Arbors were meeting to discuss various
possibilities of dealing with a soccer field at Harkness Park as compared
with the composite site, and the possibility of shifting the tennis courts to
the composite site. With that, the Recreation Commission will be meeting
later in the week to discuss this matter with the Arbors. In terms of
dealing with, and going forward with the idea of what will be happening,
he felt that the Board should wait for the information to be referred back to
the Board of Trustees and take this matter up on September 23, 2003.
Trustee Harris agreed with the Mayor, and made a motion to place this
item on the agenda for the September 23rd meeting.
Trustee Santon noted that the Board was the Lead Agency on the project.
The scope of this project is a 2.62 acre parcel owned by the Village. He
submitted that any discussion of any other project that has not been filed
under SEQRA not take place. He could not understand why the
Recreation Council was discussing Harkness Park. He asked that the
Board discuss the project that was authorized 15 months ago, and for
which resolutions were passed in June of 2002. He could not understand
why that project as authorized in June 2002 was not moving forward.
Trustee Santon was called out of order.
Mayor Filipowski responded that this matter would be discussed at the
September 23, 2003 meeting.
Mayor Filipowski called for the next item on the agenda:
3) DISCUSSION: STATUS OF SOCCER/SOFTBALL FIELD PROJECT
Although the Mayor felt that this matter was connected to the previous matter,
Trustee Santon said it was a separate listed item on the agenda. He asked that the
Board, at the next meeting, discuss this project, where it is going, and its status.
He felt that the Board should address this matter as a complete Board.
Mayor Filipowski stated that this matter would be discussed at the same time as
the Legacy Grant Application and the King Street Ball Field project on September
23, 2003.
Board of Trustee Meeting
September 9,2003
Page 16 of 19
Trustee Santon questioned the status of the Legacy Grant Application. Mayor
Filipowski responded that it would presented on September 23, 2003.
4) DISCUSSION: FOLLOW UP ON VARIOUS UTILITY EASEMENT
ISSUES
Trustee Santon questioned the status of the utility easement items that he has been
raising for quite some time. He felt that these installations should be screened in
order to beautify Rye Brook. He felt that the Village should create some
reasonable ground rules for utility companies when they come into the
community to do work.
Mayor Filipowski deferred to Mr. Beane. It was noted that Mr. Bradbury and Mr.
Beane have been working on this matter. Mr. Bradbury gave some examples, i.e.
the Tennessee Gas landscaping work done at King Street next to the Blind Brook
High School entrance and the Aquarion Water installations at Anderson Hill Road
and King Street next to the Blind Brook High School entrance and the Aquarion
Water installations. There are several other areas that the Village is currently
working on having landscaping installed. Mr. Beane noted that there have been
memorandums issued from the Village's Engineer, along with other letters and
diagrams, that have been issued on this matter. The Village is in discussion with
Verizon at this time. Mr. Beane noted that a lot of progress has been made over
the past year.
Mayor Filipowski questioned what the Village was doing to avoid these large
utility boxes from cropping up in the Village. Mr. Beane noted that he was in the
process of reviewing Village ordinances that deal with new installations and new
constructions. He noted that some of the ordinances would be presented to the
Board by the end of October.
Trustee Santon noted that some of Verizon's applications have been the subject of
site plan reviews by the Planning Board. He could not understand what
applications should be reviewed by the Village and which should not. Mr. Carosi
noted that Verizon had made an application to install an underground utility box
along Betsy Brown and North Ridge. The application was not well met, and the
application was withdrawn. When a utility expands upon an existing use, that use
precludes site plan and approval. At this time Mr. Carosi noted that he was
working with Verizon the add additional landscaping to some of the existing
boxes. He reminded the Board that the Village has very, very limited control over
the utility companies.
Mr. Beane noted that all public utilities have a very wide broad base of what they
can do. They can do a lot of things that private landowners cannot do, however, it
is not unlimited. The Village can give them guidance, but cannot tell them that
Board of Trustee Meeting
September 9,2003
Page 17 of 19
any time they need to put something on a pole or in the ground they must make an
application.
Trustee Santon requested a memorandum from Mr. Beane that outlines what
utilities can and cannot do.
Mr. Beane noted that he would re-state what the utilities can and cannot do by the
end of October.
5) DISCUSSION: STATUS OF COMPLIANCE WITH VARIOUS HOME
OCCUPATION, SPECIAL USE PERMIT AND ZONING MATTERS
Trustee Santon noted that the Acting Building Inspector, Mr. Michael Izzo, has
submitted a memorandum to the Board on this subject. He asked that the
Building Department develop a timeline and steps that are being done, noting
specific issues. He asked that Mr. Beane address one specific Special Use Permit
located at 55 South Ridge Street. Mr. Beane stated that he was working on this
matter. All documentation provided by the applicant has been reviewed and it is
very clear that this applicant is not entitled to a Special Use Permit. Now the
Village must take action.
Mayor Filipowski noted that the Board of Trustees was not into micro-managing
the work of the Village's staff. Trustee Goodman noted that she has provided
comments on this matter to Village Counsel. Trustee Santon stated that his
comments were forthcoming.
Mr. Bradbury reviewed the agenda for the September 23, 2004 meeting. He noted that a
work session would take place prior to the meeting. The construction of the bathrooms at
Garibaldi Park would be discussed, and Mr. Dolph Rotfeld would be addressing the
Board regarding Stormwater Regulations. The Legacy Grant Application will also be on
the agenda. The Nextel application would also be on the agenda. The Board received a
request for a Columbus Day contribution, which will also be reviewed. The Home
Occupation law will be discussed, along with other various discussion items. An
Executive Session would also be required for the 23'
Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that he had been
reviewing information on the possible Town Government. He commented that a better
understanding of State Law needed to be grasped before future discussions.
Board of Trustee Meeting
September 9,2003
Page 18 of 19
Mayor Filipowski noted that on September 23, 2003 at 6:30 p.m., the Village Board will
hold a joint session with the Zoning Board of Appeal to deal with some of the issues that
have recently arisen. On September 17, 2003, a workshop with the Planning Board has
been scheduled. This meeting will start at 7:30 p.m.
Mayor Filipowski noted that the next Board of Trustee meetings were scheduled for
September 23, and October 14, 2003.
There being no further business before the Board, the meeting was adjourned.
Christopher J. Bradbury
Village Administrator/Clerk
Board of Trustee Meeting
September 9,2003
Page 19 of 19