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HomeMy WebLinkAbout2002-03-12 - Board of Trustees Meeting Minutes APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. PRESENT: FRANCIS L. FILIPOWSKI,Mayor JODY H. BRACKMAN DONALD L. DEGLING LAWRENCE A. RAND DEAN P. SANTON STAFF: Edward J. Beane—Village Attorney Christopher J. Bradbury—Village Administrator Ingrid Richards-Assistant to the Village Administrator Chief Robert J. Santoro—Chief of Police Victor G. Carosi, P.E.,Village Engineer David Kvinge -Village Consultant William Gerety,Building Inspector Robert Bertolacci—Recreation Superintendent Gina Tarascio—Meeting Secretary 1. Pledge of Allegiance Mayor Filipowski called the meeting to order and invited everyone to join in the Pledge of Allegiance. 2. Roll Call Mayor Filipowski asked the Assistant to the Administrator to call the roll; a quorum was present to conduct official village business. Mayor Filipowski welcomed everyone to the meeting and noted that the first item on the agenda is the Rosen 3-Lot Subdivision, however,Mr. Scelfo is now appearing before the Tree Committee. Mayor Filipowski also noted that a new person has been appointed to the Parks Department,Mr. Keith York. The board welcomed Mr.York. 3. Granting a Special Permit and Approving the Site Plan for the Campo Tier III Home Occupation Application for 55 South Ridge Street Trustee Santon asked for clarification of changes made to the site plan. Mr. Gary Gianfrancesco, of the firm of Archonics Architecture addressed the Board. He noted that the only change to the site plan was the addition of a chain link fence. A memorandum was sent to the Board explaining the revision. Trustee Santon believed that the Planning Board requested a natural barrier or a split rail fence. The reason for the fence is to separate the commercial use from the residential use. Trustee Santon believes that the chain link fence was not as suitable as a split rail fence. He expressed his concern regarding the application. Although the Vision Plan talks about developing and improving the downtown commercial district, the problem that exists is the fact that there are residential properties that will now be next to a commercial use. He expressed his opinion that it was a mistake to place this commercial use in this area. He believes that this is not in the best interest of the residential property owners in the area. 1 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Mayor Filipowski asked for clarification from Mr. Kvinge and Mr. Beane. Trustee Santon believes that this is forcing commercial use. Mr. Kvinge stated that this home office use is a permitted use via a Special Use Permit. Mr. Ed Beane stated that it is not spot zoning, but rather permitted by Special Permit. Trustee Santon noted that the zoning of the property is R2F - a residential zoning. The result is permitting a commercial use in a residential zone. Mr. Beane stated that this is a home office use. The district is R2F plus the rest of the Village's Code and the Code permits this type of use. Trustee Santon asked for the Board of Trustees to deny the permit. Mr. Beane stated that this application conforms to all of the Special Permit requirements and that there is no reasonable,rational basis to deny this application. Mr. Kvinge agreed. Trustee Santon asked what other districts are Special Permits of this nature permitted in. Mayor Filipowski directed Trustee Santon to address the application before the Board. Trustee Santon believes that the Board does have the discretion. Mr. Beane stated that the Board of Trustees has limited discretion and that this application conforms. On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolutions was adopted: WHEREAS, Joseph Campo has made an application to the Village of Rye Brook for amended site plan approval and a special permit to operate a Tier III Home Occupation, an insurance office, on the ground floor of a single-family residence located at 55 South Ridge Street in an R2-F two-family Residential Zoning District,which office will be operated from 8:00 a.m. to 6:00 p.m. Monday through Friday and will require modifications to the interior of the residence, the construction of a handicapped accessible ramp, and the construction of a five (5) space parking lot; WHEREAS, the Village Board of Trustees has reviewed the following information submitted by the applicant in support of the application: 1. Short Environmental Assessment Form (EAF); 2. Application forms and supporting narrative description; 3. "Topographic survey for Joe Campo," dated June 1, 2001, prepared by Ahneman Associates, Greenwich, Connecticut; 4. Sheet SP-1, "Site Plan, Location Plan, Zoning Map and Zoning Statistics," dated 7/17/01, last revised 3/1/02, prepared by Arconics Architecture, Rye Brook, New York; and 5. Sheet A-1, "Floor Plan," dated 7/16/01, last revised 11/12/01, prepared by Arconics Architecture, Rye Brook,New York; and WHEREAS, the Village Board of Trustees referred the application to the Village Planning Board, and the Village Planning Board submitted comments and recommendations to the Village Board of Trustees by resolution dated January 10, 2002; and WHEREAS, the Village's Planning Consultant submitted comments and recommendations to the Village Board of Trustees by memorandum dated October 4, and November 1, 2001; and 2 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of the Project and has been satisfied that the Project will comply with the Site Development Plan standards and requirements of the Village of Rye Brook Code, except as otherwise noted; and WHEREAS, the Village Board of Trustees determined that the proposed action is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 for which the Village of Rye Brook Board of Trustees is the Lead Agency and the only Involved Agency for the environmental review with respect to the approval of said Amended Site Plan; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein;and be it further RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts a Negative Declaration since the Project will result in only minor physical changes to the site, visual impacts will be minimal, and any disturbance associated with the Project will be controlled through the proper implementation and maintenance of erosion and sediment controls; and be it further RESOLVED, that the Village of Rye Brook Board of Trustees grants the requested Amended Site Plan Approval, subject to the following conditions: 1. The Applicant shall submit written documentation that all necessary County approvals have been obtained, or that no such approvals were required, prior to issuance of any building permits. 2. The Applicant shall design, implement, and maintain sediment and erosion controls, to the satisfaction of the Village Engineer and Village Building Inspector. The Site Plan shall be revised to include a note stating that Sediment and Erosion controls will be designed, implemented and maintained in accordance with standard industry practices and guidelines as described in publications such as the Westchester County Best Management Practices for Urban Runoff. 3. Light elements and light levels shall be the minimum required so that impacts to neighboring residential properties are minimized. 4. The landscaped buffer area shall be maintained in a healthy and vigorous condition. any plants not maintained in a healthy and vigorous growing condition shall be replaced within the next growing season. 5. The applicant shall revise the site plan to make the proposed chain link fence vinyl clad. 6. The applicant shall revise the site plan to show sight-line easements. 7. The applicant shall maintain proper maintenance of clear sight-lines. 3 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. 8. An as-built drawing, to the satisfaction of the Village Engineer and Village Building Inspector shall be submitted for the Village file. BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees grants the requested Special Permit to operate a Tier III Home Occupation at 55 South Ridge Street,Rye Brook,New York, subject to the following conditions: 1. The applicant shall seek renewal of the Special Permit each year, one (1) month prior to the expiration of the approved permit. As part of the annual renewal application the applicant shall submit proof that the operation of his tier III home occupation is in compliance with this approval and consistent with the application herein approved. 2. The applicant shall comply with all of the conditions governing a Tier III home occupation as set forth in 5 250-38(D)(3) of the Village Code. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Nay Mayor Filipowski Voting Aye 4. Retaining Calgi/EMC as Construction Manager for the Proposed Firehouse to be located adjacent to the Village Hall on King Street. Trustee Santon wanted clarification on this item. He noted that these two recommended vendors were not the lowest in their categories. He asked for an overview of the dollar amounts and why the Village chose them. Mr. Bradbury noted that requests for bids were sent out to nine different firms. The construction management firm received four responses. Two proposals were reviewed and the recommendation was to work with Calgi Construction. Calgi Construction has a good understanding and first hand knowledge of this project and will be responsible for working within the budget. They have worked on many other firehouses and other public safety projects. Calgi Construction has worked with several other municipalities and comes very highly recommended. Trustee Rand stated that the process is very important. Once the proposals are received they are reviewed,line-by-line. Following the independent evaluation of a sub- committee,it was noted that all members believe that Calgi Construction was the right choice. An open meeting was held. In terms of process,in terms of expertise,we feel very confident bringing this resolution to the Board. Trustee Degling stated that he has been following this project closely. He attended the meetings at which the proposals were discussed. He agreed that Calgi Construction has the expertise needed. He believes that the committee has made a very sound recommendation. Trustee Santon asked if the contract would come before the Board again. Mr. Bradbury stated that it would not. This proposal was $50,000 less than the original proposal. The changes that will occur will be virtually minor. 4 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Trustee Santon asked why no traffic studies have been conducted and the SEQRA process has not been started. He stated that he had concerns. He felt that monies should not be spent until everything has been reviewed. He asked how the Village was justified in not accepting the bids. He felt that the Village is going with the contractor that they wanted to work with all along. Mr. Ed Beane stated this is a contract for professional services. No laws are being violated. Mr. Bradbury noted that there was no requirement to issue an RFP. Cost is a definite factor and it is also important to find a vendor that the Village is comfortable with. It is our hope to get this project started as soon as possible. Mayor Filipowski noted that there is no issue regarding site line because there is no site line problem. Trustee Rand believes that the Village should move ahead with this on an expeditious basis. He was very comfortable with the process and the recommendation. Trustee Brackman noted that the proposals from this company have worked on other projects, and they have been outstanding. Trustee Santon asked at what point do the residents get notification of the magnitude of the dollar amount being spent. He also asked how fast does this money get spent and if there were any environmental impacts? Mr. Bradbury noted that of the four construction management firms the numbers ranged from $215,000 to $275,000. Those numbers are for pre-construction and construction. The Board has been very open and very clear about the costs. On a motion made by Trustee Brackman,and seconded by Trustee Rand the following resolution was adopted: WHEREAS, by Resolution dated January 22, 2002, the Village Board authorized the Village to proceed with construction of the Village of Rye Brook Firehouse to be located on the property adjacent to Village Hall on King Street and declared itself as lead agency for the proposed project;and WHEREAS, Requests for Proposals WP's) were mailed to interested firms to submit proposals to act as Construction Manager for this project; and WHEREAS; CALGI/EMC,located at 221 Union Avenue,New Rochelle,New York was one of four firms who submitted a proposal to perform construction management functions in the pre-construction stage and to manage and supervise the construction of the Firehouse; and WHEREAS, at a meeting conducted on March 5, 2002, the Rye Brook Firehouse Construction Committee unanimously endorsed the proposal submitted by CALGI/EMC; and now, therefore,it is 5 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. RESOLVED, that the Village of Rye Brook shall be authorized to enter into an Agreement with CALGI/EMC for performance of services in the pre-construction stage and to manage and supervise the construction of the Firehouse project in accordance with the terms of the proposal submitted upon final terms to be negotiated by the Village Administrator and the Village Attorney; and BE IT FURTHER RESOLVED,that the Mayor is authorized to execute and deliver the written contracts and all other documents necessary to accomplish the purpose of this Resolution. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 5. Retaining Sullivan Architecture, Inc. as Project Architect for the Construction of the Proposed Firehouse to be located adjacent to the Village Hall on King Street Trustee Santon asked for an overview of the dollar amounts. Mr. Bradbury noted that two responses were received ranging from $175,000 to $214,000 and Sullivan Architecture has been strongly recommended. They have had background checks and interviews. The Village is very comfortable with their architectural approach. They also have had extensive experience with other municipalities and firehouse design. The comfort level with this firm is very high. Trustee Santon asked what the approximate pre-construction amounts would be. Trustee Rand,the Chairman of the Firehouse Construction Committee, stated that the committee would set up a meeting time with the architects. They will work with the Construction Committee to firm up a timetable and the Board will be given an update. Pre-construction is approximately$48,000. Trustee Santon inquired about site lines and stated that Sullivan is an architectural firm and not an engineering firm. He asked if there would be feedback from the DOT regarding installation of a signal at this location. Mr.Bradbury stated that the process has been started on each issue. On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolution was adopted: WHEREAS, by Resolution dated January 22, 2002, the Village Board authorized the Village to proceed with construction of the Village of Rye Brook Firehouse to be located on the property adjacent to Village Hall on King Street and declared itself as lead agency for the proposed project;and WHEREAS, Requests for Proposals WP's) were mailed to interested firms to submit proposals to act as Project Architect for this project; and 6 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. WHEREAS, Sullivan Architecture,Inc.,with offices located at 115 Stevens Avenue, Valhalla,New York,was one of two (2) firms that submitted a proposal to design and prepare drawings and specifications for the construction of the Firehouse; and WHEREAS, at a meeting conducted on March 5, 2002, the Rye Brook Firehouse Construction Committee unanimously endorsed the proposal submitted by Sullivan Architecture; and now,therefore,it is RESOLVED, that the Village of Rye Brook enter into an Agreement with Sullivan Architecture for the design and preparation of drawings and specifications for the Firehouse project in accordance with the provisions of its proposal,upon final terms and conditions to be negotiated by the Village Administrator and Village Attorney;and BE IT FURTHER RESOLVED,that the Mayor is authorized to execute and deliver the written contracts and all other documents necessary to accomplish the purpose of this Resolution. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 6. Considering the Rosen 3-Lot Subdivision Application for 48 Lincoln Avenue Mr. Christopher Scelfo addressed the Board. He asked for clarification of notification. Trustee Degling noted that there would be a public hearing on this application. He asked that members of the Planning Board,Environmental Committee, and the Tree Committee come before the Board of Trustees. He noted that the application has gone through some changes. Trustee Rand noted that the Planning Board voted against this application. The Planning Board asked that the public meeting be postponed until the Planning Board is satisfied and that all of their questions have been responded to. The applicant is frustrated, he also understands the frustration of the Planning Board. He felt the public hearing should be postponed until the Planning Board has completely reviewed the application. He would like to see the recommendations from the Planning Board. Trustee Santon concurred with Trustee Rand. He has followed this application through the Planning Board level. He asked that Mr. Bradbury read the resolution from the Planning Board. Although the plan has been modified, the Planning Board has not had the benefit of seeing the revised plan. Trustee Santon noted that Mr. Scelfo is the contract vendee. This is a joint application. This is a subdivision. It now appears to be an additional parcel in Rye Brook. He pointed out to plan #2 where there is another sliver of land. 7 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Trustee Santon noted that the notice requirement is to property owners within 500'. It is already March 12`''and there is not 15-20 days before the Public Hearing. He asked that this meeting be postponed until April. He asked that the Planning Board be given the opportunity to review the new plans. He asked for a special meeting to accommodate this public hearing. Mayor Filipowski asked if the Environmental Committee would have sufficient time to review this application. Mr. Beane responded. The Planning Board will be asked to review this application at their March 14'hmeeting, however they cannot be compelled to do so. He believes that ten days is a reasonable time of notice. The Tree Committee has met with the applicant. Mr. Victor Carosi addressed the Board. The modifications were addressed. They did not address the conclusion. They would like to request that the Tree Committee be included. They have concerns about the driveway. They recognize that trees must be removed,but they would like to see a final version. Mayor Filipowski stated that the Board is looking for more input. The Public Hearing will be scheduled for April 9h, as opposed to March 26h. Mr. Beane noted that technically this is a two-lot subdivision in Rye Brook. Linda Whitehead, representative for the Rosen's addressed the board. There will be three parcels within Rye Brook. One part is a parcel in Harrison. There are two new building lots within Rye Brook. The third lot is partially within Harrison and partially within Rye Brook. It has the current Rosen Resident on it. As amended, and with the notification to the Planning Board,they will be asked to hear this application on Thursday, or to call a special meeting. Trustee Santon corrected Ms.Whitehead stating there are three lots in Rye Brook. He asked that Dolph Rotfeld attend the public hearing. Mr. Bradbury was asked to read the resolved clause from the Planning Board's resolution. Ms. Whitehead addressed the Board. She noted that there was no objection to holding the public hearing on April 9`h. The applicant was very surprised with the reaction of the Planning Board members at their last meeting. This application has been before the Planning Board for approximately eight months. The applicant has tried to address the specific comments, especially the concerns regarding the flood plan. The lots are twice the size required by Zoning. Mr. Ken Heller of 22 Lincoln Avenue addressed the Board. He noted that he is a member of the Tree Committee. The drainage for most of Pine Ridge is located on this property. There have been no real rains for about 2 '/Z years. The drainage issue must be handled before this application can be addressed. The new driveway would be under water if there were a flood. This is a difficult application. The drainage must be addressed first. 8 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. There is a lot of work to be done and a lot of reviewing. He felt that no resolution could be reached in two weeks. Trustee Santon offered a final comment. He asked that the Planning Board consider that if the existing driveway were not relocated there would be less impact on the trees. In addition, the driveway would not be moved into the wetlands. He asked for a shared driveway. This would eliminate the need for an additional curb cut. On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolution was adopted: WHEREAS, Chris Scelfo, as contract vendee of the Premises owned by Joseph Rosen, under the authorization of said property owner, has made an application to the Village of Rye Brook requesting preliminary subdivision approval to subdivide an existing ± 4.126-acre parcel of land into two (2) new building lots and a third lot which includes an existing single family residence; and WHEREAS, the subject property is located on the west side of Lincoln Avenue approximately 120 feet south of the intersection formed by Lincoln Avenue and Westerleigh Road, within the R-12 residential zoning district and is shown on the tax map as Section 1, Block 12,Lot 1A5-2. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, declares itself lead agency for the subject application; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a public hearing on Tuesday, April 9, 2002, at 7:30 p.m. at the Village Hall located at 938 King Street, Rye Brook,New York on the subject application;and BE IT FURTHER RESOLVED, that the Planning Board, Tree Committee, and Advisory Council on Environmental Conservation be requested to submit comments prior to the public hearing on April 9, 2002, and BE IT FURTHER RESOLVED, that the Clerk shall publish a notice of public hearing as required by law and the applicant shall notify owners of all property within a radius of 500 feet of the property line of the subject parcel of the application and the proposed hearing by certified mail, return receipt requested. The notice must be mailed between ten (10) and fifteen (15) days prior to the public hearing. Proof of service along with the certified mail receipts and return receipts received as of that date must be presented to the Building Department of the Village of Rye Brook by Friday,April 5, 2002. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 7. Authorization to Approve Schedule of Bills Payable Mr. Bradbury made a few minor corrections to the resolution. 9 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Trustee Santon made several comments on the bills to be approved. He believes that there have been too many newsletters and that they are too costly. He asked the Board to discuss the policy of spreading out the newsletters and returning to the quarterly distribution of information. He noted that the retainers for December and January for Keane &Beane are being paid now. He also expressed concern on the amount of money spent on Red Roof litigation matters. He asked at what point does the Village stop paying the Village's attorney for additional work. He asked if there was any mechanism to offset the legal fees. Mr. Beane stated that most of the work on the Red Roof Farm is all being done as part of the retainer. The work being charged is for the pending Article 78. Regarding recouping—the bonds that are in place are performance bonds. There is nothing in the bonds that apply to legal fees. The developer is not responsible for paying. Trustee Santon asked where the Village was in the process. Mr. Beane stated that with respect to litigation, Red Roof has applied to the County of Westchester to hook up to the sewer with respect to four lots. This is a county sewer. The application should be received within ten days. In addition,Mr. Dolph Rotfeld has approved the plans for the drainage improvement. On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolution was adopted: WHEREAS, the enclosed Schedule of Bills Payable representing payment for services rendered, have been submitted to the Treasurer's Office for payment and review, and have been certified by the Village Administrator. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the enclosed claims and authorizes payment thereof. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 8. Authorizing Rye Brook Recreation Department to Obtain Proposal from Frederick P. Clark Associates for the Study of Potential Recreation Facilities to be considered along the King Street Corridor. Trustee Rand stated that he was confused by the resolution. Conceptually he understood it,but it seemed that although it makes sense to engage in such a study,he felt that F.P. Clark could work with Administration and the Recreation Department and the Council could work up a proposal. Although he liked the concept,he did not feel that this resolution should be before the Board of Trustees. He made a motion to "table the resolution." Trustee Degling seconded the motion. 10 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Mayor Filipowski requested for a motion for an executive session. 9. Proposed Village services to property owners along privately-owned roadways and proposed modifications to contracts with Suburban Carting Corporation and Recycling Industries Com• Mr. Bradbury stated that the Village has been working with Suburban Carting and that Keane&Beane is currently working on the contract. Trustee Santon stated that he put this item on the agenda. He renewed his concern about Bellefair, and the 45 private street units identified and that the Village is looking at a cost increase. He felt that this increase with Bellefair should be covered under the existing suburban contract,and Suburban shouldn't be paid for this. There is one street in Hidden Falls that is private. The Village Attorney gave some New York State Controller opinions and case law. Trustee Santon asked where there is case law to support this. How does this impact the Village from a contractual bid obligation? There is an additional cost of approximately$110,000. Mr. Beane noted that what is really being discussed here,is the addition of streets. He noted that a municipality may change orders without putting the contract out to bid. This can be discussed during the executive session. Trustee Santon requested a timetable. Mr. Bradbury stated that there are several issues. He estimated approximately May or June. Mayor Filipowski noted that the contract coincides with the Village's fiscal year. The only difference may be the actual days of the pick-up. The homeowners associations are getting back to the Village. 10. Proposed PILOT agreement and other matters involving FC Bellefair LLC and their property at 1104 King Street. Trustee Santon stated that he was not aware of the negotiations of this P.I.L.O.T. He asked to be brought up to speed on the status. Regarding the Bellefair Senior Facility, there is a $75,000 erosion control bond. Mr. Bradbury noted that he would be updating the Board at their executive session. The IDA agreement is contingent on the P.I.L.O.T. The Village has been negotiating and it has not been started. The Village is expecting Bellefair and the seniors to submit an application. No application has been received to date. 11. Review of January 3, 2002 letter from Klaus Wimmer of Wave Net regarding lease proposal of Nextel Communications at Rye Brook Village Hall complex and related wireless communication facility matters. 11 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Trustee Santon felt that the Board did not address this memorandum. Mr. Wimmer serves to facilitate Nextel's arrangements. Mr. Bradbury suggested that if anyone wished to view this type of antenna they could go to Harbor Island Park in Mamaroneck. Trustee Degling noted that the base of the flagpole would be approximately 4'wide. Trustee Rand noted that the Village Hall complex is not off limits. He reminded the Board that the property next door on King Street is also included. 12. Status of compliance with Wetlands Mitigation Plan and review of other matters relating to Red Roof Farm subdivision Trustee Santon noted that he has received a March 8`''memo from Mr. Carosi. He felt that it was not on point to the issues he had raised. He questioned whether or not the pie shaped wetlands in left field was properly dealt with. The Army Corp of Engineers did not address this piece of the wetland. Mr. Carosi stated that there is no perimeter survey and asked if the Board will reconsider having the property surveyed. This way the Village will know where the property begins and ends. Trustee Santon noted that the pre-existing fence was not on the list given to the developer. He asked for the status of the easements for the houses on the south side and asked about lot#19. Mr. Beane tried to respond to Trustee Santon's inquiry,but noted that he did not have any information on Lot#19. Mr. Beane noted that with regard to the drainage on the entire site,the developer delivered the information to Dolph Rotfeld's office this week. This certification states that this system was designed properly and working correctly. In addition,there are some remaining issues that will be discussed on Thursday,March 14`''. Drainage issues will be discussed. Dolph Rotfeld has approved the drainage systems for the other four lots. The developer does have the obligation and the performance bond can be used to pay for wetland mitigation. Trustee Santon commented on the wetland mitigation plan. The August 7,1997 Army Corp. permit letter was addressed to the prior owner. Trustee Santon asked if the permit was legally transferred to the current owner who actually developed the project. There was also an obligation with that permit to file with the Army Corp. of Engineers every year for five years a status report. Has the developer actually provided a status report?Also, on September 3, 1998 the developer was granted a wetlands permit from the Village. This expired after three years. He would like to see outstanding deficiencies on this wetland mitigation plan. 12 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Mayor Filipowski stated that these issues need to be addressed at an executive session. Mr. Beane noted that the issue of certain vegetation needs to be replanted. The meeting scheduled for Thursday will develop a very specific list. Trustees can look at the Est. There is still time to bring issues before the developer. Trustee Santon noted that there are two other points. The developer was obligated to build a path that would wrap around the retention pond. This has not been constructed. Mayor Filipowski stated that the developer is paying for this path,and constructing it. Trustee Santon asked if there was any impact with the newly designed bleachers and ball field. He felt that Dolph Rotfeld's memo did not address this issue. Trustee Brackman noted that there was an issue regarding the fence that is supposed to be removed. She was not sure that the fence should be removed because it provides a visual buffer from the yard to the field. She was inclined to leave the fence. Mayor Filipowski stated that he has the same opinion. Trustee Degling expressed the view that the fence provides screening and removing it would simply require the Village to replace the screening with something else. Trustee Santon stated that the reason he brought this up was the Parks and Recreation staff felt that this fence should be removed. It is an old chain link fence. It is not a pleasing enhancement. He persisted that the fence should be removed. Trustee Brackman asked for a field trip to the property to review. Mayor Filipowski asked if the Board could hold off on the remaining three items. The below items for discussion were adjourned to April 9`h. 1. FOLLOW-UP TO STATUS ON 2001-2002 VILLAGE TREE PLANTING PROGRAM AND POTENTIAL PLANTING AND BEAUTIFICATION PROGRAM FOR SPRING 2002. 2. FOLLOW-UP ON FRIENDS OF RYE BROOK,INC. AND CONTRIBUTIONS FOR THE BENEFIT OF VILLAGE PROGRAMS OR PROPERTY 3. FOLLOW-UP REGARDING VARIOUS UTILITY EASEMENT MATTTERS. At this time,Mayor Filipowski asked if there were any residents who wanted to approach the board. 13 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Mr. Ken Heller,Lincoln Avenue, Rye Brook resident addressed the Board. He mentioned that he has seen Village after Village work on PILOTS and asked the Board to consider cost of living increases. Mr. Bradbury stated that for March 26th,there is a public hearing for Grant Street along with a Public Hearing on the Traffic Amendments with Bellefair and other traffic law changes. Regarding the Hoffman Sub-Division, both engineers will be meeting and believes this should be moved to April 23' . Mr. Bradbury read a resolution adjourning the public hearing on the Hoffinan sub-division to April 23rd.: On a motion made by Trustee Brackman and seconded by Trustee Degling the following resolution was adopted: RESOLUTION ADJOURINING THE HOFFMAN PUBLIC HEARING TO THE APRIL 23, 2002 MEETING RESOLVED, that the public hearing on the Hoffinan 2-Lot Subdivision, Section 1, Block 10, Lot IA is hereby adjourned to the April 23, 2002 Board of Trustees meeting to afford the Applicant additional time to provide the Village Engineer and outside consultants with certain information related to drainage requested by the Village, and be it FURTHER RESOLVED, that upon receipt of this notice, the Village Engineer will discuss with the Applicant some concerns surrounding this application. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Santon Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mr. Bradbury expects the planning Board to decide on the Dr. Lee/Bowman Avenue site plan amendment and special permit. A public hearing will be scheduled at the next meeting. The Bellefair Site Plan Amendments may come back again depending on the planning board meeting. Setting a date for the public hearing for the 2002-2003 Tentative Budget. Public Hearing will be on Tuesday,April 9 h. 14 APPROVED MINUTES Board of Trustees Regular Meeting March 12, 2002 at 7:30 p.m. Grievance Day determinations will be announced Some issues at the Planning Board that may or may not come out. Need to set up Budget work sessions with each of the departments. Trustee Brackman asked that since Trustee Santon's resolution was tabled, she requested that it be added to the April 23Td meeting to discuss how to go forward. A motion to adjourn to go into executive session: personnel, contract,property acquisitions, and litigation. Motioned by Trustee Degling and seconded by Trustee Brackman: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Santon Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 13. Announcements Mayor Filipowski announced the following: • April 9d'and April 23Td—next Board of Trustees meeting. • Urged residents to attend budget workshop meetings 14. Adjournment Meeting adjourned at 9:42 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk 15