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HomeMy WebLinkAbout2001-12-11 - Board of Trustees Meeting Minutes December 11, 2001 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 11,2001 -- 7:30 P.M. SPECIAL MEETING/AGENDA MEETING AGENDA PUBLIC HEARINGS: I. Considering a Local Law to Establish a Six Month Moratorium on the Issuance of Permits and Approvals in the R-12, R-15, R-20 Zoning Districts and the Lincoln Avenue Corridor. 2. Considering Accepting the Offer of Dedication of Spectrum/Skanska to Dedicate Certain Roads within the Bellefair Subdivision and Calling for a Public Hearing. REPORTS: I. Garden Inn Update—FP Clark&Associates 2. Eastern Branch of Blind Brook—Dolph Rotfeld Proposal RESOLUTIONS: 1. Accepting the Conveyance of Certain Roads within the Bellefair Subdivision to be Dedicated as Public Streets and Accepting Certain Easements 2. Requesting Development of a Comprehensive Plan for a Defense of Indian Point Nuclear Plants 3. Requesting Feasibility Study on Converting Indian Points II and III to a Non-Nuclear Energy Plant 4. Authorizing Payment of Tax Certiorari Refund to Donald and Nancy Cassone 5. Transfer of Funds for Removal of House on 502 Ellendale Avenue 6. Authorization to approve the Schedule of Bills Payable 7. Approval of Minutes: • April 10, 2001 • August 22, 2001 • October 4, 2001 • October 9, 2001 • October 23, 2001 —Special Meeting • October 23, 2001 1 December 11, 2001 DISCUSSIONS: 1. Discussion of Agenda Times Suggested by Members of the Village Board 2. Discussion of Agenda Times Suggested by Members of the Public Next Trustee Meetings scheduled for: December 19, 2001 and January 8, 2002. CONVENE: The Meeting of the Board of Trustees was called to order at 7:30 p.m. by Mayor Filipowski. PRESENT: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald Degling Trustee Dean Santon Trustee Lawrence A. Rand STAFF: Christopher Bradbury, Village Administrator Ingrid Bent, Assistant to the Village Administrator Ed Beane, Village Attorney David S. Kvinge, RLA, AICP, Village Consultant Chief Robert Santoro, Police Chief Victor Carosi, Village Engineer Mayor Filipowski opened the meeting with the Pledge of Allegiance. He noted that the Board held a Special Meeting to discuss personnel issues prior to the Board of Trustee Meeting. The Mayor read through the Rules of Order noting, for Board members and members of the public, the proper procedures to be followed at all Board of Trustee meetings. Mayor Filipowski called for the first item on the agenda: 1. Considering a Local Law to Establish a Six Month Moratorium on the Issuance of Permits and Approvals in the R-12, R-15, R-20 Zoning Districts and the Lincoln Avenue Corridor. Trustee Dean Santon called for a point of order. He noted that the second Tuesday of the month is set for an agenda meeting, beginning at 7:30 p.m. He asked, now that there were combination meetings — agenda and special meetings — which meeting was supposed to begin at 7:30 p.m. He asked for the advice of counsel. 2 December 11, 2001 Ed Beane, Esq., Village Counsel noted that there was nothing wrong with having combined meetings. He stated that any members of the public who wished to raise an issue would be offered that opportunity at the end of the meeting. There is a printed agenda, which is in good order. Trustee Jody Brackman made a motion that everything be taken in order. Trustee Donald Degling seconded Trustee Brackman's motion. Ingrid Bent-Richards called the role: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski asked if anyone wished to address the Board on the subject of the Six Month Moratorium on the Issuance of Permits and Approvals in the R-12, R-15, R-20 Zoning Districts and the Lincoln Avenue Corridor. There being no one, he asked for comments from the Board. Trustee Brackman noted that a letter from a resident in support of the Moratorium was received. She also noted that it was connected specifically to the opposition of the proposed hotel on the corner of Anderson Hill Road. As she did not believe that the Garden Inn application would be effected by the Moratorium, she asked counsel for advice. Mr. Beane responded that the proposed hotel would only be considered as part of the Moratorium if it was in one of the areas listed. Trustee Degling noted by stating that he believed that the eastern most portion of the property on which the Garden Inn has been proposed is in the R-20 zoning district. The majority of the property— some ten acres — is zoned for a hotel. He believed that the Moratorium would effect the application for the hotel. Trustee Lawrence Rand noted that the Board had discussed grandfathering applications which were currently being reviewed. Mr. Beane stated that the Garden Inn application would be one of the ones that would be grandfathered. He noted that Section 3E states that the restrictions shall not apply to any application pending before the Village. This means that the local law would be inapplicable. This application is automatically outside of the Moratorium. He noticed that if the Local Law was passed at this meeting, the window of opportunity to be grandfathered would not close until the Local Law became effective. So, if someone put in an application between this meeting and the time that the Local Law went into effect, then that person would be grandfathered. 3 December 11, 2001 Trustee Rand suggested that all the Boards and Committees of the Village begin to look at this Local Law. He asked Mr. Christopher Bradbury, Village Administrator, whether or not he felt that this was appropriate. Mr. Bradbury responded that it was appropriate. Trustee Dean Santon asked permission to address the Board. He raised several questions. He noted that as the Board members did not have a Resolution before them, there was still that window of opportunity for residents to apply for building permits. He expressed his opinion with regard to grandfathering applications, noting that he was opposed to the concept of grandfathering certain applications because he felt that all property owners should be on the same playing field. He continued, and noted that a portion of the hotel site is in the R-20 Zoning District, as Trustee Degling had pointed out. In his opinion this property would be effected by the Moratorium. Mr. Beane responded to Trustee Santon's comments. He began by noting that all documents have been filed with the County on a timely basis. The Local Law is ready for Resolution and it is scheduled to go on to the agenda for the 19th of December. He responded to the question about a portion of the proposed Garden Inn property being in the R-20 Zoning District, which it is, and stated that this application is clearly a pending application and would, therefore, be grandfathered. Trustee Santon, continued, expressing his concern regarding the feelings of residents regarding having their property rights frozen for six months. He felt that the review that has been completed with regard the Local Law was insufficient. It was his opinion that the Board could not achieve the results desired in a six-month timeframe. He asked that the Board to refer this matter to the Planning and Zoning Boards, the Village's Staff, and Village Consultant Dolph Rotfeld for review. He also suggested a public meeting to review this issue. Trustee Rand noted that when the concept of the Moratorium came up months ago, he suggested that the Village's various committees be given the opportunity to review the proposed Local Law. He also noted that he had reiterated this recommendation earlier in the meeting when he referred the matter to Mr. Bradbury. Mayor Filipowski noted that Nicholas Ward-Willis, Village Attorney, also addressed this very issue. At this time the Board needs to sort out what needs to be prioritized and move on from there. Mr. Ken Heller, of Lincoln Avenue, addressed the Board. He referred to the proposed Local Law and pointed out that there was no "sunset" date set. He felt that this issue could go on and on. It was his opinion that the Board should `deep six' the entire idea of a Moratorium. Trustee Brackman noted that the underlying concern regarding drainage issues was a very important issue. The Moratorium was proposed because of these types of 4 December 11, 2001 issues. The Board agreed, after discussion, that the applications already in place should be grandfathered as this would be the fairest way to deal with the people who have already spent a substantial amount of time and money on a proposed project. The laws need to be changed in order to protect all of the residents. Trustee Brackman also noted that the comments made by the Village's Attorney, Nicholas Ward-Willis, were excellent. She felt that at this point the Board could move much more effectively in the direction of changing the laws to protect the residents without the Moratorium. She stated that she was in favor of following the direction placed before the Board in the memorandum written by Mr. Ward-Willis — that is to have the Village's Planning Consultant prepare a memorandum proposing changes to the Village Code. Some laws have already been referred to some of the Village's Committees for review. She felt that this method would be much more efficient. Trustee Brackman stated that she would not be voting in support of the Moratorium, but would like to see the Board move forward in asking the Planning Consultants to review these issues. Trustee Santon agreed with Trustee Brackman. He felt that if the Moratorium was not going to be used wisely, and efficiently, it should not be used. The Village's staff deals with these issues day-in and day-out and are much more familiar with what the pitfalls are. He asked that this matter be referred to the Village's Planning Consultant, as well as the Village's staff. Trustee Santon again requested a workshop be held in order to come up with a list of the priorities that the Village would like to address. Mayor Filipowski noted that all Board members can give their comments to the Village's Staff and Consultants. Mr. Bradbury informed the Village Board members if they wished to continue with Mr. Ward-Willis' recommendation it would be proper. He also noted that the Village's Staff has already begun to work on several issues. A resident addressed the Board. He stated that he strongly concurred with the spirit of Trustee Brackman's comments. Mayor Filipowski asked for a motion to close the Public Hearing. Trustee Brackman made a motion. Trustee Santon asked to make a final comment before the Public Hearing was closed. He noted that this item was adjourned almost two months ago in order to ensure that all residents were notified of the proposed Moratorium. He asked how many comments have been received in that time. Mayor Filipowski stated that he had received several calls and one written correspondence. Mr. Bradbury has also received several comments in writing. The 5 December 11, 2001 comments centered on saving the trees and not penalizing the residents. Mayor Filipowski asked for a second to the motion to close the Public Hearing. Trustee Rand seconded the motion. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski opened the second Public Hearing on the agenda. 2. Considering Accepting the Offer of Dedication of Spectrum/Skanska to Dedicate Certain Roads within the Bellefair Subdivision and Calling for a Public Hearing. Mr. Bradbury noted that the objective of this Hearing was to accept roads within Bellefair. The roads to be dedicated are Bellefair Boulevard (Main Drive) from King Street to High Point Circle (Loop Road); Bellefair Road (Road 5) from High Point Circle (Loop Road) to end; High Point Circle (Loop Road); Legendary Circle (Road 3) from Bellefair Boulevard to Bellefair Boulevard (Main Drive); Millennium Place (Road 4) from Legendary Circle (Road 3) to Bellefair Road (Road 5); Fellowship Lane (Road 5A); Reunion Road (Road 1) from Bellefair Boulevard (Main Drive) to end (Senior Parcel); Milestone Court (Road 6) From Reunion Road (Road 1) to end. Mr. Mark Miller, of Veneziano & Associates, addressed the Board as the representative for Spectrum/Skanska. He reviewed the requirements that the developer was required to meet before the roads could be dedicated, and noted that during the last two weeks the developer has worked very closely with the Village's Consultants and Staff to ensure that all of the requirements have been met. As all of the necessary documentation has been provided, and all of the conditions have been satisfied, he asked that the Board approve the dedication of the roadways. Ed Beane, Esq., Village's Counsel, informed the Board that everything was in fact in order. Mr. Carosi, Village Engineer, agreed with Mr. Beane. Trustee Lawrence Rand noted that the dedication included approximately 80% of the roadways within Bellefair, leaving 20% of the roadways as private roadways. Several residents of Bellefair have questioned how the people living on the 20% of the private roadways would be covered by the Homeowners' Association, Sanitation, Police and Emergency Services. Speeding and the ability of the police department to enforce the laws is a big concern. 6 December 11, 2001 Mr. Miller noted that the streets that are not being dedicated are shorter and narrower, and not conducive to speeding. He stated that an agreement could be worked out with the Police Department. Mr. Beane was not sure how this issue should be handled, and the matter was referred to Police Chief Santoro. Chief Santoro noted that the Police Department can enforce no parking, speed limits, handicapped parking, etc. The Homeowners Association simply needs to make this request to the Village Board who, in turn, must hold a Public Hearing and then put it on as a resolution on an upcoming agenda. Trustee Santon raised questions regarding the private roads and how street maintenance, garbage collection, street lighting, etc. would be handled on these roads. At this time there is an arrangement between the developer and the Village, whereas the Village is reimbursed for work done on these roadways. He wanted to make sure that the Homeowners Association was aware of the costs of having private roadways included for coverage by the Village. He also asked how the roads that were being dedicated were chosen. Mayor Filipowski asked the applicant respond to Trustee Santon's comments. Mr. Kevin McManus addressed the Board. He noted that the original concept and design for Bellefair was to create a Village Green. In order to do that some of the street widths were reduced. Alleyways were created, along with allowing lots that had property lines that went right up to the pavement in order to accomplish this design. The roadways which are being dedicated to the Village were designed with a 50' right-of-way. Trustee Santon continued, asking for specifics regarding road widths. Mr. McManus responded that all of the roadways that are being dedicated are 24' in width. Mr. McManus corrected a statement that was made by Trustee Santon. He stated that a 50' right-of-way was created for every road that was proposed for dedication. Mr. Howard Oakes of Milestone Road addressed the Board. He felt that it was important for the Board to remember that there was still a problem with the numbering of the houses on Milestone Road. He gave the Board a brief recap of the situation, and a summary of what the proposed alternatives are. Mr. Christopher Bradbury, Village Administrator, stated that the Village was following the progress of this issue, however, it was not tied into the road dedication of the roads. Mayor Filipowski noted that the Board is aware of this problem, and he stated that has been informed by a resident that one mailbox is still causing a problem. Mr. Bradbury agreed, noting that an alternative solution was to move the street sign and the mailbox in question to the left. This is a work in progress, and the Village is working with the developer in trying to find a reasonable solution to this problem. Mr. Ken Heller of Lincoln Avenue addressed the Board. He asked who would be traveling the private roads. Mr. Carosi responded that in order to traverse any of the private roads 7 December 11, 2001 you would have to cross a public road, and only the residents, and delivery personnel, would need to travel on the private road. He felt that moving the driveway, which actually created the numbering problem, required an amendment to the site plan. He felt that the Board had not addressed the physical change, and that there were several options offered to solve the problem of the numbering, but none were to his satisfaction. He felt that the deviation from the site plan must be addressed by the section of the code that deals with the site plan, and the application should be returned to the Planning Board. Chief Santoro noted that the real issue here is to make sure that there are no concerns for emergency services, when needed, in finding the dwellings. He stated that after much discussion surrounding this issue, it has been determined that if the numbering starts with 91 there will be no problem in locating the dwellings. Mr. Beane stated that as far as road dedication is concerned the numbering and the relocation of driveways has nothing to do with it. A member of the Homeowners Association, and resident of Legendary Circle, addressed the Board. She stated that the residents have been lead to believe that the collection of garbage on the private roads is a covered service. She wanted the Village's reassurance that this was the case. Mr. Bradbury noted that the private roads within the Village have been reviewed. Generally the Village does not offer garbage collection on private roadways, as an issue of policy. There is a fee attached to garbage collection. Instead of paying the Homeowners' Association for this service, the residents would now be paying the Village. This payment would be in the form of a tan adjustment. Mr. Roger Matlus of Bellefair addressed the Board. He noted that he has resided in Bellefair for two years, and has not had any reduction in taxes compared to his neighbors who are on public streets. He felt that his taxes were too high., and that he was paying more for taxes than residents on roads such as Hillandale who have two acres of property. The homes on the private roads pay the exact same amount of taxes as the rest of the homes within Bellefair, regardless of the fact that the other homes are on the common streets. He noted that his assessment is the same as the other homeowners within Bellefair who live on roads to be dedicated to the Village. He felt that charging 20% more to the homeowners on the private roadways for garbage pick-up when they pay the exact same tax rate as the rest of the homeowners is a form of discrimination. Mr. Bradbury noted that the public streets will be looked at this time, as they were being dedicated to the Village. The issue is whether or not the private streets would like to have their collection done as it is done on the public roads within Bellefair. Mr. Matlus stated that the homeowners would like their garbage to be collected in the same manner as the rest of Bellefair. Trustee Santon asked if the contract that was put in place in 1998 to accomplish garbage collection fully anticipated the number of houses that were being constructed in Bellefair and Red Roof Farm. He asked what the financial impact to the Village would be by taking on any of 8 December 11, 2001 the houses in Bellefair. He noted that he felt that if homeowners are paying taxes, then they are entitled to services. He used the Arbors as an example, pointing out that they pay Suburban directly for their garbage pick up. He also noted that he was very surprised to learn that there might be a tax adjustment for the homeowners within Bellefair, especially since he did not feel that the tan adjustment would be an increase. Mr. Bradbury stated that no increase in the contract between the Village of Rye Brook and Suburban is anticipated. It was confirmed that there are no additional charges for Bellefair. Trustee Santon continued, and asked if the Village will be receiving an amendment to the sanitation contract because the homes in Bellefair were now being added to the contract. Mr. Bradbury asked counsel to review this issue. Mayor Filipowski noted that when Bellefair was developed a projection of the number of homes was made. He also stated that there is nothing wrong with the contract to pick-up the garbage from the public streets. Mayor Filipowski asked if anyone else wished to address this matter. There being no further comments,Mayor Filipowski asked for a motion to close the Public Hearing. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the public hearing was closed. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski asked for a three-minute recess in the meeting. Upon their return, Mayor Filipowski asked to take one item out of order from the written agenda, and he moved to the Resolution Section of the agenda, calling for item 91. 1. Accepting The Conveyance Of Certain Roads Within The Bellefair Subdivision To Be Dedicated As Public Streets And Accepting Certain Easements. Mr. Bradbury reviewed the Resolution for the Board and members of the public. RESOLUTION ACCEPTING THE CONVEYANCE OF CERTAIN ROADS WITHIN THE BELLEFAIR SUBDIVISION TO BE DEDICATED AS PUBLIC STREETS AND ACCEPTING CERTAIN EASEMENTS 9 December 11, 2001 WHEREAS, on January 27, 1998 the Board of Trustees of the Village of Rye Brook adopted a Resolution granting subdivision approval, detailed site plan approval, special permit approval and wetlands permit approval for the development known as Highpoint Village and subsequently known as the Bellefair Subdivision; and WHEREAS, pursuant to that Resolution, a subdivision plat was filed in the Westchester County Clerk's Office, Division of Land Records as Map No. 26335, on April 12, 1999, on which recorded Map the roads to be dedicated hereunder were shown; and WHEREAS, by letter dated November 20, 2001, The Bellefair Home & Land Company offered the following roads for dedication to the Village: 1. Bellefair Blvd— (Main Drive) from King Street to High Point Circle (Loop Road); 2. Bellefair Road — (Road 5) from High Point Circle (Loop Road) to end; 3. Highpoint Circle—Loop Road; 4. Legendary Circle — (Road 3) from Bellefair Blvd to Bellefair Blvd (Main Drive); 5. Millennium Place—(Road 4) from Legendary Circle (Road 3) to Bellefair Road (Road 5); 6. Fellowship Lane—(Road 5A); 7. Reunion Road — (Road 1); from Bellefair Blvd (Main Drive) to end (Senior Parcel); 8. Milestone Road — (Road 6) from Reunion Road (Road 1) to end; and WHEREAS, the Village Engineer inspected the roads being offered herein and found them to be acceptable for dedication; and WHEREAS, The Bellefair Home & Land Company offered to the Village certain utilities, sight, hydrant and emergency access easements as detailed in the subdivision plat filed in the 10 December 11, 2001 Westchester County Clerk's office, Division of Land Records as Map No. 26335 on April 12, 1999; and WHEREAS, at its November 27, 2001 meeting, the Board of Trustees adopted a Resolution accepting the Offer of Dedication and scheduling a public hearing for December 11, 2001; and WHEREAS, on December 11, 2001 the Board of Trustees held a public hearing to consider the Village accepting the dedication of the roads within the Bellefair subdivision being offered; and WHEREAS, in considering the acceptance of the roads within the Bellefair subdivision to be dedicated, the Village notes that certain of these roads have contiguous sidewalks; and WHEREAS, The Bellefair Home & Land Company has executed and delivered to the Village Clerk a proper conveyance of the land to be dedicated as public streets as well as the sight easement and utilities, access and hydrant easement, which have been found to be in recordable form and acceptable to the Village attorney. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook accepts the offer of dedication and conveyance of the following land to be dedicated: 1. Bellefair Blvd — (Main Drive) from King Street to High Point Circle (Loop Road); 2. Bellefair Road — (Road 5) from High Point Circle (Loop Road) to end; 3. Highpoint Circle—Loop Road; 4. Legendary Circle — (Road 3) from Bellefair Blvd to Bellefair Blvd (Main Drive); 5. Millennium Place — (Road 4) from Legendary Circle (Road 3) to Bellefair Road (Road 5); 6. Fellowship Lane—(Road 5A); 11 December 11, 2001 7. Reunion Road — (Road 1); from Bellefair Blvd (Main Drive) to end (Senior Parcel); 8. Milestone Road (Road 6) from Reunion Road (Road 1) to end; and IT IS FURTHER RESOLVED, that the Village of Rye Brook accepts the Offer of Dedication of the Sight Easement and the Utilities, Access and Hydrant Easement; and IT IS FURTHER RESOLVED, that by accepting these road as public roads, the Village is not accepting the sidewalks, and any maintenance and/or repairs that are necessary to maintain the sidewalks in good repair will continue to be performed by the owner, tenant, occupant or person in legal possession of the property adjacent to said sidewalks as provided in § 186-9 of the Code of the Village of Rye Brook; and IT IS FURTHER RESOLVED, that by accepting certain roads and dedicating them as public streets, the following streets will remain as private streets that, along with any street lights, are not the responsibility of the Village of Rye Brook to repair, plow or otherwise maintain Heritage Court, Heirloom Lane, Parade Lane, Legacy Court, Meeting House Lane, Bellefair Blvd. within Highpoint Circle and Vintage Court; and IT IS FURTHER RESOLVED, that the acceptance of the conveyance of the streets and easements offered is conditioned on the following condition being satisfied prior to said streets becoming public streets: 1. The applicant shall furnish a one (1) year maintenance bond to the Village in a sum to be determined by the Village Engineer in a form acceptable to the Village Attorney; IT IS FURTHER RESOLVED, that the deed describing the properties being conveyed and the sight and utilities, hydrant and access easements shall be recorded and any other associated conveyance documents filed with the appropriate authority, all at the expense of The Bellefair Home & Land Company and date-stamped copies to be provided to the Village Attorney; 12 December 11, 2001 IT IS FURTHER RESOLVED, that the Bellefair Home & Land Company shall fully and completely reimburse the Village for the tipping fee and costs incurred by the Village for waste collected from the residential properties at Bellefair from September 1, 1999 through the date the roads become public streets, at a cost of$3.16 per house/per month; and IT IS FURTHER RESOLVED, The Bellefair Home & Land Company will inspect all trees along the Village right of way by May 1, 2002 and will replace any trees determined by the Village to be unhealthy at that time; and IT IS FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. Mayor Filipowski asked for discussion on the Resolution. Questions were raised regarding the correct name of roadways within Bellefair. Mr. Miller made the corrections to the street names. Trustee Santon questioned whether or not there were fire hydrant fees paid by the private roads. He asked if the Village was responsible for repairing and maintaining fire hydrants. Mr. Beane noted that easements have been provided for specifically the maintenance of fire hydrants. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was approved. Ms. Richards read the role: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the first item under Reports on the agenda. 1. Garden Inn Update—F.P. Clark & Associates Mr. David Kvinge noted that the Planning Board would be discussing this matter at their December 19th meeting. He stated that he would be prepared with a report at the next Board of Trustee meeting which would include the information from the Planning Board 13 December 11, 2001 meeting. He felt that this would be appropriate, especially in light of the fact that the applicant was not in attendance at the meeting. Mayor Filipowski asked for a motion to table this report. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the item was tabled. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for item 92 under the Reports on the agenda. 2. Eastern Branch of Blind Brook—Dolph Rotfeld Proposal Mr. Dolph Rotfeld, Village Consultant, addressed the Board. He noted that he had forwarded a memo to Mr. Bradbury outlining what the scope of the work should be. He offered a brief history of the project, and presented the Board with a map of the area. The Village has decided that it is time to review this issue and come up with a plan to try and determine what should be done with regard to retention areas. Mr. Rotfeld noted that the proposed study starts at the Hidden Falls dam and follows the stream to the detention basin at the Arbors. The Brook is open in some areas and closed in others. The main branch of the Blind Brook is the border between Harrison and Rye, and starts at the Westchester County Airport. The Eastern Branch runs through Rye Brook, and the two branches of the Brook meet behind Bowman Avenue. Work needs to be done,but it must be done carefully. As an example,Mr. Rotfeld noted that to improve the conditions behind Rock Ridge Drive, the Brook would need to be opened up. However, this could cause flooding at Betsy Brown and Argyle Road. An evaluation must be made as to whether or not the Village should create more detention areas. Mr. Bradbury noted that significant stresses have been placed on the Blind Brook with recent developments. As a result, now is the time for the Village to evaluate the Brook and its impact on Rye Brook. Trustee Degling asked if Mr. Rotfeld felt that he would be able to come up with a reasonable answer to the problem. Mr. Rotfeld stated that he believed he could. Trustee Rand agreed with Mr. Bradbury. In his opinion, this is an issue that needs to be addressed. 14 December 11, 2001 After the discussion, Mr. Bradbury asked that the Board recommend that this evaluation continue, and he asked that $25,000 be transferred from the Contingency Account to the Consulting Account for Phase I of this study. Mayor Filipowski noted that an additional$20,000 would be needed for Phase II. Trustee Santon began his questioning sequence. He asked to see more deliverables on this contract. He noted that these are not new problems. He stated that back in the Town of Rye days the Town acquired property at the end of Edgewood. It is contiguous with Meadowlark. This property was considered for a retention basin,but it was felt that it was too costly. He asked what the Village Administrator's feelings were on this project. Mr. Bradbury responded that Mr. Rotfeld is the right person for the job, especially considering his knowledge of Rye Brook. He noted that he has had several discussions with Mr. Rotfeld, and he highly recommended continuing with the proposal. The drainage issue is a very important issue that needs to be tackled head on. Trustee Santon asked if there was potential grant money available for this type of project. Mr. Bradbury noted that it is possible that there is grant money. However, there have been so many drainage issues that have arisen in the past year that if the Village waited for grant funding it could delay this project for more than a year. He noted that he would continue to research grant funds. Mr. Rotfeld stated that he believed that there was grant monies available, however, many of the grants that are available are tied into environmental issues. He would also continue to research grant funds. Mr. Ken Heller of Lincoln Avenue addressed the Board once again. He felt that in recent years developers have run circles around the Village. In order to correct what wrongs have been done, the Village must be careful because for every positive there is a negative. Solving the surface water problem may create flooding of many basements. It is important to look at the ground water table as well as the surface water. Trustee Santon asked why funds needed to be transferred for this project. Mr. Bradbury noted that the Contingency Account is used specifically for these types of projects. Mr. Bradbury read the Resolution for the Board: RESOLUTION AUTHORIZING DOLPH ROTFELD TO PROCEED WITH THE PHASE I ENGINEERING REPORT 15 December 11, 2001 RESOLVED,that the Village Board authorizes the Administrator to proceed with Phase I of the Dolph Rotfeld Engineering report dated November 2, 2001, and the transfer of$25,000 from the Contingency Account (1990.4) to the Consulting Fees Account (1980.4) for this purpose. On a motion made by Trustee Rand, and seconded by Trustee Brackman the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski moved to the Resolution portion of the meeting. He called for item 92. 2. Requesting Development Of A Comprehensive Plan For A Defense Of Indian Point Nuclear Plants. Mr. Bradbury read the following Resolution: RESOLUTION REQUESTING DEVELOPMENT OF A COMPREHENSIVE PLAN FOR THE DEFENSE OF INDIAN POINT NUCLEAR PLANTS WHEREAS, in light of recent events and our present and increasing growing concern with Indian Point II and Indian Point III nuclear power plants as potential targets of terrorism; and WHEREAS, an attack on the Indian Point nuclear facility could be devastating to all area Westchester residents as well as to the approximately five (5) percent of the nation's population living within fifty (50) miles of Indian Point who would be at risk from a large-scale incident; and 16 December 11, 2001 WHEREAS, the Village of Rye Brook recognizes that the debate on the long term future of Indian Point will take place but we are now most concerned about the immediate protection of the plant; and WHEREAS, we, as representatives of the residents of the Village of Rye Brook, need to know that the Federal and State governments are taking all appropriate measures to protect the nuclear plants, and WHEREAS, any plan to safeguard our residents must involve Federal, State, County and local officials working together with clearly delineated responsibilities. NOW, THEREFORE, BE IT RESOLVED, that the Trustees of the Village of Rye Brook call on the governments of the United States of America and the State of New York to develop a comprehensive plan to properly defend the Indian Point nuclear plants from all potential areas of attack; and BE IT FURTHER RESOLVED, that the Trustees of the Village of Rye Brook further call upon the appropriate Federal and State officials, within the context of national security concerns, to assure that coordinated actions are being taken to protect our installations and to safeguard our citizenry; and BE IT FURTHER RESOLVED, that the above-mentioned governments immediately and permanently deploy all appropriate military resources, including anti-aircraft and anti-ship weaponry, as well as necessary United States military and New York State Guard personnel to properly defend the plants from any and all attacks; and BE IT FURTHER RESOLVED, that this resolution be transmitted to the President of the United States, the Governor of the State of New York and to all our Federal, State and County representatives. 17 December 11, 2001 On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was approved. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Brackman noted that by voting for this Resolution, Rye Brook has put itself on a list of municipalities that support the Development of a Comprehensive Plan. Mayor Filipowski called for the next item on the agenda: 3. Requesting Feasibility Study On Converting Indian Points II And III To A Non- Nuclear Energy Plant. Mr. Bradbury read the following Resolution: RESOLUTION REQUESTING FEASIBILITY STUDY ON CONVERTING INDIAN POINTS II AND III TO NON-NUCLEAR ENERGY PLANTS WHEREAS, in light of recent events and in this age of terrorism, the specter of Indian Point being damaged by terrorists is too horrible to comprehend; and WHEREAS, Entergy recently bought Indian Point II, Indian Point III and the decommissioned Indian Point I nuclear power plants located in Buchanan,New York; and WHEREAS, Entergy states its commitment to safely producing electric energy for this region with significant accompanying economic benefits of jobs created and taxes paid; and WHEREAS, approximately five (5) percent of the nation's population lives within fifty (50) miles of Indian Point and would be at risk from a large-scale incident; and 18 December 11, 2001 WHEREAS, there is a natural gas line that presently feeds into the facilities and that Entergy is planning to build a separate finishing plant that would use natural gas, and understanding there are large resources of natural gas in North America. NOW, THEREFORE, BE IT RESOLVED, that the Trustees of the Village of Rye Brook call on Entergy, the New York State Public Service Commission and all other relevant parties to immediately begin a detailed feasibility study on converting Indian Point II and Indian Point III from nuclear energy to natural gas or other non-nuclear fuel; and BE IT FURTHER RESOLVED, that while the potential cost of conversion is expensive, it is an expense that in the interest of safety and sanity must be made given the potential danger to life and property; and BE IT FURTHER RESOLVED, this resolution be transmitted to the President of the United States, the Governor of the State of New York and to all of our Federal, State and County representatives. Trustee Rand felt that this Resolution called upon different entities with different agendas to come up with dollars to conduct a feasibility study. These are privately held corporations. He felt that it had `no teeth,' and noted that he would not be voting for this Resolution. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING NAY TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. Authorizing Payment Of Tax Certiorari Refund To Donald And Nancy Cassone Mr. Bradbury read the following Resolution: 19 December 11, 2001 RESOLUTION AUTHORIZING PAYMENT OF TAX CERTIORARI REFUND TO DONALD & NANCY CASSONE WHEREAS, Donald and Nancy Cassone brought a tax certiorari proceeding against the Village of Rye Brook seeking a reduction of the accessed value of their real property, Tax Parcel Section No. 1, Block 5 and Lot 12CB21, in Rye Brook,New York; and WHEREAS, on or about July 18, 2001, a So-Ordered Stipulation of Settlement was entered into between Mr. and Mrs. Cassone and the Village of Rye Brook that provided for a $1000 reduction in the 2001 assessed value of the real property owned by Mr. and Mrs. Cassone; and WHEREAS, as a result of the reduction in the 2001 assessed value of the real property owned by Mr. and Mrs. Cassone, Mr. and Mrs. Cassone are due a tax refund of$162.20; and WHEREAS, the So Ordered Stipulation of Settlement requires any tax refund due to Mr. and Mrs. Cassone to be paid by check or draft to "Griffen, Coogan &Veneruso, P.C. as attorneys". NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook, is authorized to pay the amount of$162.20 to "Griffen, Coogan & Veneruso, P.C. as attorneys" on behalf of Mr. and Mrs. Cassone as the tax refund resulting from the reduction of the assessed value of their real property located in the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the Village Administrator is authorized to execute and deliver all documents necessary and appropriate to accomplish the purpose of this resolution. Trustee Santon asked a procedural question. He asked if identifying the property owners by name would be the new procedure. Mr. Bradbury stated that this was a Small Claims Matter. This Resolution was done on a recommendation of the Village's Counsel. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE 20 December 11, 2001 TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. Transfer Of Funds For Removal Of House On 502 Ellendale Avenue Mr. Bradbury read the following Resolution: RESOLUTON TRANSFER OF FUNDS FOR REMOVAL OF HOUSE ON 502 ELLENDALE AVENUE RESOLVED, that the following transfer be hereby approved: FROM TO AMOUNT 101.1990.424 901.1620.001 $7,400 (Contingency - (Remove Building— General Fund) Ellendale—Capital) Trustee Santon asked how soon before the project was commenced and the timeline for completion. Mr. Bradbury stated that he would present the timetable, along with a report, to the Board at the next meeting. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. Authorization To Approve The Schedule Of Bills Payable Mr. Bradbury read the following Resolution: 21 December 11, 2001 RESOLUTION AUTHORIZATION TO APPROVE THE SCHEDULE OF BILLS PAYABLE 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 the enclosed payment to Keane and Beane shall be reduced to $6,000 with the balance of its claim to be reviewed; and be it further RESOLVED, that this Board hereby approves payment of the enclosed claims and authorizes payment thereof. Trustee Santon questioned some of the payments. He questioned payments being made to the law firm of Keane & Beane. Mr. Beane noted that there were two litigations that the Village was very actively involved in this year. Neither litigation was covered by the Retainer. Trustee Santon continued, asking if the prior Village Attorney was paid monies for the Red Roof litigation. He asked for the breakdown for each of the two litigations was. Because Trustee Santon was not satisfied with the responses given to him, Mayor Filipowski offered to remove the item until a later date. Trustee Santon accepted the offer to remove the item. Mayor Filipowski noted that when the Board meets to discuss Mr. Beane's invoices, Mr. Powell's invoices would be discussed as well. The Keane & Beane disbursements will be reviewed. Mrs. Richards read the role: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 22 December 11, 2001 7. Approval Of Minutes: April 10, 2001 August 22, 2001 October 4, 2001 October 9, 2001 October 23, 2001 —Special Meeting October 23, 2001 Mayor Filipowski noted that each summary needed to be taken separately. After some discussion, several corrections were made to the summaries, both in context and grammatical. Mayor Filipowski noted that the summaries would be taken separately. He asked for a motion on April 10, August 22, October 9, and regular meeting of October 23. On a motion made by Trustee Brackman, and seconded by Trustee Santon, the summaries were accepted as amended. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski asked for a motion to approve the work session's minutes from October 4. Trustee Degling made the motion, which was seconded by Trustee Santon. TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski asked for a motion to approve the summary for the Special of October 23rd. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the summary was approved. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 23 December 11, 2001 Mr. William Summa, of 557 Westchester Avenue, addressed the Board. He complained about the work that his adjacent neighbor has completed to their driveway and property without any permits. He told the Board that he has had several engineers look at this project and has been informed that, as a result of the drainage system that his neighbor has installed, he will have flooding problems in his home. With the installation of the impervious surface the water will have no where to go except on to the Summa property. After 35 years in this home, and at the age of 75, he felt that it was unfair to place the burden of worrying about flooding on him. Mr. Summa, clearly upset, stated that as soon as he became aware of the installation of the new drainage system, and the new blacktop, he immediately addressed the problem with the Building Department. He asked for a copy of the plan and the permit. At that time he was informed that there was no permit. He asked that the work be stopped and that the recently installed drywell be removed. However, on October 291h the drainage system was tied in. He felt that his neighbor dug up his own property to make sure that he would not have water problems without considering the effect to the Summa property. He also felt that the Village, who should be there to protect him, was not. At this time Mr. Summa feels that it is very important to remove the drywell, and blacktop, to ensure that his home will not be flooded. Mr. Summa noted that the Village did issue a Stop Order, after most of the work was completed, and the property owner has been fined. He felt that the Village did not protect him and his rights. Mr. Summa begged the Board to correct this injustice. Mayor Filipowski stated that he would get a report from the Building Inspector, the Village Engineer, and the Administrator. He offered to have a meeting with Mr. Summa, and assured him that if there is a problem, and if this work was done incorrectly, the Staff will take action. He asked Mr. Summa to give them time to investigate the matter. Mr. Ken Heller of Lincoln Avenue addressed the Board for a fourth time. He asked that Village property be cleaned up before the ground freezes up. He felt that Village Hall property should be more presentable. The next issue to be dealt with was the list of items to be placed on the next agenda. Mr. Bradbury reviewed the list of items in order to set the agenda. Mr. Bradbury noted that one of the applications before the Board, and the Planning Board, is the Garden Inn project. Although the report was placed on the agenda for the next meeting, he asked Mr. Kvinge to give a brief summary of where the application was in the process. Mr. Kvinge noted that currently this application is at the FEIS stage in the SEQRA process. The Planning Board has requested additional information from the applicant, however, the applicant has not provided the information to-date. At this time the office of F.P. Clark and the Village's Counsel are working on 24 December 11, 2001 this problem and have come up with three options that will be included in a report. The Planning Board is scheduled to make a recommendation to the Village Board at its next meeting, and then the Village can move on from that point. Mayor Filipowski noted that included among some of the alternatives that have been discussed, one is for the Village to hire experts to complete the data that the applicant is unwilling, or unable, to complete. As this is the responsibility of the developer, that is where the financial burden will rest. Mr. Beane stated that once the Board of Trustees declares themselves as the Lead Agency, the FEIS becomes the Village's document. It is the developer's obligation to complete the document, or have the Village complete it and they pay for it. Trustee Santon stated that he was disappointed that the Board was now discussing this matter. He wanted to be assured that this item would be on the agenda for the next meeting. This matter needs to be discussed, at the Board of Trustee level. He also expressed concern as to whether or not the Planning Board was focused on all of the issues. During a recent Planning Board discussion, it appeared to him that they were concerned about economic feasibility. In his opinion this was not an important issue. He asked the Board of Trustees to discuss what the charge is for the Planning Board. Mayor Filipowski stated that the Planning Board will address this matter at a meeting, which is scheduled for December 13, 2001, and that Mr. Kvinge would prepare his report to be reviewed by the Board of Trustees at their next meeting. Mr. Kvinge noted that the Planning Board has been referred this item for review. He stated that the Planning Board has been very proactive in their most recent memorandum to the applicant. Mr. Beane noted at this point the Board of Trustees needs to wait for the Planning Board's review. The Board of Trustees does have the final say, and it has not advocated any responsibility by asking the Planning Board to review this application. This process should not be rushed. Trustee Rand stated that when this application was referred to the Planning Board it was done so with specific areas. The Village's Consultant and Planning Board are honing in on the areas that they were asked to opine on. It was his opinion that the process is moving along very thoroughly. Trustee Santon persisted, questioning the timetable. Mr. Kvinge responded that the timetable is something that needs to be discussed with the applicant. He stated that the FEIS has been a long time coming, and the Village has been very thorough in doing everything possible. The Planning Board has been in constant contact with the applicant. Trustee Brackman proposed putting this item on the agenda for the January meeting. At that time options can be discussed. 25 December 11, 2001 Mayor Filipowski noted that a policy regarding the use of Village Stationary by staff needed to be addressed. Mr. Beane responded that he has received some input and this item should be placed on the December 19th agenda. Trustee Rand noted that he has asked for updates on several items from Mr. Bradbury. Mr. Bradbury reviewed several items as follows: • The Ridge Street and High Street traffic light noting that it would be working on Thursday, December 13, 2001. • The Bridge at Ridge Street over the Hutch has been approved. • A letter from New York State Department of Transportation has been received regarding no left hand turn. They are not recommending a left turn from Ridge Street going north. The work will continue on this issue. • The Village has been audited, and the copies are available for the public. It was a clean audit. • Road resurfacing on Tamarack, Valley Terrace, and Argyle has been completed. • The Ball Field dedication was held on December 1St • Sidewalks on King Street is moving slowly and a charge will be assessed to the contractor as a fine for every day that the work goes beyond the deadline. Mayor Filipowski thanked Mr. Bradbury for his report. Trustee Santon asked to review several items. He began with the MIS position, which has been vacant for 16 to 17 months. He asked when this position would be filled. Mr. Bradbury noted that the Board is aware of why this position has not been filled. At this time the Village is at a place where they need to hire someone. They are presently interviewing, and are at the second interview phase. Trustee Santon raised some questions regarding the salt shed on William Street at the Highway Garage. He felt that the Village could receive fines if this shed is contaminating ground water. He believed that this could be happening because of a large drain right next to the pile. This item has been in the budget for the last couple of years. He asked that research be done on this topic. Trustee Santon noted that the Barcolli & Central Tree License has not been identified for the next meeting. He asked if Mr. Bradbury expected that it would be ready for the next meeting. Mr. Bradbury noted that if it was ready it would be available for the next meeting. Mr. Beane noted that documents were being drafted. 26 December 11, 2001 Trustee Santon also asked that the water pump station near the Garden Inn be screened. This water pump station was installed for the benefit of Bellefair. He asked that the staff look into this matter and see if they can find grounds to get screening. Trustee Santon commented that the Rules on setting the agenda were very clearly addressed. He felt that the right of placing something on the agenda was being removed. He noted that he is the minority on the Board and felt that this was an attempt to silence him. Mayor Filipowski re- focused Trustee Santon, pointing out that all comments are to be centered around the subject and not be of a personal nature. Mayor Filipowski asked Mr. Beane to once again review the Roberts' Rules. It was noted that the determination of whether or not a comment is personal is left to the discretion of the Chair. If the Board feels that his decision is incorrect, then a vote can be taken. Mayor Filipowski made a motion to adjourn the meeting. Trustee Brackman seconded the motion. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING NO MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski announced that the next Board of Trustee meetings were scheduled for December 19, 2001 and January 8, 2002. The meeting was adjourned 10:58 p.m. 27