The URL can be used to link to this page

Home My WebLink About1999-01-05 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 5, 1999— 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTIONS: 1. DESIGNATING POLLING PLACES FOR THE 1999 VILLAGE ELECTION. 2. CONSIDERING APPROVAL OF A SETTLEMENT AND ORDER FOR SEWER REMEDIATION WITH WESTCHESTER COUNTY. 3. CONSIDERING APPROVAL OF AN AGREEMENT WITH WESTCHESTER COUNTY FOR MULTIPLE SAFETY ENFORCEMENT. 4. CONSIDERING APPROVAL OF AN AGREEMENT WITH THE SOUTH EAST CONSORTIUM TO PROVIDE SPECIAL RECREATION SERVICES FOR DISABLED INDIVIDUALS. 5. CALLING FOR A PUBLIC HEARING ON THE APPLICATION BY LOEWEN DEVELOPMENT FOR PRELIMINARY SUBDIVISION PLAT APPROVAL OF PROPERTY AT 998 KING. 6. CHECK REGISTERS. DISCUSSION: 7. K & M REALTY'S DRAFT PROPOSED DEIS FOR THE BOWMAN AVENUE PROPERTY. NEXT TRUSTEES MEETINGS: JANUARY 26, 1999 FEBRUARY 9, 1999 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK JANUARY 5, 1999 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Donald E. Degling Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Gary J. Zuckerman Village staff attending the meeting were: Senior Coordinator/Assistant to the Administrator Lori Ann DeMarco Contadino Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Village Engineer, Victor Carosi, P.E. Assistant to the Administrator, Richard C. Slingerland Police Chief Robert Santoro Deputy Treasurer Diane DiSanto Secretary to the Administrator Debby Ybarra RESOLUTIONS: 1. DESIGNATING POLLING PLACES FOR THE 1999 VILLAGE ELECTION. Administrator Russo read the resolution, and there was no discussion. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION DESIGNATING POLLING PLACES FOR THE 1999 VILLAGE ELECTION MARCH 16, 1999 RESOLVED,that voting machines owned by the Town of Rye shall be used at the next Village Election to be held on Tuesday, March 16, 1999; and be it further RESOLVED, that if said voting machines are not available, the use of paper ballots is hereby January 5, 1999 authorized; and be it further RESOLVED,that the polls in each of the nine Election Districts in the Village of Rye Brook shall be opened at 7:00 a.m. in the morning and remain open until 9:00 p.m. in the evening of said day; and be it further RESOLVED, that the polling places be, and they hereby are, designated for the respective Election Districts as follows: Election District#20 - Port Chester Middle School -Bowman Avenue (Main Lobby) Election District#21 -Port Chester Middle School - Bowman Avenue (Main Lobby) Election District#22 -Blind Brook High School - King Street (Main Lobby) Election District#23 -Ridge Street School -North Ridge Street (Gymnasium) Election District#26 -Port Chester Senior High Sch. -Neuton Ave. (Main Lobby) Election District#27 -Ridge Street School -North Ridge Street (Gymnasium) Election District#29 -Ridge Street School -North Ridge Street (Gymnasium) Election District#30 -Blind Brook High School -King Street (Main Lobby) Election District #31 -Ridge Street School -North Ridge Street (Gymnasium) Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 2. CONSIDERING APPROVAL OF A SETTLEMENT AND ORDER FOR SEWER REMEDIATION WITH WESTCHESTER COUNTY. Administrator Russo explained that this resolution followed the Westchester County Sewer Act. This Act required towns and villages to remove storm water inflow and infiltration, which gets into sewers through illegal hookups from drainage, illegal hookups from storm leaders, drains and sump pumps, and cracks and breaks in the local storm sewer lines. Mr. Russo explained that this resolution would allow Rye Brook to join together with the other municipalities regarding planning and financing for repairs required under the Westchester County Sewer Act. Villages and Towns working together could plan and pay for the repairs more efficiently and cheaply cooperating through the Westchester County Municipal Officials Association(WCMOA). Mr. Russo read the resolution, and Trustee Zuckerman asked if the Village could borrow through the Village's Sewer Fund. Village Attorney Powell noted that all the Village's sewer borrowing would be General Obligations, which wouldn't affect this issue. Trustee Zuckerman also noted that the Village would not have any rights of action against the County or its officials, and asked how its rights would be protected in the event of need for legal action. Trustee Strum noted that the Village would have rights as a third party in any claim, and Trustee Zuckerman noted that the County was exempted in any third-party claims, but that the Village would have rights against the contractor in the event of a lawsuit. 2 January 5, 1999 Mr. Wally Niles of Country Ridge Drive noted that during his career he headed up the flood control division for the Army Corps of Engineers, and asked if there was anyone on the Committee who was qualified to make any decisions with regard to flood control. The Administrator and the Mayor explained that the contract was not for flood control,but to remove groundwater from the sanitary sewer systems. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION APPROVING SEWER REMEDIATION ORDER WHEREAS, an administrative enforcement proceeding was commenced by the Westchester County Department of Environmental Facilities under the County Sewer Act against many Westchester ,municipalities, including Rye Brook, for the purpose of correcting weaknesses in local sanitary sewer systems so that the water quality of the Long Island Sound and Hudson River may be improved; and WHEREAS, the Westchester Municipal Officials Association has engaged in intensive negotiations with the County with respect to uniform terms and conditions of a consent order to settle the cases, and the Village wishes to express its appreciation to WMOA for its efforts on the Village's behalf, and WHEREAS, on December 19, 1998, County Attorney, Alan Scheinkman, transmitted a final proposed consent order, indicating that it should be approved by the Board of Trustees by January 8, 1998; and WHEREAS,the County's letter states the consent order presents a"tremendous opportunity to improve overall water quality for County residents who use the Long Island Sound and the Hudson River, and to ameliorate the weaknesses in our sewer systems which jeopardize the integrity of those bodies of water." NOW THEREFORE BE IT RESOLVED,that the Village of Rye Brook is authorized to enter into an Administrative Order on Consent, with the Westchester County Department of Environmental Facilities in Case No. COW- SSES-24-98, providing for sewer remediation; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 3 January 5, 1999 3. CONSIDERING APPROVAL OF AN AGREEMENT WITH WESTCHESTER COUNTY FOR MULTIPLE SAFETY ENFORCEMENT. Village Administrator Russo read the resolution. Chief Santoro explained that the agreement subsidized the Village's Police Department overtime for enforcement of speeding, seat belts, car seats, bike helmets and other safety issues. On the motion of Trustee Strum, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION APPROVING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR A MULTIPLE SAFETY ENFORCEMENT GRANT RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-municipal agreement with Westchester County for the period of October 1, 1998, to September 30, 1999 under which the Village will receive up to $ 2,800 for participation by the Rye Brook Police Department in the multiple enforcement grant for injury prevention program; and it is FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. CONSIDERING APPROVAL OF AN AGREEMENT WITH THE SOUTH EAST CONSORTIUM TO PROVIDE SPECIAL RECREATION SERVICES FOR DISABLED INDIVIDUALS. Administrator Russo read the resolution, and there was no discussion of the item. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION 1999 INTER-AGENCY AGREEMENT SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES, INC. TO PROVIDE SPECIAL RECREATION SERVICES FOR DISABLED INDIVIDUALS RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with South East 4 January 5, 1999 Consortium for Special Services, Inc. for special social and recreational programs for disabled individuals during 1999 for the total sum of$4,484.00; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5. CALLING FOR A PUBLIC HEARING ON THE APPLICATION BY LOEWEN DEVELOPMENT FOR PRELIMINARY SUBDIVISION PLAT APPROVAL OF PROPERTY AT 998 KING. Trustee Degling proposed an amendment that the public hearing be delayed until the Board Meeting on February 23, 1999. His rationale was that the property adjoined the Blind Brook Club, and since the Board had not heard from the Committee, the property might be of interest to the Committee and the Village. He suggested that the hearing be delayed so that the Blind Brook Acquisition Committee might have time to review the issues. Trustee Pellino asked Village Attorney Powell for his opinion on whether there were any time constraints. Mr. Powell said there were none. The Board discussed the possibility of delaying the hearing, and since there was no second to Mr. Degling's amendment, the Board proceeded with a vote on the resolution calling for the public hearing. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON APPLICATION FOR SUBDIVISION PLAT APPROVAL LOEWEN DEVELOPMENT (FORMERLY BLIND BROOK ESTATES) 998 KING STREET RESOLVED,that the Board of Trustees will conduct a public hearing in Village Hall, 938 King Street, Rye Brook,New York on January 26, 1999, at 7:30 p.m. on the application of Loewen Development requesting Preliminary Subdivision Plat Approval for the property at 998 King Street, Rye Brook,New York. Trustee Degling Voting No Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5 January 5, 1999 6. CHECK REGISTERS. Village Administrator Russo read the resolution and there was brief discussion. Trustee Degling noticed there was an item of about $2,000 for temporary and summer interns, and asked about the expense. Administrator Russo noted that there were two positions open in the Village and the expense item was for temporary help in the Recreation Department and in the Administration Office. On the motion of Trustee Zuckerman, seconded by Trustee Strum, the following resolution was adopted: RESOLUTION CHECK REGISTERS WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment: On line checks 20008-20090 Payroll 27728-27875 Envirorunental 177- 179 NOW, THEREFORE,BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook after audit hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye DISCUSSION: 7. K& M REALTY'S DRAFT PROPOSED DEIS FOR THE BOWMAN AVENUE PROPERTY. The Mayor asked for a presentation from Planning Consultant Christian K. Miller of F. P. Clark Associates. Mr. Miller noted that the Draft Environmental Impact Statement (DEIS) had been submitted two years after a Positive Declaration had been approved for the project, and that his office had prepared a completeness review of the DEIS documents. Mr. Miller noted that his office had submitted an 8-page memorandum to the Village, which recommended requiring additional information from the applicant. Mr. Miller also noted that additional information had been requested by Dvirka and Bartilucci Consultants, and that additional information had been requested from Dolph Rotfeld PE Associates. Trustee Strum thought Mr. Miller's review was particularly fine work. He asked if there should be 6 January 5, 1999 additional review of non-residential uses. Mr. Miller responded that there were two issues -- of SEQRA, and of the Scope -- relevant to his review and whether to allow residential uses. Trustee Strum and Mr. Miller discussed residential uses. Trustee Strum made the point that since the shopping center and the school were in the area, there were no other residential uses. He thought it would make more sense to examine more commercial or other appropriate uses of the property. Trustee Zuckerman recalled that the Board had changed the zoning from residential to commercial for this property. He agreed with Trustee Strum that residential development backing onto the Shopping Center was not a compatible use for the property. He also praised Mr. Miller's review, especially regarding the impacts on the Blind Brook from the four developments upstream -- Bellefair,Reckson, Arrowwood/Pfizer, and Red Roof Farm. Trustee Degling agreed with the other Trustees that the proposal for residential uses on the property was not a compatible use for the property. He commented that if any approvals were granted, the Village should require a large fence along the brook. Trustee Zuckerman also recalled that the property was in the Harrison school district, and that in the future, if any students lived there, they would have to be bused to school. Mayor Filipowski asked what action should be taken, and Mr. Miller recommended that the Village adopt an short resolution deeming the DEIS inadequate for public review. He also noted that the Village Administrator should write a letter communicating this information to the applicant. Trustee Zuckerman asked if there were any further time constraints on the project. Mr. Miller stated that the Board's action this evening met the deadline, and after that there were no further deadlines until the developer responded to the deficiencies, provided the additional information requested, and submitted a revised DEIS. Mr, Ken Heller of Lincoln Avenue commented that there were major water problems with the property from the Brook. He stated that the Board should also consider upstream impacts on the Blind Brook from the Westchester County Airport, and downstream impacts upon the Indian Village neighborhood in the City of Rye. He also felt that the NYS DEC had an order on the property regarding the"distillants" and that no further action could be taken on the property until the State issued a clean bill of health, or signed off, for the property. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION DECLARING K & M REALTY DEIS FOR THE BOWMAN AVENUE DEVELOPMENT INADEQUATE FOR PUBLIC REVIEW RESOLVED,that the Bowman Avenue Development DEIS submitted by K&M Realty is deemed inadequate for public review and the Village Administrator is directed to communicate the deficiencies to the applicant. (Vote appears on the next page.) 7 January 5, 1999 Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye The Mayor opened the floor to comment from the Board. Trustee Zuckerman extended an invitation and the Board agreed to invite the outgoing Port Chester Fire Chief to attend a Village Board meeting and make a report, and then invite new Chief George Szczerba in to make comments on his vision for the department. Trustee Pellino commented that he, Trustee Strum and the Village Administrator had attended the installation ceremony for Chief Szczerba, which was a very nice event. ,With that, Mayor Filipowski noted that the Village had an announcement for a distinguished personality, for Mrs. Lori Ann DeMarco-Contadino who was moving on from her position as Senior Coordinator of the Rye Brook Senior Center. The Mayor had two items for Mrs. DeMarco-Contadino. The first item was a commendation from the Village for her 15 years of service to the Village. The second item was a lifetime membership to the Posillipo Center, upon her reaching age 60. Mrs. DeMarco-Contadino had a few words to say, noting how fast the past 15 years had passed. She noticed how much had been accomplished during that time, how much she owed to the Board of Trustees, both past and present, to Village Administrator Chris Russo, and to the Rye Brook Seniors. She looked forward to a future that would hopefully be brighter than the past. Upon applause for Mrs. DeMarco-Contadino, the Board adjourned at 8:25 p.m. for goodwill and refreshments. Respectfidly submitted, Christopher J. Russo, Village Clerk 8