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HomeMy WebLinkAbout1999-02-09 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,FEBRUARY 9, 1999—7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PRESENTATION: • RECOGNITION AND ACCEPTANCE OF CONTRIBUTIONS FOR THE PURCHASE OF AUTOMATIC DEFIBRILLATORS FOR THE RYE BROOK POLICE DEPARTMENT. RESOLUTIONS: 1. CONSIDERING APPROVAL OF THE APPLICATION BY LOEWEN DEVELOPMENT FOR PRELIMINARY SUBDIVISION PLAT APPROVAL OF THE PROPERTY AT 998 KING STREET. 2. CONSIDERING AUTHORIZING APPROVAL OF AN AGREEMENT WITH WESTCHESTER COUNTY FOR THE EMPLOYEE ASSISTANCE PROGRAM. 3. RESCHEDULING A PUBLIC HEARING ON A DRAFT PROPOSED LOCAL LAW TO CONSIDER A MORATORIUM ON PLACEMENT OF WIRELESS TELECOMMUNICATIONS FACILITIES. 4. CHECK REGISTERS. MINUTES: 5. SEPTEMBER 15, 1999. REPORT: 6. STATUS OF PROPOSED AGREEMENT WITH WESTCHESTER COUNTY RE: IMPROVEMENT PROJECT AT RICH MANOR PK. NEXT TRUSTEES MEETINGS: GRIEVANCE DAY-- FEBRUARY 16, 1999, 6 - 10 P.M. FEBRUARY 23, 1999 and MARCH 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 FEBRUARY 9, 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 Gary J. Zuckerman Trustee Joseph Pellino Trustee Eugene R. Strum Village staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Village Engineer, Victor Carosi,P.E. Assistant to the Administrator, Richard C. Slingerland Tom 11roncich, Superintendent, Parks and Recreation Robert Santoro,Police Chief Christian K. Miller, F.P. Clark Associates, Inc. Debby C. Ybarra, Temporary Secretary to the Village Administrator PRESENTATION: • RECOGNITION AND ACCEPTANCE OF CONTRIBUTIONS FOR THE PURCHASE OF AUTOMATIC DEFIBRILLATORS FOR THE RYE BROOK POLICE DEPARTMENT. Chief Santoro explained the donation and funding for the new defibrillators. He explained that the Village had some defibrillators a few years ago, but that there had been problems with the cost and length of training to use them. Trustee Zuckerman asked how many defibrillators the Village would be able to buy, and the Chief stated that the Village planned to buy four. RESOLUTIONS: 1. CONSIDERING APPROVAL OF THE APPLICATION BY LOEWEN DEVELOPMENT FOR PRELIMINARY SUBDIVISION PLAT APPROVAL OF THE PROPERTY AT 998 KING STREET: February 9, 1999 Village Administrator, Christopher Russo pointed out two changes to the resolution before he read it. On the second page the sum of recreation fees was reduced by $300 to $25,550. In addition he noted a recommendation of Village Attorney Kenneth Powell, noting that item three was removed from the resolution. Mr. Russo then read the amended resolution. Trustee Pellino asked Mr. Powell why provision number three was removed. Mr. Powell replied that the applicant advised that the NYS DOT does not grant driveway cut approval until the request for building approval is made. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION LOEWEN DEVELOPMENT OF WESTCHESTER LLC SUBDIVISION PLAT APPROVAL 998 KING STREET SECTION 1,BLOCK 5,LOTS 813-211 AND 8C WHEREAS, on or about November 20, 1998, Loewen Development of Westchester LLC, 2251 Palmer Avenue, New Rochelle,New York, 10801, made an application to subdivide 3.152 acres of land in the Village of Rye Brook, situated at 998 King Street in an R-20 zoning district; and WHEREAS, on February 25, 1997, prior to the making of this application, approval was granted for a 4 lot subdivision which plan could not be implemented because of private enforcement of a restrictive covenant, which was not a part of the subdivision review process (Blind Brook Club Inc., v. Peter Murray and Harold Goldberg, Index No. 96-17450), and that prior subdivision approval has now expired; and WHEREAS,this new subdivision application seeks approval to subdivide the property into 2 lots of 1.55 acres (Lot A) and 1.6 acres (Lot B); and WHEREAS,the application was referred to the Planning Board for a report and recommendation and the Planning Board recommended approval of the proposed subdivision plat; and WHEREAS, on January 26, 1999, a public hearing was conducted on the application upon due notice at which public hearing all persons were afforded an opportunity to be heard; and WHEREAS, the plans constituting the application consist of the following: Preliminary Plat of property for Loewen Development of Westchester LLC, Village of Rye Brook, Westchester County,New York, dated November 20, 1998, last revised January 13, 2 February 9, 1999 1999, prepared by Ralph George Mastromonaco,P.E., Consulting Engineers, 13 Dove Court, Croton-on-Hudson,New York, 10521 (one sheet); and WHEREAS, it is found that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes, based on an evaluation of the present and anticipated future needs for park and recreational facilities, including projected population growth to which this subdivision will contribute, but, after assessing the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities as well as additional facilities in the immediate neighborhood, a suitable park or parks of adequate size to meet the requirements cannot be properly located on the subdivision plat, therefore, in lieu thereof, a recreation fee shall be paid; and WHEREAS,based upon a review of the environmental assessment form, public comments, recommendations and considering the nature of the application, which seeks approval to construct 2 single family dwellings in a residential area,the proposed action is found to be an unlisted action under the State Environmental Quality Review Act, which action will not have a significant adverse impact on the environment and, therefore, a draft environmental impact statement will not be prepared. NOW, THEREFORE, BE IT RESOLVED,that the accompanying negative environmental declaration is adopted under the State Environmental Quality Review Act; and it is further RESOLVED, that the application for plat approval, as shown on the plans identified above, is granted and the Mayor is authorized to sign the final plat, subject to the following conditions. CONDITIONS TO BE COMPLETED BEFORE THE PLAT IS SIGNED 1. Prior to the signing of the plat, a recreation fee in the sum of$25,550 shall be paid to the Village. If not paid within 90 days after the adoption of this Resolution, the recreation fee shall be determined in accordance with the fee schedule in effect at the time the applicant requests the final plat be signed. 2. Prior to the signing of the plat, the plat shall be endorsed by the Westchester County Department of Health, if required. 3. Prior to the signing of the plat, all environmental and professional review fees incurred by the Village in connection with the application shall be paid in full, satisfactory to the Village Administrator. 4. Prior to the signing of the plat, the plat shall be revised satisfactory to the Village's Planning Consultant to include a note providing that no principal building shall be located 3 February 9, 1999 within 110 feet of the front lot line, and that no accessory building shall be constructed in the front yard, on either lot. OTHER CONDITIONS 5. The applicant shall submit five (5) copies of the final plat showing the endorsement of the County Clerk to the Building Inspector within 30 days of the filing of the plat. 6. The applicant shall furnish a copy of this final subdivision resolution to each purchaser of a lot in the subdivision prior to the transfer of title and shall present verification to the Village Attorney in the form of a receipt signed by the purchaser. and be it further RESOLVED, that this conditional final plat approval shall expire within 180 days after the date of adoption of this Resolution unless all requirements stated in this Resolution to be completed prior to the signing of the plat, are certified as completed, unless this approval is extended on application to the Board of Trustees. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 2. CONSIDERING AUTHORIZING APPROVAL OF AN AGREEMENT WITH WESTCHESTER COUNTY FOR THE EMPLOYEE ASSISTANCE PROGRAM. Mr. Russo read the Resolution. Trustee Strum asked if an employee was added to the Village roster during the year, would that person be covered under the agreement? Mr. Russo responded that the new employee would be covered. (Resolution appears on next page.) 4 February 9, 1999 On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION APPROVING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR THE EMPLOYEE ASSISTANCE PROGRAM RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with Westchester County for the period of January 1, 1999, to December 31, 1999, under which the Village will receive administrative, managerial and referral services for the employee assistance program for the sum of $1,350 ($25 per employee); and it is further RESOLVED,that the Mayor is authorized to execute 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. RESCHEDULING A PUBLIC HEARING ON A DRAFT PROPOSED LOCAL LAW TO CONSIDER A MORATORIUM ON PLACEMENT OF WIRELESS TELECOMMUNICATIONS FACILITIES. Mr. Russo explained that this was a revised law, and he had not included a resolution so that it would be left open to the Board as to when they wanted to consider it. Trustee Strum asked if the publication date could be met. After consulting with Mr. Slingerland and Mr. Powell, Mr. Russo determined that the publication date could be met. Mayor Filipowski asked Mr. Powell what his progress was on drafting a law for Rye Brook using the existing laws from neighboring communities. Mr. Powell informed him that it was a work in progress and he is moving forward on developing the law. Trustee Zuckerman suggested that a public work session be scheduled. Mayor Filipowski asked Mr. Powell if a draft of the law could be ready for a work session. A work session was scheduled for February 16. 5 February 9, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO BE KNOWN AS THE INTERIM DEVELOPMENT LAW TO ESTABLISH A 6-MONTH MORATORIUM ON THE PLACEMENT OF WIRELESS TELECOMMUNICATIONS FACILITIES RESOLVED, that the Board of Trustees will conduct a public hearing on Tuesday,February 23, ,1999 at 7:30 p.m. in Village Hall located at 938 King Street, Rye Brook,New York to consider a proposed Local Law to be known as the Interim Development Law to establish a 6-month moratorium on the placement of wireless telecommunications facilities in the Village of Rye Brook. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. CHECK REGISTERS. Mr. Russo read the check registers. Trustee Zuckerman inquired as to why the Board did not have a list of check numbers, and why the Board did not have the payroll list. Mr. Russo stated that the payroll could be provided for later meetings if the Board so requested. Mr. Russo then deferred to Trustee Pellino, who gave a brief explanation as to why the check numbers were not available. There was then brief discussion on the issue, and on the issue of Trustee Zuckerman's abstention from voting on the Payroll register. The Board proceeded to vote on the check registers, as separated based on Trustee Zuckerman's vote. On the motion by Trustee Pellino, seconded by Trustee Degling, 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 20196-20275 6 February 9, 1999 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 On the motion of Trustee Pellino, seconded by Trustee Degling, 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: Payroll 28259-28362 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 Abstained Mayor Filipowski Voting Aye MINUTES: 5. SEPTEMBER 15, 1999. There was a brief discussion as to a repeated page. Trustee Zuckerman made a correction to a sentence on page 10, replacing"that community"with, "and in the contract with that community" and discussion ensued on that correction. On the motion by Trustee Strum, seconded by Trustee Pellino, the minutes for September 15, 1999 were 7 February 9, 1999 adopted as amended: Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye REPORT: 6. STATUS OF PROPOSED AGREEMENT WITH WESTCHESTER COUNTY RE: MPROVEMENT PROJECT AT RICH MANOR PARK. Mr. Russo explained that Mr. Slingerland had been working on this issue. Mr. Slingerland gave his report regarding the status of the project. Trustee Degling asked about the fact that new exhibits B-F were added to the contract, but were not mentioned anywhere in the contract. Mr. Slingerland said that he would address the issue and add language to the contract addressing exhibits B-F. Mr. Slingerland also said that he had contacted our Risk Manager about the Village holding the County harmless and it would not be a problem. Finally Trustee Degling inquired about the Flood clause in the contract and its relevance. Mr. Slingerland replied that since this contract was being funded with Federal money, it was probable that the clause was standard and required in all Federal contracts. The mayor opened the issue to comments fi-om the audience. Peter Bernbaum of Rye Brook commented on the Rich Manor project saying the proposal, or at least that the part released to the public, was objectionable and at times false. It was Mr. Bernbaum's opinion that the residents in the area had become "lost in the shuffle". Mr. Bernbaum went on to voice some of his objections on the proposal including: the proposal being a total waste of green space,the increase in the size of a pool that would attract "critters," an unnecessary dirt walkway that would take up 4,000 sq. feet, or 1/10th of an acre, no access to the pond for ice skating, the problem of geese in the area, the fact that the only person speaking in favor of the proposal was the person being paid to develop it, and the matter of public safety. There was brief discussion of the project and its environmental issues between Trustee Strum and Christian Miller, of F. P. Clark Associates. Trustee Zuckerman asked if F. P. Clark could look into the possible problems with the proposal. There was some discussion on the matter of who, if anyone, could look into the project's problems, and how soon it could be done. On the suggestion of Trustee Zuckerman, the Mayor asked if a representative of the Environmental Commission could give their opinion on how to proceed. Harvey Schiller, a member of the Environmental Commission who lives at 26 Meadowlark Road, addressed the Board and said the Commission had never seen the plans for this project, and that it had never been submitted for their advice. Peter Silton, also on the Environmental Commission said that he was not sure it was an issue for the Commission. There was discussion with the audience as to who 9 February 9, 1999 should deal with the issues, where the Board should go from here, and general community feelings on the proposal, including comments from Jody Brackman and Ken Heller on community response to the proposal. Mr. Slingerland addressed the issue of the flood basins saying that in the proposal there would end up being a net increase in volume for flood-retention, due to plans for dredging the brook. He stated that he sent out notices to three dozen homes on the proposal. Mr. Russo suggested that the Village Engineer could look at the proposal, and the Board agreed that this was a good idea. The mayor asked if there were any further questions. There being no further questions or comments the mayor closed the discussion. Mayor Filipowski then informed the community that the next Trustees Meeting for Grievance Day would be on February 16, at Village Hall from 6 to 10 p.m. The next Trustee Meeting was set for February 23" 1999, at Village Hall at 7:30 p.m., and then March 9' as the next meeting after that. The mayor then opened the floor up to any comments from the floor. Anne Campbell of Bonwit Road asked if Old Orchard Road was going to be opened up in addition to Old Oak Road to handle some of the traffic from the Red Roof Farms project. Mrs. Campbell also voiced her concern about trucks idling in the early morning, and dirt accumulating on the street. The mayor stated that he had gotten a number of complaints on this issue and asked Victor Carosi, the Village Engineer to look into it. Mr. Carosi stated that there are two fronts that are affecting the situation right now, and that there are two sets of construction proceeding. He also stated that the construction might not begin before 8 a.m. and if construction began or trucks were idling before 8 a.m. then residents could call the police. Mr. Carosi went on to explain that the Village is doing all it could to work with the developer to keep the area safe, and to cause as little inconvenience as possible for the residents. Peter Silton asked Mr. Carosi to address the issue of the materials laying around the streets, and what repairs would be made to the damaged areas of the Village. Mr. Carosi explained that the pipes laying around are due to the developer getting an additional delivery of pipes, which are now in the process of being removed. Any restorations that are necessary are covered by the developer through the Village. Mr. Carosi assured everyone that the Village would make sure that any restorations that needed to be made to property would be done before he would sign a Certificate of Occupancy for the developer. He stated that if anyone felt as though the proper restorations were not made, they could contact him and he would make sure that the appropriate steps were taken. Mr. Carosi explained that the drainage project would be a large help to the Village in the long run and requested everyone to have patience with the construction. The mayor asked Chief Santoro if he had logged any complains about early morning truck activity on Bonwit Road. The Chief said that he would check the blotter for the area. The mayor asked Chief Santoro to be aware of the fact that flag men should be posted on Lincoln Avenue. Mr. Carosi added 9 February 9, 1999 that one of the hocks parked on Mohegan is big and hard to maneuver, so although it is an inconvenience, parking it there is the best possible option. The other truck however, did not belong there and Mr. Carosi stated that he informed the developer that truck must be moved. Mr. Silton commented on the fact that the developer should not be able to leave his trash or pipes on the road for any amount of time. He also suggested that Bonwit be closed until the conditions improved because the curve had become very dangerous. The mayor asked Chief Santoro to check out the situation. He then asked Mr. Carosi to look into the issue of the pipes on the roadway. Mr. Carosi briefly explained the thinking behind the pipes being left on the road for up to three weeks and touched on the issue of leaving Bonwit open for emergency access and not restricting people from their homes. Norma Miller of 12 Old Oak echoed the request to open a second access road to the construction, and turning off the motor of the truck while they are not moving. Mary Ellen Sullivan of 269 Betsy Brown Road asked about standards and practices on erosion control, which Mr. Carosi briefly addressed. Mrs. Sullivan then stated that gravel was washing down onto the Road. There was then some discussion on retention basins and when they will be set up to help with the run off problem. Mrs. Miriam Shapiro of 9 Old Oak Road, said that her driveway was full of mud each day, and that the trucks beeped when they backed up. Mr. Carosi said that he would look into the mud, but the trucks must beep when they drive in reverse due to safety reasons. Trustee Degling stated that in the last few meetings there had been complaints about flooding in residents' basements. He asked if Mr. Carosi thought the new drainage would help. Mr. Carosi responded that it would be hard for him to tell where specific water is coming from, but he felt that the new system might help with some of those problems. Trustee Zuckerman thought Rye Brook had an idling law. Chief Santoro said that we did not, but that the New York State Department of Transportation has one, however there are certain exceptions. Trustee Zuckerman asked the Chief to look into that. He then asked how long the off-site construction would be going on for, since little league baseball season was approaching in that area. Mr. Carosi said that they were hoping for two months, but were looking right now at three months. He also stated that they had taken the park into account and did not feel that there would be a problem. Trustee Pellino urged Mr. Carosi to talk to the developer and explain that it is inexcusable for there to be noise before 6:30 a.m. Chief Santoro said that he would look into this issue and possibly place an officer on the site to ensure that no work was taking place. Mr. Silton made a comment on wetland replacement. Trustee Strum and the Mayor briefly responded by saying that they had followed the recommendations of the experts the Village had consulted. Mr. Heller noticed that Lincoln Avenue had become a dump for sand and gravel, and that the developer was using designated parkland as a dump for his materials. Mr. Carosi gave a brief response stating that 10 J February 9, 1999 this dealt with the same issues as storing pipes on the street, and that the pile would be removed as soon as possible. Pearl Friedman, of Old Oak Road, asked why Old Orchard could not be opened. There was a short discussion on this issue and Mr. Carosi promised to look into it. Trustee Degling noted that the Journal News did not have any record of our Village Meetings, and he suggested that we have a policy to send them our meetings to be published. Trustee Zuckerman asked about the status of the Lieutenants' exam, and asked if the Board could canvass the civil service list. Trustee Strum noted that this was a personnel issue and that it should be discussed in executive session. The mayor thanked everyone for their comments and concerns and hoped that the Village could have answers for them all by the next meeting on February 23rd. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Christopher J. Russo Village Clerk 11