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HomeMy WebLinkAbout1999-03-09 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 9, 1999— 7:30 P.M. WORK SESSION-- 6:30 P.M. ON TELECOMMUNICATIONS FACILITIES LAW PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARING: 1. ON THE SPECIAL PERMIT APPLICATION FOR 538 WESTCHESTER AVENUE. 2. CONSIDERING THE APPLICATION BY ORNSTEIN LEYTON COMPANY RE: RED ROOF FARM PROPERTY SEEKING AMENDED SUBDIVISION AND SITE PLAN APPROVAL. RESOLUTIONS: 3. CONSIDERING AUTHORIZING A PROPOSED AGREEMENT WITH WESTCHESTER COUNTY RE: IMPROVEMENT AND STREAM BANK RESTORATION PROJECT AT RICH MANOR PK. 4. CONSIDERING CALLING FOR A COUNTY-WIDE PROPERTY REVALUATION. 5. CONSIDERING AUTHORIZING A CONTRACT WITH KJM CONSTRUCTION MANAGEMENT CORP. FOR INSPECTIONS IN CONJUNCTION WITH RED ROOF FARM DEVELOPMENT. 6. CONSIDERING REFERRING TO THE PLANNING BOARD FOR A REPORT AND RECOMMENDATION THE APPLICATION BY THE BLIND BROOK CLUB TO MODIFY ITS SITE PLAN FOR THE DRIVING RANGE AND PRACTICE GREEN. 7. CALLING FOR A MEETING ON MARCH 16, 1999,AT 9:30 P.M. FOR THE CANVASS OF VOTES. 8. CHECK REGISTERS. — more— March 9, 1999 PAGE 2 MINUTES: 9. SEPTEMBER 22, 1998. 10. DECEMBER 15, 1998. DISCUSSION: 11. SCHEDULING A FINAL WORK SESSION ON THE REVISIONS TO THE ETHICS CODE. 12. SANITARY SEWER INSPECTIONS TO BEGIN BY MARCH 1. 13. TALCOTT WOODS -- SITE PLAN PROCEDURES. 14. STATUS -- CUB SCOUTS BIKE-A-THON. 15. TRUSTEE ZUCKERMAN--RESOLUTION CALLING FOR A RYE BROOK ZIP CODE. REPORT: 16. MAYOR FILITOW SKI-- STATUS OF FII2E NEGOTIATIONS. COMMUNICATIONS: 17. DONNA M. SHERRY: REQUESTING USE OF THE POSILLIPO CENTER FOR UCP'S SUMMER CONDUCTIVE EDUCATION CLASSES. NEXT TRUSTEES MEETINGS MARCH 23, 1999 APRIL 13, 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. 17 MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK MARCH 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 Joseph Pellino Trustee Eugene R. Strum Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Village Treasurer, Joseph Cortese Village Engineer, Victor Carosi, P.E. Assistant to the Administrator, Richard C. Slingerland Planning Consultant Christian Miller, F. P. Clark Associates WORK SESSION --6:30 P.M. ON TELECOMMUNICATIONS FACILITIES LAW PUBLIC HEARINGS: 1. ON THE SPECIAL PERMIT APPLICATION FOR 538 WESTCHESTER AVENUE. Mr. Gary Gianfrancesco of Arconics, Inc.,Planning Consultants, spoke on behalf of the applicant and presented the proposal. He explained that the application was totally Code compliant, and had been recommended by the Planning Board. Trustee Strum asked about the subdivision, and noted that both properties fronted both Bowman and Westchester Avenues. Trustee Strum wanted assurances that there would be no through access to both streets. Mr. Gianfrancesco assured him that there would be no through access. Trustee Pellino had questions about lighting to be used, and Mr. Gianfrancesco noted that the proposed lighting would not be directed towards neighboring homes. Trustee Pellino also asked whether the Fire Department had been involved, and Mr. Miller commented that their input could be requested. Trustee Zuckerman asked about the change of use from residential to commercial, and whether it would be totally a commercial use. Mr. Gianfrancesco assured him that it would be. Mr. Christian Miller commented on sidewalks and curbing, and how the applicant would have to make any repairs necessary. On the motion of Trustee Zuckerman, seconded by Trustee Strum, the board voted unanimously to close the hearing. March 9, 1999 2. CONSIDERING THE APPLICATION BY ORNSTEIN LEYTON COMPANY RE: RED ROOF FARM PROPERTY SEEKING AMENDED SUBDIVISION AND SITE PLAN APPROVAL. Bruno Gioffre, Esq., made a presentation requesting relief from some of the conditions that had been imposed in the subdivision approval for this property. He noted that the appropriate notice had been given to the surrounding homeowners. Mr. Bob Roth of John Meyer Consulting, Engineers for the applicant, presented the request for the applicant regarding an interim condition regarding runoff from the site while the drainage system for the subdivision was being installed. He noted that there were concerns raised both by Dolph Rotfeld Associates and Village Engineer Victor Carosi. The developer was seeking to store runoff from the property on the west side of the property. He commented that the proposal involved scraping off the topsoil from the area planned for the proposed ballfield, and using it as a temporary water storage area. He explained that it would be adequate for a "10-year" storm, or a storm that would be considered a worst-case scenario storm over a 10-year period. Mr. Gioffre felt that the developer was trying to keep the site and the surrounding neighborhood in the best condition possible. He felt that the developer was doing everything possible to satisfy the concerns of the Board and the conditions of the approval resolution were being satisfied. Trustee Strum commented that he had a different view about the definition of a 10-year storm, and directed Mr. Gioffre to a recent memo received from Dolph Rotfeld Associates. He wanted it included in the record, and it is attached at this point in the record. Memorandum To: Christopher Russo, Village Manager Victor Carosi, P.E., Village Engineer Village of Rye Brook From: Dolph Rotfeld, P.E., DEE Date: March 4, 1999 Re: Red Roof Farms, Rye Brook(V) We reviewed the request of the developer of Red Roof Farm to commence construction of the house foundations at the site prior to completion of the on-site and off-site drainage work. The following are our comments. We visited the site with Victor Carosi to determine the extent of the work currently underway. We specifically examined the existing"low area"located along the western property line as an interim storage basin for the site's drainage. This area served as the primary storage of the site's runoff in the pre- developed condition. According to the developer's drainage study, which was submitted during the subdivision process, this area in the pre-developed condition was capable of fully detaining the runoff volume up to the 10 year storm for the entire western watershed. The accumulated runoff evidently percolated into the ground as there is no known outlet to any watercourse or existing drainage system. 2 1 March 9, 1999 The developer purports that this same area can be used currently to perform the same function and proposes to introduce pumping of the storm water to an existing drainage system in the Village park when the elevation reaches"flooding levels." This interim proposal to handle the storm water runoff would remain in place until the off-site drainage line is constructed and connected to the project site. We cannot support this action for the following reasons: • It appears that the site, specifically the western watershed, has been completely disturbed with all existing vegetation removed and most of the area rough graded and left as exposed soil. This seems to be in direct conflict with the approved drawings entitled, "Red Roof Farm Subdivision - Final Construction Drawings", latest date July 24, 1998, Sheet SP-2 Grading Plan and PL-1 Disturbance Plan. The removal of existing vegetation results in an increase in the runoff volume of storm water due to the elimination of the absorptive capabilities of ground cover. Further, the removal of the vegetation and the exposure of the bare soil increases the peak rate of runoff to the design point. Therefore, the current site condition does not replicate the condition that existed prior to construction. The result is that the low area will fill with storm water runoff much more quickly and will remain full for a longer period of time. This may result in the exacerbation of what was termed the"unfavorable condition for basements of adjacent downstream properties in the immediate vicinity of the southwest corner of the site", which was identified on page 5 of the developer's drainage report entitled, "Storm water Management Report -- Red Roof Farm Subdivision", dated September 25, 1997. • Further, it appears that the site is not in compliance with the approved plan Sheet SP-4 Sedimentation and Erosion Control. Without sedimentation and erosion control implemented the peak rate of runoff from the site increases and the sediments from the soil settle in the low area adjacent to the western property line. We suggest for this proposal to be considered that at a minimum the following be provided to the Village: • The site should immediately be placed in compliance with the approved Sedimentation and Erosion Plan contained in the plan set. • The developer's engineer should submit the appropriate analysis outlining the effect that this proposal will have on the area's hydrology. The analysis should include a comparison of the time to peak, runoff volume and the difference in storage duration in this low area, in the pre- developed condition and the current condition. The analysis should include what pumping would be necessary to replicate the pre-development condition in terms of volume and duration of flooding of the low area. The analysis should identify what, if any, impact this proposal would have on the hydrology of the adjacent properties. • A description of the pump(s), placement of the intake and the maintenance and monitoring of the system needs to be included. Upon submission of this data we would continue our review of this proposal. * This point notes the end of the memo. 3 _ I March 9, 1999 Trustee Strum asked the developer why the conditions in the memo had been ignored. Mr. Gioffre replied that while the conditions in the original approval might have been technically accurate, they were unrealistic. Trustee Sham wanted to make sure that the homeowners along the Red Roof Property were adequately protected, particularly in the southwest corner. Trustee Zuckerman commented that during the entire course of the Village's studies and reviews, the major concern was runoff, both during and after construction. He commented that based on the opinion of the Village's engineering consultant, he was loath to change the plan as approved after a year had passed since the original approval. Trustee Degling commented that the developer's engineer should provide the Village with the appropriate analysis. He commented that what the Village had seen presented is a plan that intends to use the Village's recreation land as the retention basin, which raised the question in his mind as to whether the Village was receiving land that could be used as it was intended to be used. Trustee Degling summed up his feelings about the proposal, stating that the developer had not answered Mr. Rotfeld's comments and had not addressed what would happen after the project was completed. The developer commented that his engineers had analyzed the comments from Mr. Rotfeld and were responding to the issues he raised in the memo. Trustee Pellino responded that the Board's concerns were for the adjacent residents, and he felt that the proposal had not adequately addressed the comments of Mr. Rotfeld which related to their protection. Next the Mayor opened the floor to comment, and there were numerous residents who wanted to comment on the proposal by the developer for relief from the conditions of approval. The residents who spoke against the proposal were as follows: Mr. Henry Lowett of Greenhouse Circle, Mr. Ken Heller of Lincoln Avenue, Ms. Laura Feinstein of Betsy Brown Road,Dr. Carlos Rish, Mr. Daniel Rucik of Bonwit Road, Mr. Richard Rosenstein of Winthrop Drive, Mr. Douglas Conrad of 10 Mohegan Lane, Mr. Richard Campbell of Bonwit Road, Mr. Joel Binstock of Bonwit Road,Mrs. Mary Ellen Sullivan of Betsy Brown Road, Mr. Ken Cohen of Bonwit Road,Mrs. Ina Wisher of Knollwood Drive, Mr. Peter Silton of Bonwit Road, Mrs. Lucille Gennare of Bonwit Road, and Mr. Carl Austin of Bonwit Road. All of these residents spoke very vocally and passionately against the request by Ornstein/Leyton Developers to revisit the conditions imposed on the subdivision of Red Roof Farms. The primary problems raised were storm water runoff, property and basement flooding and landscaping damage. The Mayor and Board members had some final comments about their impression that the developer was handling the construction site poorly, that there was dust and dirt on the surrounding properties and making a mess of the surrounding homes, and they suggested that the developer assign someone specifically to handle all of the complaints from the community. With that, on the motion of Trustee Strum, seconded by Trustee Pellino, the Board of Trustees voted unanimously to close the public hearing. RESOLUTIONS: 3. CONSIDERING AUTHORIZING A PROPOSED AGREEMENT WITH WESTCHESTER COUNTY RE: IMPROVEMENT AND STREAM BANK RESTORATION PROJECT AT RICH MANOR PK. 4 March 9, 1999 The Mayor asked Mr. Russo to read the resolution, and then he opened the floor for discussion. Assistant to the Village Administrator Richard Slingerland commented that he had visited the site, and that the Village had performed composite tests on the soil that would be scraped from the bottom of the brook. The test results showed that the soil was clean and that it was fine to use on the field in Rich Manor. He noted, however, that the environmental testing company had recommended against mixing the soil with the Village's compost, since gardens and vegetables might be grown using the compost. Mr. Slingerland commented that the goose problem at the park is very severe, and it was the hope of the County and the County's contractor to reduce that, but that if the landscaping did not set off the instinctive response and fear of predators that the County's biologist had hoped, then the Village should consider other methods of goose control. Trustee Zuckerman was happy about the results of the tests for mercury, which showed that the silt was clean. He asked whether the plans for the park were final, and was concerned about how the Village was supposed to "discourage large mowed lawns," since it might take away a large usable portion of the park. Trustee Zuckerman felt that by moving the proposed landscaping further inland, the large usable field could remain. Trustee Strum commented that the unmowed area was intended to keep the geese away from the area because it set off an instinctive response. Trustee Pellino commented how the buffer area was primarily intended to filter nutrients and feces from the brook and improve water quality. Trustee Degling asked to add the word"Attorney"to the agreement, in reference to the County Attorney. The Mayor opened the floor to comment from the public, and Mr. Jules Harris of Rock Ridge Drive asked to speak. He commented on the poor quality of the park at Meadowlark Park, noting that the grassy area had degenerated into a dog-run, or dog walk area, and was littered with dog feces. He asked if any improvements for Rich Manor could be tied to Meadowlark Park, since the situation is terrible. Mr. Slingerland commented that he had spoken to Mr. Bernbaum and Mr. Sabia and that there was a graffiti and drinking problem along the easement between Acker Drive and Woodland Drive, and that it should be looked into and perhaps the police should make some additional enforcement efforts there. Mr. Peter Bernbaum of Acker Drive asked to speak about the landscaping proposal. He commented on the goose feces problem at the park, and likened it to "slippin' and slidin' ", and he urged the Board to remove the path and the"puddle", or vernal pool, from the landscaping project. He had a lot of concerns about the project, was concerned about mosquitoes and deer ticks. He asked the Board to listen to the residents in the area. Mrs. Jody Brackman of 76 Tamarack Road asked to speak next. She felt that the Village needed public access to green space, and that the path made sense because the park area was very wet. Trustee Zuckerman asked the Mayor to allow Mr. Bernbaum additional opportunity to speak on the buffer. Mr. Bernbaum felt that the additional buffer would not be a bad idea, as long as it did not add any mosquito or deer tick problems to the park. He was adamant about not having the path in the park, and felt that it was a destruction of green space. The Board proceeded to a vote. The resolution for this item appears on the next page. 5 March 9, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION AUTHORIZING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR RICH MANOR PARK WHEREAS,the Village of Rye Brook in a Resolution adopted on March 24, 1998, endorsed the principles of the Watershed Advisory Committee 3 (WAC 3) plan entitled, "Controlling Nonpoint Source Pollution in Long Island Sound;A Management Plan for the Watershed of Beaver Swamp Brook,Beaver Swamp Brook West, Blind Brook, Mamaroneck Harbor and Port Chester Harbor" dated January, 1998; and WHEREAS, in said Resolution Rye Brook recommended that the Village of Rye Brook work with other communities to implement where practicable the WAC 3 Plan for the purpose of protecting and improving the water quality in the Long Island Sound Watershed; and WHEREAS, the WAC 3 Plan states that: The retention basin in municipally-owned Rich Manor Park on Acker Drive also could be enhanced through better landscaping. This basin was formed in the channel of the east branch of the Blind Brook. The east side of the basin can easily be stabilized and improved from a water quality protection standpoint by planting aquatic and semi-aquatic vegetation. Aquatic vegetation should be planted on the unvegetated aquatic bench that exists along the basin's eastern shore and wetland (hydrophytic) herbaceous and woody vegetation should be planted along the basin's eastern embankment and adjoining flood plain which is currently maintained as closely cropped lawn. And WHEREAS, the project consists of dredging the brook to remove silt and the creation of a modified stream bank to include vegetation which will help prevent erosion and sedimentation in the brook, and which is expected to deter geese from utilizing Rich Manor Park; and WHEREAS, an extensive presentation of the project was conducted at a meeting of the Board of Trustees on Tuesday January 26, 1999, and further discussions of the project were held on Tuesday February 9, 1999; and WHEREAS,the plan also includes a walking path along the stream border for use by neighborhood residents and to provide a separation of the stream bank vegetation from grass cutting maintenance activities; and WHEREAS, the plan also includes the minor expansion of a vernal pool; and 6 March 9, 1999 WHEREAS,the Village solicited neighborhood input on the plan including holding a community information session on the project on January 19, 1999 through notice by letter to 35 residences surrounding and/or contiguous to the park, as well as to the membership of the Advisory Council on Parks and Recreation and the Advisory Council on Environmental Conservation and the Village has received an overall favorable reaction; and WHEREAS,the Advisory Council on Parks and Recreation and the Advisory Council on Environmental Conservation have endorsed the plan; and WHEREAS, Westchester County proposes to fund this project with an estimated $35,000 in Federal funds channeled to the Village through the assistance of Congresswoman Nita Lowey's Office; and WHEREAS,the Village of Rye Brook will bear the relatively minor cost of providing for transportation and re-use in the park of silt removed from the stream, the maintenance of waterfowl 'fencing, and future upkeep of the improvements. NOW, THEREFORE,BE IT RESOLVED,that the accompanying Negative Declaration under SEQRA is adopted; and it is further RESOLVED,that the Village of Rye Brook is authorized to enter into an agreement with Westchester County to provide a stream edge and wetland restoration project at Rich Manor Park; 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 CALLING FOR A COUNTY-WIDE PROPERTY REVALUATION. Mayor Filipowski asked Village Administrator Russo to read the resolution. Trustee Pellino felt that the Board should consider additional language to protect senior citizens on limited incomes from being overburdened by a property tax revaluation. He suggested that the resolution include a request for a phase-in of a property revaluation. Trustee Strum suggested language to change the resolution. There was some discussion, and Trustee Strum and the rest of the Board felt that the protections Trustee Pellino wanted would probably be covered under separate legislation. Trustee Zuckerman felt that if every municipality suggested changes, then the legislation would not come to pass. He suggested that Rye Brook and the other municipalities speak with a unified voice and support the legislation,without any amendments to the resolution this evening. Mayor Filipowski and Trustee Pellino discussed the 7 J March 9, 1999 matter further, and Trustee Pellino felt that the reason the governor had vetoed the resolution in the past was because of its lack of protections for businesses, seniors and veterans. The Board resolved their issues, and the Mayor asked for a motion on the resolution. He opened the floor to any comments from the public. Mr. Ken Heller of Lincoln Avenue asked to speak, and felt that senior citizens and veterans would be"slaughtered and destroyed"by a property revaluation. Mrs. Linda Fricke asked about a homestead exemption. She stated that residents like herself and Mr. Heller had paid taxes for decades, and that they did not want a free ride, but that they wanted some relief. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION CALLING FOR A COUNTY-WIDE PROPERTY REVALUATION WHEREAS,the Equalization Rates for municipalities vary, often to the detriment of taxpayers who find that disparities in the calculations of these rates cause some communities' residents to pay a higher County Tax Rate notwithstanding the overall reduction of the County Tax; and WHEREAS, if properties were assessed at their true value, rather than a percentage of true value, the use of an equalization rate would become unnecessary; and WHEREAS, for property to be assessed at true value, it would be necessary for a revaluation to take place which would be fair and equitable, and should be done county-wide; and WHEREAS, in order for that to be accomplished, it would require new State legislation, since similar legislation had previously been vetoed by the Governor. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the Board of Trustees of the Village of Rye Brook, New York, request that the County Board of Legislators take whatever action is required to re-initiate legislation calling for a County-wide revaluation of properties within Westchester County, by enacting legislation to protect and equalize the percentage reductions presently granted to Veterans and Senior Citizens; and be it further RESOLVED, that a copy of the Resolution be forwarded to the Westchester County Board of Legislators and the Villages, Towns and Cities within Westchester County, requesting them to pass similar resolutions of support and forward them to the Westchester County Board of Legislators. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 8 March 9, 1999 5. CONSIDERING AUTHORIZING A CONTRACT WITH KJM CONSTRUCTION MANAGEMENT CORP. FOR INSPECTIONS IN CONJUNCTION WITH RED ROOF FARM DEVELOPMENT. Mayor Filipowski asked Administrator Russo to read the resolution, and then opened the floor to comments from the Board. Trustee Degling asked for some history on KJM Construction. Village Engineer Victor Carosi commented that he needed separate eyes and ears in the field for inspections, and that a consultant could check in on the construction more frequently. Mr. Carosi continued that KJM had experience with major construction and sewer treatment plants, and was familiar with sewer and infrastructure construction. Trustee Zuckerman had a question about why the Village was not hiring an assistant building inspector. Mr. Carosi and Administrator Russo replied that the Village would soon be retaining the services of Emil Antonaccio, a retired building inspector from the Town of Somers, who would be able to keep an eye on the Red Roof and other construction proceeding in the Village. Trustee Degling hoped that Mr. Antonaccio would keep a firm hand on the construction. The Board proceeded to a vote on the item. On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was adopted: RESOLUTION ENGAGING KJM CONSTRUCTION MANAGEMENT INC FOR RED ROOF FARM INSPECTION SERVICES RESOLVED,that the Village of Rye Brook is authorized to enter into an agreement with KJM Construction Management Inc. to perform field inspections of infrastructure improvements in connection with the Red Roof Farm Subdivision, under the supervision of the Village Engineer, at the rate of$60 per hour; and it is further RESOLVED,that the cost of this agreement shall be funded from the escrow account established under the Red Roof Farm.Subdivision approval resolution; 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 6. CONSIDERING REFERRING TO THE PLANNING BOARD FOR A REPORT AND RECOMMENDATION THE APPLICATION BY THE BLIND BROOK CLUB TO MODIFY ITS SITE PLAN FOR THE DRIVING RANGE AND PRACTICE GREEN. Administrator Russo read the resolution, and the Board had a few questions about the project. Trustee 9 1 March 9, 1999 Pellino said the project seemed as if it would only be a realignment of the existing driving range. Planning Consultant Christian Miller explained that it entailed a site plan with impacts on wetlands and trees. Trustee Degling wanted to ask the Planning Board to keep a close eye on their review, particularly on the environmental aspects of the application. He noted that the Blind Brook Club had named themselves as Lead Agency on an assessment form they had submitted, and Mr. Miller responded that the designation was not appropriate, but that the Board of Trustees was Lead Agency. Mr. Miller felt that the application should also be referred to the Advisory Council on Environmental Conservation, and the Board agreed to amend the resolution for that referral. Trustee Pellino asked whether the applicant should submit a corrected Environmental Assessment Form. Village Attorney Ken Powell responded that it should be required, but was not necessary for referral to the Planning Board. On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION BLIND BROOK CLUB SITE PLAN AMENDMENT PRACTICE RANGE/PRACTICE GREEN RESOLVED, that the Village shall circulate a Notice of Intent to act as Lead Agency for the Blind Brook Club application for site plan amendment, and other related permits, in connection with the realignment of the golf practice range and creation of a new practice green; and it is further RESOLVED, that the application is referred to the Planning Board for a report and recommendation; and it is further RESOLVED,that the wetlands permit application is referred to the Advisory Council on Environmental Conservation for a report and recommendation; and it is further RESOLVED, that the applicant shall pay $3,500 to the Village to be deposited in the professional fees/environmental review fund, and such additional sums that may be requested to defray the cost of review of the application. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Abstained Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 7. CALLING FOR A MEETING ON MARCH 16 1999 AT 9:30 P.M. FOR THE CANVASS OF VOTES. Administrator Russo read the resolution, but noted that the Board had discussed holding the meeting on the following evening at 6 p.m. The Board discussed the matter and agreed on the change. Administrator Russo also asked whether the Board would meet afterwards in Executive Session on Grievances. The 1.0 March 9, 1999 Board agreed and the resolution was so amended. Trustee Zuckerman asked if the Board would be bringing in the Lieutenant candidates, but the Board felt that would be better at another time. On the motion of Trustee Strum, seconded by Trustee Degling, the following resolution was adopted as amended: RESOLUTION CALLING FOR A MEETING ON MARCH 17, 1999, AT 6:00 P.M. FOR THE CANVASS OF VOTES RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby calls for a Meeting on Wednesday, March 17, 1999, at 6:00 p.m. in Village Hall, 938 King Street, for the Canvass of Votes; and it is further RESOLVED,that the Board of Trustees shall meet as the Board of Assessment Review at 6:15 p.m. on Wednesday March 17, 1999 to deliberate on Grievance Day Filings. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 8. CHECK REGISTERS. Administrator Russo read the resolution, and Trustee Zuckerman asked about the bills amounting to approximately $17,000 for Dobart Lighting. He asked for how much work that covered. Mr. Russo noted that the contractor was slow in submitting his bills,which helped the Village since the money remained in the Village's accounts fora longer time. Trustee Zuckerman also had a problem with the payments for the pay-phone in Pine Ridge Park, since children had complained to him that it did not work. Police Chief Santoro commented that he would follow up on the matter. 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: On line checks 20433 - 20502 NOW, THEREFORE, BE IT 11 1 March 9, 1999 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 MINUTES: 9. SEPTEMBER 22, 1998. Trustee Strum had a correction regarding his inquiry about 2 left turns, stating that his comments should have read"2 left turn lanes." Trustee Degling also corrected the spelling of"principle" on page 8. On the motion of Trustee Strum, seconded by Trustee Degling, the Board agreed to adopt the minutes, with Trustee Zuckerman abstaining since he was not at that meeting. 10. DECEMBER 15, 1998. Trustee Zuckerman asked about a minor change in grammar, and the Board agreed. He also had a question about the resolution on the site plan for Sound Federal, and asked that the second page of the item be changed from"instruction"to "construction," and that the word "entertained"be changed to "undertaken." Trustee Degling had a request that the request that the word"belief'be changed to "believe."With a few other minor corrections, on the motion of Trustee Zuckerman, seconded by Trustee Degling, the Board agreed unanimously to adopt the December 15"'Meeting Minutes. DISCUSSION: 11. SCHEDULING A FINAL WORK SESSION ON THE REVISIONS TO THE ETHICS CODE. After a brief discussion, Mr. Russo noted that the Board had agreed to a date of March 23' at 6:30 p.m. On the motion of Trustee Degling, seconded by Trustee Pellino, the Board agreed unanimously to hold a Work Session on Tuesday, March 23, 1999 at 6:30 p.m. 12. SANITARY SEWER INSPECTIONS TO BEGIN BY MARCH 1. Administrator Russo explained that the Village Engineer had submitted a memo noting that the County was planning to perform some sanitary sewer inspections with smoke testing for illegal storm water connections to the sanitary sewer system. He noted that illegal connections could be found from smoke coming out of peoples roof leaders, basements, or event the village's catch basins, if there were improperly connected to the sanitary sewer system. Mr. Carosi noted that the contractor would be notifying residents of their activities. Mrs. Isabelle Sherlock of Rock Ridge Drive asked about the impacts from the smoke. Mr. Carosi explained that the smoke was non-toxic, but that homeowners would be 12 1 March 9, 1999 contacted by the Village to work out plans of action to remedy the illegal connection(s). 13. TALCOTT WOODS -- SITE PLAN PROCEDURES. There was a brief discussion of this issue. Planning Consultant Christian Miller felt that the Board would do best to enact some Zoning Amendments to handle future site plan amendments. Trustee Strum felt that it would be best to establish a threshold of an increase by 10% in the square footage of any modifications or expansions. Christian Miller discussed the issue from a zoning standpoint, and suggested that it could be addressed from a zoning standpoint, establishing bulk standards for conservation subdivisions, with a threshold of 20% increase in square footage. Mr. Miller suggested that Frederick P. Clark could prepare a local law based upon the will of the Board. Trustee Strum had a problem with a 20% threshold,based on his feeling that 10% would be a better threshold, and asked if the change would allow the issuance of a permit with no discretion from the village building department. Mr. Miller agreed that there would be no discretion in the issuance of any permits, but suggested that the square footage would be based on the square footage of the footprint of a structure, and not the total square footage of a structure. Trustee Degling had an issue with the allowance of only 10%, since a building footprint could be as little as 1,600 square feet, allowing an expansion footprint area of only 10 x 16 feet maximum. Trustee Degling also had a problem with structure setbacks from property lines, and the consensus of the Board was that any addition allowed should not exceed the existing minimum setback for each lot, i.e. if a structure on a lot had a setback of 5 feet from the property line, then any addition would not be allowed closer to the property line than 5 feet. Trustee Zuckerman asked if the prior approvals for additions at Talcott Woods fit within the 10% threshold (i.e. McKee and Miovski), and Village Engineer Victor Carosi promised to look into that issue. Mr. Steven Price, President of the Talcott Woods Homeowners Association, spoke briefly about the issue. He felt that there was almost no minimum setback, and that the homes were so close to each other that it was like there was no differentiation between lots within Talcott Woods. He disagreed with the 10% threshold based upon the footprint, particularly if it included decks. The Board and Planning Consultant Christian Miller clarified that if a dormer was added to a structure, with no increase in the footprint or in the roof height, then it should be approved without any problem. The Trustees main consideration was regarding whether there was any increase in the footprint of a structure, which would bring it closer to the lot lines and have an impact on the neighbors. Trustee Pellino supported the 10% limit for any footprint increases, he was happy that the Homeowners Association was taking such an active role, and felt that all of the homes as approved within the original subdivision were to be limited to the original area of development within the subdivision, and not encroach upon the wooded area within Talcott Woods. There was further discussion, and the Board and.Mr. Miller felt that any standards established should also have the input of the Talcott Woods Homeowners Association. 14. STATUS -- CUB SCOUTS BIKE-A-THON. Chief Santoro spoke briefly on the issue, and noted that Assistant to the Administrator Rich Slingerland had summed up the issue fairly well in a memo provided to the Board. The Chief commented that the Boy Scouts would have to distribute a letter to the residents in the neighborhood, and let them know that the streets would be closed, and Mr. Slingerland commented that the Village would also put out a notice in the Village newsletter and on the cable station. 13 March 9, 1999 15. TRUSTEE ZUCKERMAN--RESOLUTION CALLING FOR A RYE BROOK ZH' CODE. Trustee Pellino was in support of a Rye Brook Zip Code. Trustee Degling was not in support of a Rye Brook Zip Code, and felt that it would be an unnecessary distinction, and expense, for the residents of Rye Brook. Mayor Filipowski wanted to clear up a large portion of the language in the resolution. Trustee Zuckerman commented that he had only wanted it discussed at this meeting. He and Trustee Strum thought it worked out well that the number 10582 was available for Rye Brook, since Rye was 10580, and Scarsdale was 10583. Trustee Zuckerman felt it was an important issue, since the village was growing substantially. After further discussion, the Board agreed that the issue could be revisited at a later date, after the resolution had been revised. REPORT: 16. NIAYOR FILIPOW SKI-- STATUS OF FIRE NEGOTIATIONS. Mayor Filipowski noted that the negotiations were proceeding, with a leaning towards an Inter-Municipal Agreement between the Village of Rye Brook and the Village of Port Chester, rather than a joint Fire District. He noted that under such an agreement, there would be a Fire Board with representation from both villages. He praised the Rye Brook Firefighters, and noted that they had been handling themselves very professionally, and had been a great reason for the current success of the joint efforts between the Port Chester Fire Department and the Rye Brook Fire Department. He felt that there would be more information available for public dissemination after upcoming meetings, and commented that he would be able to let village residents know more after more issues had been resolved. COMMUNICATIONS: 17. DONNA M SHERRY: REOUESTING USE OF THE POSILLH'O CENTER FOR UCP'S SUMMER CONDUCTIVE EDUCATION CLASSES. Administrator Russo commented that this group from United Cerebral Palsy (UCP) had been allowed to use the Posillipo Center 2 summers ago, and their program had worked well. He noted that he had contacted the Village's Risk Manager, who had recommended proper insurance and a hold harmless agreement from the group. Trustee Degling felt that the Village should make every effort to accommodate the UCP group, since it was such a beneficial effort for the children. He encouraged Mr. Russo to work with UCP to find the time slots and the facilities to help them. Trustee Zuckerman commented that in his experience with the group, they had worked very well and provided a valuable service to the children. At this point Mayor Filipowski asked the Board if they had any further comments, and they did not. He announced the upcoming meetings, with the Canvass of the Votes on March 17, 1999 at 6 p.m., with an Executive Session afterwards on Personnel and on property tax grievances. He announced the upcoming meetings on March 23, 1999, and April 13, 1999, both at 7:30 p.m. At this time, he asked if any members of the public wanted to speak. Mrs. Jody Brackman of Tamarack Road spoke briefly on the Teen Center at the Posillipo Center, and 14 I March 9, 1999 commented that she had received registration materials and information for her son, who was in that age group. She congratulated the Recreation Department for putting together such a great program in such a short time. She recommended to the Board that the Recreation Department that they expand the program to include 6°i graders and 9'graders, and suggested to the Board that they waive the fees and the "contract"requirements for the first few meetings, to encourage more children to participate in the program. She also suggested that the Board hold the Teen Night twice a month instead of once. Administrator Russo commented on the contracts and photo requirements, and noted that he would consult with the Board members about their direction. Trustee Strum commented on the"contracts", or rules for the program, and the issue of photo I.D.s, and felt they were necessary so there would be some code of conduct for the children to ensure that things operated smoothly. Trustee Pellino, Trustee Zuckerman and Trustee Degling also felt that the photo I.D.s and contracts were a good idea for the reasons stated by Trustee Strum. Trustee Zuckerman felt that the Board should let the recreation department handle things accordingly, and then reassess the rules, or requirements, after the first one or two Teen Nights. The Mayor invited further comments, and there were none. Trustee Pellino moved for a brief Executive Session on personnel, and seconded by Trustee Zuckerman, the Board agreed unanimously to adjourn into Executive Session at 10:55 p.m. Respectfully submitted, Christopher I Russo, Village Clerk 15