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HomeMy WebLinkAbout1999-05-25 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING TUESDAY, MAY 25, 1999 7:30 P.M. PLEDGE OF ALLEGIANCE RESOLUTION: ACTION: 1. CALLING FOR A PUBLIC HEARING ON THE SITE PLAN AMENDMENT APPLICATION BY THE BLIND BROOK CLUB. 2. CALLING FOR A PUBLIC HEARING ON THE SITE PLAN AND SPECIAL PERMIT APPLICATION BY KING ST. NURSING HOME. 3. CONSIDERING A DECLARATION OF LEAD AGENCY AND POSITIVE ENVIRONMENTAL DECLARATION ON GARDEN INN. 4. CONSIDERING AUTHORIZING AN AGREEMENT FOR 2000-02 FEDERAL CDBG COOPERATIVE AGREEMENTS. 5. APPROVING THE SUBMISSION OF A WESTCHESTER CTY. CDBG FROG. APPLICATION FOR SIDEWALK RESTORATION NO. RIDGE ST. FROM RIDGE BLVD. TO WESTCHESTER AVE. 6. APPROVING THE SUBMISSION OF A WESTCHESTER CTY. CDBG PROG. APPLICATION FOR SIDEWALK RESTORATION SO. RIDGE ST. FROM WESTCHESTER AVE. TO GARIBALDI PL. AND ALONG GARIBALDI PLACE TO WEST ST. AND GRANT ST. 7. SUPPORTING THE SUBMISSION OF A WESTCHESTER CTY. CDBG PROGRAM APPLICATION FROM UNITED CEREBRAL PALSY TO DEVELOP A COMMUNITY POOL COMPLEX. 8. SUPPORTING OPEN DOOR'S REQUEST FOR CDBG FUNDING. 9. CONSIDERING A NEG. ENVIRONMENTAL DECLARATION ON THE ACQUISITION OF THE REAL PROPERTY AT 940 KING ST. 10. CONSIDERING AUTHORIZING BONDS TO PURCHASE THE REAL PROPERTY AT 940 KING STREET. —more— May 25, 1999 CONTINUED: 11. PERSONNEL MATTERS. 12. CONSIDERING APPROVING AN AGREEMENT FOR PLAN REVIEW SERVICES WITH SHAW ASSOCIATES. 13. CONSIDERING APPROVING AN AGREEMENT FOR PLAN REVIEW SERVICES WITH GRECO ASSOCIATES. MINUTES: 14. APRIL 27, 1999. DISCUSSION: 15. WESTVIEW AVE. ON-STREET HANDICAPPED PKG. PERMIT. 16. ETHICS CODE: SETTING DATE FOR FINAL WORK SESSION. 17. RYE PORT REALTY SPECIAL PERMIT APPLICATION. WRITTEN COMMUNICATIONS: 18. VILLAGE OF PORT CHESTER: REQUESTING USE OF RYE BROOK'S STREETS FOR THE PORT CHESTER DAY 5K FUN RUN/WALK ON SATURDAY, JUNE 5, 1999. NEXT TRUSTEES MEETING JUNE 15, 1999 JUNE 22, 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. 19 MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL,938 KING STREET RYE BROOK, NEW YORK MAY 25, 1999 CONVENE MEETING Mayor Filipowski called the Meeting to order at 7:30 p.m. and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Jody Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator, Richard C. Slingerland Village Treasurer Diane DiSanto Village Engineer Victor Carosi, P.E. Building Inspector William Gerety Police Chief Robert Santoro Village Planning Consultant Christian K. Miller, F. P. Clark Associates Meeting Secretary Paula Patafio The Board proceeded with the first order of business. RESOLUTIONS: 1. CALLING FOR A PUBLIC HEARING ON THE SITE PLAN AMENDMENT APPLICATION BY THE BLIND BROOK CLUB. On the motion of Trustee Degling, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON THE SITE PLAN APPLICATION BY THE BLIND BROOK CLUB FOR THE PROPERTY ON ANDERSON HILL ROAD RESOLVED, that the Board of Trustees will conduct a public hearing in Village Hall, 938 King Street, Rye Brook,New York, on Tuesday, June 15, 1999 at 7:30 p.m. on the application by the Blind Brook Club requesting Site Plan approval to reconfigure its driving range on its property at Anderson All Road, Rye Brook,New York. May 25, 1999 Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye . Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 2. CALLING FOR A PUBLIC HEARING ON THE SITE PLAN AND SPECIAL PERMIT APPLICATION BY KING ST. NURSING HOME. On the motion of Trustee Degling, seconded by Trustee Herman, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON THE SITE PLAN AND SPECIAL PERMIT APPLICATION BY THE KING STREET NURSING HOME FOR THE PROPERTY AT 787 KING STREET RESOLVED, that the Board of Trustees will conduct a public hearing in Village Hall, 938 King Street, Rye Brook, New York, on Tuesday, June 15, 1999 at 7:30 p.m. on the application by the King Street Nursing Home requesting Site Plan approval with regard to enclosing an open-air patio and amending its site plan for a cafeteria on its property at 787 King Street, Rye Brook,New York. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting No Mayor Filipowski Voting Aye 3. CONSIDERING A DECLARATION OF LEAD AGENCY AND POSITIVE ENVIRONMENTAL DECLARATION ON GARDEN INN. Mayor Filipowski asked if the Board wanted to call for a scoping session to be held at a later date and Planning Consultant Christian Miller, of Frederick P. Clark Associates, explained the process of adopting the Scope. Trustee Zuckerman and Trustee Degling noted the time constraints faced by the Board, and Mr. Miller agreed, stating that the Trustees as Lead Agency have specific deadlines to meet under SEQRA. However,Mr. Gioffre requested the Board postpone scheduling a Seeping Session until the June 15`x'meeting. Trustee Herman asked for an explanation regarding the DEIS for Summerfield Suites and the similar DEIS documents which have been submitted for the Garden Inn application. Thomas Whyatt, Esq., from the office of Kirkpatrick& Silverberg addressed the Board on behalf of Doral/Arrowwood HOA. Mr. Whyatt noted several facts concerning this application. He felt that the Board needed to determine if the Floor Area Ratio (FAR) calculations with regard to this application 2 May 25, 1999 were correct. He stated that if all 15 acres of the parcel were to be considered in the application, then the applicant should be required to prove ownership of the full property. He questioned the proposal for zoning amendments, and suggested an alternative to the zoning amendments might be to encourage the applicant to come forth with plans that meet Code, or at least a plan that would require less variances. Mr. Giof re responded to some of Mr. Whyatt's concerns, noting that Trustee Degling had raised the same issues. At that meeting it had been stated that the application was being made jointly by both the applicant and Border Properties, the owner of the property, and the total property acreage is 15 acres. Mayor Filipowski thanked Mr. Gioffre, and called for the next item on the agenda. 4. CONSIDERING AUTHORIZING AN AGREEMENT FOR 2000-02 FEDERAL CDBG COOPERATIVE AGREEMENTS. Mr. Russo summarized the resolution. He noted that the purpose of the resolution was to authorize the Village's continued involvement with the Urban County Program offered through the County of Westchester. The development of the Posillipo Center,the Garibaldi Park improvements, the parking lot at Garibaldi Place, and the Village's senior bus are examples of projects funded through the Urban County Program. On the motion of Trustee Zuckerman, seconded by Trustee Brackman, the following resolution was adopted: RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN AGREEMENT WITH WESTCHESTER COUNTY FOR THE PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1974 as amended, and Title I1 of the National Affordable Housing Act of 1990, as amended, to make grants to states and other units of general local government to help finance Community Development Programs; and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more municipal corporations, to apply for, accept and expend funds made available by the federal government, either directly or through the State, pursuant to the provisions of any Federal law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation; and WHEREAS,the Community Development Act of 1974, as amended, Title II of the National Affordable Housing Act of 1990, as amended, and any"Eligible Activities"thereunder are not inconsistent with the statutes or Constitution of the State; and 3 May 25, 1999 WHEREAS, a number of municipalities have requested Westchester's participation, and the County of Westchester has determined that it is desirable and in the public interest that it make application for Community Development Block Grant funds and HOME funds as an Urban County; and WHEREAS, participation by the County of Westchester as an Urban County in the Community Development Program requires that the Village of Rye Brook and the County of Westchester cooperate in the undertaking, or assisting in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution. WHEREAS,this Board deems it to be in the public interest for the Village of Rye Brook to enter into a Cooperation Agreement with the County of Westchester for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the Village of Rye Brook be and hereby is authorized to execute a Cooperation Agreement between the Village of Rye Brook and the County of Westchester for the purposes of undertaking a Community Development Program pursuant to the Housing and Community Development Act of 1974 as amended and Title I1 of National Affordable Housing Act of 1990, as amended. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5. APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY CDBG PROG. APPLICATION FOR SIDEWALK RESTORATION NO. RIDGE ST. FROM RIDGE BLVD. TO WESTCHESTE R AVE. Mr. Russo read the revised resolutions for item number 5 and 6. The main change was in the area covered, based on the census tract. The first resolution covered the entire Ridge Street corridor, on North Ridge Street from Ridge Boulevard down through South Ridge Street to the corner of Garibaldi Place. The second resolution covered from Garibaldi Place to West Street, along West Street to Grant Street. Mr, Gary Gianfrancesco, the consultant working with Mr. Russo in preparation of the grant application, noted that the resolution should include the specific amount of Rye Brook's contribution. On the first grant Rye Brook is applying for $250,000 with a contribution from Rye Brook of$81,805 for a total estimated project cost of$331,805. On the second grant Rye Brook is seeking $31,000 with a contribution from Rye Brook for $10,250 for an estimated total project cost of$41,250. Mayor Filipowski asked Mr. Gianfrancesco what the protocol was for putting the contribution amount in the application. Mr. Gianfrancesco noted that generally most grants are structured so that the municipality contributes $1 for every $2 to $3 that the county contributes via the CDBG program. He stated that the 4 May 25, 1999 purpose of inserting what the municipality is prepared to pay into the resolution is so that the elected officials are aware of what the local commitment is if the county is going to make a contribution. Mrs. Sullivan of 269 Betsy Brown Road addressed the Board. She felt that quite a few people had made curb cuts along Ridge Street without the appropriate permission to do so. It was her opinion that these curb cuts cause a problem for pedestrians and that these curb cuts should not be grandfathered. There are specific zoning regulations and a permit must be filed with Westchester County for a curb cut. Mr. Miller noted that these are county roads and it does require curb cut approval. Mr. Russo noted that this grant and project would not require that Village to make any curb cuts and if any individuals had put in curb cuts illegally it would be addressed. Mrs. Sullivan also expressed her opinion that sidewalks should be on the other side of Ridge Street for access to the parks, particularly Crawford Park. She stated that women with strollers have no way to cross Ridge Street. There are no crosswalks, no sidewalks and pedestrians have no choice but to go into ,the street, which is a very dangerous situation. Mrs. Sullivan asked if the Village could apply for an ISTEA grant for additional funding for these sidewalks. Mr. Gianfrancesco replied that there is an ISTEA Program which may have grant money available for the other side of Ridge Street. For this program the other side of the street is ineligible for funding as the census tract line runs down the middle of Ridge Street and we qualify on the south-east side of the street only. Mr. Russo noted that we get the money where and when we can. Trustee Brackman stated that she would like to see the number of sidewalks in the Village increase. Many programs are beginning this year and this will be a start with regard to improving the sidewalks. Mr. Russo noted that the Village is proposing to put in concrete curbing and sidewalks and rehabilitate the area that does have sidewalks on the easterly side of North Ridge Street from Ridge Boulevard all the way south through to Garibaldi Place and Garibaldi Park and Playground. For the most part the sidewalks in this entire area are in terrible condition. We are starting with the area where we can get funding. The other aspecLof the project is the senior housing project on Grant Street. Mayor Filipowski noted that a good point was made regarding crosswalks on some of the intersections on Ridge Street. He felt that a"pedestrian crossing" sign might urge drivers to slow down. Mr. Russo stated that this is something our traffic consultant can look at. He noted that there will be a substantial improvement to the intersection for pedestrians at Westchester Avenue and Ridge Street. We are proposing to realign that entire intersection with new crosswalks, realigned pedestrian signal lights and walkways and for aesthetic and safety improvements we are proposing guard rails on the corner. There is an entire aesthetic and safety improvement aspect proposed as part of this project for the intersection of Ridge Street and Westchester Avenue. On the motion of Trustee Zuckerman, seconded by Trustee Brackman, the following resolution was amended, and on the motion of Trustee Herman, seconded by Trustee Zuckerman, the following resolution was adopted: 5 May 25, 1999 RESOLUTION APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR SIDEWALK RESTORATION NO. RIDGE ST. FROM RIDGE BLVD. TO GARIBALDI PL. WHEREAS, the Village of Rye Brook is a member of the Westchester County Urban County Community Development Block Grant (CDBG) Program; and WHEREAS, the CDBG Program has been successful in Westchester by providing assistance to municipalities; and WHEREAS, the Village of Rye Brook is interested in restoring and rehabilitating sidewalks in certain sections of the Village which service and enhance the mobility of primarily children and senior citizens; and WHEREAS, on May 25, 1999 the Board of Trustees conducted a public meeting on the application; and WHEREAS,the application is a Type II Action under SEQRA. NOW, THEREFORE,BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the application to the Westchester County CDBG Program for funding assistance to restore and rehabilitate sidewalks and cross walks in the Ridge Street corridor; and be it RESOLVED, that the Village Administrator is authorized to take all appropriate steps to submit an application for funding-to the Westchester County CDBG Program in the amount of$250,000 for the above described purpose with a Rye Brook contribution of$81,805 for a total proposed project cost of $331,805. Trustee Brockman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 6. APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY CDBG PROD. APPLICATION FOR SIDEWpi ESTiORATION SO. RIDGE ST. FROM WESTCHESTER AVE TO GARIBALDI PL AND ALONG GARIBALDI PLACE TO WEST ST. AND GRANT ST. There was no discussion of this item, as it was discussed simultaneously with item 5. 6 May 25, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Brackman, the following resolution was amended, and on the motion of Trustee Herman, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR SIDEWALK RESTORATION; GARIBALDI PL. TO WEST ST. AND ALONG WEST ST. TO GRANT ST. WHEREAS, the Village of Rye Brook is a member of the Westchester County Urban County Community Development Block Grant (CDBG)Program; and WHEREAS,the CDBG Program has been successful in Westchester by providing assistance to municipalities; and WHEREAS, the Village of Rye Brook is interested in restoring and rehabilitating sidewalks in certain sections of the Village which service and enhance the mobility of primarily children and senior citizens; and WHEREAS, on May 25, 1999 the Board of Trustees conducted a public meeting on the application; and WHEREAS, the application is a Type II Action under SEQRA. NOW, THEREFORE,BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby approves the application to the Westchester County CDBG Program for funding assistance to restore and rehabilitate sidewalks and cross walks in the vicinity of the Anthony J. Posillipo Community Center; and be it RESOLVED, that the Village Administrator is authorized to take all appropriate steps to submit an application for funding to the Westchester County CDBG Program in the amount of$31,000 for the above described purpose, with a Rye Brook contribution of$10,250 for a total project cost of$41,250 Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 7 May 25, 1999 7. SUPPORTING THE SUBMISSION OF A WESTCHESTER COUNTY CDBG PROGRAM APPLICATION FROM UNITED CEREBRAL PALSY TO DEVELOP A COMMUNITY POOL COMPLEX. Mr. Eric Marks,Executive Director of United Cerebral Palsy (UCP) Association addressed the Board. He noted that this project had been in the works since the summer of 1998. UCP felt they did a tremendous job with their aquatics program and working with the Village with the pool program. He said, "This is a great opportunity to capture some funding to develop a complex that will benefit everyone." He stated that UCP urges the Board to support the resolution. Mayor Filipowski noted that this was UCP's application and that the Board was supporting it, unlike the other resolutions that were resolutions for municipal projects. It was noted that this resolution is similar to item#8, for the Open Door Family Health Centers. On the motion of Trustee Degling, seconded by Trustee Brackman, the following resolution was adopted: RESOLUTION SUPPORTING THE SUBMISSION BY UNITED CEREBRAL PALSY OF A WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM APPLICATION FROM FOR THE DEVELOPMENT OF A COMMUNITY POOL COMPLEX WHEREAS,the Village of Rye Brook is a member of the Westchester County Urban County Community Development Block Grant(CDBG) Program; and WHEREAS,the CDBG Program has been successful in Westchester by providing assistance to municipalities and not-for=profit organizations; and WHEREAS,United Cerebral Palsy is interested in pursuing the development of a handicapped accessible community pool complex for their clientele and the citizens of Rye Brook; and WHEREAS, the Board of Trustees conducted a discussion of the matter at a public meeting on May 25, 1999. NOW, THEREFORE, BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby supports the application to the Westchester County CDBG Program for funding assistance to United Cerebral Palsy for the development of a community pool complex; and be it further RESOLVED,that the Village Administrator is authorized to take all appropriate steps to support the application for funding to the Westchester County CDBG Program in the amount of$1.5 million for 8 May 25, 1999 the above described purpose. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 8. SUPPORTING OPEN DOOR'S REQUEST FOR CDBG FUNDING. Mr. John E. Brink, Chief Financial Officer for the Open Door Family Health Centers addressed the Board. He thanked the Board for their time and understanding of this motion. He gave a brief description of Open Door. They provide high quality primary care health services to all, regardless of an ability to pay. The offices at 90 South Ridge Street were opened in 1995 with two doctors. There are now four full-time doctors on staff,two O.B. doctors and two nurse practitioners. So far they have seen approximately 7,000 people in this location and hopefully by 2002 they can expand at this location. This does not cost the Village any money and the vote this evening just shows support of the organization. Trustee Zuckerman explained that he is on the Board of Directors of the Westchester Division of the March of Dimes, which has in the past given money to Open Door, both in Ossining and here. He felt that Open Door is a terrific organization. On the motion of Trustee Herman, seconded by Trustee Deghng, the following resolution was adopted: RESOLUTION SUPPORTING THE APPLICATION OF THE OSSINING OPEN DOOR ASSOCIATES INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR AN OFFICE EXPANSION OF THE OPEN DOOR FAMILY MEDICAL GROUP WHEREAS,the Village of Rye Brook is a member of the Westchester County Urban County Community Development Block Grant (CDBG) Program which has been successful in providing assistance to municipalities and not-for-profit organizations; and WHEREAS, the Open Door Family Medical Group is interested in expanding its offices at 90 South Ridge St., and intends to apply for CDBG funding for this purpose; and WHEREAS, the Rye Brook Board of Trustees conducted a discussion of the matter at a public meeting on May 25, 1999. NOW, THEREFORE, BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook supports the application of 9 May 25, 1999 the Ossining Open Door Associates Inc. to the Westchester County CDBG Program for funding assistance for an office expansion of the Open Door Family Medical Group at 90 South Ridge St; and it is further RESOLVED, that the Village Administrator is authorized to take all appropriate steps to support this application for $250,000 for the Westchester County CDBG Program for the above described purpose. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 9. CONSIDERING A NEG. ENVIRONMENTAL DECLARATION ON THE .ACQUISITION OF THE REAL PROPERTY AT 940 KING ST. Trustee Herman asked for a status report on the petroleum spill, and Mr. Gerety explained that there were old oil tanks on the property adjacent to Village Hall which had not been used in over 30 years and had leaked. Per DEC and EPA Guidelines soil samples were taken, contaminated soil was removed, any remaining product was removed from the tank, and the tanks were discarded. He said that the State and County cases are closed. Trustee Degling asked how much material was removed, and Mr. Gerety responded about 200 cubic yards. Trustee Brackman noted that a document had the word oil crossed out and replaced with the word petroleum. She asked if they are the same, and Mr. Gerety stated that they are both petroleum products, but the change was made to note that one tank was for fuel oil and the other tank was for gasoline. Mr. Slingerland noted that old oil tanks leak fairly frequently, and recommended that residents of the Village could have their tanks inspected and checked out. He suggested that the Building Department could assist residents with permits. On the motion of Trustee Degling, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION NEGATIVE DECLARATION 940 KING STREET ACQUISITION RESOLVED, that the acquisition of 940 King Street is found to be an unlisted action under the New York State Environmental Quality Review Act and will not have any significant adverse environmental impact, as further set forth in the accompanying negative environmental declaration, which is hereby adopted. 10 May 25, 1999 Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 10. CONSIDERING AUTHORIZING BONDS TO PURCHASE THE REAL PROPERTY AT 940 KING STREET. Mr. Russo explained that the Bond is to fund the Village's planned purchase of the property next to Village Hall, including incidental costs, closing costs and other costs associated with selling bonds. This is a serial bond in the amount of$365,000 to cover the purchase price, closing costs,bonding costs, etc. Under the State finance law it probably will have a life of 30 years. He explained that at some point the Village planned to turn it into a long-term serial bond. Mr. Powell noted that there is a 30-day period for a permissive referendum following adoption of the resolution in which a petition can be circulated and presented to the Village Board. Trustee Brackman noted that any resident of the Village could do this, and Mr. Powell commented that a referendum requires a significant number of signatures—20% of the voters who voted in the last election. On the motion of Trustee Zuckerman, seconded by Trustee Heenan, the following resolution was adopted: RESOLUTION BOND RESOLUTION DATED MAY 25, 1999,AUTHORIZING THE ISSUANCE OF$365,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF LAND AT 940 KING STREET IN THE VILLAGE PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of$365,000 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose(hereinafter referred to as"purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1999: the acquisition of land at 940 King Street in the Village of Rye Brook Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $365,000 and that it plans to finance such cost by the issuance of Serial Bonds 11 May 25, 1999 authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines: (a) That the purpose for which said bonds are to be issued is set forth in subdivision 21 of paragraph(a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is thirty(30) years; (b) The proposed maturity of the Serial Bonds hereby authorized is in excess of five years; and (c)No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law,the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed in Section 81.00 of said Local Finance Law and such publication shall be in the Westmore News, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or any bond anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty(20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. Trustee Brackman Voting Aye 12 May 25, 1999. Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 11. PERSONNEL MATTERS. Village Administrator Russo read the resolution, which would establish stipends for the Treasurer and the Deputy Treasurer. There was no discussion of the resolution, and Mayor Filipowski asked for a motion to adopt. On the motion of Trustee Herman, seconded by Trustee Brackman, the following resolution was adopted: RESOLUTION STIPEND FOR TREASURER AND DEPUTY TREASURER WHEREAS, the part-time position of Treasurer became vacant on April 1, 1999; and WHEREAS,the duties of this position have been distributed between the newly appointed Treasurer and the Deputy Treasurer; and WHEREAS, these duties are more heavily weighted towards the Treasurer since the Treasurer has statutory responsibility. NOW, THEREFORE, BE IT RESOLVED,that the Treasurer shall receive a monthly stipend of$500 and the Deputy Treasurer shall receive a monthly stipend of$250 for their increased responsibility; and be it FURTHER RESOLVED, that this stipend policy shall be effective as of May 1, 1999 and shall be reviewed in one year, at which time the stipends may be incorporated into the annual salary of these positions. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 13 May 25, 1999 12. CONSIDERING APPROVING AN AGREEMENT FOR PLAN REVIEW SERVICES WITH SHAW ASSOCIATES. Administrator Russo read the resolution, and the Mayor opened the floor to comment. Trustee Zuckerman felt the Village should hire a full-time employee and not a consultant. Administrator Russo explained that the Village is moving ahead to fill the position of Code Enforcement Officer. There was some further discussion, and Floyd Caplan, Chairman of the Planning Board, asked to comment and noted that the Village should ask for a rate schedule, or a table of rates based on the degrees of expertise required for each task. Building Inspector Bill Gerety commented that the services being contracted for were very specific, technical tasks that are the kind of work you need to be able to focus your attention on. Trustee Brackman stated that based on the services we need, Mr. Shaw's resume is very impressive. On the motion of Trustee Herman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION APPROVING THE CONSULTANT AGREEMENT WITH NOEL SHAW ASSOCIATES RESOLVED, that the Village of Rye Brook is authorized to enter into a consultant agreement with Noel Shaw at the rate of one hundred and twenty five dollars ($125) per hour for plan review services in connection with matters as may be referred to the consultant by the Building Inspector with the approval of the Village Administrator; and it is FURTHER RESOLVED,that amounts paid to the Consultant hereunder shall be charged to the applicable professional fees escrow accounts relating to the services provided or otherwise reimbursed by the applicant involved; and it is FURTHER RESOLVED, that the Mayor or other authorized official may execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting No Mayor Filipowski Voting Aye 13. CONSIDERING APPROVING AN AGREEMENT FOR PLAN REVIEW SERVICES WITH GRECO ASSOCIATES. This item was considered and voted upon with the same motion and vote as item 12. (Resolution is on the next page.) 14 May 25, 1999 On the motion of Trustee Herman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION APPROVING THE CONSULTANT AGREEMENT WITH PETER GRECO ASSOCIATES RESOLVED,that the Village of Rye Brook is authorized to enter into a consultant agreement with Peter Greco at the rate of one hundred and twenty five dollars ($125) per hour for plan review services in connection with matters as may be referred to the consultant by the Building Inspector with the approval of the Village Administrator; and it is FURTHER RESOLVED,that amounts paid to the Consultant hereunder shall be charged to the applicable professional fees escrow accounts relating to the services provided or otherwise reimbursed by the applicant involved; and it is FURTHER RESOLVED,that the Mayor or other authorized official may execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting No Mayor Filipowski Voting Aye MINUTES: 14. APRIL 27, 1999. There was some brief discussion, and Trustee Herman requested that future minutes reflect when votes are taken together on a number of resolutions. There was no further discussion, and on the motion of Trustee Zuckerman, seconded by Trustee Brackman, the minutes of April 27, 1999 were adopted unanimously. DISCUSSION: 15. WESTVIEW AVE. ON-STREET HANDICAPPED PKG. PERMIT. Administrator Russo gave a brief explanation of the item, noting that the Franchella family at 22 Westview Avenue had petitioned the Village to install a"Handicapped Parking Only" spot in front of the 22 Westview Avenue. He noted that the request had been reviewed by the Traffic Commission, and the consensus had been to enact a"No Parking" spot in front of the home so that the family could load and unload members of the family who use wheelchairs into and out of their vehicles, without having to navigate into the street. The family was satisfied with this solution, and the Board agreed to put the item on for a vote at the June 15" Board Meeting. 15 May 25, 1999 16. ETHICS CODE: SETTING DATE FOR FINAL WORK SESSION. Administrator Russo mentioned that this issue and code amendments had almost been resolved, and he requested that the Board hold a work session to finish the discussion. The Board agreed to hold a work session at 6 p.m. prior to the Board Meeting on June 15, 1999. 17. RYE PORT REALTY SPECIAL PERMIT APPLICATION. There was a brief discussion of this item, and it was agreed that the Board would consider a resolution for the application on the agenda of the Board Meeting of June 15, 1999. WRITTEN COMMUNICATIONS: 18. VILLAGE OF PORT CHESTER: REOUESTING USE OF RYE BROOK'S STREETS FOR PORT CHESTER DAY'S 5K FUN RUN/WALK ON SATURDAY, NNE 5, 1999. There was a brief discussion of this issue, and the Police Chief made a brief estimate of the possible impacts on the Police Department's overtime budget. The Board discussed the matter and felt that it would be neighborly of Rye Brook to support the race and moved unanimously to allow it to run its usual course. Mayor Filipowski noted the next meetings of the Board, which were scheduled for June 15'11 and June 22"a and announced a Meeting on the Master Plan/Vision for Rye Brook on June 3`a, a Public Meeting on June 16a`for the construction impacts on residents of Pine Ridge Road and Bonwit Road, and areas immediately surrounding the Red Roof Farm/Blind Brook Estates development, and possibly a.Public Meeting on June 17t"for the development impacts from Red Roof Farm on the Hidden Falls homeowners. Trustee Degling reminded everyone that the Village Birthday Party would be held on June 19, 1999. Administrator Russo reminded the Board that the June 22""Meeting should be held at the Posillipo Center to handle a larger crowd. There had been a presentation planned by the State Dept. of Transportation at the JunQ 22"a Meeting regarding the Hutch project, the realignment of the Blind Brook driveway, the replacement of the Ridge Street Bridge and their plans to install noise barriers. The Mayor opened the floor to comments from the public. Mr. Morton Crandall of 5A Winthrop Drive spoke briefly about the construction impacts from Red Roof Farm, particularly with regard to flooding and mudslides onto Ridge Street, as well as his concerns about the plans to install a youth softball field on the land to be donated from the developer for recreation purposes. Trustee Zuckerman noted that the problems at Red Roof—Blind Brook Estates—could be caused by many things. The excavations for the houses is apparently causing the problems now. The Board and administration are very concerned. He stated that an anonymous article of the Westmore News, blamed the Architectural Review Board, but they had nothing to do with this. If there is a fault in the design of the plans for Red Roof Farm, the approval process lies with the Village Board and not with ARB. Mr. Crandall noted that there had been some very strong odors near Pine Ridge Park. Mr. Russo noted the Village annually puts out compost at Pine Ridge Park, and it is possible that the odors lasted two or 16 May 25, 1999 three days. He noted that this was not caused by the Red Roof development. On a different matter, Trustee Brackman advised the Board that she received a letter regarding flooding on Little Kings Lane. She asked if the Board had any information. Mr. Russo noted that he has also received complaints regarding this area and they are being looked into. Trustee Brackman also noted that the County Board of Legislators was having a meeting. One of the issues that they would be addressing would be setting up a public hearing on a proposed law which authorizes a few new aviation facilities at the Westchester County Airport. She asked whether Rye Brook sends a representative to these hearings. Mayor Filipowski noted that Lawrence Engle is on the Airport Committee and he stays on top of all of these issues. Mrs. Mary Ellen Sullivan of Betsy Brown Road rose and spoke briefly about her concerns regarding the recent marks that were painted on trees to be removed under the Village's tree contract. She explained that she had requested the trees be trimmed and not removed. Mayor Filipowski assured her that the appropriate Village staff and officials would look into the matter. There was no further comments from the public. The Mayor asked for an executive session on the fire negotiations, and on the motion of Trustee Zuckerman, seconded by Trustee Brackman, the Board agreed unanimously to adjourn and go into executive session at 9:33 p.m. Respectfully submitted, Christopher I Russo Village Administrator/Clerk 17