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HomeMy WebLinkAbout1997-07-22 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES -- REGULAR MEETING AT 938 KING STREET TUESDAY, JULY 22, 1997 -- 7:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARING: ACTION: 1. ON THE PROPOSED FRANCHISE RENEWAL AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND TCI CABLE OF WESTCHESTER. RESOLUTIONS: 2. CALLING FOR A PUBLIC HEARING ON SEPTEMBER 23, 1997 AT 7:30 P.M. ON LOCAL LAW INTRO. #10 - 1997 TO INCREASE THE PROPERTY VALUE CAP FOR THE NYS ALTERNATIVE VETERANS' EXEMPTION PROGRAM PURSUANT TO SECTION 458-a OF THE REAL PROPERTY TAX LAW. 3. CALLING FOR A PUBLIC HEARING ON SEPTEMBER 9, 1997 REGARDING THE PROPOSED SUBDIVISION APPLICATION BY HILLANDALE ASSOCIATES FOR THE PROPERTY AT 24 HILLANDALE ROAD, SEC. 1, BL. 7, LOTS 2B2 AND 3132. 4. CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19, 1997, ORIGINALLY HELD ON MAY 13, 1997, ON THE HIGH POINT VILLAGE PLANNED UNIT DEVELOPMENT PLAN AND LOCAL LAW INTRO. #7- 1997 REVISING THE "PUD" ZONE TEXT TO PERMIT SENIOR LIVING FACILITIES AS A PERMITTED USE AND REVISING "PUD" BUFFER AREA AND PARKING REQUIREMENTS. 5. CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19, 1997, ORIGINALLY HELD ON MAY 13, 1997, ON LOCAL LAW INTRO. #8 - 1997 TO AMEND THE VILLAGE'S ZONING MAP TO REZONE THE HIGH POINT PROPERTY FROM OBI CAMPUS / OFFICE BUILDING TO PLANNED UNIT DEVELOPMENT DISTRICT IN ACCORDANCE WITH THE "PUD" CONCEPT PLAN. 6. RATIFYING THE APPOINTMENT OF JOHN REAVIS TO THE EMERGENCY MEDICAL SERVICES COMMITTEE. 7. AUTHORIZING THE VILLAGE TO ENTER INTO A REVISED ASSIGNMENT OF THE WESTCHESTER COUNTY SOLID WASTE IMA. July 22, 1997 PAGE TWO 8. AUTHORIZING THE WESTCHESTER TRIATHLON TO USE VILLAGE STREETS FOR THE RUNNING OF THE 14TH WESTCHESTER TRIATHLON ON SUNDAY SEPTEMBER 14, 1997. 8. AUTHORIZING AN APPOINTMENT TO THE RYE BROOK ADVISORY COUNCIL ON PARKS AND RECREATION. 9. CONSIDERING ENACTING ATTENDANCE REQUIREMENTS FOR VILLAGE OF RYE BROOK VOLUNTEER BOARDS AND COUNCILS. 10. CHECK REGISTERS. MINUTES: 11. NOVEMBER 12, 1996. 12. NOVEMBER 26, 1996. REPORT: 13. KEN BERMAN AND ISABELLE SHERLOCK, CHAIRMEN RYE BROOK BIRTHDAY COMMITTEE STATUS REPORT. DISCUSSION: 14. RED ROOF FARM PROPOSED SUBDIVISION. 15. HIGH POINT VILLAGE F.E.I.S. NEXT MEETING DATES: RE,EGULAR NIEETING AUGUST 19, 1997 AGENDA MEETING SEPTEMBER 9, 1997 , MINUTES OF A REGULAR MEETING 006473 VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK JULY 22, 1997 7:30 p.m. CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The fallowing members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein Tunis 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 Secretary to the Village Board Lisa B. Marinaccio Chief of Police Robert J. Santoro Fire Chief William Dee McCluskey Village Treasurer Joseph Cortese PUBLIC HEARING: 1. ON THE PROPOSED FRANCHISE RENEWAL AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND TCI CABLE OF WESTCHESTER: Administrator Russo introduced Peter Bernbaum, the Chairman of the Telecommunications Committee, Steve Shay of the Department of Public Service Commission, Richard Wadman, General Manager of TCI, and Josh Koenig, the chief negotiator and spokesman for TCI. Josh Koenig thanked the Telecommunications Committee for their hard work. He said that the franchise was awarded to UA Columbia Cable of Westchester and that it was amended and then expired on the last day of 1993. Peter Bernbaum of 5 Acker Drive acknowledged the Telecommunications Committee members and thanked them for their dedication and hard work. He said that Mr. Shaye volunteered his time and worked with the comrnittee for 6 years. Mr. Shaye of the New York State Public Service Commission highlighted some provisions of the agreement. He said that the Cable T.V. franchise would be for ten years and would give UA Columbia and TCI the right to provide service to the community. He also said that payment of 5% of the gross revenue from franchise fees would be paid to the Village. In addition, $100,000 would be given to the Village for public educational and governmental access programming. Three channels for public, 00647#4 July 22, 1997 educational, and governmental access programming were guaranteed. Accountability provisions were also in the agreement which allowed penalties on TCI if it did not do its job. He mentioned that some language was amended on Village control of the transfer of the franchise. Trustee Pellino asked about the continuation of senior citizen discounts. Mr. Koenig said that service rates were not addressed by the cable franchise and that the company did not have to have a discount because it is not required. He said that because of a 1992 Congressional mandate, local governments are prohibited from imposing senior discounts, a policy that is consistent in other franchise agreements. Trustee Zuckerman asked when the three channels designated for public educational and governmental . use would be available. Mr. Koenig said that they were available for immediate use and that the company was not holding them back. Mr. Koenig mentioned having a fourth channel. He said that if other communities did not use a fourth channel then Rye Brook would not have the option of using a fourth channel. Trustee Pellino asked about public service announcements during programming. He asked if they could be given on every channel for such emergencies as streets closed due to a snow storm. Mr. Koenig said that public service announcements were covered in the agreement. He said that there was an audio override that affects all channels but one. He said that this feature was accessed automatically by calling in a secret code. The Village would control the announcements. Trustee Strum asked if the new technology would be cable-ready for T.V.s or if residents needed additional hook-up. Richard Wadman said that the box would be needed because the T.V. could not take it directly. Administrator Russo asked why the Rye Ridge Studio was closed and if the Village would be able to arrange to get the equipment from it in the Village Hall. Mr. Koenig said that the Rye Ridge Studio was not considered Village property. He also said that they were prepared to donated to the Village all the equipment so that the facility could be set-up in the Village Hall. He said that they have closed up a number of the small studios in the area. Administrator Russo said that people call the Village thinking that the Village has more authority. Mr. Shaye said that the Village number had to be on the subscribers' bills by law. He said that municipalities need equipment by law and that the subscribers ultimately pay for everything. After a motion and a second, the Board unanimously agreed to adjourn the public hearing until August 19, 1997. r REPORT: 13. KEN BERMAN AND ISABELLE SHERLOCK CHAIRMEN RYE BROOK BH2THDAY COMMITTEE STATUS REPORT: Sissy Sherlock said that the Birthday was spectacular. She said that between 2,400 and 2,700 guests of all ages attended. The food was delicious and the senior bingo was great fun. The disabled attendees were very thankful to have been introduced to the Mayor and to have been brought food on trays. Residents thought that the commemorative trees were a wonderful gift. She also said that the event was 2 006475 July 22, 1997 a success because of new volunteers and long time friends who donated their time and effort. Lastly, she said that she couldn't give a financial report because a lot of receipts had not been tallied. Ken Berman said that letters had been sent out to all of the corporations that made donations and provided volunteers. In addition to thanking the corporations, he thanked the various Village departments and local agencies for their hard work. Mayor Cresenzi thanked the Birthday Committee and the volunteers who helped make the day successful. DISCUSSION: 14. RED ROOF FARM PROPOSED SUBDIVISION: Kip Konigsberg explained some changes that had been made to the plans. He said that there was no longer a Ridge Street access to the subdivision based on a recommendation to the Facilities Committee. The access road was removed and a cul-de-sac was made. In addition, this would make the property more compatible with a firehouse if one was needed there. He also said that a pedestrian access way was added. A second access through Old Orchard Road was added and the Planning Board proposed that this access be used for emergency access. The recreation land was originally going to be in the southern end of the property but was changed to the Northwestern corner. He also said that the Army Corps of Engineers was going to look at the wetlands. He added that the cul-de-sac would join the pedestrian access. Lastly, he asked that the Village Board provide direction to the Planning Board and he said that they needed the Village Engineer to look at the plans to allow them to move forward. Floyd Caplan of 4 Holly Lane said that he felt that Mr. Konigsberg was driven by the fact that there may be a firehouse on the property. He said that the Board should come up with an answer for the firehouse soon. Mayor Cresenzi said that it was a good idea to designate land for the firehouse in order not to hold up the project. He said that if the designated land was not used for a firehouse then it could be reincorporated into the project. In addition,he added that the Board did not want the Ridge Street access. Kip Konigsberg said that the Village Board needed to direct the Planning Board on the recreation land issue. Trustee Zuckerman asked if plans were available. Mr. Konigsberg said they would be available tomorrow. 15. HIGH POINT VILLAGE F.E.I.S.: At this time, there was a point by point discussion of Christian Miller's memo with responses by Anthony Veneziano, Esq. of Veneziano and Associates. See attached memo. 3 006476 FREDERICK P. CLARK ASSOCIATES, INC. David J. Portman, A;c? Planning/Developmen tt Environment/Trans oriati n Howard 1. Reynolds, Pc Rye, New York and Southport, Connecticut R R {n R David H. Sto/man, A,ca 350 Theodora Fremd Avenue L5 LS V lS Michael A. Galante Rye, New York 10580 JUL 2 2 1997 Joanne P. W der, ACP (914) 967-6540 I MEMORANDUM VILLAGE CLERK'S 0MCEi To: Mayor Salvatore M. Cresenzi and Members of the Village of Rye Brook Board of Trustees Date; tiny 22, 1997 Subject; Substantive Review of the High Point Village PUD Concept Plan The purpose of this memorandum is to provide our substantive review of the Applicant's revised PUD Concept Plan for he proposed High Point Village Planned Residential Community. We note that the revised plan addresses many comments raised by our office, the Board of Trustees and the public; however, some issues still remain. Our comments are provided below. 1. Elimination of Buildings Within RPZ. The Applicant's revised PUD Concept Plan proposes to eliminate the previously proposed 60,000 square foot office building and residential units located within the Runway Protection Zone (RPZ). This plan modification has resulted in a significant reduction in the amount of traffic generation, stormwater runoff; wetland and wetland buffo: impacts and other associated site site disturbances. The proposed plan modification has also enabled the Applicant to provide a greater parkland dedication to the Village of Rye Brook totaling approximately 39 acres. The proposed dedication represents a substantial increase from the previous proposed parkland dedication of approximately 14 acres. We note, however, that more than half of the proposed dedication would consist of areas designated as wetlands or wetland buffer areas, All of the most usable property of the proposed dedication would consist of upland areas with slopes in excess of 15% located adjacent to the Village's existing compost facility. 2. Wetland Impacts, The PUD Concept Plan has been revised to substantially reduce impacts to wetlands and wetland buffer areas. The previously proposed concept plan included disturbances to these areas totaling 7.13 acres, it was our opinion however Connecticut •(203) 255-3100 FAX• (914) 967-6615 Long Island • (516) 364-4544 006477 FREDERICK R CLARK ASSOCIATES, INC. Planning!Development/Environment/Transportation that some of these impacts may have been understated in the Draft Environmental Impact Statement (DEIS). The revised concept plan proposes wetland and wetland buffer area disturbance of 5.21 acres. Most significantly has been the relocation of stormwater treatment pond �5 which previously proposed to dam a portion of the wetland located in the northeast corner of the property. The proposed relocation of this stormwater pond is a substantial improvement. However, it is noted that the Applicant is still required to provide mitigation measures to address impacts to a portion of the wetland and its adjacent 100-foot buffer area. We also note that there is still considerable disturbance within the 100-foot buffer area as designated by the New York State Department of Environmental Conservation (NYSDEC). This disturbance will be required to be reviewed and approved by the NYSDEC prior to any disturbance. It is not known at this time the extent of that review nor has any preliminary indication by the NYSDEC regarding such disturbances been provided. We note that no correspondence was received from the NYSDEC regarding its review of the High Point Village DEIS. It is possible that based upon the Department's review that plan modifications could be required. it is recommended that any approval of the PUD Concept Plan for the subject site be conditioned upon the approval of the NYSDEC or the Army Corps of Engineer and that any potential plan modifications would be required to be reviewed by the Board of Trustees. 31 Relocation of Main Site Access Drive. The Applicant has revised its PUD concept plan to relocate the proposed site access drive further north. The proposed relocation is an improvement in that it provides greater separation from Sherwood Drive which is located opposite the site in the Town of Greenwich. The length of the main site access drive has also been extended so that it will enable the Applicant to minimize site disturbance particularly in and around the Village Green area. Previously, the Applicant had proposed a substantial amount of grading on the property which would have resulted in an excess amount of fill material. These impacts have been reduced_ 4. Perimeter Buffer Area Encroachment. The previously proposed concept plan included encroachments of subdivision lots into the 150-foot perimeter buffer required along King Street. The revised concept plan eliminates most of these encroachments of lots, however, an increase in buffer area encroachment is proposed for the construction of the parking facility for the senior living facility. Under the revised concept plan, the proposed parking area would be set back approximately 100 feet 2 FREDERICK P. CLARK ASSOCIATES, INC. 006478 Plan ning/DeveloomenuEnv ironmenUTransportation from King Street. It is noted that pursuant to the perimeter buffer requirements of the Village's PUD District, such encroachments for parking are not permitted. The Applicant has also revised its plan to increase the amount of encroachment along the southern property boundary•. The previously proposed plan included a 100-foot buffer with minor encroachments for subdivision lots. The revised plan includes a 50- foot buffer plus the encroachment of some of these adjacent lots. In some instanccs, the encroachment of the rear yards of some lots is within 20 feet of the adjacent Property line. In addition, approximately eight units would he located within 100 feet of the southern property boundary. . At a minimum, it is recommended that the Applicant revise its concept plan to maintain a 50-foot undisturbed landscape buffer area. Such buffer should not include the encroachment of adjacent tots. 5. Village Green. Among the more significant modifications to the PUD Concept Plan has been the reconfiguration of the proposed Village Green. The preliminary Final Environmental Impact Statement (FEIS) prepared by the Applicant indicates that two alternative configurations are proposed for the Village Green. One proposes to maintain the existing Hospiral building on the site -- the other does not. According to information included in the preliminary FEIS, it appears that the alternative which preserves the Hospital building would result in less site disturbance and a better overall design. The Board of Trustees should discuss in more detail which alternative the Applicant is proposing and which it might find preferable. We note, however, that the revised configuration of the Village Green includes alleyways which intersect with the proposed loop road that result in undesirable intersection configurations. The proposed configurations include acute angles which could be problematic in terms of adequate vehicle sight distance. The Applicant should revise .its concept plan to correct this problem or provide supporting information which demonstrates that the proposed intersections provide adequate sight distance and safe intersection configuration. The parking configuration within the Village Green also includes undesirable dead- end parking. The plan should he modified to correct this configuration or provide adequate turnaround for vehicles. In addition, due Applicant should consider revising the parking configuration to integrate the two parking lots proposed on the west side' of the Village Green. We also note that the proposed parking lot located north of the proposed gym and club would include substantial slopes. The proposed grading plan should he revised to eliminate the steep slope of the parking facilities. 3 FREDERICK P CLARK ASSOCIATES, INC. 006479 Plan ningIDevelopment/Environmen tMansportation We also question the orientation and location of the proposed Village homes within the Village Green. In particular, the front of the proposed Village homes on the west side of the Village Green would be oriented towards the proposed parking lot. The rear of these homes would face a proposed alleyway. This configuration is not desirable from a community design perspective and will not afford residents of these homes privacy or appealing vistas. 6, Modifications to Internal Rcacfivays. The revised concept plan includes a greater number of dead-end streets and fewer through streets. The previously proposed concept plan included two cul-de-sacs and one small cul-de-sac which really served as a means of access for approximately four lots. The revised concept plan includes four cul-desacs. The Village Board of Trustees has expressed concern in the past with cul-de-sacs given the difficulties they present for the Village's service providers. We also note that the increase, in the number of cul-de-sacs particularly those located at the end of Road 2 and Road 3 within the center portion of the site do not permit the through movement of traffic which had been previously presented by the Applicant as being a desirable design configuration and one which advances the Applicant's objective of providing a development which incorporates elements of "new urbanism." It is recommended that the Applicant explore additional alternatives which provide for greater opportunities for the through movement of traffic, particularly along Roads 2 and 3, within the central portion of the site. 7, Modification in Lot Confio-urarion. The proposed development density is substantial. The revised concept plan appears to have maintained the same number of proposed residential units. These units, however, have been situated on a smaller area due to the reconfiguration of the plan to reduce encroachments into wetland and wetland buffer areas and the Runway Protection Zone. This consolidation or "tightening-up" of the concept plan has resulted in the reduction or elimination of previously proposed internal open space areas, Most significantly, the relocation of Road S further to the east has resulted in the reduction of the previously proposed open space area located between the rear of those homes fronting on the Loop Road and the rear of those homes located on the east side of Road S. We also nate that this area, due to the grading required of the' steep slope area, will result in substantial disturbance and the removal of vegetation along this hillside. The revised concept plant also eliminates the previously proposed pedestrian walkway which provided a separated open space area designated pedestrian access from the Village Green area to the northern portion of the site. 4 00648U FRE05AICK R CLARK ASSOCIATES, INC. planning/Development/Environment/Transportation The revised concept plan includes approximately nine flag lots. It is noted that the previously proposed concept plan also included flag lots, however, the revised concept plan includes four flag lots which are surrounded by homes on all four sides . and one flag lot which is surrounded by homes on three sides. The remaining four flag lots on the revised concept plan are located off of Road 5 near the Runway Protection Zone. These units appear to have been provided in lieu of the previously proposed cul-de-sac which would have resulted in substantial site disturbance, particularly within the 100-foot wetland buffer area, The proposed concept plan may result in a lot configuration which the Board of Trustees and potential home buyers may not find desirable. The consolidation of units onto a smaller portion of the sire, the elimination or reduction of previously proposed open space areas, the removal of existing vegetation and the proposed lot configuration will all contribute to increasing the perceived project density. The Applicant should consider revising its concept plan to incorporate additional internal open space opportunities and modify the proposed lot configuration to eliminate the proposed flag lots and better mitigate the impacts associated with the proposed project density. The reduction in the number of units may also be required, however we note that a modification in the proposed unit type could offset such potential losses and afford the Applicant additional flexibility in addressing these concerns. 8. Revised Site Disturbances. Overall, die revised concept plan reduces total site disturbance. Most of the reduction in site disturbance is due to the elimination of the proposed 60,000 square foot office building located in the northwest corner of the property. Excluding the office building area, it appears as though site disturbance on the remaining portion of the site has been increased. We note however the Applicant has not provided information which quantifies the extent of disturbance. Areas of greatest concern are the proposed disturbance of the steep slope area located on the east side of Road 5. We note that the relocation of this road will require substantial cutting into the adjacent slope in order to provide building areas for the homes located on the east side of Road 5. The amount of disturbance in this area will be substantial and will require significant manipulation of existing grades. We also note that many of the building site may require a building design which better,- responds to the significant grades on each of the building lots. There is also a considerable increase in proposed site disturbance along the southern property line adjacent to Royal Executive Park. The previously proposed PUD Concept Plan generally maintains at least 60 feet of undisturbed buffer along this 5 FREDERICK P. CLARK ASSOCIATES, INC. 006481 Planningi Development/Environrrent/Transportatlon property he. The revised concept plan would involve site disturbance and the substantial removal of existing vegetation within a few feet of the southern property line. Such disturbance, would extend approximately 1,300 feet. This would all but eliminate the existing buffer along this property line. The Applicant should revise its plant to reduce the amount of site disturbance in this location and preserve a greater amount of existing vegetation. 9. Senior Living Facility. The revised concept plan includes a number of modifications and new information related to the proposed senior living facility located in the southeastern corner of the site. The revised concept plan would realign the proposed service access drive but would maintain the site access location along King Street. The plan includes additional parking spaces many of which encroach within the 1j0- foot buffer area along King Street. The previously proposed concept plan significantly understated the proposed parking needs for this facility. The concept plan has also been revised to eliminate the driveway access which connected the proposed senior living facility to the loop roadway. A new entrance and.turnaround has been proposed on the south side of the building. A cross-section included in the preliminary FEIS prepared by the Applicant also provides more information regarding how the building will be situated on the property and its relationship to the existing topography. According to this figure, the proposed building will be cut into the existing slope and a retaining wail would be provided on the west side of the proposed building. It is recommended that the Applicant provide more information including a detailed grading plan which specifically shows the proposed grading for the senior living building and its adjacent parking area. It is also recommended that the Applicant examine possible alternatives which modify the design of the senior living building so that it is better integrated with the Village Green area located on its west side. In its current orientation and proposed grading configuration, the building appears to be physically separated from the remainder of the development. The Applicant should evaluate new alternatives which better integrate this facility into the rest of the development. 1O.Hislorical and Archaeological Information. The preliminary FEIS prepared by the Applicant includes new information regarding the specific location of historic and archaeological resources found on the site and their relationship to the proposed development. We note that the site of the former Judge Thomas House and a second archaeological find could be disturbed as a result of the proposed development. The 6 FREDERICK R CLARK ASSOCIATES, INC. 006482 Planning/oevelopmen UEnvironmen1JTransportation Applicant should provide more information regarding the. measures it intends to incorporate to m4ATn;ze impacts on these historic and archaeological features. 11.Environmental Assessments. The preliminary HIS prepared by the Applicant has provided new information regarding the environmental contamination on the site. Under the Applicant's latest proposal, the contaminated material would be removed and deposited in an appropriately regulated facility. Information regarding this environmental impact is limited and should be further expanded by the Applicant_ in particular, the Applicant should quantify the amount of contaminated material and provide a detailed description of the proposed Best Management Practices to be used during the clean-up of the contaminated soil. IZ,Stormwater Treatment. The Applicant should provide more information regarding the proposed stormwater facilities and their ability to provide adequate water quality measures. We are particularly concerned with respect to the drainage and stermw•ater quality measures proposed for the cul-de-sac, roadway and adjacent Lots Z? through 35. We note that it is typically not acceptable to discharge untreated stormwater into wetlands orwetland buffers. The Applicant has also proposed a series of dry detention ponds located within the wetland buffer areas, We do not recommend the use of dry detention areas for stormwater management since these areas are not the most effective in providing nutrient and pollutant removal. The Applicant should explore alternative stormwater detention methods which provide greater water quality benefits and better replicate the functions of the adjacent wetland and wetland buffer area. 13.Required Approvals. In addition to the approvals of the NYSDEC noted above, the proposed concept plan will require approvals from the United States Army Cote of Engineers (ACOS) and the New York State Department of Transportation (NYSDOT). It is recommended that any approval of the concept plan be contingent upon the Applicant obtaining the appropriate approvals from these agencies. Any concept plan modifications as a result of the approvals associated with these agencies may require further examination by the Board of Trustees. Christian K. Miller, A1CP Assoc iate/P tanning cc: Village of Rye Brock Planning Board Christopher L Russo Kenneth E. Powell, Esq. 7 July 22, 1997 RESOLUTIONS: 006483 2. CALLING FOR A PUBLIC HEARING ON SEPTEMBER 23 1997 AT 7:30P.M. ON LOCAL LAW INTRO. #10 - 1997 TO INCREASE THE PROPERTY VALUE CAP FOR THE NYS ALTERNATIVE VETERANS' EXEMPTION PROGRAM PURSUANT TO SECTION 458-a OF THE REAL PROPERTY TAX LAW: Trustee Strum said that he was going to abstain because he's a veteran. Trustee Zuckerman said that the memo from the Assessor was not adequate and that he wanted the Village Administrator or the Village Attorney to find out what the law does and does not do. Ken Powell said that the entire memo addressed the calculation of the exemption and that it was complicated. Mayor Cresenzi said that they should speak to Bill Wendlandt to find out more information. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON SEPTEMBER 23, 1997 ON LOCAL LAW INTRO. #10 - 1997 TO INCREASE THE ALTERNATIVE VETERANS' PROPERTY TAX EXEMPTION UNDER § 458-a OF THE NEW YORK STATE REAL PROPERTY TAX LAW RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday September 23, 1997, at 7:30 P.M., at the Village Offices, 938 King Street, Rye Brook, New York, to consider Local Law Intro. #10 - 1997 entitled, "A Local Law Amending Chapter 228, Article IV of the Code of the Village of Rye Brook to Increase the Alternative Veterans' Tax Exemption under §458-a of the New York State Real Property Tax Law." TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 3. CALLING FOR A PUBLIC HEARING ON SEPTEMBER 9 1997 REGARDING THE PROPOSED SUBDIVISION APPLICATION BY HILLANDALE: " On the motion of Trustee Tunis, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON SEPTEMBER 9, 1997 ON 4 July 22, 1997 THE PROPOSED FILLANDALE ASSOCIATES SUBDIVISION 006484 FOR THE PROPERTY AT 24 HILLANDALE ROAD i SECTION 1, BLOCK 7, LOTS 2B2 & 3112 RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, September 9, 1997, at 7:30 P.M., at the Village Offices, 938 King Street, Rye Brook, New . York, to consider the proposed Hillandale Associates subdivision of the property at 24 Hillandale Road, Section 1, Block 7, Lots 2b2 & 3b2. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4. CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19 1997 ORIGINALLY HELD ON MAY 13 1997 ON THE HIGH POINT VILLAGE PLANNED UNIT DEVELOPMENT PLAN AND LOCAL LAW INTRO. #7- 1997 REVISING THE "PUD" ZONE TEXT TO PERMIT SENIOR LIVING FACILITIES AS A PERMITTED USE AND REVISING "PUD" BUFFER AREA AND PARKING REQUIREMENTS: Trustee Strum asked if the surrounding property owners would be informed and Administrator Russo said that they would be infonned. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19, 1997 ON THE HIGH POINT VILLAGE PUD PLAN AND LOCAL LAW INTRO. #7 - 1997 REVISING THE PUD ZONE TEXT RESOLVED, that a Public Hearing will be reconvened by the Board of Trustees of the Village of Rye Brook on Tuesday, August 19, 1997, at 7:30 P.M., at the Village Offices, 938 King Street, Rye Brook, New York, on the High Point Village Planned Unit Development Plan and Local Law Intro. #7 - 1997 revising the PUD zone text to permit Senior Living Facilities as a permitted use and revising PUD buffer area and parking requirements. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5 July 22, 1997 00648b 5. CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19 1997 ORIGINALLY HELD ON MAY 13 1997 ON LOCAL LAW INTRO. #8 - 1997 TO AMEND THE VILLAGE'S ZONING MAP TO REZONE THE HIGH POINT PROPERTY FROM OBCAMPUS /OFFICE BUILDING TO PLANNED UNIT DEVELOPMENT DISTRICT IN ACCORDANCE WITH THE "PUD" CONCEPT PLAN: On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19, 1997 ON LOCAL LAW INTRO. #8 - 1997 TO AMEND THE VILLAGE'S ZONING MAP TO REZONE THE HIGH POINT PROPERTY FROM OBI CAMPUS/OFFICE BUILDING TO PLANNED UNIT DEVELOPMENT (PUD) IN ACCORDANCE WITH THE PUD CONCEPT PLAN RESOLVED, that a Public Hearing will be reconvened by the Board of Trustees of the Village of Rye Brook on Tuesday August 19, 1997, at 7:30 P.M., at the Village Offices, 938 King Street, Rye Brook, New York, Local Law Intro. #8 - 1997 to amend the Village's Zoning Map to rezone the High Point property from OB 1 Campus/ Office Building to Planned Unit Development (PUD) in accordance with the PUD Concept Plan. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6. RATIFYING THE APPOINTMENT OF JOHN REAVIS TO THE EMERGENCY MEDICAL SERVICES COMMITTEE: Tony Sutton said that the term should be for two years instead of one year. He said that it was probably an error that should be reviewed. He also said that the appointment was made by Port Chester and that they would have it on file. Since the Village of Rye Brook had it on file too, Administrator Russo said that the appointment was for one year, but that he believed Mr. Sutton was correct. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION RATIFYING THE APPOINTMENT OF JOHN REAVIS TO THE EMERGENCY MEDICAL SERVICES COMMITTEE WHEREAS, the Inter-Municipal Agreement (IMA) between the Village of Rye Brook, the City 6 July 22, 1997 006486 of Rye and the Village of Port Chester for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, John W. Reavis Jr., of 328 King Street, Apt. #6 B, Port Chester, New York, was appointed on June 3, 1996 to the Committee for a one year term which expired on June 30, 1997; and WHEREAS,the Port Chester • Rye • Rye Brook Volunteer Ambulance Corps, Inc., has advised our municipalities that Mr. Reavis is an active participant and he wishes to continue his service on the Committee. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Trustees of the Village of Rye Brook ratifies the re-appointment of John W. Reavis Jr., of 328 King Street, Apt. #6 B, Port Chester, New York, to the Emergency Medical Services Committee for an additional one-year term, and that his name be presented to the City of Rye for their approval. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7. AUTHORIZING THE VILLAGE TO ENTER INTO A REVISED ASSIGNMENT OF THE WESTCHESTER COUNTY SOLID WASTE IMA: On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPROVING A REVISED SOLID WASTE IMA ASSIGNMENT RESOLVED, that the Village of Rye Brook is authorized to enter into a revised assignment of the agreement between the Town of Rye and the County of Westchester for the disposal of municipally collected solid waste ("Solid Waste IMA") under which the Town of Rye will assign the Solid Waste IMA to the Village of Rye Brook to the extent that it relates to the area within the Village of Rye Brook; 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 STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7 July 22, 1997 8. AUTHORIZING THE WESTCHESTER TRIATHLON TO USE VILLAGE STREET Q 6 4 8 7 FOR THE RUNNING OF THE 14TH WESTCHESTER TRIATHLON ON SUNDAY SEPTEMBER 14, 1997: On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION WESTCHESTER TRIATHLON 14TH RUNNING WHEREAS, the Village of Rye Brook has received a written communication from Westchester Triathlon Committee Chairman Wayne M. Rubin, regarding the 14th Westchester Triathlon; and WHEREAS, the running of the 1997 Westchester Triathlon is scheduled for Sunday, September 14, 1997, from 8 to 11 a.m.; and WHEREAS, the Triathlon Committee for many years has provided a competitive outlet for the fitness minded members of our community and our region who are interested in running the Triathlon, which includes a swim-leg through Long Island Sound, a bicycle-leg through several Sound Shore communities including Rye Brook, and a foot-race running through Rye completing the whole triathlon at the boardwalk in Playland; and WHEREAS, the fourteenth running of the Westchester Triathlon again will be held for the benefit of the St. Agnes Children's Hospital Rehabilitation Center and the YMCA. NOW, THEREFORE, BE IT RESOLVED that the Village of Rye Brook Board of Trustees authorizes the Westchester Triathlon to make use of Village streets for the route of the Triathlon's Bicycle leg of its race; and BE IT FURTHER RESOLVED that the Police Chief and the Triathlon Committee have discussed and will work out the assignment of police officers adequate to ensure the safe use of Rye Brook's streets for the duration of the race in Rye Brook for both the competitors and drivers; and BE IT FURTHER RESOLVED in the interest of friendship and goodwill that the Village of Rye Brook wishes the best of luck to the Race Committee in the sponsoring of the 14th Westchester Triathlon and requests that the Committee ensure the continued cleanliness of Village streets by removing as best as possible any signs, garbage or debris on Village streets resulting from the running of the Westchester Triathlon through Rye Brook. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 8 July 22, 1997 006488 8A. LAWRENCE ENGLE APPOINTMENT TO THE ADVISORY COUNCIL ON PARKS AND RECREATION: RESOLUTION ADVISORY COUNCIL ON PARKS AND RECREATION On the motion of Trustee Tunis, seconded by Trustee Zuckerman, the following resolution was hereby: RESOLVED, that Lawrence Engle of 12 Churchill Road be hereby appointed to the Advisory Council on Parks and Recreation for a term to expire on the first Monday in April 2000. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9. CONSIDERING ENACTING ATTENDANCE REQUIREMENTS FOR VILLAGE OF RYE BROOK VOLUNTEER BOARDS AND COUNCILS: Trustee Pellino said that he thought there was already a 75% attendance requirement. Mayor Cresenzi said that there already was one for the Zoning and Planning Boards but not for all committees. Trustee Strum asked who would be responsible for the tracking of attendance and the removal of members. Administrator Russo said that the Chairmen would be responsible. Ken Powell said that the boards are set up by statutes and local laws. He said that they must conform to existing procedures and that the current resolution presented difficulties in enforcement. Mayor Cresenzi said that it was a disservice to the public if the boards couldn't function because of quorum problems. Trustee Zuckerman withdrew his motion and no action was taken on this resolution. Ken Powell will look up each board individually and make sure that it complies with existing procedures. He will also amend the resolution to make sure that it is correct. 10. CHECK REGISTERS: On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: 9 July 22, 1997 On-Line Checks 16570 -16677 6 Payroll 23152 - 23253 - 489 Environmental 180 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION FRIENDS OF RYE BROOK, INC. CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: Friends of Rye Brook Inc. 134 - 137 NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Friends of Rye Brook, Inc., hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE MINUTES: On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following sets of minutes were hereby adopted: 11. NOVEMBER 12, 1996 12. NOVEMBER 26, 1996 10 July 22, 1997 006490 Mayor Cresenzi announced the next meeting dates. There being no further business, he adjourned the — meeting at 10:55p.m. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk 11