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HomeMy WebLinkAbout1999-08-17 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, AUGUST 17, 1999 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTIONS: I. CONSIDERING REFERRING THE APPLICATION BY BELL — ATLANTIC FOR SPECIAL PERMIT APPROVAL FOR A VAULT IN THE RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF BETSY BROWN RD. &c NO. RIDGE ST. TO THE PLANNING BD. 2. CONSIDERING ADOPTING THE SCOPE OF DEIS ON THE _— APPLICATION BY KF RYE BROOK/GARDEN INN HOTEL. 3. CONSIDERING THE SPECIAL PERMIT APPLICATION BY RYE _ — PORT REALTY FOR 58 BOWMAN AVENUE. 4. CONSIDERING GUIDELINES FOR RYE BROOK SR. CENTER. 5. CONSIDERING AN INDEMNIFICATION WITH THE TOWN OF —. HARRISON TO ALLOW RYE BROOK'S POLICE TO USE THE HARRISON PISTOL RANGE. G. PERSONNEL MATTERS. -- MINUTES: 7. NOVEMBER 3, 1998 — — 8. JANUARY 2G, 1999 ----- 9. FEBRUARY 9, 1999 -- — 10. MAY 11, 1999 -------- 11. MAY 25, 1999 12. JUNE 15, 1999 — WRITTEN C'OIVIMEJNICATIONS: 13. MICHAEL STOLZAR: -- REQUESTING APPROVAL FOR THE ANNUAL TURKEY TROT TO USE VILLAGE STREETS ON NOVEMBER 25, 1999. —MORE— Page Two DISCUSSION: 15. LOCAL LAW ON ETHICS CODE AMENDMENTS. -- --- 16. LOCAL LAW ON TELECOMMUNICATIONS FACILITIES. NEXT TRUSTEES MEETING SEPTEMBER 14, 1999 and SEPTEMBER 28, 1999 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at(914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK TUESDAY,AUGUST 17, 1999 —7:30 P.M. 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. Filipowslci Trustee Jody H. 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 Village Treasurer, Diane DiSanto Assistant to the Administrator, Richard C. Slingerland Village Engineer, Victor Carosi Paula Patafio, Meeting Secretary RESOLUTIONS 1. CONSIDERING REFERRING THE APPLICATION BY BELL ATLANTIC FOR SPECIAL PERMIT APPROVAL FOR A VAULT IN THE RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF BETSY BROWN ROAD AND NORTH RIDGE STREET TO THE PLANNING BOARD. Village Administrator Christopher Russo read the resolution. Trustee Degling asked for a description of the vault, what it would contain and why it was necessary. He noted that five years ago a similar vault was proposed for North Ridge Street, Mr. Christian Miller stated that there was a preliminary discussion at the August 12, 1999 meeting of the Planning Board regarding this application. He noted that although the most appropriate person to respond to the contents of the unit is the applicant, he offered a brief description. This is an underground unit that controls switches for fiber optics. As this application goes through the review process the applicant will respond to this question. This vault will enhance telecommunication facilities for the Village, however, the question is not whether or not we need this unit but rather whether or not it should be in this particular location. Mr. Miller noted that the Planning Board has raised this issue and has asked the applicant to explore other alternative locations. He noted that the applicant has expressed, several times, that there is a significant need for this facility as they are having difficulty accommodating current service demands. Walter Niles, a resident of Rye Brook, questioned the location of this item. He noted that the current application was for a location between two pillars on the corner of Betsy Brown Road and felt that this was not a proper location. On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION REFERRING THE APPLICATION OF BELL ATLANTIC TO THE PLANNING BOARD FOR A SPECIAL PERMIT TO INSTALL A PUBLIC UTILITY VAULT IN THE VILLAGE RIGHT-OF-WAY AT THE SOUTHWEST CORNER OF NO. RIDGE STREET AND BETSY BROWN ROAD. RESOLVED, that the application of Bell Atlantic, NA, for special permit approval to install a utility vault within the Village of Rye Brook right-of-way on the southwest corner of No. Ridge Street and Betsy Brown Road is referred to the Planning Board for a report and recommendation; and it is further RESOLVED, that the applicant shall pay the sum of$1,000 into the professional fees/environmental review fund, and such additional sums as may be requested to defray the costs of review of the application. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 2. CONSIDERING ADOPTING THE SCOPE OF DEIS ON THE APPLICATION BY KF RYE BROOK/GARDEN INN HOTEL. Village Planning consultant, Christian Miller stated that on the agenda this evening was consideration of adopting a scope for the draft environmental impact statement (DEIS). The scope is the outline of the type and extent of analysis to be covered in the DEIS. The Board of Trustees raised a number of threshold issues at past meetings. The first of which was the question of whether or not the application complies with the Zoning Code. At the last meeting the Village Building Inspector developed an official determination and, in response to that, the applicant's attorney prepared a letter which has been given to the Board for review. Mr. Miller has reviewed this letter and did not find anything so compelling that it would require the Building Inspector to re-visit the original determination of not being in compliance. As such, it appears that the applicant should amend its application in one of three ways; The first thing the applicant can do is petition the Zoning Board of Appeals to seek relief from some of the zoning standards. They could petition the Zoning Board of Appeals for relief or clarification on interpretation of the Building Inspector's official determination. The Village Board cannot overrule the determination of the Building Inspector. A second course of action would be to modify its plan—the actual site plan— so that it complies with the zoning determination. It should be noted that there are some zoning standards by the nature of the determination, as well as the existing zoning standards, that no matter what modification the applicant makes it will not comply (i.e., minimum lot area or required street frontage). It is important to note that some of the failure to comply is not the applicant's doing but rather the nature of the zoning standards when applied to this property. The third thing the applicant can do is to amend its petition to request zoning text amendments to get relief from the various zoning standards. Currently the applicant has petitioned the Board to amend certain sections of the zoning law. Mr. Miller felt that the issues were significant enough that it could effect what the proposed action is. This is a very basic aspect of a DEIS —what is it that you are evaluating? Also important to note is, depending on the avenue that the applicant chooses, there could be different involved agencies. The Zoning Board of Appeals could be an involved agency, in which case that needs to be identified. Mr. Miller stated that it would not be appropriate to adopt a scope at this time. He felt that the most appropriate course of action would be to request that the applicant amend its petition to address these zoning compliance issues. Bruno Gioffre, Esq, addressed the Board as representative for the applicant. He stated that the initial letter, the draft and the DEIS itself raised certain points relative to the fact that zoning text changes were requested. The letter from the applicant raised similar issues. The applicant requested certain interpretations in some areas and it might well be the interpretative body is the Zoning Board of Appeals Mr. Gioffre felt that the Village Board has the power to indicate its willingness to look at the application and the site and to deal with the requests for interpretation. This does not mean interpretation of the code, but rather to decide two things: Whether within the purview of the legislative power of the Board it intends to deal or remediate some, all or none of the conditions. Mr. Gioffre felt the Board had the authority to act on a discretionary basis, looking at the merits of the application. The applicant is prepared to capsulize so that it will be defined in a clearer fashion the items that are being requested to be dealt with. It was Mr. Gioffre's belief that the history of the zoning of this site and this zoning classification was such that there were serious questions that this Board address with respect to what it intended and how it looked at this site in relation to possible zoning text changes. The threshold question the Board has to look into is whether the site is a useable HI site within certain constraints. Mr. Gioffre suggested that the reason the applicant did not want to be referred to the Zoning Board of Appeals was because of the potential for a never-ending consequence of decisions at that level. Mr. Gioffre stated that when the Board recognized that this site would be zoned as it is now zoned they did so realizing that this is a better use than other uses that were put to it. It is important to note that there was a knowledge that the property was zoned for a particular use when the homes at Doral Green were conceived, built and purchased. As the Board defines and delineates the issues there should be a combined effort that this is a matter that needs to be looked at on a legislative basis. He asked, therefore, that the Board bear in mind the applicant's concerns and move forward with the application. Mayor Filipowski noted that the Board had evaluated everything presented and had looked to Mr. Miller for his input. The Mayor asked Village Attorney Ken Powell for his guidance regarding what the Village Board could do and what were the parameters for the 'Zoning Board to address. Mr. Powell noted that there are a few categories of issues. The first being the issues which have to do with the dimensions of what is built on the site. A second is the usability of the site for a hotel. The issue with respect to basic usability is primarily a legislative judgment. The legislative judgment is not bound by specific statutory limitations and the Board would have a much greater leeway to make judgments on the application then would the Zoning Board of Appeals. Another point is that if the application goes to the Zoning Board of Appeals then the Zoning Board of Appeals would be making the basic decisions on the application and not the Board of Trustees. Trustee Degling felt that the applicant could modify the application to come closer to the zoning requirements. And one of the things the Board could consider is some relaxation of the zoning requirements here and there. He felt that cutting down this concept a little bit would go a long way in meeting the zoning problems and he, therefore, suggested that the applicant attempt this. Trustee Zuckerman asked who should take the first step. Trustee Zuckerman stated that there is an area zoned for a hotel upon which no hotel can be built. The primary problem is that the zoning code requires 12 acres and our Building Inspector has determined that there are less than 12 acres. Additionally there are frontage problems. Most of these problems occurred because of amendments made in 1995 and then 1996. Thus, we are faced with the issue that if the applicant requires an amendment which Board should take the lead—the Board of Trustees or the Zoning Board of Appeals? Presently this recognition does not exist because the applicant has put forth a different interpretation than the Village Building Inspector has as to what the status of the law is. As long as this situation persists, the proper forum would be to go to the Zoning Board in an attempt to overturn that interpretation. An alternative is an amended application in which the applicant admits that the Building Inspector's determination is the correct determination and that in response to it we need to change the law. Trustee Degling noted that the site has been zoned for a hotel, however, it has been suggested that a hotel cannot be built on it. He was not prepared to bar a hotel, but was prepared to set limits on the size and type of hotel on the property, based on zoning and other restrictions. Steven M. Silverberg, Esq., of the firm of Kirkpatrick& Silverberg, addressed the Board as representative for the Doral Greens' Homeowners Association. He felt that the applicant should be made to clarify and define their application. He agreed with Trustee Zuckerman's feeling that the applicant should either disagree with the interpretation and go to the Zoning Board of Appeals or concede that this interpretation is correct and request specific relief from the Village Board. The applicant should categorize what is required based upon what they are asking for and how large a building they are intending to build. It has been decided that the property is designed for a hotel with a particular frontage, area size, etc. and a lot of this is related to the amount of density that you can get on the site. This applicant is seeking to build a density that would fit on a 15 acre site, utilizing about 7 acres. The Village Board needs to determine what the applicant is requesting in order to determine the appropriateness of their request. He felt that all delays are a result of the applicant's actions. Mr. Gioffre responded to Mr. Silverberg's comments by stating that this was an unfair characterization. The delays have been due to the evolutionary process. As a part of this process certain issues have been raised, and raised at the appropriate times, and they were responded to by the applicant. It is a fact that the applicant does not agree with some of the interpretations and this is a part of the problem. There are current disputes such as whether the site is a 12 or a 10 acre site. The applicant has been responding to issues that were raised. The Building Inspector's letter is dated July 27°i and August 5' or 9` is the date of the letter responding to the issues addressed in this letter. He suggested that the process go forward. There are other minor questions which have not been responded to, however, they are felt to be minor in relation to the principals of this application. Mr. Ken O'Gara, Director of Corporate Facilities & Services of Pepsico, addressed the Board. He was present with an associate and their counsel. He stated that Pepsico purchased the property in 1993. They have had many discussions with the community regarding what would be proper and what the future of this property should be. The message that they received was that a hotel, consistent with the zoning, would be appropriate. Ile felt that the current project was very good. Pepsico will not continue to own this property and they will continue to assist this applicant to move forward with this proposal. They believe that both the applicant and the plan are of the highest caliber. He encouraged everyone to give the applicant the direction that was needed in order to move forward. He assured the Board that they are concerned about the valuation of the property and they will be monitoring the project closely. Mr. Powell noted that the Resolution should be tabled to the next meeting which is scheduled for September 14"'. Mr. Richard F. Hubert of Doral Greens addressed the Board. He felt that Mr. O'Gara's comments regarding requesting the communities' opinion needed a response. He stated that Pepsico has never met with any members of the Doral Greens Homeowners' Association. He felt that it would be important for a discussion such as this to take place. There was a motion to table the resolution made by Trustee Zuckerman, seconded by Trustee Degling and the following vote was taken: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOW SKI VOTING AYE So the resolution considering adopting the Scope of DEIS for the Garden Inn Hotel was tabled, with consent of the applicant. 3. CONSIDERING THE SPECIAL PERMIT APPLICATION BY RYE PORT REALTY FOR 58 BOWMAN AVENUE. Mr. Ken Powell summarized the Resolution which grants a Special Permit application to run a real estate business out of 58 Bowman Avenue. The resolution notes that the property is an in R2F zoning district. This application was referred to the Planning Board which recommended approval. On May 1 I" the Board of Trustees conducted a public hearing. The Board of Trustees determined that after an environmental review that it will not have a significant adverse impact on the environment and an environmental impact statement will not be prepared. If the resolution is adopted, it will grant a special permit subject to a variety of conditions. One of which is that certain variance need to be obtained from the Zoning Board of Appeals regarding off-street parking. A second is that the environmental review fee will be paid by the applicant. The special permit would only authorize a real estate office and if the use were to change it would require an amendment to the permit. The third condition limits the maximum number of full time employees at the site to two, other than the business owner. An additional condition requires that within seven years from April 1, 1997 that the applicant install a fire sprinkler system. Operations of the real estate office will be limited to weekdays, from 9:00 a.m. to 6:00 p.m. The garage at the rear of the site, which provides screening functions, will remain and lighting will be maintained and adjusted. Additionally, the front left room of the first floor will be a conference room, brokers, sales agents, etc. will use the parking area off of Osborn Place and customers will not be directed towards those spaces. The condition also requires the applicant to cooperate if there are joint parking facilities proposed by other special permit users in the area, and that the one bedroom apartment will be rented to a single individual who will be permitted one car. A negative declaration is appended to the Resolution. Mayor Filipowski was concerned about changes taking place. He referred to an application that was before the Board in November of 1998 regarding 538 Westchester Avenue. At that time it was suggested that the Board pay close attention to the development and applications being considered on Westchester and Bowman Avenue. There are a large number of resolutions and applications for this area. It is believed that this application will permit a change that will effect this area. Trustee Zuckerman agreed with the Mayor. He has named this process "Creeping Commercialism." There is a situation here where there are residential buildings slowly but surely turning over into commercial establishments. This is being done through special use permits. If this Board believes that area should become commercial then the master plan should be modified, public hearings should be held, and the area should be made a commercial area or let it remain residential. The residents of the area should come out and tell the Village Board what they would like in that area. To one by one approve commercial establishments along that strip alters the character of the Village. He noted that the application before the Board has, many, many conditions and asked who will be responsible for enforcing these conditions. Trustee Brackman noted that she has looked at this application, the subject property and the code very closely, and it seemed to her that the neighborhood is zoned two-family and a professional use is allowed. The area is developing into a commercial area. She is therefore, in support of the application. Trustee Herman noted that the environmental review fees had not been paid by the applicant and asked the applicant's intention. Mrs. Kathy Zaccagnino stated this fee will be paid within a week. Additionally, she agreed to all of the restrictions imposed upon her. Mr. Rich Lubkin, member of the Planning Board, addressed the Village Board. He noted that the corridor of Bowman and Westchester Avenue was discussed at the last Planning Board meeting and it was the consensus of the Board that it is not necessarily inappropriate that neighborhood become commercial. He stated that the Port Chester side of the border is fairly commercial. The community should specifically analyze this corridor in a master plan but the incremental nature of these master plan changes should not hold the applicant up. Trustee Brackman asked for clarification on a master plan. Mr. Miller responded that there is no specific plan document other than the zoning text itself but that the Village is looking into this. Mr. Peter Pitocco of North Ridge Street agreed that there should be a master plan for the Village, however, he noted that there were no residents present complaining about the special use permit for this piece of property. He felt that the Village needed more commercialism and less cluster housing which would create more of a burden on the taxpayers. He noted that the rest of Bowman Avenue is commercial, in Port Chester or across Ridge Street. On the motion of Trustee Degling, seconded by Trustee Brackman, the following resolution was adopted: RESOLUTION RYE PORT REAL ESTATE INC. 58 BOWMAN AVENUE SPECIAL PERMIT APPLICATION REAL ESTATE BUSINESS WHEREAS, Rye Port Real Estate, Inc., has made an application under the Rye Brook Zoning Code Section 250-25 (C) (3) for a special permit to use a dwelling at 58 Bowman Avenue as a real estate office which the applicant advises will be a low intensity operation; and WHEREAS, the property is located in an R-217 zoning district upon approximately 6,645 square feet of property, which is also known and shown as Section 1, Block 23, Lot 5-1 on Village tax assessment maps; and WHEREAS, the application was referred to the Village's Planning Board which recommended approval of the application subject to receipt of certain variances, and on May 11, 1999, the Board of Trustees conducted a public hearing on the application upon due notice; and WHEREAS, the application consists of the following plan: Rye Port Real Estate Inc., 58 Bowman Avenue, Rye Brook, New York prepared by Contadino Architect AIA dated September 17, 1998, last revised March 8, 1999; and WHEREAS, it is found that the real estate office use conforms to the standards of Section 250-6 (1) (b) (1) and (2) of the Zoning Law of the Village of Rye Brook; and WHEREAS, based on a review of the environmental assessment form, consideration of the nature of the use, the recommendations received and the record, including the information obtained at the public hearing, the Village Board finds that the action is an unlisted action under the State Environmental Quality Review Act (SEQR) which action will not have a significant adverse impact on the environment, and, therefore, a draft environmental impact statement will not be prepared. NOW, THEREFORE, BE IT RESOLVED, that the accompanying negative environmental declaration is adopted; and it is further RESOLVED, that the application for a special permit is granted and the special permit may be issued, subject to the following conditions: CONDITIONS TO BE SATISFIED BEFORE SPECIAL PERMIT IS ISSUED 1. The special permit shall not be effective unless and until: 1. The applicant shall obtain all necessary variance(s) from the Zoning Board of Appeals, regarding the number of spaces and the configuration of all off-street parking. 2. All professional/environmental review fees incurred by the Village in the review of this application shall be paid in full, satisfactory to the Village Administrator, OTHER CONDITIONS 2. The special permit is issued for a real estate office only. Any change of use to a different professional use, in whole or in part, shall require an amendment of this special permit. 3. The maximum number of persons who may be employed full time at this location in the real estate office shall be 2 persons, other than the business owner. 4. In accordance with the Village of Rye Brook Code, Section 212-4, the applicant will have 7 years from April 1, 1997, the effective date of the Village's Sprinkler Law, to install an approved fire sprinkler. 5. Operation of the real estate office shall be limited to weekdays, and will not commence before 9:00 a.m. or extend beyond 6:00 p.m. 6. The garage shall be maintained to screen the office use from the residential uses on Osborn Place. Lighting at the site shall be maintained and adjusted, including from time to time at the direction of the Building Inspector, so as to minimize impacts upon nearby residential uses. 7. The front left room on the first floor, from the perspective of an observer facing the house from Bowman Avenue, shall be used as a conference room only. 8. Brokers, sales agents and employees may use the parking spaces accessed from Osborn Place, but customers and clients will not be directed to these parking spaces, but will be directed to parking on Bowman Avenue. The owner of 58 Bowman Avenue shall cooperate with any alternate joint parking facilities as may be proposed or developed in the vicinity of 58 Bowman Avenue by other property owners with special permits to the maximum extent feasible. 9. The one bedroom residential apartment on the second floor will be limited to a single individual who may park only one car on this property. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting No Mayor Filipowski Voting No Mayor Filipowski noted that the Resolution has passed but that nothing would happen until the fees were paid. Additionally, this application must now go to the Zoning Board. 4. CONSIDERING GUIDELINES FOR RYE BROOK SENIOR CENTER. Mr. Russo read the resolution. He noted that there was a public hearing held on these issues and anyone interested could request a copy of the guidelines. Trustee Zuckerman asked why this resolution was necessary when some of the issues were covered under the law. He felt that many of the guidelines were self-evident, Mr. Russo responded that these were policy issues, since many minor infractions would be better off not involving law enforcement. On the motion of Trustee Brackman, seconded by Trustee Herman, the following resolution was adopted: RESOLUTION APPROVING GUIDELINES FOR THE RYE BROOK SENIOR CENTER WHEREAS, the Village Board of the Village of Rye Brook has received a document entitled, "Guidelines for Participants of the Rye Brook Senior Center," from the Village's Senior Citizen Coordinator, which have been reviewed by the Senior Citizen President, and recommended for adoption by the Village Board; and WHEREAS, the guidelines are intended to address several issues in,order to ensure the greatest satisfaction with this growing program. NOW, THEREFORE, BE IT RESOLVED, that the accompanying Guidelines for Participants of the Rye Brook Senior Center dated July 12, 1999 be and hereby are adopted for the Rye Brook Senior Citizen Center. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye S. CONSIDERING AN INDEMNIFICATION AGREEMENT WITH THE TOWN OF HARRISON TO ALLOW RYE BROOK'S POLICE TO USE THE HARRISON PISTOL RANGE. Mr. Russo read the resolution. Trustee Degling asked why this indemnification was necessary for any infringement of"....any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal property..." Trustee Brackman noted that any type of indemnification having a clause such as this is permissible. Trustee Zuckerman noted that without this indemnification the bottom line is that our police force would not be able to use this range. On the motion of Trustee Zuckerman, seconded by Trustee Brackman, the following resolution was adopted: RESOLUTION USE OF TOWN OI+HARRISON POLICE DEPARTMENT PISTOL RANGE WHEREAS, the Rye Brook Police Department desires to use the Town of Harrison Police Department Pistol Range; and WHEREAS, the Town of Harrison and Village of Harrison require from any municipality requesting use of its Pistol Range proper insurance naming the Town of Harrison and Village of Harrison as additional insureds and a fully executed Indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison. NOW, THEREFORE, BE IT RESOLVED, that an Indemnification Agreement inuring to the benefit of the Town of Harrison and Village of Harrison be executed; and be it further RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Mayor to execute the attached Indemnification Agreement, and to deliver same to the Town Attorney of the Town of Harrison; and be it further RESOLVED, that a copy of this resolution be forwarded to the Town Attorney of the Town of Harrison with a fully executed copy of the Indemnification Agreement. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye ]Mayor Filipowski Voting Aye 6. PERSONNEL MATTERS. Mr. Russo read the resolution, which was regarding salaries for non-union and management employees in the Village. Mayor Filipowski congratulated Mr. Rich Slingerland on his recent promotion to Village Administrator for the Village of Tarrytown. He thank Mr. Slingerland for all of his efforts on behalf of the Village of Rye Brook and wished him well in his new position. Mr. Russo noted that Rich has been his right hand for four years and has helped out in a very significant way. On the motion of Trustee Zuckerman, seconded by Trustee Herman, the following resolution was adopted: RESOLUTION 1999-2000 COMPENSATION RESOLVED, that the following annual salaries for the positions listed below are hereby approved effective June 1, 1999. TITLE SALARY Asst. to Village Administrator $ 55,645 Building & Plumbing Inspector $ 63,860 Deputy Treasurer $ 49,440 Office Assistant - DPW $ 33,619 Parks Attendant $ 44,052 Police Chief $ 86,101 Police Lieutenant $ 76,491 Recreation Leader $ 41,644 Senior Parks Attendant $ 53,327 Senior Typist (AJP) $ 30,596 Senior Typist (Police) $ 30,596 Supt. of Parks& Recreation $ 69,500 Treasurer $ 52,530 Village Administrator $109,500 Village Engineer/Dir. Of Public Works $ 75,000 RESOLVED, that the following annual salaries for the positions listed below are hereby approved effective August 18, 1999. Recreation Leader (Charles Peretz) $ 30,900 Senior Citizen Coordinator $ 54,000 RESOLVED, that the following Step Plan for the position of Firefighter is hereby approved effective August 18, 1999. 5th Grade (Start) $ 22,000 5th Grade (After 6 months) $ 28,000 4th Grade $ 40,443 3rd Grade $ 43,813 2nd Grade $ 47,220 1st Grade $ 50,933 and be it J FURTHER RESOLVED, that the following; 1999-2000 Budget Modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.1620.110 $ 4,594 101.1990.424 101.3620.130 $ 3,076 101.1990.424 101.7140.1.40 $ 6,734 101.1990.424 101.3120.110 $ 2,823 101.1990.424 101.3120.1.20 $ 3,792 101.1990.424 101.7140.120 $ 4,100 101.1990.424 101.1325.140 $ 2,320 101.1990.424 101.6772.110 $ 1,200 101,1990.424 101.6772.180 $ 3,685 101.1990.424 101.3120.130 $ 2,621 101.1990.424 101.7140.110 $ 1,588 ,101.1990.424 101.1325.110 $ 2,960 101.1990.424 101.1230.110 $ 4,500 101.1990.424 101.3620.110 $ 3,987 101.1990.42.4 101.362.0.120 $ 3,722 101.1990.424 101.3410.160 $65,000 101.1990.424 101.1325.199 $ 9,000 Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 7. NOWEMBF_R 3,_1998. 8. JANUARY_.26 1999. 9. FEBRUARY 9, 1999. On a motion made by 'Trustee Degling, and seconded by Trustee Zuckerman, the above minutes were approved. TRUSTEE 1BRACKMAN ABSTAINED TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN ABSTAINED TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 10. MAY 11, 1999. 11. MAY 25, 1999. 12. JUNE 15, 1999. The minutes for May 11, May 25 and June 15 were held for further review. WRITTEN COMMUNICATIONS: 13. MICHAEL STOLZAR: REEQU ESTING APPROVAL FOR'TIIE ANNUAL TTRKIEA TROT TO USE VILLAGE STREETS ON NOVE1dIBER 25s 1999. Mr. Russo noted that a request was received from Mr. Stolzar and the American Red Cross to use Rye Brook streets in their annual Turkey Trot. On a motion made by Trustee Degling and seconded by Trustee Zuckerman this request was approved. Trustee Brackman commented on arrows that had been painted on Village streets during the last race which are still there. She asked that no additional arrows be painted. It was noted by Mayor Filipowski that the arrows were not painted by the Turkey Trot Committee. DISCUSSION: 14. LOCAL LAW ON ETHICS CODE AMENDMENTS. The Board briefly discussed this item, and agreed to call for a public hearing on the proposed law. On the motion of Trustee Zuckerman, seconded by Trustee Brackman, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON A LOCAL LAW ON REVISIONS TO THE VILLAGE CODE OF ETHICS RESOLVED, that the Board of Trustees shall conduct a public hearing on September 28, 1999 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York 10573, on a local law revising the Village Code on Ethics. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 15. LOCAL LAW ON TELECOMMUNICATION FACILITIES. One modification was made to the law by Trustee Zuckerman on page 7. Trustee Degling noted that the provision limits the telecommunication facility to no more than 120' when measured from the base of the attachment structure or the base of the building, as the case may be. In addition, the antenna array shall not extend more than 15' above the highest point of the attachment structure or building. There is a zoning requirement in the Village that limits the height of building and it was felt that this would be inappropriate for the purpose for which it is being erected. The location of these antennas is being limited and Trustee Degling was concerned that this law was too restrictive. Trustee Degling also noted an additional correction to page 2, replacing the word disk with dish. On completion of their discussion, the Board agreed to call for a public hearing on the proposed law. On the motion of Trustee Zuckerman, seconded by Trustee Herman, the following resolution was adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON A LOCAL LAW REGULATING TELECOMMUNICATIONS FACILITIES RESOLVED, that the Board of Trustees of the Village of Rye Brook shall conduct a public hearing on September 14, 1999 at 7:30 p.m. at the Village Hall on a local law regulating Wireless Telecommunications Facilities. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Fiiipowski Voting Aye Mayor Filipowski requested a motion to add an item to the agenda. A motion was made by Trustee Brackman and seconded by Trustee Degling to add item#16. The roll was called. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 16. ASSERTING THE VILLAGE'S DESIRE TO MAINTAIN THE 914 AREA CODE; E?OR WESTCHESTER COUNTY. Mr. Russo read the resolution. Several members of the Board suggested amendments to the resolution and a motion was made by Trustee Brackman, and seconded by Trustee Degling, to approve the resolution as amended. (The resolution for this item appears on the next page.) On the motion of Trustee Herman, seconded by Trustee Degling, the following resolution was adopted as amended: BE, ASSERTING THE VILLAGE'S DESIRE TO MAINTAIN THE 914 AREA CODE FOR WESTCHESTER WHEREAS, the Village of Rye Brook and Westchester County now, and always have been located in the region that has 914 designated as its telephone area code, and WHEREAS, the 914 area code is shared between the counties of Westchester, Putnam, Rockland, Orange, Sullivan and Ulster, along with other areas, and WHEREAS, the New York State Public Service Commission has made known their plans to change a portion of the current 914 area code to a new number, and WHEREAS, of these counties Westchester is the most populous region and would be most adversely affected by a change in area code, and WHEREAS, Rye Brook and Westchester are the corporate home to many national and multinational corporations as well as to major local businesses, and the corporate base is continuing to expand with construction now under way at both the Pfizer Conference Center at Arrowwood and at Reckson Executive Park, and WHEREAS, a change in area code;would cause a major disruption for these new offices and an expanding residential population, now, therefore be it RESOLVED, that the Village of Rye Brook does hereby formally request the New York State Public Service Commission not to effect any changes that would alter the area code for the Village of Rye Brook and or Westchester County, and be it FURTHER RESOLVED, that a copy of this Resolution shall be transmitted to the Westchester County Executive, the appropriate authorities at the New York State Public Service Commission, and the appropriate state legislators. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On general discussion items, Mayor Filipowski noted that the water company had proposed water restrictions. Mr. Russo noted the following restrictions for homeowners: Odd street numbers should water on odd days and even street numbers should water on even days. This is being done in an attempt to conserve water. Mr. Hubert, of Doral Greens, noted that the Village Hall utilizes additional parking in the Atrium Building behind the Police Station. However, this evening members of the public found the lot closed off with a chain link fence. Mayor Filipowski noted that this chain is normally removed for meetings as additional parking is needed. This will be done for all future meetings. Amy Schoen of Country Ridge Drive addressed the Board. She asked for information regarding the Fire House and its location. She also asked for information regarding a disaster plan for the Village. Mayor Filipowski noted that there is a disaster plan in place for the Village. With regard to the fire house, this issue will be on the agenda in either September or October. Mr. Peter Pitocco commented on a recent fire call in Belle Fair. A house was lost but he thought the response time appeared to be under four minutes. A discussion ensued regarding the need for a new fire house, and the response time for both the Rye Brook and Port Chester fire departments. It was noted that there was some confusion over the actual response time, and that the matter would be looked into. Trustee Brackman noted that the construction of the Hutch seemed to be behind schedule. They were moving quickly as evidenced by the look of the neighborhood. However, many residents, members of the Village Board and members of the Board of Education requested that sidewalks be completed and the bridge moved before school begins in September. As of this meeting the sidewalk closest to the school is blocked off and there is no sidewalk She urged the Village to do whatever was necessary to make sure that when school opens, the sidewalk is completed. Trustee Brackman noted that many residents of Tamarack Road near Argyle have been complaining about low water pressure which recently has gotten worse. She stated that it appears that the water tanks in Port Chester were not built to support the current demands. It was noted that there are booster pumps that have been installed near Belle Fair and perhaps similar boosters should be installed in this area. Mr. Hubert of Doral Greens noted that their water pressure has dropped below the level required for service. He stated that this is not only an inconvenience but more importantly a safety issue and should be addressed as such. Mr. Russo noted that they were looking into this issue. Mayor Filipowski noted that during the recent fire at Belle Fair the water pressure was noted to be more than sufficient. Mr. Hubert was delighted that the pressure was there on that evening, but noted that it is not guaranteed as the pressure is irregular. Trustee Herman noted that the construction of the Hutch has resulted in many trees being cut down. He has recently attended a meeting regarding this issue and came out of it with no concept of what the project will look like when it is done. He will keep track of these issues and keep the Board informed. Mayor Filipowski noted that the next Trustee Meetings would be September 14°i and September 28'h. There being no further business before the Board, the meeting was adjourned at 9:24 p.m. Respectfully submitted, Christopher J. Russo, Village Clerk