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HomeMy WebLinkAbout1999-09-14 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL,938 KING STREET TUESDAY, SEPTEMBER 14, 1999 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. PROPOSED LOCAL LAW ADDING SECTION 250-39 TO THE VILLAGE ZONING CODE REGARDING THE REGULATION OF WIRELESS AND ATTACHED WIRELESS COMMUNICATIONS FACILITIES RESOLUTIONS: 1. CONSIDERING ADOPTING THE SCOPE OF DEIS ON THE APPLICATION BY KF RYE BROOK/GARDEN INN HOTEL. 2. CALLING FOR A PUBLIC HEARING ON SEPTEMBER 28, 1999 REGARDING THE APPLICATION OF MYUNG-HO LEE, MD FOR AN AMENDED SPECIAL USE PERMIT, 62 BOWMAN AVE 3. CONSIDERING AWARDING CONTRACT#9902 FOR STREET LIGHT AND TRAFFIC SIGNAL MAINTENANCE AND REPAIR TO DOBART LIGHTING OF PORT CHESTER 4. CONSIDERING APPROVAL OF MINUTES: NOVEMBER 17, 1998 MARCH 9, 1999 MARCH 17, 1999 MARCH 23, 1999 APRIL 13, 1999 MAY 25, 1999 JUNE 15, 1999 REPORTS: 1. CHRIS INZERO, CO-CHAIR RYE BROOK BIRTHDAY COMMITTEE. REGARDING BIRTHDAY CELEBRATION 1999 2. ROBERT SANTORO, POLICE CHIEF REGARDING SCHOOL ZONE AND FINES REGARDING NORTH RIDGE STREET -MORE- Page Two 3. VILLAGE ADMINISTRATOR, CHRISTOPHER J. RUSSO REGARDING SUMMER INTERNSHIP PROGRAM WRITTEN COMMUNICATIONS: 1. DONNA M. SHERRY REGARDING CONTINUATION OF CONDUCTIVE EDUCATION CLASS AT THE ANTHONY J. POSH.LIPO COMMUNITY CENTER NEXT TRUSTEES MEETING G c-� =f2 SEPTEMBER 28, 1999 and NN 12, 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, SEPTEMBER 14, 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. Filipowski Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman Absent. Trustee Jody H. Brackman Village Staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Assistant to the Administrator, Charles Peretz Village Engineer, Victor Carosi Police Chief, Robert Santoro Superintendent of Parks and Recreation, Tom Hroncich Planning Board Chairman, Floyd Caplan Meeting Secretary, Paula Patafio Mayor Filipowski introduced Mr. Charles Peretz, who replaces Mr. Rich Slingerland, has been appointed to the position of Assistant to the Village Administrator. Mr. Peretz was congratulated on his promotion. Before moving to the agenda, Mayor Filipowski noted that the first Resolution item on the agenda, CONSIDERING ADOPTING THE SCOPE OF DEIS ON THE APPLICATION BY KF RYE BROOK/ GARDEN INN HOTEL, was adjourned to the next public meeting. Mr. Christopher Russo, Village Administrator, stated that the attorney for the applicant, Bruno Gioffre, requested that this issue be adjourned. The applicant is currently in the process of responding to a memorandum addressing the Building Inspector's interpretations, as well as issues with regard to a compliance letter. Mr. Gioffre requested this adjournment in order to give the applicant ample time to respond to the outstanding issues. Therefore, in accordance with Mr. Gioffre's request, the matter was adjourned to the September 28" meeting. Steven Silverberg, Esq., representative for the Doral Greens Homeowner's Association, addressed the Board. He asked that rather than have this item carried on the agenda, which causes people to show up not being sure whether or not it would be addressed, he asked that it be taken off the agenda until the time that the Board has a full application. Mr. Powell responded that the Board of Trustees had tabled this matter at their last meeting, which would allow it to be placed on the next agenda. Therefore, the matter could be adjourned pending communication from the applicant. Trustee Donald Degling made a motion to remove this item from the agenda and then, once a response is made, it could be placed back on the agenda. Mayor Filipowski requested information regarding time constraints which should be observed. Mr. Ken Powell, Village Attorney, noted that there were limits on the length of time to adopt the DEIS, however, the attorney for the applicant requested this adjournment. The item cannot be removed from the agenda. Trustee Gary Zuckerman suggested putting this item on the agenda for October 12t". This would allow the applicant four weeks to respond to any outstanding issues. After a brief discussion, Mayor Filipowski set this item for the October 12"'Board of Trustee's Meeting. The Board returned to the agenda and called for the first item. PUBLIC HEARING PROPOSED LOCAL LAW ADDING SECTION 250-39 TO THE VILLAGE ZONING CODE REGARDING THE REGULATION OF WIRELESS AND ATTACHED WIRELESS COMMUNICATION FACILITIES. Mr. Powell noted that this is a local law amending the Rye Brook zoning law to provide for regulation of wireless telecommunication facilities, better known as cell towers and the like. This law will proscribe the locations at which they could be potentially constructed and will regulate how tall they could be and various standards relating to the tower. This law also provides for assurance that if the towers are not used for a period of time that they will be removed. The regulations provide for potential districts in which a special permit may be obtained (OB 1, OB2, OB3, OBS, CIP, Cl, Hl, PUD). The permit, if granted, will be granted for a period of five years, subject to renewal. The facility must be 125' from the nearest property line of any parcel containing a dwelling unit, school, place of worship or daycare center. The applicant will be required to show that this proposed facility is necessary to provide adequate service within the Village. There would have to be security for the facility in terms of it being non-accessible to children and the like and it must have minimal noise and traffic impact. The use of existing structures or towers would be strongly encouraged under the proposed law. The height would be no more than 120' when measured from the base of the attachment structure, or the base of the building. There will be setback standards, requirements for visual mitigation and landscaping. Trustee Zuckerman noted that the Telecommunications Committee has reviewed this law, as well as a proposed state law, and has made some suggestions that were incorporated in this document. Trustee Degling requested several corrections in verbiage. Mr. Joe Tassone of SBA Communications, a company located out of Boca Raton, Florida with offices out of Waterbury and New London, Connecticut, noted that he has submitted a letter to the Village of Rye Brook indicating SBA's interest in constructing a 120' structure behind Village Hall. SBA builds the towers and then leases them out to carriers such as AT&T and Sprint. He felt that the regulation proposed was a fair regulation for this community but noted several points of interest. He stated that most leases for this type of telecommunication facility run anywhere in the neighborhood of 15 to 30 years and this one proposed a five-year renewal. He noted that these facilities are very expensive to construct— anywhere from $250,000 to $500,000 plus the cost of equipment— and a five-year lease period would not be financially sound. Trustee Degling reassured Mr. Tassone that the special permit issued may be renewed for an additional five year term without a public hearing, provided the applicant shows that he is in compliance with all requirements of this section. The next item Mr. Tassone referred to was in Section D7, with regard to required reports. In his opinion, this report would be very cumbersome and expensive for the companies. The technology is heavily regulated by the FCC and all companies must comply with the FCC or they lose their license. Trustee Zuckerman noted that the carriers must submit reports to the FCC and asked if those reports were similar to the ones that the Village was requesting. He suggested that contacting a carrier on this issue would be appropriate. It was noted that it was the Village's intention in requiring these reports was to ensure that the towers were safe. Mr. Tassone noted that these are built to withstand winds of 100-110 miles per hour and the towers are constructed in a way that if they fall they will fall in on themselves. These towers are constructed to be a maintenance free facility. Trustee Zuckerman suggested that perhaps a text change with regard these reports could be made to which Mr. Powell agreed, however, he noted that these report were important issues. Trustee Roger Herman felt that whether the reports were duplicates of other reports should be discovered. Trustee Degling suggested that the Board consider having the radiation report annually and the structural report every five, upon renewal of the special permit. Another important issue addressed by Mr. Tassone was the 120' height limit as it might be limiting to certain carriers. He felt this limit should be a little higher as 120' could accommodate four carriers, but there-are six carriers for this area. He referred to the Telecommunications Act of 1996 and other regulations which would give the carriers a good case to request another tower in the same vicinity. Finally, he requested clarification on page 10, Section FI regarding a local contact person as it was an issue that he had never seen in a regulation. Mr. Powell stated that the Village's purpose here was to ensure that the contact person was not far from the facility. This would ensure that if something was wrong with the tower, the owner would be readily available to be contacted and would have the ability to do something within a relatively reasonable period of time. If an owner resides 3000 miles away, it is likely that it would be difficult to have the tower maintained or a problem corrected. Trustee Degling noted that this is part of the Village's effort to control the matter. Trustee Roger Herman asked Mr. Tassone how high he would suggest that these towers be. Mr. Tassone's response was 199' as up to that point the tower does not need to be lit, unless the FAA requires it (if it is in the flight path of an airport). Mr. Powell noted that all of the issues that were raised were policy issues for the Board. After a discussion by the Board, a motion was made by Trustee Zuckerman, and seconded by Trustee Herman, to hold this hearing open to the September 28"Board of Trustees' Meeting. Mr. Charles Peretz called the roll. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE The next item on the agenda was called before the Board. CALLING FOR A PUBLIC HEARING ON SEPTEMBER 28, 1999 REGARDING THE APPLICATION OF MYUNG-1I0 LEE,M.D.FORAN AMENDED SPECIAL USE PERMIT, 62 BOWMAN AVENUE. On a motion made by Trustee Degling, and seconded by Trustee Herman, the following Resolution was read and approved: RESOLUTION CALLING FOR PUBLIC HEARING AMENDED USE SPECIAL PERMIT 62 BOWMAN AVENUE MYUNG-HO LEE, M.D. PROFESSIONAL OFFICE RESOLVED, that the Board of Trustees will conduct a public hearing on September 28, 1999 at 7:30 p.m. at Village Hall on the application of Myung-Ho Lee, M.D. for an amended special use permit in order to utilize 62 Bowman Avenue for a medical practice. Mr. Peretz called the roll: TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE CONSIDERING AWARDING CONTRACT #9902 FOR STREET LIGHT AND TRAFFIC SIGNAL MAINTENANCE AND REPAIR TO DOBART LIGHTING OF PORT CHESTER. Mr. Victor Carosi, Village Engineer, noted that the traffic signals to be included in this Resolution were Betsy Brown Road, Bowman and South Ridge, the intersection at the Shopping Center at the corner of Ellendale and South Ridge and the signal at the Washington Park Plaza. These are in addition to the streetlights. Trustee Zuckerman asked if these rates included materials. Mr. Russo responded that it did not. It was noted by Trustee Zuckerman that the Village received two bids with regard to this maintenance and repair work. Mr. Russo stated that this request for bids was formal and publicly advertised. It was noted that the Village's contractor has been Dobart Lighting for many years and that they have done a good job. Mr. Russo noted that amended to the resolution was a resolved with regard to the price. On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION AWARDING CONTRACT#9902 STREET LIGHT AND TRAFFIC SIGNAL MAINTENANCE AND REPAIR WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract #9902 entitled, "Contract #9902 — Street Light and Traffic Signal Maintenance and Repair"; and WHEREAS, a public notice was duly advertised on Monday, August 9, 1999, in the official newspaper of the Village of Rye Brook; and WHEREAS, during the notice period ten (10) copies of the contract documents were mailed out to or picked up by vendors; and WHEREAS, on Wednesday, August 25, 1999, at 11 a.m. E.S.T. the Village of Rye Brook publicly opened`and read two (2) proposals; and WHEREAS, on reviewing the bids, the Village Engineer and the Assistant to the Village Administrator have determined that the lowest bidder complying with all specifications is Dobart Lighting of Port Chester, New York at a total approximate bid price of$29,456 for performing the estimated amounts of work under this contract. NOW, THEREFORE, BE IT RESOLVED, that Contract#9902 entitled, "Contract #9902— Street Light and Traffic Signal Maintenance and Repair" be awarded to Dobart Lighting of Port Chester, New York at the rates of$32 per hour for street light bulbs and service, $32 per hour to replace traffic signal bulbs, $45 per hour for repair and replacement of traffic signal controls and fixtures at $67 per hour for emergency traffic signal service for a total approximate bid price of$29,456 for performing the estimated amounts of work under this contract, as specified; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute the contract and all documents necessary or appropriate to accomplish the purposes of this Resolution. There being no further comments or questions, Mr. Peretz called the roll, TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE CONSIDERING APPROVAL OF MINUTES. Mayor Filipowski took the minutes dated November 17, 1998, March 9, 17 and 23, 1999 for review. As it was noted that Trustee Herman was not a member of the Board until April 13"', he abstained from the vote. Mr. Russo noted that the March 17" summary was with regard to canvassing of votes and did not need approval, since it was already done and signed off by the Board of Trustees. Trustee Zuckerman stated that in the November l7t" minutes a discussion took place regarding Talcott Woods on an issue that has been raised many times over the years. He asked that this issue be looked into by the Building Department. Trustee Degling requested a minor word correction on page 4 of these minutes. There being no further comments, Trustee Zuckerman made a motion, seconded by Trustee Degling, to approve the above mentioned minutes. The roll was called: TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN ABSTAINED TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE The next set of minutes, April 13, May 25 and June 15, were then reviewed. Trustee Zuckerman requested one correction to a statement which he felt was incorrectly transcribed on page 7 of the June 15" minutes. On a motion made by Trustee Degling, and seconded by Trustee Herman, the minutes were approved. The roll was called. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski requested information from Mr. Tony Sutton, Administrator of the Volunteer Ambulance Corp. Mr.Russo summarized Mr. Sutton's request by stating that the Ambulance Corp, in an attempt to decentralize, has requested that they be allowed to keep a unit at the property adjacent to the Village Hall (recently acquired). Ultimately a unit will be standing by in the Rye Brook Fire House. Mr. Sutton addressed the Board noting that the Ambulance Corp has their headquarters on Ellendale Avenue,where it has been for the past 30 years. Their hours of operation are 9:00—5:00, seven days a week, with two crews. If one unit is at a scene then the second unit would relocate back towards Port Chester. By decentralizing Mr. Sutton hoped to shorten response time. The King Street corridor is a tough section to traverse, and recent construction has made it harder. Additionally,Mr. Sutton noted that the Ambulance Corp is also in the process of decentralizing into Rye. Their service area runs from the Westchester County Airport all the way down to Milton Point. Mr. Russo noted that it was requested that when an ambulance leaves the property on King Street that they refrain from using their lights and sirens. Currently all police vehicles observe this request in consideration of the neighbors. Mr. Sutton noted that Ellendale Avenue is a residential area and they have never received any complaints regarding noise or speed. Mayor Filipowski thanked Mr. Sutton and the Ambulance Corp for their service to the community. REPORTS: CHRIS INZERO, CO-CHAIR RYE BROOK BIRTHDAY COMMITTEE, RE: BIRTHDAY CELEBRATION 1999. Mr. Chris Inzero and Mr. George Datino addressed the Board. They presented the financial report for the 1999 Village of Rye Brook Birthday Celebration. They thanked the Board and all the individuals involved on the Birthday Committee for their assistance. Mr. Inzero noted that approximately 2500 people attended the celebration. He also noted that many corporations made generous donations. This was a very successful event. ROBERT SANTORO, POLICE CHIEF, RE: SCHOOL ZONE AND FINES REGARDING NORTH RIDGE STREET. Chief Santoro addressed the Board. He noted that currently in place in the New York State Law is a regulation that allows judges to double the fines in a construction area—for speeding, disobeying signage, etc. It can be enforced, however, he was requesting signage so that residents would be aware of this law. A second issue he addressed was enforcing the 15 MPH speed limit in school zones. The school zone area is fairly well laid out. Although the county recommends 20 miles per hour, as a result of recent construction near Ridge Street School, 15 MPH is suggested. The hours are set for school zones at 7:00 a.m. to 6:00 p.m. This encompasses the school day, and after school activities. Chief Santoro noted that some other villages have signs with flashing lights to control the speed limit. Although he was interested in this, he was not able to obtain information on this and has requested assistance from the Village's attorney. Trustee Degling urged residents to stick with the speed limit within the Village. He stated that this is a reasonable request as driving 30 mph you can get anywhere within the limits of the Village in a short period of time. Trustee Zuckerman noted an additional issue regarding sidewalk safety in the area of construction. A discussion took place regarding the current separation along the sidewalks and roadways. Mr. Russo stated that under state regulations the only separation available for the sidewalks is concrete barriers. This is currently being looked into because there is an issue of how the concrete barriers could be placed. He also noted that the current sidewalks are much better than before the construction. Although the orange curtain/fencing will not deter a car that has gone out of control from ending up on the sidewalk, he noted that this issue is one that is currently being addressed. Mayor Filipowski noted the sidewalk issue is one of many issues and concerns raised about Ridge Street. This item, as all others, are being explored. He thanked Chief Santoro fbr his presentation. VILLAGE ADMINISTRATOR CHRISTOPHER J. RUSSO,RE: SUMMER INTERNSHIP PROGRAM. Mr. Russo made a brief presentation regarding the Summer Internship Program. He thanked the interns who preformed a very valuable service for the Village. This year there were four summer interns: Peter Paterino worked in the Building Department;Daniel Forte worked in the Treasurer's Office; and Andrew Bazin and Jonathan Stelzer worked in Administration. This has been the most successful summer internship that Mr.Russo has seen in his 19 years working in Village government. WRITTEN COMMUNICATIONS: DONNA M. SHERRY REGARDING CONTINUATION OF CONDUCTIVE EDUCATION CLASS AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER. Mr. Russo noted that this program was conducted successfully over the summer, as it was during the school year. Ms. Sherry has made a formal request to conduct this program again during the school year and the Village has agreed. Mayor Filipowski asked for comments from the Board. Trustee Herman noted that he received communication from the Sierra Club regarding the 30 acre former National Guard site and the 80 acre former WestAir site. A meeting regarding these sites will be held on September 21" at 7:00 p.m. in the County Office Building located at 141 Martine Avenue, 8"' Floor, White Plains, New York. The Westchester County Board of Legislators will be considering what to do with these two sites. He encouraged Village residents to attend this meeting. Trustee Zuckerman noted that the Board of Legislators has been considering doing something with a master plan by keeping some of the land around the Westchester County Airport forever wild, but in return they are considering using land for possible expansion purposes. Mr. Larry Engle, member of the Planning Board, has been attending all of these meetings and keeping abreast of all airport issues. Trustee Zuckerman suggested that Mr. Engle be asked to make a presentation to the Board. Trustee Zuckerman noted that former Mayor Cresenzi is a new appointee to the County Airport Advisory Board, Mr. Ken Heller, 50 Lincoln Avenue, addressed the Board. He commented on a recent publication from the Village which notes that 500 new homes are being constructed in the community and this would cause house taxes to be lowered. Having lived in the community for 50 years he stated that the taxes have not gone down yet and so he did not expect a decrease but rather an increase because as new people come in they make new demands and costs go up rather than down. A second issue he commented on was the swimming pool for the Village. He stated that there will be no cost to the tax payers and people should be made aware of this, although he did not see the need for a community pool. He then asked if the Village has a conservation easement law which allows property to be preserved and not further developed. This is an issue lie felt that the Village should look into. He also commented that the best place for a firehouse would be Belle Fair. He also noted that the building which the Village was offered for recreational purposes is still there and that it should be considered for recreational purposes. Mr. Peter Rader, Valley Terrace, commented on the traffic on Ridge Street. He suggested that the Village enforce a restriction on Ecco Company, that they restrict their truck traffic at arrival and dismissal times of the school. He also commented on the inadequacy of the sidewalks. Mr. Neil DeLuca, Vice President of Spectrum/Belle Fair, addressed the Board. He stated that 51. families have moved in and 40 more will be there by the end of the year. He was asked to attend this meeting by the new residents of the Village to address an issue of garbage collection. There is an immediate need for attention to this issue as residents are currently using construction dumpsters which are on the site. As residents they should be entitled to garbage collection and this issue has been brought to the attention of the Village Engineer. Suburban Carting has been contacted and they informed Spectrum that the garbage could be picked up privately at $40 per month. As the residents will be paying full taxes, they are very concerned about this issue. Mayor Filipowski noted that there will be a discussion regarding this request at an Executive Session. Trustee Zuckerman felt that if Belle Fair residents were paying taxes then the Village needs to find a way to have their garbage picked up. Dr. Buzin thanked the Board for giving the summer interns the opportunity to meaningful work. He also thanked everyone that has been working on keeping the children safe on their way to school. This is a difficult situation and everyone is trying their best. Mr. Howard Lim, Valley Terrace, stated that he was impressed by the Police presence on the road, however, there is a tremendous amount of truck and other vehicular traffic that needs to be addressed. He felt that this is a safety concern and asked the Village Board to look into this issue. Mayor Filipowski clarified comments from the previous Board Meeting. He looked into a recent fire call at Belle Fair and found that the Rye Brook Police Department did everything properly but there was a lack of coordination between the clocks. The reporting time from the Police Station was correct. He is still waiting for a complete report from the Port Chester Fire Chief He also commented on the response to a recent fire at 15 Jennifer Lane—where the cooperation between Port Chester and Rye Brook was tremendous. The Rye Brook Police arrived first with the Port Chester fire truck being next, followed by the Rye Brook fire truck and an additional Port Chester Truck. Mr. Sutton and the Volunteer Ambulance Corp were also there. This was a great cooperative effort between all of the emergency services. On a motion made by Trustee Zuckerman, and seconded by Trustee Degling, an Executive Session was called. Mr. Peretz called the roll. TRUSTEE BRACKMAN ABSENT TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski announced that the next Board of Trustees' Meetings will be held on Tuesday, September 28th and Tuesday, October 12"'. There being no further business before the Board, the meeting was adjourned at 9:32 p.m. Respectfully submitted, Christop er J. Russo, Village Cleric