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HomeMy WebLinkAbout1999-09-28 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 28, 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 2. REGARDING THE APPLICATION OF MYUNG-HO LEE, M.D. FOR AN AMENDED SPECIAL PERMIT AT 62 BOWMAN AVENUE FOR A MEDICAL PRACTICE 3. PROPOSED LOCAL LAW ADOPTING A NEW CHAPTER 24 IN ORDER TO REVISE AND STRENGTHEN THE VILLAGE CODE OF ETHICS AND TO PROVIDE FOR ANNUAL FINANCIAL DISCLOSURE. REPORTS: 1. VICTOR CAROSI, P.E., VILLAGE ENGINEER, REGARDING TREE CITY, U.S.A. CEREMONY AND PROCLAMATION DISCUSSION: 1. HUTCHINSON RIVER PARKWAY RECONSTRUCTION (TRUSTEE REQUEST) NEXT TRUSTEES MEETING OCTOBER 12, 1999 and OCTOBER 26, 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 meeting (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOI{BOARD OF TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK TUESDAY, SEPTEMBER 28, 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 Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman (arrived at 8:05 p.m.) Trustee Gary J. Zuckerman Village Staff attending the meeting were: Village Attorney, Kenneth E. Powell Village Treasurer, Diane DiSanto Assistant to the Administrator, Charles Peretz Village Engineer, Victor Carosi, P.E. Police Chief, Robert Santoro Village Consultant, Christian Miller Meeting Secretary, Paula Patafio Excused: Village Administrator, Christopher Russo PUBLIC HEARING Mayor Francis Filipowski called for the first item on the agenda. 1. PROPOSED LOCALLAW ADDING SECTION 250-39 TO THE VILLAGE ZONING CODE REGARDING THE REGULATION OF WIRELESS AND ATTACHED WIRELESS COMMUNICATION FACILITIES. Mayor Filipowski noted that this item has been before the Board a number of times and asked Village Attorney Ken Powell to summarize the local law. Mr. Ken Powell, noted that a public hearing on this local law was held at the last Board of Trustees meeting. During the public hearing, several comments were raised which resulted in changes to this law. One of the issues raised was regarding the reports on the facilities, and discussions resulted in an additional provision found on page four, item number 7. A second issue, concerned the structural integrity report which consequently, as noted on page 5 of the law, resulted in a provision which provides for a structural integrity report due upon the renewal of the permit, rather than a report that would have been due annually. Additionally, Trustee Zuckerman noted that Trustee Degling raised an issue regarding a non-conformity on page 3 which prompted a portion of section 250-39 (C) (1) to be removed. Mayor Filipowski asked for comments from the Board or members of the public. There being none, a motion to close the public hearing was made by Trustee Zuckerman and seconded by Trustee Degling. Mr. Charles Peretz called the roll: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILH'OWSKI VOTING AYE Mayor Filipowski called for next item on the agenda: 2. REGARDING THE APPLICATION OF MYUNG-HO LEE, M.D. FOR AN AMENDED SPECIAL PERMIT AT 62 BOWMAN AVENUE FOR A MEDICAL PRACTICE. Mr. Gary Gianfrancesco, of the architectural firm Arconics, Inc., addressed the Board as the representative for Dr. Lee. Mr. Gianfrancesco noted that this application was before the Planning Board on August 12t", where they made a positive recommendation on the site plan and the special use permit. This location has been, by special use permit, used as an office for the past 12 years. In 1987 a consulting firm was issued a special use permit. Subsequently, in 1995 this special use permit was amended for use as an attorney's office. The current special use permit seeks to divide the existing office space currently in use by the attorney's special use permit. The first floor of the building will be utilized by Dr. Lee, a cardiologist. The second floor will be utilized by a co-user, the attorney who is currently in the building on both floors. The subject location is on the south side of Bowman Avenue, between Barber and Osborn Place. The site plan is consistent with all of the criteria of the Rye Brook Code having an area of 18,186 sq. ft. — approximately 3 '/z times above and beyond the required minimum of 5,000 sq. ft. Referring to the site plan,Mr. Gianfrancesco noted that the subject property shares a common driveway with a consulting firm located on the adjacent property. Currently there are six parking spaces. The lighting will be minimal, and the fixtures will be changed to a more controlled fixture with blinders. The only exterior alteration proposed will be the addition of a small chair lift constructed to comply with the ADA requirements for such a use. The only interior change will be the addition of 5' of cabinets and a hand wash sink in one room. The front door will be utilized as the main door of operation. Mayor Filipowski noted that this structure would need to install a sprinkler system by 2004. Mr. Gianfrancesco stated that Dr. Lee is aware of this requirement. Trustee Zuckerman expressed his opinion regarding the special use permits being issued in the Bowman Avenue area and referred to them as"Creeping Commercialism." Although he was not opposed to the area becoming commercial, he noted his concern regarding the area becoming commercial through the special use permit process rather than through the application of a master planning idea. (/! ustee Herman arrived at 8:05 p.m.) Mr. Christian Miller stated that there were two issues raised by the Planning Board at their last meeting. The first issue was whether the paving material to be used in the rear parking area is appropriate. In adopting the recommendation, the Planning Board felt that a grasscrete type of material would be the most appropriate. A discussion took place regarding this paving material. A safety issue was noted with the grasscrete or gravel material as some of Dr. Lee's patients are older or handicapped individuals requiring a walker or wheelchair. Mr. Miller felt that the best scenario would be to match the existing material which currently surrounds a tree that the applicant is trying to save. It was noted that the current material is blacktop with some lose gravel on top. The second issue was regarding a no subdivision provision on the property, which the applicant has agreed to and which will be part of the special use permit. Mayor Filipowski asked what the limitation was regarding the number of employees. Mr. Gianfrancesco responded that there would be five full time employees; two to three in the attorney's office (not necessarily on a daily basis) and two in the doctor's office(the doctor and a receptionist/nurse). Mayor Filipowski asked that a restriction stating that there will be no more than five full time employees be added to the special use permit. Mr. Miller noted that there was nothing in the Code that would limit the number of employees, but five full time employees was a condition of the prior special use permit. Mayor Filipowski requested information on the hours of operation. Mr. Gianfrancesco noted that Dr. Lee's office would be open Monday through Friday from 9:00 a.m. to 5:00 p.m., and Saturdays from 9:00 a.m. to 1:00 p.m. On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, the public hearing was closed. Mr. Peretz called the roll: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE The next item on the agenda was called for by Mayor Filipowski: 3. PROPOSED LOCAL LAW ADOPTING A NEW CHAPTER 24 IN ORDER TO REVISE AND STRENGTHEN THE VILLAGE CODE OF ETHICS AND TO PROVIDE FOR ANNUAL FINANCIAL DISCLOSURE. Mr. Ken Powell made a brief presentation. He noted that the members of the Ethics Board were the architects of this law. Within the Code of the Village of Rye Brook there is currently a chapter on ethics and it provides for a variety of guidelines for the activities of officers and employees of the Village. The Ethics Board has been working to develop a stronger and more understandable code. They have been working with the assistance of the Board of Trustees and an entirely new chapter providing for standards of conduct for officers and employees has been created. Included in this chapter is a new provision that establishes an annual financial disclosure requirement for certain Village officials. There is also a candidate disclosure requirement, as well as provisions for penalties in the case ofviolations and an anti- discrimination provision. The Code will be distributed to employees so that they are aware of their responsibilities. This new code is a "user friendly" code. Mr. Larry Rand, a member of the Ethics Board, addressed the Village Board. He noted that the revisions to this Code have been in progress for approximately five years. Approximately five drafts have been submitted with input and help from the Trustees and outside counsel. What is before the Board today is not an overnight revision, but rather an extensive study and evaluation. Mr. Rand noted that one of the major problems with the past code was that people did not know how to use it — both Trustees and employees. It exists, but it is incomprehensible. The current chairman of the Ethics Board,Michael Goldstein,Esq., addressed the Board. He noted that much of the research was done in his office, looking at communities comparable to Rye Brook. Trustee Herman brought up a question regarding the section on financial disclosure (on the bottom of pages 6 and 8). This issue refers to retirement funds and participation in the decisions regarding investments. Mr. Goldstein felt that this issue was clarified on page 2, in the section which notes the requirements for a retirement plan disclosure. Trustee Zuckerman commented on page 4 and asked for an amendment in the text revising it to read: ".....personally participated as a decision maker." Next a discussion ensued regarding page 10, item C: "..,in cases where there is not found to be a violation..." took place. This section deals with the notification of an inquiry made to the Ethics Board, Trustee Zuckerman felt that the person who is the subject of the inquest/request or investigation, should be advised that there has been no wrong doing found. It was felt that since the individual will be aware that there is an investigation that he/she should receive a clearance letter. Considering confidentiality, the decision of the Board was to revise this section as follows: "In cases where no violation is found a final written opinion shall be sent to the person who is the subject of any inquiry and to the inquirer..." Mr. Rand noted that in the past if a Trustee was seeking an advisory opinion -- a confidential matter-- then it is not necessary to copy fellow Trustees. It is important to keep these matters on a confidential basis. The Ethics Board's purpose is to provide advisory opinions. In addition to the above changes, several typographical corrections were made. There being no further comments, a motion to close the public hearing was made by Trustee Degling and seconded by Trustee Zuckerman. Mr. Peretz called the roll: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE REPORTS: 1. VICTOR CAROSI,P.E.,VILLAGE ENGINEER,REGARDING TREE CITY,U.S.A. CEREMONY-AND PROCLAMATION. Village Engineer, Victor Carosi, noted that as Rye Brook is known as a Tree City, U.S.A. and as part of the formalities, the Village tries to have a ceremony every year reiterating our commitment to the trees. A formal ceremony will be held in October where a tree planting will take place. This ceremony will kick off about a week of additional plantings in the month of October. October 8, 1999 has been set for the ceremony. It was noted that there is a national Arbor Day which is in April. Trustee Herman asked what type of tree would be planted. Mr. Carosi noted that the ceremony would be held on Horseshoe Lane and at this time the type of tree was open to discussion. Trustee Zuckerman suggested that a day around this time be designated as a Rye Brook Arbor Day. DISCUSSION: 1. HUTCHINSON RIVER PARKWAY RECONSTRUCTION(TRUSTEE REQUEST) Trustee Zuckerman began the discussion by noting that the Board of Trustees has received many questions regarding the construction on the Hutchinson River Parkway. The complaints that have been received fit into four separate categories: 1) The hours of construction, 2) Truck traffic near the school, 3) The barrier near sidewalks, and 4)Landscaping. On the first category it was noted that the Village lifted restrictions for hours of operation in order to move the construction along at a much faster pace. After complaints from residents of work commencing at 5:30 a.m. the State was contacted. Mayor Filipowski noted that he was on the site this past Saturday and work commenced at 7:30 a.m. After discussions with several people from the State the Mayor felt that a later start time will be accomplished. Regarding the truck traffic near the school,the construction company will be trying to control this. Currently there is a restriction on truck traffic starting during school start and dismissal. Police Chief Robert Santoro was asked if these restrictions can be enforced. His response was that there was no law to enforce, but that police officers are on site to assist with the traffic. Mayor Filipowski noted that $400,000 has been designated for landscaping in Rye Brook. Trustee Zuckerman noted that he was informed that the state architects will begin work on plans for re-landscaping the parkway area. The landscape designers will be in contact with Village officials and residents regarding this issue. On the issue of the barrier, the Mayor noted that this was being looked at. Currently the sidewalk is separated by a mesh screening,which is not sufficient from a safety point of view. The Village has asked the State to look into the possibility of using concrete barriers, and is waiting for a response from the state. Trustee Brackman felt that many of the issues being raised are contrary to what the state told residents at a meeting held at the Posillipo Center. She felt that the state should be pushed a little harder to comply with agreements that have been made. Mayor Filipowski noted that the Village has been, and will continue,working with many state officials on these issues. Mr. John LiMarzi, Construction Supervisor, has been asked to respond to these issues and will be in attendance at the next Board of Trustees' meeting. Mayor Filipowski noted that the county is still evaluating the spraying for the mosquitoes carrying the encephalitis disease. They are current considering more spraying for Westchester County. He asked that residents continue watching the cable and reading local newspapers for further information. Mayor Filipowski asked for comments from members of the public. Mr. Ken Heller of Lincoln Avenue addressed the Board. Mr. Heller noted that the correct time of year to plant trees is in the Spring. He also noted that Evergreen trees die quickly and this is because of a lack of roots. He also commented that almost every park in Rye Brook was developed when we were a Town. He noted that currently the parkland near Elm Hill Drive is not being utilized. Trustee Brackman noted that a portion of this parkland has been fenced off by the abutting homeowners. The right-of-way to the parkland has been fenced off and this should be looked into. Mr. Carosi will be looking into this issue. Trustee Brackman asked if any information was available with regard to water pressure in the Village. Many residents have complained about poor water pressure. It is felt that there are not enough tanks to hold the water needed to meet the demands of the Village. Belle Fair has installed boosters and perhaps this was the answer for the Village. She asked that the Water Company come in and provide this information. Additionally, it was felt that all utilities should send representatives to a Board of Trustees' meeting so that we can make improvements for Village residents. Mr. Arst, Chair of Blind Brook School District Compact Committee addressed the Board. He requested that the Committee be allowed to place a banner across Bowman Avenue, at the Ridge Street intersection. The size of the banner would be 4' x 30'. Questions regarding how it would be hung were raised and it was noted that the utilities would have to be notified if it was the Compact Committee's intention to hang the banner from their poles. It was noted that Mr. Arst has been in contact with Mr. Johnson, the Superintendent of Highways for the County who has given a verbal approval. Chief Santoro noted that both Ridge Street and Bowman Avenue are county roads. Mr. Carosi and Mr. Miller responded that this type of banner would not be allowed by the Village Code. Trustee Zuckerman noted that in two days the one-year period for fire negotiation would be up. It was noted that a meeting was scheduled for the morning of October I"with Mr. Mike Murphy,Port Chester Village Manager. A negotiating session for further discussions between Port Chester and Rye Brook will be scheduled for the following week. Mayor Filipowski noted that the negotiations have been ongoing and done in good faith. Under the current contract, Rye Brook has two more years,with an additional year available in order to iron things out. Trustee Zuckerman noted that the contract does state that during the period of one year, the two Villages would be in negotiations regarding setting up a Fire Board as well as several other items. This one-year period does end in two days and it was his-opinion that any negotiations that take place after September 30"will be done so outside of the contract, since legal authority will lapse after the 30". Mayor Filipowski announced that the next two Board of Trustee Meetings will be held on October 12, 1999 and October 26, 1999. There being no further business before the Board the meeting was adjourned at 9:50 p.m. Respectfully submitted, Christop r J. Russo, Village Administrator