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HomeMy WebLinkAbout2001-01-09 - Board of Trustees Meeting Minutes MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK JANUARY 9, 2001 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 Degling Trustee Jody Brackman Trustee Roger Herman Trustee Lawrence Rand The following Village staff were present: Christopher Bradbury, Village Administrator Ken Powell, Village Attorney Victor Carosi, Village Engineer William Gerety, Village Building Inspector Jon Kanter, Village Planning Consultant Robert Santoro, Police Chief Paula Patafio, Meeting Secretary Mayor Filipowski called the first Board of Trustee meeting for 2001 to order. He welcomed Ingrid Bent, Intern from the Village's Administrator's Office, to her first official meeting. He also introduced Mr. Jon Kanter, representative from the office of Frederick P. Clark, to his first Rye Brook meeting. Mr. Kanter is the Village's new Planning Consultant, replacing Mr. Christian Miller. Mayor Filipowski called for the first item on the agenda: PUBLIC HEARING: 1. SPRINT SPECTRUM L.P. AND SPECIAL PERMIT AND SITE PLAN APPLICATION TO CONSTRUCT ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 900 KING STREET. Mayor Filipowski noted that additional information, and expert review,will be required in order to make this decision. As a result,he read the following statement: "As the members of the Board of Trustees will recall, in November this application was referred to the Planning Board, Telecommunications Commission and the Environmental Council for I reports and recommendations. When the Public Hearing was scheduled for January 9,2001 it was anticipated that the referral Boards and Councils would be able to provide their recommendations by the end of December, 2000. The Board of Trustees has received a communication from the Chairman of the Planning Board that the Board would require additional information from the applicant and the Village Consultant in order to properly complete their review and make an informed recommendation. The Planning Board believes that they have a considerable amount of additional work to accomplish, and this would require the Board of Trustees to re-think their decision malting process." Therefore,in light of the Planning Board's request, and because to date no report has been received from the Environmental Council, Mayor Filipowski recommended, and moved, that this evening's Public Hearing be canceled subject to rescheduling at a later date. This would allow the applicant time to respond to the Planning Board's request and also allow the Planning Board an opportunity to complete its review. The Motion was seconded by Trustee Roger Herman. It was also recommended that Sprint submit information regarding additional plans, cell locations, the coverage grid, etc. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski moved to the Resolution portion of the agenda: RESOLUTIONS: 1. APPOINTMENT OF A SENIOR OFFICE ASSISTANT—RECREATION Mr. Christopher Bradbury read the following Resolution: RESOLUTION APPOINTMENT OF SENIOR OFFICE ASSISTANT -RECREATION RESOLVED,that Cannella Swick of 128 North Regent Street,Port Chester,New York,is hereby appointed provisionally to the position of Senior Office Assistant - Recreation with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $36,500 with an effective start date of January 29, 2001. On a motion made by Trustee Brackman,and seconded by Trustee Rand,the Resolution was adopted. 2 TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE IA. APPOINTMENT OF POLICE OFFICER Mr. Bradbury read the following Resolution: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED,that Robert G.Byrnes,of 44 Highview Terrace,Yonkers,is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to passing a medical examination and compliance with the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary for the position is $31,790.00 with an effective start date of February 5,2001. On a motion made by Trustee Rand,and seconded by Trustee Brackman,the Resolution was adopted. TRUSTEE BRACK1ViAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE Chief Santoro noted that Police Officer Byrnes was unable to attend the meeting as he was on duty. Trustee Jody Brackman requested information from Chief Santoro regarding the number of active police officers at the current time. Chief Santoro noted that the number was 27, however, he stated that four officers are currently out on disability. Two are short term and the other two are long term. Trustee Brackman questioned how the absence of these four officers effected the overtime budget. Chief Santoro noted that the addition of Officer Byrnes will improve the situation. Mayor Filipowski called for the next item on the agenda: 2. REFERRING SITE PLAN AND SPECIAL PERMIT MODIFICATION APPLICATION TO THE PLANNING BOARD AT 555 WESTCHESTER AVENUE 3 Mr. Bradbury read the following Resolution: RESOLUTION REFERRING SITE PLAN AND SPECIAL PERMIT MODIFICATION APPLICATION TO THE PLANNING BOARD MICHAEL BORELLI AND ANTHONY RUSSO 555 WESTCHESTER AVENUE RESOLVED, that the site plan and special permit modification application of Arconics Architectural P.C. on behalf of Michael Borelli and Anthony Russo to expand the existing building at 555 Westchester Avenue used for professional offices by adding a two story addition in the left side yard and upgrading rear yard parking is referred to the Planning Board for a report and recommendation; and it is further RESOLVED,that the applicant shall deposit the sum of$1,000, and such additional amounts as may be requested, in the Village's professional fees/enviromnental review fund to defray the cost of review of the application. On a motion made by Trustee Brackman,and seconded by Trustee Rand,the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. DESIGNATING POLLING PLACES FOR THE 2001 VILLAGE ELECTION. Mr. Bradbury read the following Resolution: 4 RESOLUTION DESIGNATING POLLING PLACES FOR THE 2001 VILLAGE ELECTION MARCH 20, 2001 RESOLVED,that voting machines owned by the Town of Rye shall be used at the next Village Election to be held on Tuesday, March 20, 2001; and be it further RESOLVED, that if said voting machines are not available, the use of paper ballots is hereby authorized; and be it further RESOLVED, that the polls in each of the nine Election Districts in the Village of Rye Brook shall be opened at 7:00 a.m. in the morning and remain open until 9:00 p.m. in the evening of said day; and be it further RESOLVED, that the polling places be, and they hereby are, designated for the respective Election Districts as follows: Election District#20 - Port Chester Middle School - Bowman Avenue (Main Lobby) Election District#21 - Port Chester Middle School - Bowman Avenue (Main Lobby) Election District#22-Blind Brook High School -I{ing Street (Main Lobby) Election District#23 -Ridge Street School -North Ridge Street (Gymnasium) Election District#26 -Port Chester Senior High School -Neuton Avenue (Main Lobby) Election District#27 -Ridge Street School -North Ridge Street (Gymnasium) Election District#29 - Ridge Street School -North Ridge Street (Gymnasium) Election District#30 - Blind Brook High School -King Street(Main Lobby) Election District#31 -Ridge Street School -North Ridge Street(Gymnasium) Trustee Jody Brackman asked for clarification of procedures when the voting equipment malfimctions, as it did during the Village's most recent election. Mr. Bradbury stated that the Village's procedure would be to continue with a written vote. On a motion made by Trustee Herman,and seconded by Trustee Degling,the Resolution was adopted. TRUSTEE BRACKIVIAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury announced that the Village was currently looking for alternate election inspectors. Anyone interested in this position should contact the Village Administrator's office. 5 I 4. 2001 STOP-DWI AGREEMENT BETWEEN WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK Mr. Bradbury read the following Resolution: RESOLUTION 2001 STOP-DWI AGREEMENT BETWEEN WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK RESOLVED, that the Village of Rye Brook is authorized to enter into a 2001 Stop-DWI Patrol Project Reimbursement Contract with Westchester County for reimbursement of overtime and added patrol costs to enforce DWI/DWAI laws in an amount not to exceed $11,400.00; and it is further RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary to appropriate to accomplish the purposes of this Resolution. On a motion made by Trustee Degling,and seconded by Trustee Herman,the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. PERMITTING CONSTRUCTION OF FRAMING FOR BELLEFAIR MIDDLE INCOME UNITS Mr. Bradbury read the following Resolution: RESOLUTION PERMITTING CONSTRUCTION OF FRAMING FOR BELLEFAIR MIDDLE INCOME UNITS WHEREAS, by Resolution adopted on January 27, 1998, the Board of Trustees of the Village of Rye Brook approved the site plan for the High Point Village PUD, now BelleFair, and condition 16 of said Resolution required the applicant to return to the Board of Trustees for review and approval of 12 middle income units at BelleFair; and 6 WHEREAS, BellcFair Home and Land Company and Spectrum Skanska have submitted a plan to the Village which is under review; and WHEREAS, BelleFair/Spectrum Skanska previously requested authorization to install foundations for the Middle Income Units, at its own risk,pending final review and approval of the Middle Income Units, which authorization was granted by the Board of Trustees; and WHEREAS,the foundations have now been installed and in order to move forward on the Middle Income Units, BelleFair/Spectrum Skanska has now requested the authorization to begin framing, also at its own risk, pending final review and approval of the Middle Income Units. NOW,THEREFORE BE IT RESOLVED,that the Belle Fair Home and Land Company and Spectrum Skanska shall be authorized to begin framing on the twelve(12)Middle Income Units, at their own risk, in accordance with a letter dated December 26, 2000 from Neil DeLuca and the plans previously reviewed and approved bythe Village Board of Architectural Review,pending final review and approval of the twelve (12) Middle hicome Units pursuant to condition 16 of the High Point Village Resolution adopted on January 27, 1998. Mr.Bill Gerety,Building Inspector,noted that 12 permits have been issued to the applicant to pour the foundation. A fractional fee has been charged, based upon the work scheduled to be completed. A similar fee will be charged for the framing. Mr. Iden Powell, Village Attorney, noted that as a pre-condition to adopting the Resolution, the Board should be satisfied with what has been proposed. With respect to the use and occupancy of the units, the applicant would still require a Certificate of Occupancy prior to the units being sold and occupied. Trustee Donald Degling noted that he was somewhat uncomfortable with the motion. Although it makes sense to get the foundations in while the weather was holding up,he now felt that the Board should be able to view approvals and final plans before the time runs out. He asked that all approvals be in place,so that the Board is sure of what is being done,before the townhouses begin to be sold. Trustee Lawrence Rand stated that there was a precedent being set for the process of the sale of the units, as well as for the re-sale. This is a wonderful opportunity and there are certain issues which need to be taken into account. He felt that a public workshop should be held before the final decision is made. A meeting was scheduled for 7:00 p.m. on January 29, 2001 for the Board of Trustees to meet to further discuss this project. Mr. Bradbury and Mr. Powell will have the parameters of how the 12 units will be sold. At the last Board meeting the members of the Board made several suggestions which have resulted in changes. It was noted that a final document will be available for review by the Board of Trustees within the next two weeks. 7 Mr. Neil DeLuca of Spectrum Skanska addressed the Board. He stated that applicant is willing to take the chance of having these units completed before the Board has made their final decision about occupancy. Further,they understand that they will bear the burden of having the units unoccupied until the Village does make their final decision. He further noted that construction is not something that can be easily started and stopped. By the January 29"meeting the applicant will not be anywhere near completion of the framing as the framing will be done one building at a time(there are three buildings), and work will not begin until January 18, 2001. As the applicant has agreed to bear the burden the Board agreed to adopt the Resolution. On a motion made by Trustee Rand, and seconded by Trustee Herman, the Resolution was adopted. TRUSTEE BRACI MAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. RATIFYING COMMUNITY REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COMMITTEE VOLUNTEER AMBULANCE CORP, INC. Mr. Bradbury read the following Resolution: RESOLUTION RATIFYING COMMUNITY REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COMMITTEE .OF THE PORT CHESTER/RYE/RYE BROOD VOLUNTEER AMBULANCE CORP, INC. WHEREAS,by letter dated December 15, 2000, Scott T.Moore,Administrator of the Port Chester/Rye/Rye Brook Volunteer Ambulance Corp,Inc., advised that the Board of Trustees of the Village of Port Chester has nominated David Byrnes as a Community Representative to the Emergency Medical Services Committee, under the Inter-Municipal Agreement for Emergency Medical Services; and WHEREAS,Administrator Moore has submitted David Byrnes'nomination to the Village of Rye Brook and City of Rye for ratification. NOW THEREFORE BE IT RESOLVED,that the Board ofTrustees of the Village ofRye Brook hereby approves and ratifies the appointment of David Byrnes as a Community Representative 8 to the Emergency Medical Services Committee for a term to expire on June 30, 2003; and it is further RESOLVED, that the Village Administrator shall forward a copy of this Resolution to the Port Chester/Rye/Rye Brook Volunteer Ambulance Corp, Inc., the Village of Port Chester and the City of Rye. On a motion made by Trustee Brackman, and seconded by Trustee Herman,the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski thanked Mr. Scott T. Moore for his work and effort. Mr. Moore thanked the Mayor and stated that it has been a pleasure serving the community. 7. IBIS GROUP PHASE II BUSINESS PLAN Mr. Bradbury read the following Resolution: RESOLUTION IBIS GROUP PHASE II BUSINESS PLAN RESOLVED, that the Village of Rye Brook is authorized to enter into a contract with the IBIS Group for a Phase II business plan for collaborative development of a wellness and fitness center in the Village of Rye Brook, as set forth in a proposal of services dated August 4,2000 with the cost thereof to be divided equally among the Village of Rye Brook, Greenwich Hospital, and United Cerebral Palsy of Westchester, and with the Village of Rye Brook's share not to exceed $10,000.00; 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; and it is further RESOLVED, that $10,000 shall be transferred from 1990, 424 contingency account, to 1984, 23 consulting fees. Trustee Brackman requested an update on the current situation. Mr.Bradbury stated that the Village Board has received the Phase I documents in which it is stated that the building will be constructed on United Cerebral Palsy(UCP)property. He noted that Greenwich Hospital 9 and UCP are going forward with the next phase. They have moved ahead with the survey scheduled for this week. It is now time for the Village to decide whether or not they wish to continue with Phase H. The Village has made an investment by going along with Phase I in an attempt to create an aquatic benefit for the residents of the community. As this project progressed, it was found that the pool was changed to a lap pool and the fees for use by Village residents of the fitness center have been increased. Trustee Rand asked that specific information be obtained from IBIS with regard to exactly what is planned be ascertained. He felt that the issue of what will be done with the land that the Village will lease to UCP is an important one. Trustee Brackman stated that she was disappointed with the current status of this project. She noted that she was very excited about someone coming into Rye Brook and building a pool that would not cost the taxpayers money. However,the proposal as it stands right now is not for the pool that the community wants -- an outdoor pool with the social benefits of having parents and children getting together. She also noted that the current location for the pool is directly under the runway. Trustee Degling stated, as he did at the past meeting,that the trade-off of the eight acres to UCP troubled him. It is a situation that makes him very uncomfortable. Dean Santon of Hillandale Road addressed the Board. He noted that in order for UCP and Greenwich Hospital to build anything they must go before the Village Boards for permission. The area of the proposed fitness center is zoned for office use and in order to construct the type of facility that is being discussed the IBIS Group would require a special permit. Therefore, the Village is not cut out of the picture. He felt that at this time the Village did not know what was actually being proposed with any specificity. Mr. Santon noted that UCP has clearly stated what its intention are with regard to the use of the Village land. He asked that the Recreation Council and the Facility Committee be charged with the task of investigating the use of Rye Brook land before it is given away. Mr. Ken Heller of Lincoln Avenue addressed the Board. He felt that trading away $3.5 million dollars worth of land (the eight acres) was not in the Village's best interest. He asked that the Board look at this land when they are reviewing the Village's Vision Plan. This property is a great asset that belongs to the Village and one of the possible uses would be to let it remain open space. He asked that the Village not spend any more money on this project. He also noted that within the Village's Master Plan his name was misspelled several times. He asked that this be corrected. As it was the consensus of the Board that this is no longer the great deal that it was at the beginning, a motion was made by Trustee Rand, and seconded by Trustee Brackman,to not adopt the Resolution. TRUSTEE BRACI MAN VOTING NO TRUSTEE DEGLING VOTING NO TRUSTEE HERMAN VOTING NO TRUSTEE RAND VOTING NO MAYOR FILIPOWSKI VOTING NO 10 8. CONSIDERING THE APPROVAL OF MINUTES: NOVEMBER 28, 2000 DECEMBER 12, 2000 On a motion made by Trustee Brackman, and seconded by Trustee Herman,the minutes, as amended by the Board of Trustees, were approved. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski noted that the next Board of Trustee meetings will be held on January 23, 2001 and February 13, 2001. Mayor Filipowski,Mr.Bradbury,and Trustee Degling thanked Mr.Victor Carosi,Village Engineer, for his hard work during the recent snow storm. It was noted that Mr. Carosi put in many hours, along with the Village's staff, and the Board echoed that their work is very much appreciated. Mr. Carosi stated that the Village worked very hard at clearing all of the roads, not only the main streets. He did ask that when residents have their driveways plowed that they not throw the snow into the plowed streets. Mayor Filipowski stated that the Village does have a law that within 24 hours from the finish of a snow storm all residents must have their sidewalks cleared. Mayor Filipowski noted that he has been speaking with the Chairmen of the Recreation,Facilities, Planning and Zoning to get a team together to evaluate what the facility needs,park needs, etc. are to try and work with the comments that are in the Vision Plan. In this way the Village can be sure that no one will be left,out. He felt that a delegate,with an alternate, from each Village Board could form a team so that the Vision Plan can begin to be implemented. He asked Mr. Bradbury to place this as an agenda item for the next Board of Trustees' meeting. Mayor Filipowski asked what procedurally needed to be done in order to embrace the Vision Plan. Mr. Kanter felt that the document itself was great. He suggested a number of things that could be done. At a minimum, acceptance of the plan would be appropriate. It was left to the Board's discretion of how to handle this. Trustee Degling asked that as the Village's Vision Plan is being reviewed that Elm Hill Park be looked at. He stated that this parcel of land, approximately 1%2 acres, could be transformed into a beautiful park. Trustee Brackman asked if a follow-up workshop would be appropriate in order to discuss whether the Board wished to adopt certain parts of the Vision Plan or if they wished to adopt it in its entirety. Mayor Filipowski stated that the Board needed to accept the Vision Plan as amended,and then it can 11 be amended. When this plan is looked at holistically there are a lot of parts to it. This is a working blueprint. The process will be started at the next Board of Trustee meeting (January 23, 2001). Trustee Degling felt that putting this item on for discussion was the best idea. Mayor Filipowski noted that the Telecommunications Commission has been working on a Public Access Guideline. He requested that this item also be placed on the agenda for the next Board meeting. It is the consensus of the Board that individuals should have access to the government's cable channel. Trustee Rand felt that it was incumbent on the Board to ensure that members of the community have access to the Public Access channel. He asked that copies of the proposed guidelines be available on the website in order to give residents the opportunity to review it and make informed comments. This was agreed to. Mr. Heller asked the Village to consider what can be done about the large deer population, and wild turkeys, that now inhabit the Village. Dean Santon addressed the Board for a second time. At this point he asked the status of the Korean Memorial proposed for Crawford Park. He questioned the timetable that was now before the Board noting that the Model Plan did not contain information about monuments within the park. Mayor Filipowski replied that the Planning Board will be discussing this issue at their next session which will take place at their February meeting. Mr. Santon felt that the Town of Rye would move on with their decision before the Village of Rye Brook made their decision. He noted that a Town of Rye Board meeting was scheduled for Tuesday, January 16`h, and, at that time they would be discussing the Model Plan. Mayor Filipowski stated that Rye Brook is still in touch with the Town of Rye on this issue. The Board of Trustees is waiting for a response from the Planning Board in their advisory capacity. Trustee Brackman noted that the Youth Bureau will have a representative at the January 23, 2001 meeting. She brought to the attention of the Board that between the various Boards and Committees within the Village there are a lot of gaps of communication. She felt that a process should be set up whereas the members of all of the Commissions could receive some training and be taught how to get on the same page. This would make the Village work better. Trustee Rand, as a liaison for the Traffic Committee, addressed the Board. He noted that the right turn off of Glenville Road is still a reason for concern. People are whipping around that area and making a right on red even though it is prohibited. Chief Santoro will be looking into this problem. Trustee Rand also requested information on the status of the left turn from exit 30 from the Hutch. Trustee Degling stated that this was the subject of some discussion during a recent meeting of the Traffic and Transportation Subcommittee of the Westchester/Greenwich Task Force. It was agreed that the best that could be done would be to wait for the completion of the construction at the intersection and then allow for a little time to pass so that the people who drive on these roads get used to the new arrangement. After this happens in the early spring, a new traffic study will be done. Once the results are in then a decision can be made. It is important to note that Westchester Comity, 12 New York State, Greenwich, and the Village of Rye Brook are all involved. This will all come to fruition this spring. Trustee Brackman asked Mr. Carosi to give an update on the projects of sidewalks,and the left turn lane that has been suggested from Ridge Street to Westchester Avenue. Mr. Carosi noted that funding has been appropriated to install concrete sidewalks along the good portion of King Street and that project has now been completed as far as the design stage. The contractual documents are now being worked on. The potential for having a right turn lane from North Ridge Street onto Westchester Avenue is currently being discussed with Westchester County. Mr. Carosi is working with the Westchester County Planning Department to try and make the tum lane a reality. As there were no other members of the public, or members of the Board, wishing to discuss any addition issues, Mayor Filipowski requested a motion for an Executive Session to deal with personnel and litigation. Trustee Brackman made the motion, and Trustee Degling seconded it. TRUSTEE BRACKIMIAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE There being no further business before the Board, the meeting was adjourned at 9:00 p.m. Respectfully submitted, Christopher J. Bradbury Village Administrator 13