HomeMy WebLinkAbout2001-10-23 - Board of Trustees Meeting Minutes October 23, 2001
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL,938 KING STREET
TUESDAY, OCTOBER 23, 2001
AGENDA
ROLL CALL:
PLEDGE OF ALLEGIANCE:
PUBLIC HEARINGS:
1. CONSIDERING A LOCAL LAW TO ESTABLISH A SIX MONTH
MORATORIUM ON THE ISSUANCE OF PERMITS AND APPROVALS IN THE
R-12, R-15, R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE
CORRIDOR
2. CONSIDERING A LOCAL LAW TO AMEND SECTION 250-39, THE WIRELESS
TELECOMMUNICATION FACILITIES
RESOLUTIONS:
1. APPROVING LOCAL LAW #5-2001 TO AMEND SECTION 250-39 OF THE
CODE OF THE VILLAGE OF RYE BROOK IN RELATION TO WIRELESS
TELECOMMUNICATION FACILITIES
2. AWARDING CONTRACT#01-10 PINE RIDGE BALL FIELD PARK
3. ENTER INTO AGREEMENT WITH WESTCHESTER COUNTY TO PERMIT
THE COUNTY TO RELOCATE AN AIRPORT NOISE MONITORING DEVICE
ON VILLAGE PROPERTY ON LINCOLN AVENUE
4. DECLINING TO ENTER INTO INTER-MUNICIPAL AGREEMENT NO. 01-933
WITH THE COUNTY OF WESTCHESTER FOR THE PROPOSED ROADWAY
TRANSFER OF NORTH RIDGE STREET (COUNTY ROAD NO. 54B)
5. CALLING FOR A PUBLIC HEARING ON THE CONSIDERATION OF THE
HOFFMAN 2-LOT SUBDIVISION, SECTION 1, BLOCK 10, LOT 1A
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October 23, 2001
6. AWARDING CONTRACT#01-11 ONE NEW OR DEMO RESCUE PUMPER
7. RELOCATION OF HANDICAPPED PARKING SPACE ON GARIABLDI PLACE
S. AUTHORIZING THE PLACEMENT OF "CAUTION-CHILD T PLAY" SIGNS ON
MAYWOOD AVENUE
9. SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND
CHAPTER 240, THE VILLAGE VEHICLE AND TRAFFIC LAW
10. APPROVING THE 2002 STOP-DWI AGREEMENT BETWEEN WESTCHESTER
COUNTY AND THE VILLAGE OF RYE BROOK
11. APPOINTMENT OF RECREATION ASSISTANT
12. AUTHORIZATION TO APPROVE THE SCHEDULE OF BILLS PAYABLE
13. RESCINDING THE SITE DEVELOPMENT PLAN APPROVAL FOR 900 KING
STREET
ADMINISTRATOR'S REPORT:
OLD BUSINESS:
NEW BUSINESS:
PUBLIC MAY BE HEARD ON ITEMS NOT APPEARING ON THE AGENDA:
Next Trustee Meetings: November 13, 2001 and November 27, 2001
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October 23, 2001
CONVENE:
The meeting of the Board of Trustees was called to order at 7:30 p.m. by Mayor Francis
Filipowski in the Meeting Room. The Pledge of Allegiance followed.
PRESENT: Mayor Francis Filipowski
Trustee Jody Bracknan
Trustee Donald Degling
Trustee Lawrence Rand
Trustee Dean Santon
STAFF: Christopher Bradbury, Village Administrator
Ingrid Richards, Assist. to the Village Administrator
Ed Beane, Village Attorney
David Kvinge, Village Consultant
David Stolman, Village Consultant
Chief Robert Santoro, Police Chief
Victor Carosi, Village Engineer
William Gerety, Building Inspector
Robert Bertolacci, Recreation
Paula Patafio, Meeting Secretary
Mayor Filipowski welcomed everyone to the October 23, 2001 Board of Trustees Meeting. He
began the meeting by discussing the first Public Hearing on the agenda.
PUBLIC HEARINGS:
1) CONSIDERING A LOCAL LAW TO ESTABLISH A SIX MONTH
MORATORIUM ON THE ISSUANCE OF PERMITS AND APPROVALS IN THE
R-12, R-15, R-20 ZONING DISTRICTS AND THE LINCOLN AVENUE
CORRIDOR
Mayor Filipowski announced that the Public Hearing addressing this Moratorium was
adjourned. However, as members of the public may have come to the meeting to discuss
this item, he offered anyone wishing to address the Board regarding the Moratorium the
opportunity to do so.
Mr. Richard Lubkin, of Red Roof Drive, addressed the Board. Mr. Lubkin noted that
although he is the Chairman of the Planning Board, he was addressing the Board as a
resident of Rye Brook. He reminded that Board that this item has not been referred to the
Planning Board for its review. Mr. Lubkin noted that there are problems with the Zoning
Code of Rye Brook, especially with regard to subdivisions. The community should
support changes to the Zoning Code, however, he felt that the Moratorium that has been
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October 23, 2001
drafted is inappropriate and potentially harmful to the Village. This Moratorium calls for
the cessation of practically all building permits. This is punitive to many homeowners
and not in keeping with the Village's Vision Plan.
Mr. Peter Murray of I6ng Street addressed the Board. He reiterated his statements on
this subject from the previous meeting. He asked for clarification regarding the pending
applications and whether or not they are exempted. The response from Mr. Ed Beane,
Village Attorney, was that the most recent suggested changes to the Moratorium does
exempt pending applications. He also noted that another suggested change was with
regard to the square footage that would be considered outside the Moratorium. Mr.
Murray stated that he found it unbelievable that the Village could revamp the Code that
pertains to 78% of the Village in six months. He felt that it was not practical and that
trying to cram in these changes does the Village an injustice. He strongly opposed the
Moratorium.
Mr. Guy Luso, a resident of Comely Avenue addressed the Board. He noted that at a
prior meeting he had stated that there were many lots that have already been subdivided.
He felt that imposing this Moratorium would be an injustice to residents who have lived
in the Village for many years and have not subdivided their property. There are many
other issues that the Village of Rye Brook should be addressing that are much more
important to the residents. One such issue is the airport and the noise and air pollution
that comes from it.
Mayor Filipowski felt that the Board has received a good amount of input from the
community. He did not, however, feel that everyone in the community is aware of this
very important issue. As it is the consensus of the Board that many residents are not
aware of this issue because they do not have access to the government access channel on
cable, a suggestion was made to put a notice in the Village's newsletter, which is
scheduled to be sent out soon. This would allow all residents to be aware of the impact
of this type of Moratorium. It is important that the whole community have this
information and have the ability to address this issue.
Trustee Lawrence Rand noted that he has been on the Board for almost two years. This is
the first real policy matter that this Board has had to deal with. A decision on this issue
warrants more time. He was in favor of extending the public hearing in order to obtain
more input, and felt that a notification in the newsletter is a good idea. He noted that a
timeframe should be set in order to ensure that this matter is addressed in a timely
fashion. Trustee Jody Brackman was in agreement with the comments made by Trustee
Rand.
Trustee Dean Santon felt that there is a lot of information that does not reach many of the
residents. He felt that the Board needs to act on behalf of the Village and make some
policy decisions. He felt that putting this issue on the backburner would not benefit
anyone. In his opinion, this document is the first step of embracing the Village's Vision
Plan. As several public hearings have been held, he felt that now is the time to take a
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October 23, 2001
shot at crafting the law. Change is never pleasant, but the Board must think of what is
best for the Village.
Trustee Donald Degling noted that there were two public hearings held on this issue and
he proposed closing the public hearing, accelerate the process of the newsletter and then
proceed with all deliberate haste in preparing the document. He noted that the comments
received from the newsletter could be incorporated into the crafting of the law, and
agreed with Mayor Filipowski that it is important to gather all the information possible.
Mrs. Evelyn Philips of Loch Lane addressed the Board. She noted that she has been in
attendance for two of the public hearings on the Moratorium. She agreed that many
people do not watch the cable channel, and are not connected to the Internet. The
newsletter will be a great benefit to them. She noted that she was very pleased that the
Village was looking to gather as much information as it could in order to make a
thoroughly informed decision.
Mr. Ken Heller of Lincoln Avenue addressed the Board. He felt that the newsletter
should be considered part of the public hearing. Closing the public hearing would be
unfair because the comments received from the newsletter would not be heard by the
public, and the public has a right to know what information was gathered from the
community. In response to Mr. Heller's comments, Mr. Beane stated that the public
hearing can be left open and all comments can be read at a meeting of the Board's choice.
Hopefully, at that time the Board will have a Resolution prepared that can be voted upon
immediately after the public hearing is closed.
A resident of Ivy Hill addressed the Board. She noted that she is very confused regarding
this Moratorium, even though she has been following the Board of Trustee meetings
which are televised. She was unsure of what brought on the suggested Moratorium and
asked for clarification. Having just purchased a home that needs work, this Moratorium
is of great concern for her.
Mr. Beane noted that this Moratorium pertains to the Lincoln Avenue corridor. It
currently in eludes an exclusion of decks and garages. He noted that recent development
of homes that are too big for the lots that they are on is what caused the discussion on the
proposed Moratorium. These homes are referred to as "MeMansions." The Lincoln
Avenue corridor of Rye Brook has much larger lots. In order to avoid this type of
development in the fixture, the Village is making an effort to take a look at the Zoning
Code and propose changes to protect the residents. This would avoid residents from
running the risk of going through the entire process and then finding out that they cannot
subdivide their property.
Trustee Santon felt that postponing this issue would be uncalled for. He noted that many
of the recent subdivisions have had some sort of problems relating to drainage and/or
quality of life issues. He asked that the Board move forward, and suggested that the topic
of the Moratorium be dropped.
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October 23, 2001
Trustee Rand noted that this is a very interesting issue which offers the Board the ability
to work on malting changes to the Zoning Code. He felt that additional public input
should be sought on the Moratorium, but the Board should be working on the proposed
changes to the Zoning Code. He also suggested requesting input from the Zoning Board
of Appeals and the Planning Board, who could make recommendations to the actual
code.
Trustee Brackman noted that the entire Village should be informed of this discussion and
be afforded the opporim-ity to provide input. This type of law deserves extra
consideration and therefore she was in favor of extending the public hearing to allow
more time for comments.
Trustee Degling made a motion to adjourn the public hearing to the second Board
meeting of November. By that time the newsletter will be published, and all comments
will be received. Mr. Bradbury felt that the November 27th meeting did not allow
sufficient time to receive input from the newsletter and suggested the first Board meeting
in December. Trustee Degling amended his motion. Trustee Brackman seconded the
motion to adjourn the meeting to first meeting in December.
Ms. Richards called the roll:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting No
Mayor Filipowski Voting Aye
Mayor Filipowski moved to the second Public Hearing on the agenda:
2. CONSIDERING A LOCAL LAW TO AMEND SECTION 250-39, THE
WIRELESS TELECOMMUNICATIONS FACILITIES
Mayor Filipowski called for comments from the public. Mr. Daniel Tartaglia, of the law
firm of DelBello Donnellan Weingarten & Tartaglia, LLP, addressed the Board. Mr.
Tartaglia noted that his finn represents the Arbors Homeowners Association. He renewed
his request that the Board consider a limitation, or the elimination, of the P.U.D. Zones
from the effects of the Telecommunications Law. He noted that the P.U.D. Zone is the
only residential zone that is affected by the law. With regard to limitation, the Board
could limit the number of installations within a P.U.D. to one. He asked that the Board
carefully consider what can be done to limit the proliferation of cell antennas within
residential zones.
Mr. Heller of Lincoln Avenue addressed the Board. He reminded everyone of the
importance of cell phones in the time of crisis. Facilities most be provided in order to
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October 23, 2001
improve coverage. The consequences of turning away cell carriers must be considered as
the Village cannot depend upon the next community for coverage from cell towers
installed in their municipality. Cell phones are the communication mode of the future. ,
Trustee Rand noted that he did vote against the Sprint application because he felt that this
Board did not have enough flexibility to reject certain applications based upon the
Telecommunications Law. The first Resolution on the agenda amends Section 250-39 of
the Wireless Telecommunication Facilities. The amendment stresses this municipalities
right to reject an application based upon visual impacts. He is in favor this amendment,
but he strongly urged that the language of the Telecommunication Law in the Village's
Code to include specifics on the alternate site analysis.
Trustee Degling thanked Trustee Rand for his comments. He felt that the current
Resolution should be passed for exactly the reasons that Trustee Rand noted. As Mr.
Heller has pointed out, cell phones are the way of the future. Therefore, as the Code is
amended the Board must be careful to ensure that alternative sites can be found.
Trustee Santon requested time to comment on this issue. He reminded the Board that he
did not have an opportunity to speak on this issue and that he did not have a time limit for
the length of his discussions. He stated that he had a problem with having the public
hearing and then having the next item on the agenda be the Resolution. He felt that this
did not allow for the comments gathered at the public hearing to be incorporated into the
local law. He recommended that the Resolution be held over to the next meeting in order
to allow for more time to consider all of the comments. Trustee Santon stated that
everyone realizes that the coverage for cell phones in our area is terrible and cellular
communications can be improved. With this in mind he felt that the Village should be
proactive and identify some areas within the Village that towers can be installed. He
noted that sometime ago there was a proposal to use the Village Hall site for the location
of a cellular tower. He asked for the status of this proposal. Secondly, he admitted that
he did not understand what the change in language offered the Board versus what the
Code of 1999 offered it. He asked that special counsel clarify the changes.
Trustee Bracicman noted that the Village's attorney has made several fairly small
amendments which will have a very large impact on the Village. These amendments will
basically allow the Village the ability to deny an application due to an adverse aesthetic
impact, which it does not have in the previous Code. The Village of Rye Brook is trying
to create a balance and this Resolution does not have a negative impact. It is one small
step towards controlling the proliferation of cell towers.
Mr. Michael Begin of Sive Paget&Riesel addressed the Board. He noted that his firm is
the special counsel to the Board. He tried to clarify issues raised by Trustee Santon. He
noted that the proposed amendment gives all telecommimication providers a clear
direction. If they are going to be proposing multiple antennas, then the Board needs an
explanation and justification for this request. The substantive change to the amendment
gives the Board the ability to deny an application, on a case-by-case basis, if it is
determined that such an installation would cause adverse visual impacts. Applications
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October 23, 2001
that have been denied using this type of language have been upheld in Courts. This
language makes it clear that this Board has the authority to deny an application based on
visual impacts, and gives clear direction to the applicant that it must have considered
alternate locations. This is a significant issue. Mr. Bogin noted that he has had
discussions with Trustee Rand regarding alternate site analysis and adding a requirement
to the current Telecommunications Law which will state that an applicant has the
responsibility of completing an explicit alternate site analysis. This could be done under
SEQRA.
Trustee Rand noted that this issue has been before the Board for approximately one year.
The Village is trying to give this Board, and future Boards, more leeway with regard to
accepting or denying future applications. As more information comes up around the
country, where other municipalities have been able to demand more from the applicant in
order to protect the quality of life of their residents, he hoped that that information will be
used to protect the residents of Rye Brook.
Trustee Degling made a Motion to close the public hearing. Trustee Rand seconded the
motion to close.
Ms. Richards read the roll:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski moved to the Resolution portion of the agenda. He called for item#1:
1. APPROVING LOCAL LAW #5-2001 TO AMEND SECTION 250-39 OF THE
CODE OF THE VILLAGE OF RYE BROOK IN RELATION TO WIRELESS
TELECOMMUNICATION FACILITIES
Mr. Bradbury read the following Resolution:
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October 23, 2001
RESOLUTION
APPROVING LOCAL LAW NO. 5-2001
TO AMEND SECTION 250-39 OF THE CODE
OF THE VILLAGE OF RYE BROOK IN RELATION
TO WIRELESS TELECOMMUNICATION FACILITIES
WHEREAS, the Village of Rye Brook encourages co-location of wireless
telecommunication facilities where appropriate, but the Village recognizes this
requirement may result in a proliferation of wireless telecommunication facilities which
may cause adverse visual impacts; and
WHEREAS, a local law was introduced to amend Section 250-39 of the Code of
the Village of Rye Brook in relation to wireless telecommunication facilities to avoid
adverse visual impacts from proliferation of wireless telecommunication facilities; and
WHEREAS, the proposed local law was referred to the Planning Board for a
report and recommendation and the Planning Board heard the matter at its October 11,
2001 meeting,at which time members of the public had an opportunity to be heard; and
WHEREAS, after due consideration, the Planning Board has recommended
adoption of the proposed local law; and
WHEREAS, a public hearing on this proposed local law was held at a Board of
Trustee meeting on Tuesday, October 23, 2001.
NOW THEREFORE BE IT RESOLVED, that Local Law No. 5-2001
amending Section 250-39 of the Code of the Village of Rye Brook in relation to wireless
telecommunication facilities is enacted into law.
On a motion made by Trustee Brackman, and seconded by Trustee Rand, the Resolution
was adopted.
The roll was read:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski called for item#2 on the agenda:
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October 23, 2001
2. AWARDING CONTRACT 401-10 PINE RIDGE BALL FIELD PARK
Mr. Bradbury read the following Resolution:
RESOLUTION
AWARDING CONTRACT NO. 01-10
WHEREAS, the Village of Rye Brook has solicited bids for Contract No. 01-10
"Pine Ridge Park; and
WHEREAS, a public notice was duly advertised in an official newspaper of the
Village of Rye Brook on August 28, 2001;
WHEREAS, in accordance with the Notice to Bidders, Information for Bidders
and Bid Forms, the Village has determined it is in the best interest of the Village to
remove from consideration the units identified on the Bid Sheet, Page C-11, as Slit
Trench & Subsurface Drainage and Electrical Work; and
WHEREAS, at 10:00 a.m. E.S.T., Tuesday, September 11, 2001, six (6) bids
were received and opened and summarized as follows:
BIDDER BID AMOUNT
1. Cali Brothers, Inc. $383,959
2. Bradhurst Site Construction $393,417
3. Realife Land Improvement, Inc. $403,953
4. De Rosa Tennis Construction, hie. $428,319
5. N. Piece & Sons Contracting, Inc. $448,008
6. TDT, Inc. $580,406
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Board of Trustees rejects the bids of Cali Brothers, Inc. and Bradhurst Site Construction
for failure to conform to the Bid Specifications, including the Notice to Bidders, which
requires that to be considered for the Contract "the Bidder must have successfully
completed at least two (2) projects involving baseball field construction under their
current name;" and
BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of
Trustees hereby awards contract No. 01-10 "Pine Ridge Park" (without Slit Trench and
Subsurface Drainage and Electrical Work) to Realife Land Improvement, hie. for the
total bid price of$403,953; and
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October 23, 2001
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute
and deliver all documents necessary or appropriate to accomplish the purposes of this
Resolution; and
BE IT FURTHER RESOLVED, that $75,000 allocated from the Recreation
Trust Account and $75,000 allocated form the General Fund Balance to the Pine Ridge
Ball Field Capital Account.
Mr. Bradbury noted that a representative from Hudson Pacific, the architectural
landscaping firm, and Mr. Dolph Rotfeld, Consultant to the Village, were both available
to discuss this project.
Steve Yarback, of Hudson Pacific, offered the Board a brief summary of the project. He
noted that the task at hand was to design a little League Baseball Field on a parcel of land
that was given by Red Roof Development in lieu of Recreational fees. This facility was
bom out of extensive studies done by Frederick P. Clark & Associates approximately 15
years ago on the recreational needs of the community. When the land was acquired the
task of Hudson Pacific was to fit the ball field on a very limited parcel of land. This was
accomplished and the ball field is now being located to the East of the existing parking
facility. A pedestrian path linking Red Roof Farms into the park, as well as Mohegan
Lane, has been designed. In addition to the ball field, there will be drinking fountains, a
water fountain, landscaping around the park to help soften the views to and from the park
to the adjoining residences. The existing Evergreen trees in one area will be preserved.
An addition of an 18' fence along the 1st base line has been added to the plans in order to
reduce the number of foul balls that would end up on adjoining residential property.
Trustee Rand noted that this project has been reviewed by the Village's Risk Manager.
He felt that it would be very important for an age restriction of 12 and under to be placed
on this field. This would also reduce the number of foul balls that would end up on
adjoining properties.
Trustee Degling asked Mr. Dolph Rotfeld to address the Board and clarify the drainage
system for the field. Mr. Rotfeld noted that the slit trench system would enable the
Village to use the field several hours after a rainfall. This system will be installed after
the field is completed. The electrical work — which is simply a line from the building to
the pitcher's mound—will be done by the Village's electrician.
Trustee Santon commented on funding and budgets as he understood things. He felt that
it was not appropriate to use the Recreation Trust fund for this ball field. Mr. Yarback
stated that he could review the project and respond back to Trustee Santon with specifics.
He did note that originally the park work was going to be much greater and included
decorative lighting and improvements to the tennis courts. The Village had a budget
amount of approximately $300,000 and the job was pared back to bring the project in
closer to that amount. Mr. Bradbury corrected Trustee Santon's comments, and reviewed
for the Board and members of the public the correct procedures. He assured the Board
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October 23, 2001
that these procedures have been followed and that this is exactly the type of project that
funds from the Recreation Trust should be used for.
Trustee Santon asked that a brief overview of what, in view of safety, the Village looked
at when deciding the configuration of the ball field. Mr. Yarback noted that the original
configuration did have the home plate in the opposite direction. Strong opposition by
adjoining neighbors resulted in the new plans and configuration before the Board.
Trustee Rand requested that Chief Santoro review the parking situation and propose
signage which would direct the traffic flow and address parking for the ball field. Mr.
Yarback noted that the park is underserved when it comes to parking.
Mayor Filipowski asked for comments from members of the public. Mr. Telesco of Red
Roof Drive addressed the Board. He noted that the field was moved due to opposition
from the neighbors, versus consideration of safety for the children playing on the field.
Allan Bader, who is the Risk Manager for the Village, noted that the field could be
rotated from its proposed current location. He noted that the suggestion of a 15' to 20'
high fence have been made for his benefit, and he has agreed to this installation. It is his
home that the foul balls will affect the most. This fence will be installed along the first
base line and not the property line. He asked that trees be planted in this area. His final
request was that the spectator stands be moved as they are currently very close to his
property and this will also have an effect on his quality of life.
Mr. Telesco noted that parking needs to be addressed. The residents of Blind Brook
Estates would like parking to be prohibited from their roadways.
Mr. Richard Lubkin of Red Roof Drive addressed the Board. He addressed the issue of
parking. He expressed his concern regarding traffic in the area and noted that there is
only one side of the street parking in the entire sub-division. Even with legal parking on
one side of the street there is a poor sight line. The Village needs to understand the
traffic implications that will result from this ball field. As Chairman of the Planning
Board, he felt that this issue does need further research.
Trustee Santon noted that when this parcel of land was donated to the Village it was very
clear that it was donated for parkland. Also, parking on the roads within Red Roof Farm
were always intended to be used as parking for the park is very limited.
Mr. Yarback noted that everyone was aware that parking would be limited. He did not,
however, recall the discussions regarding using the roads within the Red Roof Farm Sub-
division for parking. He did note that a proposed parking area near the tennis court was
removed from the plan. With regard to traffic, he stated that everyone is aware of what
the traffic is like when ball games are going on.
Mayor Filipowski suggested referring this issue to the Village's Traffic Commission for
review. The Village is extremely concerned with safety and will review these issues.
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October 23, 2001
Mr. Ed Kulik addressed the Board as Chairman of the Recreation Advisory Board. He
stressed that the Village needs this ball field and urged the Board to move forward. He
noted that some of the work would begin this Fall. He thanked Mr. Bradbury for the work
that he has done to get the process started.
Mr. Morton Crandall addressed the Board. He noted that he has been reviewing the plans
for the past several years. He asked if there was an alternative to the 18-20' fence that
could be considered. He suggested that perhaps trees of 18 to 20'be planted. He felt that
there must be better ways to keep the foul balls from Mr. Telesco's property, and yet keep
this ball field the country setting that it was intended to be.
Trustee Santon asked for clarification regarding safety concerns, aside from neighboring
opposition. He asked if the park would have any benefit with the home plate where it
originally was planned. The response was that this change was also made taking the
fielders into consideration. The current position would avoid the fielders looking into the
sun. The trees that will be preserved will shade batters.
Trustee Santon felt that it was inappropriate to discuss the Resolution without addressing
the parking issue first. Mayor Filipowski stated that parking can be discussed over the
winter.
Ms. Richards called the roll:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting No
Mayor Filipowski Voting Aye
At 9:30 p.m. Mayor Filipowski called for a five-minute break.
Upon the Board's return, Mayor Filipowski called for the next item on the agenda:
3. ENTER INTO AGREEMENT WITH WESTCHESTER COUNTY TO PERMIT
THE COUNTY TO RELOCATE AN AIRPORT NOISE MONITORING DEVICE
ON VILLAGE PROPERTY ON LINCOLN AVENUE
Mr. Bradbury read the following Resolution:
RESOLUTION
ENTERING INTO AGREEMENT WITH WESTCHESTER COUNTY TO
PERMIT THE COUNTY TO RELOCATE AN AIRPORT NOISE MONITORING
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October 23, 2001
DEVICE ON VILLAGE PROPERTY ON LINCOLN AVENUE
WHEREAS, since 1984, Westchester County has continuously operated and
maintained fourteen (14) noise monitoring sites pertaining to the Westchester County
Airport located within rights of way owned by several nearby municipalities, including
the Village of Rye Brook; and
WHEREAS, the County undertook a review of the fourteen (14) existing noise
monitoring sites and the need for adding new noise monitoring sites; and
WHEREAS, the final study recommendations include the need to relocate six (6)
of the existing noise monitoring sites and to add six (6) additional monitoring sites to the
Westchester County Airport Noise and Operations Monitoring System.
WHEREAS, the County now desires to relocate a remote noise monitoring
equipment on property within the Village so as to accurately and effectively operate and
routinely maintain remote noise monitoring devices as part of the Westchester Airport
Monitoring System; and
WHEREAS, the Bellefair Homeowners' Association and the Village Airport
Advisory Council have met with the representatives of the County and have no objection
to the location of the noise monitoring device; and
WHEREAS, the Village desires to assist the County and permit and license the
installation and routine maintenance of such devices upon the terms and conditions
contained in an Agreement to be entered into between the Village and the County.
NOW, THEREFORE, BE IT RESOLVED, that the Village shall enter into an
agreement with the County of Westchester upon terms to be negotiated by the Village
Attorney to permit the County to locate a single noise monitoring device on Village
owned property on Lincoln Avenue for a term not exceeding ten (10) years with a
renewal term of ten (10) years and providing for the County, at their expense, to relocate
for one time only the device at the Village's request; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and
deliver all necessary documents to accomplish the purpose of this Resolution.
Renee Johns, Environmental Manager of Westchester County Airport, gave a brief
overview of the project. She noted that in 1984 fourteen noise monitoring devices were
installed. In the last few years the community has expressed its concern that the monitors
are not in the best locations. Consultants were hired and a study was done. As a result of
this study, six monitors will be relocated and six additional ones will be installed. Ms.
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October 23, 2001
- Johns presented a map indicating the locations of the existing noise monitors. She noted
that it is Noise Monitor #2 that will be relocated. The noise monitor on Anderson Hill
Road no longer meets the criteria such as low background noise. The proposed location
is closer to the Bellefair community. The location, off of Lincoln Avenue, was the
construction road for Bellefair.
Trustee Rand noted that the roadway that this monitor will be relocated on is now closed
to traffic, but will remain open for use by emergency vehicles only. This road is setback
approximately 100' from Lincoln Avenue. Trustee Degling stated the road, which is a
gravel road, will be maintained for emergency services.
Trustee Santon noted that there are only two noise monitors within Rye Brook — one
which will be located on the roadway that into a cul de sac in Bellefair and the second at
the Hillandale Circle. He questioned how the noise level in the Country Ridge area was
monitored. Ms. Johns noted that there is a noise monitor located on the Blind Brook golf
course, as well as monitors located in Port Chester. When this project is completed there
will be 20 monitors in the area.
Mayor Filipowski asked Ms. Richards to read the roll:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
4. DECLINING TO ENTER INTO INTER-MUNICIPAL AGREEMENT NO. 01-933
WITH THE COUNTY OF WESTCHESTER FOR THE PROPOSED ROADWAY
TRANSFER OF NORTH RIDGE STREET (COUNTY ROAD NO. 5411)
Mr. Bradbury read the following Resolution:
15
October 23, 2001
RESOLUTION
DECLINING TO ENTER INTO INTER-MUNICIPAL AGREEMENT
NO. 01-933 WITII THE COUNTY OF WESTCHESTER FOR THE
PROPOSED ROADWAY TRANSFER OF NORTH RIDGE STREET
(COUNTY ROAD NO. 54B)
WHEREAS, Westchester County has expressed an interest in transferring ownership of
approximately 0.7 miles of County-owned North Ridge Street to the Village of Rye Brook from
Meadowlark Road to I6ng Street; and
WHEREAS, at the Village Board of Trustees meeting on February 15, 2000, the Village
authorized the former Village Administrator to explore the transfer of ownership of a section of
North Ridge Street to the Village; and
WHEREAS, on July 26, 2001, the County of Westchester forwarded to the Village a proposed
inter-municipal agreement for the Village to assume maintenance and ownership of a portion of
North Ridge Street; and
WHEREAS, in connection with the proposed roadway transfer, the County proposed sketch
plans for certain street improvements for Ridge Street, including a turn lane near the Bruno M.
Ponterio Ridge Street School, concrete curbing, sidewalks, utility pole re-alignments,minor
drainage improvements, and a queuing lane near the Ridge Street Nursery School; and
WHEREAS, if the Village does not accept the transfer of ownership, the County will only
proceed with paving the roadway,without the requested"betterments" and the County will
continue to maintain responsibility of the surface, including patching potholes, future
resurfacing, signage, drain systems and liability claims; and
WHEREAS, the Board of Trustees held a work session on September 12, 2001 to discuss the
advantages and disadvantages of the Village accepting transfer of a portion of North Ridge Street
and members of the public were heard.
NOW, THEREFORE,BE IT RESOLVED, that the Village of Rye Brook declines to enter
into Inter-Municipal Agreement No. 01-933 for the transfer of North Ridge Street (County Road
No. 54B)with the County of Westchester; and
BE IT FURTHER RESOLVED, that the Village of Rye Brook requests that the County
proceed with resurfacing the entire roadway of North Ridge Street (County Road No. 54B) as
soon as possible and that the County authorize its Department of Public Works to discuss with
the Village of Rye Brook's Village Engineer additional work that should be included and
performed by the County when it repaves the roadway, including but not limited to, drainage
improvements and concrete curbing as such improvements will provide for better traffic flow on
North Ridge Street to the benefit of residents of Westchester.
16
October 23, 2001
- On a motion made by Trustee Brackman, and seconded by Trustee Degling, the
Resolution was Adopted.
Trustee Santon felt that as only one Work Session was held on September 12`h, he
wondered what other course of action would be taken. If the County paves the roadway,
curb-to-curb, it still leaves the sidewalks undone. Although he was in favor of not taking
over the road, he felt that the Board needed to evaluate the issue of the sidewalks versus
putting it on a backburner.
Mr. Bradbury noted that traffic safety issues have been raised and they will be reviewed.
The Village Board and School Board will work together on this issue. A study such as
this could cost between $10,000 to $12,000 range, shared equally with the School Board.
The sidewalk issue is currently being tackled.
Trustee Rand noted that at the Work Session a general consensus was reached with
regard to this issue. Mayor Filipowski and Trustee Degling both agreed that the
Resolution reflected the consensus of what the Board was looking to achieve. A few
suggestions were made with regard to minor amendments to the Resolutions. An
additional Resolve section was also added to the Resolution. Trustee Degling felt that a
separate Resolution should be drafted to deal with the issue of traffic and the proposed
traffic study.
Trustee Santon felt that concrete curbing is not a minor improvement. He asked what
was on the plans that the County has drafted. Mr. Carosi noted that there are no current
plans. The plans that have been discussed were preliminary plans. Mayor Filipowski
noted that this road is 30 to 35 years old now. The County will be discussing certain
issues with the Village such as curbing and drainage issues.
Trustee Santon asked how long before project will move ahead. Mr. Bradbury stated that
the County has stated that they will begin work in the Spring.
Ms. Richards read the roll:
Trustee Braclunan Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
5. CALLING FOR A PUBLIC HEARING FOR THE CONSIDERATION OF THE
HOFFMAN 2-LOT SUBDIVISION, SECTION 1,BLOCK 10, LOT 1A
Mr. Bradbury read the following Resolution:
17
October 23, 2001
RESOLUTION
CALLING FOR A PUBLIC HEARING FOR THE
CONSIDERATION OF THE HOFFMAN 2-LOT
SUBDIVISION, SECTION 1,BLOCK 10, LOT IA
WHEREAS, Peter Hoffinan has made an application to the Village of Rye Brook
requesting preliminary subdivision approval to re-subdivide the existing 47,517 square
foot parcel of land into two (2) building lots, 20,000 square feet (Lot 4A-1) and 27,517
square feet(Lot 4A-2) in size; and
WHEREAS, the subject property is located at the intersection formed by
Beechwood Boulevard and Loch Lane, within the R-20 Residential Zoning District and is
shown on the Tax Map as Section 1, Block 10, Lot 1A.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Board of trustees, declares itself lead agency for the project; and
BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of
Trustees shall conduct a public hearing on Tuesday, November 27, 2001 at 7:30 p.m. at
the Village Hall located at 938 King Street, Rye Brook, New York on the subject
application; and
BE IT FURTHER RESOLVED, that the Clerk shall publish a notice of public
hearing as required by law.
On a motion made by Trustee Brackman, and seconded by Trustee Degling, the
Resolution was adopted.
Mr. David Kvinge offered a brief summary of the application. Many issues were
discussed. The Planning Board has reviewed the application. Mr. Hoffman volunteered
to several restrictions with regard to the character of the development. He has also stated
that he would preserve as many of the existing trees as possible. Driveway location was
discussed and a decision to move it was reached. There is a problem in the area and
residents are concerned over the potential impacts of this subdivision. Mr. Hoffman has
agreed to the restrictions proposed by the Planning Board. The Board is aware that the
largest issue that has been discussed is the issue of drainage. This issue has not yet been
resolved.
Trustee Santon began the discussion of this matter. He stated that he had a fundamental
concern of whether or not this application was ready to go to the public hearing. He
noted that the Village's Engineering Consultant, Dolph Rotfeld, stated that he had no way
of calculating if there was a zero runoff coming from the Hoffman property. He could
18
October 23, 2001
not tell the Planning Board whether or not this subdivision would make the drainage
problems in the area worse. Trustee Santon felt that this application should be sent back
to the Planning Board for further research regarding drainage and the impact to the
neighboring properties.
Trustee Brackman stated that it is clear that the Planning Board felt that there is a
drainage issue.
Trustee Rand noted that the Planning Board provided the Board of Trustees with a
strongly worded Resolution. He felt that there are a great number of very serious
questions that need to be resolved before this Board will be comfortable in making its
decision. He asked that the Village's staff really make it clear to the applicant that there
are some very, very serious questions that need to be addressed in order to make a
knowledgeable decision.
Mayor Filipowski asked if a public hearing needed to be scheduled based on the
information before them at this time, and due to legal constraints, or can the applicant be
advised that there are serious questions that need to be answered first.
Mr. Beane stated that the most appropriate way to deal with this application is to schedule
a public hearing. The applicant should be advised that there are issues that need to be
resolved. If the applicant cannot address the issues, then the public hearing can be
closed, and the application can be rejected. Mr. David Kvinge noted that the Planning
Board felt that these were technical issues and that it would be most expeditious to handle
these issues at the Board of Trustee level. This would keep the application moving along.
Trustee Santon felt that the applicant was being rewarded for not complying with the
repeated requests from the Planning Board. He failed to present data that was requested
for four months. He felt that the Planning Board should compel the applicant to give the
information that it requested. Several residents have asked that Westchester County be
engaged to evaluate the soil in this area which, to date, has not been done. He felt that
with all of the drainage related issues that remain unanswered this application is
incomplete. Also to be researched is the effect that this subdivision will have on the
quality of life of the surrounding community.
Mayor Filipowski noted that the Village's counsel has offered its advice. Mr. Beane felt
that the best message that could be sent to the applicant was to not move forward. The
public hearing should be opened, and then the Board will tell the applicant that it cannot
proceed without this information. hi this way the Board of Trustees is not holding up the
process.
Ms. Bent-Richards called the roll:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
19
October 23, 2001
Trustee Santon Voting No
Mayor Filipowski Voting Aye
Mayor Filipowski called for item#6 on the agenda:
6. AWARDING CONTRACT #01-11 ONE NEW OR DEMO RESCUE PUMPER
Mr. Bradbury read the following Resolution:
RESOLUTION
AWARDING CONTRACT #01-11
ONE NEW OR DEMO RESCUE PUMPER
WHEREAS, the Village of Rye Brook has solicited bids for contract #01-11
"One New or Demo Rescue Pumper;" and
WHEREAS, a public notice was duly advertised in an official newspaper of the
Village of Rye Brook on October 4, 2001; and
WHEREAS, at 10:00 a.m. E.S.T., Thursday, October 18, 2001, one (1) bid was
received and opened as summarized below; and
BIDDER BID AMOUNT
1. Saulsbury Fire Rescue, Inc. $297,299.00
WHEREAS, upon reviewing the bids, the Village Cleric has determined that the
bidder has meet the requirements of the contract documents is Nichols Fire Apparatus at
$297,299.00.
NOW, THEREFORE, BE IT RESOLVED, that contract 401-11 "One New or
Demo Rescue Pumper" is hereby awarded to Nichols Fire Apparatus for the total bid
price of$297,299.00; and
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute
and deliver all documents necessary or appropriate to accomplish the purposes of this
Resolution.
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f
i
October 23, 2001
On a motion made by Trustee Rand, and seconded by Trustee Brackman, the Resolution
was adopted.
Trustee Rand noted that he was delighted with the contract. He asked Mr. Bradbury to
give a brief presentation on this equipment. Mr. Bradbury responded that this is an
excellent vehicle and a good complement to the equipment now being used in both Port
Chester and Rye Brook. This vehicle is a Rescue/Pumper. This piece of equipment has
the capability for doing rescue work. Port Chester has a similar vehicle, and this one fits
in with the type of service offered. The Fire Advisory Board and the Chief gave their
input, and the firefighters did a lot of the leg work and research. This is a demo pumper
with less than 20,000 highway miles, going to and from trade shows, but it has not been
used for fire service calls.
Trustee Degling noted that the jaws of life have a specific storage area on it, and the fact
that this vehicle can be used for EMS calls makes it much more valuable to our
community.
Trustee Santon stated that this piece of equipment is a replacement for the back-up
vehicle. As Rye Brook is not sent out on all fire calls, he asked Mr. Bradbury to explain
how the Village can replace a broken piece of equipment with a beautiful new $300,000
piece. Mr. Bradbury responded that the Village would not be purchasing a new vehicle
and allow it to sit. He assured Trustee Santon, and the Board that this piece of equipment
will be used. The combination ladder/pumper was normally used on all calls. Some of
the fine details of how the manpower will function still needs to be worked out. He
stated that he would get some more definitive answers from the Chief and report back to
the Board.
There being no further comments, Mayor Filipowski asked Ms. Bent-Richards to call the
roll:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting No
Mayor Filipowski Voting Aye
7. RELOCATION OF I3ANDICAPPED PARKING SPACE ON GARIBALDI
PLACE
Mr. Bradbury read the following Resolution:
RESOLUTION
21
October 23, 2001
RELOCATION OF HANDICAPPED PARKING
SPACE ON GARIBALDI PLACE
RESOLVED, that, upon the recommendation of the Chief of Police, the Village
Engineer, and with the concurrence of the Traffic Commission, the Board of Trustees of
the Village of Rye Brook hereby authorizes the relocation of the handicapped parking
space from the north side of Garibaldi Place, in front of Garibaldi Park, to the public
parking area for Garibaldi Park; and
FURTHER RESOLVED, that the Mayor is authorized to execute and de3liver
all documents necessary to accomplish the purpose of this Resolution.
On a motion made by Trustee Brackman, and seconded by Trustee Degling, the
Resolution was adopted.
Mr. Bradbury noted that the current handicapped parking space is on a hill, and in a no
parking area. The new parking space is much more sensible, and safe.
The roll was called:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
8. AUTHORIZING THE PLACEMENT OF "CAUTION-CHILD AT PLAY" SIGNS
ON MAYWOOD AVENUE
Mr. Bradbury read the following Resolution:
RESOLUTION
AUTHORIZING THE PLACEMENT OF"CAUTION—CHILD AT PLAY"
SIGNS ON MAYWOOD AVENUE
RESOLVED, that the Board of Trustees of the village of Rye Brook, upon the
request and recommendation of the Traffic Commission of the Village of Rye Brook,
hereby authorizes and approves the placement of"Caution — Children At Play" signs on
22
October 23, 2001
the north and south sides of Maywood Avenue, approximately one hundred fifty feet
(150') from the intersections of Hillcrest Avenue and North Ridge Street; and be it
FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all
necessary documents to accomplish the purpose of this Resolution.
On a motion made by Trustee Brackman, and seconded by Trustee Degling, the
Resolution was adopted.
Mr. Carosi noted that this type of sign just makes drivers aware that they need to exhibit
caution. There are no traffic restrictions. It simply is there to bring out an awareness.
The roll was called:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
9. SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND
CHAPTER 240, THE VILLAGE VEHICLE AND TRAFFIC LAW
Mr. Bradbury read the following Resolution:
RESOLUTION
SETTING DATE FOR A PUBLIC HEARING ON A
LOCAL LAW TO AMEND CHAPTER 240,THE VILLAGE
VEHICLE AND TRAFFIC LAW
RESOLVED, that the Board of Trustees shall hold a public hearing on November
27, 2001 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York, to
consider a local law to amend Chapter 240 of the Code of the Village of Rye Brook in
relation to stop intersections and parking regulations.
On a motion made by Trustee Brackman, and seconded by Trustee Degling, the
Resolution was adopted.
Trustee Santon asked for an overview of the basic changes. He also questioned stop signs
versus yield signs. Mr. Bradbury noted that there were several areas that did not have
stop signs or were mislabeled. Chief Santoro was asked to review this section of the Rye
23
October 23, 2001
Brook Village Code, and noted that the entire Village has not been reviewed. Mr.
Bradbury noted that this Resolution was a very good start to this project.
Mayor Filipowski stated that the next area to be looked at was the intersections in and
around the school, and the area of Red Roof Farm.
Chief Santoro noted that the yield intersections were created by the Town of Rye. In
reviewing the list it has been noted that streets have been listed that should have stop and
yield signs, but there are no signs. Almost every stop sign in Rye Brook does have a
corresponding ordinance. It is just a matter of clarifying these intersections.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
10. APPROVING THE 2002 STOP-DWI AGREEMENT BETWEEN
WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK
Mr. Bradbury read the following Resolution:
RESOLUTION
2002 STOP DWI BETWEEN WESTCHESTER COUNTY AND
THE VILLAGE OF RYE BROOK
RESOLVED, that the Village of Rye Brook is authorized to enter into a 2002
Stop DWI Patrol Project Reimbursement Contract with Westchester County for
reimbursement of overtime and added patrol costs to enforce DWI/DWAI laws in the
amount not to exceed$11,400.00; and it is fiuther
RESOLVED, that the Mayor is hereby authorized to execute and deliver all
documents necessary or appropriate to accomplish the purposes of this Resolution.
On a motion made by Trustee Degling, and seconded by Trustee Brackman, the
Resolution was adopted
Chief Santoro noted that the County reimburses the Village for a portion of the overtime
per year. The amount is $8,400.00 for the 2002 calendar year.
24
October 23, 2001
The roll was called:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski called for item#I I on the agenda:
11. APPOINTMENT OF RECREATION ASSISTANT
Mr. Bradbury read the following Resolution:
RESOLUTION
APPOINTMENT OF RECREATION ASSISTANT
RESOLVED, that Janice Kunicki, of 99 Birch Street, Port Chester, New York, is
hereby appointed to the position of Recreation Assistant 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 for the position is $34,000, with an effective
start date of November 12, 2001, and a probationary period of twenty-six (26)weeks.
On a motion made by Trustee Brackman, and seconded by Trustee Degling, the
Resolution was adopted
The roll was called:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
25
October 23, 2001
12. AUTHORIZATION TO APPROVE THE SCHEDULE OF BILLS PAYABLE
Mr. Bradbury read the following Resolution:
RESOLUTION
AUTHORIZATION TO APPROVE THE
SCHEDULE OF BILLS PAYABLE
RESOLVED, the enclosed Schedule of Bills Payable, representing payment for
services rendered, have been submitted to the Treasurers' Office for payment and review,
and have been certified by the Village Administrator.
NOW THEREFORE BE IT RESOLVED, that this Board hereby approves
payment of the enclosed claims, and authorizes payment thereof.
On a motion made by Trustee Brackman, and seconded by Trustee Degling, the
Resolution was adopted.
Trustee Santon commented that he would like the Board to address the Suburban contract
and tipping fees. He felt that as green waste and trash are thrown in together, and taken
to the County facility instead of going to the composite site, this adds to the weight of
trash brought to the County facility. He also questioned the fee of$2300 to Sive Paget &
Riesel.
Mr. Bradbury stated that the consulting fee to Sive Paget &Riesel was for work that was
previously done. It was also noted that most of the consulting fees from Sive Paget &
Riesel , as well as those of Frederick P. Clark & Associates, are borne by the applicants.
Mr. Bradbury would research the issue of Suburban Carting.
Trustee Rand, noting fees paid to the Library, asked where the name change of the
Library stood. Mr. Bradbury responded that he will research this request.
Trustee Stanton asked that the Village Administrator advise the Board if a project
exceeds the contracted amount. Mr. Bradbury agreed.
The roll was called:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
26
October 23, 2001
13. RESCINDING THE SITE DEVELOPMENT PLAN APPROVAL FOR 900 KING
STREET
On a motion made by Trustee Rand, and seconded by Trustee Santon, this item was
opened for discussion. Mayor Filipowski felt that many of the items in this Resolution
needed further research, including the minutes of various meetings that were being
referenced. He noted that he did not have sufficient time to evaluate this Resolution.
Trustee Rand noted that this matter was brought up several months ago by Trustee
Santon. It was noted that information that was not available to the prior Board in 1998
was now available. The objective here is to correct the record. It is obvious that there
are problems here. It was his hope that, working with Village Counsel, this item could
be researched, and he suggested that this item be tabled until more research has been
completed. Having the firm belief that the records of this community should be correct,
Trustee Rand suggested that this item be put on the agenda for the next meeting.
Trustee Santon seconded Trustee Rand's feeling that this item should be put on the
agenda for the next meeting. He noted that he has been doing research and has supplied
the Board with all of the documents. He has also supplied the Board with information of
where each document can be found so that they can be verified.
Mr. Beane responded, and noted that if the Board members have not read through all of
the documents, and more research needs to be done, then this item should be tabled. He
also noted that he has worked very hard on this Resolution, and counsel is comfortable
with it, however, the issue really is allowing the Board additional time to review the
documents.
As this was the consensus of the Board, this item was tabled until the next Board
meeting. Mr: Bradbury noted that he had all of the documents, and would be re-
distributing them in the next package.
On a motion made by Trustee Santon, and seconded by Trustee Brackman, the Board
tabled this Resolution to the next meeting.
The roll was called:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
27
October 23, 2001
Mr. Bradbury stated that he needed a Resolution to approve the use of Village Streets for the
Thanksgiving Day Parade, scheduled for November 23, 2001. This item was added to the
agenda, and it was the unanimous consensus of the Board to approve the use of Rye Brook
Streets for the Parade.
AUTHORIZING USE OF VILLAGE STREETS
FOR THE THANKSGIVING DAY PARADE
RESOLVED,that the Board of Trustees of the Village of Rye Brook authorizes the use of
Village streets on Friday,November 23, 2001 for the annual Thanksgiving Parade along the
route described in the letter dated October 15, 2001 from Jessica Bliss, Assistant Property
Manager for Win Ridge Realty, L.L.C.
The roll was called:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Rand Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski asked Mr. Bradbury to give his Administrator's Report. Mr. Bradbury gave a
presentation regarding all construction projects currently taking place in the Village. He noted
that the Garibaldi/Ridge Street sidewalk bid is going out on October 29th and is due back by
November 15`11. The recycling bid is going out on October 29`h and due back by November Mill.
The Ding Street sidewalk project is progressing well and is scheduled for completion before
Thanksgiving. The traffic light at High/Ridge Street should be operating within the next few
weeks.
The Village of Rye Brook staff continues to communicate with the County and other government
agencies to coordinate our emergency service efforts, as well as with other municipalities and the
Red Cross. Mr. Bradbury noted that the designated shelters for our area are Port Chester High
School and Middle School. If residents have any questions the primary public contact phone
number is 914-939-1121, the Village Administrator's office.
Mr. Bradbury stated that Nextel will be doing a mock-up of the 211 Ridge Street site on
November 2"d from noon to November 3`d at 5:00 p.m. The rain date are November 4th through
5ti,
The Fire Trailer roof has been fixed. A contractor is now working on the flooring and shoring up
the trailer. The bids regarding the removal of the building on Ellendale are in. Funds need to be
transferred to make this happen. A request for additional funds for this project will be made at
the next meeting.
28
J
October 23, 2001
A question was raised regarding 23 Hillcrest Avenue, which the Village was in the process of
condemning. Mr. William Gerety, Building Inspector, noted that the property has been sold and
the new owners are renovating the property.
Trustee Santon asked how protection from Anthrax worked in Rye Brook. He noted that Rye
Brook firefighters are the first response unit to the Westchester County Airport, and asked for a
presentation on the protocol for this type of response.
Mr. Bradbury noted that any Anthrax calls go through the local police departments. Our police
officers have been trained in response with regard to questions to ask and what level of response
is needed, and at what point the County must be called in.
Chief Santoro noted that every call that comes in must be evaluated. When it reaches a certain
level/criteria then the Hazardous Material Unit of the Westchester County Police is contacted.
Any expected exposure must be contained. The police department has been provided with
protective equipment. Chief Santoro noted that Rye Brook is not a high-risk area, however,there
are ongoing meetings on this subject and the Village is doing everything they can to protect the
community. Mr. Bradbury noted that there have been no confirmed cases of Anthrax reported in
Westchester County. The question of the fire fighter's response with regard to the Airport would
have to be researched and will be responded to at a future meeting. Trustee Santon also asked
Mr. Bradbury for an update at the next meeting of all procedures that are in place.
Trustee Santon urged the Village to put completion dates in place on all projects, utilizing
penalty clauses. He suggested that this be done for the ball field contract at Pine Ridge Park. He
felt that the Board should be given a timetable for projects so that they can monitor the progress.
Trustee Santon asked why the Blind Brook School was not being designated as a shelter. Mr.
Bradbury stated that he would raise this question, and noted that the schools have to reach out
and then the Red Cross will come in and evaluate them for use as shelters.
Trustee Santon questioned the status of the parking on Ridge Street by the Nursery School. Mr.
Bradbury noted that the school has been given a deadline to stop parking in the area on Ridge
Street.
Trustee Santon asked where the Village stood with regard to code enforcement. He asked for the
status of the small park area near the Rye Ridge Shopping Center, and noted that the driveway is
being used by the adjoining resident for their cars rather than the entrance into the park area. Mr.
Bradbury responded that a fence is currently being installed at the rear by the Village's staff. An
agreement is being drafted by Village Counsel for the use of the driveway.
Mr. Bradbury noted that the Village has been contacting colleges in an attempt to hire an
engineering intern who will assist the Village with environmental issues. He also noted that a
proposal is being prepared to do an engineering study of the Eastern Branch of the Blind Brook
tributary.
29
October 23, 2001
Mayor Filipowski noted that the next Board of Trustee meetings are scheduled for November
13th&November 27`h
There being no further business before the Board, the meeting was adjourned at 11:35 p.m.
Respectfully submitted,
Christopher . Brad
Village Clerk
30