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HomeMy WebLinkAbout2001-11-13 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING i VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,NOVEMBER 13, 2001—7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE RESOLUTIONS 1. Referring AT&T Wireless Special Use Permit and Site Plan Application for 900 King Street Section 1, Block 1, Lot 6 to the Planning Board and Telecommunications Commission. 2. Referring Application to Modify the Site Plan Approval and the Special Permit for the Grant Street Senior Housing LLP to the Planning Board of the Village of Rye Brook. 3. Referring Application to Modify the Site Plan Approval and Special Permit for 62 Bowman Avenue to the Planning Board of the Village of Rye Brook. 4. Calling for a Public Hearing on Nextel Special Permit and Site Plan Application to Construct Attached Wireless Telecommunications Facility at 211 South Ridge Street. 5. Authorizing Community Development Block Grant Funds for Sidewalk Replacement Projects on Ridge Street and Garibaldi Place. 6. Appointment of Police Officer. 7. Authorization to approve the Schedule of Bills Payable. 8. Approval of Flexible Spending Plan Limits. 9. Designating Offices to be Filled and Terms Thereof for the 2002 Village Election. DISCUSSION 1. BelleFair Site Plan and Subdivision Approvals. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC 1 r CONVENE: The meeting of the Board of Trustees was called to order at 7:30 p.m. by Mayor Filipowski, and the Pledge of Allegiance followed. PRESENT: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald Degling Trustee Dean Santon Trustee Lawrence A. Rand STAFF: Christopher Bradbury, Village Administrator Ingrid Bent, Assist. to the Village Administrator Ed Beane, Village Attorney David S. Kvinge, RLA, AICP, Village Consultant Robert Santoro, Police Chief Victor Carosi, Village Engineer William Gerety, Building Inspector Paula Patafio, Meeting Secretary Mayor Filipowski asked everyone to stand for a moment of silence for the victims of the recent airline crash. Mayor Filipowski moved to the agenda, and asked that item#6 be taken out of order. 6. APPOINTMENT OF POLICE OFFICER Mr. Bradbury read,the following Resolution: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED, that Desmond Begley, of 129 East 233d Street, Bronx, New York, is hereby appointed to the position of Police Officer 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 $33,061 with an effective start date of November 19, 2001 and a probationary period of twenty-six(26)weeks. Chief Robert Santoro introduced Rye Brook's 28`"Police Officer, Desmond Begley. 2 I On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski returned to the agenda, calling for item#1. RESOLUTIONS: 1. REFERRING AT&T WIRELESS SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR 900 KING STREET, SECTION 1, BLOCK 1, LOT 6 TO THE PLANNING BOARD AND TELECOMMUNICATIONS COMMISSION. Mr. Bradbury read the following Resolution: RESOLUTION REFERRING AT&T WIRELESS SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR 900 KING STREET SECTION 1, BLOCK 1, LOT 6 TO THE PLANNING BOARD AND TELECOMMUNICATIONS COMMISSION WHEREAS, AT&T Wireless has made an application to the Village of Rye Brook requesting Special Use Permit and Site Plan approval for the construction of a wireless telecommunications facility on the roof of the existing building at the property located at 900 King Street, within the Planned Use Development District; IT IS HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees declares itself Lead Agency for the project; and IT IS FUTHER RESOLVED, that the subject application is referred to the Village Planning Board and Telecommunications Commission for a report and recommendation; and be it further IT IS FUTHER RESOLVED, that the law firm of Sive, Paget & Riesel is authorized to act as legal counsel for said application; and be it further IT IS FUTHER RESOLVED, that the engineering firm of Lawler, Matusky and Skelly is hereby authorized to act as the engineering consultant for said application; and be it further 3 i IT IS FUTHER RESOLVED, that the Applicant shall deposit twenty thousand dollars ($20,000) into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the cost of review of this application. A motion was made by Trustee Brackman, and seconded by Trustee Degling, in order to open discussion of this application. Anthony Gioffre, Esq., of law firm Cuddy Fodder & Worby, addressed the Board as representative for AT&T Wireless. He noted that the applicant is aware of the Village's concern regarding the visual impacts. As a result, the applicant is looking for feedback from the Village. At this time AT&T is respectfully requesting that this item be referred to the Planning Board and Telecommunications Commission, as well as Village staff and residents for comments. The applicant is looking forward to working with the Village and its planners to come up with a design that is acceptable to everyone. Mayor Filipowski questioned whether or not the Resolution before the Board needed to be amended. Mr. Beane responded that the Resolution as read is acceptable. Trustee Larry Rand felt that there were certain matters regarding 900 King Street that the Board needed to resolve before the application could be addressed. He noted that, in his opinion, additional amendments needed to be made to the Village's Telecommunications Law. Therefore, he asked that this application not be rushed through. Trustee Dean Santon noted that he also had issues with 900 King Street. This application comes on the heels of the Sprint application. During that application review several inconsistencies were noted regarding the site. He was disturbed that the application was placed on the agenda of the Board of Trustees before the underlying zoning issues have been addressed. AT&T is proposing an 18' installation to be installed upon a proposed 12' x 28' x 13' 4" high equipment building. This rooftop structure, which is essentially another penthouse, will increase the height of the already non-conforming building. He felt that there were too many outstanding issues that needed to be addressed to consider taking action on this application. He reminded the Board that it was their job to protect the residents. Hillary Silver, a resident of the Arbors, addressed the Board. She asked what the 250 contiguous residents could do to prevent this. She stated that the Arbors were, "just not going to allow this to happen." Mayor Filipowski noted that the Resolution before the Board was simply a referral to the Planning Board to evaluate what is proposed. The Board is aware of the concerns of the residents of the Arbors. Dee Dee Mitchell of the Arbors addressed the Board. She questioned a recent amendment to the Telecommunications Law. She asked whether or not this amendment prohibited additional antenna of any kind in a P.U.D. that contained a residential community. She noted that when the first application was made by Sprint the residents of the Arbors asked that other wireless telecommunication companies not be allowed access to property. The residents do not wish to have an antenna sitting so close to their homes, and fear that the top of this roof could potentially end up looking like the rooftop of United Hospital. 4 Mr. Beane reminded the Board that he has recused himself from this application. He did state, however, that the problem in dealing with Telecommunications Companies is that there are several statutes which supercede ordinances. The Village must act within the umbrella and never say that they will not allow any towers in the community. The Resolution before the Board is a referral and not an approval. The fact that something is referred does not mean that anyone is in favor. What it means is that there are certain preliminary steps that must be taken as a matter of course, whether or not the project is approved or disapproved. The applicant must be given the opportunity to present its case. Trustee Brackman responded that the recent Amendment to the Telecommunication Law was to make it clear that visual impacts were a basis to deny an application. Simply put, adverse visual impacts upon the community are grounds for denial of an application. The Village is concerned about proliferation of cell tower antenna. The referral to the Planning Board starts the process. The Planning Board will look at the visual impact, thoroughly research the matter, and then make a referral to the Board of Trustees. Mr. Bradbury noted that the applicant legally has the right to go through the process. He also reminded the residents of the Arbors that a public hearing will be scheduled, after the referral from the Planning Board, in order to obtain comments from the public on this application. Mr. Beane agreed that as the application progresses through the process, members of the public will have the right to express their opposition. Mr. David Kvinge, Village Consultant, addressed the Board. He offered a summary of where the Planning Board is with the Telecommunications Law and the referral. He stated that that at the last meeting of the Planning Board the Telecommunications Law was discussed. They requested more definitive explanations from Special Counsel and the office of Frederick P. Clark. The Planning Board will have this information prior the December meeting. Trustee Rand felt that it was incorrect to pass down to the advisory committees certain issues that the Board of Trustees is not yet prepared to address. There is an issue with the P.U.D, which needs to be resolved before another Board can be asked to comment on this application. The amendment to the Telecommunications Law is a good first step, but there are other steps that need to be taken. He asked that the additional amendments needed to strengthen the Board of Trustee's position be made prior to referring this application to the Planning Board. Trustee Degling noted that the Planning Board and the Telecommunications Committee will be exploring the matter of alternative sites. He pointed out that Nextel is considering alternative sites, and he encouraged AT&T to do the same. Trustee Santon once again stated that this building is a non-conforming building and this application will further expand this non-conformity. In addition, he felt that the P.U.D. districts should be removed from the zoning districts that are permitted to have these types of facilities, and pointed out that this matter is currently before the Planning Board. He asked that this item be taken off the table until the underlying issues were addressed. Trustee Degling noted that the Board has received two independent legal opinions that stated that this special use request could go forward without regard to whether or not the building is in conformance to the code. Special Counsel has noted that the Village could remove the P.U.D. 5 from the permitted districts, but it would not accomplish anything because the applicant could then seek a special use variance from the Zoning Board. Mr. GiofTre was given the opportunity to respond to the concerns of the residents, and Trustee Santon. He renewed the applicant's request that this application be referred to the Planning Board, and that this application be handled without any delay tactics. Trustee Santon felt that going for a Variance before the Zoning Board of Appeals did not guarantee approval. The Board of Trustees, and its advisory Board — the Planning Board —would still have to review the special permit application. No entity other than the Board of Trustees would be the entity to grant a special use permit. Mayor Filipowski pointed out that the Planning Board meeting is a matter of public record. On a motion made by Trustee Rand, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING NAY TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI VOTING AYE 2. REFERRING APPLICATION TO MODIFY THE SITE PLAN APPROVAL AND THE SPECIAL PERMIT FOR THE GRANT STREET SENIOR HOUSING LLP TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the following Resolution: RESOLUTION REFERRING APPLICATION TO MODIFY THE SITE PLAN APPROVAL AND THE SPECIAL PERMIT FOR THE GRANT STREET SENIOR HOUSING TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, Louis Larizza has made an application to the Village of Rye Brook requesting an amendment to the Site Plan Approval and to the Special Permit granted to the property known as Grant Street Senior Housing, Tax Parcel Section No. 1, Block 28, Lot 9, located at Grant Street, Rye Brook, New York, in an R-217 Two-Family Residential Zoning District for the addition of six (6) new affordable single bedroom units for seniors; 6 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself Lead Agency for the review of the subject application; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Planning Board, the Planning Consultant and the Traffic Commission of the Village of Rye Brook for a report and recommendation; and BE IT FURTHER RESOLVED, that the subject application be referred, by the Planning Consultant of the Village of Rye Brook, to the Planning Board of Westchester County for its review and comment; and BE IT FURTHER RESOLVED, that Village of Rye Brook shall give the Village of Port Chester notice of the subject application and an opportunity to review and comment on it; and BE IT FURTHER RESOLVED, that the applicant, Louis Larizza, shall deposit the sum of $5,000.00, and such additional amounts as may be requested, in the Village of Rye Brook environmental review/professional fees escrow account to defray the cost of the review of the application. Mayor Filipowski asked for discussion on this matter. Trustee Santon noted that he has requested that the Village Administrator supply the background information on this project. He understood that the six units were originally applied for and were removed for several reasons, including the impact to the community, traffic impacts, and the proximity of the Rye Brook/Port Chester property line. He also mentioned a conflict between surveys. It was his opinion that before six more units could be placed on this site, the boundaries must be clarified. Mr. Bradbury noted that the applicant has submitted information indicating that the property on which the additional units are proposed to be constructed is entirely within the Village of Rye Brook. In addition, the confusion regarding the property lines has been resolved. At this time the Village is collecting the background information. At this time is appropriate for the Board of Trustees to discuss this project, and to refer it to the Planning Board. Mr. Kvinge provided an update with regard to the research of this project. He noted that he found a sketch in an old file, and presented this sketch to the Board. Mr. Kvinge noted that this sketch showed 15 buildings — a total of 30 units. In comparing this sketch plan to the one that became the formal application, it appears that all of the buildings were pushed to be within the presumed boundary of the Village of Rye Brook. He noted that he did not find any indication that there were significant traffic issues. Mr. Kvinge noted that traffic will be addressed during the review process of the current application, as will visual impacts. He noted that the questions regarding the Village boundaries were resolved prior to the original approval. Trustee Brackman felt that the Planning Board, as a very knowledgeable advisory Board, should be allowed to review this application and offer its opinion. Trustee Santon requested an as built survey, prepared by a licensed surveyor. Mr. Kvinge noted that the 26-unit sketch is an as built sketch. Mr. Bradbury noted that the application before the Board included a survey, from a licensed surveyor, indicating the property line. Trustee Santon 7 stated that he did not want this application referred to the Planning Board until all information was before the Board. A request was made to defer this matter in order to allow Mrs. Bent-Richards time to locate the survey. Mayor Filipowski moved to the next item on the agenda: 3. REFERRING APPLICATION TO MODIFY THE SITE PLAN APPROVAL AND THE SPECIAL PERMIT FOR 62 BOWMAN AVENUE TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the following Resolution. RESOLUTION REFERRING APPLICATION TO MODIFY THE SITE PLAN APPROVAL AND THE SPECIAL PERMIT FOR 62 BOWMAN AVENUE TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, Myung-Ho Lee has made an application to the Village of Rye Brook requesting an amendment to the Site Plan Approval and to the Special Permit granted to the property known as 62 Bowman Avenue, Tax Parcel Section No. 1, Block 23, Lot 4, located in Rye Brook, New York, in an R-2F Two-Family Residential Zoning District for construction of a two (2) story addition for expanded use of professional office space. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declare$ itself Lead Agency for the review of the subject application; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the subject application to the Planning Board, the Planning Consultant and the Traffic Commission of the Village of Rye Brook for a report and recommendation; and BE IT FURTHER RESOLVED, that the subject application be referred, by the Planning Consultant of the Village of Rye Brook, to the Planning Board of Westchester County for its review and comment; and BE IT FURTHER RESOLVED, that Village of Rye Brook shall give the Village of Port Chester notice of the subject application and an opportunity to review it and comment on it; and BE IT FURTHER RESOLVED, that the Applicant will notify all residents within five hundred (500) feet of the subject property of this application; and BE IT FURTHER RESOLVED, that the applicant, Dr. Myung-Ho Lee, shall deposit the sum of$3,000.00, and such additional amounts as may be requested, in the Village of Rye Brook 8 environmental review/professional fees escrow account to defray the cost of the review of the application. Trustee Degling noted that the prior Resolution in connection to this application was attached to the application. He was concerned with the size of the proposed construction as it doubled the size of the original structure. He asked that the Planning Board review this application. Trustee Santon wanted to make sure that the neighbors were notified. As this application would double the size of this facility, it would change the character of the neighborhood and the streetscape of this residential area. Mr. Bradbury noted that residents within 200' will be noticed. Mayor Filipowski asked that the notification area be expanded, and he suggested 500' in order to cover all of the residents of Osborne Place. Mr. Beane stated that this recommendation could be inserted into the Resolution as an additional further resolved clause. On a motion made by Trustee Rand, and seconded by Trustee Brackman the Resolution was adopted as amended. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the continuation of item#2: 2 REFERRING APPLICATION TO MODIFY THE SITE PLAN APPROVAL AND THE SPECIAL PERMIT FOR THE GRANT STREET SENIOR HOUSING LLP TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Trustee Santon was provided with the survey. He agreed that the property line was not an issue. On a motion made by Trustee Degling, and seconded by Trustee Brackman the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9 4. CALLING FOR A PUBLIC HEARING ON NEXTEL SPECIAL PERMIT AND SITE PLAN APPLICATION TO CONSTRUCT ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 211 SOUTH RIDGE STREET. Mr. Bradbury read the following Resolution: RESOLUTION CALLING FOR A PUBLIC HEARING ON NEXTEL SPECIAL PERMIT AND SITE PLAN APPLICATION TO CONSTRUCT ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 211 SOUTH RIDGE STREET RESOLVED, that a public hearing will be held by the Board of Trustees on November 27, 2001 at 7:30 p.m. at Rye Brook Village Hall, 938 King Street, Rye Brook, New York on the application of Nextel for a special permit and site plan approval to construct an attached wireless telecommunications facility at 211 South Ridge Street, Rye Brook,New York; and it is FURTHER RESOLVED, that the Village Clerk shall cause notice of the public hearing to be published and circulated as provided by law. On a motion made by Trustee Brackman, and seconded by Trustee Degling the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILH'OWSKI VOTING AYE 5. AUTHORIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR SIDEWALK REPLACEMENT PROJECTS ON RIDGE STREET AND GARIBALDI PLACE Mr. Bradbury read the following Resolution: 10 RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR SIDEWALK REPLACEMENT PROJECTS ON RIDGE STREET AND GARIBALDI PLACE RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with the County of Westchester for sidewalk replacement projects on Ridge Street and Garibaldi Place in the Village of Rye Brook under which the Village will be compensated $180,000 for the above mentioned projects, and it is further RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution. Trustee Degling noted that he was a little uncomfortable with this Resolution, as he is with many County contracts. He questioned the amount allocated. Mr. Bradbury noted that this project is being designed by Westchester County and their design staff, and it has been estimated at $325,813. It is important to note that no matter what the bid is, the County will put in up to $180,000. The Village will be contributing approximately$155,813. Trustee Santon stated that he did not have an opportunity to review the bid documents, nor was he sure of what the terms of the bid documents were. He felt that this type of contract should have a deadline or a completion date, asked for a delay on the Resolution until he could review these documents. Mr. Bradbury explained the process and noted that Westchester County prepares all of the documents and presents them to the Village. Mr. Bradbury felt that this application should be moved forward. Trustee Degling noted that there was no point in delaying this vote. This is the way that business is done with the County, and there is no point in trying to fight it. Trustee Brackman stated that this project has been on the table for many years. This grant money was a long time coming. She also noted that this Grant is dependent upon the Village putting up the rest of the money. She felt that there should be no delay in moving this project forward. Mr. Bradbury noted that this contract has been reviewed and approved by Village Counsel. Mr. Beane noted that counsel did request changes to the contract and they were told that it would take months to have these changes considered. This contract was approved as this Grant will benefit the Village. Mayor Filipowski asked Mr. Bradbury, as an expert and as the Village's Administrator, if he was comfortable with this contract. Mr. Bradbury stated that he was. On a motion made by Trustee Brackman, and seconded by Trustee Degling the Resolution was adopted. 11 TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FI IPOWSKI VOTING AYE 7. AUTHORIZATION TO APPROVE THE SCHEDULE OF BILLS PAYABLE Mr. Bradbury read the following Resolution: RESOLUTION AUTHORIZATION TO APPROVE THE SCHEDULE OF BILLS PAYABLE WHEREAS, the enclosed Schedule of Bills Payable representing payment for services rendered, have been submitted to the Treasurer's 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. Trustee Santon felt that the Keane & Beane bills were high, and they were beyond the normal monthly amount. He was especially concerned with matters connected with Red Roof Farm. Mr. Bradbury reminded Trustee Santon that he was looking at fees that were attached to litigation. Mr. Beane responded, referring the Board to his Retainer Agreement. He pointed out that there were two specific litigations that were in progress when his firm became the Village's counsel. Mr. Beane noted that there were several conversations with prior Village Counsel regarding litigation. There was an insurance policy in place which paid these fees. The prior Village Attorney, Mr. Ken Powell, billed the insurance company directly. This policy, however, was exhausted before the firm of Keane&Beane was retained. Not satisfied with Mr. Beane's response, Trustee Santon requested that the Village Administrator review this matter and provide him with an explanation. Next Trustee Santon addressed the fees paid in connection with, Mebco, the Village Health Insurance provider. He asked for an overview on an annual basis. He also questioned the tipping fees for rubbish removal. He asked for a discussion on green waste and Suburban Carting at the end of the meeting. Mr. Bradbury agreed to provide Trustee Santon with additional information on these matters. 12 On a motion made by Trustee Brackman, and seconded by Trustee Degling the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI VOTING AYE 8. APPROVAL OF FLEXIBLE SPENDING PLAN LIMITS Mr. Bradbury read the following Resolution: RESOLUTION ESTABLISHING SPENDING LIMIT FOR VILLAGE OF RYE BROOK EMPLOYEES FLEXIBLE SPENDING ACCOUNT WHEREAS, the Village of Rye Brook is offering eligible full-time Employees the voluntary benefit known as the Section 125 Flexible Benefits Plan beginning January 1, 2002; and WHEREAS, under the Section 125 Flexible Benefits Plan, the Employer must establish a maximum contribution limit to the medical expense reimbursement account and the dependent care reimbursement account. NOW THEREFORE, BE IT RESOLVED, that each Employee of the Village of Rye Brook voluntarily participating in the Section 125 Flexible Spending Account may contribute a maximum of One Thousand and No/100 ($1,000.00) Dollars to a medical expense reimbursement account and a maximum of Five Thousand and No/100 ($5,000.00) Dollars to a dependent care reimbursement account. On a motion made by Trustee Rand, and seconded by Trustee Degling the Resolution was adopted: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 13 9. DESIGNATING OFFICES TO BE FILLED AND TERMS THEREOF FOR THE 2002 VILLAGE ELECTION Mr. Bradbury read the following Resolution: RESOLUTION DESIGNATING OFFICES TO BE FILLED AND TERMS THEREOF FOR THE 2002 VILLAGE ELECTION WHEREAS, pursuant to Section 15-104, Sub 3 (a) of the Election Law, the Village Clerk shall, at least four months prior to the General Village Election, publish a notice designating the offices and the terms thereof to be filled at the Village Election to be held on March 19, 2002. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes that the following Public Notice be posted and published in the Official Newspapers of the Village of Rye Brook, as follows: PUBLIC NOTICE PLEASE TAKE NOTICE, that the next General Election in the Village of Rye Brook is to be held on Tuesday, March 19, 2002; and PLEASE TAKE FURTHER NOTICE, that the offices to be filled are: Mayor for a two- year term of office commencing at noon on the first Monday in April 2002, and concluding on the first Monday in April 2004 and two (2) Trustees for a two-year term of office commencing at noon on the first Monday in April, 2002, and concluding on the first Monday in April 2004. By Order of the Board of Trustees Village of Rye Brook,New York Christopher J. Bradbury, Village Clerk Trustee Rand discussed the matter of public access guidelines and asked that the Village work to make sure that this is in place before the next election. Mayor Filipowski asked that the Telecommunications Commission be notified, and asked that a Work Session be held before the Board of Trustee meeting. On a motion made by Trustee Brackman and seconded by Trustee Degling the Resolution was adopted. 14 TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for a brief recess before addressing the Discussion portion of the agenda. Upon the Board's return, Mayor Filipowski called for item#l. DISCUSSION: 1. BELLEFAIR SITE PLAN AND SUBDIVISION APPROVALS This presentation was made as an explanation of events that took place in connection with site plan and subdivision approvals for the Bellefair P.U.D. subdivision. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that this matter refers to the Bellefair, also known as the High Point, P.U.D. subdivision and detailed site plan approval, as well as the retail special use permit and the wetlands approval. Mr. Carosi reviewed the project, and a Resolution from January 27, 1998. He noted that the Bellefair project went through an extensive review process, within the Village, and through the Village's Consultants. An engineering consultant, Leonard Jackson & Associates, was also involved in the process. Together the consultants and the Village worked closely with the developer. In January of 1998 the Board passed a ten page Resolution allowing this project to go forward. However, in January of 1998 the plan was not a final plan in the eyes of the consultants. The P.U.D. concept was agreed to — a mixed use development with a residential portion, a special use permit for the retail portion, a senior living facility portion, the roadways. There were, however, specific minor details that were not finalized. There were a lot of very small grading issues and the consultants had additional decisions to make. There were also other technical questions that the Trustees did not need to be concerned with because the consultants were handling all technical matters. Mr. Carosi noted that a portion of the site was to become a senior living facility. The area designated was, and remains, in the southeast portion of the site — this has been called the senior parcel. Although the developer for the site has changed, the plans have basically remained the same. Mr. Carosi returned to the January 27, 1998 Resolution. He noted that in the Resolved Clauses it was specifically noted that the plat was to be signed upon satisfaction of the Village's Consultants. This Resolution clearly empowered the Mayor to provide the signing of the plat upon satisfaction of the consultants. Mr. Carosi referred to a memorandum from the Village's Consultant, Leonard Jackson & Associates, dated January 20, 1998 in which the senior living facility was discussed. It was noted that additional site plan details were required for review of 15 the proposed senior living facility. The memo discussed the size of the building, the height of the building, how it would be arranged, grading at the entrances, stairs, ramps, access, lighting, landscaping, parking spaces. The Board wanted a senior parcel located within this P.U.D. At the time the developer and Village did not have the opportunity to fully develop the actual engineering nuts and bolts of the senior living portion of the P.U.D. It was decided that work would continue for the next six months. The consultants continued to review the project until June 25, 1998. The final plans were then presented to the Mayor for his signature. Mr. Carosi discussed some of the modifications that were added to the plans on behalf of the Consultants to bring the project to completion, following the requirements of the Resolution. Again, the Resolution stated that the Village's Consultants needed to be satisfied before the Mayor could sign the plans. The Board of Trustees approved the concept of the P.U.D.; the Consultants needed to approve the engineering and technical aspects. It was noted that several months into the project Care Matrix sold out and Forest City Daly became the new owner of the Senior Living Facility. It was at this time that a simple drafting error was pointed out. It was a simple error of a line that was extended further than it should have been. When this simple error was brought to the Village's attention the Building Department brought this error to the Mayor's attention. They asked that a new document be filed to reflect the correction — correcting the property line. The map signed by the Mayor on June 25`1' shows a line that was corrected on the drawing. Nothing was moved; a line was simply corrected. Mr. Carosi stated that the Village, the Building Department, and the Mayor followed procedures. The Mayor signed a plan to make the survey agree with the plans. Mr. Beane reiterated that although the line was moved on the plan, the chiller and employee parking never moved. Simply put, the line was drawn incorrectly and the line needed to be redrawn. This was a drafting error. It was reiterated, once again, that the P.U.D. concept was not changed. Trustee Santon was not convinced that what Mr. Carosi presented was factual. Mayor Filipowski noted that Mr. Carosi was not offering his opinion regarding this matter, but rather was offering facts and proof of the series of events. A motion was made by Trustee Brackman, and seconded by Trustee Degling, to terminate the discussion of this matter as Mr. Carosi had proven, conclusively, that no improprieties had occurred. 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 92 under Discussions: 16 2. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD Mayor Filipowski and Mr. Bradbury reviewed the agenda for the November 27b Board of Trustee meeting. It was noted that the Public Hearing for the Hoffman subdivision, the Public Hearing for Traffic changes, and the Public Hearing on Nextel would be on the agenda. Also on the agenda would be the schedule of bills payable. Mr. Bradbury noted that the agenda is subject to some modifications, if necessary. Mayor Filipowski questioned the subject of road dedication within Bellefair. Mr. Deluca, representative for the Bellefair Home & Land Company, addressed the Board. He noted that the developer has been working diligently and hoped that the Board would consider setting a date for road dedication. It was noted that Mayor Filipowski had a meeting scheduled with the Homeowners Association to go through items that they felt needed to be clarified. Bellefair Home & Land Company has provided the homeowners with a list of items that still are outstanding. Mr. Carosi will be inspecting these items. Mr. Carosi noted that he, and his department, have been working closely with the developer on a punch list. Many of the items have been addressed, i.e.: the public right of way within the Bellefair project, asphalt, storm sewers, curbing, sidewalks, street lights, signage, trees. Trustee Santon requested the complete punch list. He reminded the Board that there was an outstanding renumbering problem that needed to be addressed. This problem is a result of the developer making a change in a curb cut. Mr. Deluca noted that a series of site walks will take place to point out deviations from the proposed site plans. Based upon the recommendations of the Village's Consultants and Engineers, when the punch list is completed, the Bellefair Home & Land Company will request a bond reduction. Until that time the bond will remain in place. Mr. Carosi noted that the curb cuts are within the right-of-way, but this does not effect accepting or not accepting the dedication of the roadways. It appeared that a conclusion was reached where one homeowner changes their address, and one mailbox would be moved. The impact would be minimal to the rest of the homeowners. If this is unacceptable, the second option would be to renumber all of the homes on Reunion. Mr. Bradbury felt that this was a good solution, however, should the homeowners not feel the same, they will be offered an appeals process. Once the problem is solved, and the site walks have taken place, the site plan amendments will be done as one package. Trustee Rand requested the opportunity to direct several questions he had for the Village Administrator and the Police Chief. Trustee Rand addressed the issue of the intersection of High and Ridge Streets. It was noted that the contractor who had been parking on Ridge Street has moved his vehicles. Unfortunately the signal light has not been completed. Mr. Carosi noted that the Village shared the same concerns as Trustee Rand with regard to this intersection. Mr. Bradbury pointed out that the traffic light at the intersection of High Street and Ridge Street is not a Village project but rather a County project. He stated that the State was scheduled to send a report and he would be following up on this matter. 17 Trustee Rand requested the status of the sidewalk work being done on King Street. Mr. Carosi noted that the contractor has been placed on notice. The work must be completed, and the contractor has now been given a timeframe in which to complete this work. If he fails to complete the work within the timeframe a penalty will be assessed. Mr. Bradbury stated that the Village was hopeful that this project would have been completed by Thanksgiving. Mayor Filipowski requested a motion for an Executive Session to be held following the meeting on personnel. On a motion made by Trustee Rand, and seconded by Trustees Degling and Brackman, the Executive Session was scheduled. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Brackman asked that a matter be placed on the agenda of the next Board of Trustee meeting. She noted that she has read the practices in the book that was compiled by Pace University, Law School. She presented the Board with copies to be reviewed. She felt that the model laws on environmental regulations should be adopted by the Village of Rye Brook, and asked that this matter be placed on an agenda for discussion. Mr. Bradbury stated that he would meet with Trustee Brackman to review this matter. Trustee Brackman noted that there were a number of minutes from the Traffic Commission referred to the Board of Trustees that recommended Board action. She asked for the status of these referrals. Mr. Bradbury stated that he would review this matter and prepare a response for the Board. A discussion regarding setting the date for the Board of Trustee meeting for December ensued. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the regular meeting for the Village Board of Trustees was scheduled for December 19, 2001. 18 Mayor Filipowski reminded the Board that a Work Session was scheduled for November 27, 2001 at 6:00 p.m. regarding the Public Access Guidelines. A discussion regarding items for the November 27`" agenda took place. Once the list was completed, a motion to accept the agenda was made by Trustee Brackman, and seconded by Trustee Degling. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Santon questioned the status of the Planning Board's review of the Garden Inn. He was unsure that it was proper process for the Planning Board to have this review and questioned how it was referred to them. Mr. Kvinge reviewed the referral process. It was noted, and confirmed, that this process was absolutely followed. It was noted that the Board of Trustees is the lead agency for this application. Mayor Filipowski noted that the next Board of Trustee meetings were scheduled for November 27, 2001 and December 11, 2001. There being no further business before the Board, the meeting was adjourned at 10:30 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk 19