HomeMy WebLinkAbout2000-11-14 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, NOVEMBER 14, 2000-- 7:30 P.M.
6:30 P.M. BOARD OF TRUSTEES WORK SESSION RE: NYS POLICE
PROPOSED TELECOMMUNICATIONS TOWER SITING.
MEMBERS OF THE GENERAL PUBLIC, PTA
REPRESENTATIVES FROM BLIND BROOK SCHOOL AND
PORT CHESTER HIGH SCHOOL, ARE INVITED TO ATTEND
THIS SESSION.
PLEDGE OF ALLEGIANCE ACTION:
RESOLUTIONS:
1. APPOINTMENTS TO AIRPORT ADVISORY COUNCIL
2. APPOINTMENT OF SENIOR OFFICE ASSISTANT -
BUILDING DEPARTMENT
3. APPOINTMENT OF OFFICE ASSISTANT (AUTOMATED
SYSTEMS) -BUILDING DEPARTMENT
4. BELLE FAIR BOND RESOLUTION
5. MINUTES:
OCTOBER 24, 2000
DISCUSSION:
BELLE FAIR MIDDLE INCOME HOUSING UNITS
PROPOSAL
UPDATE:
BOARD OF TRUSTEE LIAISON UPDATE
ANNOUNCEMENT:
1. VISION PLAN MEETING NOVEMBER 16, 2000 AT 7:30 P.M.,
A. J. POSILLIPO CENTER
NEXT TRUSTEES MEETING
NOVEMBER 28,2000 and DECEMBER 12, 2000
Village Hall is fully accessible to the handicapped.
Those who need special arrangements should contact the Village Administrator's Office
ONE WEED IN ADVANCE OF A MEETING at (914) 939-1121.
MINUTES OF A MEETING
_ VILLAGE OF RYE BROOK BOARD OF TRUSTEES
VILLAGE HALL, 938 KING STREET
RYE BROOK, NEW YORK
NOVEMBER 14, 2000
CONVENE MEETING
The meeting was called to order at 7:47 p.m. by Mayor Filipowski in the Meeting Room and the
Pledge of Allegiance followed.
The following members of the Board of Trustees were present:
Mayor Francis L, Filipowski
Trustee Jody Brackman
Trustee Roger Herman
Trustee Lawrence Rand
Excused: Trustee Donald Degling
The following Village staff were present:
Christopher Bradbury, Village Administrator
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Ken Powell, Village Attorney
I Victor Carosi, Village Engineer
Christian Miller, Village Consultant
Robert Santoro, Police Chief
Paula Patafio, Meeting Secretary
Mayor Filipowski began this evening's meeting with the presentation of a Proclamation to Blind
Brook High School student Michael Zinman. Trustee Jody Brackman called Michael up to the
podium to receive the Proclamation. Michael is a member of the Port Chester/Rye Brook Youth
Board. The month of November has been declared Youth Recognition Month, and the Village
supports parents, families and local youth leaders by emphasizing positive youth development and
a promising future for our next generation of leaders.
Mayor Filipowski moved to the agenda and called for the first item under Resolutions.
RESOLUTION:
1. APPOINTMENTS TO AIRPORT ADVISORY COUNCIL
Mr. Bradbury read the following Resolution:
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RESOLUTION
APPOINTMENTS TO THE RYE BROOK
AIRPORT ADVISORY COUNCIL
RESOLVED, that Robert Larick of 18 Bayberry Lane, Rye Brook, New York, is hereby
appointed to the Rye Brook Airport Advisory Council as a voting member for a term to expire on
the first Monday of April, 2003; and it is
FURTHER RESOLVED,that Julian Juster of, 80 Doral Greens Drive W,Rye Brook,New
York is hereby appointed to the Rye Brook Airport Advisory Council as a voting member for a term
to expire on the first Monday of April 2003; and it is
FURTHER RESOLVED,that Roberta Pecora of 16 Arlington Place,Rye Brook,New York
is hereby appointed to the Rye Brook Airport Advisory Council as a voting member for a term to
expire on the first Monday of April 2003; and it is
FURTHER RESOLVED,that Angela Alleva of 44 Avon Circle,Rye Brook,New York is
hereby appointed to the Rye Brook Airport Advisory Council as a voting member for a term to
expire on the first Monday of April 2003.
Trustee Lawrence Rand asked for clarification on the terms of the members of the Airport
Committee. Mr. Bradbury responded that five of the members will be serving three year terms and
four of the members will be serving a two year terms.
On a motion made by Trustee Brackman, and seconded by Trustee Herman, the Resolution was
adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
2. APPOINTMENT TO SENIOROFFICE ASSISTANT—BUILDING DEPARTMENT
Mr. Bradbury read the following Resolution:
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RESOLUTION
APPOINTMENT OF SENIOR OFFICE
ASSISTANT—BUILDING DEPARTMENT
RESOLVED,that Rosemarie D'Ascoli of 2 Haines Boulevard,Port Chester,New York, is
hereby appointed to the position of Office Assistant—Building Department with the Village of Rye
Brook, subject to the Civil Service procedures of the State of New York; and be it
FURTHER RESOLVED, that the annual salary is $35,000 with an effective start date of
November 20, 2000 and a probationary period of twenty-six weeks.
On a motion made by Trustee Rand, and seconded by Trustee Brackman, the Resolution was
adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
3. APPOINTMENT OF OFFICE ASSISTANT (AUTOMATED SYSTEMS) —
BUILDING DEPARTMENT
Mr. Bradbury read the following Resolution:
RESOLUTION
APPOINTMENT OF OFFICE ASSISTANT (AUTOMATED SYSTEMS)
RESOLVED,that Dawn Szczerba of 84 Breckenridge Avenue,Port Chester,New York,is
hereby appointed provisionally to the position of Office Assistant (Automated Systems) with the
Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it
FURTHER RESOLVED, that the annual salary is $30,000 with an effective start date of
November 20, 2000.
On a motion made by Trustee Herman, and seconded by Trustee Brackman, the Resolution was
adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
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4. BELLE FAIR BOND RESOLUTION
Mr. Bradbury read the following Resolution:
RESOLUTION
AUTHORIZING REDUCTION OF THE BELLE FAIR
PERFORMANCE BOND
WHEREAS, The Board of Trustees approved the form and sufficiency of the Belle fair
Home and Land Company performance Bond on June 23, 1998 in the amount ofNine million,nine
hundred and five thousand, two hundred and thirty dollars ($9,905,230) guaranteeing the
infrastructure improvements, required by the Highpoint Village (now Belle fair) Resolution; and
WHEREAS, a majority of the infrastructure improvements required by the approved
construction documents have been completed to the satisfaction of the Village Engineer,
NOW, THEREFORE, BE IT HEREBY RESOLVED, the Board of Trustees, in
accordance with §219-22 B(2) approves a reduction in the amount of Seven million, five hundred
fifty three thousand, nine hundred twenty two dollars and fifty cents ($7,553,922.50) representing
a reduction of approximately 75% of the original performance bond amount to a value of two
million, three hundred fifty one thousand, three hundred and seven dollars and fifty cents
($2,351,307.50).
Mr. Victor Carosi noted that he has been working with Belle Fair, first on approving the bond and
now on reducing it. To date, at least 70-75%of the work on the infrastructure has been completed.
At this point it is felt that it is justified to recognize the amount of construction that has been done
by reducing the amount of the bond and seeking a reduction. The remaining retained bond will be
enough money for the Village to have the confidence that the remaining infrastructure will be
completed to their satisfaction;25%of the bond money will be held. Mr. Carosi noted that the water
system has been completed, accepted and certified by the county, as has the sewer system and the
roadways.
Trustee Brackman asked if 25%is sufficient. Mr. Carosi stated that it is approximately$2 V2 million
and the professional staff of Rye Brook and their consultants felt that this was appropriate.
Mayor Filipowski called for comments from members of the public. Mrs. Carol McGiever of
Heather Lane, Ding Merritt in Greenwich, Connecticut, addressed the Board. She noted that she
has been discussing an issue regarding the wetlands with the Environmental Agency of Greenwich,
and with the Rye Brook Building Department. King Merritt is downstream from the Belle Fair
development. She stated that the pond behind her home has suffered an adverse change as a result
of the construction at Belle Fair. During heavy rains the pond is now a golden brown color. This
pond drains into the Toll Gate Pond at Riversville Road, which ends up in the Mill's waterfall and,
ultimately, the sound. This is an erosion problem that needs to be addressed.
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Mr. Carosi advised the Board that his department is actively working with Greenwich,investigating
this potential problem. Mr. Mike Chambers, of the Greenwich Wetland Agency, is working with
Rye Brook to try and determine what is causing the problem and what actions might be needed if it
is determined that the sediment is coming from Belle Fair. Mayor Filipowski asked that Mr. Carosi
report back to the Board regarding the source of the problem. He also asked that this item be placed
on the agenda for the first Board of Trustee meeting in December.
There being no further discussion on this topic, Mayor Filipowski asked for a motion.
On a motion made by Trustee Rand, and seconded by Trustee Herman,the Resolution was adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
5. MINUTES:
OCTOBER 24, 2000
Several minor corrections were made to the minutes by the Trustees and Mayor Filipowski.
Mr. Bradbury stated that these corrections will be reflected in the record.
On a motion made by Trustee Brackman, and seconded by Trustee Herman, the Minutes
were adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
Mayor Filipowski noted that although the next item was not on the agenda he had requested that it
be heard at this meeting.
6. MODEL PLAN TO PLANNING BOARD FOR COMMENTS
Mr. Bradbury read the following Resolution:
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RESOLUTION
REFERRING THE PROPOSED
MODEL PLAN OF THE TOWN OF RYE
FOR CRAWFORD PARK
TO THE PLANNING BOARD FOR COMMENT
RESOLVED, that the proposed Model Plan of the Town of Rye for Crawford Park is
referred to the Planning Board for such comment(s) as the Planning Board deems appropriate; and
it is further
RESOLVED, that the Planning Board is requested to furnish its comment(s) in time to
enable the Board of Trustees to transmit them to the Town of Rye.
Mr. Dean Santon of Hillandale Road noted that the fourth and final public hearing on the Crawford
Park Memorial is scheduled for November 15`h. It will then be placed on their agenda, and at that
time they will be voting on it. Mayor Filipowski stated that he has spoken with Supervisor Morabito
and they will be deferring their vote, which will allow the Planning Board sufficient time to submit
their comments. The next Planning Board meeting is scheduled for December 1401
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Mr.Christian Miller noted that the Resolution should include the fact that this issue is time sensitive.
Mr.Bradbury amended the Resolution to read: FURTHER RESOLVED, that the Planning Board
is requested to discuss this item on their agenda of December 14, 2000 and furnish its comment(s)
by December 19, 2000 to enable the Board of Trustees enough time to transmit them to the Town
of Rye.
On a motion made by Trustee Herman, and seconded by Trustee Brackman, the Resolution was
adopted.
TRUSTEE BRACKMAN VOTING AYE
TRUSTEE HERMAN VOTING AYE
TRUSTEE RAND VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
Mayor Filipowski then moved to the Discussion portion of the Agenda.
DISCUSSION:
BELLE FAIR MIDDLE INCOME HOUSING UNITS PROPOSAL.
Mr.Neil DeLuca,representative for Belle Fair,addressed the Board. When the last presentation was
made before the Board of Trustees the applicant sensed that the Board felt that the selling price of
$240,000 was too high for medium income. After much discussion they have they have decided not
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to reduce their costs and specifications (exterior or interior), but to reduce the selling price to
$198,900.00. This would make it affordable for the employees of the Village.This would mean that
someone could make, at a minimum, $70,500 and be able to afford this property. Mr. Miller noted
that the purchase price, interest rate, household insurance, H.O.A. dues are all included in the
affordability of the units.
In addition, Mr. DeLuca noted that the units now have a larger liveable square footage for the first
and second floors. The architect has been able to increase the square footage of eight of the twelve
units by adding a 110 square foot room. This brings the total square footage to 1646 and 1546,
respectively, for the units. They continue to have a one-car garage and one outdoor parking space
(in the driveway). The most recent plans will go before the Architectural Review Board on
November 15, 2000. Mr. Miller requested a copy of the floor plans for his review, to which Mr.
DeLuca respond that he would gladly comply with his request.
Mr.Ken Powell,Village Attorney,and Mr. Christopher Bradbury,Village Administrator,discussed
the issue of resale and who assumes the responsibility for monitoring the sales at that point. The
initial sales price should be incorporated into the covenant. It was also noted that the initial sale will
be by Belle Fair. There needs to be a mechanism in the covenant to indicate the resale price, the
category of individuals that should be able to purchase the units, as well as the income. An entity
must be designated. Trustee Herman felt that the same category of people should be considered at
the time of the resale as will be for the original sale. Mr. Powell felt that the Home Owners
Association was not the correct vehicle as their interest would be to keep the resale prices as high
as possible.
Mr.Miller stated that the initial sale is much easier than the re-sale willbe. Although the individuals
who initially purchase the units have had the benefit of living in a home that is below market, at the
time of resale they are burdened by the process. They will need to conduct a lottery, consider an
allocation of the unit based on a priority system,and remember that they will not be allowed to make
a windfall profit. At that point their interest will be to sell the unit and move on. Restrictions on the
process could be imposed so that the resale is handled properly. This Board, as well as the prior
Board, has discussed being responsible for the resale but the decision was made that they were not
looking to become part of the housing business. Mr. Miller will be working with the Village
Administrator,putting him in touch with individuals to discuss the process in order to get a comfort
level. This should be completed by the next Board of Trustees meeting.
Mr. DeLuca informed the Board that Spectrum will pick up half of the Home Owner dues for the
first year. Their mortgage broker has also created a plan where there will be no points for the
purchasers to pay. And, finally, Spectrum will also pick up almost all of the origination fees.
Mr. DeLuca noted Spectrum would like to receive approval to put in the foundations before the first
frost. Mr. Carosi noted that his Department has reviewed the plans and he felt that this was a
reasonable request. Mr. Miller agreed that this would be in everyone's best interest. Mr. Powell
noted that all the risks with laying the foundations without approvals would be Spectrums.
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Mayor Filipowski stated that at the last Board of Trustee meeting he had asked that the Trustees
make presentations with regard to the Boards for which they are liaisons. This evening Trustee
Brackman and Trustee Herman were asked for updates.
UPDATE:
Trustee Brackman's first presentation was on issues relating to the Blind Brook School. She noted
that the bridge that was anticipated to be opened on Monday was actually opened on Friday night.
Also noted was that the new driveway at the high school was opened. This driveway will improve
the flow of traffic in that area. Trustee Brackman then made several announcements regarding
upcoming school activities. She noted that the school will be holding a"Midnight Madness". This
includes a basketball game between high school players and faculty and will begin at 9:30 on Friday
evening. Also scheduled for the weekend was a musical. With regard to sports, she noted that the
high school is starting a fencing team and that the Boys' soccer team is doing very well.
Next Trustee Brackman offered a presentation on the Recreation Commission. They are working
very hard researching and preparing information regarding the proposed Teen Center. At this point
the Commission is not very optimistic about using the house for the Teen Center,but as they are still
working on this issue it is difficult to make a final report. The next recreation discussed was the
ballfield to be located at Red Roof Park. She noted that fencing was responsible for a lengthy
discussion and, ultimately, the Committee felt that it was necessary to provide a fence around the
perimeter of the park, as well as considering an outfield fence in keeping with the desire to create
a Little League Field. Mr. Carosi noted that a green light has been given for the ballfield. He is now
in the process of preparing a memo for the Board so that the contract documents can be drawn up
within the next 30 days. The next step would be putting the job out to bid. This project is moving
forward.
Trustee Brackman also noted that three students from the high school made a presentation to the
Recreation Commission asking them to consider recommending to the Board of Trustees that a Skate
Park be built within the Village. They had done extensive research and made an excellent
presentation. They submitted a petition with over 300 signatures in support of their request. The
Recreation Commission is currently reviewing their request, looking at locations, and will be
referring this issue to the Board of Trustees.
Trustee Herman gave a brief presentation on the Hutchinson River Tree Replanting Committee. He
stated that final plans were reviewed and noted that the State has made a reasonable effort to
accommodate the residents who reside along the parkway and everyone that uses the Hutch. The
planting is scheduled to start in the backyards along the Hutch in the Spring of 2001 (March and
April). The planting along the parkway will begin in the Fall of 2001. Also discussed at a recent
meeting was the addition of a wooden fence along Ridge Street and the planting of a berm close to
the intersection of Ridge and King Street. The Committee will continue monitoring these issues.
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Trustee Herman's next presentation was on the Environmental Council. This Council has just
completed their review of the hotel site on King Street. At their next meeting they will discuss their
view of this assignment and the Village's Vision Plan.
Mayor Filipowski moved to the Announcement portion of the Agenda.
ANNOUNCEMENT:
1. VISION PLAN MEETING NOVEMBER 16, 2000 AT 7:30 P.M., A.J. POSILLIPO
CENTER
Mayor Filipowski noted that the next Board of Trustees' Meeting will be held on November 28,
2000 and December 12, 2000.
It was noted that a meeting was held earlier this evening concerning the issue of the Cell Tower.
Many residents supported the concept of trying to prohibit the State from installing a 150' Cell
Tower. The Village will continue their work on this issue.
Mr. Santon addressed the Board again. He informed the Board that he attended a breakfast at Port
Chester Middle School honoring the Youth of our community. He asked that an update on this
program be made at the next Board of Trustee meeting. He also asked for information regarding the
street sweeper that the Village is in the process ofpurchasing. Finally,he suggested that the Trustees
post their updates on the Committees which they serve as liaisons on the website and the government
access channel.
There being no further business before the Board, the meeting was adjourned at 9:15 p.m.
Respectfully submitted,
( t J/—r
Christopher Bradbury
Village Administrator
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