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HomeMy WebLinkAbout2001-11-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 27, 2001 —7:30 P.M. AGENDA 7:00 pm— Executive Session-Personnel ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC HEARINGS: 1. Considering a Local Law to amend Chapter 240, the Village Vehicle and Traffic Law. 2. Considering the Hoffman 2-Lot Subdivision, Section 1, Block 10, Lot 1A. 3. Considering the Nextel Special Permit and Site Plan Application to Construct an Attached Wireless Telecommunications Facility at 211 South Ridge Street. RESOLUTIONS: 1. Referring a Local Law to Amend Section 250-39 of the Wireless Telecommunication Facilities Law to the Planning Board and the Telecommunications Commission and setting a date for a public hearing. 2. Requesting that the New York State Department of Transportation Reduce the Speed Limit on King Street (Route 120A) from Forty MPH to Thirty MPH. 3. Entering into an agreement with Central Tree Service, Inc. to Permit a Compost Wood Waste Recycling Operation Facility upon Village Property on Lincoln Avenue. 4. Entering into an agreement with Barchella Contracting Co., Inc. to Permit Compost Production Facility on Village Property on Lincoln Avenue. Board of Trustees Meeting November 27,2001 Page 1 of 36 J 5. Awarding Contract Number 01-06 for the Construction of Sidewalks upon Garibaldi Place and Ridge Street. 6. Awarding Contract Number 01-09 for Video and Video Editing Equipment. 7. Retaining Netcom to Install Cable Casting Equipment. 8. Appointment of Parks Attendant. 9. Schedule of Bills Payable. 10.Accepting the Offer of Dedication of Spectrum/Skanska to Dedicate Certain Roads within the BelleFair Subdivision and Calling for a Public Hearing. 11.Referring Model Environmental and Land Use Ordinances for review and comment to the Planning Board and Advisory Council on Environmental Conservation. 12.Rescinding the Site Development Plan Approval For 900 King Street. 13.Approval of Minutes. ■ April 10, 2001 ■ August 22, 2001 ■ October 4, 2001 ■ October 9, 2001 ■ October 23, 2001-special meeting ■ October 23, 2001 ADMINISTRATOR'S REPORT: 1. New York State Follow-up Hutch King Intersections 2. Bids for Bid#01-08 Lincoln Avenue 3. Public Access Guidelines OLD BUSINESS: NEW BUSINESS: 1. Proposed access to and improvements with Elm Hill Park Board of Trustees Meeting November 27,2001 Page 2 of 36 ACTION ON NON-AGENDA MATTERS, SUBJECT TO THE UNANIMOUS CONSENT OF THE TRUSTEES PRESENT AT THE MEETING: Next Trustees Meeting December 11, 2001 and December 19, 2001 Special Meeting, Thursday, November 29, 2001- Public Access Guidelines 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 Lawrence A. Rand Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Ingrid Bent, Assist. to the Village Administrator Mr. Ed Beane, Village Counsel Stephanie Burns, Village Counsel David S. Kvinge, RLA, AICP, Village Consultant Chief Robert Santoro, Police Chief Victor Carosi, Village Engineer William Gerety, Building Inspector Paula Patafio, Meeting Secretary Mayor Filipowski noted that the Village was proud to be honoring two people. He offered his thanks to Mr. Chris MacKay, of the Rye Brook Fire Department, for his assistance in putting together the presentation honoring Rye Brook, Firefighter Craig Magrone and Port Chester/Rye/Rye Brook Ambulance Corp Paramedic John McKinely. The Mayor presented a Certificate of Award for Performance Excellence while engaging in a Life Rescue. Firefighter Magrone and Paramedic McKinely responded on November 4, 2001 at 3:38 p.m. to a serious motor vehicle accident on the Hutchinson River Parkway. Their actions were instrumental in saving a life. Initial reports were of an overturned vehicle with a woman trapped inside. Upon arrival, Firefighter Magrone and Paramedic McKinely put aside their own personal safety and Board of Trustees Meeting November 27,2001 Page 3 of 36 entered the vehicle to begin assessing the woman's life threatening injuries. Paramedic McKinely began to treat the woman while Firefighter Magrone began removing the mangled metal of the car from around the woman using the jaws of life. Thanks to their quick actions, and their true professionalisms, shown by other members of their departments, the woman was removed,from the car in an outstanding and efficient manner and transported to Westchester Medical Center. On behalf of the Village of Rye Brook, and its Emergency Response Personnel, the victim was wished a speedy recovery. Mayor Filipowski called for the first item on the Agenda under the Public Hearings: 1. CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240, THE VILLAGE VEHICLE AND TRAFFIC LAW. Mayor Filipowski opened the Public Hearing in order to start the discussion. Mr. Bradbury noted that these proposed changes have been reviewed by Village's Counsel and the Police Department. Stephanie Burns, Village Counsel, addressed the Board. She reviewed the proposed changes to the Village Vehicle and Traffic Law. A number of stop signs are proposed to be installed and several streets would have one side of the street parking only. It was pointed out that many of the changes are proposed in order to make the Law uniform. These changes are being made in order to give the Police Department control over the traffic flow within the Village. Chief Santoro stated that as a result of these amendments just about every street that intersects with a major artery will now have a stop sign on it. Mr. Bradbury noted that the Traffic Commission has reviewed these proposed changes and they have recommended adoption of the amendments. There being no further comments, Mayor Filipowski asked for a motion to close the Public Hearing. On a motion made by Trustee Rand, and seconded by Trustee Brackman, the Public Hearing was closed. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting November 27,2001 Page 4 of 36 Mayor Filipowski called for the Resolution to Amend the Chapter 240 of the Village Code. Mr. Bradbury read the Resolution: RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE, THE VILLAGE VEHICLES AND TRAFFIC LAW RESOLVED, that the Board of Trustees hereby adopts the annexed local law amending Sections 240-11 and 240-19 of Chapter 240 (Vehicles and Traffic) of the Code of the Village of Rye Brook to add certain stop intersections and parking regulations, which local law is enacted into law as Local Law# 6-2001. On a motion made by Trustee Brackman, and seconded by Trustee Degling the following resolution was adopted: TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. CONSIDERING THE HOFFMAN 2-LOT SUBDIVISION, SECTION 1, BLOCK 10, LOT 1A. Mayor Filipowski noted that the Applicant had requested an adjournment. It was the consensus of the Board that members of the public wishing to address this matter should be given the opportunity. Les Maron, Esq., of Counsel from the law firm of Gioffre and Gioffre addressed the Board. He stated that a letter was submitted to the Board requesting that this matter be adjourned to allow the Applicant, Mr. Peter Hoffman, the time necessary to complete the engineering studies that were requested by the Planning Board. The Applicant is working with the firm of J.A. Kirby, Mr. Victor Carosi, and Village Consultant Dolph Rotfeld on this matter. Mr. Maron stated that the matter could be addressed, but would have to be held over to another meeting when the results of the study would be received and reviewed by the Village's staff and consultants. Board of Trustees Meeting November 27,2001 Page 5 of 36 Mr. Maron also stated that the Planning Board had recommended approval, with conditions regarding drainage. Also to be accomplished was significant tree preservation. Mr. Tom Ahneman of J.A. Kirby Company made a presentation to the Board regarding this Application. His firm was retained by Mr. Hoffman to prepare a subdivision Application for the Beechwood Boulevard lot. He noted that a number of drainage issues have been raised. This area has been called a critical drainage area. The new parcel that has been proposed is not critical to the drainage of the area but rather is the low point in the area. As the low point, it does attract surface water. The Village's staff and consultants feel that this water will be displaced upon development. In response to these concerns, the Applicant has created a detention system — an underground reservoir. Mr. Ahneman felt that it was not worth spending the time reviewing the plan until the Village's Engineer and Consultant had the opportunity to review the plans first. Mayor Filipowski agreed. He also noted that the Planning Board's recommendation for approval was subject to several conditions. This lot is in a critical location, and as such this Application required a very careful review. Mr. Ahneman noted that the critical area in regard to this parcel is in reference to the low point on the lot. This area is lower than the street. Mr. Rotfeld felt that any new grading would displace the water that could sit in this area. In order to counter this displacement, the Applicant is suggesting two collection drains in the two low points on the property. These drains will discharge into a detention system. The water runoff from the new house and drive must be detained, as well as all the water that currently runs to the site. The Applicant believes that there will not be an increase in storm water runoff. In fact, Mr. Ahneman pointed out that the water that floods the street does not come from the Hoffinan parcel. This flooding occurs at a crossroad in the drainage system of the area. Therefore, this parcel is situated right near a very critical location with regard to drainage. The Applicant is proposing to put in a reservoir system and then drain this reservoir system into the catch basin. This system will not increase the quantity of water that will run into the municipal system. There will be no increase in storm water coming from this site. The Applicant has supplied the Village with more utility information, including municipal drainage. Trustee Rand asked if the Applicant felt that with the new plan they would be mitigating the existing drainage problem. Mr. Ahneman responded that they were. The Applicant would be collecting everything that comes to the site now and retaining it on site, sub- surface. No matter what development takes place on that lot, with that under ground reservoir in place they can store all of the site water underground (from a 25 year storm). Trustee Degling noted that there was a water table in this area. He asked where this level was in comparison to the proposed underground storage site. Mr. Ahneman noted that the Board of Trustees Meeting November 27,2001 Page 6 of 36 seasonal ground water table is at 47" below grade. The depth of the detention system, including topsoil and footing stones, is 42 %". They are 4 ''/z" higher than seasonal high ground water. Trustee Brackman stated that the Planning Board mentioned a 100 year storm, but the Applicant refers to a 25-year storm. Mr. Ahneman stated that during rainstorms the intensity fluctuates. The 25-year storm has a specific graph with regard to the variation of the rainfall. A video was presented by a resident during a Planning Board meeting which showed flooding. The intensity of that storm was a 100 year intensity but not for a 100 year timeframe. The 25-year storm roughly has 5" per hour and falls for about ten minutes. A 100-year storm would probably have 7 %" to 8" per hour and falls for about ten minutes. Trustee Santon asked that the Applicant make a full presentation at the continuation of the Public Hearing. He also asked that the Engineering Consultant be asked to attend the next meeting. Trustee Santon stated that the Village's Environmental Council pointed out issues to be addressed, i.e. potential wetland impact. He also noted that he was also concerned with the impact to the character of the community, including visual impacts. Mr. Ahneman stated that the Applicant has completed both deep tests and percolation tests. The results of both tests have been forwarded to the Village's Consultant. He noted that there were no wetlands on this property. Mayor Filipowski turned to members of the public for their comments. Ms. Rebecca Albrecht of 2 Hillandale Road addressed the Board. She pointed out that the Planning Board did have many issues with this Application. Ms. Albrecht stated that she has hired an engineer to address the seven issues that have remained outstanding for more than three months, and has forwarded a memo to the Board. She asked that the County's Soil & Water District be_brought in to review this Application. She felt that it was unfair to adhere to the Applicant's timeframe. The Board of Trustees has the information that they need to vote on this Application and, in her opinion, the Application should not be granted. Hope Sands of 27 Hillandale Road addressed the Board. She presented the Board with a Petition signed by over 80 residents in the neighborhood. She read the Petition for the record, and noted that other Petitions were being circulated. Ms. Sands noted that the Village has made mistakes in regard to subdivision developments in the past several years that have exacerbated existing problems with regards to drainage. The ability of the existing infrastructure to support the development of additional parcels in this area has been questioned. The Hoffinan parcel acts as a catch basin for the Hillandale area. In addition, the Village has adopted a Vision Plan that calls for the preservation of green space. Board of Trustees Meeting November 27,2001 Page 7 of 36 Mrs. Gale Giorgi of 2 Edgewood Drive addressed the Board. She asked the Board to preserve the character of the area. She also pointed out that there is an existing drainage problem in the area. When a heavy rainfall occurs the storm water sits on her front lawn. Mrs. Adrienne Wesley of 26 Beechwood Boulevard addressed the Board. She asked the Board of Trustees to review the last Planning Board meeting where the residents presented the video of the flooding. Additional housing will create additional sewage overflows. The existing system needs structural devices to store and treat the water runoff, to reduce flooding and unsanitary conditions. She also asked that the character of the Village be preserved. In addition, she pointed out subdivisions have caused a burden on the school system. She asked that the Board of Trustees mitigate existing problems before they approve a subdivision that will add new problems on top of old ones. Mr. Bernard Abel addressed the Board. He noted that he has lived in his present home for 46 years and he has witnessed many floods in this area. He felt that approving this subdivision would exacerbate the drainage problems in this area. Trustee Santon asked that the Board engage a firm to evaluate the soil, as recommended by the Environmental Council. He also asked that the Planning Board's resolved clauses be read at the next Board of Trustee meeting. Mr. Bradbury stated that this would be done. In addition he would be contacting the Westchester County Soil & Water Conservation District to ask them to review this Application. Mr. Kvinge stated that his firm has also visited the site and he would be preparing a report on the findings. Trustee Rand asked for a referral of this Application to the Tree Committee. Mr. Bradbury would be asking the Tree Committee for a report. Mayor Filipowski asked for a motion to adjourn the Public Hearing. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Public Hearing was adjourned to the January 22"d meeting of the Board of Trustees. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting November 27,2001 Page 8 of 36 3. CONSIDERING THE NEXTEL SPECIAL PERMIT AND SITE PLAN APPLICATION TO CONSTRUCT AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 211 SOUTH RIDGE STREET. Mayor Filipowski declared the Public Hearing open, and called for the presentation from the Applicant. Cara M. Bonomolo, Esq., of Snyder & Snyder, addressed the Board. She stated that Nextel is proposing to co-locate a wireless communication facility on the existing building located at 211 South Ridge Street. The facility will consist of the installation of small panel antennas on the roof and a 189 square foot equipment cabinet in the underground parking garage. The antennas will not extend above the highest point of the existing building. A presentation was made to the Board of Trustees in August and the matter was referred to the Planning Board for review. The Planning Board adopted a Resolution on November 8d' stating that they found that this facility would have no adverse visual impact on the surrounding area. They recommended that the Applicant be granted a Special Use Permit. Trustee Santon asked for clarification of the equipment cabinetry. He also asked for information on what other locations were considered. Ms. Bonomolo responded that the equipment cabinetry for the antenna will be located in the sub-grade parking. It will not have an impact on the number of required parking spaces. She noted that an alternative analysis was submitted. A report which reviewed ten alternative sites that were reviewed was submitted. After reviewing these additional sites, Nextel concluded that the Ridge Street Site is the best site for their use. Mr. Peter Sgro of the Telecommunications Commission noted that the Commission sent a memorandum to the Village Board pointing out that the Telecommunications Commission has not yet had the opportunity to review this Application. This matter has been placed on the agenda for their next meeting, which will be held in December. Mayor Filipowski noted that the Village Board would not close the Public Hearing in order to allow time for the Telecommunications Commission to make their comments. Mayor Filipowski asked for a motion to adjourn the Public Hearing to December 19, 2001, and to place this matter on the agenda for a Resolution. 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 Board of Trustees Meeting November 27,2001 Page 9 of 36 Mayor Filipowski moved to the Resolution portion of the meeting, and called for the first item under Resolutions: RESOLUTIONS: 1. REFERRING A LOCAL LAW TO AMEND SECTION 250-39 OF THE WIRELESS TELECOMMUNICATION FACILITIES LAW TO THE PLANNING BOARD AND THE TELECOMMUNICATIONS COMMISSION AND SETTING A DATE FOR A PUBLIC HEARING. Mr. Bradbury read the following Resolution: RESOLUTION REFERRING A LOCAL LAW TO AMEND SECTION 250-39, THE WIRELESS TELECOMMUNICATIONS FACILITIES LAW, TO THE PLANNING BOARD AND TELECOMMUNICATIONS COMMISSION AND SETTING A DATE FOR A PUBLIC HEARING IT IS HEREBY RESOLVED, that the attached proposed local law to amend Section 250-39 of the Code of the Village of Rye Brook in relation to Wireless Telecommunications Facilities be referred to the Planning Board and Telecommunication Commission for a report and recommendation; and it is further RESOLVED, that the Board of Trustees shall hold a Public Hearing on December 19, 2001 at 7:30-P.M. at the Village Hall, 938 King Street, Rye Brook, New York to consider a local law to amend Section 250-39 of the Code of the Village of Rye Brook in relation to Wireless Telecommunications Facilities; and it is further RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself Lead Agency for the review of the subject Local Law. Trustee Rand noted that a more complete site analysis must be submitted with future applications. The Village has hired Special Telecommunications Counsel, Michael Bogin, to review the application. On a motion made by Trustee Brackman, and seconded by Trustee Rand the Resolution was adopted. Board of Trustees Meeting November 27,2001 Page 10 of 36 TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE. MAYOR FILIPOWSKI VOTING AYE 2. REQUESTING THAT THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION REDUCE THE SPEED LIMIT ON KING STREET (ROUTE 120A) FROM FORTY MPH TO THIRTY MPH. Mr. Bradbury read the following Resolution: RESOLUTION REQUESTING THAT NEW YORK STATE DEPARTMENT OF TRANSPORTATION REDUCE THE SPEED LIMIT ON KING STREET (ROUTE 120A) FROM FORTY MPH TO THIRTY MPH WHEREAS, King Street (New York State Route 120A) is a major thoroughfare that travels East — West through the Village of Rye Brook connecting the Sound Shore Communities with the Westchester County Airport, Hutchinson River Parkway, Interstate 684 and other major arteries that lead to communities in central Westchester; and WHEREAS, King Street is a State Road where the posted limit is presently Forty (40) MPH as established by the New York State Department of Transportation; and WHEREAS, King Street is a narrow two (2) lane road intersected by numerous secondary streets and is traveled by local residents, commuters, school buses and commercial vehicles; and WHEREAS, there has been a considerable amount of residential and commercial construction within the Village of Rye Brook within the past five (5) years that has resulted in an increased volume of traffic on King Street specifically including, but not limited to, the addition of two hundred sixty three (263) homes from the Bellefair Subdivision which places traffic directly onto King Street; a Senior Facility which will be constructed adjacent to the Bellefair Subdivision; a Hilton Garden Inn Hotel is proposed to be constructed, the Brunswick School is proposing an expansion, and it is anticipated that the commercial building located at 900 King Street that is presently vacant, will be fully Board of Trustees Meeting November 27,2001 Page 11 of 36 occupied by commercial tenants who will commute to the property at 900 King Street by traveling King Street via Interstate 684, the Hutchinson River Parkway or other local arteries; and WHEREAS, there are numerous other residential and commercial projects that are being developed or proposed to be developed that will increase the volume of traffic on King Street; and WHEREAS, the heavy volume of traffic creates negative impacts on the quality of life of the residents of the Village of Rye Brook; and WHEREAS, the New York State Department of Transportation has the sole authority to reduce the speed limit permitted on King Street from Forty (40) MPH to Thirty (30) MPH; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook for the above stated reasons hereby requests that the New York State Department of Transportation consider reducing the Speed Limit on King Street from Forty (40) MPH to Thirty(30) MPH immediately; and BE IT FURTHER RESOLVED, that the Mayor is authorized to send a letter to the New York State Department of Transportation and all other relevant States and Local Agencies urging a reduction of the Speed Limit be studied, reviewed and implemented. Trustee Rand stated that this Resolution came about because of the changes in the population. He asked for several corrections to the wording of the Resolution. Trustee Degling suggested that this Resolution be accepted subject to the corrections. The Board agreed. Trustee Santon noted that it should be pointed out that this road passes before the Blind Brook School and intersects with the Hutch. On a motion made by Trustee Brackman, and seconded by Trustee Rand the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting November 27,2001 Page 12 of 36 Mayor Filipowski asked for a ten-minute recess. Upon the Board's return they called for item#10 on the agenda. 10. ACCEPTING THE OFFER OF DEDICATION OF SPECTRUM/SKANSKA TO DEDICATE CERTAIN ROADS WITHIN THE BELLEFAIR SUBDIVISION AND CALLING FOR A PUBLIC HEARING. RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF SPECTRUM/SKANSKA TO DEDICATE CERTAIN ROADS WITHIN THE BELLEFAIR SUBDIVISION AND CALLING FOR A PUBLIC HEARING WHEREAS, on January 27, 1998 the Board of Trustees of the Village of Rye Brook adopted a Resolution granting subdivision approval, detailed site plan approval, special permit approval and wetlands permit approval for the development known as Highpoint Village and subsequently known as the Bellefair Subdivision; and WHEREAS, a subdivision plat filed with the Westchester County Clerk's Office, Division of Land Records as Map No. 26335, on April 12, 1999 on which recorded Map the roads to be dedicated hereunder were shown; and WHEREAS, Spectrum/Skanska has by letter dated November 20, 2001 offered the following roads for dedication to the Village: 1. Bellefair Blvd — (Main Drive) from King Street to High Point Circle (Loop Road); 2. Bellefair Road— (Road 5) from High Point Circle (Loop Road) to end; 3. Highpoint Circle—Loop Road; 4. Legendary Circle — (Road 3) from Bellefair Blvd to Bellefair Blvd (Main Drive); 5. Millennium Place — (Road 4) from Legendary Circle (Road 3) to Bellefair Road (Road 5); Board of Trustees Meeting November 27,2001 Page 13 of 36 6. Fellowship Lane—(Road 5A); 7. Reunion Road — (Road 1); from Bellefair Blvd (Main Drive) to end (Senior Parcel); 8. Milestone Court— (Road 6) from Reunion Road (Road 1) to end; and WHEREAS, the Village Engineer has inspected the roads being offered herein and found the roads to be acceptable for dedication: NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook accepts the offer of dedication of- 1. £1. Bellefair Blvd— (Main Drive) from King Street to High Point Circle (Loop Road); 2. Bellefair Road — (Road 5) from High Point Circle (Loop Road) to end; 3. Highpoint Circle—Loop Road; 4. Legendary Circle — (Road 3) from Bellefair Blvd to Bellefair Blvd (Main Drive); 5. Millennium Place — (Road 4) from Legendary Circle (Road 3) to Bellefair Road (Road 5); 6. Fellowship Lane— (Road 5A); 7. Reunion Road — (Road 1); from Bellefair Blvd (Main Drive) to end (Senior Parcel); 8. Milestone Road (Road 6) from Reunion Road (Road 1) to end. This acceptance is subject to each of the following conditions being satisfied: 1. The applicant shall furnish a one (1) year maintenance bond to the Village in a sum to be determined by the Village Engineer in a form acceptable to the Village Attorney; 2. The applicant shall also dedicate the drainage, sewage, steep sloop and easements associated with the roads; Board of Trustees Meeting November 27,2001 Page 14 of 36 3. The applicant shall provide a title report from a title company acceptable to the Village Attorney and in a form acceptable to the Village Attorney; 4. The applicant shall provide deed(s) along with Schedule(s) describing the property(ies) being conveyed in recordable form, and in a form acceptable to the Village Attorney; 5. In accordance with Section 6 —610 of the Village Law, the applicant shall continue to maintain the streets offered for dedication until such time as the Board of Trustees adopts a Resolution accepting the conveyance, and the deeds conveying the roads shall be recorded in the office of the Westchester County Clerk, Division of Land Records. Upon the satisfaction of the above conditions and the recording of the deeds, the roads shall become public streets of the Village; and IT IS FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing on December 11, 2001 at 7:30 P.M. at the Village Hall, 938 King Street, Rye Brook, New York 10573 to consider the Village accepting the dedication of these roads within the Bellefair Subdivision. Mr. Beane was asked for an overview of this Resolution. Mr. Beane reviewed the procedure. He stated that first there is an offer of dedication. The Village accepts the offer of dedication, and that is followed by a Public Hearing. After the Public Hearing, the Village then considers a Resolution accepting the actual dedication. During the Public Hearing the Village Board can accept all of the streets, some of the streets, or none of the streets. The procedure to be followed is dictated by New York State Law. This Resolution brings the Board of Trustees to the next level. Trustee Santon pointed out that not all of the roads will be dedicated. He asked for clarification of what it means when a road is dedicated. He stated that his understanding was that if a road is not dedicated they do not receive maintenance and repair from the Village, including snow removal. They also do not receive the benefit of sanitation services paid for by the Village, nor do they have the ability to have the Rye Brook Police Department enforce traffic laws, including parking and speeding. Mr. Beane noted that the Resolution before the Board simply schedules a Public Hearing. Mr. Beane stated that the Board could approve the Resolution accepting the offer of Board of Trustees Meeting November 27,2001 Page 15 of 36 dedication to schedule a Public Hearing with the proviso that the actual language of the Resolution shall be determined and made consistent. Trustee Rand asked that the Homeowners Association advise the residents of Bellefair of which roads will be dedicated and which would not. Certain streets will remain private streets. Mr. Ken Heller of Lincoln Avenue addressed the Board. He asked that the Village ensure that proper signage is installed, and paid for by the developer. Mayor Filipowski stated that the signage is already in place. Mr. Roger Matles of Bellefair, a member of the Homeowners Association addressed the Board. He stated that it is their understanding that they will be receiving the same treatment as the Arbors — where they are totally private roads. The garbage is removed at no additional cost. He was informed that the Village will continue to service all of the roads, public and private, within Bellefair. Mr. Bradbury stated that he would be researching this matter. Trustee Santon noted that this topic has come up before. He asked that Mr. Bradbury research all private roads, i.e.: James Way, Avon Circle and Doral Greens. He asked that everyone be made aware of what the financial impact to the Village will be by assuming responsibility for sanitation when the roads are dedicated. Mr. Mark Miller, representative for the Applicant addressed the Board. He noted that a detailed legal description has been prepared, and will be provided to the Village. He also noted that a meeting has been scheduled with the Village's Counsel to review this Application. Mr. Beane stated that he would circulate the changes to the draft Resolution. On a motion made by Trustee Rand, and seconded by Trustee Brackman the Resolution, as amended, was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting November 27,2001 Page 16 of 36 3. ENTERING INTO AN AGREEMENT WITH CENTRAL TREE SERVICE, INC. TO PERMIT A COMPOST WOOD WASTE RECYCLING OPERATION FACILITY UPON VILLAGE PROPERTY ON LINCOLN AVENUE. Mr. Bradbury read the following Resolution: RESOLUTION ENTERING INTO AN AGREEMENT WITH CENTRAL TREE SERVICE, INC. TO PERMIT A COMPOST WOOD WASTE RECYCLING OPERATION FACILITY UPON VILLAGE PROPERTY ON LINCOLN AVENUE WHEREAS, wood waste, including logs, wood chips, branches, seasonal Christmas trees, and wood plant material are disposed of at the present Village compost site located on Lincoln Avenue adjacent to the Westchester County Airport by the municipal operations of the Village and delivered by the Village's contracted garbage collection firm; and WHEREAS, Central Tree Service, Inc. desires to operate at no cost or expense to the Village a compost wood waste recycling operation facility. NOW, THEREFORE, BE IT RESOLVED that the Village shall enter into an Agreement with Central Tree Service, Inc. 209 Central Avenue, Rye, New York 10580 upon terms to be negotiated by the Village Attorney to grant a license to Central Tree Service, Inc. to operate at no cost or expense to the Village a compost wood waste recycling operations facility at the existing Village compost site on Lincoln Avenue adjacent to the Westchester County Airport; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. Mayor Filipowski asked that Resolution#5 be read and considered at the same time. Mr. Bradbury read the following Resolution: Board of Trustees Meeting November 27,2001 Page 17 of 36 RESOLUTION ENTERING INTO AN AGREEMENT WITH BARCHELLA CONTRACTING CO., INC. TO PERMIT COMPOST PRODUCTION FACILITY ON VILLAGE PROPERTY ON LINCOLN AVENUE WHEREAS, the Village disposes of all leaves and grass clippings from the Municipal operations of the Village and the source separated green wasted delivered by its contracted garbage collection firm on Village property located on Lincoln Avenue adjacent to the Westchester County Airport; and WHEREAS, Barchella Contracting Co., Inc. desires to operate at no cost or expense to the Village a compost production facility; and WHEREAS, Barchella shall provide up to four hundred (400) cubic yards of screened compost each year for the residents of the Village. NOW, THEREFORE, BE IT RESOLVED that the Village shall enter into an Agreement with Barchella Contracting Co., Inc., 27 Eldredge Street, Port Chester, New York 10573, upon terms to be negotiated by the Village Attorney to grant Barchella a license to operate at no cost or expense to the Village a compost production facility at the existing Village compost site on Lincoln Avenue adjacent to the Westchester County Airport; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. Mr. Ken Heller of Lincoln Avenue addressed the Board. He felt that the Village was giving away something without receiving anything in return. Mr. Carosi reviewed the arrangements being considered. He noted that all of the fall leaves from the Village are taken up to the compost site. In January, February and March a firm is brought in through the County and they mulch the leaves. Other municipalities pay for the removal of their fall leaves and green waste material. Rye Brook has a large site where the material can be brought. This site is an advantage, but the lot size is limited and the material must be moved out. Barchella and Central Tree are providing a service to the Village that the Village would otherwise have to pay for. These proposals are an opportunity to reduce the costs to the Village. This is not a long-term, open ended agreement, but rather a start. Board of Trustees Meeting November 27,2001 Page 18 of 36 Mr. Bradbury stated that because of the limited space, the material must be moved off the site. In order for the Village to get rid of it they must pay $20 per ton. These proposals help the Village and are beneficial to the contractors. Trustee Santon asked how much of a bargain the Village was getting with this type of formal arrangement. Mr. Bradbury stated that this was a positive step for the Village. Trustee Santon noted that there was an incident on this site that concerned him. He was concerned from a liability standpoint. He also felt that the Village should have the ability to terminate these contracts on very short notice, especially if there is an accident. It was his opinion that the Village did not think through their offer to residents of being able to pick up one cubic yard per visit, as having residents on this property was also a concern regarding liability. He also felt that the Village should evaluate other potential vendors and look into the option of generating revenue versus these straight barter contracts. Mr. Carosi reviewed other communities and what they do. He pointed out that Rye Brook has an open space that has been used as a compost site. This affords the Village the ability to deliver material there, work the material, and then allow it to biodegrade naturally. Central Tree is currently the Village's contract. This Resolution gets the idea and concept out to the Board to get an informal arrangement into a more formal practice. These Resolutions are a first draft. Trustee Degling noted that he had a number of detailed comments that will be discussed with Counsel. Mayor Filipowski stated that the time schedule for this site was 9:00 a.m. to 6:00 p.m. on Saturdays. Mr. Carosi noted that machinery is used to mulch the leaves and wood. This machinery is used-for a short amount of time. The noise from this equipment will travel, but the equipment is not used for an extended period of time. Trustee Santon felt that the Resolution should not be voted on. He preferred to fine-tune the Contracts and then put them on the agenda. Mr. Beane responded that the Board could turn the Resolutions into Resolutions subject to the actual final contract being presented to the Village Board of Approval. This way the process could be started before the next meeting. As long as the Village Board has final approval as to the final contract, the process can be expedited. He stated that the Board would be voting on a concept. Mr. Beane stated that the Board needed a Resolution to authorize entering into the contract with these particular vendors, subject to the actual contracts being presented to the Village Board. Board of Trustees Meeting November 27,2001 Page 19 of 36 On a motion made by Trustee Brackman, and seconded by Trustee Degling the amended Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE, TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. AWARDING CONTRACT NUMBER 01-06 FOR THE CONSTRUCTION OF SIDEWALKS UPON GARIBALDI PLACE AND RIDGE STREET. Mr. Bradbury read the following Resolution: RESOLUTION AWARDING CONTRACT NUMBER 01-06 FOR THE CONSTRUCTION OF SIDEWALKS UPON GARIBALDI PLACE AND RIDGE STREET WHEREAS, the Village of Rye Brook has entered into a Community Development Block Grant Agreement with the County of Westchester for a sidewalk replacement project on Ridge Street and Garibaldi Place in the Village of Rye Brook under which the Village will receive from the County of Westchester the sum of One Hundred Eighty Thousand and No/100 ($180,000.00) Dollars; and WHEREAS, the Village duly advertised Contract Number 01-06 for the construction and replacement of sidewalks on Ridge Street and Garibaldi Place in an official newspaper of the Village of Rye Brook on November 1, 2001 and November 8, 2001; and WHEREAS, upon the duly called for date to open said bids, the following bids were received and opened as summarized below: Bidder Bid Amount 1. Landi, Inc. Landscape $325,083.00 2. Tucci Equipment 323,855.50 Board of Trustees Meeting November 27,2001 Page 20 of 36 3. Acocella Contracting, Inc. 360,120.00 4. Melrose Development Corp. 327,627.50 5. Vincent Rusciano Construction Co., Inc., 493,803.00 6. La Poma Site Work and Structure 463,332.50 7. N. Picco & Sons Contracting Co., Inc. 519,835.00 WHEREAS, upon reviewing the bids, the Village Clerk has determined that the bidder who satisfies the requirements of the bidding and contract documents is Tucci Equipment at a cost of$323,855.50. NOW, THEREFORE, be it RESOLVED, that Contract No. 01-06 "Garibaldi Place and Ridge Street Sidewalks" be awarded to Tucci Equipment, 176 Theodore Fremd Avenue, Rye, New York 10570 in the amount of Three Hundred Twenty Three Thousand Eight Hundred Fifty Five and 501100 ($323,855.50) Dollars; and be it FURTHER RESOLVED, that the Mayor is authorized to sign any and all documents necessary to implement this Resolution subject to the Village Attorney's review of the contract. Trustee Brackman noted that she has read a memorandum from Victor Carosi recommending that Tucci be granted the contract. She asked for clarification of how the Village determines that a bidder is a responsible bidder, and that all references have been checked. Mr. Bradbury stated that County has worked with this contractor before and recommended them. Mr. Beane stated he did perform the Due Diligence to verify the bid. The County was responsible for checking the references with regard to this contractor. Trustee Santon noted that the sidewalk project on King Street has taken too long. He asked how to avoid this type of delay on this project. He also pointed out that these projects take the burden off of the abutting property owners who are responsible for the maintenance of the sidewalks in front of their homes. He asked for discussion on why the Village was spending taxpayer money to install these sidewalks. He also asked that the law governing these types of repairs be reviewed. Board of Trustees Meeting November 27,2001 Page 21 of 36 Trustee Santon also suggested that Village staff work on other grants to try and generate other partnership funding. There are still sidewalks to address on the Northern portion of Ridge Street. He asked that these discussions be scheduled for the next agenda meeting, and make the local law consistent with the Village's action. Mayor Filipowski redirected Trustee Santon to the topic before the Board. Trustee Brackman was very happy that the Village was moving ahead to rebuild and rehabilitate neglected sidewalks. The Village is moving forward in developing a policy, and she was very happy to see the sidewalks being installed at a much smaller cost to the Village. On a motion made by Trustee Rand, and seconded by Trustee Brackman the Resolution was adopted. TRUSTEE BRACKIVIAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. AWARDING CONTRACT NUMBER 01-09 FOR VIDEO AND VIDEO EDITING EQUIPMENT. Mr. Bradbury read the following Resolution: RESOLUTION AWARDING CONTRACT NUMBER 01-09 FOR VIDEO AND VIDEO EDITING EQUIPMENT WHEREAS, the Village has solicited bids for Contract No. 01-09 "Video and Video Editing Equipment"; and Board of Trustees Meeting November 27,2001 Page 22 of 36 WHEREAS, the Village has duly advertised Contract Number 01-09 requesting bids for Cable Casting equipment in an official newspaper of the Village of Rye Brook on August 16, 2001; and WHEREAS, on the date duly advertised for the opening of bids the Village received and opened bids on Contract Number 01-09 from L. Matthew Miller Associates, LTD., B & H Photo-Video-Pro-Audio, Adwar Video and James Tronolone - Netcom as detailed in the annexed tabulation of bids. NOW, THEREFORE, BE IT RESOLVED that the Contract for the cable casting equipment as provided for in Contract No. 01-09 is awarded as follows: 1. L. Matthew Miller Associates, LTD. (a) Ikegami 5" Triple Black and White Monitors with Rackmount Kit(PM509RM3) - $784.00; (b) Leader Rackmount Kit without Black Panel (LR2400V1) - $165.00; (c) Panasonic VHS Player/Recorder (AG-2560) - $310.00; and (d) JBL Mounting Bracket(MTC-2) - $48.00. 2. B & H Photo-Video-PRO Audio (a) JVC 14" High Resolution Color Monitor with Rackmount Kit (BMH1310SU/RMK) - $2,042.00; (b) Leader Vetorscope (5850C) - $1,749.00; (c) Leader Waveform Monitor(5860 C) - $1,499.00; and (d) Chyron Caracter Generator Including Computer Monitor (PCSCRIBE) - $3,399.00. 3. Adwar Video (a) Hitachi HV-D15 Studio Camera - $19,506.00; (b) Echolab Video Production Switcher (MVS3-1 W) - $5,744.00; (c) Panasonic Editing Player/Recorder (AG-DS555) - $3,066.00; Board of Trustees Meeting November 27,2001 Page 23 of 36 (d) FEC Rackmount Kit for AG-2560 (RKP2550) - $154.00; (e) Leightronix Event Controller (PRO-8) - $2,048.00; (f) Leightronix Mini T-Proevents Programmer - $1,632.00; (g) JBL Control Room Speaker (Control-1) - $164.00; (h) Videotek Test Signal/Sync Generator (VSG 201) - $1,637.00; and (i) Macro 3-bay Console Including —013-1919-3 Overbridge Mb- 1930 3Mobile Base - $1,494.00 4. James Tronolone - NETCOM (a) Pro Four Remote Robotic Pan/Tilt Camera/Lens Control System (4000) Series - $8,760.00; (b) FEC Rackmount Kit for AG-DS555 (RKSP7350) - $330.00; (c) Mackie 16-Input Mixer (1604VLZ-PRO) - $825.00; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. Mr. Bradbury noted that the Village's video and editing equipment was being replaced. The Village would now have the capacity to do programming. The remote controlled cameras will be installed in the Meeting Room and the equipment will be installed in another room in the basement of the Village Hall Building. Mayor Filipowski asked that the next Resolution be read and voted upon at the same time. 7. RETAINING NETCOM TO INSTALL CABLE CASTING EQUIPMENT. Mr. Bradbury read the following Resolution: RESOLUTION Board of Trustees Meeting November 27,2001 Page 24 of 36 RETAINING NETCOM TO INSTALL CABLE CASTING RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with Netcom, of 20 East Kennedy Street, Hackensack NJ 07601 to install Cable Casting Equipment in Village Hall; and IT IS FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this resolution. Mr. Bradbury noted that the budget for this project is $75,000. The equipment has come in at $53,000. Netcom's fee will be approximately $10,000. Other small purchases will be made to make everything run properly. He also reminded the Board that this $75,000 was given to the Village from CableVision for these purposes. Trustee Santon thanked the Telecommunications Commission that has worked so hard on this project with the Village Staff. He asked where the Village stood with filling the MIS Coordinator position. He also asked for a timeframe for when this equipment would be furnished and installed. Mr. Bradbury noted that the MIS person will be responsible for coming to the meetings, and will be responsible for the overall broadcasts. This individual will also be a liaison to the Telecommunications Commission, as well as being responsible for the overall programming of the Village Board Meetings. There will be three meetings a month that are required for this position. This position will require some assistance. He is currently interviewing individuals for this position, and his recommendation to the Village Board will be made by the end of November. Mr. Sgro, of the Telecommunications Commission, noted that this is a key component of the implementation of the Village's Public Access Guidelines. He noted that there is a meeting scheduled for the 29th of November regarding the Public Access Guidelines. As a summary to the project, he noted that three robotic cameras will be placed in the Meeting Room to be controlled from a production control room in the basement. The play back will take place from the same play back facility that currently exists. The big difference is that there will now be an automated schedule. Mayor Filipowski asked for a motion on both Resolutions. On a motion made by Trustee Rand, and seconded by Trustee Brackman, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE Board of Trustees Meeting November 27,2001 Page 25 of 36 TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Santon noted that there was a discussion item on the agenda for which several residents were in attendance. He asked that this item be taken out of place to accommodate these residents. The Board agreed, and Mayor Filipowski called for this item out of order. NEW BUSINESS: 1. PROPOSED ACCESS TO AND IMPROVEMENTS WITH ELM HILL PARK Trustee Santon pointed out that there is an Elm Hill Park access project underway. There is $8,000 in the budget to establish Elm Hill Park as a passive park entrance to Crawford Park. This includes clearing the overgrowth, establishing a pathway, and placing a few benches in the area. A survey has been completed by J.A. Kirby Company and the stakes have been installed along the boundary. Mr. Bill Popper of 6 Horseshoe Lane addressed the Board. The adjacent residents found out about this project when they discovered people walking through their backyards, putting stakes in the ground. They are now looking to find out what the intent of this survey is. Mr. Marc Silverman of 5 Horseshoe Lane addressed the Board. He stated that he felt that the stakes were on his property, although the Village states that they are on Village property. He felt that they were a safety hazard to his children and their friends who play on Silverman property. Although Crawford Park is closed at night, some people still make their way into the park. He asked if the walkway from Elm Hill Park to Crawford Park would be lit at night, and how this lighting would effect the residents surrounding the pathway. Elm Hill Drive is already a dangerous curve regarding traffic. He asked if this path was going to cause people to gather in Crawford Park at night and result in similar problems as those being experienced in Pine Ridge Park. Ms. Robbie Sedler of Elm Hill Drive addressed the Board. She stated that she was confused about this walkway. She asked if the Village of Rye Brook was working with the Town of Rye on this project. She asked if this pathway was included in the Crawford Master Plan. Mr. Bradbury stated that he did not have the answers to all of the questions. The goal of this project was to create access to Crawford Park from the residential area. Nothing Board of Trustees Meeting November 27,2001 Page 26 of 36 will be done without the abutting residents' full knowledge. The survey was completed 2 %Z weeks ago, and copies are being made to distribute to the adjacent homeowners. This survey was done because of encroachments by the abutting neighbors. The Village is looking to establish a walking trail in the area. The residents must be comfortable with what the Village is attempting to do. Elm Hill Park has been a neglected Park. Trustee Degling stated that he resides near Elm Hill Park. This park has been the most neglected park in the Village — for over 45 years. Although this project has been in the hands of the Village Administrator, who is doing his job, one Trustee, not acting as a Board, has sent out a memo on Village letterhead. This is not the function of one Trustee. This type of action cannot keep happening. This Board must function as a Board. Trustee Degling pointed out that this project has been in limbo because there have been many other much more pressing matters before the Village Administrator. Mr. Bradbury stated that he would be sending a letter to all adjacent residents within a week. To be included in the letter will be a copy of the survey. Trustee Santon felt that the Recreation Council could help the Village's Administrator by planning out this path. He has done research regarding the deeds and found where the parkland is and where the encroachments are. This project has been in the works for more than two years. He stated that he is an advocate for his fellow residents, with or without Board consensus. Mayor Filipowski returned to the agenda, and called for item#8. RESOLUTIONS: 8. APPOINTMENT OF PARKS ATTENDANT. Mr. Bradbury read the following Resolution: RESOLUTION APPOINTMENT OF PARKS ATTENDANT RESOLVED, that Luigi Greco, of 32 Washington Mews, Port Chester, New York, is hereby appointed to the position of Parks Attendant with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it Board of Trustees Meeting November 27,2001 Page 27 of 36 FURTHER RESOLVED, that the annual salary for the position is $32,000 with an effective start date of January 2, 2002, and a probationary period of 26 (twenty-six) weeks. 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 FILIPOWSKI VOTING AYE 9. 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. On a motion made by Trustee Brackman, and seconded by Trustee Degling the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees Meeting November 27,2001 Page 28 of 36 11. REFERRING MODEL ENVIRONMENTAL AND LAND USE ORDINANCES FOR REVIEW AND COMMENT TO THE PLANNING BOARD AND ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION. Mr. Bradbury read the following Resolution: RESOLUTION REFERRING EXEMPLARY ENVIRONMENTAL AND LAND USE ORDINANCES FOR REVIEW AND COMMENT TO THE PLANNING BOARD AND ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION WHEREAS, the Village desires to maintain the visual and aesthetic character of the Village and protect the health, safety and welfare of the residents and regulate the preservation of open space and environmental features; and WHEREAS, the Village wishes to balance this goal with the development of vacant land that requires proper limits, planning and local control so that land will not be overdeveloped, and new construction will be consistent with existing development patterns and character and the health, safety, welfare and character of the community will be preserved and protected. NOW, THEREFORE, BE IT, RESOLVED that the following four (4) Exemplary Environmental and Land Use Ordinances entitled (1) Erosion and Sediment Control; (2) Steep Slope Protection Ordinance; (3) Storm Water Management Ordinance; and (4) Wetlands and Water Course Protection Ordinance be referred to the Planning Board and Advisory Council on Environmental Conservation for their review and comment as to how these exemplary laws are compatible with the existing Village Code and whether a form of the Exemplary Ordinance as may be modified should be adopted by the Village. Trustee Santon felt that this Resolution was a great step forward. There is a definite need for some of the additions to the Village's law. He suggested that the Board have a Work Session to discuss these changes/additions. He felt that the Board should ask for commentary from the Village Attorney. Trustee Brackman stated that she proposed this review. There are many laws that have been passed in various parts of the State that deal with these very issues. Not having the expertise necessary to evaluate the Village's current wetland's law she requested that the office of F.P. Clark review it. Laws such as a Steep Slope Law need to be put on the Board of Trustees Meeting November 27,2001 Page 29 of 36 books. The Wetlands and Watercourse Protection, and Storm Water Management Codes, also need to be reviewed as the Village has been experiencing problems in these areas as well. It was noted that Trustees Degling and Brackman have attended land use courses, which were very informative. They have read through and presented the Board with exemplary Codes which have been utilized by other municipalities. Trustee Santon felt that a Work Session should be scheduled in the early part of January. The Village Staff, Village Attorney and Planners are in a very good position to evaluate the Code. Trustee Rand responded that Work Sessions have a time and a place. He suggested that first the Village Board need to receive the input from the Advisory Committees who deal with this on a regular basis before a Work Session is called. The Board needs to get input from the people who deal with this Code on a regular basis. Mayor Filipowski stated that the proper procedure is that the Planning Board and Advisory Counsel on Environmental Conservation can call on Village Staff, Planners, anyone that they need to get the support that the require to review this matter. Mayor Filipowski asked for a motion on the Resolution. 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 FILIPOWSKI VOTING AYE 12. RESCINDING THE SITE DEVELOPMENT PLAN APPROVAL FOR 900 KING STREET. Mr. Bradbury read the following Resolution: Board of Trustees Meeting November 27,2001 Page 30 of 36 RESOLUTION RE-CONFIRMING THE SITE DEVELOPMENT PLAN DATED SEPTEMBER 20, 1979, AS PREPARED BY STORCH ENGINEERS, ON BEHALF OF ATRIUM ASSOCIATES REGARDING THE OFFICE BUILDING AT 900 KING STREET, TOWN OF RYE, NEW YORK (LOCATED WITHIN THE VILLAGE OF RYE BROOK) AS APPROVED PURSUANT TO RESOLUTIONS OF THE TOWN BOARD OF THE TOWN OF RYE DATED OCTOBER 4, 1979 AND DECEMBER 30, 1981, AS THE APPROVED SITE PLAN FOR 900 KING STREET WHEREAS, at a special meeting held on October 4, 1979, said Town Board of the Town of Rye Brook adopted a resolution ("October 4, 1979 Town Board Resolution") that approved the final site plan for the proposed office building at 900 King Street, the "Site Development Plan" revised (revision #4 dated September 10, 1979) and dated September 20, 1979 (the "September 20, 1979 Site Plan") as prepared by Storch Engineers for the Atrium Associates proposed office building in the Town of Rye, New York (the property hereinafter being referred to as "900 King Street"), which Resolution is reflected in the minutes of the October 4, 1979 Town Board meeting as set forth in pages 224-231 of the Record of Minutes, Volume #47 for the Town Board of the Town of Rye; and WHEREAS, at a December 30, 1981 special meeting of the Town Board of the Town of Rye, said Town Board adopted a resolution ("December 30, 1981 Town Board Resolution") that reaffirmed, nuncrp o tune, its October 4, 1979 approval of the September 20, 1979 Site Plan, and incorporated therein certain conditions to clarify some matters relating to parking, landscaping, signage and fencing, as described therein, which Resolution is reflected in the minutes of the December 30, 1981 Town Board meeting on pages 71-76 of the Record of Minutes, Volume #51 for the Town Board of the Town of Rye; and WHEREAS, on May, 1998, the Board of Trustees (the "Board") of the Village of Rye Brook (the "Village") adopted a resolution entitled "Confirming the Conformance of Existing Improvements at 900 King Street, Village of Rye Brook, New York with the original site plan approval of the Town Board of the Town of Rye for that property and with the provisions of the Code of the Town of Rye relevant to Planned Unit Development' (the "May 26, 1998 Resolution"); WHEREAS, the May 26, 1998 Resolution, by its terms, was premised on the fact that (a) official records relating to the October 4, 1979 Town Board Resolution, the September 20, 1979 Site Plan and the December 30, 1981 Town Board Resolution were incomplete, and (b) the complete records of these Resolutions and Site Plan and other Board of Trustees Meeting November 27,2001 Page 31 of 36 resolutions responsive to several legal actions and the settlements therein do not appear to exist in the official records of the Town of Rye or Village of Rye Brook; and WHEREAS, the Board of Trustees now have determined that the September 20, 1979 Site Plan, the October 4, 1979 Town Board Resolution and the December 30, 1981 Town Board Resolution (collectively referred to as the "Original Site Plan Approval Documents"), as well as the other documents referenced in the Rye Brook Board's May 26, 1998 Resolution are not missing and have been on file in the office of the Town of Rye at all times since their filing, including on or before May 26, 1998; and NOW, THEREFORE, BE IT RESOLVED, that the May 26, 1998 Resolution is hereby rescinded; and be it FURTHER RESOLVED, that the Original Site Plan Approval Documents shall be considered as the valid and approved site plan documents for 900 King Street and that the 9/20/79 Site Plan, as clarified by the December 30, 1981 Town Board Resolution, is the approved site plan for 900 King Street; and be it FURTHER RESOLVED, that the May 11, 1998 Site Plan, which was referenced in the May 26, 1998 Resolution shall not be considered as valid or approved until such time as the above-mentioned, applicable section(s) of the Rye Town Code and/or Rye Brook Code for site plan review or site plan amendment are properly followed, including but not limited to the required referral to the Planning Board for its review and any actions as set forth therein; and be it FURTHER RESOLVED, that any building permits, certificates of occupancy or other approvals for said premises issued prior to the date of this Resolution, and any construction, improvements, modifications and renovations to the site performed pursuant to such approvals shall remain valid and in full force and effect, and shall not be impacted by this Resolution. However, any applications for building permits, certificates of occupancy, site plan approvals, modifications Site Plans or other approvals, and any construction, renovations or other improvements of any kind, including but not limited to increasing the number of currently existing parking spaces, additional signage sought or performed after the date of this Resolution must conform to the Original Site Plan Approval Documents; and it be FURTHER RESOLVED, that this Resolution shall take effect immediately without further action on the part of the Board nor is any further action on the part of an officer, employee, agency or department of this Village required in order to implement same. Board of Trustees Meeting November 27,2001 Page 32 of 36 Trustee Samon noted that this Resolution was tabled in order for the Mayor to have the time needed to review the document. He pointed out that there is an application before the Board regarding this structure. Trustee Rand stated that the Village had a choice. They could either say that the building is there and it is what it is, and then move on. Or they can say that there was a mistake made somewhere along the line between 1979 and 1998 and try and correct it, recognizing that some of the corrections cannot be made because what is is. At this time the Board must either accept the Resolution as written, possibly amend it, or not. Trustee Santon pointed out that he has done much of the research on this matter. He asked that a portion of the Resolution be removed as he felt that it was incorrectly stated. Mr. Beane opined that he believed the Resolution was properly worded for what the Board was attempting to accomplish. There was no second to Trustee Santon's motion for an amendment to the resolution. On a motion made by Trustee Rand, and seconded by Trustee Brackman, the Resolution was not approved TRUSTEE BRACHIVIAN VOTING NAY TRUSTEE DEGLING VOTING NAY TRUSTEE RAND VOTING NAY TRUSTEE SANTON VOTING NAY MAYOR FILIPOWSKI VOTING NAY 13. APPROVAL OF MINUTES. ■ April 10, 2001 ■ August 22, 2001 ■ October 4, 2001 ■ October 9, 2001 ■ October 23, 2001-special meeting ■ October 23, 2001 Mayor Filipowski noted that the Approval of Minutes was tabled, by consensus of the Board, to the next meeting. Board of Trustees Meeting November 27,2001 Page 33 of 36 ADMINISTRATOR'S REPORT: 1. NEW YORK STATE FOLLOW-UP HUTCH KING INTERSECTIONS Mr. Bradbury stated that he has been following up with the State, but had not received the answers that he was looking for. New York State has concluded the traffic counts. They will be sending a letter to the Village of Rye Brook within the next week. The State feels that the no left turn will be okay coming Southbound from the Merritt/King Interchange. They are not recommending no left turn be installed at this time under the existing conditions Northbound on the North King/Hutch exit. From their perspective they are concerned about the backup on the Hutch if the traffic is directed underneath the ramp. Alternate plans are now being reviewed. At this point the Village must wait to see the actual counts, have our consultants look at it, and work with Greenwich for a better outcome on the ramp. 2. BIDS FOR BID #01-08 LINCOLN AVENUE Mr. Bradbury noted that the bid notification did not make it into the paper appropriately and therefore the job was not put out to bid. This project is being re-reviewed and will be going out to be as soon as possible. 3. PUBLIC ACCESS GUIDELINES There is a joint meeting scheduled with the Telecommunications Commission, and the public will be made aware of this meeting. The meeting is scheduled for Thursday, November 291h,_at 7:30 p.m. There will be a review of the Public Access Guidelines at that time. OLD BUSINESS: Mr. Bradbury noted that the recycling bids are due back by November 28, 2001. He also noted that the King Street sidewalk is running a little bit behind schedule, but should be completed by the end of November. Mr. Bradbury noted that the landscaping is being installed in on the Red Roof subdivision. F.P. Clark has been reviewing the Landscape Remediation Plan. Board of Trustees Meeting November 27,2001 Page 34 of 36 Mr. Bradbury noted that the new fire truck has been delivered and will be in service by the beginning of December. In addition, the repairs to the Fire Trailer have been started. Mr. Bradbury stated that the Fire Advisory Board had a meeting on November 14, 2001. They are working on revising and updating the Standard Operating Procedures. Hopefully these changes will be implemented by March/April of 2002. He also noted that currently there is combined training, Port Chester and Rye Brook, that is going on to make sure that all of the firefighters meet and exceed the expectations that are required of firefighters. One last issue that is outstanding is the removal of the building on Ellendale. This will be before the Board in approximately a month. ACTION ON NON-AGENDA MATTERS, SUBJECT TO THE UNANIMOUS CONSENT OF THE TRUSTEES PRESENT AT THE MEETING: Trustee Brackman noted that in connection with the Hoffman Subdivision that is currently before the Board, she felt that the Village needed to look at the drainage difficulties in that area. The issue of whether or not the storm drains in the area are adequate needs to be addressed. Trustee Santon agreed with Trustee Brackman. Trustee Santon requested copies of the documents regarding the Lincoln Avenue improvements. He reminded the Board, and members of the public, that a Work Session was scheduled for Thursday with Telecommunications Commission. He felt that this meeting should be televised as the public has the right to know what is being considered. Trustee Brackman agreed with Trustee Santon that this meeting should be televised, even if one person views the meeting. Trustee Rand made a motion to televise the Work Session. Trustee Santon seconded the motion. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE RAND VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Santon noted that Sullivan Architecture made a preliminary presentation on two sites for the Fire House. The Village Complex, and the County owned land at the intersection of Sleepy Hollow. The Village Attorney was scheduled to give the Village Board an opinion on whether or not the County owned land was feasible. Mr. Beane stated that he has submitted a memorandum. Board of Trustees Meeting November 27,2001 Page 35 of 36 It simply states that based on the documentation that he has reviewed it is clear that the County owns that property. Under the laws of Chapter 292, unless they have been amended, the County can either lease or convey that property to the Village for use for a Fire House. If this property has been formally dedicated as parkland, then it cannot be sold or leased to the Village for use for a Fire House. He stated that he was still reviewing the amendments and the laws. Mr. Beane noted that he would be clearing up this matter and would offer his opinion at that time. When his review was complete, the Village can move ahead. Mayor Filipowski announced that the next Board of Trustees Meetings were scheduled for December 11, 2001 and December 19, 2001. He also noted that a Special Meeting was scheduled for Thursday, November 29, 2001 regarding Public Access Guidelines. There being no further business before the Board, the meeting was adjourned. ResRectfully Submitted, Christopher J. B bury Village Clerk Board of Trustees Meeting November 27,2001 Page 36 of 36