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HomeMy WebLinkAbout2000-11-28 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 28, 2000 -- 7:30 P.M. EXECUTIVE SESSION: 1. 7:00 P.M. MEETING TO DISCUSS POTENTIAL LITIGATION PLEDGE OF ALLEGIANCE ACTION: PRESENTATION: 1. IBIS PROPOSAL FOR WELLNESS CENTER RESOLUTIONS: 1. REFERRING SPECIAL PERMIT & SITE PLAN APPLICATION TO PLANNING BOARD & TELECOMMUNICATIONS COMMISSION FOR CONSTRUCTION OF A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 900 KING STREET 2. PERMITTING CONSTRUCTION OF FOUNDATIONS FOR BELLE FAIR MIDDLE INCOME HOUSING UNITS 3. AUTHORIZATION TO AMEND THE SITE PLAN FOR BELLE FAIR SENIOR HOUSING UNITS 4. ESTABLISHING A FEE FOR ADULT CO-ED VOLLEYBALL PROGRAM 5. MINUTES: JUNE 27,2000 OCTOBER 10, 2000 NOVEMBER 14, 2000 DISCUSSION: 1. STATUS REPORT REGARDING INTENTION OF SPECIAL COUNSEL FOR CELL TOWER PROPOSED BY NEW YORK STATE POLICE ALONG HUTCHINSON RIVER PARKWAY 2. RESPONSE TO RED ROOF FARM COMMUNITY CONCERNS UPDATE: BOARD OF TRUSTEE LIAISON UPDATE NEXT TRUSTEES MEETING DECEMBER 12, 2000 and DECEMBER 26, 2000 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL, 938 ICING STREET RYE BROOK,NEW YORK NOVEMBER 28, 2000 CONVENE MEETING The meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room, and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Donald Degling Trustee Jody Brackman Trustee Roger Herman Trustee Lawrence Rand The following Village staff were present: Christopher Bradbury, Village Administrator Ken Powell, Village Attorney Victor Carosi, Village Engineer William Gerety, Village Building Inspector Christian Miller, Village Consultant Robert Santoro, Police Chief Paula Patafio,Meeting Secretary Mayor Filipowski noted that the Board of Trustees held an Executive Session from 7:00 p.m.to 7:30 p.m. to discuss potential litigation regarding the cell tower. This issue would be addressed during the meeting. He then called for the first item on the agenda under Presentations. PRESENTATIONS: 1. IBIS PROPOSAL FOR WELLNESS CENTER Ms. Donna F. Jarmusz, President, and Mr. Dan Druck, Senior Vice President of The 113IS Group, addressed the Board. Their presentation consisted of a slide show followed by a question and answer session. The role of the IBIS Group was to develop the project. They are also capable of providing management services. The proposal before the Board is for a wellness center as a joint venture for the Village of Rye Brook, Greenwich Hospital and United Cerebral Palsy. Phase I, a Feasibility Study, has now been completed and this information was presented to the Board this evening. The objective that the Village of Rye Brook expressed was to provide its residents with reasonable access to an aquatics facility, while avoiding impact to the tax payers. To accomplish this the Village of Rye Brook had intended on using land that the Village owns on King and Lincoln. This 8.3 acres of land t was to be the Village's contribution to the project. Unfortunately, 5 acres of this parcel are wetlands, leaving 3.3 acres of which only 2.5 acres are useable. This project will require a minimum of 4-5 acres. United Cerebral Palsy, the second proposed partner in this venture, has been looking to expand their aquatics capabilities and it owns a 5-acre parcel of land directly across the street from the proposed site. Although it had this earmarked for other development, it would be willing to "swap" parcels with the Village for this project. In essence what would happen would be that the Village would lease UCP's property for a term (i.e., 99 years), and United Cerebral Palsy would still have the required land on which it intends to build 7500 square feet of class rooms,a day care facility which will be open to the community,and perhaps some small,single-story residential units Another important aspect for UCP is that by working with the other two partners,they can conserve capital resources. Greenwich Hospital, the third proposed partner, is looking to develop a full service, medically based type of fitness center,which would help put the hospital on the cutting edge of providing preventative health care. They are also looking to expand their outpatient services, i.e., rehabilitation, physical therapy, cardiac rehabilitation, etc. They are also looking to conserve capital resources. By pooling their resources, all three entities could easily accomplish their individual goals with this project. Phase I of the study has been completed in order to create definitions of how this project would be owned and operated, and how all three groups could utilize the facility. Approval of Phase I means that Phase It is warranted. The cost of Phase II is approximately$26,000 to be split among the three partners. During this Phase, the actual size and scope of the facility will be determined. This will be defined by what the community requires. The IBIS Group is currently using a 75,000 square foot `guesstimate' so that preliminary financial models could be created. The components of the facility would include a 25 meter indoor lap pool, a warm water therapy pool,aerobic studios,a walk/jog track,a multi-purpose gym, sauna and steam whirlpools, a cafe, children's center and a meeting room. These components would be on top of basic fitness amenities such as cardiac equipment, free weights, circuit training, etc. The facility will include two separate entrances, lobbies and locker rooms. -This helps enhance the user groups' identities and reduces peak period congestion. When these types of partner projects are created it has been found to be very helpful separating building ownership from operation. Access and responsibilities can be defined by lease agreements. The project is leased to the three entities and then it is defined how each entity uses the facility, when they use it, what their responsibilities are regarding housekeeping, etc. When these responsibilities and privileges are transferred into the form of a lease you are left with a holding entity. The holding entity collects lease payments from a credit company and passes it onto the lender. Through a long-term lease the Village would be able to achieve its goal of providing an aquatic facility for its residents. Having Greenwich Hospital as a tenant would allow it to reserve their credit power to do other things that they need to do in order to maintain its operations. United Cerebral Palsy, on the other hand,already holds not-for-profit status. There are several other advantages to UCP owning the building, such as ownership of the property. 2 The Village's lease could include a pre-determined access and programming schedule. The areas that the Village would most likely lease would be the public lobby,public locker room, its own exclusive equipment storage area for aquatic equipment, the indoor lap pool, and parking. The Village's staff would administer iyd own programs that would generate income via user fees. In essence,the Village will have a free swimming pool to use and they can turn it into a revenue stream for other recreation programs from the fees that it will collect from the users. Another big benefit is that the Village will not be responsible for maintenance or housekeeping. Greenwich Hospital's lease could include the access and programming schedules of both UCP and the Village. This,as the building's operation,would allow them to coordinate the schedules. By way of its lease,Greenwich Hospital would be charged with maintaining the facility, providing all the housekeeping services, providing short and long term maintenance,paying for the cost of those functions by way of a fund that it would have to maintain and administer. This allows the hospital to maintain and ensure its operational success. UCP would be looking to use the same facilities as the Village,but would be more interested in the warm water therapy pool. UCP will also staff and maintain its own programs, collect and maintain its own user fees, and like the Village, it will not be responsible for housekeeping and maintenance. Mr.Druck noted that the contributions to the project would be as follows: 8.3 acres from the Village of Rye Brook; 5 acres of land, and perhaps some sizeable grants, from UCP; and Greenwich Hospital will contribute$2 million, and it will make the monthly lease payment sufficient to payoff the project, and they will provide the furniture and fixtures for the entire facility. This facility will be an asset for the Village. Trustee Lawrence Rand asked for clarification regarding liability and insurance. Mr.Druck noted that many clauses within the lease will define both liability and insurance. There should be one policy covering all three entities. Mayor Filipowski asked for comments from the public. Mr. Ken Heller of Lincoln Avenue addressed the Board. He felt that a 99 year lease was too long as swimming pools don't last that long. He also felt that the Village had a lot of legal aspects to look at before they made the decision to become a partner in a project such as the one proposed this evening. Mr. Druck noted that the legal implications of these types ofprojects have been tried and proven. Although there are some complexities,when you are looking at providing a community with this type of project there are always hurdles that need to be overcome. Other entities have accomplished this, with the assistance of the IBIS Group. Mr. Dean Santon of Hillandale Road addressed the Board. He requested information regarding real estate taxes, how the Village's staff manning its programs impacts user fees, and whether the$26,000 required for Phase II is over and above what the Village has already spent on Phase I. He also asked that the Village look at the 8.3 acres as part of the Master Plan, which should also include the 26 acres of BelleFair donated land. 3 Mr. Druck responded to Mr. Santon's comments by noting that the issue of real estate taxes needs to be reviewed as part of Phase It. Any areas that would be subject to property tax would be evaluated,identified and properly addressed in Phase II. Mr.Druck also noted that the$26,000 for Phase II is on top of the approximately$8,000 that the Village has paid for Phase 1. There being no further comments from the Board, or members of the public, Mayor Filipowski thanked Mr. Druck and Ms. Jarmusz for their presentation. Mayor Filipowski called for the first item on the agenda under Resolutions. RESOLUTION: 1. REFERRING SPECIAL PERMIT AND SITE PLAN APPLICATION TO PLANNING BOARD&TELECOMMUNICATIONS COMMISSION FORCONSTRUCTION OF A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 900 KING STREET. Mr. Bradbury read the following Resolution: RESOLUTION REFERRING SPECIAL PERMIT AND SITE PLAN APPLICATION TO PLANNING BOARD & TELECOMMUNICATIONS COMMISSION FOR CONSTRUCTION OF A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 900 KING STREET RESOLVED, that the application of Sprint Spectrum LP d/b/a Sprint PCS for a special permit and site plan approval to construct an attached wireless telecommunications facility, consisting of a 19 foot tall antenna support structure, GPS antenna and equipment cabinets on the roof of the "atrium" office building located at 900 King Street is referred to the Planning Board, the Telecommunications Commission and the Environmental Conservation Council for a report and recommendation; and IT IS FURTHER RESOLVED,that the siun of$5,000, and such additional amounts as may be requested, shall be deposited into the Village environmental review/professional fees fund to defray the cost of review of the applications. Mr. Daniel Leary of the law firm Cuddy&Feder&Worby LLP addressed the Board as the representative for Sprint Spectrum. It was noted that when traveling in the King Street 4 corridor there is a noticeable deficiency with regard to mobile service. The applicant is proposing the installation of antennas to be located on the roof of the Atrium building, located at 900 King Street to address this deficiency. The applicant has submitted an application package which includes radio frequency information, visual information, engineering information and drawings. Sprint Spectrum has a signed lease to install nine(9) antennas on the roof of the Atrium building. They will extend 19 1/2'above the penthouse. Site plans have been submitted. Trustee Rand suggested that this application be referred to the Environmental Council, as well as the Planning Board and Telecommunications Commission. Emissions from the antennas are a concern. Trustee Roger Herman seconded Trustee Rand's suggestion. Trustee Degling asked if other carriers could co-locate on the roof. Mr. Leary stated that issue would be up to the landlord. Sprint's arrangement with the landlord does not preclude the possibility of other carriers locating their antenna on the same location, although there needs to be a certain spacing between carriers. Trustee Rand asked if there was a way to service the New York State Police from these antennas. Mr. Leary stated that they would have to contact the landlord and request permission to install their own antennas. They were willing to discuss the issue with the State Police. Mr. Christian Miller,of Frederick P. Clark Associates,expressed his concerns regarding this application. He suggested that the escrow sum be changed from$1,000 to $5,000. He also stated that his firm does not have the professional expertise required to make a decision with regard to emissions. He suggested if the Village chose, it could retain a professional in that area. The applicant felt that its proposal was relatively minor and asked if it could have a response by the next Board meeting. It was noted that the Telecommunications Commission will meet on December 7', the Planning Board will meet on December 14"', and the Environmental Council will meet on December 19th. Per this evening's Resolution, all three boards have been requested to supply their recommendations and/or comments to the Board of Trustees by the end of the month so that it can be placed on the agenda for January 9, 2001. A decision regarding the public hearing will be discussed at the next Board of Trustee meeting. 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 HERMAN VOTING AYE 5 TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski thanked the applicant for an extremely well done submission. 2. PERMITTING CONSTRUCTION OF FOUNDATIONS FOR BELLEFAIR MIDDLE INCOME HOUSING UNITS. Mr. Bradbury read the following Resolution: RESOLUTION PERMITTING CONSTRUCTION OF FOUNDATIONS FOR BELLE FAIR MIDDLE INCOME UNITS WHEREAS, by Resolution adopted January 27, 1998, the Board of Trustees of the Village of Rye Brook approved the site plan for the High Point Village PUD, now Belle Fair, and condition 16 of said Resolution required the applicant to return to the Board of Trustees for review and approval of 12 middle income units at Belle Fair; and WHEREAS, Belle Fair Home and Land Company and Spectrum Skanska have submitted a plan to the Village which is under review; and WHEREAS, in order to move forward on the Middle Income Units, Belle Fair has requested the authorization to construct the foundations at this time prior to the onset of winter, at its own risk, pending final review and approval of the Middle Income Units. NOW, THEREFORE BE IT RESOLVED,that the Belle Fair Home and Land Company and Spectrum Skanska shall be authorized to construct foundations for the twelve (12) Middle Income Units, at their own risk, in accordance with a letter dated November 9, 2000 from Neil DeLuca and accompanying attachments, and the plans previously reviewed and approved by the Village Board of Architectural Review, pending final review and approval of the twelve (12) Middle Income Units pursuant to condition 16 of the High Point Village Resolution adopted on January 27, 1998. On a motion made by Trustee Herman, and seconded by Trustee Rand, the Resolution was adopted. Trustee Degling noted that once the foundation is in place the ultimate structure is delineated. Although the Board has been assured that these units will have a specified square footage, 6 a one car garage, and that the structure will be essentially the same as that of the other buildings in BelleFair, he asked for further assurances from the applicant. Mr. Christian Miller noted that the applicant's most recent submission provides for their commitment. Mr.Neil DeLuca addressed the Board. He stated that the applicant is ready to build exactly what it committed to build. He noted that a detailed list of specifications has been submitted to the Village Administration and he felt that it would be appropriate to include this list as part of the Resolution. The applicant stands by what has been submitted, and its commitment to the Village. Mr. Miller noted that the applicant submitted a letter dated November 9, 2000, with attachments, that addresses the Board's comments. Mr. Powell redacted the Resolution, adding to the Resolved clause as follows: RESOLVED that the BelleFair Holding Land Company, Spectrum Skanska shall be authorized to construct foundations for 12 Middle Income Units at its own risk, in accordance with the letter dated November 9, 2000 from Mr. Neil DeLuca and the company attachment, and the plan previously reviewed and approved by the Village Board of Architectural Review; and pending final review and approval to build the 12 Middle Income Units under Condition 16 of the High Point Village Resolution adopted on January 22, 1998. Mr. DeLuca stated that the foundations can be poured very quickly and, therefore, he requested instruction from the Board as to the next steps. The applicant would like to continue with the construction process. Mayor Filipowski stated that the Board was very close to establishing the final program. At this point the applicant was limited to pour the foundation. Before the framing process can begin, the applicant will have to return before the Board. TRUSTEE BRACHIVIAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSIQ VOTING AYE On a motion made by Trustee Herman, seconded by Trustee Rand, the resolution was adopted: 3. AUTHORIZATION TO AMEND THE SITE PLAN FOR BELLEFAIR SENIOR HOUSING UNITS. Mr. Bradbury summarized the following Resolution: RESOLUTION 7 SITE PLAN AMENDMENT FOREST CITY DALY HOUSING BELLEFAIR PUD WHEREAS, on January 27, 1998, the Board of Trustees of the Village of Rye Brook adopted a resolution granting, among other things, detailed site plan approval for a 168 unit senior living facility in the High Point Village PUD (now BelleFair); and WHEREAS, said approval was granted after the submission of draft and final environmental impact statements for the project under the State Environmental Quality Review Act (SEAR) and the adoption of a finding statement on September 23, 1997; and WHEREAS, thereafter construction commenced on the PUD project except for the senior living facility; and WHEREAS, on or about September 21, 2000 an application was made by Forest City Daly Housing as contract vendee, for an amended site plan approval for the senior living facility; and WHEREAS, the amended site plan application requests permission to amend the site plan approved for approximately 4.92 acres shown on tax assessment maps as Section 1, Block 3, Lot 1.250 allocated for the senior living facility in this PUD; and WHEREAS,the requested amendments consist of: 1. A reduction in the total number of units from 168 to 166. 2. Conversion of 38 studios to one-bedroom apartments; 3. Conversion of one-bedroom+ den (second bedroom) apartments to larger one- bedroom apartments; 4 Increase in overall unit size for all categories of units: one-bedroom, one bedroom and dens and two bedrooms; 5. Relocation of elevators to facilitate shorter walking distances for the residents; 6. Elimination of circular corridors to minimize disorientation of the residents; 7. Increase detail and upgrade of materials on exterior elevations; 8. Relocating common space and back-of-the-house space from the front of the building to the rear of the building, which was previously planned to be 8 unexcavated and substituting residential units into the space in front of the building; 9. Modifying the depth of the building to accormnodate deeper units; 10. Eliminating the connections which effectively change the footprint from a "Figure-8" configuration to an"H" configuration; and 11. Widening the central bar of the "H" and substituting a second story for the pitched roof, which will be occupied by common spaces such as the fitness room, the barber/beauty room, and the activities room; and WHEREAS, the application was referred to the Planning Board and on November 9, 2000 the Planning Board recommended that the application be treated as a minor modification under Section 250-7(E)(4)(c) of the Zoning Law and should be approved subject to certain conditions; and WHEREAS, the site plan amendment application consist of plans entitled: "Senior Housing at BelleFair,Village of Rye Brook, Westchester County,New York,"prepared by Divney Tung Schwalbe, John P. Slaker Design Group, the Martin Architectural Group, and having the following drawing numbers, drawing titles and revision dates: Drawing Numbers Drawing Titles Revision Dates Cover Sheet — S-1 Layout Plan 10/31/00 S-2 Grading Plan 10/31/00 S-3 Utility Plan 10/31/00 LA-1 Landscape Plan 10/31/00 A-1 East Building Elevation 9/21/00 EC-1 Construction Staging/ 10/31/00 Erosion & Sediment Control Plan WHEREAS, the Board of Trustees has reviewed the application and concurs with the Planning Board that the modifications are minor and waiver of the full procedural requirements for approval of the modification is warranted; and WHEREAS, the previously adopted environmental impact statement and findings adequately address and mitigate the environmental impacts, and the changes to the project in this application are minor in nature and will not have any significant effect on the environment and a DEIS or SEIS for such changes will not be required. NOW, THEREFORE, BE IT 9 RESOLVED, that the frill procedural requirements for approval of the site plan amendment are waived under Section 250-7(E)(4)(c) of the Zoning Law upon the finding that the modification requested is minor; and it is further RESOLVED, that the site plan amendment is granted and the amended site plan maybe signed by the Mayor subject to the following: CONDITIONS TO BE COMPLETED BEFORE AMENDED SITE PLAN IS SIGNED 1. The plans shall be modified to the satisfaction of the Village's Planning Consultant with respect to construction impacts including a prohibition of vehicle staging along King Street and landscaping modifications in accordance with the Village's Planning Consultant memorandum dated November 7, 2000. 2. All outstanding environmental review/professional fees and other Village charges shall be paid satisfactory to the Village Administrator. 3. The sewage pump station maintenance cost agreement referred to in condition 7 on the High Point Village Resolution shall be executed and delivered to the Village satisfactory to the Village Administrator. 4. An erosion and sediment control bond in the sum of$75,000 shall be posted by the applicant subject to acceptance by the Village Board of Trustees. OTHER CONDITIONS 5. The applicant shall provide a"flag person"to control construction vehicle traffic throughout the entire construction process and not merely during peak hours, to the satisfaction of the Village Engineer and Police Chief. The Police Chief may require the applicant to utilize a police officer, at applicants expense, if the Police Chief deems it warranted. 6. The applicant shall provide a plan satisfactory to the Village Engineer to control construction noise impacts on adjacent properties. 7. On written notice to the applicant, the applicant shall promptly provide a bond in the amount determined by the Village Engineer, subject to the acceptance by the Board of Trustees, to correct any construction related damage to streets and roads and related infrastructure which may be dedicated and accepted by the Village. 8. The applicant shall primarily utilize Ding Street for construction vehicle access to the satisfaction of the Village Engineer. Such access shall be configured and to maintained in a manner to prevent any staging of vehicles on King Street and to minimize traffic disruption. 9. Except as provided herein, all other applicable conditions of the approval resolution adopted by the Board of Trustees of the Village of Rye Brook on January 27, 1998 shall remain in full force and effect and the applicant, its successor and assignors, shall be required to comply with the conditions of this Resolution and the applicable conditions of the Resolution adopted by the Board of Trustees on January 27, 1998. 10. The applicant shall adhere to the construction mobilization narrative provided to the Board of Trustees dated October 31, 2000. On a motion made by Trustee Herman, and seconded by Trustee Degling, the Resolution was adopted: Mr. Marls Miller of Veneziano &Associates addressed the Board as the representative for Forest C. Daly Housing. He summarized, for the Board, the events that have taken place since the October 10,2000 Board of Trustees' meeting. There was a preliminary review of Mr. Christian Miller's memo covering nine areas. The matter was then referred to the Planning Board for further review. Subsequently the Village's professional staff scheduled several meetings with the applicant. As result of the meetings, and the input received from the Planning Board,the applicant presented the Board of Trustees with a revised submission on October 21,2000. Also to be noted is a memorandum dated November 9,2000 from Mr. Christian Miller stating that the revised submission had "satisfactorily addressed the outstanding comments." At the November 9'meeting with the Planning Board voted five to two, agreeing with the applicant's initial request for this minor amendment. The Planning Board made several other recommendations, i.e., traffic issues, which have been embodied in a memorandum to the Board of Trustees. Mr. Christian Miller noted that there is a lot of concern regarding construction impacts. A major issue is construction traffic. As a result of discussions with the applicant, they have prepared a construction mobilization narrative which describes,specifically,how the site will be served during the construction process. He noted that construction vehicles will be utilizing the King Street service entrance as many of the homes within BelleFair have been completed and are now occupied. There will be no staging of vehicles on King Street. Mayor Filipowski asked for clarification of two issues. The first issue involves the increased square footage amount. He noted that the footprint was 56,500 and that was being amended to 56,900 resulting in an increase of 400 square feet. The second issue is that the gross square feet of the building was 197,000 square feet and it is now amended to 189,000 square feet. Mr. Mark Miller stated that these numbers are correct. Mr. Christian Miller agreed 11 with these figures. He also noted that some supplemental landscaping has been provided and it is generally acceptable. Mayor Filipowski requested additional information regarding the bond issue. Mr. Mark Miller noted that during a recent discussion with Mr. Victor Carosi a figure of$75,000 was agreed upon. Mr. Carosi stated that in his opinion$75,000 was an appropriate amount. The next issue discussed was whether a flagperson was sufficient for traffic control. Chief Robert Santoro stated that a flagperson was not good enough as the Department of Transportation mandates that any lengthy disruption of traffic requires police intervention. He emphasized that there should be a police officer directing the traffic on King Street. Mr. Christian Miller stated that the word"flagperson" should be removed from the Resolution and replaced with"Police Officer." Mr. Ken Powell suggested the following language change: "The applicant shall provide a flagperson to control construction vehicle traffic throughout the entire construction project and not merely during peak hours, to the satisfaction of the Village Engineer and the Village's Police Chief. The Chief may require the applicant to utilize a police officer for traffic control at the applicant's cost. " Mr. Michael Daly, President of Forest C. Daly, addressed the Board. He noted that he was comfortable with the Village's recommendations. Mr.Mark Miller and Mr. Christian Miller requested several typographical corrections to the Resolution. The most significant was the addition of item #1 which should read "1. A reduction of the total number of units from 168 to 166," thus changing the remaining numbering resulting in I 1 points versus the existing 10. The final issue discussed by Mayor Filipowski was noise control. Mr. Carosi noted that the Village has a rfoise ordinance which the applicant is aware of They have agreed to comply with Village regulations. Mayor Filipowski asked for comments from the Board and/or members of the public. There being none, the motion was adopted, as amended. TRUSTEE BRACKIVIAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE The applicant thanked the Board for their time and consideration with regard to this application. 4.ESTABLISHING A FEE FOR ADULT CO-ED VOLLEYBALL PROGRAM. 12 RESOLUTION ESTABLISHING A FEE FOR ADULT CO-ED VOLLEYBALL PROGRAM RESOLVED,that the fee for the Adult Co-Ed Volleyball Recreation Program shall be $25.00 for eight(8) sessions as recommended by the Parks and Recreation Council is approved. On a motion made by Trustee Brackman, and seconded by Trustee Herman, the Resolution was adopted. TRUSTEE BRACKIVIAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. MINUTES: Mayor Filipowski asked that each set of minutes be taken separately. June 27, 2000 On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Minutes were approved. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE October 10, 2000 On a motion made by Trustee Brackman, and seconded by Trustee Herman, the Minutes were approved as amended. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE 13 November 14, 2000 On a motion made by Trustee Degling, and seconded by Trustee Brack-man, the Minutes were approved as amended. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski moved to the Discussion portion of the Agenda. DISCUSSION: 1. STATUS REPORT REGARDING INTENTION OF SPECIAL COUNSEL FOR CELL TOWER PROPOSED BY NEW YORK STATE POLICE ALONG HUTCHINSON RIVER PARKWAY. Mayor Filipowski noted that prior to this evening's Board of Trustees'meeting they held an Executive Session to discuss the hiring of counsel. The Resolution reflects this decision. RESOLUTION RETAINING SPECIAL COUNSEL TO REPRESENT THE VILLAGE IN CONNECTION WITH THE STATE OF NEW YORK'S PROPOSAL TO CONSTRUCT A TELECOMMUNICATIONS FACILITY ON HUTCHINSON RIVER PARKWAY RIGHT-OF-WAY RESOLVED, that the Village of Rye Brook is authorized to retain the law firm of Sive Paget and Riesel, 460 Park Avenue,New York, New York 10022 to represent the Village in connection with the State of New York's proposal to construct a telecommunications tower and facility on the Hutchinson River Parkway right-of-way for an initial sum not to exceed$ $25,000; and it is further RESOLVED, the following budget modification is approved: $ 25,000 from Fund balance to 1420 Village Attorney Furid. AND ITIS FURTHER 14 RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. In response to comments made by residents Steven Epstein and Dean Santon, Mayor Filipowski stated that the law firm of Sive,Paget, &Riesel of 460 Park Avenue,New York, New York 10022 has connections to the Village of Rye Brook. They were chosen after interviews and research into their area of expertise. It was found that they have represented other municipalities in similar actions. In order to be prepared for any action,it is important to have counsel ready to represent the Village in opposition of the cell tower although the Board hopes that there will not be a need for litigation. On a motion made by Trustee Rand, and seconded by Trustee Degling, the Resolution was approved. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE TRUSTEE RAND VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. RESPONSE TO RED ROOF FARM COMMUNITY CONCERNS. Mr. Bradbury asked Mr. Carosi to summarize the concerns regarding Red Roof Fame. Mr. Carosi noted that there was a meeting held on November 22"'and most of the concerns were addressed and resolved at that time. Some residents were concerned about some of the trees which are in need of care and,in response to their concern,the Village has hired an arborist. A second issue was regarding retaining walls which were not constricted as depicted on the approved subdivision plans. This issue has required remediation. Another question was raised with regard to the construction of the sidewalk and possible drainage concerns. At this time the Village is waiting for a report from their consultant. Mr. Carosi asked if there were any questions that members of the Board, or the public, felt have not been responded to. Mayor Filipowski noted that there is a drainage ditch that has been added to the plan in response to water that migrated to that area. Mr. Carosi noted that as time passes it will not be as noticeable as grass and weeds will grow, and the white stones will change color. Mr. Bradbury noted that there is one unresolved issue and it concerns runoff. The sidewalk construction is being postponed until this issue is completely investigated and the problem is resolved. Mr. Carosi noted that the water that is causing the problem is actually ground water. This condition was there prior to the construction at Red Roof Farm. It actually comes out of the middle of the street. As it is dangerous,the Village is currently looking into ways to stop it. 15 Mayor Filipowski made a brief announcement regarding leaf pick-up. Mr. Carosi noted there are currently three crews out on the road during the week. To date approximately 78% of the leaves have been collected, and the Village is now entering the final push. The loose leaf pick up will end on December 15`h UPDATE: BOARD OF TRUSTEE LIAISON UPDATE Trustee Rand made a brief presentation on the Facilities Committee and the Traffic Commission. He noted that the Facilities Committee is currently working on an issue and that they are looking for direction from the Board of Trustees. This issue involves locating a viable site for the proposed firehouse. The Traffic Commission has received complaints regarding the traffic flow in and around the Village. Many residents have voiced concerns about where the Village is going in the future, about the removal of the left hand turn from the Hutch at King Street, and the signalization at the intersection of King at the Arbors at Glenville Road. Chief Santoro noted that as the road has not been completed the loops necessary for the timing of the signal have not been installed. Installation is scheduled for next spring. It was also noted that there is a sign, clearly visible, that prohibits a right tum on red. When the job is completed the D.O.T. will be resigning the entire area. A request was made for information regarding the Garden Inn. It was noted that the applicant is in the process of reviewing and responding to the comments raised by the Board and members of the public. The burden is now on the applicant and the Board is simply in a waiting pattern at this time. Chief Santoro noted that the Police Department would be available for Vehicle Identification Etching on Saturday, December 2, 2000, from 8:30 a.m, to 3:30 p.m. He reminded the public that the law regarding seatbelts has changed and now individuals up to the age of 16 who sit in the back seat of a vehicle are required to wear seatbelts. The Village is working with the State on"zero"tolerance and, therefore, no warnings will be issued—only summons. Dean Santon addressed the Board. He asked for feedback regarding the possible locations for the proposed firehouse and information on the purchase of the street sweeper. Mayor Filipowski stated that as soon as the information is available it will be presented. Mr. Ken Heller asked if the Village has considered the hotel property as a possible site for the firehouse. He also noted that the warmer weather that we have been experiencing means that the leaves will be around for longer than usual. Mayor Filipowski announced that the next two Board of Tnistees'meeting will be held on December 12, 2000 and January 9, 2001. There being no further business before the Board, the meeting was adjourned at 10:35 p.m. 16 Respectfully sub itted, Christopher radbu Village Administrator/Clerk 17