Loading...
HomeMy WebLinkAbout2001-12-19 - Board of Trustees Meeting Minutes APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET WEDNESDAY,DECEMBER 19, 2001 AGENDA PRESENTATION: 1. Sullivan Architecture- Presentation of Fire Program Study. RESOLUTIONS: 1. Considering a Local Law to Amend Section 250-39 of the Wireless Telecommunication Facilities Law. 2. 211 South Ridge Street Nextel Wireless Telecommimications Facility Special Use Permit and Site Plan Approval Section 1, Block 24, Lot 1. 3. Merger of Two (2) Substandard Lots 9 Woodland Drive,Rye Brook, New York Tax Map Section 1, Block 9, Lots 2C, 2D and 3A. 4. Directing Village Planning Consultant to Propose Amendments to Village of Rye Brook Zoning Ordinance. 5. Setting Date for a Public Hearing on Amending the Fire Protection Agreement with the Village of Port Chester. 6. Urging the County of Westchester to Resurface Ridge Street(County Road No. 54B). 7. Appointing Registrar of Vital Statistics. 8. Appointment of Assistant Building Inspector. 9. Schedule of Bills Payable. 10. Amendment to the Rules of Procedure. 11. Approval of Minutes-November 27, 2001. 1 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. l PRESENT: FRANCIS L. FILIPOWSKI, Mayor JODY H. BRACKMAN DONALD DEGLING DEAN SANTON LAWRENCE A. RAND Trustees ABSENT: None STAFF: Edward F. Beane—Village Attorney Christopher J. Bradbury—Village Administrator Ingrid Richards—Assistant to the Administrator Chief Robert Santoro—Police Chief Victor G. Carosi, Village Engineer William Gerety—Building Inspector David Kvinge,-Frederick P. Clark (Village Consultant) Michael S. Begin—Special Legal Counsel Gina Tarascio—Meeting Secretary 1. Pledge of Allegiance Mayor Filipowski called the meeting to order and invited the Board to join in the Pledge of Allegiance. 2. Roll Call Mayor Filipowski asked the Assistant to the Administrator to call the roll; a quormn was present to conduct official Village business. Mayor Filipowski opened the meeting and publicly thanked Trustee Rand for producing a result for the Village by making contact with Con Edison which resulted in getting the lights honed on the bridge and the traffic lights on Ridge and High Street. At this time Mayor Filipowski anointed that Kip Konigsberg has resigned from the Advisory Council on Parks and Recreation, and an opening is available. Since he has the ability to appoint with Board approval,please advise if there is interest. 2 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. 3. Considering A Local Law To Amend Section 250-39 The Wireless Telecommunications Facilities Law Mayor Filipowski declared the public hearing open regarding the local law to amend Section 250.39 of the Wireless Telecommunication Facilities Law. Mayor Filipowski noted that since there was no response from our Planning Board about this issue, this topic would need to be adjourned. Mr. Bradbury advised the Board and public that the Village received a response from the Telecommunications Commission recommending the Village accept the amendment to the section of our code and that the Planning Board will discuss this item at its next meeting. Mr. Bradbury recommended that we adjourn this item and put it on the agenda for the January 22A meeting, which falls after the next Planning Board meeting. Trustee Rand stated that in dealing with telecommunications on both a federal and state level we have learned that local municipalities are restricted about what they can and cannot do. In working with our outside counsel we will probably see our Board along with other Boards continue to evolve with wireless telecommunications facilities law which will enable more flexibility to protect the Village of Rye Brook. At this time, Mayor Filipowski asked if any member of the public wished to address the Board. Mrs. Dee Dee Mitchell, Ivy Hill Lane of the Arbors addressed the Board. She noted that her main concern was how does the change in the amendment affect the nniber of towers that will be put on top of the office buildings in our community and how does the amendment affect what we have to live with? Mr. Michael Bogin, Special Telecommunications Counsel for Village of Rye Brook, stated that this particular amendinent would permit the Village to require applicants to explain why they selected the site, why other sites were not appropriate and why other sites were rejected and that these applicants roust take into account visual impacts. He also noted that this Board has the authority based on visual impact alone if they are significant, to reject their application or give a positive declaration to an application and require a full fledged state environmental quality review act analysis. He also stated that the Village would continue to strengthen the statute and continue to require applicants to demonstrate on a case-by-case basis why a particular site is an appropriate site. Mayor Filipowski motioned to adjourn the item to the January 22, 2002. 3 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Mayor Filipowski Voting Aye Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye This resolution will be adjourned and discussed on January 22, 2002 after the Planning Board has reviewed this item. 4. 211 South Ridge Street, Nextel Wireless Telecommunications Facility, Special Use Permit And Site Plan Approval Section 1, Block 24, Lot 1 Mayor Filipowski declared the public hearing open regarding the Nextel wireless telecommunications facility special use permit and site plan approval to construct a wireless telecommunications facility at 211 South Ridge Street. Ms. Cara Bonomolo, Nextel attorney of Snyder & Snyder in White Plains addressed the Board. Ms. Bonomolo stated that Nextel is proposing to co-locate a wireless telecommunications facility on the existing building of 211 S. Ridge Street. This facility will consist of the installation of 12 small panel antennas, mounted in three- antenna arrays. A 189 square foot equipment room and mounting structure will be located in the underground parking garage of the office. She stated that when she was here last month this public hearing was adjourned to give the Telecommunications Commission an opportunity to review the application. They did receive a report dated from the committee dated December 13`x'in which the Commission recommended approval of this application and have submitted all the required information. Trustee Santon raised a question regarding parking and how does the impact on garage parking space impact site plan parking. Ms. Cara Bonomolo addressed the Board and stated that her firm has examined this further and determined the equipment room will not impact the existing space. The equipment room would actually cause an existing parking space to become a compact car space in the parking garage. Therefore, there will be no change in parking spaces. Trustee Santon raised a question regarding the proposed amendment and what does the special counsel think of alternate site selection. In addition, does the advocate have to demonstrate that there will be an increase in service coverage or are they allowed to unload some customer capacity. Ms. Cara Bonomolo addressed the Board and stated that although the wireless telecommunication facility will increase coverage in Rye Brook, there will still be a gap in the center of the Village. She stated to the Board that the engineer, Akira Yamasaki of 4 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Lawler, Matusky & Skelly stated that the only way to fill this gap is to build a tower in a residential neighborhood. Nextel is not looking to do this. In addition it will also unload some of the capacity currently at the United Hospital site. Trustee Rand stated that after reading the report and application, he must compliment Nextel on its thorough and complete application and noted that it has provided an alternate site analysis. Trustee Brackman made a motion, seconded by Trustee Degling to adopt the following resolution: WHEREAS, Nextel has made an application to the Village of Rye Brook requesting a Special Use Permit and Site Plan Approval for the installation of an attached wireless telecommunications facility consisting of twelve panel antennas in three sectors to be mounted on the roof of the existing building and with equipment cabinetry to be located in the underground parking area of the existing building located at 211 South Ridge Street, within the C1 Neighborhood Retail Zoning District, Tax Map Parcel No. 1- 24-1; and WHEREAS, the Village Board of Trustees has reviewed and accepted as adequate the information submitted by the applicant in support of the application, including a Full Environmental Assessment Form (Parts I and Il), a narrative description of the proposed action and nature of the proposed use, and the following plans and reports: 1. Application package titled"Statement in Support of Application by Nextel of New York," including affidavits, supporting materials and studies, and a Visual Resource Evaluation; 2. Sheet Y-1, "Title Sheet,"dated 6/15/01,prepared by Tectonic Engineering, Cornwall, New York; 3. Sheet C-1, "Plot Plan," dated 6/15/01,prepared by Tectonic Engineering, Cornwall, New York; 4. Sheet C-2, "Site Plan and Setback Map," dated 6/15/01,prepared by Tectonic Engineering, Cornwall, New York; 5. Sheet A-1, "Roof Plan, Details, and Notes," dated 6/15/01, prepared by Tectonic Engineering, Cornwall, New York; 6. RF Engineering Report Addendum dated October 31, 2001 prepared by Nextel Engineering Department with a November 1, 2001 cover letter from Snyder and Snyder, the applicant's attorney; and 5 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. WHEREAS, the Village Board of Trustees referred the application to the Village Planning Board on August 21, 2001, and the Village Planning Board, by resolution dated November 8, 2001, recommended granting the Special Use Permit and Site Plan Approval, subject to certain conditions; and WHEREAS, the Village Advisory Council on Environmental Conservation reviewed the application and submitted a report dated November 21, 2001; and WHEREAS, the proposed antennas will emit non-ionizing electromagnetic radiation (NIER) (radio waves) for which maximum permissible exposure (MPE) criteria are published, and the applicant provided maps of the NIER field strengths of the proposed facility following accepted models for the calculations; and WHEREAS, the Village has retained the services of Lawler, Matusky, & Skelly Engineers to review the Structural Analysis report prepared by the applicant and a general review of the application; and WHEREAS, Lawler, Matusky, & Skelly Engineers reviewed the application prepared by the Applicant and submitted reports dated August 21 and November 1, 2001; and WHEREAS, the top of the proposed antemias will be approximately 6.5 feet above the existing major portion of the parapet and approximately 10 feet above the roof line, and the equipment cabinets will be located within the existing parking area below grade; and WHEREAS, the Applicant, in response to a request from the Planning Board, constructed a mock-up of the proposed antennas at the site, which mock-up was in-place and available for viewing from 12:00 noon on Friday,November 2 to 5:00 PM on Sunday, November 4; and WHEREAS, the Applicant has met all of the requirements concerning co- location, including the required affidavits, of Section 250-39 of the Village of Rye Brook Zoning Code; and WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of the Project and has been satisfied that the Project will comply with the Special Permit and Site Development Plan standards and requirements of the Village of Rye Brook Code, except as otherwise noted; and WHEREAS, the Village Board of Trustees hereby determines that the proposed installation of a wireless telecommunications facility, consisting of nine (9)panel antennas mounted in three (3) antenna arrays with associated equipment cabinetry and 6 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. mounting structures, meets the criteria for special permits as stated in Section 250- 6(H)(2) of the Village of Rye Brook Code, as follows: a) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it and its relation to streets giving access to it are such that it will not be hazardous, inconvenient or detrimental to the predominantly residential activities and character of the neighborhood; b) The location, nature and height of buildings, walls and fences and the nature and extent of landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof; and C) The proposed use will be provided with off-street parking adequate for its needs, considering the assemblage of persons and vehicles in connection with the use, at least meeting the standards of Article IV, Section 250-6G; and WHEREAS, the Village Board of Trustees determines that the proposed action is an unlisted action pursuant to Article 8 of the Enviromnental Conservation Law and 6 NYCRR Part 617 for which the Village of Rye Brook Board of Trustees is the Lead Agency and the only Involved Agency for the environmental review with respect to the approval of said Special Use Permit and Site Plan; and WHEREAS, this is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 for which the Village of Rye Brook Board of Trustees is the Lead Agency and the only hivolved Agency for the environmental review with respect to the approval of said Special Use Permit and Site Plan; and WHEREAS, a duly advertised public hearing on the application was held on November 27, 2001 and continued to December 19, 2001 in the Rye Brook Village Hall, at which time all those wishing to be heard were given the opportunity to be heard, and the public hearing was closed on December 19, 2001; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein; and be it further RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this 7 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. action, hereby adopts a Negative Declaration since the Project will result in only minor physical changes to the site,visual impacts will be minimal, and any disturbance associated with the Project will be controlled through the proper implementation and maintenance of erosion and sediment controls; and be it further RESOLVED, that based upon the site inspection of the mock-up, the Village Board of Trustees finds that the proposed antennas will not create a significant adverse visual impact on the surrounding areas or the Village as a whole; and be it further RESOLVED, that the Village Board of Trustees hereby waives the requirement for a landscaping plan and determines that the standards for new support structures as described in Section 250-39 E(5) do not apply in this particular instance; and be it further RESOLVED, that the Village Board of Trustees hereby grants the requested Special Use Permit and Site Plan Approval, subject to the following conditions: 1. The Applicant shall submit final structural designs for the antennas and mounting equipment, to the satisfaction of the Village Engineer and Building Inspector, in consultation with the Village's RF Consultant. 2. The antennas, mounting poles and hardware, and all other equipment and hardware associated with the antennas shall be painted light gray or a similar color to minimize the potential visual impacts to surrounding areas, such color to be approved by the Village Engineer and Building Inspector prior to installation. 3. The operation of the proposed antennas shall comply with all requirements of Section 250-39 of the Village's Zoning Code, which regulates wireless telecommunication facilities, including but not limited to the submission of annual reports providing an analysis of no ionizing electrical radiation emitted by the facility.- 4. The Applicant shall submit a bond, in form and of sufficient amount to the satisfaction of the Village's Counsel, to ensure the safe and timely removal of the wireless telecommunications facility in case of abandonment in accordance with Section 250-39 F(11) of the Village Code. 5. The Applicant shall submit an access agreement, to the satisfaction of the Village's Counsel, to enable the Village to perform testing of the facility or to remove the facility after abandonment, in accordance with Section 250-39 F(14) of the Village Code. 6. The proposed equipment room will be designed so as not to result in a decrease in the number or minimum dimensional standards of required parking spaces, to the satisfaction of the Village Building Inspector. 8 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. 5. Appointment Of Assistant Building Inspector Mayor Filipowski noted that he would be taking one item out of order. He called for item number eight, as a courtesy to Michael Izzo who was present at the meeting. Mr. Bradbury announced to the Board that he is very pleased to recommend and welcome Michael Izzo to the position of Assistant Building Inspector. He stated that Michael is very experienced in construction, carpentry, electrical and plumbing and he most recently was a construction inspector for the New York City Buildings and Enforcement team. Mr. Michael Izzo addressed the Board and thanked the Board and Building Inspector for their recommendations and stated that he is happy to serve Rye Brook. Mayor Filipowski welcomed Michael to his new role. Trustee Brackman made a motion, seconded by Trustee Rand, to adopt the following resolution: RESOLVED, that Michael J. Izzo, of 150 Maple Avenue, Rye, New York, is hereby appointed to the position of Assistant Building Inspector with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary for the position is $42,000 with an effective start date of January 7, 2002, and a probationary period of twenty-six (26) weeks. Trustee Brackrnan Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 6. Sullivan Architecture- Presentation of Fire Program Study. Mayor Filipowski called for the first item under presentation. This presentation was given by John Sullivan, Architect & President of Sullivan Architecture in Valhalla and Dominick Calgi of Calgi Construction. Mr. Sullivan addressed the Board stating that he began this project in the sunnner and met with 10 groups with the Board being one of the groups to review a questionnaire regarding a potential fire station for the Village and to discuss their expectations, requirements etc. He thanked the group for participating and is ready to present the 9 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. results of this information. He submitted a conceptual drawing for a $2.8 million, two story building. His suggestion would be to build a 7,500 square feet firehouse equipped with offices, dormitories, meeting rooms, training/multipurpose room, lounge, storage for gear, and four-bay garage, all built on an L-shaped parcel of land. This building will be able to accommodate 4 vehicles. They were asked to analyze Village Hall site and an alternative site, located along Ridge Street directly opposite Sleepy Hollow Road. The Village Hall site could allow for a connection to both buildings to formalize a Village campus between the two buildings. The Village Hall site would also require an elevator as well as exit stairs. In addition, they would keep this building as he illustrated in his sketches residential looking not the typical institutional type building. The alternative site, Sleepy Hollow can also accommodate a building of comparable size and parking. The site can be adjusted so that the building and parking would be contained all within properties that are not part of the parkway or state park lands. They have the ability to accommodate a building at this site if the Board wanted to review this site further. However, in their opinion, the Village Hall property would be the preferred site. Trustee Degling had a question regarding the future expansion of the building as identified on the sketch. Mr. Sullivan stated that this was unfinished space and the building has the ability to expand if necessary and could accommodate extra offices if deemed necessary. Trustee Santon requested that since there are no fire chiefs present tonight, that we have them present at next meeting for their expertise and point of view and feedback. Mr. John Sullivan stated that both sites could accommodate volunteer firemen. He stated that the Sleepy Hollow site is more centrally located, however this site is not owned by Village and the Ding Street site is owned by the Village. Both sites can be accommodated. There are pros and cons for both sites. Trustee Rand urged the Board to move ahead with the engineering studies for building the firehouse on the Village Hall site located at 940 Ding Street, and to get the process moving and get the public aware of the situation. The rest of the Village Board concurred to take the next steps at the 940 King Street site. Mr. Bradbury stated that if the Board would like to proceed with the 940 King Sheet location they immediately in January begin with resolutions for bonding and SEQR. In addition, we will need proposals from architect and construction management firms. Mr. Bradbury recommends that the Board create a firehouse committee to work this process through. 10 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Trustee Santon noted that there was no engineering components done to date. Mr. Sullivan stated that he has consulted with Dolph Rotfeld regarding the engineering process. Mr. Bradbury stated that Dolph Rotfeld would have an input on this project and recommends that a construction Manager be hired. At this time Mayor Filipowski asked if there was any public comment. Amy Schoen, 73 Country Ridge Drive, Rye Brook resident asked if the Village needed any special arrangement with the state before going forward with this project and do we contemplate bringing Connecticut on Board or going forward without discussing it. She was also concerned about the traffic during school time and rush hour. She stated that since there were no shoulders currently on the road, serious thought needs to considered regarding traffic issue. Trustee Santon stated that before we go forward with a full blown review by the architect to build on his existing work, we have Dolph Rotfeld arrange for some traffic analysis and site line analysis which seems to be the most critical area to evaluate. Trustee Santon also stated that we start working collegially with Greenwich and approach them in a more upfront fashion. Mayor Filipowski stated that Greenwich would get its required notification in the environmental process. Mr. Bradbury noted that state approval would be needed for curb cuts and a traffic light. They have had some some preliminary discussion with the state and will have more once plans are formalized. We will need to review traffic work down the road. Hillary Silver of Arbor Drive asked the Board if trucks could only turn north on King Street. Mayor Filipowski addressed this issue and stated that this was incorrect information. Tricks can make a left as well as a right hand turn on King Street. 7. Merger Of Two (2) Substandard Lots 9 Woodland Drive, Rye Brook, New York Tax Map Section 1, Block 9, Lots 2c, 2d And 3a Trustee Degling raised a question regarding how these two lots are substandard lots and does it become substandard simply because the proposed building goes over a lot line. 11 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Mr. Bradbury clarified that this is a horizontal circle of 125 feet and that is why it is becomes a substandard lot. Trustee Santon addressed the Board and stated that going forward, this Board should consider the pros and cons of an automatic merge process which will eliminate residents from going through this tedious process. Trustee Brackman made a motion, seconded by Trustee Rand to adopt the following resolution: WHEREAS, Jonathan J. Hochberg and Stacy R. Hochberg are the owners of the real property located at 9 Woodland Drive, Rye Brook, New York and have made an application to the Village of Rye Brook requesting waiver of subdivision jurisdiction and approval of the merger of two (2) substandard lots identified as lots 5 and 6 on the Re- subdivision Map of Byram Ridge dated October, 1922 and filed in the Westchester County Clerk's Office as Map No. 2931 and identified on the Village's Tax Map as Section 1, Block 9 and Lots 2C, 2D and 3A into a single lot pursuant to Section 250-6 (A) (2); and WHEREAS, the Village Board of Trustees has reviewed and accepted as adequate the information submitted by the applicant in support of the application, including a Short Environmental Assessment Form ("EAF") along with a survey prepared by Edward J. Crothers dated March 30, 1990; and WHEREAS, the Village Board of Trustees is familiar with the site and all aspects of the project and has been satisfied that any development on the site will comply with the standards and requirements of the Village of Rye Brook Code; and WHEREAS, the Village Board of Trustees determines that the proposed action is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, for which the Village of Rye Brook Board of Trustees is the Lead Agency and the only involved Agency for the environmental review with respect to the approval of said merger of the substandard lots; and NOW, THEREFORE, BE IT, RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully said forth and resolved herein; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts a negative declaration since the project will not result in any significant environmental impact since only one (1) building lot will be 12 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. created, visual impacts will be minimal and any disturbances associated with the project will be controlled through the proper implementation and maintenance of erosion and sediment control; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees, pursuant to Section 219-34(A) of the Village's Subdivision Regulations, a proper case does not exist for requiring additional park lands be suitably located for playground and other recreational purposes within the Village of Rye Brook and that neither the dedication of land nor a fee in lieu of land will be required; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees waives subdivision jurisdiction and that the merger of Section 1, Block 9, Lots 2C, 2D and 3A is hereby approved, subject to the following conditions: 1. The proposed residence shall be designed and located so as to be in keeping with the general character of the immediate area. A copy of the final plans, as approved by the Architectural Review Board, shall be submitted to the Building Inspector for inclusion in the file; and 2. The Applicants shall preserve as many of the mature trees as practical, using acceptable tree preservation techniques, and shall submit a tree preservation plan in accordance with Section 235-5(D) of the Rye Brook Code; 3. The Applicants shall prepare a final subdivision plat in accordance with Section 219-21 of the Village of Rye Brook Subdivision Regulations and shall submit an application for final plat approval, or a written request for an extension of preliminary plat approval,within six (6) months of the date of this Resolution; 4. The Applicants shall pay the preliminary application fee; 5. Endorsement of Waiver by the Mayor; 6. The plat shall be filed at the office of the Westchester County Cleric; 7. The Applicants shall endorse a copy of this Resolution and submit it to the Village for its files. Trustee Braclanan Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 8. Directing Village Planning Consultant to Propose Amendments to Village of Rye Brook Zoning Ordinance. 13 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Trustee Degling stated that the Board consider the conservation easement as a means of preserving some green space for the benefit of the Village and benefit of owners. This would be an area in addition to the FAR's that would be of real value to the Village. Trustee Brackrnan wanted clarification if drainage also meant homeowner management and steep slopes or is that a separate issue. Mr. Bradbury addressed the Board stating that steep slopes are a separate issue. However, the drainage issue needs to be strengthened and sorted out. Trustee Santon stated that the Village needs to improve the notification law regarding these issues and stated that in some Villages, residents are forewarned when projects come into their neighborhood with a white sign with black lettering which is posted within a certain distance of the street so all residents are aware of what is going on. Trustee Brackman made a motion, seconded by Trustee Degling to adopt the following resolution: WHEREAS, the Village of Rye Brook Board of Trustees introduced a local law which would have imposed a moratorium on the issuance of permits and approvals within the R-12, R-15 and R-20 zoning districts and the Lincoln Avenue corridor; and WHEREAS, the Board of Trustees conducted a public hearing and received comments from residents expressing concern that a freeze on development was too restrictive and would affect their ability to improve their homes and would discourage individuals from purchasing homes within the Village; and WHEREAS, the residents also recognized the need for the Village to review the Zoning Ordinance to ensure that it adequately preserves the environment and character of the community. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees directs the Village's Planning Consultant to work with staff to prepare a memorandum detailing proposed changes to the Village Code with respect to certain zoning matters including but not limited to bulls standard, drainage, conservation easements, steep slopes, and neighbor notification and that such memorandum be presented to the Board by January 18, 2002; and be it farther RESOLVED, that it is the intent of the Board of Trustees, upon reviewing the memorandum of the Village's Planning Consultant, to schedule a joint meeting with the Village Planning Board to discuss the proposed zoning matters to be studied; and be it further 14 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. RESOLVED, that it is the intent of the Board of Trustees, upon meeting with the Planning Board, to direct the Village's Planning Consultant and Attorney to draft amenchuents to the Village Code for consideration by the Village Board. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 9. Setting Date For A Public Hearing On Amending The Fire Protection Agreement With The Village Of Port Chester Mr. Bradbury addressed the Board regarding the recommendation that the Fire Chief made last summer which was that we presently bring too much equipment to the scene which could be good and bad. The recommendation by the Fire Chief to the Fire Advisory Board was that we cut back one engine to the response. The Fire Advisory Board also agreed to this reduction. Mr. Bradbury noted that the Chief submitted to the Board how the ladder and rescue engine would be responding to fires in different situations. Either truck will be available and that we will be working that into the apparatus response guidelines. Mr. Bradbury stated that the change in the current plan is to add Engine 14 and reduce one engine from Port Chester and reduce one ladder during the day from Port Chester. This issue will be discussed again on January 22 at the public hearing. Mayor Filipowski made a motion, seconded by Trustee Degling to adopt the following resolution: WHEREAS,the Village of Rye Brook entered into a Fire Protection Agreement with the Village of Port Chester for the period of June 1, 2000 to May 31, 2005 (hereinafter referred to as the "Fire Protection Agreement"); and WHEREAS, certain Apparatus Response Guidelines are referenced within, and attached to and made a part of the Fire Protection Agreement; and WHEREAS, the Village of Rye Brook and the Village of Port Chester want to amend the Apparatus Response Guidelines. NOW, THEREFORE, BE IT 15 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. RESOLVED, that the Board of Trustees shall hold a public hearing on January 22, 2002 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider amending the Apparatus Response Guidelines of the Fire Protection Agreement. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 10. Urging the County of Westchester to resurface Ridge Street (County road no. 54b) Mrs. Mary Bellantoni of North Ridge Street, Rye Brook resident addressed the Board and questioned what does the term redesign mean? Mr. Bradbury addressed the public and stated that redesign simply means curb-to- curb resurfacing only with no major changes to the roadway. Mr. Ken Heller, Rye Brook resident addressed the Board and urged the Board to review how flooding has affected the drainage system on Betsy Brown Road. He stated that it is a major engineering problem. because heavy rains arise onto private properties due to no curbing. He urged the Board to make a stronger resolution because resurfacing alone will only raise the road and make the flooding worse. Mayor Filipowski responded to Mr. Heller and stated that the Board has requested that the County repave and include drainage improvements and concrete curbing for this road and he is attempting to get this completed. Trustee Brackman noted that she received a communication piece from a resident questioning if the Board can add an amendment to the resolution regarding Anderson Hill Road as a street that needs repairing. Mayor Filipowski stated that we need to clarify this situation with the County Legislator and find out if it is going to be completed. Mr. Victor Carosi, Village Engineer addressed the Board and stated that the County had a contract this season, and to date had substantially completed Anderson Hill Road. He stated that improvements to drainage and the shoulder were made along with resurfacing the road. He believed that the County had substantially completed this work. Mr. Bradbury stated that this issue needs further study. 16 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Trustee Degling made a motion, seconded by Trustee Brackman to adopt the following resolution: WHEREAS, Westchester County owns and maintains Ridge Street which is a major local road located within the Village of Rye Brook; and WHEREAS, the County has designed and entered into a contract to resurface approximately 0.7 miles of Ridge Street (County Road No. 54B) from Meadowlark Road to Ding Street in the Spring of 2002; and WHEREAS, the remaining sections of Ridge Street are also in need of redesign and resurfacing. NOW, THEREFORE,BE IT, RESOLVED,that the Village of Rye Brook requests that the County of Westchester proceed with resurfacing the roadway of North Ridge Street (County Road No. 54B) in the Spring of 2002 and that the County immediately authorize its Department of Public Works to enter into a separate contract to design and resurface the remaining sections of Ridge Street; and BE IT FURTHER RESOLVED, that the County inunediately authorize its Department of Public Works to discuss with the Village of Rye Brook's Village Engineer additional work that should be included and performed by the County when it repaves the roadway, including but not limited to, drainage improvements and concrete curbing as such improvements will provide for better traffic flow on Ridge Street to the benefit of residents of Westchester. Trustee Braclanan Voting Aye Trustee Degling - Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 11. Appointing Registrar Of Vital Statistics Trustee Degling inquired if the Assistant Registrar needs to be re-appointed. Mr. Bradbury will follow-up and confirni. Trustee Degling made a motion, seconded by Trustee Braclanan to adopt the following resolution: 17 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. WHEREAS, the recording and filing of birth and death certificates are handled through the offices of the Town of Rye; and WHEREAS, Rye Town Cleric Frances C. Nugent has been ably providing these services as Registrar of Vital Statistics on behalf of the Village of Rye Brook for our residents. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby reappoints Rye Town Cleric Frances C. Nugent as Registrar of Vital Statistics for a two (2) year term begirming January 1, 2002 and expiring December 31, 2003; and be it FURTHER RESOLVED, that three certified copies of this resolution are to be returned to Ms. Nugent for filing along with the copies of the "Notification of Appointment of Registrar of Vital Statistics" and that the Village Administrator is authorized to execute any documents necessary to effect this appointment. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 12. Authorization To Approve The Schedule Of Bills Payable Mayor Filipowski addressed the Board in getting the Ed Beane invoice paid. Trustee Santon consented to paying but he did reconcile the numbers and can't see how the invoice match up. He suggested amending this resolution and including the remaining balance of the Keane &Beane bill. Trustee Santon also noted that at the next Board meeting, the Village Administrator provide an update on what the Village has left in the supplemental services account under Village Attorney. He also noted that under the capital portion, Dolph Rotfeld's invoices seemed high and would like to know how they relate to the overall project. Victor Carosi, Village Engineer addressed the Board and stated that the Dolph Rotfeld invoices before them represents costs incurred for inspection services for both the King Street and Valley Terrace projects. Dolph Rotfeld provided the Village with inspectors to be on-site to monitor the construction of both projects. For King Street, he stated the state Department of Transportation (DOT) required an inspector to be on-site that was certified and met DOT requirements and Mr. Rotfeld provided that service to the Village. 18 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Trustee Santon questioned some of the invoices regarding the environment and inquired if the Village always had enough finds in its reserves for these types of bills. Mr. Bradbury stated that the Village requests supplemental funds when funds are diminishing. Trustee Santon stated that he would like an update and status on all developer related projects. On a motion made by Trustee Brackman, and seconded by Trustee Rand to adopt the following resolution: 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, and WHEREAS, the enclosed Schedule of Bills Payable is amended to include payment of $20, 491 to Keane and Beane representing outstanding payment omitted from the December 11, 2001 meeting of the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED,that this Board hereby approves payment of the enclosed claims and authorizes payment thereof; and Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 13. Amendment Of Rules Of Procedure Of The Board Of Trustees Mr. Ed Beane, Village attorney reviewed the amendments and rules of procedure and how they pertain to the Board. He addressed these areas of change and explained that he distributed a redline version to the Board where the language has changed. Mr. Ed Beane stated that the amendment is to clarify that items that first come on for discussion at an agenda meeting. He stated items are not voted on the agenda of the regular meeting unless there is nmanimous Board consent. 19 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Trustee Santon addressed various issues regarding these amendments. He stated that he had some concerns regarding the rules and regulations especially with the Village stationery regulation. He stated they seem overly restrictive with certain events. Trustee Rand stated that he agrees with Trustee Santon regarding that these rules are restrictive and that he is voting against this. He stated that changing rules does not change behavior, specifically, you cannot legislative civility. Trustee Brackman noted that she believes there have been enough circumstances that have created an apparent need to warrant these proposed rules and procedures. She stated that there were various letters written on behalf of the Board that were not sanctioned by the Board and were an embarrassment. Mr. Gary Zuckerman, Hillandale Road, Rye Brook resident addressed the Board and stated that the Board members are going about it the wrong way in trying to conduct their meetings. He stated that trying to attempt to eliminate an item on the agenda is not an appropriate method and that the residents would not appreciate this method. He agrees with Trustee Rand's comments and suggested allowing the trustees to have their own personal letterhead to eliminate any confusion or beliefs. Mr. Dick Hubert, 53 Doral Green Drive, Rye Brook addressed the Board and stated that this is a freedom of speech issue and asked if there was any legislative body that has a rule like this. Mr. Ed Beane, Village Attorney addressed the public and stated that there are a number of local and Village Boards that have these precise kind of regulations and rules. Mr. Ken Heller, Rye Brook resident addressed the Board and stated that the problem lies in never deciphering what is an agenda meeting versus a regular meeting and that the Board needs to determine this. Ed Beane, Village Attorney stated he would take comments under advisement. Trustee Santon stated that the rules regarding adding agenda items does not need to be amended and motions to table. He stated that agenda meetings are sandwiched in with a special meeting beforehand and by the time the Board gets to the agenda section everyone is bored and weary. He also noted that the Village Administrator would have to be a traffic cop for all inquiries and that the nature of this policy will be cumbersome and add to his workload. He stated that one person can't possibly act as a buffer for the entire Village and believes it will be problematic and burdensome for the office. Mr. Bradbury stated that he prefers to be the point person for such inquires. 20 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Mr. Ed Beane, Village Attorney stated he would rewrite an amendment regarding the communication piece. He stated that the amendment that the no official use of official stationery does not apply to "fluff' issues, only policy issues. RESOLVED, that to clarify and supplement the Rules of Procedure of the Board of Trustees of the Village of Rye Brook, the Board of Trustees of the Village of Rye Brook hereby amends the Village of Rye Brook Board of Trustees Rules of Procedure, which were adopted and promulgated on October 9, 2001, as follows: VILLAGE OF RYE BROOK . BOARD OF TRUSTEES RULES OF PROCEDURE 1. MEETINGS. Regular meetings of the Board of Trustees of the Village of Rye Brook (hereinafter referred to as the "Village Board") shall be held on the fourth (0) Tuesday of each month, except that if the fourth(4"') Tuesday is a holiday, the meeting shall be held on the next day. Regular and agenda meetings shall be called to order at 7:30 p.m. Agenda meetings of the Village Board shall be held on the second (2A) Tuesday of every month, except if said second (2"a) Tuesday is a holiday, the meeting shall be held on the next day. 2. SPECIAL MEETINGS. Special meetings may be called by the Mayor and shall be called by him at the request of any two Trustees by their giving the Mayor written notice thereof, which written notice shall contain a statement of the purpose for which the special meeting shall be called, and shall also state the date, time and place for the holding of such meeting. 3. NOTICE OF SPECIAL MEETINGS. The Mayor shall cause written notice of a special meeting to be left at the residence or place of business of each member of the Village Board at least six hours before the time for which such special meeting is called. Such notice shall state the object for which such special meeting is called and shall also state the time and the place of the holding of such meeting. In lieu of the aforesaid method of service of notice of a special meeting, the Mayor may cause written notice of such special meeting to be sent to each member of the Village Board by special delivery mail, directed to the residence or place of business of the member, at least twenty-four hours before the time for which the meeting is called. Notice requirements may be waived by the written acknowledgment of a Trustee that he had actual notice of the Special Meeting. 21 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. 4. TRANSACTION OF BUSINESS AT SPECIAL MEETINGS. At special meetings the business to be transacted thereat shall be only that stated in the notice of such meeting, except that any other business may be transacted at such special meeting by the unanimous consent of all the members of the Village Board. 5. AGENDA MEETING: The purpose of an agenda meeting is to determine the items to be considered by the Village Board at that month's regular meeting and thereby to establish what matters will be listed by the Clerk in the agenda for that month's regular meeting. Items may be added to an agenda for an agenda meeting by any board member delivering a written communication to the Clerk, not later than seventy-two (72) business hours prior to the meeting. 6. AGENDA: The Clerk shall prepare an agenda for each meeting of the Village Board, which shall list the matters to be considered by the Village Board at such meeting, and which shall include a reference to all communications and other matters in writing, which have been received by the Cleric, not later than noon of the sixth day preceding the date of the meeting. The matters to be listed in the agenda of a regular meeting shall be determined at a preceding agenda meeting. An agenda for a regular meeting shall list the matters to be considered by the Village Board insofar as is possible in the order set forth in paragraph 7 of these Rules. The Cleric shall arrange for the delivery of a copy of the agenda of each meeting of the Village Board to each member of the Village Board not later than the morning of the third day preceding the date of the meeting. At any time, after 9 a.m. of the second day preceding the date of each board meeting, the Village Cleric shall during regular office hours furnish to any person appearing personally at the office of the Village Clerk, a copy of the agenda and a copy of any communication or any other written document which accompanies or is part of any item appearing on the agenda of a meeting of the Village Board. The person appearing and malting such request shall pay to the Clerk the sum of 25¢ for each page or part thereof requested by said person. The Clerk shall not be required to reproduce any documents or pages, which are not readily reproduced by the average copying machine. Items not listed on the agenda of a regular meeting may be considered by the Village Board as new matters only upon the unanimous consent of all members of the Village Board present at the regular meeting. 7. ORDER OF BUSINESS. The order of business at regular meetings of the Village Board shall be as follows: 1. Roll Call. la. Flag Salute. 2. Public Hearings concerning Local Laws. Introduction of the proposed law. Statement by mayor and report of cormnittees. 22 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Discussion and action on proposed law. 3. Public Hearings concerning other matters. Introduction of proposed resolution or ordinance. Statement by Mayor and report of committees. Discussion and action on proposals. 4. Resolutions. 5. Administrator's Report 6. Old Business. 7. New Business. 8. Action on non-agenda matters, subject to the unanimous consent of the Trustees present at the meeting. 8. SUSPENSION OF REGULAR ORDER OF BUSINESS. The regular order of business at a stated meeting may at any time be suspended by the affirmative vote of two-thirds of the members of the Village Board present at such meeting. 9. ORDER OF BUSINESS AT SPECIAL MEETINGS. The order of business at special meetings of the Village Board shall be as follows: 1. Roll call. Ia. Salute to the Flag. 2. Consideration of business specified in the notice of the special meeting. 3. Consideration of other business, if unanimous consent given by all members of the Village Board. 10. ORDER OF BUSINESS AT AGENDA MEETINGS. The order of business at agenda meetings of the Village Board shall be as follows: 1. Roll call. 1 a. ' Salute to the Flag. 2. Discussion of agenda items suggested by members of the Village Board. 3. Discussion of agenda items suggested by members of the public. At an agenda meeting, agenda items shall be voted on by voice vote. 11. EVERY MEMBER PRESENT TO VOTE. Every member of the Village Board present at any meeting thereof, when a vote is taken, shall vote for or against, unless excused from voting by the Village Board. In the event of a roll call vote, silence when a Trustee's name is called shall be deemed an affirmative vote by the Trustee. Roll call vote shall be called in alphabetical order of the last name of the Trustee. The Mayor shall be the last one to cast a vote. 12. WITHDRAWAL OF MEMBER FROM MEETING. No member shall withdraw from a meeting of the Village Board without the permission of the Mayor. 23 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. 13. ROBERT'S RULES OF ORDER REVISED FOR DELIBERATIVE ASSEMBLIES TO BE USED. All questions of order or procedure of the Village Board not herein provided for shall be decided in accordance with Robert's Rules of Order Revised for Deliberative Assemblies. 14. LOCAL LAWS. In introducing, presenting and transmitting local laws, the following procedure shall be followed: a) Every local law shall be introduced by a member or on the report of a committee b) If a local law purports to change or supersede any provision of an act of the legislature or to amend an existing local law, it shall show all the new matter underscored and all the matter to be eliminated in brackets and when such local law is printed or reprinted all new matter must appear in italics and all matter to be eliminated, in brackets. c) Every local law introduced shall be deposited with the Village Clerk and shall be read in its order of introduction when the order of business "Introduction of local laws" shall be reached. d) The Cleric shall cause every local law immediately upon its introduction to be copied (or printed) and placed on the desks of the members; he (she) shall number them consecutively as received. Such number shall be retained as an introductory number. Each local law shall also have a print (or draft) number, and if the same is printed (or redrafted), the original print (or draft) number shall be retained and there shall be added its new print (or draft)number. 15. COMMENTS BY MEMBERS OF THE PUBLIC. The Mayor shall entertain comments as to the merits of any item on the agenda, from members of the public, such comments to be limited to statements not to exceed three minutes in length. Any statement not germane to the items on the agenda shall be out of order. The Mayor shall have the discretion to withhold recognition of members of the public until the agenda has been completed. Any member of the public may request additional speaking time by writing to the Cleric forty-eight (48) hours in advance of the meeting. The granting of such additional time shall be subject to a voice vote of the Village Board. Members of the public can make comments at the end of the regular and/or agenda meetings or other public meetings. 16. COMMUNICATIONS. Members of the Village Board shall communicate with the officers, the employees, the vendors, and the contractors of the Village of Rye Brook (the "Village") solely through the Village Administrator. No member of the Village 24 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Board shall give orders, directions or instructions, either publicly or privately, to any officer, employee, vendor or contractor of the Village. All communications, whether written, electronic or verbal, with officers and employees of the Village and members of the Village Board are to be expressed in a respectful and courteous manner. During a meeting of the Village Board, any statements, comments or remarks made by a member of the Village Board: (1) must be confined to the question before the Village Board; (2) shall not concern the motives of a member of the Village Board; (3) shall concern the nature or consequences of a proposed action; and (4) shall not constitute a personal attack or criticism of any member of the Village Board, any officer of the Village or any employee of the Village The members of the Village Board may use official Village of Rye Brook stationery only to (a) express a policy or position of the Village Board as provided in its duly adopted resolutions, regulations, ordinances and local laws; (b) carry-out or communicate actions specifically authorized in duly adopted resolutions, regulations, ordinances, local laws, directives or other actions of the Village Board, and (c) offer congratulations, appreciation and other non-substantive communications. No communications to the Village Board shall be read at a meeting unless so directed by the Village Board,which direction may be made by voice vote. The Mayor shall entertain a single motion to file, spread and record separately on the minutes of the meeting, all communications presented to the Village Board. 17. RECORDING OF PROCEEDINGS OF MEETINGS. No person shall record the proceedings of the meetings of the Village Board, or any part thereof, by electronic or any other type of recorder, not with a "steno-type" or similar machine, nor by motion picture, television or any other type of camera or visual record, nor shall any person broadcast or transmit the proceedings, or any part thereof, by radio, television or any other means of broadcasting or transmission, without having previously made application, in writing, to the Village Board at least ten days in advance of the meeting for which permission is requested and without having received written permission therefore. This rule shall not be construed to prohibit the making of notes by any person or persons at such meetings, whether or not such notes shall constitute a complete transcript of the proceedings, nor shall this rule apply to the Village Clerk or to members of the Village Board. 18. EXECUTIVE SESSIONS. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, the Village Board may conduct an executive session for the below enumerated purposes only, provided however, that no action by formal vote shall be taken to appropriate public monies: 25 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. a) matters which will imperil the public safety if disclosed; b) any matter which may disclose the identity of a law enforcement agent or informer; c) information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; d) discussions regarding proposed, pending or current litigation; e) collective negotiations pursuant to article fourteen of the civil service law; fl the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; g) the preparation, grading or administration of examinations; h) the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, hold by such public body,but only when publicity would substantially affect the value thereof; i) review or consideration of communications between the Village Board and its Attorney; j) deliberation or negotiations with respect to labor agreements or related matters; k) consideration of matters which would be likely to affect the reputation of any private person; 1) any other matter which Federal or State law permits to be discussed in executive session. Attendance at an executive session shall be permitted to any member of the public body and any other person authorized by the public body. Nothing herein contained shall be deemed to preclude the Village Board from meeting in executive session to consider any other matter, which for reasons of the public interest requires such executive session. 19. The words he, him or his shall be deemed to refer to singular and plural and to persons of any gender. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Nay Trustee Santon Voting Nay Mayor Filipowski Voting Aye 26 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. 14. Approval of Minutes-November 27, 2002 Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Rand Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 15. Administrator's Report Postponed in order to review Old Business items. 16. Old Business Review of Garden hm Application David S. Kvinge, Village Consultant stated that the Planning Board requested that the Board of Trustees look into this further and speak to applicant further regarding application. Mayor Filipowski asked how do bring closure to this issue. Mr. Ed Beane, Village Attorney stated that the Planning Board should take this position and inform the applicant that he has a timeframe to complete this application. If information is not complete, abandon this issue. He also noted that this Board could handle or send it back to the Planning Board which will only prolong the issue. Steven M. Silverberg of Wilson, Elser, Moskowitz, Edleman&Dicker LLP, attorney for Doral Green homeowners addressed the Board and stated that the Board of Trustees needs to take a stand on this instead of sending it back to the Planning Board. He also noted that the DEIS projections were traffic related and in view of a lack of cooperation by the-applicant, we are not going forward and obtain a supplemental DEIS report. Judge Bruno Gioffre, attorney for the applicant stated to the Board that the applicant responded and that the response is as complete as possible and that they are ready for the next step and are prepared for any Board comments. Mayor Filipowski noted that the Board members need to decide on three items to bring closure to this issue; 1. have on agenda to respond; 2. come up with an effective amourrt and put on the agenda meeting; 3. or obtain a supplemental DEIS report. Trustee Santon stated that we do not want to do the applicant's work and we should not be in the business of doing an applicant's work on this or any other project. He also asked if we can accept this application in its form or what are the other options. 27 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Mr. Ed Beane, Village Attorney addressed the Board and stated that the Planning Board stated it is an incomplete application and that a supplemental DEIS report will only delay this item. He recommends to the Board that we have the applicant give us the missing information now to resolve this immediately and complete the DEIS report at the applicant's expense. He also stated that by sending the DEIS report back will only delay the resolution further and also recommended this issue go on for the February 8"'Board meeting to allot enough time for a further review. Judge Samuel Fredman of 2 Doral Green, addressed the Board and stated that the Planning Board states that the applicant has not been responsive and suggests resolving this matter now. Judge Bruno Gioffre stated to the Board that it should accept the application as complete. Steven M. Silverberg suggested a supplemental DEIS report be provided. David Kvinge, Village Consultant addressed the Board and stated that we need to take a closer look at the DEIS and have a public hearing on the DEIS. Trustee Brackman asked what are the parameters of a supplemental DEIS. Does it address issues or conditions that arose that were new. Trustee Degling stated to do what the Planning Board has asked us to do. Provide an estimate of cost and have applicant come up with that fee to complete application. He recommended no zoning amendments and put an end to it. He also stated that he was not satisfied with the economic analysis. Trustee Santon stated that we address zoning issues before we proceed any further and asked the Village attorney to frame this for the public. David Kvinge, Village Attorney stated that the applicant would like amendments to the zoning laws and would not recommend changing these laws. Trustee Rand stated that the economic analysis is of high concern. Trustee Santon questioned if we should deal with zoning before economic feasibility. Mr. Ed Beane, Village Attorney recommend that by February 26`x' the applicant is to provide information or provide funds for us to test the information. This is a better way to proceed, and make a reasonable decision. Steven M. Silverberg requested what will happen on the 26`' of February. 28 APPROVED MINUTES Board of Trustees Regular Meeting December 19, 2001. Ed Beane stated that on the 26`h the Board would determine the budget to enable the Village to complete the FEIS and make information available to the applicant. The Board will arrive at a figure which applicant will pay to complete the FEIS and if money is not forthcoming to deem application a dead issue. Mayor Filipowski stated that between now and the 26`"the Village will need to come up with an amount. Mayor Filipowski announced the next Trustees meeting will be held on January 8"' and January 22"d. In addition, on February 12`x' there will be a volunteer recognition function prior to the meeting. Mr. Haas, Rye Brook resident addressed the Board and stated that a traffic light is necessary at the King Street and Ridge Street intersection this is a hazard to all citizens and urged the Board that it review this urgent matter. Mr. William Summa, 555 Westchester Avenue,Rye Brook resident addressed the Board regarding his drywell issue and where this water is going to go and would like to see the report. Mayor Filipowski stated that he would contact Mr. Summa once a report is available to review. On a motion made by Trustee Rand, and seconded by Trustee Brackman and unanimously carried to adjourn the meeting at 12:20 a.m. Meeting adjourned 12:20 a.m. Respectfully submitted, C-�-- Christophe . Bradbury Village Clerk I� 29