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HomeMy WebLinkAbout1986-09-23 - Board of Trustees Meeting Minutes VILLAGE BOARD MEETING AGENDA DATE: 86/09/23 1 . APPROVAL OF MINUTES: August 26 , 1986 2 . PUBLIC HEARINGS : 1 a. Mean Width Definition - Zoning Code 1 b. Alarm Law 2- 31 COMMUNICATIONS: a. 'Letter - Ken Heller re: Lowentheil 4 . DISCUSSION & REPORTS: a Larizza Subdivision Report on Auxiliary Police C. Amendments to Noise Ordinance 5 . RESOLUTIONS : ,Va. Re: Study by Pace University �O b. Re: Park Land Consultant 7 C . Re: Award of Bids : --. 1. Leaf Vacuum 2. Resurfacing Play Area - Pine Ridge Park d. Re : Authorization for Superintendent of Recreation to attend ] National Meeting. e. Re: Emergency Roof Repair of Posillipo Center f . Re : Hiring a Senior Recreation Leader 0QO MINUTES OF REGULAR MEETING OF THE VILLAGE BOARD HELD ON SEPTEMBER 23rd, 1986 AT 8 p.m. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Cresenzi, Z.":;, Treasurer Cortese, Attorney Kramer, Clerk Smith. Minutes of tie Regular Meeting of August 25t4 and Agenda Meeting of September 9th, 1986 were accepted as submitted. PUBLIC HEARING: Definition of Mean Width Zoning Cod e. - Mayor Kabcenell - we have been using a definition of mean width which has been difficult to utilise, and there is a recommendation for a change in the Zoning Law. Since there are several possible definitions and we need to adopt some method for determining conformity. Attorney Kramer suggested that the Board give some direction before final language is drawn up. Mayor Kabcenell - since this will not be acted upon tonight, I am going to move the discussion further down on the agenda. PUBLIC HEARING: Alarm Law. On the motion of Trustee Meiskin, seconded by Trustee Cresenzi. RESOLVED that Local Law // 1/86 entitled Police Alarm Systems, copy of which is on file in the Village Office is hereby adopted. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE COMMUNICATIONS. Mayor Kabcenell read the following letter dated September 12th 1986 from Kenneth Heller. Gentlemen: I would like to request a public hearing concerning the procedure by which the trees and screening of the 26 Lincoln Avenue Subdivision were to be reviewed. At least one member of the Village Planning Board and one member of the Village Board of Trustees indicated that they had initially perceived from public meetings that no develepement was to take place prior to a public review of all standing trees and the proposed careening by the Village Planning Board. Subsequent developements have allowed the builder to take down trees within a proposed road bed prior to the understood consent. The Builder plane to cut down a very large Oak tree rather than make minor modifications to the road layout. I ask for an immediate moratorium till the discrpenaiea can be examined at the proposed public hearing. It is neceasary for me to be out of town on September 23 and 2 therefore ask that the public hearing be scheduled thereafter at the earlie t convenience Respectfully, Kenneth Reller 22 Lincoln Avenue Rye Brook, New York o�o_nooc 0000,55 Mayor Kabcenell suggested that case law be researched, since it would not make sense to pass a law that has been knocked down a number of times. The Board should think about what it would like to do, and we can discuss it again. RESOLUTIONS:Village Office Study. We have been in contact with Pace University, the Michaelian Institute for Suburban Government and we have asked them to give us a proposal to assess current Village of Rye Brook operations and to submit recommendations for the improvement of administrative operations and the delivery of services. The lnstutue will examine organizational structure, communication, managerial functions, advisory board roles, organization of records, and interaction between elected and appointed officials. In preparing its assessment, the Institute will use as criteria generally accepted management and personnel standards for village governments while at the same time keeping in mind the specific attributes and needs of Rye Brook. The study will consider the advantages and disadvantages of having an appointed administrator or manager to run the day-to-day operations of the Village. The proposal has a cap of $19,500.00 and will take about four months to complete. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the Mayor be authorized to sign an agreement with Pace University Michaelian Institute to study the operations of the Village of Rye Brook with a maximum cast of $19,500.00 Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTIONS: Parklands Study. Mayor Kabcenell stated that the Recreation Commission wanted to develop a long-range plan for recreation, that this be a "needs" study, to examine the needs and desires of the community, a review of the existing facilities and then recommendations for implementing response to the needs and the most appropriate use of the available facilities. ' On the motion of Trustee Cresenzi, seconded by Trusts Meiskin, RESOLVED that upon the recommendation of the Recreation Commission, the Mayor be authorized to enter Into an agreement with Frederick P. Clark Associates to conduct a review and update of the Village Parks & Recreation Study, with a maximum cost of $15,000.00, and BE IT FURTHER RESOLVED that the funds to be used for this study shall be appropriated from the Recreation Trust Fund. Bernard Klem, Planning Board member, suggested that the Planning Board also be involved in discussions. It was agreed that this was an excellent idea. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 000o[i(; Mayor Kabcenel.I - this refers to an action taken at the last Board meeting when there was some discussion of trees on that development, it was with the approval of the subdivision - a caveat that any trees within the envelope of the footprint would have to be reviewed by the Planning Board before those trees could be removed. There was no intention that I know, of it having to do with the proposed road. The road was laid out after about five months of discussion with the developer and the Planning Board, and the tree mentioned was in the middle of the proposed road. I do not feel that there is any basis for a Public hearing, but if anyone on the Board feels that this is a violation of the agreement and the action taken at the last meeti.ng. .. ... . ..I would ask the Clerk to note that we find no substance to this Letter, therefor no action to be taken. COMMUNICATIONS: Rye Town Milton Property, North Ridge Street. We have a request for rezoning 26.19 acres from RIO and R12 to accommodate a complex of 150 dwelling units, put forward by Milton Berner, Attorney, on behalf of his clients. The normal process for this would for us to first refer it to our consultants to look at the detail. and provide any baseline information having to do with zoning etc. to the Planning Board and then this would move on to the Planning Board. The project is to be known as Brook II Ventures Inc. Attorney Georgia Kramer - I would like to 9,4cuse myself from any action on this and ask the Board to appoint Special Counsel to consider this matter. One of the principals is the wife of one of my partners, and the person representing them at the moment is my partner, but that .circumstance is going to change rather soon, nevertheless, to avoid any appearance of impropriety or any questions, I would ask the Board to appoint special counsel and to pay that counsel out of the ordinary salary I would receive so it will not cost the Village any money. On the motion of Trustee Cresenzi, seconded by Trustee Nardi, RESOLVED that Attorney Kramer be lbAcused from activity on this application and to have substitute counsel. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi. voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Morton Smith, resident, suggested that the additional expense be paid for by the applicant and notby Mrs. Kramer. Ile stated that he thought it was appropriate for Mrs. Kramer to do what she did, but it was not unusual to charge additional costs to developers. Mr. Smith said that on a more substantive note, on Saturday I was making my usual jog through the woods at Crawford Park following the trails which goes through the woods into the subject land. I took the trail which has been maintained for a long time, but for the first time in the 20 years I have been jogging these trails, I noticed a "No Trespassing" sign which I though was damned unneighborty. I thought about it and said "we've had these trails her and we've been running on these trails, we've been hiking on these trails", and we've maintained them. I think we own them - I think the public has an interest in some of that property. I think we obtained it by adverse possession. I am not a real. estate Lawyer and do not have all the technicalities, but I seriously raise with you the question of whether or not we don't own a significant portion or have the right to an easement on a significant portion of that land. I ask you before submitting this to a consultant to engage special counsel at cost to the developer to determine what rights the public has in that property. We have been utilising those trails, they have been maintained by the public, and I think it should be examined. Before you commit yourselves to this kind of a project, by referring it to a consultant or the Planning Board, legal title to various aspects of that property ought to be examined. 000057 Trustee Nardi - you say, we have been maintaining those traits. Mr. Smith - somebody has been cutting them. They are cut back in the Spring of each year, so that you are able to walk. Trustee Nardi - Is it possible that the Hilton may have been doing that themselves. Police Chief Gendali.a - the Milton has been maintaining the trails. Mr. Smith - there are three pieces of property involved - if the Milton maintains the trails and invites the public to use them, thats another issue. I don't know what the rules are in adverse possession other than open and notorious possession for a period of time, I think in New York it is ten years, gives you rights. I think since the public is involved, you ought not to act so quickly until you solve whether the public has an interest in this. Trustee Meiskin - Mr. Smith - I think that what you're saying is that some public have been using it as a jogging trail. Now, as part of any subdivision coming to the village, there is something called a recreation agreement, whether it be a fee, or land or use of something, and if the village doesn't have the ownership you may be implying,we may be able to work out something to maintain those kinds of jogging trails. I don't see how we can ask anyone to pay for an investigation when at this point, we haven't even passed it on to our own people to act on. What we are saying is - we have not accepted this. Now, I submit that you may be right, but maybe we can do the two concurrently, meaning we pass it on to the Planning Board and while they are doing their investigation, that kind of question be responded to with them and then, possibly, back to us. Mr. Smith - you might be doing a duplication of effort. If for example, you have trails that run down to the pond, there two of them, if it were determined for instance, that they were a public easement, that's got to affect how you set houses. Trustee Meiskin - that's exactly what comes up in the Planning Board. Mr. Smith - I'm just saying to you that I think you ought to know whether or not there are easements there that belong to the public before you submit it to the Planning Board, so that they are dealing with an actual, legal situation, rather than have them Lay something out and then find out six weeks later that it's wrong and back to the drawing board. What I am thinking is not any kind of long term process, questions of witnesses, a visit to the site and things like ` that. Trustee Nardi - does a title search touch on that? Mr. Smith - 'Title Companies may have liability for failure to pick up public easements - that's not your problem. Mayor Kabcenell - it would seem to me that we could probably deal with this concurrently with the other consultant's report and we are going to have to appoint counsel to deal with this issue, so I suggest to the Board that this be submitted both in terms of the consultant, Frederick P. Clark and to counsel, who may or may not need other counsel. Trustee Cresenzi - if the Hilton prior to the sale of the land, was maintaining the trails for the benefit of the residents, and now that land is sold - I don't see how we can now say to the new owner that he is liable for what the Hilton allowed us to do. We would also be getting land as part of the subdivision, maybe the trails could be rerouted or new trails put in. Mr. Smith - I am not in a position to talk about recreation land - you have an option to accept land or money, or both. I would urge you to take land, but the issue of whether or not we have a right, whether we have an ownership in this. A person may maintain 000058 an easement and invite the public in. There are signs in places which state that "Use of this property does not give rise to an adverse possession claim". Mayor Kabcenell - I suggest we refer this to the Planning Board and to counsel, their reports will be submitted back to the Board of Trustees. Trustee Me Lskin - since it is going to counsel, I think this Board should be involved in selection of the substitute counsel for Georgia Kramer. Trustee Nardi. - I think it is incumbent upon os to have this Investigation and do it up front, so that we dealwith everythi.ng else in an orderly fashion. Mayor KabcenelL - we will submit the plans to Frederick P. Clark and to counsel, their reports to be submitted back to the Board of Trustees and to the Planning Board. DISCUSSIONS & REPORTS. Larrizza Subdivision, Giorgi Property, Wyman Avenue. The discussion on the definition of Mean width is pertinent to this matter. Mayor Kabcenell - the request from the Planning Board is that this Board establish the number of units. The applicant stated that the way of computing mean width according the the zoning code is different from the method used by the former Building Inspector, Felix Fidelibus. Rather than try to solve all the problems of interpretation, we have agreed that we are willing to accept one lot Iess,(16 to 14 units), we are afraid if there is a new zoning code, we have already had the application pending for nearly a year, we have to close on the contract. Mayor Kabcenell - this, you say, conforms to our present zoning code. Trustee Cresenzi was concerned about road frontage, but Mr. Morrow pointed out that the zoning code does not have minimum frontage. There was more discussion on comparison of the various methods of computing mean width and depth, with Trustees Cresenzi's main conerning being road frontage, although some of the lots had considerably more than the required square feet. The developer stated that by reducing the number of lots from 8 to 7 they could adjust the frontages. Trustee Cresenzi said he would like to see an amendment to the Zoning Code establishing minimum road frontage, so that we won't have this problem again. On the motion of Trustee Me iskip,seconded by Trustee Cresenzi, RESOLVED that the application for subdivision be referred back to the Planning Board with the recommendation that we find seven (7) lots acceptable with the proviso that each lot have a minimum of 25 feet frontage on the street. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Zak voiced his concern regarding flooding in the area, but studies will be done before the subdivision is approved. 000651 Report on Auxiliary Police. Mayor Kabcenell - at a previous meeting we asked Trustees Zak and Cresenzi to come in with a report on the possibility and all the other details on Rye Brook Auxiliary Police. Trustee Cresenzi - The main purpose of the auxiliary police in Westchester County is to provide a pretrained group of men and women that can respond in emergency situations. It was established under the New York State Defense Emergency Act of 1951 and the functions of the Auxiliary Police which encompasses Civil Defense at the same time in responding to natural disasters, would be to assist the regular police force in dealing with emergencies, - ice storms, hurricanes, earthquakes, blackouts etc. They could also assist at functions such as Rye Brook Day, parades, any events where some extra manpower might be needed. Another function would be in recovery from a disaster, there would be additional people to survey a situation so that a proper response could be coordinated. The County is putting together a Master Plan to deal with hurricanes and earthquakes. Providing emergency communications would be another function. Trustee Zak - I have been involved with emergency communication for over thirty years now - we have a pool of amateur radio operators who work closely with the county working with the auxiliary police. They would work under the direct supervision of the Police Chief. Cone Strum asked if the Town would cut our share of the Town Auxiliary Police from their budget, and the Mayor said he had written the Supervisor advising him that we were considering this action, In view of the Town's approach budget discussions. Chief Cendalia asked if we would be entitled to use any of the equipment that Port Chester has which was purchased by the 'town. On the motion of Trustee Zak seconded by Trustee Cresenzi, RESOLVED that, pursuant to the Defense Emergency Act of 1951 in the State of New York Statutes, in order to provide better protection for the welfare of the citizens of the Village of Rye Brook in time of disaster and emergencies, the Village Board hereby establishes efective 1/1/1.987, the Office of Disaster and Emergency Services and the entity of Auxiliary Police to serve in that office. The Office of Disaster and Emergency Services shall be under the direction of a Deputy Local Director appointed by the Village Board to serve but not limited to a term of three (3) years. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE A resolution for conferring Peace Officer status on the members of the Auxiliary Police Force to enable them to carry firearms while on assignment was deferred, because of restrictions in County Guidelines firearms section. Amendment to Unnecessary Noise Law. There was some discussion regarding noise, and George Morrow, Special Assistant to the Mayor stated that most of the complaints received over the past couple of years had to do with weekends. Trustee Nardi thought we should consider changing the limiting hours on Saturday and Sunday from 8 am to 9 am, Trustee Zak agreed. 00 660 AWARD OF BIDS. WHEREAS the fo Llowing low bids were received on September 12, 1986: 1. Leaf Vaccuum Machine @ $14,228.00 from Trius Inc. 2. Resurfacing Play Area in Pine Ridge Park @ $12,975.00 from De Rosa Contractors. On the motion of Trustee Cresenzi, seconded by Trustee Nardi, BE IT RESOLVED that the bid for the Leaf. Vaccuum Machine @ $14,228.00 be awarded to Trius Inc. and BE IT FURTHER RESOLVED that the bid for resurfacing of the Play Area at Pine Ridge Park @ $12,975.00 be awarded to De Rosa Contractors, and that these funds be appropriated from the Recreation Trust Fund. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE . Mayor Kabcenell voting AYE RECREATION AND PARKS CONFERENCE. On the motion of Trustee Nardi, seconded by Trustee Cresenzi, RESOLVED that upon the recommendation of the Recreation Commission Superintendent of Recreation Thomas Hroncich be authorized to attend the National Recreation and Parks Conference in Anaheim, California for the period October 16-21, 1986. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE EMERGENCY ROOF REPAIR AT POSILLIPO CENTER. WHEREAS bids were advertised for a new roof for the Posillipo Center on August 22, 1986 and September 4, 1986, and WHEREAS no bids were received for this work, and WHEREAS the roof is. leaking and in need of repair, and WHEREAS an emergency exists in that each time it rains, water enters the interior of PosilLipo Center, On the motion of Trustee Meiskin, seconded by Trustee Cresenzi, BE IT RESOLVED that the Board of Trustees declares an emergency and authorizes the purchase of materials and hl.r Lng of skilled mechanics to replace the roof at PosilLipo Center, and -. BE IT FURTHER RESOLVED that the funds to be used for this project be appropriated from the Recreation Trust Fund. Trustee Melskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor KabcenelL voting AYE 00066.1. TARING OF A SENIOR RECREATION LEADER. RESOLVED that upon the recommendation of the Recreation Commission, Greg Austin of 2 Concord Place, Rye Brook, be appointed Senior Recreation Leader (Provisional) at an annual salary of $18,000, said appointment to be effective October 2, 1986.. 'trustee Melskin voting AYE 'trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE DRAINAGE EASEMENT - 4 Daily Lane, Rye Brook. On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that the drainage easement offered to the Village by Floyd Caplan, 4 ]lolly Lane, Rye Brook, (Sec. 1, Block 5, Lot B26) be accepted. Mayor Kabcenell - this was a product of many months of work, there is a blocked drainage pipe which relates to the Town of Rye before us and now the Village required an easement from Mr. Caplan before we. could enter on to his property to correct the problem with the drainage pipe. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE VILLAGE OFFICIALS FALL TRAINING SCHOOL. On the motion of 'Trustee Zak, seconded by 'trustee Cresenzi, RESOLVED that Maria Maher be authorized to attend the Fall Training School. for Village Officials at Swan Lalce, New York on September 30 to October 3, 1986. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcene Ll voting AYE COMPUTER IIARDWARD AND SOFTWARE FOR THE VILLAGE OFFICE. At the last meeting there was a proposal to accept a bid for computer hardware and software. The issue was raised about getting some competing bids and dealing with this. We now have another bid from KVS. A comparison of costs for the two proposals was offered by the Clerk, Jane Saffir Smith, and Mayor Kabcenell suggested that all of the people who have been involved, review together both proposals and come up with a recommendation for the Board. Treasurer doe Cortese said he would plan to look at the KVS system either at the Port Chester Village office or at the Fall Training School for Village Officials where both systems would be on display. Mayor Kabcenell asked that some recommendation be available for the next Agenda Meeting on October 14th. PARKING LOT AT GARIBALDIPLACE. 'trustee Nardi introduced this matter, and said there had been a number of meetings lately, and it had been discussed almost since the inception of the Village. There seems to be general agreement of the Recreation Commission and this Board that the site should be somewhere on the property of AJP. I would like to recommend that we engage an engineer to give us drawingslaying out the parking lot both In the front and the back so we can have some real figures to work with, so that we decide which way we want. to go. I propose that untilwe have resolved this problem, we should have a moratorium on outelde parties. 000':61 Mayor Kabcenell. — I think this should be done at the next meeting so that the people in the neighborhood are aware of what we would like to do, and perhaps have some input. There should not be anymore reservations accepted for outside parties for the time being, and we will put it on the agenda for next month's meeting. Any application can be put on hold until. we make a decision. Trustee Nardi said that a petition had been circulated in January 1983 and presented to the Board by the resi.dents of the area asking that use of PosiLl.ipo be restricted to recreational functions for the Village. Mayor KabeenelL asked that the Recreation Commission be involved, so that we can get a complete report. Trustee Meiskin — reverting back to the discussion on Zoning Code. Definition of Mean Width — suggested that Felix Fidelibus, retired Building Inspector be involved in the discussions, because we may make a change which could affect other applications from previous years which were refused, and he would know the history. Trustee Cresenzi said he would have no objection, however, if a road frontage requirement were to be included, we would be in a good position. Ile suggested that road frontage should be 50% of the mean width, but not less than 25 feet. Mayor Kabcenell suggested that Mark ten Eiken put something together ` and we can then publish a change in the Zoning Law for the next meeting. The discussion reverted back to the Posillipo parking situation, and the cost of the engineering study. George Morrow, Special Assistant to the Mayor said Frederick P. Clark, consultants to the Village, had given us a list of engineering firms they would recommend. Mayor Kabcenell suggested we ask Fritz Weidle if he could give us recommendations, with priority, so that we can get on with it and if there is any additional cost, or if it already part of what he is doing. The meeting was adjourned at 10.10 pm.