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HomeMy WebLinkAbout1989-04-25 - Board of Trustees Meeting Minutes i VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING APRIL 25, 1989 - 8:00 P.M. PUBLIC HEARINGS (Continued) 1. MURRAY SUBDIVISION - 6 HAWTHORNE AVENUE RESOLUTIONS/AGREEMENTS 2. RYE RIDGE PROFESSIONAL BUILDING - FINAL SITE PLAN APPROVAL RESOLUTION 3. SET PUBLIC HEARING FOR MAY 23, 1989 - LARIZZA: COMLY AVENUE 4. ADOPTION OF 198990 BUDGET 5. PROCLAIMING MAY AS MENTAL HEALTH MONTH 6. DISCLOSURE OF INTEREST STATEMENTS APPOINTMENTS/AUTHORIZATION 7. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 8. MARCH 28, 1989 & APRIL 11, 1989 NEXT MEETING DATES AGENDA MEETING - MAY 9, 1989 REGULAR MEETING - MAY 23, 1989 AGENDA MEETING - JUNE 13, 1989 ***Recycling Makes a Lot of $ents!*** 0037'1 i MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 25th DAY OF APRIL, 1989 IN THE VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE MEETING The Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 8:05 P.M. in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Mendicino Trustee Francis L. Filipowski Trustee Robert J. Ravich Trustee Jane Saffir Smith Also present were: Christopher J. Russo, Village Administrator Edward F. Beane, Village Attorney Rocco V. Circosta, Director of Public Works Joseph Cortese, Village Treasurer Jean A. Marra, Deputy Village Clerk April 25, 1989001 378 I In order to accommodate Mr. Bruno Gioffre, the order of the j agenda was changed with Item #3 being heard first. 3. SET PUBLIC HEARING FOR MAY 23, 1989 - LARIZZA: COMLY AVENUE On motion by Trustee Ravich, seconded by Trustee smith, with a unanimous vote of the Board, the following resolution was adopted: LARIZZA SUBDIVISION APPLICATION COMLY AVENUE RESOLVED, that this Board hereby sets Tuesday, May 23, 1989, at 8:00 P.M. at the Village Offices, 90 South Ridge Street, Rye Brook, as the date, time and place for a Public Hearing to consider the Subdivision Application submitted by Louis Larizza for the premises located at Comly Avenue and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 11, Lots 3 and 2; and BE IT FURTHER RESOLVED, that the Deputy Clerk is hereby authorized to publish the Notice of Public Hearing in the Official Newspapers of the Village of Rye Brook. 4. ADOPTION OF 1989/90 BUDGET Administrator Russo stated that there were some changes and additions to the budget which included the Library request, the remainder of the Medicare payments and a contingency for the creation of a possible Youth Bureau. Also, he said some of the State Franchises were finalized. In answer to some questions raised, Mr. Russo explained that it comes to a total increase .of 8.08% or a revised tax rate of $68.52 with the total budget for the year being $5,491,645. When asked about salaries, Administrator Russo explained that the category was for various items including overtime, part-time or temporary help. He also stated that training time is paid at an overtime rate for the police officers and the school crossing guards are included in that figure as well. - 2 - April 25, 1989 O01373 I Mayor Cresenzi noted that since the Auxiliary Police is still inactive, that Budget item has been reduced. In answer to a question raised by Mr. Ken Heller, Mayor Cresenzi and Administrator Russo explained that there is a Highway Department Foreman and a Director of Public Works -- there was no Superintendent of Highways. The Foreman is in charge of the day-to-day operations of the Highway Department, Mr. Russo said. Mayor Cresenzi answered to Mr. Heller' s other question by saying that sometimes overtime was difficult to control -- snow removal was not predictable, illness or injuries had to be covered, in both the Highway and Police Departments, as well as vacation time, etc. , and these absences are usually covered but at the overtime costs. Mr. Russo said that Workmen' s Comp. covers a portion of the salary but the Village is required to pay their full salary because State law mandates it. A local resident said he felt that the Village was going too fast and furious from when it was first started and thought that was worrisome. He suggested that the Board "sink their teeth into it." Mayor Cresenzi said the first step was taken with the Police Department -- their contract is now in arbitration in order to try and get "some sanity" back into the department and the Highway Dept. went from 16 or 17 employees when it was the Town of Rye to the present 8 or 9 -- the Village provides .all of the services but the County Tax is higher, he pointed out. Mayor Cresenzi suggested that the residents ask questions down at Pearl Street -- there are more people working in the Town offices than in the Village, and the Village delivers good service at a reasonable cost! It' s what we all do about it -- not just me, he said. Mr. Heller said that the summer help could be cut. Some people can afford these increases, others can't because they are on a fixed income. Mr. Stan Zak said he was retired and on a very limited income and he thought it fantastic to give local kids a job during the summer. He asked the Board not to cut this item from the Budget. Thereafter, on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: - 3 - April 25, 1989001380 1989/90 BUDGET I WHEREAS, the Board of Trustees met on the 11th day of April, 1989, pursuant to Notice of Public Hearing, regarding the Proposed 1989/90 Budget, and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that the Proposed Budget as amended and revised, and as hereinafter set forth by the Board of Trustees, is hereby adopted this 25th day of April, 1989; and be it FURTHER RESOLVED, that the amounts listed therein for payment of principal and interest on indebted- ness and that maintenance district charges be paid, and that the salaries, wages, benefits and other terms and conditions of employment for employees, not represented by a bargaining unit, shall be paid such salaries as determined by the Board of Trustees. PUBLIC HEARINGS (Continued) 1. MURRAY SUBDIVISION - 6 HAWTHORNE AVENUE Bruno Gioffre, attorney for the applicant, announced that his client's plan were not ready for submission and requested that this matter be put off without prejudice. Following some discussion, Attorney Beane stated this matter would be held off subject to action taken by the applicant. 5. PROCLAIMING MAY AS MENTAL HEALTH MONTH Thereafter, on motion by Trustee Filipowski, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following Proclamation was adopted: - 4 - ....-.... . . April 25, 198)0 a X03 f MENTAL HEALTH MONTH - MAY, 1989 WHEREAS, a substantial portion of the people in the United States will suffer either directly or indirectly from the disabling consequences of mental illness in their lifetimes; WHEREAS, community-based mental health approaches offer hope for overcoming mental disabilities; WHEREAS, there has been a vast growth in homelessness in our nation and in Westchester County, in part created by unmet mental health needs and inevitably creating mental ¢� health problems; WHEREAS, meeting the mental health needs of children is essential fc to the well-being of our society; WHEREAS, changes in family life have brought with it new stresses which call for innovative, preventive intervention as well as for the development of nontraditional forms of treatment; WHEREAS, the elderly, who are the fastest growing segment of our population, are more likely to suffer from mental health problems than the younger population, and they require originative forms of care and treatment; WHEREAS, stigmas and myths about mental illness interfere with people seeking and obtaining the mental health services they need; WHEREAS, the Mental Health Association of Westchester County, along with many other mental health associations throughout the country, takes a leadership role with regard to winning community acceptance of the mentally ill, stimulating the development of vital services, and providing education for both professionals and nonprofessionals alike; NOW, THEREFORE, BE IT RESOLVED, that I, Salvatore M. Cresenzi, as Mayor of the Village of Rye Brook, do hereby proclaim May, 1989 as MENTAL HEALTH MONTH and call on everyone in our community to join with the Mental Health Association during the month of May and throughout the entire year, in working towards the goal of mental health in Westchester County. 5 - I 00 382 April 25, 1989 6. DISCLOSURE OF INTEREST STATEMENTS If more than $100 is earned in one year by a Village employee working in a different capacity, under the law it should be disclosed, Mr. Russo said, adding that Det. Ramundo and Officer Matturro do snow plowing in the winter for the Village. Be then requested that the Board accept the Disclosure of Interest Statements pertaining to two Police Officers, pursuant to the request of the State Auditor. Mayor Cresenzi asked what would happen if the officers are injured; is the Village still bound to pay them unlimited sick leave? Attorney Beane said he would have to ascertain what the affect on the Village would be as he was unsure at this time. To answer a question raised, Administrator Russo said these men were not working in a Village capacity -- they work privately and are paid as a contract vendee and Trustee Filipowski added if they were a private contractor, the Village could make sure .they had proper coverage and if these people were asked to provide their own coverage, he thought they would most likely opt not do it. Mayor Cresenzi then suggested that this matter be put off until May 9th and that the attorney be directed to further investigate the matters regarding insurance coverage which were brought up this evening. At this time, Attorney Beane said the Disclosure of Interest Statements will be amended, presented to the officers for their signature and the Statements will then be presented to the Board for their acceptance. APPOINTMENTS/AUTHORIZATION 7. CHECK REGISTER AUTHORIZATION Thereafter, on motion by Trustee Mendicino, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: - 6 - 001381 April 25, 1989 CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks #1940 - #2123; Hand Checks #8102 - #8112; Payroll Checks #15600 - #15784; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. APPROVAL OF MINUTES 8. MARCH 28, 1989 & APRIL 11, 1989 Approval of the Minutes of March 28th and April lith was put over to May 9th. RESOLUTIONS/AGREEMENTS 2. RYE RIDGE PROFESSIONAL BUILDING - FINAL SITE PLAN APPROVAL RESOLUTION At Mayor Cresenzi's request, Attorney Beane read the proposed Site Plan and Rezoning Approval. Residents in attendance voiced their opposition to the approximate 1.45 acre being deeded to the Village for having the designation: for other than a Recreational Use" in the resolution. Mr. Beane explained that the designation was necessary in order to prevent condemnation proceedings on the part of the State or County. The residents said they did not want any park there because it would just be a hangout for the kids -- they just wanted it to remain as green open space. Attorney Beane said either the Village takes the land or it doesn't take the land. The Village cannot accept land and not use it for the entire Village. - 7 - i 001 384i April 25, 1989 Then the subject arose as to who would maintain the property and if it would, in fact, be maintained. Some residents said they did not want the area maintained -- others wanted it kept nice so it wouldn't be used as a dumping ground. Mayor Cresenzi then stated that the Village would maintain the area. Thereafter, on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RYE RIDGE PROFESSIONAL BUILDING SOUTH RIDGE STREET & BOWMAN AVENUE I REZONING & FINAL SITE PLAN APPROVAL WARREN B. HOLBY & JOHN C. MERRITT WHEREAS, the Board of Trustees of the Village of Rye Brook has reviewed the application of Warren B. Holby and John C. Merritt with respect to the Rye Ridge Professional Building located on an approximate 12.48 acre parcel of land on the westerly side of South Ridge Street and the southerly side of Bowman Avenue; said land being improved by an additional two-story building of approximately 27,130 square feet, for which Site Plan Approval and a Rezoning is sought; and WHEREAS, the Board of Trustees referred this applica- tion to the Rye Brook Planning Board on June 23, 1987; and WHEREAS, the application was reviewed by the Planning Board on August 13, 1987; September 10, 1987; October '2, 1987 and November 9, 1987; and WHEREAS, the Planning Board requested and received reports from, and consulted with: the Police and Fire Departments, the Village Engineer, the Village Planner, Westchester County Department of Planning and the Westchester County Department of Public Works; and WHEREAS, the Planning Board, together with its consultants and engineers, studied the proposed Site Plan with respect to its affects on the neighboring residences; and WHEREAS, the Planning Board directed the Applicants to meet with the Village Engineer and Village Planners to configure the parking as well as ingress and egress to minimize the affects on the neighboring residences; and - 8 - 001380 April 25, 1989 WHEREAS, the Planning Board, the Village Engineer and � Planning Consultants determined that the pan as revised and submitted to the Board of Trustees would be appropriate for consideration with respect to Rezoning and Site Plan Approval; and WHEREAS, the application was submitted to the Board of Trustees on February 23, 1988 and Public Hearings were held on April 26, 1988; May 10, 1988 and June 14, 1988; and WHEREAS, the application was withdrawn by the Appli- cants on June 28, 1988; and WHEREAS, the application was resubmitted to the Board of Trustees on January 24, 1989; and a Public Hearing was held on February 28, 1989 and adjourned to March 28, 1989; and WHEREAS, said hearing was conducted on a proposed plat illustrating said Rezoning and a Site Plan as shown on a map entitled "Proposed Addition at Rye Brook Shopping Center" prepared by Maitland-Strauss Architects, P.C. , 80 Mason Street, Greenwich, CT, scale one inch equals 40 feet, and dated May 12, 1987 and revised May 19, 1987 and October 15, 1987; and WHEREAS, the Board of Trustees, in accordance with the New York State Environmental Quality Review (SEQR) Act, required the Applicants to prepare and submit a Long Form, Environmental Assessment Form, the findings of which have been accepted by this Board by Resolution dated April 25, 1989; and WHEREAS, after meetings with the Applicants, their attorneys, planners and engineers, the Planning Board and the Board of Trustees accepted the proposed Rezoning and Site Plan Approval as set forth on the plat as referred to above; NOW, THEREFORE, BE IT RESOLVED, that the Rezoning, as set forth on the Site Plan of the Applicants referred to above, is hereby approved; and be it FURTHER RESOLVED, that Site Plan Approval is hereby granted and the Site Plan dated May 12, 1987, revised May 19, 1987 and further revised October 15, 1987, as submitted by the Applicants, be and hereby is approved subject to the conditions set forth in this Resolution and the notes and legends on said Site Plan; and be it - 9 - 00.1386 April 25, 1989 FURTHER RESOLVED, that the Mayor is hereby empowered to sign said Site Plan subject to, and only in the event that the Applicants obtain all necessary approvals from any other agency or governmental body having juris- diction, and conformance to the conditions and this Resolution is met to the satisfaction of the Board of Trustees; and be it FURTHER RESOLVED, that the Applicants, their heirs, successors or assigns shall contribute the amount of $23,739 (Twenty-Three Thousand Seven Hundred Thirty- Nine Dollars) to the Village of Rye Brook Recreation Trust Fund to help meet the additional recreational needs of the Village; said payment shall be made as follows: $5,000 (Five Thousand Dollars) prior to the signing of the Site Plan by the Mayor and the remaining $18,739 (Eighteen Thousand Seven Hundred Thirty-Nine Dollars) to be payable three months from the date of issuance of the Building Permit, or eighteen months from the signing of the Site Plan by the Mayor, which- ever occurs first. The Applicants hereby agree to be bound and obligated to make these payments and hereby waive whatever rights they may have, if any, to chal- lenge the validity of said payments in any Federal or State Court or Administrative Body in this or in any other jurisdiction; and be it FURTHER RESOLVED, that the Applicants will convey to the Village, by an executed deed in a recordable form, a parcel of property consisting of approximately 1.45 acres, and designated as Rye Brook Property" on the Site Plan. The conveyance of this property shall be subject to the condition that the Village maintain the approximately 1.45 acre parcel as green space and refrain from developing it for any use other than a Yecreational use or constructing any structure thereon. If the Village or succeeding governmental entity determines to use the property for a purpose other than a recreational purpose, or conveys the property to a third party for any such use by sale, lease, license or other transfer or conveyance, then, in that event, the land shall revert to the Applicants, their successors or assigns. A deed conveying the land to the Village of Rye Brook, in a form agreeable to the Village Attorney, shall be executed by the Applicants and presented and delivered in a recordable form, simultaneously with the signing of the plat by the Mayor. The signing of the plat shall be expressly conditioned upon the Applicants satisfying the terms and conditions of this paragraph; and be it - 10 - QOi3Ki April 25, 1989 FURTHER RESOLVED, that the parking configuration set forth on the Site Plan is based upon an offset derived by taking into consideration that use of the parking area by the theater will not unreasonably interfere with or impact upon the use of the parking area by the proposed Professional Building. This parking configura- tion, however, shall be subject to a mandatory review If by the Board of Trustees in consultation with the Village Engineer and a traffic consultant the Village deems appropriate, one (1) year after the issuance of the final Certificate of Occupancy for the proposed Professional Building. If as a result of this review, the Board of Trustees determines that the parking area configuration set forth in the Site Plan is inadequate, or has had an adverse impact on the flow of traffic in and out of the Shopping Center, or adversely impacts on 4 the neighboring residences, the Board of Trustees shall have the right to require the Applicants to reconfigure the parking area, to relocate and/or add additional parking spots to the Shopping Center to conform with the number of spots required by the Village's parking space formula now in effect without taking into consid- eration the theater offset parking factor; and be it FURTHER RESOLVED, that the proposed new parking area as set forth on the Site. Plan referred to herein, shall not encroach into the residential R2F Zone any further than as shown and noted on the Approved Site Plan. This condition shall run with the land and shall bind all successors and/or assigns of the Applicants. The Appli- cants further agree on behalf of themselves and all future assignees that they will not challenge the validity of this condition in any Federal or State Court or Administrative Body in this or in any other jurisdiction; and be it FURTHER RESOLVED, that the parcel of property forty (40) feet in depth, located between the edge of the proposed parking area on the southerly portion of the Site Plan and the parcel of property labeled "Rye Brook Property" which is to be deeded to the Village of Rye Brook in accordance with the provisions of this Resolu- tion, shall remain open green space and shall be appro- priately landscaped and maintained by the Applicants. This forty foot deep parcel shall not be used by the Applicants for any purpose other than open green space. This condition shall run with the land and shall bind the Applicants their heirs, successors and assigns. The Applicants agree on behalf of themselves and all future assignees that they will not challenge the validity of this condition in any Federal or State Court or Admin- istrative Body in this or in any other jurisdiction; and be it - 11 - 00138o April 25, 1989 FURTHER RESOLVED, that the Applicantsshall redirect the sewer line, which is presently connected to Roanoke Avenue, to a new sanitary sewer connection which shall also service the proposed Professional Building in the Rye Ridge Shopping Center; the same to be constructed in accordance with all applicable government regula- tions. Said new sewer line shall connect directly into the existing Westchester County Trunk Line located along the rear portion of the existing Professional Office Building. The Village Engineer shall maintain continuing jurisdiction with respect to construction of the new sewer line and the connections of the existing stores and other structures to assure that such con- struction and connection is completed in accordance with all applicable Federal, State, County and Local rules, laws and regulations; and be it FURTHER RESOLVED, that the Applicants shall relocate the existing refuse containers to a central location Ilk giving due consideration to the proper and orderly conduct of the business of the shopping center and its tenants. Said location shall be suitably enclosed in a manner selected by the Board of Trustees in conjunction with a committee of neighborhood residents; and be it FURTHER RESOLVED, that the Applicants shall install l such fencing and landscaping on the south side of the Shopping Center directly abutting the R2F Residential Zone in accordance with the applicable laws, rules and regulations of the Village of Rye Brook. In connection therewith, the appropriate fencing and landscaping plan shall be prepared and submitted to the Planning Board for its approval after consultation with the residents of the R2F residential area immediately abutting the south side of the Shopping Center; and be it FURTHER RESOLVED, that the Board of Trustees, in consultation with the Village Engineer and a Residents Committee, shall designate an area in the Shopping Center for a Taxi Stand. The Applicants shall cooperate by designating said area as a Taxi Stand and shall preclude altogether the use of any other area or areas in the Shopping Center as a Taxi Stand or Taxi waiting area. It being understood, however, that in no event shall the Applicants be precluded from eliminating the existence of a Taxi Stand or Taxi waiting area if it so elects; and be it FURTHER RESOLVED, that the Applicants will designate and mark Fire Lanes in accordance with the provisions of the applicable Village Laws and with consultation and direction from the Village Engineer; and be it - 12 - 00133 April 25, 1989 i i FURTHER RESOLVED, that the Site Plan include thereon, the following designation: "This Site Plan shall be subject to all requirements and conditions of the Final Site Plan Approval Resolution of the Village Board, dated April 25, 1989"; and be it FURTHER RESOLVED, that this Rezoning and Final Site Plan Approval Resolution shall lapse if the final Site Plan is not filed in the Office of the Village of Rye Brook within six (6) months of this Resolution date; and it is i FURTHER RESOLVED, that this Resolution shall be binding on the Applicants, their heirs, successors and assigns and upon the Village of Rye Brook, its heirs, succes- sors and assigns. ENVIRONMENTAL RESOLUTION RYE RIDGE PROFESSIONAL BUILDING SOUTH RIDGE STREET & BOWMAN AVENUE WHEREAS, the Applicants, Merritt & Holby, have submitted a Lon completed and g Form, Environmental Assessment Form (EAF) as required for the proposed addition at the Rye Ridge Professional Building; and WHEREAS, this Board of Trustees declared itself as the Lead Agency for this application; NOW, THEREFORE, BE IT RESOLVED, that this is an Unlisted Action and it is determined that it will not have a significant impact on the environment pursuant to the New York State Department of Environmental Conservation; therefore, it does not require any further action under SEQR. NOT ON THE AGENDA - COMMUTER PARKING Three speakers in the audience questioned the Mayor and Board about resident and nonresident parking at the train station and Mayor Cresenzi explained that the City of Rye was contacted regarding metering a lot and doing away with permits but no action has been taken on their part. MTA has made funds avail- able to municipalities who are interested in trying to help the - 13 - i 00139 April 25, 1989 commuter parking situation and the Village has made application j ram. Under consideration, Mayor participate to pa program.ate in the g p P Cresenzi said, is using a portion of land on Bowman Avenue for parking and busing residents to the train station. One resident thought negatively of the idea of a parking lot on Bowman Avenue and Mayor Cresenzi explained that nothing was definite -- it was only in the preliminary discussion stage. If the Village did not express an interest in some type of program with MTA, it would have been excluded from participation, he said, adding that a survey soliciting the interest of the residents is under way. Administrator Russo stated that several hundred questionnaires were sent to those residents whose name was either on the waiting list or who have obtained permit parking in either Rye City or Port Chester and about 30% have responded. Some indi- cated their interest in the satellite parking lot, others made some very helpful suggestions and these responses will be used as a tool in negotiations with MTA, Mr. Russo said. The residents then asked that they please be kept informed of any developments or progress regarding the commuter parking situation. Mr. Ken Heller once again brought up the issue of trees being destroyed unnecessarily and requested that a tree preservation law be considered before it' s too late and there are no trees left. Attorney Beane said he reviewed the proposed tree ordinance and submitted his comments. The next step, he said, would be to get the Planning Board and Board of Trustees together to discuss it further. ADJOURNMENT There being no further business to come before the Board at this time, on motion duly made and seconded, it was unanimously resolved to adjourn the Meeting at 11:10 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 181 - 14 -