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HomeMy WebLinkAbout1987-08-11 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES II AGENDA/REGULAR MEETING AUGUST 11, 1987 8:00 P.M. R E V I S E D A G E N D A // PUBLIC HEARING 1. Proposed Local Law #9 of 1987 - Planning Board's Authority DISCUSSION/CONSIDERATION y/ 2. Resolution: Permitted Uses in Designated Flood Plain Areas 3. Resolution: Award Contract #87-01 - Slurry Seal 4ti> Lease Revisions - Rye Brook Village Offices 5. Land Inventory Proposal - Consensus of Planning Board REPORTS 6. Gregory J. Austin - Paramedic Achievement 7. Teamster Union Settlement WRITTEN COMMUNICATIONS 8. Letter from South East Consortium 9. Request from United Way SALARY AUTHORIZATION/APPOINTMENTS a10. Recreation Department - Seasonal Staff 11. Appointment to Zoning Board of Appeals p �,pp 12. Appointment of Director of Public Works/Bding Inspector `J\ • �� APPROVAL OF MINUTES 13. June 23, 1987 U� z 14. July 14, 1987 " NEXT MEETING DATE 15. No Regular Meeting scheduled for August 25, 1987; September 8, 1987 Agenda Meeting 000865 MINUTES OF AN AGENDA/REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 11th DAY OF AUGUST, 1987 IN THE VILLAGE OFFICES, 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE AGENDA/REGULAR MEETING The meeting of the Village Board was called to order by Mayor Kabcenell at 8:10 P.M. and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Jack Kabcenell Trustee Milt Meiskin Trustee Mario Nardi Trustee Sal Cresenzi Trustee Frank Filipowski Also present were: Christopher J. Russo, Village Administrator Georgia Kramer, Village Attorney Rocco V. Circosta, Director of Public Works Mark ten Eicken, Asst. Building Inspector Joseph Cortese, Village Treasurer Jean A. Marra, Deputy Village Clerk August 11, 1987 It was explained by Mayor Kabcenell that due to summer vacations, this meeting was a combined agenda and regular meeting as there was no meeting on July 28th. On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. PUBLIC HEARING 1. PROPOSED LOCAL LAW #9 - 1987: PLANNING BOARD'S AUTHORITY Mayor Kabcenell stated that this proposed local law was drafted in order to clarify and define the authorization of the Planning Board. On motion by Trustee Nardi, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, the Board of Trustees has met on this date at the time and place specified in the Notice of Public Hearing to consider the adoption of proposed Local Law #9 - 1987 and has heard all persons desiring to be heard thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #9 - 1987, entitled "Planning Board's Authority" of the Village of Rye Brook, and orders that said Local Law #9 - 1987 as so adopted, be herein inserted and made a part of the minutes of this meeting as follows: - 2 - 000867 August 11, 1987 VILLAGE OF RYE BROOK LOCAL LAW $9 - 1987 A Local Law Entitled PLANNING BOARD'S AUTHORITY BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: 1. PURPOSE The purpose of this local law is to define the authority of the Planning Board of the Village of Rye Brook. 2. FUNCTION A. The Planning Board shall act only in an advisory capacity to the Village Board. B. All. actions regarding planning, zoning, subdivisions, site plan approvals and conditions shall be made by the Village Board. C. The Village Board may, by specific resolution, dele- gate to the Planning Board the right to make minor modifications of approved subdivisions or site plans. 3. EFFECTIVE DATE This local law shall become effective immediately upon filing with the Secretary of State. On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. - 3 - i it August 11, 1987 000868 DISCUSSION/CONSIDERATION 2. PERMITTED USES IN DESIGNATED FLOOD PLAIN AREAS This item of over a month ago, relates to restrictions on construction in flood plain areas and specifically to the definition of "structure," Mayor Kabcenell stated, adding that clarification of it was requested in order to hopefully resolve some questions which have arisen concerning what can ii and cannot be built in a flood plain area. This was a continued attempt to clarify the wording in the Betsy Brown Subdivision Resolution of February 4, 1986, Mayor Kabcenell further stated. In answer to a question raised by Trustee Meiskin, Mr. Rocco Circosta stated that this would apply to any part or portion of a structure; not necessarily the entire structure. Trustee Nardi mentioned that it was the Boards' intention to be more restrictive than FEMA because of the flooding around Betsy Brown and Attorney Kramer pointed out that the Federal Government adopted a complete set of guidelines. Other regulations were also imposed by FEMA concerning the con- struction of swimming pools in flood plain areas; so, there would be other construction guidelines which had to be followed as well, Ms. Kramer added. No obstructions upstream and it (construction) may not impede the flow of water, is what has to be met, Mayor Kabcenell noted. FEMA's definition of the word "structure" was read by Mr. Circosta as follows: "'Structure' means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground." A discussion regarding the erection of fences or swing sets being permitted followed with Attorney Kramer saying that at the time the Betsy Brown Resolution was adopted, no one ever intended to exclude those; they just didn't come to mind. Trustee Filipowski stated that he was opposed to any type of structure--not just by FEMA's definition--being permitted. He indicated that one homeowner had already erected a deck on stilts without following any guidelines and that now it would be permitted and he was not in favor of allowing an illegal existing use. - 4 - i August 11, 1987 000860 Mr. Circosta explained that every application would be reviewed on a case-by-case basis as per Local Law #7 - 1987. appropriate The Federal Government has determined what pp priate flood control measures are and this was a reasonable standard which many others tried to come up with but were unable to, Attorney Kramer said, adding that structures built in a flood plain area had to be constructed differently and there were many more restrictions in the building process. "The rules are being changed after the game has begun," Trustee Nardi offered and stated that he was concerned about how the residents would be affected by this. If this (construction) does not increase flooding, it should not impact on someone else, Mayor Kabcenell donated. Last year "this" was said, but with all of the new additional information available, we could change our minds, he added. A member of the Planning Board, Bernard Klem, related that he has received several telephone calls from residents regarding their uncertainty of being permitted to erect fences or install pools in this particular area and Mayor Kabcenell pointed out that hopefully it will be cleared up this evening. Two concerns were mentioned by Trustee Cresenzi: Impeding water flow and protecting prospective home purchasers in the area. He then asked what different types of fencing would be permitted, to which Mr. Circosta stated that FEMA was not very specific in their wording. Just because the definition of "structure" was not known, the residents of Betsy Brown are being penalized, Trustee Meiskin stressed, adding that the word "structure" had to be defined regardless. Trustee Nardi suggested that exceptions could be made by the Village on a case-by-case basis but Mr. Jules Harris didn't think it wise for the Village to become so involved; he agreed that they needed specific guidelines to follow. At the time the Betsy Brown resolution was adopted, Attorney Kramer stated, it was the Board's intention to be more restrictive; however, swing sets and fences were not anticipated. - 5 - r- i 000870 August 11, 1987 Experts were contacted regarding this (the restrictions) , Attorney Kramer added, and their direction was turned toward FEMA; no one could do a better job with this determination than the Federal Government and fences and swing sets were . fnot meant to be included with their determination. It was Trustee Filipowski's opinion that this particular area would be the recipient of regular flooding and nothing (no construction) should be permitted in it but the Mayor questioned how a post for a swing set or a fence would impede the flow of water. The Assistant Building Inspector, Mark ten Eicken, answered by reading from his July 10th memo to the Board, as follows: "Flood Plain Management Regulations relative to Betsy Brown Subdivision Resolution of Approval. Paragraph 1.6 Show the limits of the flood storage zone for the 100 Year Floodway and add a note to the plat indicating that the area within the flood storage zone is subject to the Flood Plain Management Regulations of the Village of Rye Brook and that no structures may be built in the 100 Year Flood Plain. ' ". . . . I have done much research and I feel the phrase no structures may be built in the 100 Year Flood Plain' may appear to limit the previous phrase 'subject to Flood Plain Management Regulations. ' "The intent of this was to require no restrictions in the flow of flood water for safety and the protection of nearby properties. This is covered by standard Flood Plain Regulations." Pat McNeill stated that in his twenty years with the Highway Department, he has never seen Blind Brook go over its banks but Trustee Filipowski stated that this past spring, there had been flooding along the banks of the stream adjacent to the Betsy Brown development and water was going into the newly created retention area. Ms. Shirley Rothenberg requested that some type of repair or maintenance plan be imposed for the stream as she has seen someone dump grass clippings into the brook to which Mayor Kabcenell explained that nothing could be done if the event went unreported and urged Ms. Rothenberg to report any such incidents to the Village Offices. 6 - 000871 August 11, 1987 In answer to Trustee Nardi's question, Mr. Circosta said that the Village Administrator or his appointed designee would thoroughly review every application for a building permit and the applicant might also have to go to the Westchester County Department of Public Works for their approval. At this time, Mayor Kabcenell summarized what would happen if this resolution was passed and also what would happen if it was not passed and Trustee Cresenzi stated that children would be protected from falling into the brook if fencing were permitted in the area. A developer in the audience stated that he thought the added restrictions were very unfair to the present homeowners and to the future purchasers. Trustee Filipowski requested addition time to review FEMA's standards but Trustee Meiskin stated that more time would just further deny these people the use of their homes. He added that if he had the knowledge and information he has now, back at the February 4, 1986 meeting, he would never have voted for the resolution with that restriction in it. Trustee Cresenzi added that he never gave any thought to fences or swing sets at that time either. Thereafter, on motion by Trustee Meiskin, seconded by Trustee Nardi, with Trustee Filipowski voting nay, the following resolution was adopted: BETSY BROWN SUBDIVISION RESOLUTION BE IT RESOLVED, that the word "structure," as used in the Resolution adopted by the Board of Trustees on the 4th day of February, 1986 for the Betsy Brown Subdivision, shall have the same definition and meaning as the word "structure" used and defined in the Federal Emergency Management Agency (FEMA) Regula- tions which were adopted by the Village of Rye Brook on the 14th day of July, 1987 as Local Law #7 - 1987. - 7 - i 000872 August 11, 1987 Mayor Kabcenell then requested that this information be made available to the residents of the area. 3. AWARD CONTRACT #87-01 - SLURRY SEAL Bid proposals for slurry sealing Village streets were received from two vendors, Mayor Kabcenell stated, and with the recommendation of the Director of Public Works, and on motion by Trustee Cresenzi, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: AWARDING OF CONTRACT #87-01 SLURRY SEAL WHEREAS, the Village of Rye Brook received two bids for the slurry sealing of various Village streets; and WHEREAS, Costello Industries, Inc., of Newington, CT was the lowest responsible bidder in the amount of 69 and 9/10 cents per square yard; NOW, THEREFORE, BE IT RESOLVED, that Costello Industries, Inc. of Newington, CT, is hereby awarded the contract for furnishing and applying a coat of slurry seal, as per specifications, on certain streets within the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized to enter into said contract with Costello Industries, Inc. for furnishing said service. It was noted by Mayor Kabcenell that last year's lowest bid was 73 cents per square yard to which Administrator Russo explained that the company was now familiar with the Village streets and therefore passed the savings along. - 8 - 000873 August 11, 1987 4. LEASE REVISIONS - RYE BROOK VILLAGE OFFICES At the request of the Board, this matter was adjourned to the September meeting. 5. LAND INVENTORY PROPOSAL - CONSENSUS OF PLANNING BOARD Mayor Kabcenell indicated that four members of the Planning Board supported the proposal authorizing Bernard Klein to do a land use inventory on all the properties of two or more acres within the Village. He explained that there was some concern whether this would infringe on the rights of property owners; if it would be beneficial to the Village, and how to fix a budgetary amount for the costs incurred. Administrator Russo explained that some of Mr. Klein's efforts might be duplicated with the new computer program which is being considered by the Village and added that he would meet with Mr. Klein to discuss this. There would be no benefit in the compilation of land, Trustee Meiskin stated, adding that even though he highly valued volunteerism, he was hesitant with allowing such a blank directive. He said what he would like to see is a coordination of efforts. It would benefit the Village, Trustee Cresenzi contended, with Trustee Nardi adding that it would also be beneficial to the various Village Boards that have to deal with this information. Thereafter, on motion by Trustee Cresenzi, seconded by Trustee Nardi, with Trustee Meiskin voting nay, the following resolution was adopted: BE IT RESOLVED, that this Board hereby authorizes Bernard Klein, a member of Village of Rye Brook Planning Board, to gather information on properties of two or more acres within the Village; and BE IT FURTHER RESOLVED, that this information is intended for use by Village Officials for planning and land use purposes; and BE IT FURTHER RESOLVED, that the amount of $500 be allocated for this project. - 9 - August 11, 1987 REPORTS 6, GREGORY J. AUSTIN - PARAMEDIC ACHIEVEMENT With tremendous pride, Mayor Kabcenell outlined the recent accomplishments of Gregory Austin, Senior Recreation Leader, in completing the Advanced Emergency Medical Technician III course along with receiving the Anthony J. Marano, M.D. academic excellence award for superior achievements in class and clinical areas. Mayor Kabcenell then announced that Mr. Austin was resent Y A at the recent traffic fatality which occurred on Lincoln Avenue, adding that Greg offered his services at a most crucial moment and that the Village Board is very proud of him. To evidence their appreciation, the Mayor requested that Greg Austin be presented with a proclamation recognizing his achievements. 7. TEAMSTER UNION SETTLEMENT Mayor Kabcenell stated that the Highway unit of the Teamsters Union voted to accept the the settlement of the two-year union contract which covers eight employees. He added that the contract includes a four percent salary increase retroactive to January 1, 1987; an additional two percent increase retroactive to July 1st; and a six percent increase effective January 1, 1988. n the recommendation 0 ommenda on of Administrator Russo, and on motion by Trustee Cresenzi, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: BE IT RESOLVED, that this Board hereby adopts the Fact Finders Report, dated July 8, 1987, for the period January 1, 1987 to December 31, 1988, between the Village of Rye Brook and the Rye Brook Highway unit of the International Brotherhood of Teamsters Local 456. - 10 - 000875 August 11, 1987 WRITTEN COMMUNICATIONS 8. LETTER FROM SOUTH EAST CONSORTIUM Mayor Kabcenell stated that a letter was received from the Executive Director of the South East Consortium which complimented Tom Hroncich, Superintentent of Recreation, on the success of the Rye Brook BirthdayCelebration. The Mayor noted that the Birthday Run netted proceeds of $1,253 for the Consortium, an increase of over $400 from the previous year. Mr. Hroncich is on the Board of Directors for the South East Consortium, representing Rye Brook, Mayor Kabcenell added. 9. REQUEST FROM UNITED WAY A letter was received from John C. Merritt, President of United Way of Rye, Port Chester - Rye Brook requesting that the week of September 24th through September 30th, 1987 be designated as United Way Week in the Village of Rye Brook, Mayor Kabcenell announced, and on motion duly made and seconded, the following resolution was unanimously adopted: UNITED WAY WEEK September 24th - 30th, 1987 WHEREAS, the United Way is celebrating its 25th Anniversary in September of 1987; and WHEREAS, the United Way supports over 100 health and human service agencies and programs in the Westchester County area; and WHEREAS, all decisions regarding the allocation of funds to the various agencies are made strictly by volunteers; and WHEREAS, to arouse greater community interest and support for the United Way; it is RESOLVED, that I, Jack Kabcenell, by the power invested in me as Mayor of the Village of Rye Brook, do hereby proclaim the week of September 24th through 30th, 1987 as UNITED WAY WEEK in the Village of Rye Brook and urge the community's suport in helping to make the "1987-88 United Way Campaign" the most successful one ever. - 11 - August 11, 1987 000876 SALARY AUTHORIZATION/APPOINTMENTS 10. RECREATION DEPARTMENT - SEASONAL STAFF A request for salary authorization was received from the Superintendent of Recreation, Thomas Hroncich, and on motion by Trustee Filipowski, seconded by Trustee Nardi, it was unanimously RESOLVED, that as provided for in the 1987 Village Budget, this Board hereby authorizes the following salary expenditures for the following persons at the salaries so stated: Laura Nethercott 47 Hillcrest Avenue $ 840 Leader Bill Youngs 178 Betsy Brown Road 703 Counselor Robert Newitter 9 Withrop Drive 703 Counselor David Gioffre 18 Beechwood Blvd. 840 Leader Matt Pagliarif 7 Acker Drive 703 Counselor Russell Giorno 44 Puritan Drive 703 Counselor Jon Marcu 12 Charles Lane 840 Leader Kevin King Sugar Hill Rd., Purdys 735 Counselor Jason Mankoff 52 Country Ridge Dr. 703 Counselor Charlie Berkowitz 19 Berkley Lane 703 Counselor Liz Czajkowiz 16 Whittemore Place 840 Leader Regina Grillo 71-1/2 Windsor Road 703 Counselor Sheryl Labella 128 N. Regent Street 703 Counselor Stacie MacDonald 8 Berkley Drive 840 Counselor Laura Papa 4 May Place 735 Counselor Nichole Fisher 8 Country Ridge Dr. 900 Lifeguard Lisa Nethercott 943 King Street 703 Counselor Mariana Draetta 11 Berkley Lane 840 Leader Caryn Tamucci 774 King Street 703 Counselor Cathy Youngs 178 Betsy Brown Road 703 Counselor Liz Shearer 237 Country Ridge 735 Counselor Sana Irfani 5 Boxwood Place 1400 Jr.Camp Dix. Claire Sposato 2 Bolton Place 703 Counselor Judy Bloom 81 Tamarack Road 703 Counselor Keith Morlino 7 Tower Hill Road 1260 Van Driver Nick Luddo 433 W. William St. 703 A/C Asst. Teresa Rudzki 75 Stonehedge Dr. 1500 A/C Director Robert Bertolacci 28 Brook Lane 1365 Senior Camp Asst. Dir. - 12 - August 11, 1987 000877 11. APPOINTMENT TO ZONING BOARD OF APPEALS In order to fill the vacant spot on the Zoning Board, and on motion by Trustee Nardi, seconded by Trustee Cresenzi, with a unanimous vote of the Board, the following resolution was adopted: BE IT RESOLVED, that Edward Lorch, Jr., of 1 Jennifer Lane, be and he hereby is appointed to fill the unexpired term of Eugene Strum on the Zoning Board of Appeals of the Village of Rye Brook; and BE IT FURTHER RESOLVED, that said term of office expires on the 31st day of May, 1990. 12. APPOINTMENT - DIRECTOR OF PUBLIC WORKS/BLDG. INSPECTOR In order to fill the vacant spot in the Department of Public Works, and on motion by Trustee Filipowski, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: BE IT RESOLVED, that Rocco V. Circosta be, and he hereby is, appointed as Director of Public Works/Building Inspector for the Village of Rye Brook, retroactive to August 6, 1987; and BE IT FURTHER RESOLVED, that Rocco V. Circosta be compensated at an annual salary of $48,000. On behalf of the Board of Trustees, Mayor Kabcenell extended a warm welcome to Mr. Circosta. - 13 - August 11, 1987 lJiS0C'Ib` APPROVAL OF MINUTES G� 13. The Minutes of June 23, 1987 were presented, and on motion duly made and seconded, were unanimously approved as presented. Th Minutes o£ Jul 14 1987 were presented, and on 14. e P � Y � motiondulymade and seconded, were unanimously approved as presented. NEXT MEETING DATE 15. On motion by Trustee Meiskin, seconded by Trustee Cresenzi, with a unanimous vote of the Board, the following resolution was adopted: BE IT RESOLVED, that the Regular Meeting of the Board of Trustees will not be held on August 25, 1987; and be it FURTHER RESOLVED, that the next regularly scheduled meeting of the Board of Trustees will be held on September 8, 1987. Mr. Bernard Klem inquired if the South Ridge Street Planning Study was ever adopted by the Board of Trustees, to which Mayor Kabcenell replied that it has been accepted. Mr. Stanley Zak announced that the Cable TV Commission has been holding meetings and those minutes would be forth- coming. Mayor Kabcenell highlighted that the Village Administrator, Christopher Russo, closed title to his new home on Jennifer Lane in Rye Brook, and following some kibitzing, he and the other Board members joined in welcoming Mr. Russo to the neighborhood and wished him good fortune in his new home. - 14 - August 11, 1987 O Q U 8 B U The Board members then joined in extending their congratula- tions to Administrator Russo on his upcoming wedding and wished him and Josette many happy, healthy years together. A speaker thanked the Board for having the 4 Way Stop Signs installed (on Winding Wood and Latonia) and she continued that her neighborhood looked much better since the police have been enforcing the placement of trash at the curb. Mayor Kabcenell stated that was the recommendation of the Traffic Commission and he would pass along the message. ADJOURNMENT On motion by Trustee Cresenzi, seconded by Trustee Nardi, it was unanimously resolved to adjourn into Executive Session at 9:45 P.M. to discuss personnel matters. Respectfully submitted, ',/ /Zl��i�a/ Jean A. Marra Deputy Village Clerk - 15 -