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HomeMy WebLinkAbout1987-09-22 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING SEPTEMBER 22, 1987 8: 00 P.M. PUBLIC HEARINGS 1. Proposed Local Law #10 of 1987 - Peddlers & Vendors (to amend by rescinding Local Law #22 - 1984) 2. Proposed Local Law #11 of 1987 - Zoning Law of the Village of Rye Brook DISCUSSION/CONSIDERATION 3 . Sign Law - Clarification 4. Special Use Permit - Bambace & Borelli, Inc. 555 Westchester Avenue 5. Building Permit Fees 6. Awarding of Contract #87-02 ( 4-Wheel Drive Pick-Up Truck w/Plow) 7. Lot Coverage REPORTS 8. Recreation Master Plan (previously distributed) AUTHORI7,ATION/APPOINTMENTS 9. Westchester Shore Humane Society Agreement 10 . Check Register Authorization 11. Traffic Commission Appointment 12. Highway Department Appointments ( 2) APPROVAL OF MINUTES 13 . February 28, 1987 14. August 11, 1987 NEXT MEETING DATES October 13 , 1987 Agenda Meeting October 27, 1987 Regular Meeting Rye Brook Village Offices are Handicapped Accessible ' J 00088E MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 22nd DAY OF SEPTEMBER, 1987 IN THE VILLAGE OFFICES, 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE REGULAR MEETING The meeting of the Village Board was called to order by Mayor Kabcenell at 8:05 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 Thomas Hroncich, Supt. of Recreation Jean A. Marra, Deputy Village Clerk 000887 September 22, 1987 PUBLIC HEARINGS 1. PROPOSED LOCAL LAW #10 of 1987 - PEDDLERS & VENDORS (to amend by rescinding Local Law #22 - 1984) Mayor Kabcenell explained that the present Peddlers & Vendors Law was unclear as it related to the distance that peddlers and vendors had to be from schools and churches. Thereafter, on motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. Trustee Nardi questioned whether vendors would be permitted at the Port Chester High School during special events such as the 4th of July celebration, to which Mayor Kabcenell explained that if vendors applied for special permission, the Board had the authority to waive certain restrictions. The exemption clause in paragraph 3.B. was then questioned by Trustee Nardi and he asked if a homeowners association would be classified as a tax exempt organization to which Attorney Kramer stated that tax exempt classifications are determined by the IRS. The question of tag sales being permitted was brought up by Trustee Meiskin and Attorney Kramer stated that they would be permitted with restrictions. Administrator Russo mentioned that last spring the schools had requested the change in distance from school property because of a particular problem. He then recommended that the proposed law be moved on for that reason, and Mayor Kabcenell added that other revisions could be made at a later date. Thereafter, on motion by Trustee Meiskin, seconded by Trustee Cresenzi, with a unanimous vote of the Board, the following resolution was adopted: - 2 - 000888 September 22, 1987 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 #10 - 1987 and has heard all persons desiring to be heard thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #10 - 1987, entitled "Peddlers & Vendors" of the Village of Rye Brook, and orders that said local law as so adopted, be herein inserted and made a part of the minutes of this meeting as follows: VILLAGE OF RYE BROOK LOCAL LAW #10 - 1987 A Local Law Entitled PEDDLERS & VENDORS BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: 1. PURPOSE 2. LICENSE REQUIRED 3. EXEMPTIONS 4. APPLICATION 5. ISSUANCE OR DENIAL OF LICENSE 6. RESTRICTIONS ON PEDDLERS AND SOLICITORS 7. REVOCATION OF LICENSE 8. RECORDS 9. PENALTIES FOR OFFENSES 10. RENEWAL OF APPLICATION 11. EFFECTIVE DATE 1. PURPOSE The purpose of this local law is to amend by rescinding Local Law #22 - 1984 of the Village of Rye Brook. - 3 - September 22, 1987 000880.1 2. LICENSE REQUIRED It shall be unlawful for any person to engage in the sales of goods, wares, services or contracts or in the collection of money within the Village of Rye Brook, without first having duly obtained and having in force, a license therefor as herein provided. 3. EXEMPTIONS apply Nothing in this local law shall be deemed to pp Y to any of the following: A. Any person acting as a dealer in milk bakery products, heating fuel or newspapers. B. Fee and licensing requests shall be waived for any person soliciting or collecting for any bona fide charitable, or religious organization which has been classified as tax exempt by the IRS list. C. License shall not be required: 1. for any holder of a license granted pursuant to Section 32 of the General Business Law; 2. for the soliciting of orders, peddling, vending, or the offering for sale of: meats, fish, fruit or farm products by farmers or other persons who produce the same; 3. for any honorably discharged member of the armed forces who is physically disabled as the result of an injury received while in the naval or military service of the United States. 4. APPLICATION FOR LICENSE A. Any person desiring a license, as herein provided, shall file with the Village Clerk a written application therefor, duly verified by the applicant upon blank forms provided by the Village Clerk. A license may be taken out only by an individual and not in the name of a firm, corporation, association, club, or other group. Such application shall include, but not be limited to, the following information: 4 - 000890 September 22, 1987 1. Name, address, date of birth, Social Security Number and motorist identification number of said person; and the name of such corporation, firm, association, club, partnership or any other organization involved. 2. A description of the type of goods, wares and/or merchandise that the applicant wishes to sell or solicit orders for. 3. Description of vehicle that the applicant wishes to use in carrying out his/her business or occupation. 4. owner of vehicle and registration details thereof. 5. County Health Department permit number, if a food vendor. 6. If peddling or soliciting for a corporation: date of incorporation, state in which it is incorporated and name, address, date of birth, and Social Security Number of all officers. 7. Whether applicant has ever been convicted of a crime and, if so, under what name, with a listing of such convictions, including crime, jurisdiction, date and sentence imposed. B. Such application shall also be accompanied by three (3) photographs, two by two (2 X 2) inches in size, taken within thirty (30) days prior to the date of filing of the application; full face on white background. C. Each person seeking a license shall submit a set of fingerprints on a form approved by the Rye Brook Police Department. 5. ISSUANCE OR DENIAL of LICENSE A. The Village Clerk, with such assistance from the Police Department as may be reasonably necessary, shall investigate all applications and shall, thereafter, issue or deny said license to the applicant. B. The Village Clerk shall refuse issuance of a license to any person who has been convicted of a felony. - 5 - 00089.1 September 22, 1987 C. The license shall automatically expire on January ist following the date of its issuance. The date of issuance and expiration of the license, as well as the purpose for which it has been issued, shall be set forth on the face thereof. D. The license shall be carried on the person of the licensee at all times while being exercised, and shall be exhibited by the licensee to any person on demand thereof. A picture of the applicant shall appear on the valid license with the Village Seal imprinted on same. E. The license shall not be transferable or assignable. In the event that a licensee shall permit any person other than the him/herself to possess or use such license, such license shall automatically be revoked, and the licensee shall thereby be guilty of violating this local law and no application for a further license may be made for period of one (1) year from the date of revocation. F. The license is good only for the purposes stated thereon, and any change of product being sold or offered for sale, without written consent from the Village Clerk, shall constitute cause for revocation of the license, and the licensee shall thereby be guilty of violating this local law, and no application for a further license may be made for a period of one (1) year from the date of revocation. If a Board of Health or other County Permit is required, the sale of a product not covered by such permit shall be a violation of this local law, and no application for a further license may be made for a period of one (1) year from the date of revocation. G. The application fee for such license shall be Fifty ($50) Dollars. In addition, a check or money order in the amount specified by, and made payable to, the New York State Division of Criminal Justice Services to cover the cost of processing the fingerprints, shall accompany the license application. H. An applicant who has had a license denied or revoked by the Village Clerk may appeal to the Village Board in writing. The Village Board will thereafter hold a public hearing to review the determination of the Village Clerk. - 6 - i 000892 September 22, 1987 6. RESTRICTIONS ON PEDDLERS AND SOLICITORS A. Peddlers or solicitors shall NOT: 1. Enter upon private or public property for the purpose of soliciting or peddling before the hour of 9:00 A.M. or after the hour of 7:00 P.M. on any day, except: a. Upon the express invitation of the householder or occupant. b. In the case of motor vehicles selling food, the hours of operation shall be extended to 8:00 P.M. ; and to 9:30 P.M. July 15th through September 15th. 2. Resort to deceptive acts or practices, physical abuse, threats, intimidation or harassment in the course of conducting his/her business, or offer for sale any provision, food or merchandise that is unwholesome, unfit, or is otherwise harmful to the user or consumer thereof. 3. Stand or remain, or permit any vehicle used in such business to stand or remain, for more than ten (10) consecutive minutes on the same street or place, or for more than fifteen (15) minutes of any hour on any public place or street. 4. Permit any vehicle to stand or remain: a. within one hundred (100) feet of any intersection. b. to stand or remain on any crosswalk. c. to stand or remain within three hundred (300) feet of any school property, commercial establishment, church or synagogue property. 5. Peddle or solicit on private or public property which has displayed a sign bearing the words, "No Peddling or Soliciting" or words of like intent; nor shall any licensee remain on the premises after the owner or occupant thereof shall have requested said licensee's departure therefrom. - 7 - i 000893 September 22, 1987 6. Park a vehicle or cart, from which goods are sold or orders taken, on any of the following streets or adjacent to: a. King Street b. Westchester Avenue c. North and South Ridge Street d. Bowman Avenue e. Lincoln Avenue 7. Create, erect or maintain any booth or stand, or place any barrels, boxes, crates or other obstruction upon any street, or public or private property, for the selling of, or exposing for sale, any goods, wares, or merchandise. 8. Have any exclusive right to location in the public street, nor shall any be permitted a stationary location for more than ten (10) minutes; nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public. For the purpose of this local law, the judgment of any officer, exercised in good faith, shall police be deemed conclusive as to whether the area is congested or the public impeded or inconveni- enced. 9. Cry his or her wares, or make use of bells, whistles or other noise except that an ice cream vendor's bell may be rung. B. Such license shall include the right to use only one (1) vehicle of conveyance in carrying out the business for which the person is licensed. C. Such license shall not be construed so as to supersede any applicable ordinances. - 8 - September 22, 1987 0008194 D. All orders taken by a licensed solicitor or peddler, for which he or she demands, accepts or receives payment, or deposit of money in advance of final delivery, shall be in writing, in duplicate, stating the terms thereof, and said amount paid in advance; and one (1) copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor or peddler. Such orders can be taken only in compliance with applicable state and federal laws, and Federal Trade Commission rulings and nothing herein shall be taken to waive such restrictions. 7. REVOCATION OF LICENSE Licenses issued under the provisions of this local law may be revoked by the Village Clerk of the Village of Rye Brook for cause, after written notice, including, but not limited to, the following: A. Fraud, misrepresentation or false statements in the application for the license. B. Fraud, misrepresentation or false statements in the course of carrying out the applicant's trade, business, or occupation. C. Any violation of the local law. D. Conviction of any felony. E. Conducting the licensed business, trade or occupation in an unlawful manner, or in such a way as to breach the peace or to constitute a menace to the health, safety or welfare of the public. 8. RECORDS The Village Clerk shall keep an accurate record of all licenses issued under this local law. 9. PENALTIES FOR OFFENSES Any violation of this local law shall be punishable by a fine of not more than Two Hundred Fifty ($250) Dollars or up to fifteen (15) days in jail; or both. Each day on which such violation continues shall constitute a separate offense. 9 - 000895 September 22, 1987 10. RENEWAL OF APPLICATION Provided that such application is made before the prior license has expired, a license issued under the terms of this local law may be renewed by the Village Clerk for a fee of Fifty ($50) Dollars. 11. EFFECTIVE DATE This local law shall take effect immediately upon filing in the Office of the Secretary of State. 2. PROPOSED LOCAL LAW #11 of 1987 - ZONING LAW OF THE VILLAGE OF RYE BROOK It was explained by Mayor Kabcenell that the present Zoning Ordinance was adopted by the Village from the Town of Rye and that it has now been cleaned up and certain wording was changed to read the "Village of Rye Brook." Also, on page 6608 under "Height of Building," the wording was changed regarding the incline of a roof, from 1" to 12". Trustee Meiskin raised several questions concerning the vagueness of the law, to which Administrator Russo explained that the existing ordinance was retyped with only minor changes and that the entire Zoning Law was in the process of being completely revised. Mayor Kabcenell added that this was only changing the wording from the Town to Rye to the Village of Rye Brook and 1" to 12". To try to revise the complete ordinance at this time, he stated, would be next to impossible. Eugene Strum of the Planning Board pointed out that the pre- vious wording of 1" was correct and should not be changed. Some discussion followed and, at the Mayor's request, Mr. Circosta left the meeting room with Mr. Strum to discuss the matter further. At this time, the public hearing was temporarily adjourned. - 10 - 000896 September 22, 1987 DISCUSSION/CONSIDERATION 3. SIGN LAW - CLARIFICATION Many questions have been raised by real estate people that challenge the Village law regarding signs, Mayor Kabcenell announced, adding their contention is that prohibiting "For Sale" signs was against the First Amendment. In general, the Village law states that there can be no posting of signs on public property -- public property is approximately eleven feet from each side of the road, Mayor Kabcenell stated, adding that exceptions can be made by application to the Architectural Board of Review. There are certain exceptions in the law which do permit signs for professional offices, he added. The Village Attorney was requested to review the Constitu- tionality of the Village law, Mayor Kabcenell noted, adding Mrs. Kramer submitted a report which addresses those issues. It would be beneficial to the community to have a sign law based on aesthetics, Trustee Meiskin stated, adding that while riding through other communities, political signs from 1978 can be still be seen. An expression of thought may be limited, offered Attorney Kramer, by limiting the length of time signs may be permitted to remain after an election, but not before the election. She added that the Village does have a community bulletin board which can be utilized for conveying messages. In answer to a question posed by Trustee Meiskin, Mrs. Kramer stated that telephone poles were considered public property. Signs can be limited in size, and the setbacks of signs from the road can be restricted, Attorney Kramer noted, but more input would be needed in order to draft a local law on the subject. To answer Trustee Meiskin's question, Mrs. Kramer stated that if some other mechanism was provided for the infor- mation, real estate signs could be banned. A particular sign cannot be discriminated against but if the information can be conveyed in another manner, they can be curtailed, she added. - 11 - 000897 September 22, 1987 Mayor Kabcenell then requested that the Board put together their thoughts on this subject for further discussion at a future date. 2. PROPOSED LOCAL LAW #11 - 1987 I The Public Hearing was reconvened at this time. Following Mr. Strum's statement that he was still uncomfort- able with the change from 1" to 12", and on motion made by Trustee Cresenzi, seconded by Trustee Nardi, with a unanimous vote of the Board, it was RESOLVED, that the Public Hearing on proposed Local Law #11 of 1987 be, and it hereby is, adjourned to October 27, 1987. 4. SPECIAL USE PERMIT - BAMBACE & BORRELLI, INC. 555 Westchester Avenue It was requested by the applicant, Michael Borrelli, that the matter be heard this evening, but Mayor Kabcenell explained that it has been the policy of the Board to refer these matters to the Planning Board for their review and consideration first. Thereafter, on motion by Trustee Nardi, seconded by Trustee Cresenzi, with a unanimous vote of the Board, it was RESOLVED, that the application of Bambace and Borrelli for a Special Use Permit be referred to the Planning Board for their consideration at the October 7, 1987 Planning Board Meeting. 12 - 000898 September 22, 1987 5. BUILDING PERMIT FEES per a memo submitted b ROCCO Circosta, Mayor Kabcenell requested that the Board review the data submitted which is a comparison of the fees that Rye Brook charges versus other communities. 6. AWARDING OF CONTRACT #87-02 (4-Wheel Drive Pick-Up Truck w/Plow) Of the four bids received, and on the recommendation of the Village Engineer, Mayor Kabcenell concurred that it be awarded to the lowest bidder meeting the specifications, Bruno G.M.C. Truck Sales. Thereafter, on motion by Trustee Meiskin, seconded by Trustee Nardi, with a unanimous vote of the Board, it was RESOLVED, that Bruno G.M.C. Truck Sales Corp. , of Brooklyn, NY, be and they hereby are awarded Contract VM #87-02 for furnishing and delivering one Four-Wheel Drive Pick-Up Truck with Plow to the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the Village Administrator be, and he hereby is, authorized to enter into said contract with Bruno G.M.C. Truck Sales Corp. , of Brooklyn, NY, for the purchase of one Four-Wheel Drive Pick-Up Truck with Plow. 7. LOT COVERAGE Mayor Kabcenell stated that there were some concerns because in many instances, a small lot gets a rather large home and he had requested information regarding the limitations that other municipalities impose, and submitted for the Board' s review were sample lot coverage percentages which several localities have implemented. - 13 - 000899 September 22, 1987 It was requested by Trustee Meiskin that the Planning Board and/or the Zoning Board of Appeals also review this documen- tation and submit their recommendations so that this could be moved on forthwith. Presently, these were the only comparisons received, Mr. Circosta said, adding that additional information was currently in the process of being gathered. Trustee Filipowski questioned the size of the homes being constructed on Betsy Brown Road, to which Mr. Circosta related that the largest home, of the ones he sampled, had a present lot coverage of 43% which included the deck; without the deck, it was a 35% coverage of the lot. To answer Trustee Filipowski's other question, Mr. Circosta stated that decks were definitely considered in determining lot coverage percentages. "As long as a spade has not been put in the ground," Mrs. Kramer explained, the Zoning Law could be changed. The use would not change; the portion which can be used would be changed,ed she added. When asked by Trustee Filipowski if he was satisfied with the existing lot coverage percentages, Mr. Circosta hesitated before saying he thought that they were high. Mayor Kabcenell requested that this matter be referred to the Planning Board in order to get their opinion so some decisions could be reached. EXECUTIVE SESSIONS At this time, Trustee Meiskin requested that the Board meet Executive Session ever for an Execu Y third Tuesday of the month to discuss personnel and other related matters. Upon motion duly made and seconded, with a unanimous vote of the Board, it was - 14 - 0004900 September 22, 1987 RESOLVED, that this Board shall meet in Executive Session every third Tuesday of the month to discuss personnel matters and other related activities. III REPORTS 8. RECREATION MASTER PLAN The Master Plan for the Recreation and Parks Department was presented for discussion and Mayor Kabcenell outlined the short and long-term recommendations which were made. Michael Borrelli, Chairman of the Recreation Commission, said that a lot of time was put into this study and some of the items do require immediate attention such as the Posillipo Center. The Senior Citizen Program at the Center is very active, stated Mayor Kabcenell, but the problem with parking still exists. A parcel of land behind the Center was purchased by the Village, he explained, but because of State regulations, use of the property for vehicular access across Grant Street was prohibited. Mr. Ben Laurel stated that parking on all of Garibaldi Place was terrible even without Posillipo Center being in use. Recreation land cannot be used for anything other than recreational purposes, Trustee Meiskin explained; however, if additional parking was provided for the Center, it could then be utilized by the residents when it was not needed for the Center. The proposal for an adult ball field was then open for discussion by Mayor Kabcenell and Mr. Dick Greenberg, of 12 Sleepy Hollow Road, spoke on behalf of his neighbors by stating they were opposed to the ball field because (1) it would be unsafe, (2) it would affect the quality of life and (3) it was not needed. He continued by saying that the noise level would increase, there would be additional litter in the area, there would be an increase in traffic and it would serve no worthwhile purpose. 15 - 000901 September 22, 1987 Following Mr. Greenberg's statement, Trustee Meiskin pointed out that while some ball players may not be local residents, the corporations in Rye Brook which they are employed by are very beneficial to the community insofar as they support many of the rec programs. The question of the Port Chester Middle School location was then brought up by Trustee Meiskin, and he inquired if that idea had been dropped, to which Mr. Borrelli replied that it had been proposed by Port Chester on a 50/50 sharing basis but that Rye Brook would only utilize it about 250. Mr. Ken Heller stated that the Middle School in Rye Brook might be willing to work out some arrangement, and added that he felt that it would meet the needs of the community. Some further discussion followed regarding the 11 acres of land near the airport, and Mayor Kabcenell explained that even if the property could never be utilized for recreation purposes, at least it would prevent the airport from ever expanding and that was worth something. In order to expedite the meeting, Mayor Kabcenell announced that the long-term plans would be discussed at another time. AUTHORIZATION/APPOINTMENTS 9. WESTCHESTER SHORE HUMANE SOCIETY AGREEMENT In order for the Mayor to sign the agreement, Administrator Russo explained that it had to be retyped because of the numerous errors it contained. He then requested that Mayor Kabcenell be authorized to sign the revised agreement, and on motion by Trustee Meiskin, seconded by Trustee Cresenzi, with a unanimous vote of the Board, it was RESOLVED, that the Mayor be, and he hereby is, authorized to sign the Agreement with the Westchester Shore Humane Society for the - seizure and impounding of all unlicensed dogs, under the age of six months, running at large in the Village of Rye Brook for the calendar year 1987 in the annual amount of $14,500. - 16 - 000902 September 22, 1987 10. CHECK REGISTER AUTHORIZATION As per a request from the Village Treasurer, and on motion by Trustee Meiskin, seconded by Trustee Cresenzi, with a unanimous vote of the Board, the following resolution was adopted: 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: Payroll Checks #8964 - #11286; Combined Check Register #6563 - #7617; Combined Check Register (Hand Checks) #2955 - 5081. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby authorizes payment of the above-mentioned claims as approved and audited. 12. HIGHWAY DEPARTMENT APPOINTMENTS (2) Due to retirements in the Highway Department, it was necessary to hire replacement personnel, Mayor Kabcenell stated, and on motion by Trustee Meiskin, seconded by Trustee Filipowski, with a unanimous vote of the Board, it was RESOLVED, that Peter Sileo and William Genovese be, and they hereby are, hired as laborers for the Highway Department of the Village of Rye Brook, retroactive to September 8, 1987; and BE IT FURTHER RESOLVED, that Peter Sileo and William Genovese be compensated at the annual salary of $26,300. 17 - 00090 September 22, 1987 APPROVAL OF MINUTES 13. The Minutes of February 28, 1987 were presented, and on motion duly made and seconded, were unanimously approved as presented. 14. The Minutes of August 11, 1987 were presented, and on motion duly made and seconded, were unanimously approved as amended by Trustee Filipowski. NEXT MEETING DATE 15. On motion by Trustee Cresenzi, and seconded by Trustee Filipowski, with a unanimous vote of the Board, is was RESOLVED, that the Agenda Meeting of the Board of Trustees will not be held on October 13, 1987 due to conflicting school meetings; and be it FURTHER RESOLVED, that the next regularly scheduled meeting of the Board of Trustees will be held on October 27, 1987. i NOT ON THE AGENDA CHURCH OF THE ADVENT Mayor Kabcenell explained that since there would be no increased recreational needs with respect to the property being retained by the Church of the Advent, a reduction in the recreation fees was requested, and on motion by Trustee Cresenzi, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, the Church of the Advent has requested subdivision approval from the Village of Rye Brook; and WHEREAS, the Village of Rye Brook charges a recreation fee for subdivisions; and - 18 - 000904 September 22, 1987 WHEREAS, the Church of the Advent is going to retain certain of the acreage in the subdivision for Church purposes; and WHEREAS, there will be no increased recreational needs with respect to the property retained by the Church because the Church provides recreational facilities on its premises; NOW, THEREFORE, BE IT RESOLVED, that the recreation fee for the subdivision applied for by the Church of the Advent will be $18,340, payable 1/3 at the issuance of a certificate of occupancy for each newly constructed residence. Mr. John Merritt, representing the Church of the Advent, then requested that the entire recreation fee be waived, to which Trustee Meiskin explained that the new homes would be privately owned and, therefore, would not be tax exempt. KEN LOWENTHEIL AND DAUGHTER, INC. Mayor Kabcenell explained that this request for a reduction in the bond was based on the fact that the drainage work and other improvements were partially completed. Thereafter, on motion by Trustee Meiskin, seconded by Trustee Cresenzi, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, Ken Lowentheil and Daughter, Inc. has applied for a reduction in the amount of the bond posted to insure completion of certain improvements; and WHEREAS, the application is based upon partial completion of the improvements; - 19 - 000905 September 22, 1987 NOW, THEREFORE, BE IT RESOLVED, that the Village Engineer is hereby directed to obtain the necessary certifications of the cost of improvements not yet com- pleted and is to report to the Board of Trustees at the next meeting as to the extent to which a reduction may be justified. RYE BROOK AUXILIARY POLICE I , Following a brief discussion, on motion by Trustee Cresenzi, seconded by Trustee Nardi, with a unanimous vote of the Board, it was RESOLVED, that Robert Ravich be, and he hereby is, appointed as Assistant Deputy Local Director of the Village of Rye Brook Auxiliary Police; and BE IT FURTHER RESOLVED, that Stan Zak be, and he hereby is, appointed as Director of Communications of the Village of Rye Brook Auxiliary Police. * x * * x TRAFFIC COMMISSION Mayor Kabcenell announced that Frank Sinicola, Chairman of the Traffic Commission was retiring and a replacement was necessary. Thereafter, on motion by Trustee Cresenzi, seconded by Trustee Nardi, with a unanimous vote of the Board, it was RESOLVED, that Donald Gerstenzang, of 21 Elm Hill Drive, be and he hereby is, appointed as Chairman of the Traffic Commission of the Village of Rye Brook; and BE IT FURTHER RESOLVED, that said term of office shall expire on May 31, 1990. 20 - 000906 September 22, 1957 ADJOURNMENT On motion by Trustee Cresenzi, seconded by Trustee Meiskin, it was unanimously resolved that the Board adjourn into Executive Session at 10:10 P.M. to discuss personnel matters. Respectfully submitted, Jean A. Marra Deputy Village Clerk - 21 -