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HomeMy WebLinkAbout1988-09-27 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING SEPTEMBER 27, 1988 8:00 P.M. PUBLIC HEARINGS 1. AMENDMENT TO PUD REGULATIONS 2. FERRANTE/EGAN 6 ARLINGTON PLACE - RESUBDIVISION APPROVAL 3. PROPOSED LOCAL LAW #8-1988 - CODE ENFORCEMENT RESOLUTIONS/AGREEMENTS 4. COLUMBUS DAY PARADE - REQUEST FOR USE OF VILLAGE STREETS S. AWARDING OF CONTRACT #88-04 - GARBAGE & TRASH COLLECTION 6. APPROVAL OF EMPLOYEES BENEFITS & POLICIES PACKAGE 7. NATIONAL FEDERATION OF THE BLIND MONTH - OCTOBER PLANNING BOARD REFERRAL 8. MERRITT/HOLBY SITE PLAN APPLICATION - RYE RIDGE SHOPPING CENTER REPORTS/DISCUSSIONS 9. REPORT ON SUMMER INTERNSHIP PROGRAM - VILLAGE ADMINISTRATOR 10. AVITABLE - (2) NONCONFORMING LOTS - ATTORNEY 11. FLAG LOTS - ATTORNEY 12. OFF-STREET PARKING REQUIREMENTS - ATTORNEY APPOINTMENTS/AUTHORIZATION 13. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 14. AUGUST 23, 1988 & SEPTEMBER 8, 1988 NEXT MEETING DATES PUBLIC HEARING - OCTOBER 04, 1988 (HERITAGE DEIS & RYE BROOK NORTH DGEIS) AGENDA MEETING - OCTOBER 11, 1988 (BROOK II DEIS - PUBLIC HEARING) REGULAR MEETING - OCTOBER 25, 1988 Rye Brook Village Offices are Handicapped Accessible 00.1170 MINUTES OF A MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 27th DAY OF SEPTEMBER, 1988 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 8:00 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 Francis L. Filipowski Trustee Michele R. Mendicino Trustee Robert J. Ravich Trustee Jane Saffir Smith Also present were: ` Christopher J. Russo, Village Administrator Georgia Kramer, Corporation Counsel Rocco V. Circosta, Director of Public Works Joseph Cortese, Village Treasurer Jean A. Marra, the Deputy Village Clerk, and Frank P. Sesta, the Deputy Village Treasurer, were at the NYCOM Fall Training School and not in attendance at this meeting. x x x x x September 27, 1988 U 0,1_ 9f PUBLIC HEARINGS On motion duly made and seconded, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearings be and they hereby are, declared open. 1. AMENDMENT TO PUD REGULATIONS Fritz Wiedle, of Frederick P. Clark Associates, stated that his firm has worked with the Village since its incorporation and before that with the Town of Rye. He spoke of the proposed amendments to the Planned Unit Development (PUD) by stating that this zoning was developed by the Town of Rye in early 1970. The northern portion of the Village, north of the Hutchinson River Parkway, is affected by this zoning, Mr. Wiedle said, and then produced a map depicting the zoning classification. This zoning is used around the nation, he added, to give land developers an opportunity to plan a fairly large section of the community before specific zoning is adopted. Density, land use, roads, lot size, water supply and sewage treatment are many of the items to take into consideration before there is any approval of future zoning to occur on the site, Mr. Wiedle offered; you are planning a unit of the town for development prior to the exact zoning taking place. It was thought by the Town Fathers to be important to encourage more non-residential use to the community in order to allow for office parks to be built. However, Mr. Wiedle pointed out, this has happened -- enough has happened -- the Village is beginning to witness not only the impact of traffic from the northern developments, but also development in North Castle as well as in other areas north, east and west of Rye Brook, which is creating through traffic in the area. Part of this amendment is to reduce the types of uses that could be put into a Planned Unit Development. No longer can office use be put into it -- residential use or recreational use should be utilized. The northern portion of the Village is beginning to fill up and there is enough office use already. 2 - September 27, 19880 01 Other changes which are proposed are of a minor nature so Mr. Wiedle did not go into them and he proceeded to hand out the typewritten proposals. Harriet Halsey, Winding Wood Road, asked if the survey Frederick P. Clark did a few years back which contained an environmental impact and traffic study was much different than this study and Mr. Wiedle responded that this proposal was an updated version of that study and included renewed information on traffic, drainage, population, growth, etc. Ms. Halsey mentioned that in the former study, it was stated that housing in that area would create a noise impact and Mr. Wiedle offered that it was a matter of balancing the impacts. Randy Solomon asked about the area near the airport and Mayor Cresenzi responded that the terminal is County-owned and the Village does not get any tax money back from it. Mayor Cresenzi, on the issue of noise and housing, offered that the County (of Westchester) took the position that no housing should be permitted north of Anderson Hill Road because of the airport. The proposal in front of the Board is just on the southern end of that area, he stated, adding that another proposal coming along is the Arrowwood site which is sort of north of that so they are in the "okay" area at present. Ms. Halsey thought the proposed area would be too noisy for housing but Mr. Wiedle pointed out that with the proper noise insulation, the impact would be greatly lessened. i i Mr. Ken Heller noted that the Town of Mamaroneck has a similar situation with a golf course and they decided that green space in the town was more important than anything else. This Board is not considering the future of Rye Brook; all the squares don't have to be filled in, he said. Several large developments in the southern end of Village will deplete all of the green space. With housing developments in the northern half, there will be nothing left of Rye Brook, Mr. Heller claimed; this is an utter mistake for our community, and there should be other alternatives. This (proposal) may seem good for now but in the future, it will be regretted that no green space was saved. Jules Harris asked about the density of PUD regulations and Mr. Wiedle apprised him that maximum was seven units per acre in the current zoning as opposed to six. 3 - 00117J September 27, 1988 It doesn't necessarily mean that it will occur in all cases, Mr. Wiedle stated, this is something that must be designed and negotiated into a plan -- it could be five or four -- depending on many factors: the shape of the property, the type of develop- ment around it, the access to site, the degree of open space preservation. PUD tries to achieve some open space as a possible benefit. Presently, the maximum is seven, if amended it would be six per acre, but most probably, very few if any PUDs, would be approved at that high a density, Mr. Wiedle concluded. The six units per acre is not "cast in stone," Mayor Cresenzi noted, that is the purpose of these hearings, to gather input from the consultant as well as Board members and the community. Mayor Cresenzi mentioned that near Blind Brook Golf Course, it is zoned hotel and across the street, it is zoned for office; so, what this would be doing is taking a piece of land that is presently zoned commercial and changing that zoning back to some form of residential zoning under the PUD proposal. Even at six f units per acre, that's equivalent roughly to the current R-7 zone which presently exists, the Mayor said, and if that went down to five, it would be a better zoning situation for the Village. The density is still up for grabs; nothing has been decided that it's definitely going to be a maximum of six and if that were so, it still does not mean that a developer would be granted permission for six units. Mr. Harris asked if PUD was a designated "kind of zone" and Mr. Wiedle replied in the affirmative, adding that in the northern portion, the zoning would not particularize itself until it goes through a process of qualification. If it qualified, then it could` actually be built as a residential development at a somewhat higher density. Trustee Mendicino asked what the benefit would be of changing the area to a PUD zone rather than dealing with it individually and Mr. Wiedle responded that as a project comes along, it would give the Village an opportunity to study it; to decide if it would be beneficial to the community, and to decide whether or not it would be something good to have. This could mean a reduction in traffic; it might be that a recreational facility will be provided; or it might solve a particularly dangerous traffic situation like where two existing streets come together -- those roads could be rebuilt, Mr. Wiedle offered, adding there are a variety of different things that could occur, and it's up to the developer to use his imagination and up to the Village, to find the benefits. - 4 September 27, 1988 011,74 Mayor Cresenzi pointed out that if this land was presently zoned residential at two units per acre, and the proposal called for six, it would increase the density. However, this property is currently zoned for commercial use and dealing with developers and invoking a PUD regulation which gives the Village certain specific control would be beneficial. The Village can deal with the density, on-site parking, the setbacks, what' s used in the setbacks, etc. , so it gives the Village some control over with site. Again, the maximum number of units per acre do not have to be provided. Currently, the Arbors is the only PUD in the Village and that's a thirty acre site, the Mayor added. Willaim Cuddy, Esq. , representing both Arrowwood and Heritage, stated that currently the Arrowwood property, right next to the Conference Center, would permit the construction -- in excess of 600,000 square feet of office space and the developers are cognizant of potential traffic problems if such an office j complex were built. If flexibility was provided, he added, then a more specific proposal would be presented; in essence, it 'f gives the owner flexibility for the reasonable use of his land and it gives the Village more flexibility with respect to addressing these applications, Mr. Cuddy concluded. �I I A speaker asked if PUD regulated the size or price of the units and Mr. Wiedle replied that it does contain some very basic regulations as to the size -- maximum floor area ratio and maximum coverage of the land. As far as price was concerned, Mr. Wiedle explained that one benefit that could be injected in a PUD would be that a certain number of affordable units be constructed. Mr. Cuddy then requested that the Affidavit of Notice of Hearing be made part of the record as follows: RESOLUTION OF THE RYE BROOK VILLAGE BOARD SETTING A PUBLIC HEARING FOR CONSIDERATION OF TEXT AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT ("PUD") DISTRICT PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF RYE BROOK AND THE CLASSIFICATION OF CERTAIN PREMISES INTO SAID PUD DISTRICT WHEREAS, the Rye Brook Village Board (hereinafter "Village Board") is considering (a) implementing certain proposed text amendments to the Planned Unit Development ("PUD") District provisions of the Zoning Ordinance of the Village of Rye Brook, and (b) the rezoning of certain lands to be classified within the PUD District; and - 5 - OOI J-7 September 27, 1988 '.. WHEREAS, pursuant to the Village Law of the State of New York, a Public Hearing is required to be held before the Village Board in order to invite and obtain comments from the public and other interested and involved agencies with respect to the proposed text amendments and rezoning; NOW, THEREFORE, BE IT RESOLVED, that a Public Hearing shall be held by the Village A Board of Rye Brook on September 27, 1988 at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, Rye Brook, New York, to consider (a) implementing certain proposed text amendments to the Planned Unit Development ("PUD") District provisions of the Zoning Ordinance of the Village of Rye Brook, and (b) the rezoning of certain lands to be classified within the PUD District; and FURTHER RESOLVED, that the Deputy Clerk of the Village of Rye Brook is hereby directed to publish notice of such Public Hearing in the Official Newspaper of the Village of Rye Brook. Dated: September 12, 1988 Rye Brook, New York By Order of the Village Board Village of Rye Brook, New York Salvatore M. Cresenzi, Mayor Jean A. Marra, Deputy Clerk jDgR At this time, Trustee Filipowski asked what priorities the Village should be taking towards green space, and Mr. Wiedle responded that one particular property, Red Roof Farm, should definitely be considered for a future recreational facility and the golf course property should also be considered for the preservation of open space. In the southern end of the Village, there is property with the stream running through it, and there is considerable natural beauty there. A parks expansion study was done for the Recreation Committee, Mr. Wiedle added, and additional recommendations are contained in that. With Brook II Ventures, Brook II Estates, the Village might be getting some nice open space -- not active recreation -- but some passive open space. There could be a donation of land from that piece, which is adjacent to the park -- in that area, Mr. Wiedle stated, which could become available. It is the larger pieces of land which should be emphasized for green space. 6 - 0011-1 D September 27, 1988 Mayor Cresenzi then recommended that the Public Hearing be adjourned until October 25th so the information received this evening can be digested and more input from the public can be obtained. Thereafter, on motion by Trustee Ravich, seconded by Trustee Filipowski, it was unanimously RESOLVED, that the Public Hearing on the Amendments to the PUD Regulations, be and hereby is adjourned to the meeting of October 25, 1988 at 8:00 P.M. 2. FERRANTE/EGAN 6 ARLINGTON PLACE - RESUBDIVISION APPROVAL Bruno Gioffre, the applicant's attorney, appeared on behalf of his clients, whom he proceeded to introduce, and explained that the application essentially would combine a small portion of the property located on Betsy Brown Road and on Arlington Place. Mr. Gioffre then presented a tax map sketch and continued by stating that a certain portion of the property is in joint ownership and that would be transferred to Ferrante. Existing trees form a natural borderline and provided a natural visual barrier on the proposed resubdivision, Mr. Gioffre added, and the newly annexed property would be well maintained and not left as a dumping site as it is now. He then explained the square footages that would be changed -- the side yard width would be extended for Ferrante and the twenty-nine feet off the side of the adjoining property would be reduced from 158 to 129 feet. Both properties still meet all of the zoning restrictions for an R-10 zone, Mr. Gioffre provided, adding that, in essence, it is a redistribution of property. Mayor Cresenzi inquired if any non-conforming lots would be created with this proposal, to which Mr. Circosta replied in the negative, adding that both lots would be conforming. In answer to Mayor Cresenzi's next question, Mr. Circosta responded that this would not create another building lot. Trustee Filipowski asked if the existing dwelling could be expanded and, if so, how far towards Betsy Brown it could it go. - 7 - 001171 September 27, 1988 Mr. Gioffre responded to the question by saying that it (the Ferrante property) could be expanded about 30 feet because of the setbacks but it would have to meet the zoning requirements. Some discussion followed regarding the possible expansion of neighboring property owners and Mr. Circosta explained that the required zoning regulations which governed the area would have to be met. Trustee Smith asked what the Planning Board's recommendation was and Mr. Circosta explained that they voted in favor of it 7-0. At this time, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, an application for Subdivision Approval has been made to the Board of Trustees; and WHEREAS, the Attorney for the Village of Rye Brook has reviewed the application by Mario & Grace Ferrante to subdivide a parcel of land located at 6 Arlington Place, and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 6, Lots p/o 53.7; and WHEREAS, the Planning Board of the Village of Rye Brook on July 14, 1988 recommended Subdivision Approval by a 7-0 vote to the Village Board; and WHEREAS, a Public Hearing was held this 27th day of September, 1988 pursuant to notice thereof; and the Board has heard those members of the public desiring to be be heard; and has heard all the comments and responses to questions raised; NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby approves said Subdivision application and the Mayor is hereby authorized to sign the appropriate Subdivision Map which is to be filed with the Westchester County Division of Land Records. - 8 - 001 ' �Y1% September 27, 1988 PROPOSED LOCAL LAW REGARDING AUXILIARY POLICE Since this item required some additional input, it was withdrawn pending an opinion coming from the County of Westchester dealing with the function and use of Auxiliary Police on a County-wide basis, Mayor Cresenzi announced. So, there is no point in passing a law until an opinion is received, he added. 3. PROPOSED LOCAL LAW #8-1988 - CODE ENFORCEMENT This deals with the enforcement of the Village Code, Mayor Cresenzi stated, and Attorney Kramer added that this law would provide the Auxiliary Police, as well as certain employees of the Highway and Building Departments with the authority to issue appearance tickets for violations of Village Code. Prior to anyone going out and issuing any appearance tickets, a manual will be put together and instructions will be given to the individuals who will be enforcing it (the Village Code) , Mayor Cresenzi stated, adding that these code enforcement officers will be very useful in such areas as trash collection -- when residents put out containers on a Saturday for Monday pickup. These code officers will free up the Police Officers who are busy in many other areas. Trustee Filipowski inquired if the Auxiliary Police Officers can be authorized code enforcement officers since they are appointed by the Mayor and the Village Board appoints the Auxiliary Police Officers in the first place. Mayor Cresenzi said that once a Auxiliary Police Officer was appointed, this would authorize them to act as Code Enforcement Officers if they .were so appointed. In other words, Trustee Filipowski asked, some Auxiliary Police Officers can issue tickets while others cannot? Attorney Kramer i suggested the word "designated" or "assigned" be used instead of the word appointed. t Harriet Halsey asked how the Mayor, being a volunteer Auxiliary Police Officer, could appoint other Auxiliary Officers since another Board member is also an Auxiliary Police Officer, and Mayor Cresenzi explained they (any Auxiliary Police Code Enforce- ment Officer) would be appointed by him as Mayor. 9 - i i 00117] September 27, 1988 Attorney Kramer added that for certain duties this would be a more economical way of providing code enforcement rather than having a high paid police officer issue appearance tickets. If there are Auxiliary Police or other Code Enforcement Officer's who are capable and have had some training in this, it would be wonderful to have them volunteer in code enforcement. If they are not available, the Village would have to use paid people. In answer to a question raised by Ms. Halsey, Attorney Kramer said the Auxiliary Police Officers are covered by Worker's Comp. A speaker asked if the Code Enforcement Officers would be acting on complaint or their own initiative, to which Mayor Cresenzi replied "both." This could deal with the Noise Ordinance as well as some other matters which could occur when the Village Officers are closed. It was recommended by someone in the audience that the Code Enforcement Officers act on complaints rather than on their own initiative; otherwise, he said, a lot of training would be necessary. Mayor Cresenzi informed the speaker that this practice is a common occurrence in surrounding municipalities and has proven very successful. I i Bill Aughavin, a member of the Auxiliary Police, stated that they (the Auxiliary Police Officers) are unpaid and come out to aid the Village whether it be in medical or police assistance. He added that he has been mistaken as a Rye Brook Police Officer and that he gives his time to the community as a volunteer to be of assistance in many situations. Sissy Sherlock asked if there was a permanent Code Enforcement Officer appointed, would that person be a volunteer, to which Mayor Cresenzi replied that it could possibly be a paid position depending on the need. Administrator Russo offered that this (the law) is not creating a position, it would be putting the process of code enforcement in primarily the hands of the Building Department. Separate Code Enforcement Officers do exist in other communities but in most, they are mainly out of the Building Department, he added. Mayor Cresenzi added that the goal of this law was to take the enforcement of the zoning and building regulations and put it in the hands of the Building Department. - 10 - o®:z ASO September 27, 1988 Mr. Ken Heller said that fifteen people being given police duties is too much. Most people work around their homes over the weekend, he said, so it would make more sense to have the trash picked up on a Monday rather than issuing hundreds of summons. He stated that he was not in favor of the Auxiliary Police issuing summons; the Police and Building Department have the authority and that' s enough. Mayor Cresenzi commented that picking up the trash on a Monday was a good idea but it would upset the regular pickup schedule. With the Monday/Friday holiday schedule, residents could wind up with four days worth of household refuse in their garage or smelling up their house. Trash lying all over the Village is a very unpleasant sight, the Mayor pointed out, adding that the Village Code should and must be enforced; who does it, is part of the problem. If it' s over the weekend, and the police are fbusy, the Village Administrator could handle a noise violation. t k Mr. Heller said that the Village has ample paid employees to handle the situation so volunteers are not necessary, but Mayor Cresenzi stated that the Auxiliary Police are trained but Mr. Heller did not change his opinion. Mr. Bill Aughavin said there were many other problems in the community besides trash. . . violations exist in many other areas as well. If the Village residents wish to pay people to do this, the taxes would skyrocket, he submitted. Mr. Bernard Klem asked if the enforcement officers would be issued proper identification, to which Mayor Cresenzi replied in the -affirmative, adding that they would also be furnished with a manual containing information as well as receiving detailed instructions. Mr. Allen Green said that he felt an undercurrent of unease regarding this proposed law and suggested that the law be refined. He was fearful of the unknown potentials regarding unpaid employees of the Village being granted this authority. In answer to Mr. Solomon's question, Administrator Russo replied that most enforcement officers in other communities were paid employees -- mostly Building Department personnel or they were in a temporary category such as a college student, and also someone in an administrative position was usually appointed. Mr. Russo added that a code enforcement officer would not be into police work as this was only intended for code violations. - 11 - 001181 September 27, 1988 Mr. Solomon said he did not want to receive a summons from his neighbor; and said this enforcement procedure could become too widespread for volunteers to handle. Trustee Smith asked if the Village was planning to have a Code Enforcement Officer on duty at all times to which Mayor Cresenzi replied that they would most likely answer to complaints; they will not walk around waiting to issue someone an appearance ticket. Trustee Ravich said warnings would generally be given first unless it was something flagrant. The individual would be given the opportunity to try and correct the situation and then see what happens afterwards, he added. Trustee Mendicino suggested that the proposed law be reviewed f and slightly modified since apparently it can not be decided at this time. Trustee Filipowski expressed his concern about the fact that Trustee Ravich and Mayor Cresenzi would have the authority to issue summonses in their capacity as Auxiliary Police Officers; he said that he felt their place was on the Board and not in court on an appearance ticket issue. The Mayor conveyed that prior to getting on the Board, he was still helping the Village in another area. He added that he was no longer an active member in the Auxiliary Police since he was elected Mayor but if it would ease everyone' s mind, he would make a public resignation right now. It was Mr. Solomon's opinion that no one should resign from the Auxiliary Police and Mr. Aughavin was in agreement, adding that he has trained under the direct supervision of the paid police department. . . and that he does not operate independently. Mayor Cresenzi said the law would have to be reviewed to see if the Auxiliary Police would come under the provision of part-time volunteers rather than Auxiliary Police for code enforcement purposes. Sissy Sherlock suggested increasing the number of paid Highway Department employees for code enforcement purposes rather than the Auxiliary Police and Mayor Cresenzi replied that it was his desire to utilize trained personnel who were available on the weekends and after 5:00 P.M. - 12 - 0011812 September 27, 1988 Thereafter, on motion by Trustee Smith, seconded by Trustee Mendicino, it was unanimously RESOLVED, that the Public Hearing on a proposed Local Law regarding Code Enforcement be and hereby is adjourned until October 25, 1988 at 8:00 P.M. ; and be it FURTHER RESOLVED, that the Public Hearings be and they hereby are declared closed. RESOLUTIONS/AGREEMENTS 4. -COLUMBUS DAY PARADE - REQUEST FOR USE OF VILLAGE STREETS On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: COLUMBUS DAY PARADE WHEREAS, permission to conduct a parade within the Village of Rye Brook was requested by the Columbus Day Celebra- tion Committee; NOW, THEREFORE, BE IT RESOLVED, that said Committee is hereby , granted approval to use Bowman Avenue on Sunday, October 9, 1988 or on the rain date of October 16, 1988 for the 82nd Annual Columbus Day Parade; and be it FURTHER RESOLVED, that the Rye Brook Police Department be furnished with a copy of this Resolution. - 13 - 00:1183 September 27, 1988 5. AWARDING OF CONTRACT #88-04 - GARBAGE & TRASH COLLECTION Mr. Stan Zak, of 13 Jennifer Lane, asked if the price was comparable to what the Village was paying and Mayor Cresenzi stated that it was lower. He added that the odd number of months was due to the fact that it will put this item on the Village' s fiscal year for the purpose of the budgeting process. To answer to Mr. Heller's question, Administrator Russo said the savings to the Village would be approximately $120,000 a year; dumping fees are still extra but they will remain the same, he added. Mr. Heller asked if there will be any restrictions such as the number of cans permitted per home, and Mayor Cresenzi said the level of service will remain the same. Administrator Russo interjected that commercial accounts will still be separate. Trustee Filipowski asked if the contract could be given to a subcontractor and Attorney Kramer replied that it could be assigned but only with the approval of the Board, and the Mayor added that the bond would remain as is. Ms. Harriet Halsey extended her best wishes to Suburban and stated that the previous collectors were always good and very courteous and that she has always been pleased with them. { r jThereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: C WHEREAS, proposals for Contract #88-04, entitled "Garbage and Trash Collection," were mailed to thirteen vendors; and � WHEREAS, on Friday, August 26, 1988, at approximately 2:00 P.M. , three bids were publicly opened and read; and WHEREAS, the Director of Public Works and the Village Administrator have reviewed all of the documents and forwarded them to the Village's Counsel for review; r NOW, THEREFORE, BE IT i - 14 - i 00:184 September 27, 1988 RESOLVED, that Suburban Carting Corporation, of 524 Waverly Avenue, Mamaroneck, New York, be and hereby is awarded Contract #88-04 for the Village of Rye Brook at the contract price of $2,112,050 for a period of fifty- three months commencing on January 1, 1989 and expiring on May 31, 1993; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to enter into said contract with Suburban Carting Corporation for furnishing said services subject to the approval of all documents by the Corporation Counsel. 6. APPROVAL OF EMPLOYEES BENEFITS & POLICIES PACKAGE Administrator Russo stated that this has been worked on for almost two years now. This package does not add any benefits to the existing one; it's just that certain language and other items in the existing employee benefits policy needed some clarification such as vacation time, sick time, jury duty procedure, personnel days, bereavements days, and how time is accrued, he added. It also explains what health insurance plans and savings g plans are offered by the Village and how they work, the Administrator said, adding that such items as the Employee Assistance Program, the 'Disability Process, the New York State Retirement System, Life Insurance, Workers Comp, U.S. Savings Bonds, the employee termination process and the COBRA Law are all explained. Even the new Immigration Law, together with the Code of Ethics is included in this package the Mr. Russo concluded. Trustee Mendicino inquired about employee performance reviews and Mayor Cresenzi said the packet does contain procedures for an evaluation process. Mayor Cresenzi commended Administrator Russo on his diligent work regarding the completion of this packet. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: - 15 - September 27, 1988 WHEREAS, the Board of Trustees of the Village of Rye Brook desires to amend previously adopted rules to provide a uniform system concerning personnel matters; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby approve the Employees Benefits & kk' Policies Package with respect to full- time managerial, administrative and Y clerical employees of the Village. 7. NATIONAL FEDERATION OF THE BLIND MONTH - OCTOBER On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: VILLAGE OF RYE BROOK NATIONAL FEDERATION OF THE BLIND MONTH OCTOBER, 1988 WHEREAS, the National Federation of the Blind has established itself as a leader in promoting independence and pride among persons who are blind; and WHEREAS, members of the National Federation of the Blind are striving to secure equal rights and oppor- tunities for visually impaired persons in all spheres of economical, cultural, political, social, and religious life; and WHEREAS, persons who are blind have made invaluable contributions to the quality of life; therefore blindness need not be a deterrent to personal growth and achievement; NOW, THEREFORE, BE IT RESOLVED, that I, Salvatore M. Cresenzi, by the power invested in me as Mayor of the Village of Rye Brook, do hereby proclaim the month of October 1988 as - 16 - 0011.80' September 27, 1988 NATIONAL FEDERATION OF THE BLIND MONTH in the Village of Rye Brook, New York and urge the community's support and recognition in the commitment to inspire individuals who are blind to seek and secure their rightful place within society. /s/ Salvatore M. Cresenzi Mayor of Rye Brook PLANNING BOARD REFERRAL 8. MERRITT/HOLBY SITE PLAN APPLICATION - RYE RIDGE SHOPPING CENTER On motion duly made and seconded, the following resolution was adopted: RESOLVED, that the Site Plan Application of Merritt/Holby to construct a free- standing medical office building at the Ridge Ridge Shopping Center, be and it hereby is referred to the Planning Board for their review and recommendations. 1{ REPORTS/DISCUSSIONS 9. REPORT ON SUMMER INTERNSHIP PROGRAM - VILLAGE ADMINISTRATOR Administrator Russo gave a brief overview of the work and responsibilities the three interns had over the summer months. These college students provided invaluable assistance to the Village, he added. The Treasurer's Office, with the assistance of Lauren Ponterio, issued the first in-house check from its computer system on l September 13th; the Building Dept. now has a parcel inventory which contains every parcel in the Village and will eventually contain all of the history associated with each individual { parcel thanks to Lisa Messina; and the First Annual Report was { complied by Allison Pykett and will be published in October. - 17 - 00:1181 September 27, 1988 In addition, Mr. Russo added that numerous research was done on various contracts and one particular side project that Allison assisted with was the issue of sidewalks. At present, the responsibility of sidewalks lies with the homeowner and with the possibility of a special sidewalk district being established at some future date, it could be equitable in terms of the cost, and possibly provide for the adequate replacement of sidewalks. In conclusion, Mr. Russo stated that overall, the program of having these students in the office helped tremendously, and Mayor Cresenzi stressed that the Building Department especially benefitted from this and that "there is some light at the end of the tunnel in getting the files in order." Randy Solomon commended the Board for hiring the youth of the Village but said he had one negative thought. He continued to say that when he called the Recreation Department, the person was not helpful in the least and could only say they did not know, maybe, etc. A part-time youngster should not be manning the Village phones, he added, and this did not occur at lunch hour. 10. AVITABLE - (2) NONCONFORMING LOTS Attorney Kramer stated that Mr. Avitable owns two adjacent lots and on one lot, there is a house with a porch; he wants to build on the second lot. Since there would be a nonconformity, Mr. Avita"ble was told that he would have to seek a variance from the Zoning Board of Appeals. That variance was granted on the �I condition that the porch be removed, she added. I i Another issue Attorney Kramer mentioned was that as the owner of two nonconforming lots, did those lots merge into a single lot because of sole ownership? Since this situation existed prior to 1954, Ms. Kramer said that this Board has the discretion to determine whether to permit those lots to be subdivided and built upon as two separate lots. A request has been made for the Board to exercise that discretion and to permit the subdivision I of these two lots. She then proceeded to request a Public Hearing on this matter for the October 25th meeting. Thereafter, on motion duly made and seconded, it was unanimously - 18 - i t 00118 September 27, 1988 RESOLVED, that this Board hereby sets Tuesday, October 25, 1988, at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, as the date, time and place for a Public Hearing to consider the Sub- division Application of Paul Avitable for the premises located at 33 Hillcrest Avenue, and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 18, Lots 6 and 7; 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. 11. FLAG LOTS Attorney Kramer explained that a flag lot is usually a deep lot with a long driveway. The way the Village has been handling the regulation of flag lots is by an average width concept. Ms. Kramer continued that she and the Village' s Planners have suggested, in the past, other ways of dealing with deep lots -- those include a consideration of additional setbacks as. well as additional frontage requirements. There have been some appli- cations for deep lots and the Planning Board has asked that the Village Board consider those proposals. The written suggestions for changes in the Flag Lot areas which have been made by both the Planner and the Village' s Attorney, will be distributed to the Board, Attorney Kramer stated, adding that since a Special Use Permit is generally required for those changes, the applications are handled on a case-by-case basis because they do set some minimum requirements such as setbacks. She said this should also be on for a Public Hearing next month. on motion duly made and seconded, it was unanimously RESOLVED, that this Board hereby sets Tuesday, October 25, 1988, at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, as the date, time and place for a Public Hearing to consider regulations for Flag Lots in the Village of Rye Brook; and - 19 - 001 188 September 27, 1988 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. 12. OFF-STREET PARKING REQUIREMENTS Attorney Kramer said that in accordance with the Master Plan for the southern part of the Village, a suggestion was made by the Planner for increased parking requirements. The proposed Local Law, which is an amendment to the existing Zoning Law, has been distributed and a Public Hearing should be held with respect to that; she added. Also, Ms. Kramer suggested that perhaps the Zoning Update Committee which is dealing with the Zoning Law will be able to present a report at the next Board meeting. Thereafter, on motion duly made and seconded, it was unanimously RESOLVED, that this Board hereby sets Tuesday, October 25, 1988, at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, as the date, time and place for a Public Hearing to consider a proposed Local Law to amend the Zoning Law of the Village of Rye Brook; 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. x * x x x Mr. Bernie Klem said he thought that the Board was being a little ambitious putting all these items on the same agenda; however, Mayor Cresenzi assured him that the Board would be gathering information on these important issues. He went on to say that he didn't believe any decisions could be reached at that time. If it becomes too burdensome, we could always convene the hearings and then adjourn them, he concluded. - 20 - 0011150 September 27, 1988 APPOINTMENTS/AUTHORIZATION 10. CHECK REGISTER AUTHORIZATION On motion by Trustee Mendicino, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: CHECK REGISTER RESOLUTION 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 #14105 - #14404; Combined Check Register #9345 - #9505; Combined Check Register (Hand Checks) #8003 - #8026. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. APPROVAL OF MINUTES 11. AUGUST 23, 1988 & SEPTEMBER 8, 1988 on motion made by Trustee Filipowski, seconded by Trustee Ravich, the Minutes of August 23, 1988 and September 8, 1988 were unanimously approved as presented. I 21 - I�� U0i�.� � September 27, 1988 NEXT MEETING DATES PUBLIC HEARING - OCTOBER 04, 1988 (HERITAGE DEIS & RYE BROOK NORTH DGEIS) AGENDA MEETING - OCTOBER 11, 1988 (BROOK II DEIS-PUBLIC HEARING') REGULAR MEETING - OCTOBER 25, 1988 Trustee Filipowski stated that the September Rye Brook Report had a very nice touch to it and that he would like to commend Chris Russo or whomever wrote it for doing a nice job, and Administrator Russo stated that Jean Marra authored it so the credit has to go to her. Trustee Filipowski then said it was a job well done. Randy Solomon spoke about the fields being done at the Port Chester Junior High School and the fact that Rye Brook residents are not able to use it. Mayor Cresenzi asked Mr. Solomon to stop by the office and see him so this could be discussed and some ground work could be laid. ADJOURNMENT On motion duly made and seconded, the Board of Trustees meeting adjourned into Executive Session at 10:20 P.M. to discuss a brief personnel matter. Respectfully submitted, Jean A. Marra Deputy Village Clerk 15j - 22 -