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HomeMy WebLinkAbout1989-10-24 - Board of Trustees Meeting Minutes REGULAR MEETING BOARD OF TRUSTEES VILLAGE OF RYE BROOK OCTOBER 24, 1989 - 8:00 P.M. PUBLIC HEARINGS 1. LOCAL LAW #4 OF 1989 - FLOOD DAMAGE PREVENTION (as amended) 2. LOCAL LAW #5 OF 1989 - PRESERVATION OF TREES 3. LOCAL LAW #6 OF 1989 - WESTCHESTER COUNTY POLICE MUTUAL AID & ASSISTANCE LAW RESOLUTIONS/AGREEMENTS 4. SOUTH EAST CONSORTIUM - 1990 INTERAGENCY AGREEMENT 5. NY AMERICAN WATER RATE CASE - RETAINING LAW FIRM OF SEHAM-ZELMAN 6. AUTHORIZING NEGOTIATIONS FOR TIME PURCHASE OF LAND LOCATED AT: 211 SOUTH RIDGE STREET AND ADJOINING PROPERTIES 7. CHECK REGISTER AUTHORIZATION 8. CASTRO/LANGTRY - 509 WESTCHESTER AVENUE - SPECIAL USE PERMIT SET PUBLIC HEARING DATE: NOVEMBER 28, 1989 APPROVAL OF MINUTES 9. SEPTEMBER 19, 1989 and OCTOBER 10, 1989 NEXT MEETING DATES AGENDA MEETING - NOV. 14, 1989 REGULAR MEETING - NOV. 28, 1989 DON'T PRODUCE IT! REDUCE IT! *** RECYCLE *** 001496 i MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 24th DAY OF OCTOBER, 1959 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 5:10 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 Rocco V. Circosta, Director of Public Works Sarah K. Peake, Counsel to the Village Joseph Cortese, Village Treasurer Jean A. Marra, Deputy Village Clerk 00:140 e October 24, 1989 PUBLIC HEARINGS 1. LOCAL LAW #4 OF 1989 - FLOOD DAMAGE PREVENTION (as amended) On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. Mayor Cresenzi explained that basically only two changes were made to this law: 1. The basis for establishing areas of special flood hazards, which was omitted from the original law, was added; and 2. The Zoning Board of Appeals will serve as the local review board for a request for a variance from any provision of this law instead of the Village Board. This makes sense, he said, because the ZBA is the review agency for the Zoning Code. On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: LOCAL LAW #4 - 1989 FLOOD DAMAGE PREVENTION (as amended) WHEREAS, a Public Hearing was held on this 24th day of October, 1989 at the time and place so specified in the Notice of Public Hearing, in order for the Board of Trustees to consider the adoption of a proposed Local Law and to hear all those persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #4 of 1989, entitled "Flood Damage Prevention (as amended)" of the Village of Rye Brook. 2. LOCAL LAW #5 OF 1989 - PRESERVATION OF TREES On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. - 2 - 001496 October 24, 1989 i The Chairman of the Planning Board, Bernard Klem, recommended that the Board pass this law and, in so doing, they will have done something very significant for the Village. i Mayor Cresenzi mentioned that where this law deviates from current practices, is that it also takes .into consideration individual parcels of land, not just large subdivisions. "This ordinance will hopefully accomplish the purpose of changing people's attitude from being careless about taking down a "living resource" that should be treated with respect. Trees not only belong to the residents, they belong to the the children, grandchildren and neighbors as well," and Mayor Cresenzi stated, the Board is doing what it thinks best for the community as a whole. Residents' public and private rights were taken into consideration and this is an effort to make them sensitive to the fact that trees belong to everyone. Attorney William Null registered his concern regarding some of the wording contained in No. 6 of the Guidelines on Page 8, and Mayor Cresenzi replied that after the entire process has been discussed, if it means shifting the location of a home in the building envelope, then shift the house, instead of removing a tree. Trustee Filipowski suggested that the word "reasonable" be added to the sentence (The applicant shall make every effort to relocate or scale down structures. . . ) and Mr. Null suggested that the wording be further changed by adding: (The applicant) "shall attempt to make" every "reasonable" effort. . . Steve Yarabek, of Hudson & Pacific Designs, Inc. , Kingston, NY, the Village' s Consultant, said the issuance of permits was covered by Section 7.C.2. and the Guidelines are the considerations that should be taken into account. Mr. Klem contended that Mr. Yarabek contributed greatly to this ordinance and his expertise is greatly appreciated. Mr. Klem added that he felt the existing wording of the law should remain as is. Mr. William Aughavin said he was slightly confused and asked for some clarification regarding the wording contained in Section 4.C. : "No person or firm shall, without a Tree Permit, undertake construction. . . or landscaping where such actions will occur within twenty-five feet of any tree 12 inches DBH. . ." That would apply to almost every parcel in Rye Brook, he said, and then questioned the length of the process involved in obtaining a Tree Permit especially in an emergency. Mr. Yarabek explained that protection of the tree root system is needed when any landscaping is done. He also mentioned that usually an arborist would have to perform certain work and a reasonable response time will be provided when a permit is applied for. Mayor Cresenzi spoke about emergency tree work necessitated by a storm and he suggested that wording, to that effect, be defined and written into the law. - 3 - 001 49J October 24, 1989 Mr. Aughavin pointed out that an insurance company could withhold payment of a claim if a dangerous situation were allowed to remain. Most municipalities have an ordinance similar to this, Mr. Yarabek related, and if a tree causes a problem, it has generally been. removed. What they usually do is ask for some type of documentation -- such as pictures of the tree after the, storm. Some discussion followed regarding tree pruning and also how to inform the residents about this local. law. Mr. Yarabek said he had some information that could be sent out to the residents which uses examples such as "a tree as wide as a tele- phone pole, or an evergreen as wide as a car," etc. Also, the local newspapers are a good source and they could run a weekly article on trees and a "tree city" designation could be applied for as well, In answer to some questions raised by Trustee Mendicino, Mr. Yarabek said the Tree Committee would be decision-making and that even. if lie did not sit on the Committee, he would be available as a consultant to answer any questions. Regarding the designated "protected trees, " Mr. Yarabek said a tree inventory was done, Westchester County's history was used, properties were reviewed, and Mr. Jim Donovan, of Frederick P. Clark Associates, expanded on the list somewhat. Mr. Ren Heller suggested that the word "grading" be added to Section 4.C, and also that a list of historical or valuable trees be started. Mr. Yarabek mentioned that a listing could be started through the new Tree Committee and also that the Boy Scouts could be very helpful.. A Planning Board member, Joseph Pellino, asked how other municipali- ties handle the liability and Mr. Yarabek replied that if an arborist finds the tree is dangerous, it must be removed. Some discussion followed concerning the Village's liability when a hazardous situation exists and Mt. Circosta said that permission. to take down a tree after the fact could be approved -- but only with accompanying documentation. Trustee Filipowski asked about a Tree Permit application and fee charge, to which Mr. Circosta replied there would be no fee involved and an application form would be prepared. Trustee Filipowski then asked about enforcement and fines, to which Mr. Yarabek responded that he never heard of anyone receiving a monetary fine -- the tree was usually replaced instead. Trustee Smith then suggested that a letter be sent out to every tree surgeon and landscaper listed in the Yellow Pages notifying them that this new law is in effect for the Village. 4 001Z5ryj October 24, 1989 RESOLVED, that the Public Hearing be, and hereby is, declared closed. i� i Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: LOCAL LAW #5 - 1989 PRESERVATION OF TREES WHEREAS, a Public Hearing was held on this 24th day of October, 1989 at the time and place so specified in the Notice of Public Hearing, in order for the Board of Trustees to consider the adoption of a proposed Local Law and to hear all those persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #5 of 1989, as amended, entitled "Preservation of Trees" of the Village of Rye Brook. 3. LOCAL LAW #6 OF 1989 - WESTCHESTER COUNTY POLICE MUTUAL AID & ASSISTANCE LAW On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared open. Police Chief; Frank Gendalia, stated that this plan has been in effect for many years but was never formalized for Rye Brook. He went on to say that the County is divided into five zones, with Rye Brook being in Zone 2. Commissioner Armiento of New Rochelle is the Zone Commander and Rye Brook happens to be the smallest department in the zone. Requests for assistance can be made via the hot line or the Teletype and the requesting agency must pay for the costs of manpower and equipment. Chief Gendalia then explained the Five Phases that are to be taken as follows: 1. Notification is made that a serious situation exists and assistance will be requested. 2. Departments within the same zone are requested to immediately send prearranged manpower and equipment. 3. The affected department is requesting all possible assistance from within the zone. 4. The requesting agency would then ask the Commis- sioner or County for additional assistance from outside the zone of occurrence. 5. Maximum assistance is requested from all departments in the County. - 5 - October 24, 1989 I The Chief continued by saying that he views this (the Mutual Aid and Assistance Plan and accompanying local law) as a definite benefit to the Village and he strongly recommended that the Board adopt it. Trustee Filipowski asked if there would be a "picking order" when assistance was asked for, and the Chief said the Zone Commander would be contacted and every department within the zone would respond. Trustee Filipowski then asked how zones could get additional assist- ance, and Chief Gendalia replied that when more assistance was needed jfrom outside the local zone, Westchester County would be contacted. Mayor Cresenzi noted that when dealing with a major disaster, man- power may not be able to get through and, therefore, would not be available; this would be more for localized problems. In answer to another questions raised by Trustee Filipowski, the Chief responded that the majority of the municipalities have already passed this (Mutual Aid proposal) . Trustee Mendicino asked if there was a fee to join (the Plan) and Chief Gendalia replied no, but if Rye Brook requested assistance, it would have to pay the manpower and equipment costs. To answer Trustee Mendicino' s other question, Chief Gendalia stated that there was no connection between this Plan and the 911 system. At this time, on motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and hereby is, declared closed. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: LOCAL LAW #6 - 1989 WESTCHESTER COUNTY MUTUAL AID & ASSISTANCE LAW WHEREAS, a Public Hearing was held on this 24th day of October, 1989 at the time and place so specified in the Notice of Public Hearing, in order for the Board of Trustees to consider the adoption of a proposed Local Law and to hear all those persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #6 of 1989, entitled "Westchester County Mutual Aid & Assistance Law" of the Village of Rye Brook. - 6 - 0011_"0 October 2.4, 1989 RESOLUTIONS/AGREEMENTS 4. SOUTH EAST CONSORTIUM - 1990 INTERAGENCY AGREEMENT Trustee Ravich asked how long Rye Brook has been a part of this program and Administrator Russo said since Tom Hroncich has been with the Village, approximately six years. Thereafter, on motion by Trustee Mendicino, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: SOUTH EAST CONSORTIUM 1990 INTER-AGENCY AGREEMENT WHEREAS, there exists the South East Consortium for Special Services, Inc. , a not-for-profit corpora- tion of the State of New York; and WHEREAS, an Inter-Agency Agreement with the Consortium enables municipalities the opportunity to provide, through participation, a collective program of special recreational services for disabled individuals; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby authorizes the expenditure of $2,890 as the municipal contribution for the Village of Rye Brook for the year 1990; and be it FURTHER RESOLVED, that the Village Administrator is hereby authorized to sign said Agreement with the South East Consortium this 24th day of October, 1989. 5. NY AMERICAN WATER RATE CASE - RETAINING LAW FIRM OF SEHAM-ZELMAN Administrator Russo indicated that some details were omitted from the retainer agreement with the law firm and, until that information is received, this matter will be put on heard. 6. AUTHORIZING NEGOTIATIONS FOR THE PURCHSSE OF LAND LOCATED AT: 211 SOUTH RIDGE STREET AND ADJOINING PROPERTIES Mayor Cresenzi announced that he directed the Village Administrator to prepare, for the November 14th meeting, an analysis of the present lease agreement for the Village Offices because it's becoming a money pit. In the interest of saving the community money, other long-term options must be looked into, he said, and this resolution will enable the Village Administrator to start negotiations with the owners of these properties. - 7 - 0015 0X October 24, 1989 Mr. Randy Solomon asked if the building at 211 South Ridge Street was purchased, who would occupy it, and the Mayor said the entire office, including the Police Department, would be moved in there. Mr. Solomon then requested that the Administrator's paperwork on any proposals be made available to him, and Mayor Cresenzi said this information would be available after the negotiations were completed. Mr. Ken Heller said the dangerous corner situation still existed at the site, and also that he agreed that the Village should own its own building but it may not be this particular one. Mayor Cresenzi said the bowling alley site is no longer available, the General Foods annex is not for sale, the City of Rye wants to use the property on Bowman Avenue for leaves, and there just aren't too many other options open. Mr. Joe Pellino asked about the possibility of using the parcel of land on King Street that the Village owns, and Mayor Cresenzi said it was still a possible site for a firehouse. A really unique situation exists here, the Mayor noted, a brand new building is under construction now and the interior can be modified to the Village's needs. Also, this property abuts the Village Garage and there could be a future possibility of the Village doing its own refuse collection and recycling program. In the present scenario, however, a salt shed is needed at the garage as well as more space for the mechanics. By assembling this land, a "municipal concept" could be achieved, the Mayor added. A brief discussion followed concerning the taxes on the new building (which has a preliminary assessment of $13,800) and the square footage versus what the Village presently occupied, and Mr. Russo explained that the offices presently occupied approximately 8,500 square feet but the actual square footage in the new building would depend on what the Village would actually occupy. Mr. Solomon hinted that this (deal) had been in the cards all along, to which Mayor Cresenzi replied that he would not justify that state- ment with an answer. All he said to Mr. Solomon was that he made the Mayor's day with that remark! Mr. Bernard Klem asked if the Village's population has been taken into consideration -- if such a serious commitment is made, will it serve the needs of the Village in the future; will this building be large enough? Mr. Jules Harris quoted some the census figures from previous years and added that "future guessing" is a good guess at best. Mr. Solomon asked where the money would come from and the Mayor said it would be bonded. Trustee Filipowski reported that the Board has considered other areas but has not had any success. Also, since the Village does not own much property, he said he would not be in favor of selling any of it. - 8 - 0 015, October 24, 1989 Trustee Filipowski continued by saying it was really a matter of dollars and cents -- the lease is expensive -- the (new) building is available. It looks like it could work out to have a "municipal complex" in the middle of the Village that will last into the future; and, the Village's bonding capacity is enormous in terms of what can be done. In answer to Mr. Solomon's question, Mayor Cresenzi replied that the Board is presently interested in this building (211 South Ridge) and it is the only one up for negotiations at this point. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: PROPOSED VILLAGE HALL 211 SOUTH RIDGE STREET & ADJOINING PROPERTIES WHEREAS, it is determined to be in the public interest and necessary for the municipal purposes of the Village of Rye Brook that the Village acquire title to the real property shown and designated on the current Tax Assessment Map of the Village as Section 1, Block 25, Lots 26, 1, 2, 3 and 4, and consisting of approximately .81 acres of land and reputedly owned by Larizza-Cappocci Construction, Max Ramirez and Lewis Micheaux, Jr. , for general municipal purposes including, but not limited to, a Village Hall and space for the Department of Public Works; NOW, THEREFORE, BE IT RESOLVED, that the Village Administrator is hereby authorized and directed this 24th day of October, 1989 to negotiate on behalf of the Village of Rye Brook to acquire such real property from the owners thereof upon such terms and at such price as he shall deem to be in the best interests of the Village provided, however, that any contract for the acquisition of such real property shall be subject to the approval of the Rye Brook Board of Trustees. 7. CHECK REGISTER AUTHORIZATION At this time, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: - 9 - 00150w October 24, 1989 i CHECK REGISTER WHEREAS, the following checks, representing pay- ment for services rendered, have been submitted to the Treasurer' s Office for payment and have been certified to by the Village Administrator: On-Line Checks #2858 - #2936; Hand Checks #8196 - #8207; Payroll Checks 416906 - #17080; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. 8. CASTRO/LANGTRY - 509 WESTCHESTER AVENUE - SPECIAL USE PERMIT SET PUBLIC HEARING DATE: NOVEMBER 28, 1989 Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: SPECIAL USE PERMIT 509 WESTCHESTER AVENUE ROBERT CASTRO & THOMAS LANGTRY SECTION 1, BLOCK 15, LOT 32 RESOLVED, that this Board hereby sets Tuesday, November 28, 1989, at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, Rye Brook, New York, as the date, time and place for a Public Hearing to consider the application of Robert Castro and Thomas Langtry for a Special Use .Permit for an Accounting Office at the premises located at 509 Westchester Avenue and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 15, Lot 32; and be it FURTHER RESOLVED, .that the Clerk is hereby autho- rized to publish the Notice of Public Hearing in the Official Newspapers of the Village of Rye Brook. Mr. Heller asked if the parking problem at that location was resolved and Mr. Circosta answered in the affirmative. - 10 - C001506) October 24, 1989 Trustee Filipowski registered his concern about all of the Special Use Permits along Westchester and Bowman Avenues and he asked Rocco Circosta to prepare a tax map showing where all the special uses are located. He pointed out that the residential area along these two streets is being diminished. Mr. Joseph Pellino noted that the second floor (of. 109 Westchester Avenue) was presently being used as a residence and thought it should continue to remain as such. APPROVAL OF MINUTES 8. SEPTEMBER 19, 1989 and OCTOBER 1.0, 1989 Since Trustee Filipowski had some questions on the October Minutes, only the Minutes of September 19, 1989 were unanimously accepted as presented. Mr. Solomon asked if an announcement could be put on the Government Cable Channel regarding a drama the Blind Brook High School is presenting on November 28th, and Mr. Russo replied that he would be. happy to, ADJOURNMENT There being no further business to come before the Board, on motion by Trustee Mendicino, seconded by Trustee Fili.powski, it was unanimously resolved that the Meeting be adjourned at 10:20 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 191 - ll -