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HomeMy WebLinkAbout1988-10-25 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK "I BOARD OF TRUSTEES REGULAR MEETING OCTOBER 25, 1988 8:00 P.M. PUBLIC HEARINGS 1. SUBDIVISION APPROVAL: AVITABLE - 33 HILLCREST AVENUE 2. AMENDMENT TO PUD REGULATIONS (Continued) 3. HERITAGE DEIS (Continued) 4. RYE BROOK NORTH DGEIS (Continued) 5. PROPOSED LOCAL LAW #8-1988 - CODE ENFORCEMENT (Revised) 6. CERASO SUBDIVISION - 67 SOUTH RIDGE STREET APPOINTMENTS/AUTHORIZATION 7. CHECK REGISTER AUTHORIZATION ! � DISCUSSION 8. NEW YORK-AMERICAN WATER CO. - WATER SUPPLY ADVISORY APPROVAL OF MINUTES 9. SEPTEMBER 27, 1988 OCTOBER 04, 1988 OCTOBER 11, 1988 RESOLUTIONS/AGREEMENTS 10. RYE RIDGE SHOPPING CENTER - REQUEST TO USE VILLAGE STREETS 11. NYS EXECUTIVE DEPT. - DIVISION OF YOUTH PROJECT APPLICATION 12. DESIGNATION OF VILLAGE ELECTION - MARCH 21, 1989 13. CARLUCCI SANITATION - BREACH OF CONTRACT/FORFEITURE OF BOND NEXT MEETING DATES REGULAR MEETING - NOVEMBER 22, 1988 REGULAR MEETING - DECEMBER 13, 1988 Recycling is a Good Investment! i 00121 J MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 25th DAY OF OCTOBER, 1988 IN THE VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE MEETING The Regular Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 8:10 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 was not in attendance at this meeting. Also present were: Georgia Kramer, Corporation Counsel Joseph Cortese, Village Treasurer Robert P. Gerardi, Assistant Building Inspector Denise Carbone, Public Stenographer Jean A. Marra, Deputy Village Clerk The Village Administrator, Christopher J. Russo, and Rocco V. Circosta, the Director of Public Works, were not in attendance at this meeting. 001 ?2r0 October 25, 1988 PUBLIC HEARINGS 1. SUBDIVISION APPROVAL: AVITABLE - 33 HILLCREST AVENUE On motion by Trustee Ravich, seconded by Trustee Filipowski, it was unanimously RESOLVED, that the Public Hearings be, and they hereby are, declared open. Bruno Gioffre, Esq. appeared on behalf of his client and stated that this application has been pending for approximately three years. A portion of the property lies partially in the Village of Port Chester, so subdivision approval will also have to be obtained from them, he said. The Zoning Board of Appeals approved the variance in July, 1988 on the condition that an existing porch be removed -- one lot { I would then be conforming and one would not, Mr. Gioffre noted. He added that the distance required for the side yard setback would be the greatest from the neighboring property owner, Liberati. i In answer to a question raised by Mayor Cresenzi, Attorney Kramer stated that the lots were non-conforming and when one owner owns them, it's deemed as one conforming lot if they existed prior to 1964; the Board has the discretion to consider the lots as not "merged." Trustee Filipowski said that no building permit would be issued until the existing porch was removed and a discussion concerning the side yard setbacks followed. Mr. Gioffre explained the zoning requirements and how the setbacks would be handled. Afterward, on motion by Trustee Ravich, seconded by Trustee Mendicino, the following resolution was unanimously adopted: 2 - 0012 1. October 25, 1988 AVITABLE SUBDIVISION APPROVAL 33 HILLCREST AVENUE SECTION 1, BLOCK 18, LOTS 6 & 7 WHEREAS, an application for Subdivision Approval was submitted by Paul Avitable for a parcel of land located at 33 Hillcrest Avenue and known on the Tax Assessment Map of the Village of Rye Brook at Section 1, Block 18, Lots 6 & 7; and WHEREAS, a Public Hearing was held on the 25th day of October, 1988 and the Board of Trustees has heard those persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby grants Subdivision Approval on the above-described premises located at 33 Hillcrest Avenue; and be it FURTHER RESOLVED, that the Mayor be and hereby is authorized to sign the Subdivision Map upon subdivision approval being granted by the Village of Port Chester; and be it FURTHER RESOLVED, that the side yard porch on the existing home be removed; and be it FURTHER RESOLVED, that the location of the driveway on the new subdivided lot be approved by the Building Inspector; and be it FURTHER RESOLVED, that the greater side yard setback shall be on the south side of the newly created building lot; and it is FURTHER RESOLVED, that the conditions imposed by the Zoning Board of Appeals, dated July 5, 1988, in connection with the continuing non- conforming use, be complied with. i i - 3 - 001 .? I( October 25, 1988 (A Public Stenographer was present for Items #2, 3 and 4; and that record will become a permanent part of the minutes. ) 2. AMENDMENT TO PUD REGULP..TIONS (Continued) Mayor Cresenzi said he received a request from the Planning Board that this matter be adjourned until November 22nd. Trustee Ravich then announced that due to a conflict of interest between partners in his firm and the parent real estate company for the Heritage Development, he would be abstaining from any participation in these proceedings. Thereafter, on motion by Trustee Mendicino, seconded by Trustee Filipowski, with Trustee 1•-vich abstaining, the following resolution was adopted: RESOLVED, that the Public Hearing on the PUD Regulations be, and it hereby is, adjourned to the 22nd day of November, 1988 at 8:00 P.M. At this time, Trustee Mendicino requested that any additional materials be received before the meetings so the Board would have sufficient time to review them before the meeting. 3. HERITAGE DEIS (Continued) 4. RYE BROOK NORTH DGEIS (Continued) These two items are so closely related, they will be treated as one, Mayor Cresenzi announced. Fritz Wiedel reiterated some of the issues brought up at the Octo.-ar 4th hearing and added that approximately 450 acres could be affected: Blind Brook Country Club, Heritage, Arrowwood, Royal Executive Park, High Point Hospital, Westchester County Airport and Cerebral Palsy. These areas are all north of the Hutchinson River Parkway, Mr. Wiedel noted, adding that PUD is not a new concept for the Village; it's just being refined and modified to include housing on these sites. - 4 - 001 223 October 25, 1988 The property near the airport must be taken under serious consideration before any homes were built because of the noise factor which is present in the landing pattern, Mr. Wiedle stated, adding that the County expressed its objection to any homes being constructed in that area; they prefer commercial development. The Heritage project consists of 12 acres in Rye Brook and 3 acres in Connecticut with approximately 76 units of housing -- single-family homes, Mr. Wiedle submitted. Mr. Walter Lipman of 3 Mohegan Lane asked when the Board would make its determination regarding density and Mr. Wiedle responded that maximum density would be determined when the Board adopted the revised PUD Zoning Regulations but it was possible for the Planning Board not to permit the maximum number of units -- it could be anywhere between 2 units per acre to 6. When asked by Mr. Lipman if floor area ratio, and lot coverage regulations would be imposed, Mr. Wiedle answered it would be approved on a site-by-site basis. Mr. Lipman then suggested that an overall limitation be established. Mr. Bernard Klem of the Planning Board asked the Board to be aware that the DEIS did not place enough emphasis on the availability of utilities or on tree preservation. Mayor Cresenzi conveyed that the purpose of these public hearings was to raise questions that will be answered in the final document; they may not be answered this evening, but they will be addressed. The Mayor stated that he would like to see the noise issue addressed in order to protect any future resi- dents and he then requested that the letters from the County be included in the minutes. Joel Sachs, the attorney for London & Leeds, developers of Royal Executive Park, announced that he will be coming before the Board within the next 30 to 60 days for the development of Phase III. Mr. Sachs said he was not here tonight to discuss the project but to make certain comments regarding the DEIS for Heritage and the DGEIS and he introduced Nat Parish, of Parish & Weiner, who then proceeded to address the traffic issue and the north-south road network (connector road) . - 5 - 0012241 October 25, 1988 Following a lengthy discussion, Mr. Parish suggested that the final report reflect a range of possibilities (regarding the growth rate, traffic impact, vehicle count, etc. ) because additional improvements may be needed with the higher projec- tions that were made, i.e. , the widening of King Street; or, he said, why build more if it will not be necessary. Mr. Sachs then proceeded to explain that the property north of Anderson Hill Road was projected for office buildings and a right-of-way, basically in the middle of all properties north of Anderson Hill Road which would connect with 684, was required and is shown on the map. Since Royal Executive Park appears to be the only property owner to proceed with office development, the connector road would not be necessary, he stated, adding that before the Board did away with the concept of a connector road, it had to consider how the other properties would be developed. If the connector road was done away with, it would relieve Royal Executive Park of its obligation, Mr. Sachs said, or else the other developers would have to provide for it. Ruth Carlucci asked what the rationale was behind increasing the density in PUD and Mr. Wiedle explained that the traffic impact would be less with residential housing over commercial because of the office traffic "peaks" created -- people who live in the area cause less of an impact because the traffic generated is staggered. Mr. Wiedle continued that the number "6" was, essentially, an arbitrary number; it's a good basic number and it's lower than it was before. Mr. Klem apprised the audience that Mr. Wiedle was speaking on behalf of Frederick P. Clark Associates and this was their recommendation and Mayor Cresenzi added that no decision has been made to impose this on the entire site. Mr. Ken Heller said extra police officers would be needed; an additional firehouse would be necessary; increased need for ambulance service; additional traffic caused by garbage trucks, delivery trucks, and service vehicles; and the demand for utility supplies would be greater. Mr. Jules Harris commended the Mayor and Board for holding their peace on these aggressive statements. He added that the residents should remember that the Board is concerned with the interests of the community. These people serve as volunteers and they have the best interest of the community in mind, Mr. Harris stated, adding that this plan is within the concept of the Village Master Plan. The proposals offered have a right to be considered and the developers cannot be stopped from submitting them or exercising their property rights. - 6 - 001226 October 25, 1988 Some questions arose regarding whether any proposed shopping centers would be constructed or if everyone would be using the Rye Ridge Shopping Center and Mr. Nick Carlucci asked if the DEIS could address that issue. Mr. Klem said when the Planning Board begins its serious discussions of PUD, he intends to recommend allowing for a small shopping center to service the immediate needs -- something like an extended general store. Ruth Carlucci brought up the fact that there is no parking available at either train station for commuters. Trustee Filipowski pointed out to the Board that these issues were discussed in a letter dated September 13, 1982 from the Westchester County Department of Planning to Fran Nugent. At that time, the acreage was reduced from 20 to 10 to allow for a buffer zone and setbacks of 100 feet from streets and 75 feet from property lines were imposed. Now, Trustee Filipowski said, the issue was closeness to the airport. The County supported the rezoning to Hotel because of potential conflicts if residential use of the site was permitted. Also pointed out by Trustee Filipowski was the fact that the acreage count was incorrect in the DGEIS -- there are approxi- mately 160 acres, not 80 with regard to Blind Brook Country Club; the Board must be very aware of what is being done. Another area to be considered, Trustee Filipowski said, was the need for more attached dwelling units -- Rye Brook is primarily a one-family residential area! Which is better, asked Trustee Filipowski, 76 homes or a hotel? What are the benefits? More variety -- more school enrollment -- greater tax revenue -- he said he did not know the answers. . . Mayor Cresenzi said that these issues will be addressed and the error will be corrected. Mr. Randy Solomon thanked Trustee Filipowski for his comments as well as the other residents. Mayor Cresenzi said he would like to make a change in the 10 day comment period -- it will be extended to 20 days. So, November 14th will be the deadline date, Deputy Clerk Marra pointed out. - 7 - 00122b October 25, 1988 Thereafter, on motion by Trustee Mendicino, seconded by Trustee Filipowski, with Trustee Ravich abstaining, the following resolution was adopted: RESOLVED, that the Public Hearings on the DEIS for Heritage and the DGEIS for Rye Brook North, be and they hereby are cons.-.dered closed; and be it FURTHER RESOLVED, that the period of time for written comments be and it hereby is extended to 20 days, to wit: November 14, 1988. Mayor Cresenzi noted it was 10:00 P.M. and recommended a fifteen minute recess. At this time, the order of the agenda was slightly changed and the next item was heard first: 6. CERASO SUBDIVISION - 67 SOUTH RIDGE STREET Sam Lerner, the applicant's attorney, presented the subdivision application and explained that the Planning Board recommended approval with the restriction that certain trees had to remain. These trees, however, are located in the middle of the lot, Mr. Lerner mentioned. Deputy Clerk Marra proceeded to read a letter received in opposition to the application from Charles and Frances Speruzzi of 75 South Ridge Street. Mr. Klem then explained the location of the four trees which were in question. He said a 26" Maple could be saved if the house was positioned differently on the lot, but Mr. Lerner said that it was unfair to impede the placement of a house because of a tree. Dorothy Williams, 63 South Ridge Street, asked to see a sketch of the trees and then inquired what use would be made out of the lot; to which Mr. Lerner replied one, two-family house would be constructed. - s - October 25, 198 0122) Mrs. Wilds of 15 Division Street requested that adequate off- street parking be imposed and Mr. Lerner stated that four off-street parking spaces would be provided. The issue of the trees came up again and Mr. Lerner asked if the Board of Architectural Review could have the final authority on the one tree, and Mayor Cresenzi said the Village Engineer would have the final determination. Mr. Longo, a neighbor adjacent to the property, stated that the trees hung over his roof and asked if they could be cut down! Mr. Heller said in the tree preservation law that has not been reviewed, the trees must be pruned. He added that after the building permit is given, the trees come down anyway at the hands of the property owner's chain saw. Trustee Mendicino did not think it was fair to impose this because of the size of the property but Mayor Cresenzi explained that this was a large lot and had certain flexibility. Attorney Kramer suggested that this restriction run with the land and be noted on the Subdivision Map. Mr. Lerner then requested that the Recreation Fee be waived. Since the Board was opposed to waiving the fee, Attorney Kramer explained how the figure was arrived at. Thereafter, on motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: CERASO SUBDIVISION 67 SOUTH RIDGE STREET SECTION 1, BLOCK 20, LOT 5 WHEREAS, an Application for Subdivision Approval was submitted by Thomas Ceraso for the property located at 67 South Ridge Street, and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 20, Lot 5; and WHEREAS, on the 23rd day of August, 1988 the Board of Trustees referred this application to the Planning Board for their review and recommendations; and 9 - 001228 October 25, 1988 ll WHEREAS, a Public Hearing was held by the Board of Trustees on October 25, 1988 pursuant to notice and the Board has heard those members of the public desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby grants Subdivision Approval on the above-described premises located at 67 South Ridge Street; and be it FURTHER RESOLVED, that the Mayor be and he hereby is authorized to sign the Subdivision Map; and be it FURTHER RESOLVED, that the developer use his best efforts to maintain three major existing trees located on the subdivided lot; and be it FURTHER RESOLVED, that the Village Engineer use his discretion in determining whether one 26" Maple Tree may be removed to allow for the construction of a new home; and be it FURTHER RESOLVED, that the requirement that the trees not be removed willl run with the land and shall be noted on the Subdivision Map; and it is FURTHER RESOLVED, that a Recreation Fee, in lieu of land, in the amount of $4,900 be paid before the signing of said Subdivision Map. 5. PROPOSED LOCAL LAW #8-1988 - CODE ENFORCEMENT (Revised) Mayor Cresenzi explained that the list has been trimmed down to eliminate the Mayor, Administrator and Auxiliary Police from being Code Enforcement Officers, and a term of office will be established at 30 days. In answer to Shirley Rothenberg's question, Mayor Cresenzi replied that the Building Inspector is responsible for enforcing the Village Code and he needs the authority to do it and this local law would permit him to issue a notice of violation right on the spot. - 10 - 00 J - a y October 25, 1988 Mr.. Ken Heller said he was still opposed to it adding it will turn Rye Brook into a police state and these people would bs tres..assing on his property. These code enforcers will be given training and proper identification will be issued to them, Mayor Cresenzi said. Deputy Clerk Marra explained some incidences which have occurred regarding the new peeper scooper law; this will give the Village the opportunity to control the situation right there and then. In instances like that, you cannot issue an appearance ticket after the fact, she concluded. Mr. Bill Aughavin stated that the elected officials will be appointing the officers -- these are the same people who hire the paid full-time people. He said that he was sure the Mayor and Administrator would take and use their good judgment. These people are voted into office and can be voted out, he added. Following a brief discussion, on motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, this Board has met on this date at the time and place specified in the Notice of Public Hearing to consider the adoption of a proposed Local Law and has heard all persons desiring to be heard; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #8-1988 and orders that said law, as so amended, be herein inserted as a part of the minutes of this meeting: VILLAGE OF RYE BROOK LOCAL LAW #8 - 1988 A Local Law Entitled CODE !NFORCEMENT OF THE OF RYE BROOK VILLAGE CODE BE IT ENACTED by the Board of Trustees of the Village of Rye Brock as follows: - 11 - 00] 2Ju October 25, 1988 1. PURPOSE I The purpose of this Local Law is to augment who is specially authorized to issue and serve appearance tickets. in the enforcement of the Rye Brook Village Code pursuant to the provisions of the Municipal Home Rule Law. 2. DEFINITION Appearance Ticket: A written notice or citation issued and subscribed by a police officer or other public servant, directing a designated person to appear in a designated local criminal court at a designated future time in connection with an alleged commission of a designated offense. 3. AUTHORIZATION TO ISSUE APPEARANCE TICKETS Pursuant to Section 150.20 of the Criminal Procedure Law of the State of New York, the following Village Officials and Public Servants are hereby authorized to issue appearance tickets for violations of the Rye Brook Village Code: A. The Director of Public Works, Building Inspector and Assistant Building Inspector. B. The Highway Department Foreman. C. Temporary, paid or unpaid, Code Enforcement Officers, for a thirty (30) day renewable term, as appointed by the Mayor or Village Administrator, to work under the supervision of the Director of Public Works. Said temporary Code Enforcement officer(s) to be properly identified and notification of said appointment(s) to be posted on the Bulletin Board in the Village Office. 4. SEVERABILITY If any part of this Local Law shall be adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or invalidate the remainder thereof which will remain in full force and effect. 5. EFFECTIVE DATE This Local Law shall take effect immediately and thereafter be filed in the Office of the Secretary of State. - 12 - 00 123.1. October 25, 1988 At this time, on motion by Trustee Mendicino, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearings be, and they hereby are, declared closed. APPOINTMENTS/AUTHORIZATION 7. CHECK REGISTER AUTHORIZATION On motion by Trustee Ravich, seconded by Trustee Filipowski, 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: On-Line Checks #1174 - #1355; Combined Check Register: (Hand Checks) #8027 - #8043. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. DISCUSSION 8. NEW YORK-AMERICAN WATER CO. - WATER SUPPLY ADVISORY Mayor Cresenzi stated that New York-American Water Co. has announced additional outdoor water use restrictions. Water users are asked to limit outdoor lawn and garden watering. This is a preventative measure -- Stage II would call for mandatory restrictions, he added. - 13 - AJC) 1. 232 October 25, 1988 APPROVAL OF MINUTES 9. The Minutes of September 27, 1988, October 04, 1988 and October 11, 1988 were unanimously approved as presented with. one minor change being made to page 9 of the September 27th minutes. RESOLUTIONS/AGREEMENTS 10. RYE RIDGE SHOPPING CENTER - REQUEST TO USE VILLAGE STREETS On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: RYE RIDGE SHOPPING CENTER 1988 CHRISTMAS PROMOTION WHEREAS, the Rye Ridge Shopping Center presented a request to use Village Streets for the arrival of Santa Claus; NOW, THEREFORE, BE IT RESOLVED, that the Rye Ridge Shopping Center Merchants Association is hereby granted permission to use the Village streets for a Holiday Parade to mark the arrival of Santa Claus by fire truck on Friday, November 25, 1988 at approximately 11:00 A.M. 11. NYS EXECUTIVE DEPT. - DIVISION OF YOUTH PROJECT APPLICATION On motion by Trustee Mendicino, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: NEW YORK STATE DIVISION FOR YOUTH PROJECT APPLICATION FOR RECREATION FUNDING AND YOUTH SERVICES RESOLVED, that Salvatore M. Cresenzi, as Chief Executive Officer of the Village of Rye Brook, is hereby authorized to affix his signature on the New York State Executive Department, Division For Youth, Project Applications for Recreation Funding and Youth Services for the Project Year 1989. - 14 - 00123) October 25, 1988 12. DESIGNATION OF VILLAGE ELECTION - MARCH 21, 1989 On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was. adopted: VILLAGE ELECTION WHEREAS, pursuant to Section 15-104 of the Election Law, the Village Clerk shall, at least four months prior to the General Village Election, publish a notice designating the date of the Village Election, the office(s) to be filled at such election and the term(s) thereof; NOW THEREFORE, BE IT RESOLVED, that this Board hereby authorizes that the following Public Notice be posted and also be published in the Daily Item and in the Westmore News, the Official Newspapers of the Village of Rye Brook: PUBLIC NOTICE DESIGNATION OF VILLAGE ELECTION VILLAGE OF RYE BROOK PLEASE TAKE NOTICE that the next General Village Election in the Village of Rye Brook will be held on March 21, 1989; and PLEASE TAKE FURTHER NOTICE that the offices to be filled are: Trustees (2) each for a two- year term of office; commencing at 12:00 Noon on the 3rd day of April, 1989 and concluding at the end of the official year in 1991. NOT ON THE AGENDA Attorney Kramer requested that two items be set for a Public Hearing for November 22nd. These would be for two proposed Local Laws; one for Off-Street Parking and the other for Flag Lots. On motion by Trustee Ravich, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolutions were adopted: - 15 - 00 :! 234 October 25, 1988 PUBLIC HEARING PROPOSED LOCAL LAW #9 - 1988 OFF-STREET PARKING REGULATIONS VILLAGE OF RYE BROOK RESOLVED, that this Board hereby sets Tuesday, November 22, 1988, at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, Rye Brook, NY, as the date, time and place for a Public Hearing to consider amendments to Section 66-6 of the Rye Brook Zoning Law by the approval of proposed Local Law #9 - 1988, entitled Off-Street Parking Requirements for 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. PUBLIC HEARING PROPOSED LOCAL LAW #10 - 1988 FLAG/DEEP LOT SUBDIVISIONS VILLAGE OF RYE BROOK RESOLVED, that this Board hereby sets Tuesday, November 22, 1988, at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, Rye Brook, NY, as the date, time and place for a Public Hearing to consider amending Local Law #3-1985, entitled Land Subdivision Regulations by adopting proposed Local Law #10-1988, entitled Flag/Deep Lot Subdivisions for 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. Mayor Cresenzi requested that copies of the proposed Local Laws to submitted to the Planning Board in plenty of time for their review and recommendations. - 16 - 001235 October 25, 1988 13. CARLUCCI SANITATION - BREACH OF CONTRACT/FORFEITURE OF BOND Attorney Kramer answered Trustee Filipowski' s question by saying. that no official notice has been given regarding a bankruptcy petition being filed (by Carlucci Sanitation) . If the Village is stayed from doing this (retaining the Bond) , it will be governed in accordance with the Bankruptcy Law, Attorney Kramer stated, adding that this (action) is based on independent findings -- on the investigations held by the Village and by the County of Westchester. This is a determi- nation by the Board that this contract has been breached, Mrs. Kramer concluded. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution, as amended, was adopted: CARLUCCI SANITATION BREACH OF CONTRACT WHEREAS, the Village of Rye Brook entered into a contract with Carlucci Sanitation; and WHEREAS, the contract provided that Carlucci Sanitation would charge the municipality for dumping residential garbage; and WHEREAS, the contract did not permit Carlucci Sanitation to charge the Village with dumping fees for commercial, condominium or other non-Village garbage; and WHEREAS, the contract provided for a specific pick-up schedule; and WHEREAS, the Village of Rye Brook had reason to believe that Carlucci Sanitation was dumping such non-Village garbage and charging the dumping fees to the Village; and WHEREAS, the Village caused a private investigation to be conducted; and 17 - 001236 October 25, 1988 WHEREAS, the private investigator observed Carlucci Sanitation picking up non-permitted garbage, including garbage from the Arbors and Village Green Condo and Lyon Park and Port Chester Fish Market and numerous other commercial stops which appeared to be dumped and the dumping fees charged to the Village account; and WHEREAS, the Village of Rye Brook requested the assistance of the District Attorney's office in investigating the possible fraud; and WHEREAS, the District Attorney's office also had trucks of Carlucci Sanitation followed; and WHEREAS, the District Attorney's office conducted an independent investigation; and WHEREAS, the District Attorney reported to the Village officials that Carlucci Sanitation was dumping non-Village garbage at the expense of the Village; and WHEREAS, the Village initiated a lawsuit against Carlucci Sanitation for breach of contract, unjust enrichment and fraud; and WHEREAS, Carlucci Sanitation has also breached the contract by not providing trash pick-up on the days stated; and WHEREAS, these actions of Carlucci Sanitation are a breach of its contract with the Village of Rye Brook; and WHEREAS, the contract between the Village of Rye Brook and Carlucci Sanitation provides that Carlucci deposit the sum of $60,000 as security and that if the Board of Trustees determines that the contract has been breached, the Board of Trustees may withdraw any sum of money on deposit to cure the default in the contract; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees declares that Carlucci Sanitation is in breach of its contract and the Board of Trustees directs the Treasurer of the Village of Rye Brook to remove the $60,000 security fund from the Escrow Account and put it in the General Fund. 18 - d0.�. October 25, 1988 3 j j NEXT MEETING DATES REGULAR MEETING - NOVEMBER 22, 1988 REGULAR MEETING - DECEMBER 13, 1988 Mayor Cresenzi announced that there will be no Agenda Meeting on November 8th as that is Election Day. ADJOURNMENT On motion duly made and seconded, it was unanimously resolved that the meeting be adjourned at 11:40 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 16j 19 -