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HomeMy WebLinkAbout1987-10-27 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING OCTOBER 27, 1987 8:00 P.M. PUBLIC HEARINGS 1. (Adjourned) Proposed Local Law #11 of 1987 - Zoning Law of the Village of Rye Brook 2. Special Use Permit - Bambace & Borrelli Agency, Inc. 555 Westchester Avenue 3. Proposed Local Law #12 of 1987 - Recreation Fees for Site Plan Development DISCUSSION/CONSIDERATION 4. Recreation Fees for Non-Residential Property 5. Building Permit Fees 6. Fee for the sale of the Zoning Ordinance/Law 7. Logan - Request to use Possillipo Center on 5/21/88 8. Ethics Code Revisions 9. Traffic Commission - Discussion of Stop Signs AUTHORIZATION/APPOINTMENTS 10. Check Register Authorization 11. Westchester Urban County Cooperation Agreement 12. Sale of Surplus Equipment - Authorization 13. South East Consortium Inter-Agency Agreement 14. Appointment of Recreation Leader - Henry Jamin 15. Appointment of Motor Equipment Operator - Pat McNeil 16. Appointment of Police Officer - Russell C. Stein 17 . Appointment to Traffic Commission - Sy R. Tarshis APPROVAL OF MINUTES 18. September 8, 1987 19. September 22, 1987 NEXT MEETING DATES November 10, 1987 Agenda Meeting November 24, 1987 Regular Meeting i Rye Brook Village Offices are Handicapped Accessible 00090 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 27th DAY OF OCTOBER, 1987 IN THE VILLAGE OFFICES, 90 SOUTH RIDGE STREET . RYE BROOK, NEW YORK CONVENE REGULAR MEETING The meeting of the Village Board was called to order by Mayor Kabcenell at 8:05 P.M. and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Jack Kabcenell Trustee Milt Meiskin Trustee Mario Nardi Trustee Frank Filipowski Trustee Sal Cresenzi was not in attendance at this meeting. Also present were: Georgia Kramer, Village Attorney Rocco V. Circosta, Director of Public Works Mark ten Eicken, Asst. Building Inspector Joseph Cortese, Village Treasurer Jean A. Marra, Deputy Village Clerk Christopher J. Russo, Village Administrator, was not in attendance at this meeting. 0001103 October 27, 1987 BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: I. The purpose of this local law is to clarify certain language contained in Local Law #8 of 1984 of the Village of Rye Brook. II. Throughout Local Law #8 of 1984, the word "ordinance" shall now be referred to as "law" and the "Town of Rye" shall now be referred to as the "Village of Rye Brook" . III. This local law shall become effective immediately upon filing with the Secretary of State. 2. SPECIAL USE PERMIT - BAMBACE & BORRELLI AGENCY, INC. 555 WESTCHESTER AVENUE It was indicated by Mayor Kabcenell that this matter had been before the Planning Board and they had no objection to permitting this use as stated in a memo from the Director of Public-Works. Some questions concerning the shrubbery were raised by Trustee Filipowski, to which Attorney Kramer stated that wording could be incorporated into the resolution stating that the the existing screening had to be adequately maintained. Another question relating to the hours of operation was brought up by Trustee Filipowski, after which some discussion followed. Attorney Kramer then stated that "normal business hours" would be added as another condition of the resolution. Thereafter, on motion by Trustee Nardi, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: 3 - 000901 October 27, 1987 PUBLIC HEARINGS 1. PROPOSED LOCAL LAW #11 of 1987 - AMENDMENT TO THE ZONING LAW OF THE VILLAGE OF RYE BROOK Mayor Kabcenell explained that the purpose of this local law was to clarify certain language in the Zoning Law which was adopted as Local Law #8 of 1984. Thereafter, on motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. Mayor Kabcenell proceeded to read the proposed changes in the Zoning Law and on motion by Trustee Meiskin, 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 proposed Local Law #11 - 1987 and has heard all persons desiring to be heard; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #11 of 1987 and orders that said Local Law, as so adopted, be herein inserted and made a part of the minutes of this meeting. VILLAGE OF RYE BROOK LOCAL LAW #11 - 1987 A Local Law Entitled AMENDMENT TO THE ZONING LAW OF THE VILLAGE OF RYE BROOK - 2 - 0009.10 October 27, 1987 BAMBACE & BORRELLI AGENCY, INC. SPECIAL USE PERMIT WHEREAS, the Bambace and Borrelli Agency, Inc. has submitted an application for a Special Use Permit to use the premises located at 555 Westchester Avenue, a/k/a Section 1, Block 14, Lot 14 of the Village of Rye Brook, as professional offices for insurance and real estate purposes; and WHEREAS, a Public Hearing having been held on October 27, 1987, pursuant to notice; and the Planning Board having considered the application for a Special Use Permit; and the memorandum from the Director of Public Works, substantiating the recommendation of the Planning Board; and having heard those members of the public desiring to be heard; and upon hearing the comments and responses to questions by the applicant; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby grants a Special Use Permit to the Bambace and Borrelli Agency, Inc. for the purpose as so stated above, subject to the following conditions: - 1. The number of employees shall be limited to five. 2. Normal business hours shall be 9 A.M. to 5 P.M. , Monday through Friday. 3. The screening, as presently exists, shall be adequately maintained. 4. The use for which this Permit was granted, shall continue as same; and BE IT FURTHER RESOLVED, that if said purpose for which a Special Use Permit was obtained, shall terminate for a period of six consecutive months, then said Permit shall be considered as null and void. - 4 - 000911 October 27, 1987 3. PROPOSED LOCAL LAW #12 OF 1987 - RECREATION FEES FOR SITE PLAN DEVELOPMENT It was explained by Mayor Kabcenell, after he read the proposed local law, that this would establish a policy for setting recreational fees for site plan development. The Village does have a policy for fees, in lieu of land, for subdivisions but not for site plan approval, he added. Attorney Kramer explained that under recent case law, the Village was now permitted to do this. Thereafter, on motion by Trustee Nardi, 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 proposed Local Law #12 - 1987 and has heard all persons desiring to be heard; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #12 of 1987 and orders that said Local Law, as so adopted, be herein inserted and made a part of the minutes of this meeting. VILLAGE OF RYE BROOK LOCAL LAW #12 - 1987 A Local Law Entitled RECREATION FEES FOR SITE PLAN DEVELOPMENT BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: 1. PURPOSE 2. APPLICATION 3. EXCEPTIONS 4. SEVERABILITY 5. EFFECTIVE DATE - 5 - L?009.12 October 27, 1987 1. PURPOSE The purpose of this local law is to establish a policy regarding recreation fees for site plan development. 2. APPLICATION Before the Board of Trustees grants Final Site Plan Approval, such site plan of proposed development shall also show, in proper case and when required by the Board of Trustees, a park or parks suitably located for recreational purposes. 3. EXCEPTIONS A. If the Board of Trustees determines that a suitable park or parks of adequate size cannot be properly located on any such site or is otherwise not practical, the Board may require, as a condition to final approval of any such site plan, a payment in a sum to be determined by the Board of Trustees. B. Said sum shall be deposited in a trust fund to be used by the Board of Trustees exclusively for neighborhood park, playground or recreational purposes, including but not limited to, the acquisition of land. C. However, said fee shall not be required if, at the time of subdivision approval, land has been dedicated to the Village for park or recreational purposes or a fee has been imposed to be used for park and recreational purposes. 4. SEVERABILITY If any part of this local law is, for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this local law. S. EFFECTIVE DATE This local law shall take effect immediately upon filing in the Office of the Secretary of State. 6 - 0009 ;3 October 27, 1987 Upon motion duly made and seconded, with a unanimous vote of the Board, it was RESOLVED, that the Public Hearings be, and they hereby are, declared closed. DISCUSSION/CONSIDERATION 4. RECREATION FEES FOR NON-RESIDENTIAL PROPERTY This resolution, Mayor Kabcenell stated, would now set the fees for the local law just adopted by the Board. The 2,000 square footage figure was questioned by Trustee Meiskin, to which Attorney Kramer responded that it was based on floor area. She continued that this was only establishing policy and that individual cases could be handled on a case-by-case basis. The local law grants the Board the authority to set the recreational fees, in lieu of land, and the fee did not have to be identical for every situation, Mrs. Kramer added. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: RECREATIONAL FEES (in lieu of land) FOR NON-RESIDENTIAL PROPERTY WHEREAS, this Board has established a policy for the donation of land, and has established the amount of Recreational Fees to be paid, in lieu of land, for residential subdivisions; and WHEREAS, no policy has been established for non-residential property in the Village of Rye Brook; NOW, THEREFORE, BE IT RESOLVED, that when the Board determines a fee in lieu of recreational land for non-residential property, said fee shall be $7,000 per acre plus $1,750 per 2,000 square feet, or portion thereof, of newly created floor area (including basement areas) . 7 - 0009.1.4 October 27, 1987 5. BUILDING PERMIT FEES Following Mayor Kabcenell's explanation of the proposed increase in building permit fees, Attorney Kramer stated that at the completion of a job and before a C.O. is issued, there is a requirement that the job be estimated at the beginning and certified to at the end. In estimating improvements, Mr. Circosta said there were several bases for determining that the estimated cost figures were accurate. Following a brief discussion, on motion by Trustee Meiskin, seconded by Trustee Nardi, with a unanimous vote of the Board, the following resolution was adopted: BUILDING DEPARTMENT PERMIT FEES WHEREAS, a comparison was made of fees that other municipalities charge for various Building Department Permits; and WHEREAS, it was ascertained that certain fees the Village previously established were now below that of other municipali- ties; and WHEREAS, with the new requirements of the New York State Energy Code and the additional training required, much time is allocated to these duties. NOW, THEREFORE, BE IT RESOLVED, that under the provisions of Local Law #9 of 1984, this Board hereby authorizes that the following items be charged for at the fees so stated: BUILDING PERMITS Filing Fee $25 Plus $5 for each $1,000 or fraction thereof, of Construction Costs. - 8 - 000:x.15 October 27, 1987 ELECTRICAL PERMITS 1 - 20 Outlets $10 21 - 50 " 15 51 - 100 " 20 101 - 200 " 25 201 - 300 " 50 Temporary Service $10 Swimming Pool 10 New Service: 200 amp 10 +200 amp 20 Gas Pump $10 Heating Boiler 10 Elevator 10 Other 10 6. FEE FOR THE SALE OF THE ZONING LAW The Rye Brook Zoning Law is quite lengthy, Mayor Kabcenell explained, and the present charge for a copy was $5. Trustee Meiskin added that he considered the price rather low. Based on the charge of 25 cents per page, he suggested $24.25 per copy for the 97 page document. The Deputy Village Clerk offered that the $15 figure was based on a comparison of the costs established by other municipalities and, in her opinion, the proposed $15 charge represented a fair price. Thereafter on motion by Trustee Nardi, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: ESTABLISHING FEE FOR RYE BROOK ZONING LAW WHEREAS, there are on a daily basis, certain fees in the normal course of business which must be charged; and WHEREAS, under the Freedom of Information Law, the charge for photocopying is set at twenty- five (25) cents per page; and - 9 - 000916 October 27, 1987 WHEREAS, the Zoning Law of the Village of Rye Brook is ninety-seven (97) pages long; and WHEREAS, if the Zoning Law were charged for under the rate established by the Freedom of Information Act, the charge would amount to $24.25; and WHEREAS, the current charge for a copy of the Rye Brook Zoning Law is Five Dollars ($5) . NOW, THEREFORE, BE IT RESOLVED, that the price to be paid for a copy of the Rye Brook Zoning Law shall be, and it hereby is, set at Fifteen Dollars ($15) , effective immediately. 7. LOGAN - REQUEST TO USE POSILLIPO CENTER ON 5/21/88 A letter from Mr. & Mrs. Logan, of 32 Garibaldi Place, requesting to use the Posillipo Center for their 50th Wedding Anniversary party was read by Mayor Kabcenell, and on motion Trustee Nardi, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: WAIVING THE MORATORIUM ON THE USE OF THE POSILLIPO CENTER WHEREAS, a request has been received from Mr. & Mrs. Logan of 32 Garibaldi Place to use the Anthony J. Posillipo Community Center; and WHEREAS, this request was made in order for the Logans to use the facility to celebrate their 50th Wedding Anniversary; and WHEREAS, there has been a moratorium on the use of the Community Center due to inadequate parking facilities; and - 10 - 0009.11 October 27, 1987 WHEREAS, the Logans have made parking arrangements with friends and residents in their neighborhood; and NOW, THEREFORE, BE IT RESOLVED that, on the recommendation of the Recreation Commission at a meeting held on October 6, 1987, this Board hereby grants permission to Mr. & Mrs. Logan to use the Posillipo Community Center on May 21, 1988 or on May 28, 1988 from 3:00 P.M. to 8:00 P.M. ; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby extends their congratulations and best wishes to the Logans on the celebra- tion of their 50th Wedding Anniversary. S. ETHICS CODE REVISIONS The amendments to the Code of Ethics, Local Law #10 of 1985, were outlined by Mayor Kabcenell. Some questions were brought up by Mr. Gene Strum regarding the wording in the proposed changes. He pointed out that not every official was elected; they could be a write-in candidate or appointed to an office which was vacated. Mayor Kabcenell then requested that Attorney Kramer modify the proposed local law so it could be considered for a Public Hearing. 9. TRAFFIC COMMISSION - DISCUSSION OF STOP SIGNS This item was deferred to another meeting. - 11 - 00001.8 October 27, 1987 AUTHORIZATION/APPOINTMENTS 10. CHECK REGISTER AUTHORIZATION As per a request from the Village Treasurer, and on motion by Trustee Meiskin, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: Payroll Checks #11287 - #11727; Combined Check Register #7618 - #7810; Combined Check Register (Hand Checks) #5082 - 5122. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby authorizes payment of the above-mentioned claims as approved and audited. 11. WESTCHESTER URBAN COUNTY COOPERATION AGREEMENT Following Mayor Kabcenell's explanation of the Cooperation Agreement with the County of Westchester, Mr. Circosta explained that some municipalities have benefited from this program as it related to street and sewer improvements and various facilities for the handicapped and senior citizens. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Meiskin, with a unanimous vote of Board, the following resolution was adopted: - 12 - 0009,1 J October 27, 1987 COUNTY OF WESTCHESTER URBAN COUNTY COOPERATION AGREEMENT RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF WESTCHESTER FOR THE PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1974, to make grants to states and other units of general local government to help finance Community Development programs; and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more other municipal corpora- tions, to apply for, accept and expend funds made available by the Federal Government, either direct- ly or through the state, pursuant to the provisions of any Federal Law which is not inconsistent with the statutes or constitution of this state, in order to administer, conduct or participate with the Federal Government in programs relating to the general welfare of the inhabitants of such municipal corporation; and WHEREAS, the Community Development act of 1974 and any "Eligible Activities" thereunder are not inconsistent with the statutes or Constitution of the State; and WHEREAS, a number of municipalities have requested Westchester's participation, and the County of Westchester has determined that it is desirable and in the public interest that it make such appli- cation for Community Development Block Grant Funds as an Urban County; and WHEREAS, participation by the County of Westchester as an urban County in the Community Development Program requires that the Village of Rye Brook and the County of Westchester cooperate in undertaking, or assist in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution; and - 13 - 000920 October 27, 1987 WHEREAS, this Board deems it to be in the public interest for the Village of Rye Brook to enter into a Cooperation Agreement with the County of Westchester for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED, that Mayor Jack L. Kabcenell be, and he hereby is, authorized to execute a Cooperation Agreement between the Village of Rye Brook and the County of Westchester for the purposes of under- taking a Community Development Program pursuant to the Housing and Community Development Act of 1974. 12. SALE OF SURPLUS EQUIPMENT - AUTHORIZATION Mayor Kabcenell stated that this item related to declaring certain equipment as surplus and authorizing its sale. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Meiskin, with a unanimous vote of the Board, the following resolution was adopted: SALE OF SURPLUS EQUIPMENT WHEREAS, reorganization is currently taking place in the Village Offices and since reliable equipment is of the utmost importance, a new copying machine was recently purchased to meet these increased demands; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby declares the Canon NP-500AF copier as surplus equipment and authorizes the Village Administrator to sell said copier at the highest offer. 14 - 00092.1 October 27, 1987 13. SOUTH EAST CONSORTIUM INTER-AGENCY AGREEMENT Following his narrative of the Consortium' s agreement, Mayor Kabcenell stated that Thomas Hroncich is very active with the Consortium and that he is on the Board of Directors. The Mayor then stated that Mr. Hroncich had made quite an admirable contribution to this valuable organization. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Nardi, with a unanimous vote of the Board, the following resolution was adopted: SOUTH EAST CONSORTIUM INTER-AGENCY AGREEMENT WHEREAS, there exists the South East Consortium for Special Services, Inc. , a not-for-profit corporation of the State of New York; and WHEREAS, an Inter-Agency Agreement with the Consortium enables municipalities the opportunity to provide a collective program or special recreational services for the disabled individuals through participation; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby authorizes the expenditure of $2,639 as the Municipal Contribution for the Village of Rye Brook for the year 1988; and BE IT FURTHER RESOLVED, that Mayor Kabcenell be and he hereby is authorized to sign said Agreement with the South East Consortium. 14. APPOINTMENT OF RECREATION LEADER - HENRY A. JAMIN, III Pursuant to the recommendation of the Village Administrator, and the Superintendent of Recreation, and on motion by Trustee Meiskin, seconded by Trustee Nardi, with a unanimous vote of the Board, the following resolution was adopted: - 15 - 000922 October 27, 1987 RECREATION LEADER WHEREAS, a Recreation Leader was needed in order to fulfill the growing recrea- tional needs in our community; NOW, THEREFORE, BE IT RESOLVED, that on the recommendation of Thomas Hroncich, the Supt. of Recreation, this Board hereby appoints Henry A. Jamin, III, of Woodland Drive, Carmel, as a Recreation Leader, effective retroactive to the 1st day of October, 1987; and BE IT FURTHER RESOLVED, that Mr. Jamin be compensated at the annual salary of $18,000. x x x x x 15. APPOINTMENT OF MOTOR EQUIPMENT OPERATOR - PAT McNEILL Pursuant to the recommendation of the Village Administrator, and on motion by Trustee Nardi, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: HIGHWAY DEPT./MOTOR EQUIPMENT OPERATOR WHEREAS, there exists a vacancy in the Highway Department for a Motor Equipment Operator; and WHEREAS, said vacancy has existed since August, 1987; and WHEREAS, Pat McNeill has been serving satisfactorily in that position, out of title; NOW, THEREFORE, BE IT RESOLVED, that Pat McNeill be, and he hereby is, promoted to the position of Motor Equipment Operator for the Village of Rye Brook, effective October 28, 1987; and BE IT FURTHER RESOLVED, that he be compensated at the annual salary of $28,671. - 16 - ®00923 October 27, 1987 16. APPOINTMENT OF POLICE OFFICER - RUSSELL C. STEIN Pursuant to the recommendation of the Chief of Police, and on motion by Trustee Nardi, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: APPOINTMENT OF POLICE OFFICER WHEREAS, out of over thirty persons interviewed for the position of Police Officer of the Village of Rye Brook, only one candidate received the recommendation of the Police Chief; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby authorizes the appointment of Russell C. Stein, of 159 Campfire Road, Chappaqua, as a Rye Brook Police Officer, effective retroactive to October 15, 1987; and BE IT FURTHER RESOLVED, that Mr. Stein be compensated for such position at the annual rate of $22,689. x x x x x 17. APPOINTMENT TO THE TRAFFIC COMMISSION - BY R. TARSHIS Mayor Kabcenell explained that a vacancy existed on the Traffic Commission, and on motion by Trustee Filipowski, seconded by Trustee Nardi, with a unanimous vote of the Board, the following resolution was adopted: TRAFFIC COMMISSION WHEREAS, there currently exists a vacancy on the Traffic Commission of the Village of Rye Brook; NOW, THEREFORE, BE IT RESOLVED, that Sy R. Tarshis, of Sleepy Hollow Road, be and he hereby is appointed as a member of the Traffic Commission; and BE IT FURTHER RESOLVED, that said term of office shall expire on the 31st day of May, 1990. - 17 - 000924 October 27, 1987 APPROVAL OF MINUTES 18. The Minutes of September 8, 1987 were presented, and on motion duly made and seconded, were unanimously approved as presented. 19. The Minutes of September 22, 1987 were presented, and on motion duly made and seconded, were unanimously approved as presented. NOT ON THE AGENDA Mr. Ken Heller stated that he spoke with the Port Chester Board of Education and that they were willing to meet regarding the use of the field, to which Mayor Kabcenell replied that the Board was aware of that fact. ADJOURNMENT On motion by Trustee Meiskin, seconded by Trustee Nardi, it was unanimously resolved that the Board adjourn into an Executive Session at 9:15 P.M. to discuss a litigation matter. Respectfully submitted, Jean A. Marra Deputy Village Clerk 18 -