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HomeMy WebLinkAbout1989-11-14 - Board of Trustees Meeting Minutes AGENDA MEETING NOVEMBER 14, 1989 8:00 P.M. REPORTS A. STATUS - PURCHASE OF LAND LOCATED AT: 211 SOUTH RIDGE STREET & ELLENDALE AVENUE B. CREATION OF YOUTH COUNCIL (MAYOR) RESOLUTIONS C. DESIGNATION OF OFFICES FOR VILLAGE ELECTION DAY MARCH 20, 1990 D. NY AMERICAN WATER RATE CASE - RETAINING LAW FIRM OF SEHAM-ZELMAN E. BUDGET MODIFICATION FOR FINANCIAL STATEMENTS F. SET PUBLIC HEARING DATE - PROPOSED LOCAL LAW #7 - 1989: 11/28/89 ALTERNATIVE VETERANS EXEMPTION PURSUANT TO REAL PROPERTY TAX LAW G. NYS EXECUTIVE DEPT. , DIVISION FOR YOUTH: PROJECT APPLICATIONS H. HOLIDAY KICKOFF PARADE - NOVEMBER 24, 1989 APPROVAL OF MINUTES I. OCTOBER 10, 1989 AGENDA ITEMS FOR NOVEMBER 28, 1989 PUBLIC HEARINGS 1. CASTRO/LANGTRY - 509 WESTCHESTER AVENUE - SPECIAL USE PERMIT RESOLUTIONS/AGREEMENTS 2. SET DECEMBER MEETING DATE FOR DECEMBER 12, 1989 3. AWARDING OF CONTRACTS: #89-07 ICE CONTROL SAND and #89-08 LIQUID CALCIUM CHLORIDE 4. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 5. OCTOBER 24, 1989 and NOVEMBER 14, 1989 NEXT MEETING DATES REGULAR MEETING - NOV. 28, 1989 REGULAR MEETING - DEC. 12, 1989 * DON'T PRODUCE IT! REDUCE IT! RECYCLE! WE'RE WORTH IT! 001501 MINUTES OF AN AGENDA MEETING THE BOARD OF TRUSTEES VILLAGE OF RYE BROOK NOVEMBER 14, 1989 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: 15 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 Edward Beane, Village Attorney Jean A. Marra, Deputy Village Clerk 00150o November 14, 1989 REPORTS A. STATUS - PURCHASE OF LAND LOCATED AT: 211 SOUTH RIDGE STREET & ELLENDALE AVENUE Administrator Russo presented a status report on the Village's proposal to purchase the building at 211 South Ridge Street. Three separate parcels are involved: the corner lot with the new office building; a two-family home on Ellendale Avenue; and a double undeveloped lot (on Ellendale) which backs to the Highway Garage. The new building consists of 13,400 square feet which includes half of the lower level being utilized as office space, Mr. Russo said, adding that presently the Village Offices occupied about 8,500 square feet. Taking into consideration the overall increase of 64%, that same percentage factor was used in calculating the anticipated increase in operating expenses, which Mr. Russo explained with the use of several charts he prepared. Since the Village never benefitted from an increase in property tax based on the construction of this building, it would not actually be losing any revenue other than that which is currently assessed, he pointed out. The Highway Garage would benefit with an increase in yard space of about 38%; space for a salt shed would be available; it would provide .room to maintain refuse collection vehicles, space would be available for a recycling depot and future garage renovations as well, Mr. Russo said. Since no sudden population boom is expected in Rye Brook over the next 20 years, and according to the Westchester County Department of Planning, no significant increases are predicted at all for the area, the new building should adequately meet the Village's needs for many years to come. When asked by Trustee Mendicino if the affected people were willing to sell 'their homes, Mr. Russo replied that, based on advice of counsel, he couldn't answer that question; but did say that no one has not been interested in talking. The Administrator responded to another question, by saying there would be a one time tax rate increase of 5% and Trustee Mendicino expressed concern about the elderly being able to afford it. Another question raised by Trustee Mendicino concerned the present lease agreement the Village has and Mr. Russo explained it could be terminated with a 180 day notice. Trustee Filipowski then asked several questions which Mr. Russo answered as follows: The new building has 13,400 gross square feet (including one-half of the lower level being finished) , of which 10,000 would actually be utilized -- allowing for hallways, common areas, storage, etc. - 2 - 001501 November 14, 1989 The issue of ingress and egress onto Ridge Street would have to be completely reviewed, Mr. Russo said, with Mayor Cresenzi adding that Frederick P. Clark Associates could review the traffic flow and patterns. Ellendale is a steep road, Mayor Cresenzi said, but the Police Dept. only utilizes two vehicles per shift, and the Village employees stay put -- they will not generate the traffic that several doctors' offices would; lunch hours are staggered and most meetings take place in the evenings. In answer to another question raised, Mr. Russo explained that the building contains 10,000 square feet and has adequate parking. If the Village was to buy it, half of the lower level would be converted to office space and would eliminate some of the parking. The purchase of the other properties would supply that additional parking area while at the same time increase the area for the Highway Garage. The under- ground parking area is larger than the building -- it goes under the parking area in the front of the building. To answer Mr. Ken Heller's questions, Trustee Ravich said the building is handicapped accessible now -- there are ramps and there is an elevator. A suggestion was made that a driveway be made through the Highway Garage (from Ellendale to West William) and Mayor Cresenzi said Frederick P. Clark could review that as well. Mr. Joseph Pellino said the proposed Clark study should be linked closely to police activities -- if the police had to respond to an emergency situation, it may be very difficult for them to exit onto Ridge Street at 2:00 P.M. on a Saturday afternoon; except, Mayor Cresenzi explained, the police vehicles are usually out on patrol except for shift changes. At this time, Mr. Pellino repeated his notion about utilizing the Village-owned property on King Street (for an office building) because 2 or 3 acres would be more than needed for a firehouse. Trustee Filipowski said the property behind the Highway Garage could be looked at separately -- the Village still needs that property -- the building is something else. Mr. Heller said he did not think this (West William Street and Ellendale Avenue) was an area for sanitation equipment -- the King Street area could be developed very nicely; to which the Mayor responded that the costs involved would be prohibitive. He added that since the Village did not own the garage, it could not sell it. Mr. Max Ramirez who owns the two-family house (on Ellendale) behind the building, asked why, if this building was so "unique", it was not approved by the Planning Board. He continued by saying that he had offered to sell his property to the contractor at the time the building was under construction but the builder didn't want it. - 3 - 001510 November 14, 1989 Mayor Cresenzi explained that there was sufficient parking for the building as it presently existed but if the Village bought it and utilized the lower floor, some of that parking would be eliminated. If the Village does not buy the building, additional parking won't be needed. Another purchaser will not need additional parking -- the Village is talking about entirely different plans for the Village's needs. Mr. Bernard Klem stated that the Planning Board did not consider anything happening on Lots 2, 3 & 4 (when this matter was before them) and he thought a 50 vehicle parking lot would have a negative impact on the residents; however, the Mayor assured him that anything the Village did would have the least impact possible -- the best fencing and screening would certainly be provided. When asked if this purchase would go to public referendum, Mayor Cresenzi explained that if the Board voted to pass the bonding resolution, it would then be subject to a permissive referendum; 20% of the registered voters who voted in the last General Election, would have 30 days in which to petition for such a referendum. Should the Board decide to do this, information will be mailed to every home in the Village, Mayor Cresenzi announced, adding that the matter will be discussed further at the next meeting. B. CREATION OF YOUTH COUNCIL (MAYOR) Mayor Cresenzi stated that he would like to reactivate the Youth Council and he proposed Nancy Tunis as Chair and the new Youth Officer, Jimmy Mitchell, as a member of the council. At this time, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that Nancy Tunis, of 23 Pine Ridge Road, be and hereby is appointed as Chair of the Youth Council; and be it FURTHER RESOLVED, that such appointment shall be for a term to be decided upon the adoption of a charter for said Youth Council; and be it FURTHER RESOLVED, that Jimmy Mitchell, Youth officer for the Rye Brook Police Dept. , be and hereby is appointed as a member of the Youth Council; and be it FURTHER RESOLVED, that such appointment shall be for a term to be decided upon the adoption of a charter for said Youth Council. - 4 - 0 01 Eo R November 14, 1989 The Mayor then requested the Board members to put some additional names together for the November 28th meeting. In answer to former Trustee Stan Zak' s question, Mayor Cresenzi said he didn't know exactly how many would be on the Council -- only that several residents have expressed an interest and one of their first undertakings would be to develop a charter. Trustee Mendicino suggested an equal mix from both school districts and the Mayor added the word "qualified" to that statement. RESOLUTIONS C. DESIGNATION OF OFFICES FOR VILLAGE ELECTION DAY MARCH 20, 1990 On motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: VILLAGE ELECTION WHEREAS, pursuant to Section 15-104 of the Election Law, at least four months prior to the General Village Election, the Village Clerk shall publish a notice designating the date of the next 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 published in the Daily Item and in the Westmore News, the Official Newspapers of the Village of Rye Brook: PUBLIC NOTICE PLEASE TAKE NOTICE that the next General Village Election in the Village of Rye Brook will be held on March 20, 1990; and PLEASE TAKE FURTHER NOTICE that the offices to be filled are: Trustees (2) and the office of the Mayor; each for a two-year term of office commencing at noon on the 2nd day of April, 1990 and concluding at the end of the official year in 1992. D. NY AMERICAN WATER RATE CASE - RETAINING LAW FIRM OF SEHAM-ZELMAN On motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: - 5 - QOY5- 2 November 14, 1989 NEW YORK-AMERICAN WATER COMPANY 1989/90 WATER RATE CASE WHEREAS, the New York-American Water Company has proposed a water rate increase of approximately 26% which would negatively affect the residents of Rye Brook; and WHEREAS, the Rye Brook Village Board is desirous of contesting this proposed increase; NOW, THEREFORE, BE IT RESOLVED, that the Village Administrator is hereby authorized to execute a Retainer Agreement with the Law Firm of Seham, Klein & Zelman, 485 Madison Avenue, New York, NY, at a maximum combined fee of $55,000 plus disbursements, in order to resist the proposed rate increase being sought by the New York- American Water Company; and be it FURTHER RESOLVED, that said fees and expenses shall be allocated among the participating municipalities in accordance with the formula as follows: City of Rye 44.5% Village of Port Chester 34.8% Village of Rye Brook 20.7% Mr. Pellino asked if the Village was successful in the past (contest- ing the increase) and Administrator Russo stated that any increase was reduced compared to what was asked for. Trustee Ravich announced there would be a meeting on Monday, November 27th, with the water company to discuss this entire matter and he urged everyone to attend. E. BUDGET MODIFICATION FOR FINANCIAL STATEMENTS On motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: BUDGET MODIFICATION WHEREAS, in order to balance the Financial Statements for the 1988/89 fiscal year, certain modifications have to be made; - 6 - 0015)1 ] November 14, 1989 NOW, THEREFORE, BE IT RESOLVED, that pursuant to a request from the Village Treasurer, this Board hereby authorizes that the following Budget Modifications, in the amount of $38,060, be made this 14th day of November, 1989 as follows: From: General Government Support $35,207 General Government Support 593 Home & Community Services 2,260 To: Public Safety $35,207 Health 593 Culture & Recreation 2,260 F. SET PUBLIC HEARING DATE - PROPOSED LOCAL LAW #7 - 1989: 11/28/89 ALTERNATIVE VETERANS EXEMPTION PURSUANT TO REAL PROPERTY TAX LAW On motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: ALTERNATIVE VETERANS EXEMPTION FROM REAL PROPERTY TAX LAW PROPOSED LOCAL LAW #7 - 1989 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 adoption of Proposed Local Law #7 of 1989, entitled Alternative Veterans Exemption from Real Property Tax Law; and BE IT FURTHER RESOLVED, that the Clerk is hereby authorized to publish the Notice of Public Hearing in the Official Newspapers of the Village of Rye Brook. When asked by Mr. Heller what this proposed local law referred to, Administrator Russo replied that • Vietnam Veterans would now be eligible for an exemption, whereas before they weren't. Mr. Pellino asked how many other municipalities have passed this and Mayor Cresenzi replied that so far, about half to three-quarters have adopted it. - 7 - November 14, 1989 G. NYS EXECUTIVE DEPT. , DIVISION FOR YOUTH: PROJECT APPLICATIONS On motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: NEW YORK STATE DIVISION FOR YOUTH PROJECT APPLICATION FOR RECREATION FUNDING & 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 in the amount of $3,501.75 and for Youth Services, in the amount of $3,140.00 for the Project Year 1990; and be it FURTHER RESOLVED, that continuation of the program with Family Service of Westchester, Inc. , as described in the Project Application, is hereby authorized this 14th day of November, 1989. H. HOLIDAY KICKOFF PARADE - NOVEMBER 24, 1989 On motion by Trustee Filipowski, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: RYE RIDGE SHOPPING CENTER 1989 HOLIDAY KICKOFF PARADE WHEREAS, the Rye Ridge Shopping Center has requested the use of Village streets to hold a parade for the arrival of Santa Claus; NOW, THEREFORE, BE IT RESOLVED, that Rye Ridge Shopping Center Merchants Association is hereby granted permission to use the Village streets for a Holiday Parade to be held on Friday, November 24, 1989 at approximately 1:00 P.M. ; and be it FURTHER RESOLVED, that a Rye Brook Police Officer be made available to escort the parade and to protect pedestrians and parade participants. - 8 - - 00 -1510 November 14, 1989 APPROVAL OF MINUTES I. OCTOBER 10, 1989 The Minutes of October 10, 1989 were unanimously accepted as presented. Mayor Cresenzi then placed the following items on the agenda for the November 28, 1989 meeting: PUBLIC HEARINGS 1. CASTRO/LANGTRY - 509 WESTCHESTER AVENUE - SPECIAL USE PERMIT RESOLUTIONS/AGREEMENTS 2. SET DECEMBER MEETING DATE FOR DECEMBER 12, 1989 3. AWARDING OF CONTRACTS: #89-07 ICE CONTROL SAND and #89-08 LIQUID CALCIUM CHLORIDE 4. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 5. OCTOBER 24, 1989 and NOVEMBER 14, 1989 NEXT MEETING DATES REGULAR MEETING - NOV. 28, 1989 REGULAR MEETING - DEC. 12, 1989 At this time Administrator Russo displayed the "Blue Boxes" to be used for recycling purposes and said the project will shortly be underway -in the Rye Hills - Rye Brook neighborhoods. These boxes were made possible through the generosity of General Foods in cooperation with Suburban Carting Corp. , Mr. Russo stated, adding that a flyer which is being printed by the Westchester Law Journal will be delivered together with the "Blue Boxes" and will contain vital information regarding items which are recyclable. If the program is successful between now and May 31st of next year, Mr. Russo said it will be expanded to other areas of the Village. One of the tremendous features of this program, is that it's at no cost to the Village -- it's at the expense of Suburban Carting. Mr. Pellino asked how much longer leaf collection would continue, to which Mr. Circosta replied through the second week in December. Mr. Heller reported that a tree on Lot 9 in Deer Run fell into Blind Brook and he suggested that it be removed before it blocked the flow of water. 9 - 001516 November 14, 1989 Trustee Ravich answered some questions raised by Mr. Heller by saying that the Auxiliary Police Officers were covered by the Village' s Workers Compensation plan; however, they are on duty with the sanction of the County and the primary responsibility rests with them. The Auxiliary do not take out a police vehicle on their own -- their primary purpose is to assist in traffic control. Before any Auxiliary is used for any event, Mayor Cresenzi said written authorization is obtained from the County and should an emergency arise, permission is obtained after the fact. Mr. Stan Zak said the building at Crawford Park was erected without a building permit and he asked the Board to request the Town of Rye to apply for a building permit for the structure. Mr. Peter Murray indicated that the Planning Board denied his subdivision application (for 6 Hawthorne Avenue) and he requested that it be placed on the next Village Board agenda. Mayor Cresenzi said the matter will be on the November 28th agenda to establish a Public Hearing for December 12th. ADJOURNMENT There being no further business to come before the Board, on motion by Trustee Mendicino, seconded by Trustee Ravich, it was unanimously resolved that the Meeting be adjourned at 9:45 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 1vJ 10 -