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HomeMy WebLinkAbout1988-11-22 - Board of Trustees Meeting Minutes VILLAGE OFRYEBROOK BOARD OF TRUSTEES REGULAR MEETING NOVEMBER 22, 1988 8:00 P.M. PUBLIC HEARINGS 1. AMENDMENT TO PUD REGULATIONS - (Continued) 2. PROPOSED LOCAL LAW #9-1988: OFF-STREET PARKING REQUIREMENTS 3. PROPOSED LOCAL LAW #10-1988: FLAG/DEEP LOT SUBDIVISIONS PLANNING BOARD REFERRALS 4. SUBDIVISION APPLICATION - MORIARTY: 255 NORTH RIDGE STREET 5. SUBDIVISION APPLICATION - MURRAY: 6 HAWTHORNE AVENUE 6. SITE PLAN APPLICATION - SOUND FEDERAL S & L: 115 SO. RIDGE STREET 7. AMENDMENT TO SITE PLAN APPROVAL - BROOKRIDGE CONDOMINIUMS/WYMAN ST. DISCUSSION 8. LUKASHOK - PROPOSED RETAIL BUILDING: BOWMAN AVENUE & BARBER PLACE 9. ARROWWOOD - AMENDED SITE PLAN 10. ALTERNATE SIDE-OF-THE-STREET PARKING: WINDSOR ROAD RESOLUTIONS/AGREEMENTS 11. ACCEPTANCE OF FEIS - BROOK II VENTURES 12. BROOK II - SUBDIVISION & SITE PLAN APPROVAL SET PUBLIC HEARING DATE - DECEMBER 13, 1988 13 . AWARDING OF CONTRACT #88-08: LIQUID CALCIUM CHLORIDE 14. AWARDING OF CONTRACT #88-09: SAND 15. BOND RESOLUTION - DUMP TRUCK APPOINTMENTS/AUTHORIZATION 16. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 17 . OCTOBER 25, 1988 NEXT MEETING DATES REGULAR MEETING - DECEMBER 13, 1988 AGENDA MEETING - JANUARY 10, 1989 REGULAR MEETING - JANUARY 24, 1989 Recycling is a Good Investment! 001236 MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 22nd DAY OF NOVEMBER, 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 8:15 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 Georgia Kramer, Corporation Counsel Rocco V. Circosta, Director of Public Works Joseph Cortese, Village Treasurer Jean A. Marra, Deputy Village Clerk 00123) November 22, 1988 PUBLIC HEARINGS 1. AMENDMENT TO PUD REGULATIONS - (Continued) On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearings be, and they hereby are, declared open. The changes in the PUD regulations were briefly explained by Fritz Wiedel of Frederick P. Clark Associates who stated that this would reduce the minimum required lot size from 30 acres to 10 acres and the density from 7 units to per acre to perhaps 6. Trustee Mendicino questioned the October 10th letter from the County wherein it was stated that the parcels should continue as the present use exists and that residential housing for the area was undesirable. William Cuddy, the attorney for Arrowwood and Heritage, stated this would affect both of his clients' desire to construct residential housing on those properties. Some discussion then followed concerning some missing letters and memos and Mayor Cresenzi stated that he was in receipt of a memo from Rocco Circosta which discussed the Planning Board's actions; the Planning Board voted 4 to 3 that the PUD regula- tions stand as they are. Mr. Cuddy went on to explain that there were three ways to develop this property: 1. Modify existing multi-family residential district; 2. A clustering approach; or 3. Modifi- cation of PUD -- which has been on the books for fifteen years. The most appropriate way, Mr. Cuddy said, was by modifying PUD and since last January, he has worked with the Planning Board regarding modifications to that ordinance. He added that his clients have developed residential property in Florida which is located near an airport so they were familiar in dealing with similar situations. - 2 - 001240 November 22, 1988 There are two projects in the Town of Harrison which are in the same district as this (Heritage) property is, Mr. Cuddy stated, adding that he disagreed with the letter from the County. This puts the property owner at a disadvantage because in order to, get approval for this, an 80% vote from the Board is required; not 60%. Many hotels in the area are for sale, Mr. Cuddy noted, adding there was no foreseeable future for that use. He then suggested that the County buy the land and not deny the property owner the reasonable use of it. There is no predictability in rezoning, he added, and mandatory clustering is not the answer. Many other municipalities use PUD, Mr. Cuddy stated, adding that residential use has less of an impact on traffic than any other use. He then asked that the Board please do not just dismiss this as it has an obligation to the welfare of the community. Mayor Cresenzi thanked Mr. Cuddy for his statement, after which Mr. Bernard Klem, a Planning Board member, pointed out it was highly inappropriate for an applicant to submit legislation for our Village. Times change, Mr. Ken Heller mentioned, some years ago some of these same people wanted hotel zoning. Since this didn't work, they want it changed; what about five years from now? he asked. To answer one of Mr. Heller's statement, Mr. Wiedle responded that eleven automobile trips per day per household includes every, vehicle arriving and leaving the dwelling such as delivery trucks, mail service, school buses, people off to work, etc. ; one trip coming and one trip going is counted, he concluded. This is a potpourri of uses and traffic is not generated at peak hours. As the Village Planner, he said he would not recommend something that was bad for the Village -- he has the Village' s best interest at heart. The number of homes which could be constructed if the size of the PUD was changed from 30 to 10 acres is what' s being questioned here, Mayor Cresenzi said, adding that the Heritage site was mainly under discussion and that same project could be developed under mandatory clustering. That is a "crap shoot" for the developer, Mr. Cuddy stressed, the developer would have no guidance. - 3 - 00124t November 22, 1988 After polling the Board, Mayor Cresenzi announced that the general consensus was not to change the PUD regulations. Thereafter, on motion by Trustee Mendicino, seconded by Trustee Smith, with Trustee Ravich abstaining, it was RESOLVED, that the Public Hearing be closed on the Amendments to the PUD Regulations but that the record remain open for ten days (December 2, 1988) for comments which will then be discussed at the December 20, 1988 meeting. Mr. Cuddy \ then noted for the record that Trustee Ravich may not have to abstain in future discussions since the PUD regulations were not adopted. The order of the agenda was slightly changed with Item #3 being heard first. 3. PROPOSED LOCAL LAW #10-1988: FLAG/DEEP LOT SUBDIVISIONS At the request of the Planning and Zoning Boards, Mayor Cresenzi stated that this matter would be adjourned to December 20th; however, Mr. Bruno Gioffre interjected that he understood it was difficult for the Board to act on this matter now but requested that .the proposed law be distributed to those boards as soon as possible so that they had sufficient time to review it. Mr. Gioffre continued by saying that what he was just handed by the Deputy Clerk suggested that the (flag lot) properties be "two times the size" and with the approximately 95 lots suitable for flag lots in the Village, none of them would be eligible under this proposal. He then requested that the Board give careful consideration to this proposal and added that he would like time to address this fully at the December 20th meeting. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: 4 - 001242 November 22, 1988 RESOLVED, that the Public Hearing on Proposed Local Law #10-1988, entitled "Flag/Deep Lot Subdivisions" be and it hereby is adjourned to December 20, 1988 at 8:00 P.M. 2. PROPOSED LOCAL LAW #9-1988: OFF-STREET PARKING REQUIREMENTS Ms. Lisa Teitlebaum, of Frederick P. Clark Associates, explained the proposed changes in the off-street parking requirements and added that there were also new provisions for cluster housing as well as parking requirements for banks and service stations being added. Deputy Clerk Marra then explained that there was certain wording that was to be removed in the proposed law as it was redundant. Mayor Cresenzi stated that this proposed law reflects today' s times and anticipates for new construction. Mr. Bernie Klem of the Planning Board submitted that the Zoning Code Revision Committee worked very closely with Lisa on this and then suggested that one item be added. In reply to a question raised by Trustee Mendicino, Ms. Teitelbaum replied that all requirements were for on-site parking. Too many changes were presented this evening, Mr. Gioffre said, so a decision (on adopting the proposed law) would be very difficult to make. Trustee Filipowski said that he did not think that the proposed parking regulations were sufficient considering the number of cars in some families today, and a discussion then followed regarding garages. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: - 5 - 0(3" b 4 November 22, 1988 -1 RESOLVED, that the Public Hearing on Proposed Local Law #9-1988, entitled "Off-Street Parking Requirements" be and hereby is adjourned to December 20, 1988 at 8:00 P.M. ; and be it FURTHER RESOLVED, that the Village Board hereby declares itself Lead Agency for the proposed zoning changes and as such, is solely responsible for determining whether this action will have a signifi- cant impact on the environment. PLANNING BOARD REFERRALS 4. SUBDIVISION APPLICATION - MORIARTY: 255 NORTH RIDGE STREET On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: MORIARTY SUBDIVISION APPLICATION 255 NORTH RIDGE STREET PLANNING/ZONING BOARD REFERRAL WHEREAS, the Village Clerk received an appli- cation from Charles and Millie Moriarty for Subdivision Approval on the premises located at 255 North Ridge Street, and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 6, Lot 54-C; NOW, THEREFORE, BE IT RESOLVED, that this matter be, and it hereby is, referred to the Zoning Board this 22nd day of November, 1988 for conditional approval regarding a zoning variance; and be it FURTHER RESOLVED, that this matter then be referred to the Planing Board for their review and recommendations regarding subdivision approval. - 6 001241 November 22, 1988 5. SUBDIVISION APPLICATION - MURRAY' 6 HAWTHORNE AVENUE I On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was. adopted: MURRAY SUBDIVISION APPLICATION 6 HAWTHORNE AVENUE PLANNING BOARD REFERRAL WHEREAS, the Village Clerk received an appli- cation from Peter Murray for Subdivision Approval on the premises located at 6 Hawthorne Avenue and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 15, Lot 38; NOW, THEREFORE, BE IT RESOLVED, that this matter be, and it hereby is, referred to the Planning Board this 22nd day of November, 1988 for their review and recommenda- tions; and be it FURTHER RESOLVED, that the applicant is hereby required to contribute the amount of $2,000 towards consulting fees for environmental impact review, and said amount shall be due and payable upon referral to the Planning Board of said application; and be it FURTHER RESOLVED, that if the entire sum of $2,000 is not required for said consulting fees, then the balance shall be returned to the applicant; however, if additional sums are needed for consulting fees, then they shall be paid by the applicant. 6. SITE PLAN APPLICATION - SOUND FEDERAL S & L: 115 SO RIDGE ST On motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: - 7 - 001245 November 22, 1988 �i SOUND FEDERAL SAVINGS & LOAN SITE PLAN APPROVAL APPLICATION 115 SOUTH RIDGE STREET PLANNING BOARD REFERRAL WHEREAS, the Village Clerk received an appli- cation from Sound Federal Savings and Loan Association for Site Plan Approval which would provide for additional parking spaces on the premises located at 115 South Ridge Street and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 24, Lots 1-A and 26-B; NOW, THEREFORE, BE IT RESOLVED, that this matter be, and it hereby is, referred to the Planning Board this 22nd day of November, 1988 for their review and recommenda- tions; and be it FURTHER RESOLVED, that the applicant is hereby required to contribute the amount of $500 towards consulting fees for environmental impact review, and said amount shall be due and payable upon referral to the Planning Board of said application; and be it FURTHER RESOLVED, that if the entire sum of $500 is not required for said consulting fees, then the balance shall be returned to the applicant; however, if additional sums are needed for consulting fees, then they shall be paid by the applicant. 7. AMENDMENT TO SITE PLAN APPROVAL - BROOKRIDGE CONDOMINIUMS/ WYMAN STREET On motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: BROOKRIDGE CONDOMINIUMS AMENDED SITE PLAN APPROVAL WYMAN STREET/SOUTH RIDGE STREET PLANNING BOARD REFERRAL - 8 - 001246 November 22, 1988 WHEREAS, the Village Clerk received an appli- cation from the Frank Mercede Jr. Construction Group for Amended Site Plan Approval to install a swimming pool on the premises located at South Ridge Street and Wyman Street and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 22, Lots 4AD11-18 and 4AD23 & 5; NOW, THEREFORE, BE IT RESOLVED, that this matter be, and it hereby is, referred to the Planning Board this 22nd day of November, 1988 for their review and recommendations. DISCUSSION 8. LUKASHOK - PROPOSED RETAIL BUILDING: BOWMAN AVE. & BARBER PL At the request of Mr. Bruno Gioffre, the applicant's attorney, this matter was placed on hold. 9. ARROWWOOD - AMENDEDSITEPLAN Mr. William Cuddy, the attorney for the applicant, presented an overview of what had previously transpired with respect to the Arrowwood property and he then introduced Mr. Ed Wilson, an architect and planner with the Hilliard Group, who proceeded to explain the proposed plans for expanding the conference center by approximately 28,000 square feet and for adding about 75 to 100 executive guest villas. Also being proposed, he said, was a fitness center, maintenance building, gazebo and tennis bubble as shown on the sketch submitted. Mr. Wilson went on to explain that the golf course would be reconstructed and reconfigured with the other half of the site being developed with approximately 144 residential units having ingress and egress off Anderson Hill Road. When Trustee Mendicino asked how many acres the residential units would be on, Mr. Wilson estimated 46.5 saying it has not been exactly calculated and Mr. Cuddy interjected that part of the golf course was incorporated into the residential area. - 9 - I00124 i November 22, 1988 In answer to questions raised by Trustee Smith and Mr. Wiedle, Mr. Cuddy said he did not know if the golf course would remain public, however, he said it would not be owned by the home owners; the area would be preserved as green space and it would, not be subdivided any further. Mr. Wilson concluded by saying that the residential development would consist of 96 villas and 48 attached two-story townhouses with 2 parking spaces per dwelling unit for the villas and 4 parking spaces per unit for the townhouses with 143 guest parking areas being provided. i 10. ALTERNATE SIDE-OF-THE-STREET PARKING - WINDSOR ROAD At the request of Administrator Russo, this matter was placed on hold pending a recommendation from the Traffic Committee. RESOLUTIONS/AGREEMENTS 11. ACCEPTANCE OF FEIS - BROOK II VENTURES Even though it is not required by the SEQR process, Attorney Kramer recommended that the FEIS be adopted at a Public Hearing; and thereafter, on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: BROOK II VENTURES, INC. RYE BROOK ESTATES - NORTH RIDGE STREET SECTION 1, BLOCK 5 LOTS 19F, 19E02A, 19D1 & 19E3 ACCEPTANCE OF FEIS WHEREAS, a Draft Environmental Impact State- ment (DEIS) was accepted as complete for distribution on August 23, 1988 by the Rye Brook Village Board of Trustees; and WHEREAS, the revised and updated DEIS was thereafter circulated to all interested and involved agencies identified on the Circula- tion List; and - 10 - 001248 November 22, 1988 WHEREAS, a Public Hearing was held on said DEIS on October 11, 1988 and public comments were received from interested parties with respect thereto; and WHEREAS, the Board of Trustees is responsible for the adequacy and accuracy of the Final Environmental Impact Statement (FEIS) ; and WHEREAS, the Board wishes to invite public participation and comment; NOW, THEREFORE, BE IT RESOLVED, that the updated Final Environmental Impact Statement prepared by Parish & Weiner Inc. , dated November, 1988, as submitted by Brook II Ventures, Inc. be, and it hereby is, accepted by the Board of Trustees this 22nd day of November, 1988 as being complete; and be it FURTHER RESOLVED, that the FEIS be circulated to all interested and involved agencies; and be it FURTHER RESOLVED, that a Public Hearing be set for December 20, 1988 at 8:00 P.M. in the Village Offices to determine whether the Board of Trustees should adopt the FEIS; and be it FURTHER RESOLVED, that the Notice of Completion be prepared in accordance with §617.10 (f) of the SEQR Laws; and it is FURTHER RESOLVED, that the Deputy Clerk is hereby authorized to publish the Notice of Public Hearing in the Official Newspaper of the Village of Rye Brook. 12. BROOK II - SUBDIVISION & SITE PLAN APPROVAL SET PUBLIC HEARING DATE - DECEMBER 13, 1988 Mayor Cresenzi announced that this matter would be deferred until after the Public Hearing was held on the adoption of the Final Environmental Impact Statement -- probably sometime in January, 1989. - 11 - oa124J November 22, 1988 II 13. AWARDING OF CONTRACT #88-08: CALCIUM CHLORIDE On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was, adopted: AWARDING OF CONTRACT - #88-08 LIQUID CALCIUM CHLORIDE WHEREAS, proposals for the purchase of Liquid Calcium Chloride were mailed to five vendors with only one vendor responding; and WHEREAS, on Wednesday, November 16, 1988 the bid was publicly opened and read; and WHEREAS, the the Director of Public Works has reviewed the documents submitted; NOW, THEREFORE, BE IT RESOLVED, that James Reed Sales, Inc. of Grahamsville, New York, be and it hereby is, awarded Contract #88-08 for furnishing Liquid Calcium Chloride at the bid price of $.73 per gallon; and BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute the contract with said vendor for furnishing this product. 14. AWARDING OF CONTRACT #88-09: SAND On motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: AWARDING OF CONTRACT - #88-09 SAND WHEREAS, proposals for the furnishing of sand were mailed to ten vendors; and WHEREAS, on November 16, 1988, the three bids received was publicly opened and read; and WHEREAS, the Director of Public Works has reviewed all of the documents submitted; - 12 - I001250 November 22, 1988 NOW, THEREFORE, BE IT RESOLVED, that J.A.I. Sand & Gravel of Middle Island, New York, be and hereby is, awarded Contract #88-09 for furnishing and delivering sand at the bid price of $9.35 per cubic yard; and BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute the contract with said vendor for furnishing this product. When asked by Mayor Cresenzi how much sand the Village uses, Mr. __ 0 under this of 80 25 cubic yards a savings $ Circosta replied 4 Y contract. 15. BOND RESOLUTION - DUMP TRUCK On motion by Trustee Smith, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: BOND RESOLUTION, DATED NOVEMBER 22, 1988 A RESOLUTION AUTHORIZING THE ISSUANCE OF $55,335 IN SERIAL BONDS AND $2,915 IN CAPITAL NOTES OF THE VILLAGE OF RYE BROOK, NEW YORK, TO FINANCE THE PURCHASE OF A DUMP TRUCK FOR SAID VILLAGE PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK. BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York, as follows: SECTION 1. The Village of Rye Brook shall, pursuant to the provisions of the Local Finance Law of the State of New York, issue its Serial Bonds in the aggregate principal amount of $55,335 in order to finance the specific object or purpose hereinafter described. SECTION 2. The specific object or purpose (herein- after referred to as "purpose") to be financed by the issuance of such Serial Bonds includes, and is limited to the following purpose to be undertaken during or after the year 1988: The purchase of a dump truck to be used for construction and mainte- nance purposes in the Village of Rye Brook. - 13 - 001251 November 22, 1988 i SECTION 3. The Board of Trustees has determined, and hereby states, that the estimated maximum cost of such purpose is $58,250 and that it plans to finance such cost by the use of (1) $2,915 to be raised as current funds by the issuance of capital notes prior to the issuance of Serial Bonds and any bond anticipation notes in anticipation of said bonds and (2) $55,335 by the issuance of Serial Bonds as authorized by this resolution and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. SECTION 4. The Board of Trustees hereby determines: a) That the purpose for which said bonds are to be issued is described in Subdivision 28 of Paragraph A. of Section 11 of said Local Finance Law and that the period of probable usefulness of the aforesaid purpose is fifteen (15) years. b) The proposed maturity of the Serial Bonds herein authorized is in excess of five (5) years. c) No part of the cost of the specific purpose authorized by this resolution has been or shall be specially assessed on property specially benefited thereby. SECTION S. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Section 30, 50 and 56 to 60 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolu- tion and the renewal of said nates; and the power to sell and deliver said Serial Bonds; and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds and capital notes issued pursuant to this resolution and any bond anticipa- tion notes issued in anticipation of the issuance of said Serial Bonds. The Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bands, capital notes or bond antici- pation notes and to attest to such seal. Each interest coupon representing interest payable on such Serial Bonds shall be authenticated by the facsimile signature of the Village Treasurer. - 14 - 00-.252 November 22, 1988 SECTION 6. When this resolution shall take effect in a manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81 of said Local Finance Law; said publication shall be in The Daily Item and The Westmore News, the official newspapers, having a general circulation in said village, and published in the County of Westchester and State of New York. SECTION 7. The validity of such Serial Bonds and bond anticipation notes may be contested only if: a) such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or b) the provisions of law which should be complied with at the date of publication of this reso- lution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or c) if such obligations are authorized in violation of the provisions of the Constitution of New York. SECTION 8. This resolution is subject to permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. APPOINTMENTS/AUTHORIZATION 16. CHECK REGISTER AUTHORIZATION On motion by Trustee Filipowski, seconded by Trustee Mendicino, with a unanimous vote of the Board, the following resolution was adopted: CHECK REGISTER 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: - 15 - 001253 November 22, 1988 On-Line Checks #1356 - #1425; Hand Checks #8044 - #8052. Payroll Checks #14404 - #14793. NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. APPROVAL OF MINUTES 17. OCTOBER 25, 1988 The Minutes of October 25, 1988 were unanimously approved as amended on page 4 and 11. NOT ON THE AGENDA At the request of Attorney Kramer, and on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Carlucci Sanitation matter be placed on the agenda. CARLUCCI SANITATION - MODIFIED RESOLUTION Attorney Kramer stated that subsequent to the action the Board previously took, Carlucci Sanitation filed for bankruptcy and she proceeded to read the modified resolution. Thereafter, on motion by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the resolution was adopted as follows: - 16 - 001254 I November 22, 1988 i CARLUCCI SANITATION RESOLUTION 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 Village of Rye Brook had reason to believe that Carlucci Sanitation was dumping such non-Village garbage and was charging the dumping fees to the Village; and WHEREAS, the Village caused a private investigation to be conducted; and WHEREAS, the private investigator reported to Village Officials that he 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 were 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, these actions of Carlucci Sanitation are a breach of its contract with the Village of Rye Brook; and 17 - I001255 November 22, 1988 WHEREAS, the Village has been advised that Carlucci Sanitation has filed for protection under the Bankruptcy Laws; 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 as soon as the withdrawal of said funds is permitted by the Bank- ruptcy Laws. At this time, Administrator Russo announced that the "first ever Annual Report for the Village of Rye Brook, which embraced the fiscal year 1987-88, was available to anyone who would like a copy of it. Mayor Cresenzi praised the Annual Report as a job well done and Administrator Russo stated he would continue to improve on it. Mrs. Sissy Sherlock publicly acknowledged her gratitude for the summer camp program and for the generosity of the Village in allowing the children to attend. Mrs. Sherlock then stated it was very gratifying to see Village employees checking the dredging work done on the east branch of the Blind Brook last Monday and added that she was thankful for the job they were doing. Trustee Mendicino then questioned the dumping at the Key Hole and Mr. Circosta stated that a letter would be written to Barber and Coccola. - 18 - 001250 November 22, 1988 Mr. Bernie Klem stressed that the Planning Board was struggling with applications and asked if the Village Board would request that a representative of the Traffic Committee attend the Planning Board meetings. Input from a member of the Traffic Committee would be very helpful, Mr. Klem concluded. Mayor Cresenzi then requested that Administrator Russo write a letter to the Traffic Committee stating Mr. Klem's desire. ADJOURNMENT On motion duly made and seconded, it was unanimously resolved that the meeting be adjourned at 10:25 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 16j 19 -