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HomeMy WebLinkAbout1989-11-28 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING NOVEMBER 28, 1989 8:00 P.M. PUBLIC HEARINGS 1. CASTRO/LANGTRY - 509 WESTCHESTER AVENUE - SPECIAL USE PERMIT 2. PROPOSED LOCAL LAW #7 - 1989:. ALTERNATIVE VETERANS EXEMPTION PURSUANT TO REAL PROPERTY TAX LAW REPORTS 3. DISCUSSION - PURCHASE OF LAND LOCATED AT: 211 SOUTH RIDGE STREET & ELLENDALE AVENUE 4. YOUTH COUNCIL - PROPOSED MEMBERS RESOLUTIONS/AGREEMENTS 5. SET DECEMBER MEETING DATE FOR DECEMBER 12, 1989 6. AWARDING OF CONTRACTS: 489-07 ICE CONTROL SAND and #89-08 LIQUID CALCIUM CHLORIDE 7 . SET PUBLIC HEARING DATE FOR DECEMBER 12, 1989 PETER MURRAY SUBDIVISION - 6 HAWTHORNE AVENUE 8. APPROVAL OF 1990 DAY CAMP FEES 9. SUPPORT OF DRUG-FREE SCHOOL ZONES 10. CHECK REGISTER AUTHORIZATION APPROVAL OF MINUTES 11. OCTOBER 24, 1989 and NOVEMBER 14, 1989 NEXT MEETING DATES REGULAR MEETING - DEC. 12, 1989 AGENDA MEETING - JAN. 9, 1990 DON'T PRODUCE IT! REDUCE IT! *** RECYCLE *** 00 i. 51.® MINUTES OF A REGULAR MEETING THE BOARD OF TRUSTEES VILLAGE OF RYE BROOK VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 28, 1989 CONVENE MEETING The 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 Also present were: Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Edward Beane, Village Attorney Joseph Cortese, Village Treasurer Jean A. Marra, Deputy Village Clerk x x x x x 001516 i November 28, 1989 __. PUBLIC HEARINGS 1. CASTRO/LANGTRY - 509 WESTCHESTER AVENUE - SPECIAL USE PERMIT On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearings be, and they hereby are, declared open. Dominick Pierro, Esq. , representing the applicants who were also present, explained the parking arrangements for the tenants of the building as well as the employees and client parking. At the suggestion of the Planning Board, a deck was removed to allow for additional parking, he said. Mr. Pierro explained that most work is just dropped off and picked up, so there should be ample parking. Presently, the firm employs two bookkeepers but that may increase - depending on the time of the year. He also pointed out that Mr. Castro and Mr. Langtry are in the office on different days of the week. In conclusion, he said the applicants have complied with all of the Planning Board' s requests. Some discussion followed regarding the number of employees and Attorney Beane explained that there were to be no more than four employees on the premises at the same time. If. some people work off the premises, there is no problem; but the parking spaces for the tenants, are not to be used by the employees, he said. There was some further discussion about clients parking elsewhere and the possible dangers of crossing Westchester Avenue. Mr. Pierro said clients would park in the back of the property and enter the offices through the rear door. He wouldn't want the clients inconvenienced by having to park anywhere else. Thereafter,- on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: SPECIAL USE PERMIT 509 WESTCHESTER AVENUE ROBERT CASTRO & THOMAS LANGTRY SECTION 1, BLOCK 15, LOT 32 WHEREAS, an application for a Special Use Permit was submitted by Robert Castro and Thomas Langtry to use the premises located at 509 Westchester Avenue, and known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 15, Lot 32, as an Accounting Office; and - 1 - 0051 November 28, 1989 WHEREAS, a Public Hearing was held this 28th day of November, 1989 pursuant to notice; the Planning Board reviewed this application on September 14th and November 13, 1989; a memorandum from the Director of Public Works substantiated the recommendations of the Planning Board; and the Village Board has heard those members of the public desiring to be heard; NOW, THEREFORE, BE IT RESOLVED, that the application of Castro & Langtry for a Special Use Permit for an Accounting Office at 509 Westchester Avenue, Rye Brook is hereby granted subject to the following conditions: 1. The second floor of said premises shall remain as a residential use. 2. Eight parking spaces shall be maintained on the premises at all times and be designated as follows: Two parking spaces shall be designated and reserved for the second floor residential use; four spaces shall be designated and used for the employees of the Accounting Office; and the two remaining spaces shall be designated and used for the clients of the Accounting Office. 3. This Special Use Permit shall be limited to four (4) employees of the Accounting Office. The term, "employee of the Accounting Office," shall mean all professional and nonprofessional persons performing accounting and related 'functions, either on a part- time or a full-time basis. 4. The use for which this Permit was granted shall continue as such; and be it FURTHER RESOLVED, that if the purpose for which this Special Use Permit was obtained is terminated for a period of six consecutive months, said Permit shall be considered null and void. 2. PROPOSED LOCAL LAW #7 - 1989: ALTERNATIVE VETERANS EXEMPTION PURSUANT TO REAL PROPERTY TAX LAW Ms. Barbara Chase, the Assessor, stated it was difficult to project the actual tax dollar that would effect the Village -- it could be nothing since this freezes the amount of the old exemption. If the Board passes this law, and she strongly recommended they do, Vietnam and Korean Veterans would now be entitled to an exemption. Mayor Cresenzi said he was in favor of the law and found it very worthwhile to extend this little bit of thanks to the Veterans. - 2 - 00.15,2` November 28, 1.989 Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: LOCAL LAW #7 - 1989. WHEREAS, a Public Hearing was held on this 28th day of November, 1989 at the time and place, so specified in the Notice of Public Hearing, in order for the Board of. Trustees to consider the adoption of a proposed Local law and to hear all those persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law #7 - 1989 entitled, "Alternate Veterans Exemption (Pursuant to the Real Property Tax Law)" of the Village of Rye Brook and orders that said law as so adopted be herein inserted and made a part of the minutes of this meeting. VILLAGE OF RYE BROOK LOCAL LAW #7 - 1989 ALTERNATIVE VETERANS EXEMPTION (PURSUANT TO THE REAL PROPERTY TAX LAW) I. This Local Law is adopted pursuant to Section 458-a (4) of the Real Property Tax Law. II. The maximum exemptions shall be granted to qualified veterans of. the Village of Rye Brook pursuant to the terms contained in Section 458-a of the Real Property Tax Law. II. This Local Law shall take effect upon filing with the Secretary of State and, thereafter, be implemented by the Vill-age of Rye Brook for. the 1991 Tax Roll. REPORTS 3. DISCUSSION - PURCHASE OF LAND LOCATED AT: 211 SOUTH RIDGE STREET & ELLENDALE AVENUE Administrator Russo brei.fly reiterated what transpired at the last meeting and added that to answer a question raised, if the Village- offices illageOffices remained where they were, after 7.5 years, the cost would be approximately 8 million 50 thousand dollars. Comparing this to moving to 211 South Ridge, where the figure would be 8 million dollars even, the difference would be the savings to the Village. 3 - 0052.1. November 28, 1989 I The former Village Treasurer, Sid Braudy, added that the square footage would not only be increased, but the Village would also have the additional parcels of land as well. At the end of. the 25 year period, the property at 211 South Ridge would still be usable and valuable as compared to leasing -- which is a distinct advantage. Former Trustee Stan Zak pointed out that this Board was in a position to take a logical step at this time and he was in favor of it. John Haley, of Betsy Brown Road, said this would be the largest expenditure the Village has ever made. He claimed that this was a small, rather unattractive building and the parking was already inadequate. He said he preferred that the Board consider other alternatives. The property owned by the City of Rye, Rye Hills Park, Red Roof Farm, and the General Foods building were mentioned by Mr. Haley as alternatives. He said that a building could be built to the Village' s specifications and a youth center and pool could be incorporated into a Village complex. He then sugested the Board have a study done to explore other possibilities. A7.1 those alternatives have been looked into as well as the bowling alley and the property on King Street, Mayor Cresenzi said. This was all covered at the last meeting and he briefly reiterated what was discussed. Following a discussion on the lack of sewers at King Street property, Mayor Cresenzi said the property in question presented a "unique opportunity" ; the building is not completed in the interior and could be finished to the Village' s specifications and it would be linked to the Highway Garage. In ten years if more space was needed, the building could either be expanded or it could be sold, he said, adding that the costs to build elsewhere would far exceed the 3 million dollar figure. A Planning Board member, Joe Pellino, mentioned that it wasn't necessary for the Police and Village Offices to be in the business district and pointed out that Pelham Manor and several municipalities in Long Island have their facilities :in a residential area and he urged the Board to contact them and ask what the advantages or drawbacks were. Being in the business district .is extremely convenient for the residents, Mayor Cresenzi related, especially in this particular location being so near the Highway Garage. Mr. Ken Heller of Lincoln Avenue suggested that an engineer look at the building (at 2.11 South Ridge) to see if it would last 2.5 years because he noted standing water on the parking area in front of the building. He then stated that this was not a convenient location for the Village Offices -- the King Street parcel is large enough to house the Highway Garage, Police Department and Village Offices. - 4 - 0015 42, November 28, 1989 Mayor Cresenzi reminded Mr. Heller that the building was not yet finished. As far as trafic goes, the Mayor said the building is there whether Rye Brook moves into it or another firm does. Rye Brook brings in 18 cars daily including the Police Department and people come and go at different times. Traffic will be less if Rye Brook occupies the building rather than doctors or dentists, Mayor Cresenzi stated. There is no advantage to moving the Highway Garage, an existing and functioning facility, to another location, the Mayor said. Also, this building will not be available forever; the Board has to make a decision on it. In answer to Trustee Filipowski's question, Mr. Louis Larizza, the owner of 211 South Ridge Street, said production on the building has been stopped for over, a month now. He stated the building would not be completed until he had a decision from the Village since they want to do certain things that he doesn't have plans for like the Police Department addition. However, he said, construction would begin again on December 15th and, after that time, if the Village was still interested, the work that's been done would have to be removed. The homeowner of one of the properties in question, Mr. Max Ramierz, asked how the 3 million dollar figure was arrived at since no one has even offered him $1 for his property. Administrator Russo said that figure is a total cap of what the Village is willing to spend on the entire project. To answer Mr. Heller's question, Attorney Beane stated that the Board was considering passing a resolution authorizing a bond issue for not more than 3 million dollars; it was not a commitment to buy anything -- including additional land. Mr. John Messina, who said he is "just a concerned citizen," pointed out that the Village was paying a lot of rent and has outgrown the space. He saw no reason for the Village not to do this (purchase the property) . To have a maintenance department or Village Office up on King Street .is a mistake, he said. Mr. Healy said he thinks that the Village should invest .in the future, but suggested that other communities be spoken to first. Trustee Filipowski inquired about a traffic study that was to have been done by Frederick P. Clark Associates and Mayor Cresenzi said it was just received and is available. Mr. Heller asked if the 3 million included the moving costs and installation of equipment and Trustee Ravish said it was a turn-key operation. Mayor Cresenzi added that the figure included everything. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: 5 - 001523 November 28, 1989 PROPOSED BOND ISSUE FOR THE PURCHASE OF AN OFFICE BUILDING AND ADJOINING PROPERTIES LOCATED AT SOUTH RIDGE STREET & ELLENDALE AVENUE SECTION 1, BLOCK 25, LOTS 26, 1., 2, 3 & 4 RESOLVED, that a Public Hearing will be held by the Board of Trustees of. the Village of Rye Brook on Tuesday, December 12, 1989, at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, Rye Brook, New York, to discuss a proposed bond issue for three million dollars to consider the purchase of an Office Building and adjoining properties to house the Village Offices and Police Department. Said property is located at 211 South Ridge Street and also on Ellendale Avenue, and is known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 25, Lots 26, 1, 2, 3 & 4; and be it FURTHER RESOLVED, that the Village Clerk is hereby authorized to publish the Notice of Public Hearing in the official Newspapers of the Village of Rye Brook. 4. YOUTH COUNCIL - PROPOSED MEMBERS This matter will be discussed at the December 12th meeting, Mayor Cresenzi stated. RESOLUTIONS/AGREEMENTS 5. SET DECEMBER MEETING DATE FOR DECEMBER 12, 1989 On motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: VILLAGE BOARD MEETING DATE DECEMBER 12, 1989 RESOLVED, that this Board hereby rescinds the previous dates established for the December meetings and sets Tuesday, December 12, 1989 at 8:00 P.M. as the only date for the Board of Trustees Regular Meeting for the month of December. 6. AWARDING OF CONTRACTS: #89-07 ICE CONTROL SAND and #89-08 LIQUID CALCIUM CHLORIDE On motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: - 6 - 00 524 November 28, 1989 AWARDING OF CONTRACT #89-07 FURNISH.I.NG & DELIVERING ICE CONTROL SAND WHEREAS, proposals for furnishing and delivering Ice Control Sand were mailed to ten vendors; and WHEREAS, on Wednesday, October 18, 1989 the four bids received were publicly open and read, and thereafter reviewed by the Village Administrator and the Director of Public Works; NOW, THEREFORE, RE IT RESOLVED, that Lynkev Truck Company of Melville, New York is hereby awarded Contract #89-07 at the bid price of $11..82 per cubic yard; and be it FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute an agreement with Lynkev Truck Company in connection with Contract #89-07. On motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: AWARDING OF CONTRACT #89-08 LIQUID CALCIUM CHLORIDE WHEREAS, proposals for furnishing and delivering Liquid Calcium Chloride were mailed to five vendors; and WHEREAS, on Wednesday, October 18, 1989 the one bid received was publicly open and read, and there- after reviewed by the Village Administrator and the Director of Public Works; NOW, THEREFORE, BE IT RESOLVED, that James Reed Sales, Inc. of Grahams- ville, NY is hereby awarded Contract #89-08 at the bid price of. $.73 per gallon, for an approximate total of $4,015; and be it FURTHER RESOLVED, that the Village Administrator ,is hereby authorized to execute an agreement with James Reed Sales, Inc. in connection with Contract #89-08. - 7 - 00152 November 28, 3.989 7. SET PUBLIC HEARING DATE FOR DECEMBER 12, 1989 PETER MURRAY SUBDIVISION - 6 HAWTHORNE AVENUE On motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: MURRAY - SUBDIVISION APPLICATION 6 HAWTHORNE AVENUE SECTION l., BLOCK 15, LOT 38 RESOLVED, that this Board hereby sets Tuesday, December 12, 1989, 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 the application received 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; BE IT FURTHER RESOLVED, that the Clerk is hereby authorized to publish the Notice of Public Hearing in the Official Newspapers of the Village. 8. APPROVAL OF 1990 DAY CAMP FEES On motion by Trustee Smith, seconded by Trustee Ravich, with unanimous vote of the Board, the following resolution was adopted: VILLAGE OF RYE BROOK - 1990 DAY CAMP FEES RESOLVED, that this Board hereby approves the following Day Camp Fees for the Department of Recreation and Parks: $125 for 1st child (if registered by May 3rd) 75 for each additional child ( " 11 ) $160 for 1st child (registered after May 3rd) 110 for each additional child ( " 11 ) Nonresident Fees (before or after May 3rd) : $250 for 1st child 200 for 2nd child 200 for 3rd child AND BE IT FURTHER RESOLVED, that these fees shall go into effect for the 1990 Day Camp Season. Trustee Ravich noted that the Board still had to discuss remaining fee schedule for the Village, - 8 - 001 526 November 2.8, 1989 9. SUPPORT OF DRUG-FREE SCHOOL ZONES This is something the Village has been behind in, Mayor Cresenzi noted, adding that New Jersey has had this in effect for many years. When asked what the purpose of this resolution was, Mayor Cresenzi explained that when a person is caught buying or selling drugs within a certain distance from a school, the fine is more severe. Signs to this effect will be put up and maintained by the Village, the Mayor stated. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: DRUG-FREE SCHOOLS IN THE. VILLAGE OF RYE BROOK WHEREAS, the proliferation of drugs in our society is recognized as one of the most threatening and dangerous problems faced by our youth; and WHEREAS, the Village of Rye Brook has supported programs which educate young people about the dangers of illegal narcotics and which seek to prevent the problems of abuse before they get started; and WHEREAS, the New York State Division of Substance Abuse Services supports enacted legislation which allows municipalities to create "Drug Free" zones in areas of schools; and WHEREAS, such "Drug Free" zones create an atmos- phere and attitude against the use of drugs and gives moral support to young people who want to resist the use of illegal drugs; and WHEREAS, the effective application of this program will require the cooperation of a variety of municipal agencies including the police, the courts, the district attorney and the public and private school systems; NOW, THEREFORE BE IT RESOLVED, that the Rye Brook Board of Trustees hereby expresses its support this 28th day of November, 1989 for the implementation of a "Drug Free" zone program including the installation of appropriate signs around schools; and be it - 9 - 0015 ? November 2.8, 1989 FURTHER RESOLVED, that the Village Administrator is hereby authorized to immediately begin 'the implementation of this program by convening a meeting of the appropriate parties who will advise and coordinate the administration of the "Drug Free" zone program in the Village of Rye Brook; and be it 'F FURTHER RESOLVED, that the Rye Brook Board of Trustees hereby urges the District Attorney of the County of Westchester to support this resolution and statute of law by refusing to plea bargain in such cases; and be it FURTHER RESOLVED, that the Rye Brook Board of Trustees also urges the State Legislature to expand the statute to include other areas frequented by children. 10. CHECK REGISTER AUTHORIZATION On motion by Trustee Mendicino, seconded by Trustee Ravich, 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: On-Line Checks #2.937 - #3108; Hand Checks #8208 - #8217; Payroll Checks #17081 - 417291; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. APPROVAL OF MINUTES 1I. OCTOBER 24, 1989 and NOVEMBER 14, 1989 The Minutes of October 24, 1989 were approved with a minor change being made to page 4 and 11. The Minutes of November 14, 1989 were accepted as presented. - 10 - 001 528 1 November 28, 1989 --.� ITEMS NOT ON THE AGENDA Trustee Filipowski mentioned that at the November. 14th Board meeting, Mr. Stan Zak had asked if a building permit was ever issued for the building at Crawford Park and he wanted to know the status of that. i Administrator Russo said he wanted to thoroughly research this as it occurred prior to any present employee having knowledge of it. He indicated he has not been able to find anything so the Town would now be notified. Mayor Cresenzi said he spoke to Donny Gioffre (Rye Town Supervisor) who indicated that the Town was exempt because of eminent domain. The Mayor added that Attorney Beane has been asked for his opinion. Mr. Ken Heller spoke at length about the recent offenses which have occurred on Lincoln Avenue from construction vehicles. He stressed that he cannot be denied access to Lincoln Avenue and he should not be harassed. He claimed he was being deprived of access to his own property. Attorney Beane tried to respond to Mr. Heller's statements and after constant interruption, Mr. Beane was finally able to state that there was a fundamental error in what Mr. Heller stated. The easement in question gives the property owner certain rights which Mr. Heller disagrees with it, he said. The Village Board passed a subdivision resolution which granted access over that driveway, Attorney Beane stated, and if Mr. Heller's driveway was being destroyed, it was a matter between him and the developer. Appropriate legal action can be taken but the Village can't get involved. However, if the Tree Ordinance is being violated, the Village will look into that, Mr. Beane explained, and added that the removal of dist was not illegal. Joel Sachs, the attorney representing Royal Executive Park, said the Final Second Supplement to the Final. Environmental Impart Statement has been submitted to the Board and he asked the Board to accept it for circulation. Trustee Filipowski said that he thinks everyone measured the stacking lane (on King Street) and a brief duscussion followed concerning the actual length of the turning lane. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: - 11 - I001. 5 ? i November 28, 1989 ROYAL EXECUTIVE PARK Final. Second Supplement to the Final Environmental Impact Statement I RESOLVED, that the Final Second Supplement to the Final Environmental Impact Statement is hereby accepted by the Board of Trustees this 28th day of November, 1.989 for circulation to the appropriate agencies; and be it FURTHER. RESOLVED, that a copy of the transcript from the October 10, 1989 meeting be included .in said circulation together with copies of any plans or figures referenced in said transcript. At this time, Attorney Beane and Trustee Filipowski discussed the procedures for the hearing on the violations of the Subdivision Approval Resolution in Deer Run. By December 12th, there will be an answer as to who the proper body is to hear these violations, Mr. Beane explained. If it's necessary, a public hearing date could then be established for. January. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, it was unanimously resolved that the Meeting be adjourned at 9:55 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 1vJ 12 -