HomeMy WebLinkAbout1993-01-12 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
AGENDA MEETING
JANUARY 12, 1993
8:00 P.M.
PLEDGE OF ALLEGIANCE ACTION
PUBLIC HEARING
I. , LOCAL LAW #1-1993 AMENDING SECTION 24-14 (A)
OF THE CODE OF THE VILLAGE OF RYE BROOK TO
PROVIDE THAT THE BOARD OF ETHICS SHALL BE
COMPOSED OF THREE (3) MEMBERS
RESOLUTIONS
I
2. ADOPTING SETTLEMENT OF NEW YORK AMERICAN
WATER COMPANY - WATER RATE CASE #92-W-0494
*REVISED JANUARY 11, 1993
3. ADOPTING FEE FOR SALE OF VILLAGE CODE
& SUPPLEMENTAL INFORMATION
4. AUTHORIZING PAYMENT FOR HARKNESS
PARK SURVEY
5. DESIGNATING POLLING PLACES AND HOURS
IN WHICH POLLS WILL BE OPEN
6. APPROVING SITE PLAN AND SPECIAL USE
PERMIT FOR UNITED CEREBRAL PALSY
SECTION 1, BLOCK 2, LOT 3A1
7. APPROVING 1993 INTER-AGENCY AGREEMENT
& 1993 MUNICIPAL CONTRIBUTION FOR
SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES
8. CHECK REGISTER
ITEMS FOR JANUARY 26, 1993 AGENDA
I. VEHICLE & TRAFFIC RECOMMENDATION
OF TRAFFIC COMMISSION
RE: FULL STOP SIGN - PINE RIDGE PARK
2. APPOINTING ELECTION INSPECTORS
DISCUSSION
3. , 1987 PACE MANAGEMENT STUDY UPDATE
i
OOCAj
MINUTES OF AN AGENDA MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
JANUARY 12, 1993
j CONVENE MEETING
The Meeting was called to order at 8 : 00 p.m. by Mayor Cresenzi in
the Meeting Room and the Pledge of Allegiance followed.
Present were the following members of the Board:
Mayor Salvatore M. Cresenzi
Trustee Michele R. Daly
Trustee Joseph Pellino
Trustee Randy A. Solomon
Trustee Gary J. Zuckerman
Also present were:
j Christopher J. Russo, Village Administrator
Lori Ann DeMarco, Ass1t to Village Administrator
Rocco V. Circosta, Director of Public Works
Robert J. Santoro, Chief of Police
Kenneth Powell, Village Attorney
Joseph Cortese, Village Treasurer
Elizabeth Bottali, Secretary to Village Board
I
i
I
0045 86
January 12, 1993
i PUBLIC HEARING
I
j 1. LOCAL LAW #1-1993 AMENDING SECTION 24-14 (A)
OF THE CODE OF THE VILLAGE OF RYE BROOK TO
PROVIDE THAT THE BOARD OF ETHICS SHALL BE
COMPOSED OF THREE (3) MEMBERS
Mayor Cresenzi opened the Public Hearing at 8 : 05 p.m.
Attorney Powell stated that this amendment involves changing the
number of members on the Board of Ethics from five to three. Two
of the members of a three person Board cannot be officers or
employees of the Village, but one must be a municipal official or
employee either of the Village of Rye Brook or of another
municipality.
i
Trustee Zuckerman questioned if we could make the appointments at
our next meeting. He also stated that he would like to make
further comment on the Code of Ethics when these appointments are
1 made.
Mayor Cresenzi stated that we could make the appointments by our
February Agenda Meeting.
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the
Public Hearing was closed at 8 : 08 p.m.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI' VOTING AYE
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the
changes were hereby accepted.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
2
NEW YORK OEPARrMeROF STATE
Local Law Filing 162 VASHtNGTCN STATE AVENUE, ALBANY, NY 12231
(Usa this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
Y
ofRye Brook
_.........._...................._»... .. .
.................................._...............................
Village
Local Law No. ................}...................._........... of the year 19 93...
A Iotal law . ..... .... .*See._Below ........... .. .........................
»(tnaere Tieie) ............................................_......................
Be it enacted by the ....................... Board' of Trustees
...._......................................................................._.......»..........._.............of the
(Name of Legiaiative Body)
� t4lt�(16'
of .............................................:.:......................Rye..Brook...........x........................................as folIolvs:
Village
*A LOCAL LAW amending Section 24-14 (A) of the Code of the Village
of Rye Brook to provide that the Board of Ethics shall be composed
of three (3) members
BE IT ENACTED by the Board of Trustees of the Village of Rye Brock
as follows:
Section 1. Section 24-14 (A) of the Code of the Village of Rye
Brook is amended to read as follows:
A. In accordance with Section 808 of the General Municipal Law of
the State of New'York, the Board of Trustees intends to create and
establish a Board of Ethics consisting of three (3) members.
§ 2 . This Local Law shall take effect upon filing in the office of
the Secretary of State.
I
I
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
OCS•239 (Rev. 7/90)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. I of 19 43
of the ( )(Village) of Rye Brookwas duly passed by she
AmBoard of rustees on January 12, 19 93 , in accordance with the applicable provisions of law•
o egtslactve o y
2
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive OffIcere.)
I hereby certify that the Iocal law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by
on 19 the
_, and was (approved)(not disapproved)(repassed after
IIme':0 Legislative Body) •
disapproval) by the and•was deemed duly adopted on 19
(Elective brat ecuGva fnoar' - —
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
tereby certify that the local law annexed hereto, designated as local law No. of 19
the (County)(City)(Town)(Village) of was duly passed by the
j on 19_, and was (approved)(not d!sap proved)(repassed after
( ama of Ltcisiacive Body) ,
disapproval) by the on 19 . Such local law was
lective Chief ecutive uer' `
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
i
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No, of l9_
of the (County)(City)(Town)(Village) of was duly passed byTh
on 19`, and was (approved)(not disappro ved)(repassed after
Name of Legislative Body)
disapproval) by the on 19_ Such local lacy was subject to
Elective Chief Executive officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisions of law.
lective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto.local
laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
S the City of having been submitted to referendum pursuant ro
.e provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19_, became operative.
6. (County local law concerning adoption of Charter.)
I hereby.certify that the local law annexed hereto, designated as local law No. of 19
of the County of State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions S and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said 'county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
LY-EKVillagn Clark
(Seat) Date: _ January 12. 1993
(Certification to be executed by County .attorney, Corporation Counsel, Towu Attorney, Pillage .attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY of Westchester
I, the undersigned, hereby certify that the foregoing local law contains the correct test and [hat all proper
proceedings have been had or taken for the enactment of the local law annexed here o.
r`
�Jignature Kenneth E. Powell
Village Attorney
Title
cm of Rye Brook
33LXM --
Village
Dnte: January 12, 1993
(3)
_ T
January 12 , 1993
j RESOLUTIONS00458d
2. ADOPTING SETTLEMENT OF NEW YORK AMERICAN
WATER COMPANY - WATER RATE CASE #92-W-0494
On Motion made by Trustee Pellino, seconded by Trustee Solomon, the
following Resolution was hereby adopted:
RESOLUTION
SETTLEMENT OF NEW YORK-AMERICAN WATER COMPANY, INC WATER RATE
CASE NO. 92-W-0494 BEFORE N.Y.S. PUBLIC SERVICE COMMISSION
WHEREAS, the New York-American Water Company, Inc. submitted a
petition to the New York State Public Service Commission seeking an
increase in water rates in the amount of $805,730 or approximately
9.9%; and
WHEREAS, this water rate case was assigned Case No. 92-W-0494; and
WHEREAS, in order to protect the interests of the residents in
their respective communities, the Village of Rye Brook, the City of
Rye and the Village of Port Chester, through their attorney, Seham,
Klein and Zelman Esq, intervened in the water rate case in order to
oppose the rate increase request; and
WHEREAS, the attorney for the Village of Rye Brook, Village of Port
Chester and City of Rye has participated in the negotiation of a
settlement of the rate case on terms favorable to the residents of
the Village of Rye Brook and the other municipalities; and
WHEREAS, although the Board of Trustees remains concerned over the
recovery of costs associated with the meter replacement program and
reserves the right to address the matter in subsequent proceedings,
the terms of the overall settlement are favorable to the residents
of the Village of Rye Brook and the other Municipalities; and
WHEREAS, the settlement agreement is for a three (3) year period
covering rate years ending on April 30, 1994 , 1995 and 1996, limits
the rate increase for the rate year ending April 30, 1994 to
approximately $46, 444 or . 6% (excluding the expense of water
purchased from Connecticut-American Water Company, Inc. ) , and
further limits increases in rate years ending April 30, 1995 and
April 30, 1996 to approximately 4 to 5% with certain exclusions.
NOW, THEREFORE, BE IT
RESOLVED, the Board of Trustees approves the settlement of Case No.
92-W-0494 on the terms set forth in the accompanying "Stipulation
and Agreement in Settlement of Issues; " and be it
FURTHER RESOLVED, that the Board of Trustees authorizes the
attorney for the Village, in this case, Seham, Klein and Zelman,
Esq. , to execute and deliver all documents necessary or appropriate
to accomplish the purposes of this Resolution.
3
January 12, 1993 00458o
Trustee Pellino stated that overall, this settlement is a fair one.
CT
The only problem is with the Meter Replacement Program. He
commented that he was pleased that the rest of the Board agreed to
include the paragraph concerning recovery costs associated with the
Meter Replacement Program. Our attorney did an outstanding job on
behalf of the Village of Rye Brook and the other municipalities and
j this resolution should be approved.
Mayor Cresenzi agreed with Trustee Pellino and added that this law
firm has always done an excellent job representing the Village.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
3. ADOPTING FEE FOR SALE OF VILLAGE CODE
& SUPPLEMENTAL INFORMATION
On Motion made by Trustee Daly, seconded by Trustee Pellino, the
following Resolution was hereby adopted:
RESOLUTION
FEE FOR VILLAGE CODE AND SUPPLEMENTS
RESOLVED, that the following prices are established for purchase of
the Code of the Village of Rye Brook and Supplements;
PRICE
CODE $150. 00
SUPPLEMENT $50. 00 ANNUAL SUBSCRIPTION
PAMPHLETS (EACH) $20. 00
e.g. Subdivision of Land
Vehicle and Traffic
Zoning
Trustee Pellino questioned if these prices were in line with what
other municipalities charged.
Administrator Russo explained that they received the prices from
General Code Publishers.
Trustee Zuckerman questioned if the price was going to go up when
the Code is completed.
Administrator Russo replied that it probably would not go up.
Trustee Zuckerman stated that when the Village upgrades it's
computer equipment we should have the Village Code on disks. Disks
should also be available to the public for a certain price.
4
January 12 , 1993 0045-81
Administrator Russo replied that he checked with General Code
Publishers and our Village Code can be made available on disk. He
added that he would look into this.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
4. AUTHORIZING PAYMENT FOR HARKNESS
PARK SURVEY
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the
following Resolution was hereby adopted:
RESOLUTION
AUTHORIZING PAYMENT FOR HARKNESS PARK SURVEY
WHEREAS, the Village has contracted with Roland K. Link, Surveyors,
of Mahopac, New York for a certified property line survey of
Harkness Park; and
WHEREAS, such survey has been completed; and
i
WHEREAS, an invoice in the amount of $2, 000. 00 has been received
from Roland K. Link, Surveyors; and
NOW, THEREFORE, BE IT
RESOLVED, that the Village Administrator is hereby directed to make
payment for these services; and
FURTHER RESOLVED, that these monies are to be allocated from the
Recreational Trust Account.
Trustee Daly questioned if we put this out to Bid.
Administrator Russo stated that this is a professional service.
Trustee Solomon questioned if we have determined where the lines
are.
Administrator Russo replied that we have determined the property
lines. We may replace a couple of metal stakes with permanent
monuments in Rye Hills Park but it is very expensive.
Trustee Zuckerman questioned if the cost that we are paying is
reasonable.
Mr. Circosta stated that we received three estimates.
Mr. Harris questioned the purpose of this.
5
January 12 , 1993? �1
Mayor Cresenzi stated that for the first time, we have a map that
we can refer to. We never had a map for Rye Hills or for Harkness
Park. If we ever wanted to make improvements, we can now make the
notations on the map.
Trustee Solomon stated that what instigated this was that during
the Pool Hearings there was no map available and it was mentioned
that there was encroachment in the Rye Hills Park area.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
S. DESIGNATING POLLING PLACES AND HOURS
IN WHICH POLLS WILL BE OPEN
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the
following Resolution was hereby adopted:
RESOLUTION
DESIGNATING OF POLLING PLACES FOR VILLAGE ELECTION
MARCH 16, 1993
I
RESOLVED, that voting machines owned by the Town of Rye shall be
used at the next Village Election held on Tuesday, March 16, 1993 ;
and be it
FURTHER RESOLVED, that if said voting machines are not available,
the use of paper ballots is hereby authorized; and be it
FURTHER RESOLVED, that the polls in each of the seven Election
Districts shall be opened at 7: 00 A.M. in the morning and remain
open until 9 : 00 P.M. in the evening of said day; and be it
FURTHER RESOLVED, that the polling places be, and they hereby are,
designated for the respective Election Districts as follows:
#20 Port Chester Middle School Main Lobby
#21 Port Chester Middle School Main Lobby
#22 Blind Brook High School Main Lobby
#23 Ridge Street School Gymnasium
#26 Port Chester Senior High School Lobby
#27 Ridge Street School Gymnasium
#29 Ridge Street School Gymnasium
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
6
0045�'J
January 12 , 1993
6. APPROVING SITE PLAN AND SPECIAL USE
PERMIT FOR UNITED CEREBRAL PALSY
SECTION 1, BLOCK 2, LOT 3A1
Attorney Powell suggested that the Village Board hold off on this
resolution due to the pending sewerline issue.
Trustee Daly stated that the method of connecting the sewerline
from the United Cerebral Palsy property to the Village line has not
yet been determined.
Administrator Russo stated that this is an issue that we don't know
if it requires Board action to approve. They need to get their
main to go through the Lincoln Avenue right-of-way or supposedly
they have permission to go through the easement at Greenwich Woods
Nursing Home down to the Village line.
Mayor Cresenzi questioned who would sign off on the sewer
connection.
Mr. Circosta stated that the sewer connection is almost like a
standard house connection. However, where someone's house
connection may only be in the first twenty feet or so in front of
the persons house and into the road, United Cerebral Palsy would
require a 1, 100 foot length connection to the sewer, because that
is how far away they are from any existing sewer.
jMayor Cresenzi questioned where he would physically put the pipe.
Mr. Circosta replied that he would install it in the Village right-
of-way.
I
Administrator Russo stated that they have a signed agreement to go
in the easement at Greenwich Woods Nursing Home.
Mr. Circosta explained that when Greenwich Woods built the Nursing
Home, they acquired an easement from the Village to connect into
the sewer.
Administrator Russo questioned if that easement ran right into the
road.
Mr. Circosta replied no, that it ran along the shoulder. He also
stated that United Cerebral Palsy had contacted Greenwich Woods to
allow their sewer to run in the same easement that the Village
granted to Greenwich Woods. The issue is whether the easement that
was granted by the Village to Greenwich Woods will permit United
Cerebral Palsy to install their main in the same easement.
Attorney Powell stated that it seemed very unlikely because the
1
easement usually deals with the and that it serves. Greenwich
Woods cannot really parcel out part of an easement that was
received by the Village.
7
January 12 , 1993 0 041 ,
Administrator Russo questioned if it would require any additional
approval to allow them to go in the right-of-way.
Attorney Powell questioned if the Village wanted to charge them for
it.
{ Trustee Zuckerman questioned if they have the right to connect to
the main sewer line without obtaining any other approvals.
Mr. Circosta stated that it is essentially a private sewer
connection serving one parcel so it does not need other approvals.
Whereas, if you have a sub-division and they are putting in new
sewers, the County approves it, etc. . This is strictly one line,
which serves one parcel which would privately owned by them.
Mayor Cresenzi stated that this would not be much different than if
there was an undeveloped lot on a street and it was the one house
hooking up except for the length of line. They would go through
our easement and that would not require any additional approvals.
Attorney Powell stated that there are issues involving the
maintenance of the pipe if they put it in the Village right-of-way.
For example this is not just the standard house connection to a
pipe in the road and you may wish to have some protections if they
were to take care of maintenance, for example. There are things
that the Village may want to ask for.
Mr. Circosta stated that it is not really tied into the site plan
and is not going to be something that will be shown on a site plan
map and it really just comes down to a connection.
Trustee Zuckerman stated that he did not think that they have the
right to make that connection right now.
Mr. Circosta stated that he did not think that we could turn down
their request to connect into a sewerline.
Trustee Pellino stated that we should look into this procedure in
case any other issues come up regarding the connection of that
sewerline that doesn't effect the rest of this resolution.
Trustee Daly questioned if we were holding up construction.
Mayor Cresenzi stated that if there was a sewer and Con Edison has
to come in and open up a gas line, they come in and get a street
opening permit and their responsibility is to put the street back
the way they found it. If they did a repair on the Village right-
of-way, that would be a requirement. Greenwich Woods had to obtain
an easement from the Village because that is a parcel that is out
of the Village and they actually allow their lines to run within
Village right-of-way. This is a parcel that for the most part is
within the Village.
8
January 12, 1993 0(..•'475,1 3
Trustee Zuckerman stated that we have before us a memo to the Mayor
from Administrator Russo and that memo states that there is an
issue remaining to be solved and that it should be solved by
incorporating it into the approval resolution, which is not in the
approval resolution. Administrator Russo has suggested that this
matter should be resolved before the final resolution is passed.
At the present time, I would have to concur with the Village
Administrator unless good cause is shown, why we should not, unless
Administrator Russo would like to withdraw his memo.
Administrator Russo stated that Attorney Powell may have the answer
but we will need to speak with UCP about it. If there is no
problem going through the right-of-way, maybe we should have some
assurances on maintenance of it.
Trustee Zuckerman stated that we should either resolve this issue
right now, or resolve it at the next meeting.
Trustee Solomon questioned if there was any reason why no one from
United Cerebral Palsy was here.
Administrator Russo stated that he spoke with UCP about the sewer
issue, but not about this meeting. All I know is that they have
agreement if it is allowable to go through the Greenwich Woods
Nursing easement. They just want an answer as soon as possible
because they are ready to hook up their sewerlines.
Attorney Powell stated that we have to go to the County Clerk's
office and get a copy of the easement.
Trustee Daly stated that she felt that we should wait until the
next meeting.
Trustee Pellino suggested that we table this issue and all Board
members agreed.
Mayor Cresenzi -stated that we will have Attorney Powell look into
the easement issue at Greenwich Woods Nursing Home and all other
issues that were raised this evening and work with Mr. Circosta to
have a report available for the Board at the January 26, 1993
meeting.
7. APPROVING 1993 INTER-AGENCY AGREEMENT
& 1993 MUNICIPAL CONTRIBUTION FOR
SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES
On Motion made by Trustee Pellino, seconded by Trustee Daly, the
following Resolution was hereby adopted:
RESOLUTION
1993 INTER-AGENCY AGREEMENT AND
1993 MUNICIPAL CONTRIBUTION FOR
SOUTHEAST CONSORTIUM FOR SPECIAL SERVICES, INC.
9
0U4E)"';'
January 12 , 1993
RESOLVED, that the Village of Rye Brook is authorized to enter into
an agreement with South East Consortium for Special Services, Inc
for the period of January 1, 1993 to December 31, 1993 in the
amount of $3 , 345. 00 for the joint operation of a special recreation
program for disabled persons along with Harrison, Mamaroneck,
Larchmont, Pelham, Rye, Scarsdale, Eastchester, Bronxvilld,
Tuckahoe, and Port Chester; and be it
FURTHER RESOLVED, that the Mayor is authorized to execute all
documents necessary or appropriate to accomplish the purposes of
this Resolution.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
S. CHECK REGISTER
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the
following Resolution was hereby adopted:
RESOLUTION
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: #5856-5906
Payroll Checks: #8985-9069
Environmental: NONE
Recreational Trust: #109
Capital: #1056-1057
Manual Checks: #10086
Birthday Day Run: NONE
NOW, THEREFORE, BE IT
RESOLVED, that this Board hereby approves payment of the above-
mentioned claims and authorizes payment thereof.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
Trustee Pellino questioned why the $2 , 000 was coming out of the
Recreation & Trust Account for the survey at Harkness Park.
Administrator Russo stated that it is considered a Recreation
matter and is a maintenance item.
10
oo�-s q5
January 12, 1993
9. HIGH POINT HOSPITAL CERTIORARI SETTLEMENT
On Motion made by Trustee Daly, seconded by Trustee Pellino, the
following Resolution was hereby adopted:
RESOLUTION
HIGH POINT HOSPITAL
CERTIORARI SETTLEMENT
WHEREAS, there are currently pending in the Supreme Court, County
of Westchester, tax certiorari proceedings commended by High Point
Estates against the Village of Rye Brook for assessment years 1990,
1991, and 1992; and
WHEREAS, the Village of Rye Brook and petitioner desire to resolve
these pending actions in accordance with the terms and conditions
set forth below; and
WHEREAS, the Village's appraisers, assessor, legal counsel and the
Board deem it in the best interest of the Village to resolve these
actions in accordance with the terms and conditions set forth
below.
NOW, THEREFORE, BE IT
RESOLVED, that the tax certiorari actions referred to in this
Resolution be resolved as follows:
(a) The 1990 assessed valuation of the High Point Hospital
property shall be fixed at $785, 200.
(b) The 1991 assessed valuation of the High Point Hospital
property shall be fixed at $586, 800.
(c) The 1992 assessed valuation of the High Point Hospital
property shall be fixed at $586,800.
(d) The 1993 assessed valuation of the High Point Hospital
property shall be fixed at $600, 000.
(e) The 1994 assessed valuation of the High Point Hospital
property shall be fixed at $600, 000.
(f) The 1995 assessed valuation of the High Point Hospital
j property shall be fixed at $600, 000 . 00
i
The Village of Rye Brook will not increase the assessed
valuation of the Hospital for assessment years 1993 , 1994 and 1995
unless High Point Hospital (a) changes the use of its property, or
commences construction of any building, structure or any
improvement on the property; or (b) the Village of Rye Brook
undertakes a general revaluation.
11
January 12 , 1993 004596
High Point Hospital will not protest the $600, 000. assessed
valuation for assessment years 1993 , 1994 and 1995; and be it
FURTHER RESOLVED, that based on the above assessed valuations, the
parties agree that High Point Estates shall receive the following
tax refunds:
1990 - $ 8, 818 . 80
1991 - $27, 039 . 43
1992 - $27 . 545. 16
Total $63 , 403 . 39
These refunds, at the option of the Village of Rye Brook, shall be
paid to High Point Estates over a period of three (3) years at an
interest rate of five (5%) percent per year simple interest; and be
it
FURTHER RESOLVED, that based upon the terms of this Resolution all
pending actions will be dismissed with prejudice.
I
Trustee Zuckerman questioned if the Town of Rye is going to pass a
similar resolution because in the Assessments it states that the
Village of Rye Brook undertakes a general re-evaluation. What
happens if the Town of Rye undertakes a general re-evaluation.
Mayor Cresenzi replied that it would deal with the Town Roll and
the School Roll, but not necessarily the Village Roll.
Trustee Zuckerman stated that part of this settlement is that High
Point has agreed to use the Village equalization rate which is much
more beneficial to the School District because normally it would
use the Town equalization rate which is less beneficial, so
consequently, if the Town re-values that may cause the entire
stipulation to go up in smoke.
Trustee Solomon questioned if the Town has to pass this before the
School receives the benefit of this. Does our passing of this
automatically include the Town.
Administrator Russo replied that the Town will have to pass it.
From my understanding, the Assessor is in agreement with this.
Trustee Zuckerman stated that it may undercut our settlement with
the Town if for some reason they don't also pass the same
resolution.
Administrator Russo stated that after 1996 there is no longer an
impact.
Trustee Solomon questioned if we have a responsibility to forward
a copy of this to the School.
12
OG4591
January 12 , 1993
Mayor Cresenzi stated that the School Attorney, the Assessor and
our Village Attorney have been the ones negotiating this, that is
why we know that the Assessor has agreed to this settlement, as
well as the School District Attorney. The School District benefits
substantially by utilizing the Village's equalization rate rather
than the Town's.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
10. SETTING JANUARY MEETING DATE
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the
following Resolution was hereby adopted:
RESOLUTION
MEETING OF JANUARY 26, 1993
RESOLVED, that the Meeting of January 26, 1993 will be held at 5: 00
p.m. in the Meeting Room at the Village Office.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
ITEMS FOR JANUARY 26, 1993 AGENDA
1. VEHICLE & TRAFFIC RECOMMENDATION
OF TRAFFIC"COMMISSION
RE: FULL STOP SIGN - PINE RIDGE PARK
2 . APPOINTING ELECTION INSPECTORS
DISCUSSION
3 . 1987 PACE MANAGEMENT STUDY UPDATE
Mayor Cresenzi stated that the United Cerebral Palsy approval
resolution would also be on the agenda pending a report from
Attorney Powell. He added that we should also schedule a Public
Hearing for the Zoning Code change regarding establishing a Special
Use Permit for a Senior Citizen Housing Project.
13
i
January 12 , 1993 05Sc°
Administrator Russo added that we will be setting Grievance Day for
February 16, 1993 from 6: 00 p.m. to 10: 00 p.m. For the February
23 , 1993 meeting we may have the approval of the Water Purchase
Agreement from New York City on the agenda and we have also had a
request from the Village of Port Chester in the form of a
resolution supporting legislation to give our local Justices cease
and desist powers. This resolution relates to a problem that the
Village recently had with a particular zoning case that required us
to go to the Supreme Court and pay extra legal fees to get a cease
and desist order.
Trustee Zuckerman questioned if that would be for Village and Town
Court.
Administrator Russo repled yes, that it is to give all local
jurisdictions that authority, which they do not currently have.
Mayor Cresenzi added that we may possibly have the Ethics Board
appointments.
Jules Harris, a resident of Rock Ridge Drive stated that he would
like to bring a matter of concern to the attention of the Village
Board. A piece of property that the Village of Rye Brook owns,
which is known as Meadowlark Park is presently in a state of
neglect and disrepair to the extent that there are overgrown shrubs
and bushes and is being used as a dog run by some of the residents.
It may also be that there is an encroachment of a property line
that should be looked into. Risk Management has stated that the
property is a safety hazard and the Village should be well advised
to take this into consideration and to take the appropriate safety
measures. He added that he is not speaking of the development of
a program, just that the property should be safe guarded. There
could be a liability hazard due to the fact that it has been
documented as unsafe. There has been no initiative on the part of
anyone in the Village, other than myself as an individual to say
that this neglect should not go unnoticed. The Village should take
unilateral action. Mr. Harris stated that he is not saying that we
should have a Public Hearing on it, we should just clean up the
property and make it safe. At this time, no one is going to come
forward to design a park because, in the past when proposals were
made by the applicants, it was set up as a strawman. The
Recreation Commission and others refused to take part in designing
it and when the design was proposed it was knocked down, which cost
me a great deal of personal grief, but that is not the issue we are
discussing. Mr. Harris added that he views himself as a resident
protecting the good name of the Village of Rye Brook and feels that
we are in a situation that ought to be recognized.
Mayor Cresenzi thanked Mr. Harris and directed Administrator Russo
and Mr. Circosta to work on a report addressing the issues that
were raised regarding the neglect of the park and what, if anything
needs to be done to rectify the situation. This report will be
available for the January 26, 1993 Village Board of Trustees
Meeting.
14
January 12 , 1993 0t_'4 .�w'�
Trustee Zuckerman suggested that this matter also be discussed with
the Parks Superintendent as it is a park matter.
Mayor Cresenzi agreed and added that perhaps we could get input
from Frank Errigo as he is really in charge of maintaining the
parks.
i Trustee Zuckerman questioned if residents also dump debris at
Meadowlark Park.
Mr. Harris replied no, it is only used as a dog run. The park is
being policed somewhat.
Mayor Cresenzi questioned if a map of this park exists.
I
Administrator Russo explained that we do have a map, but it is not
a very good one.
Trustee Pellino stated that it would be interesting to find out if
we do because the issue of where the overgrown shrubs are located
needs to be determined. They could be on Village land or the
homeowner's land.
Trustee Zuckerman questioned if this was something that should be
surveyed.
Mr. Harris stated that as to the acreage, the amount of the park
that you see from the road is something less than the size of a
building lot. It actually goes in as a sort of pie shape. only
the frontage on Bluebird Hollow is a problem. What is behind the
other properties is not really an eyesore as you cannot really see
it. Houses 2 , 3 , 4, and 5 were concerned that they would lose
their amenity. What you see from the road is really ugly.
Mayor Cresenzi stated that the Village will look into this.
Trustee Soloman questioned if an update is available on the
Intermunicipal Agreement on Summer Daycamp because now is the time
to approach it. If we are going to have a combined Daycamp with
Port Chester we can have an outstanding camp this year if we start
now rather than having it thrown together like last year.
Administrator Russo stated that we can contact Port Chester and
find out if they want to pursue the same agreement as we had last
year, which worked out great.
Trustee Daly stated that we should also contact the Council of
Community Services.
Trustee Solomon stated that the Council of Community Services has
j a meeting coming up this Friday on Daycamp.
Lori Ann DeMarco stated that the upcoming Meeting is to discuss
raising money for scholarships which are available for
underprivileged children to go to camp in the Sound Shore area.
I
15
January 12, 1993 O(A.T,
Trustee Solomon questioned if the Village has a representative
going to this meeting.
Ms. DeMarco stated that she could not respond to that, however she
will be in contact with Sharon Halverson and will get feedback from
that meeting.
Trustee Solomon stated that he would attend that meeting and added
that he would like the Board to instruct Administrator Russo to get
the ball rolling on this daycamp issue.
Trustee Daly stated that this is really the job of the
Superintendent of Recreation and Parks, Tom Hroncich.
Administrator Russo stated that last year, we had our Daycamp
planned and organized as we normally do and then Port Chester
approached us about having some of their children attend our
program and we then entered into the municipal agreement with them.
i
Trustee Solomon just suggested that we start this procedure
earlier.
Trustee Zuckerman questioned if we have heard anything from the
Environmental Protection Agency or Nita Lowey's Office.
Administrator Russo stated that we made a FOIL request and have not
heard from them but we have a meeting tomorrow with Nita Lowey's
Office.
Trustee Zuckerman suggested that we also contact Senator D'Amato
and Senator Moynahan.
I
Trustee Pellino questioned if we have received payment for the
grinding of the leaves from the Environmental Protection Agency.
Administrator Russo replied that we have not received payment yet
but we are currently dealing with it.
Mayor Cresenzi directed Administrator Russo to follow up on this
and find out if the Environmental Protection Agency has
acknowledged the letter that we sent requesting the information.
Trustee Zuckerman stated that he would like and update for the
January 26, 1993 meeting.
ADJOURNMENT
On Motion made by Trustee Solomon, seconded by Trustee Pellino the
Meeting adjourned into Executive Session at 9 : 00 p.m.
it
Respectfully submitted,
Eli abeth Bottali
Secretary to Village Board
16
60Q4 &00 A
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
CUM
04 of .................................................Ry Brook
,Ylfik7b .......................................................................
Village
Local Law No. ......................3........................... of the year 19 .9?.
A loteal law ...........Eneitled:.....Number..... of Properties"..........................................................................
(Insert Title)
Be it enacted by the Board of Trustees ................................................................................of the
(Name of Legislative Body)
...................RX.e..Brook as follows:
Mimiof ....................................... ...................... ............
VIIlage LEGISLATIVE' ENTENl'
The purpose of this chapter shall be to require the clear display
of designated numbers on buildings so as to be visible from public
streets for all buildings located within the Village of Rye Brook;
to authorize the Director of Public Works or his or her designee
(hereinafter referred to as "Director of Public Works") to
designate numbers for improved and unimproved properties in the
Village; to' alter or renumber improved or unimproved properties
where necessary so as to create and maintain an orderly property
numbering system in the Village; and to assist the general public
and Village and other municipal agencies in identifying any
property in case of an emergency, and for other purposes in
furtherance of the welfare of the general public in conducting the
normal affairs of the Village.
2. DISPLAY REQUIRED
It shall be the duty of every owner of an improved property located
in the Village oX Rye Brook to display thereon, in the manner set
forth below, the designated street number of said property, and at
all times to maintain such number in compliance with the provisions
of this chapter.
3. SIZE AND DISPLAY OF NUMBERS
A. The figure or figures comprising the number to be displayed on
an improved property shall be at least three (3) inches in height
and shall be placed on the front of the buildings or other
improvement in a prominent and conspicuous place, on a postal box,
or on a post or other structure, in such a manner as to be plainly
visible from the center of the street at all times, during daylight
and darkness .
(If additional space is needed, attach pages the same size as this sheet, and number each.)
oas•239 (Rev. 7/90)
CC)Y6C�o b
I
I
B. The numbers shall be placed so that they will not be obstructed
by trees, shrubbery, porches or other extensions of the building
(or improvement) . Wherever practicable, the numbers shall be
placed near some light or source of illumination.
i The color of the figures comprising the numbers shall be in
contrast to the color of their background; provided, however, that,
as far as the purpose or intent of this chapter is concerned, the
front of a building (or improvement) shall be construed as that
side of the building (or improvement) which faces the street on
which the number or numbers have been allotted, and the number or
numbers shall be displayed on that side of such building (or
improvement) .
4. NUMBERING OF PROPERTIES
A. Every separate parcel of property in the Village of Rye Brook,
both improved and unimproved, including properties that share a
common driveway, shall be assigned a separate distinguishing number
by the Director of Public Works.
B. The numbering system for the Village of Rye Brook shall be as
follows:
(I) Even and odd numbers shall be on opposite sides of the
street andarcels shall be numbered sequentially.
P q Y
(II) North/South Streets Parcels on streets which generally
follow a north/south course shall be numbered with the lowest
number commending at the southern most end. Even numbers shall be
assigned to parcels on the west side of the street, odd numbers to
parcels located on the east side of the street.
(III) East/West Streets Parcels located on streets which generally
follow an east/west course shall be numbered with the lowest number
commending at the western extremity of the street. Even numbers
shall be assigned to parcels located on the south side of the
street, odd numbers to parcels located on the north side of the
street.
(IV) Cul de Sacs Parcels located on Cul de sacs shall be numbered
with the lowest number being assigned to the parcels located at the
point of entry of the cul de sac. Odd numbers shall be on the
right side of the street as one enters the cul de sac and even
numbers shall be assigned to parcels located on the left side of
the street.
The above guidelines shall be adhered to unless such adherence
shall require a major deviation from the numbering sequence of
neighboring properties or shall create duplicate numbers on the
same street.
II
GG�f�UO C'.
I
C. In the exercise of the authority to promote the health, safety,
and welfare of the general public by maintaining an orderly
numbering system of properties throughout the Village, the Director
of Public Works shall assign and designate numbers to improved
unimproved parcels that presently are unnumbered, and to improved
and unimproved parcels created by subdivision and/or site plan
approval. In exercising this authority, the Director at Public
Works shall select numbers that will constitute only a minor, if
any, deviation from the existing numbering system.
D. The Director of Public Works also shall have the authority to
alter existing street number (s) , or to renumber improved or
unimproved properties, where the existing number(s) or to renumber
improved or unimproved properties, where the existing number (s)
constitute a material deviation from the numbering sequence as the
Village or of neighboring properties; or are duplicative of
existing numbers of properties on the same street.
E. (1) Prior to implementing any change in number or renumbering,
the Director of Public Works shall provide the affected property
owner with written notice of the change, which notice shall include
the new number and the reason for the change. Such notice shall be
mailed by certified or registered mail, return receipt requested.
Any such change shall not become effective until sixty (60) days
after the date on which notice is mailed. Any property owner who
objects to the change in numbering shall have the right to appeal
the decision to the Zoning Board of Appeals prior to the effective
date of the change in numbering. If timely appeal is taken, the
effective date of the change shall be stayed until the appeal is
decided. The Zoning Board of Appeals shall issue a written
decision which decision shall be final. The property owner shall
have no further right of appeal to the Village on or after January
1992 .
E. (2) Any property owner whose number has been changed on or
after January 1, 1992 , who objects to the change in numbering shall
have until July 31, 1992 to appeal the decision to the Zoning Board
of Appeals. If ,an appeal is taken., the procedure set forth in
paragraph E(1) above shall be followed.
F. The display of any number other than the designated number
assigned by the Village is expressly prohibited.
5. PROCEDURE ON NONCOMPLIANCE
A. Any person, corporation, partnership or other entity owning an
improved parcel property within the Village of Rye Brook who
refuses or neglects, for ten (10) days after notice from the Code
Enforcement Officer, to place the properly designated number on
said building or other improvement, shall be deemed in violation of
this chapter.
00o0 r�
I
B. The notice provided for in Subsection 5A may be given by
personal service or by mailing a copy thereof to the last known
address of the owner by certified of registered mail, return
receipt requested, or by posting a copy in a conspicuous location
on the building of improvement. If served by mail, notice shall be
deemed given on the date the mailing is post-marked. If notice is
given by personal service or posting, it shall be deemed received
on the date of service of posting.
C. In the event of the neglect of refusal of any owner, after
notice, to cause said improved property to be properly numbered,
the Director of Public Works, upon being advised by the Code
Enforcement Officer, may cause said property to be properly
numbered. He or she shall report the cost of numbering said
building to the Village Board, and such Board shall order the
Assessor to assess the cost of the same upon such premises, and the
Assessor shall include the same in the next assessment roll. This
remedy shall be in addition to, not in li$u of, the penalties set
forth in paragraph 6 herein.
6. PENALTIES FOR OFFENSES; OTHER REMEDIES
Any violation of the provisions of this chapter is an offense
punishable by a fine not exceeding fifty dollars ($50.00) . Each
week's continued violation shall constitute a separate additional
violation. The remedies provided for herein are cumulative and not
exclusive and shall be in addition to any other remedies provided
by law.
7. SEVERABILITY
The invalidity of any clause, sentence, paragraph or provision of
this ordinance 'shall not invalidate any other clause, sentence,
paragraph or part hereof.
8. WHEN EFFEC=
This chapter shall take effect ten (10) days after publication of
the adoption hereof.
OOLR'00 C
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
I
(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 3 of 19 92
of.the ( )(Village) of Rye Brook was duly passed by the
Board of Trustees on May 26, 199 , in accordance with the applicable provisions of law,
(Name of LecialativeBody)
S
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
(Name of Legislative Body
disapproval) by the and was deeme$ duly adopted on 19
Elective Chief Executive O[ncer`
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
" 'lereby certify that the local law annexed hereto, designated as local law No. of 19
the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
`k,.Ge of Legislative Body
disapproval) by the on 19_ Such local law was
(Elective Chia[Executive Otaeer'
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annunl) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local In annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(nor disnpproved)(repnssed after
Name oLegislative Body
disapproval) by the on 19— Such local law was subject to
Elective Chief Executive OCncer'
permissive referendum and no valid petition requesting such referendum was filed as of 19„_
in accordance with the applicable provisions of law.
ective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto.local
laws or ordinances.
(2)
00+4000 F
_
S. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as focal law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
i of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19—, became operative.
i
6. (County local law concerning adoption of Charter.)
I hereby certify that the local Iaw annexed hereto, designated as local law No. of 19
Nei
4;the County of , State of NeYork, having been submitted to
the ele6tors at the General EIectron of November
19_, pursuant to subdivisions 5 and
70
fsec ion 33 of the Municipal Home Rule received
the affirmative vote of a majority of the
i_ qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 above.
' r i age ter
(Seal) Date: _ January 12 1993
(Certification to be executed-by County .attorney, Corporation Counsel, Town Attorney, Village attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Westchester
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that alI proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
signaeure
Kenneth E. Powel
TtUe Village attorney
MMXD'
MU of Rye Brook
74M --
Village
Date: January l.2. 1221
(3)