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HomeMy WebLinkAbout1993-01-26 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JANUARY 26 1993 5:00 P.M. PLEDGE OF ALLEGIANCE ACTION i RESOLUTIONS I. APPROVING AGREEMENT WITH WILLIAM F. POHTS FOR CABLE FRANCHISE RENEWAL AND FIBER OPTIC NETWORK CONSULTING SERVICES 2. APPROVING SITE PLAN AND SPECIAL USE PERMIT FOR UNITED CEREBRAL PALSY SECTION 1, BLOCK 2, LOT 3AI 3, SETTING PUBLIC HEARING DATE ON LOCAL LAW #2-1993- AMENDMENT TO ZONING CODE REGARDING SENIOR CITIZEN HOUSING 4. APPROVING FULL STOP SIGN - PINE RIDGE PARK EXIT 5. URGING THE CITY OF WHITE PLAINS NOT TO LEAVE THE WESTCHESTER LIBRARY SYSTEM 6. SUPPORTING PASSAGE OF STATE LEGISLATION GRANTING TOWN AND VILLAGE JUSTICES THE AUTHORITY TO ISSUE CEASE AND DESIST ORDERS 7. SETTING GRIEVANCE DAY - FEBRUARY 16, 1993 8. APPOINTING INSPECTORS OF ELECTION FOR VILLAGE OF RYE BROOK ELECTION MARCH 16, 1993 9. APPOINTING RECORDS MANAGEMENT COMMITTEE 10. PERSONNEL MATTER 11. CHECK REGISTER APPROVAL OF MINU'T'ES 12. OCTOBER 13, 1992 13. OCTOBER 27, 1992 14. NOVEMBER 10, 1992 15. NOVEMBER 24, 1992 16. DECEMBER 29, 1992 WRITTEN COMMUNICATION 17. LIEUTENANT JOHN BELTRAMELLO RE: RETIREMENT DATED: DECEMBER 29, 1992 18. HELENE M. HANSON RE: LETTER OF APPRECIATION DATED: JANUARY 3, 1993 DISCUSSION 19. 1987 PACE MANAGEMENT STUDY UPDATE 20. MEADOWLARK PARK CONDITION - STATUS REPORT 21. STROMBERG/GAMSON SUBDIVISION STATUS REPORT NEXT MEETING DATES FEBRUARY 9, 1993 - AGENDA MEETING FEBRUARY 16, 1993 - GRIEVANCE DAY FEBRUARY 23, 1993 - REGULAR MEETING 004` �J1 MINUTES dF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JANUARY 26, 1993 CONVENE MEETING The Meeting was called to order at 5: 05 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: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Asst to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Joseph Cortese, Village Treasurer Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to Village Board � f 0( 460 January 26, 1993 RESOLUTIONS 1. APPROVING AGREEMENT WITH WILLIAM F. POHTS FOR CABLE FRANCHISE RENEWAL AND FIBER OPTIC NETWORK CONSULTING SERVICES Trustee Daly stated that this is going to be very helpful to us in the future because in Mamaroneck, the residents are up in arms over their cable renewal. Trustee Zuckerman added that this is an outgrowth basically of the rejection that we voted on from Northeast Networks for a fiber optic franchise. There is a strong desire for this Board to make sure that Rye Brook maintains a good environment for corporations and residents. We are not only looking to cable and fiber optic technologies, but other technologies that are competing and concurring with those technologies such as microwave transmissions and other technologies that are coming to the floor. We will also be looking into the correlation of these technologies with updated computerization in the Village in the future. Mayor Cresenzi added that various Board members have met Mr. Pohts and have had brief discussions with him. He has a wealth of knowledge and it will make it easier for the Board to deal with any new franchises coming up. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION AGREEMENT WITH WILLIAM F. POHTS FOR -CABLE FRANCHISE RENEWAL AND FIBER OPTIC NETWORK CONSULTING SERVICES RESOLVED, that the Village of Rye Brook is authorized to enter into a consulting agreement with William F. Pohts, 224 Denfield Drive, Alexandria, VA, in the maximum amount of $3 , 500. 00 for technical and engineering services concerning the development of fiber optic technology and cable franchise renewal at the rate of $100. 00 per hour plus disbursements; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. i 2 0044'0,3 January 26, 1993 FURTHER RESOLVED, that the name of the Cable TV Commission be hereby changed to the Advisory Commission on Telecommunications. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2 . APPROVING SITE PLAN AND SPECIAL USE PERMIT FOR UNITED CEREBRAL PALSY SECTION 1, BLOCK 2, LOT 3A1 Attorney Powell stated that the resolution provides for a maintenance and easement agreement so that United Cerebral Palsy can connect their sewer pipe to the Village manhole on Lincoln Avenue. Mayor Cresenzi stated that the controversy that was discussed at the last meeting regarding sewer access has been resolved. Attorney Powell explained that a meeting was held and it was determined that it would be in the Villages' best interest to provide for an easement along Lincoln Avenue so as to insure that the maintenance responsibility would fall on United Cerebral Palsy who will be required to install and maintain that line at their own expense up to the Village manhole. On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION UNITED CEREBRAL PALSY AMENDED SITE PLAN AND SPECIAL PERMIT APPROVAL SECTION 1, BLOCK 2, LOT 3A1 WHEREAS, the Board of Trustees of the Village of Rye Brook, New York has reviewed an application submitted by United Cerebral Palsy, a Not for Profit Corporation having its principal office and place of business at King Street, Rye Brook, New York, hereinafter referred to as the applicant, for amended site plan approval and a special permit for the construction of a 21, 700 square foot addition to the existing Day Treatment Building together with an expanded parking/circulation area, a realignment of the site's King Street entrance, regrading and landscaping, within the property located at King Street and Lincoln Avenue and Known on the official tax map of the Village of Rye Brook as Section 1, Block 2 , Lot 3A1; and 3 January 26, 1993 WHEREAS, said application for amended site plan and special permit approval was submitted to the Village of Rye Brook in April, 1992 by Walter Rooney, agent for the applicant; and WHEREAS, a site plan entitled: "United Cerebral Palsy of Westchester Addition to Day Treatment Center" was prepared by Walter Rooney, AIA dated February 29, 1992 and last revised August 13 , 1992 ; and WHEREAS, the Planning Board recommended the granting of amended site plan approval and special permit approval on August 13, 1992 and on September 1, 1992 the Zoning Board of Appeals granted a 40 foot variance in minimum yard dimension and a 40 foot variance for the parking area near the Northern boundary of the property; and WHEREAS, the Board of Trustees of the Village of Rye Brook is of the opinion that it is in the general interest and common good of the people of the Village of Rye Brook to approve the site plan of United Cerebral Palsy and special permit with certain conditions and stipulations which will be set forth herein. i NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the accompanying "Notice of Determination of Non-Significance" or Negative Declaration for the action; and be it FURTHER RESOLVED, that said application for amended site plan and special permit approval be and hereby is approved and the Mayor of the Village of Rye Brook is authorized to endorse said approval upon copies of all documents, which shall authorize the issuance of building permits in accordance with this resolution and all applicable laws, all upon completion of the following modifications and conditions and also in accordance with the Villages Zoning Law, its regulations and building code, and that the applicant be so notified, provided however that this approval shall expire two (2) years from the date of this resolution if the modifications and conditions set forth below have not been completed to the satisfaction of the Village Board of Trustees except as set forth below, or the applicant has requested and been granted an extension of this conditional approval in writing: 1. The applicant shall maintain on a continuous basis the availability of 300 overflow parking spaces at SUNY at Purchase, substantially as set forth in the November 19, 1992 letter from Mark Albrecht, SUNY at Purchase Director of Operations, and shall promptly inform the Building Inspector of any material change in the availability of such parking spaces, it being recognized that the magnitude of use under this Resolution is dependent upon the continuing availability of such parking spaces; 4 January 26, 1993 2 . All utilities shall be provided in sizes and amounts and locations in accordance with accepted engineering principles, and shall be approved by the Village Building Inspector; 3. During the period of construction, the applicant shall conform and comply with the Westchester County Soil and Waste Conservation Board's "Best Management Practice Manual" for construction related activities so as the minimize soil erosion, siltation and other storm drainage parvenus and shall utilize the services of the Westchester County Soil and Water Conservation District were appropriate; 4 . The Board of Trustees reserves the right for the Board or it's designee to make a final field inspection of the site before issuance of a certificate of occupancy for the proposed addition. The purpose of this final inspection of the site before issuance of the certificate of occupancy for the proposed addition is to review the development and to insure that the conditions set forth herein and other site plan details in the interest of safety, convenience and aesthetics have been satisfactorily completed. The applicant shall maintain all elements of the approved site plan including landscaping, in a neat, viable and healthy condition so as to retain its approved certificate of occupancy; 5. If the applicant fails to comply with any of the site plan and conditions with respect to maintenance, drainage and landscaping, the Village Board of Trustees may direct compliance with the site plan condition to be performed within twenty (20) days, or, in the event of an emergency, within 24 hours, by an outside independent contractor and the cost of these services shall become a charge against the land, enforceable in the same manner as a tax lien; and be it FURTHER RESOLVED, that the site plan shall include therein the following designation and legend: "This site plan shall be subject to all requirements and conditions of the Resolution of the Village of Rye Brook dated January 26, 1993 and all prior approval resolutions relating to the premises" ; and be it FURTHER RESOLVED, that the special permit shall be for classrooms for the training and education of children with cerebral palsy which is found to be an eleemosynary use; and be it 5 00460o January 26, 1993 FURTHER RESOLVED, that pursuant to the Zoning Law the following findings are made: 1. The use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts. 2 . The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, is such that it will not cause or result in: (i) Dissemination of dust, noise, vibration, excessive light, odor, smoke, observable or detectable gas or fumes, or other atmospheric pollutant, or any harmful discharge of industrial waste materials beyond the boundaries of the site on which such use is conducted; (ii) Menace by reason of fire, explosion or other physical hazard, including radiation; (iii) Interference with radio or television reception beyond the immediate site of the building in which such use is conducted, or scientific testing of devices or instruments which requires the flying of aircraft over the building in relationship to activities in the buildings in such a manner as to cause a public nuisance; (iv) Unusual traffic congestion on the streets and highways giving access to the site. 3 . The special permit does not involve an industrial use. FURTHER RESOLVED, that the developer, its heirs, assigns, successors, shall be obligated to provide copies of all final site plans, special permits and subdivision approval resolutions to every purchaser of this premises or any portion thereof; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver an easement/maintenance agreement, satisfactory to the Village Attorney, under which United Cerebral Palsy would, at its own cost and expense, construct, install, and maintain a sewer line in Lincoln Avenue right-of-way; and be it FURTHER RESOLVED, that this Resolution of final site plan approval for the construction of the proposed addition shall lapse if the final site plan amended as set forth in this Resolution has not been filed in the office of the Village Building Inspector within six (6) months after the date of this resolution. 6 0W January 26, 1993 Mayor Cresenzi stated that we declared a Negative Declaration. He questioned if we ever declared ourselves Lead Agency to formulate that Negative Declaration. Attorney Powell explained that the Village is the only involved agency, so it was necessary to go through that process. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. SETTING PUBLIC HEARING DATE ON LOCAL LAW #2-1993- AMENDMENT TO ZONING CODE REGARDING SENIOR CITIZEN HOUSING On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION LOCAL LAW #2 OF 1993 ADDING A NEW SECTION 66-36 TO THE ZONING CODE OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT. RESOLVED, that a Public Hearing will be held by the Village of Rye Brook Board of Trustees on Tuesday, February 23 , 1993 at 8 : 00 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, NY to consider the adoption of proposed Local Law #2-1993 adding a new Section 66-36 to the Zoning Code of the Village of Rye Brook to provide for a Special Exception Use Permit for A Senior Citizen Housing Development. Trustee Solomon questioned if this could wait until we did a determination on that entire area. Mayor Cresenzi stated that it is not a rezone, it is a special use permit so it wouldn't give anyone else the ability to come in and file for a permit. It would have to go through the Public Hearing process and it could only be issued by this Board. Trustee Zuckerman stated that when this is enacted, it could apply to any future Senior Citizen Special Use Permit exemption should any other areas be deemed suitable for such a project. 7 004,1308 January 26, 1993 Mayor Cresenzi stated"that Trustee Zuckerman was correct but it is restricted primarily to the R2-F Section of the Village so that any project that is built would be convenient to shopping, doctors and so on. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. APPROVING FULL STOP SIGN - PINE RIDGE PARK EXIT On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION FULL STOP SIGN AT PINE RIDGE PARK EXIT RESOLVED, that Section 240-IIC of the Rye Brook Village Code be hereby modified to add a Full Stop on the Pine Ridge Park Exit Driveway at the intersection of Latonia Road; and be it FURTHER RESOLVED, that this resolution be effective upon the installation of such sign. I Trustee Pellino questioned if when this is voted on, Administrator Russo will be officially amending the Vehicle & Traffic Law of the Village so that this goes into our inventory. Administrator Russo stated that he would be and we would receive an insert page. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. URGING THE CITY OF WHITE PLAINS NOT TO LEAVE THE WESTCHESTER LIBRARY SYSTEM Mayor Cresenzi explained that the White Plains Library is one of the best libraries in the County and they have opted to withdraw from the Westchester County Library System. 8 00400) January 26, 1993 On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION URGING THE CITY OF WHITE PLAINS NOT TO LEAVE THE WESTCHESTER LIBRARY SYSTEM WHEREAS, there has been a long history of fruitful cooperation among the public libraries of the scattered cities, towns, village's and rural areas of Westchester. The chartering of the Westchester Library System formalized a variety of goals of service while preserving the autonomy of these community libraries. The several large libraries provide a range of quality resources that benefit residents and non-residents alike; and WHEREAS, it has been in the public interest that our libraries have shared services and materials to meet the full educational and recreational needs of all users. It would be a grave disappointment if any member library were hesitant about accepting responsibility for participation in the Westchester Library System; and WHEREAS, if one library elected to withdraw from this network of cooperation, it would undermine the basic philosophy of public j library service which has provided free and equal access to all libraries in the county. Unilateral action will impair a pattern of service which has taken years of effort and good will to develop; and I WHEREAS, the White Plains Library is considering charging individuals throughout the community for library services; and WHEREAS, if the White Plains Library would withdraw from the Westchester Library System, it would permit White Plains residents to use other libraries and deter residents of other communities from using the White Plains Library. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook strongly encourages the White Plains Library to continue to be part of the Westchester Library System; and be it FURTHER RESOLVED, that a copy of this resolution be sent by the Village Clerk to the White Plains Library, the Mayor of the City of White Plains, the members of the White Plains City Council and the other villages, towns and cities in Westchester County. 9 004610 January 26, 1993 Trustee Pellino stated that he hopes White Plains will reconsider because something like this could really set up a domino effect if other communities become upset about this situation. We have an outstanding Library System in the County and White Plains is an outstanding library. Trustee Zuckerman pointed out that we have in our packets, unanimous resolutions from the Village of Mamaroneck and the Town of Greenburgh also requesting that the White Plains Library not withdraw from the system. Mayor Cresenzi stated that there are many non-residents of White Plains that use their library. This has become burdensome to them and they want to charge a fee for non-residents to use the library, which is prohibited by the Westchester County Library System. That is why they are thinking of doing this. Mr. Harris stated that the bad thing about that is that White Plains is filled with daytime residents of Westchester County who work there and produce business for the City of White Plains and they, on their lunch hour or at the end of the day go in to use the service of that library because it is convenient to their office. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. SUPPORTING PASSAGE OF STATE LEGISLATION GRANTING TOWN AND VILLAGE JUSTICES THE AUTHORITY TO ISSUE CEASE AND DESIST ORDERS On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION SUPPORTING PASSAGE OF STATE LEGISLATION GRANTING TOWN AND VILLAGE JUSTICES THE AUTHORITY TO ISSUE CEASE AND DESIST ORDERS WHEREAS, a bill is expected to be introduced in the State legislature to amend the Criminal Procedure Law to authorize town and village justices to issue orders to violators of local laws, ordinances, rules or regulations requiring such violators to cease those actions; and WHEREAS, even though the present procedure of fines is important and does help, it does not always accomplish its purpose since some violators pay the fines but do not correct the condition. 10 i January 26, 1993 0()4:'3 .1 .i. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook favors the proposed amendment to the Criminal Procedure Law to give village and town justices cease and desist powers; and be it FURTHER RESOLVED, that the Village Clerk send copies of this resolution to our state legislators and neighboring communities. Attorney Powell explained that the cease and desist order will essentially give Town and Village Justices the power to issue a form of injunctive relief which, if violated, could be a contempt of court. If there is a contempt of court, a contempt proceeding could be brought and the person could be jailed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. SETTING GRIEVANCE DAY - FEBRUARY 16, 1993 On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION GRIEVANCE DAY FEBRUARY 16, 1993 WHEREAS, the tentative Assessment Roll for the Village of Rye Brook will be completed by the Assessor of the Village of Rye Brook, County of Westchester on February 1, 1993 ; and WHEREAS, said Assessment Roll may be seen and examined by any interested person until the 3rd Tuesday in February (February 16, 1993) at the Assessors Office, Town Rooms, 10 Pearl Street, Port Chester, New York; and WHEREAS, persons having objections or grievances against the assessments must file with the Assessor of the Village of Rye Brook an application for review not later than the third Tuesday in February; NOW, THEREFORE, BE IT 11 January 26, 1993 0046 i RESOLVED, that the Village of Rye Brook Board of Assessment Review will meet on said third Tuesday, February 16, 1993 at the Village Office, 90 South Ridge Street, Rye Brook, NY between the hours of 6: 00 p.m. and 10: 00 p.m. to consider those applications that have been filed on or before that date. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. APPOINTING INSPECTORS OF ELECTION FOR VILLAGE OF RYE BROOK ELECTION MARCH 16, 1993 On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION VILLAGE OF RYE BROOK INSPECTORS OF ELECTION RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be two (2) Inspectors of Election for each Election District in the Village Election to be held on March 16, 1993 from 7 : 00 A.M. to 9 : 00 P.M. ; and be it FURTHER RESOLVED, that the following Chairpersons and Inspectors of Election are hereby appointed: #20 Connie Pennucci, Chair 525 Ellendale Ave. PCMS 939-4223 #20 Marie Godano, 16 Jennifer Lane PCMS 937-5010 #21 Vinnie Marcucilli, Chair 180 Fairview Ave. PCMS 939-6853 #21 Beth Bandy 11 Lincoln Ave. PCMS 939-5334 #22 Rita Messina, Chair 808 King St. BBHS 937-1645 #22 Barbara Minnitte 814 King St. BBHS 939-9021 #23 Judy Uhry, Chair 19 Rock Ridge Dr. RSS 937-1295 #23 Gene Reich 11 Winthrop Dr. RSS 937-4298 #26 Jean Mendicino, Chair 81 Hillcrest Ave. PCHS 939-5313 #26 Mildred DiSanto 151 No. Ridge St. PCHS 937-5876 #27 Annette Alimena, Chair 440 No. Ridge St. RSS 937-2595 #27 Charlie Otto 50 Bonwit Road RSS 939-8587 #29 Patricia Pagli, Chair 15 Greenridge Ave. RSS 686-4428 #29 Joseph Nardi 10 Woodland Ave. RSS 939-8164 and be it 12 January 26, 1993 0f�r .' , FURTHER RESOLVED, that the following Alternate Inspectors of Elections are hereby appointed: Frances Forti 17 Division St. 939-1807 Josephine Aulenti 127 Ridge St. 939-1191 Antionette O'Neill 2 Tamarack Road 939-7048 Josephine Severi 59 Windsor Road 939-4883 Marion Meyer 71 Bowman Ave. 939-2886 FURTHER RESOLVED, that compensation for each Inspector of Elections shall be in the sum of Eight ($8) dollars per hour. By Order of the Board of Trustees Village of Rye Brook, NY Salvatore M. Cresenzi, Mayor Christopher J. Russo, Village Clerk TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. APPOINTING RECORDS MANAGEMENT COMMITTEE Administrator Russo explained that the appointment of a Records Management Committee was recommended to us in the State Records Management Program. We are applying for a grant to do a feasibility of our paper flow and records management and hope that this will lead to a future grant. We are looking at State of the Art technology for our Records Retention and Storage. It will help our case to have an established group of Village Officials and officers to review issues that may come up from time to time with regard to records retention and records storage, and disposition. On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION RECORDS MANAGEMENT COMMITTEE WHEREAS, the Village of Rye Brook is committed to establish an efficient program of managing records and information including the identification and appropriate administration of records with enduring value; and WHEREAS, the Village's records management officer can be assisted in this effort by the guidance of a Records Management Committee to oversee and help coordinate such efforts and plans according to the MU-1 Records Retention and Disposition Schedule. 13 ff��II11 January 26, 1993 0044 I' NOW, THEREFORE, BE IT RESOLVED, that a Records Management Committee be hereby established and that five (5) members be appointed annually in April by the Board of Trustees; and be it FURTHER RESOLVED, that the following Village Officials/Officers be hereby appointed: Mayor Salvatore M. Cresenzi Village Administrator, Christopher J. Russo Asst to Village Administrator, Lori Ann DeMarco Deputy Village Treasurer, Diane DiSanto Police Chief Robert J. Santoro Trustee Zuckerman questioned who the Village's Records Management Officer is. Administrator Russo replied that the Village Clerk is the Records Management Officer. Trustee Zuckerman questioned why Administrator Russo was on this committee if this committee is to help the Records Management Officer. Administrator Russo explained that for the purpose of this committee, it is recommended that the Records Management Officer be on the Committee. Trustee Pellino stated that the idea of having this committee is a good idea and hopefully it will lead to the second phase that Administrator Russo discussed about leading to a future grant for state of the art technology, particularly a computer technology. I recently visited the Village of Tuckahoe which is very well computerized. It was computer integrated departmentally, meaning that all departments are all related to each other via computer technology so that for example, if a person applies for a building permit and the person has an outstanding parking ticket, that building permit would not be issued. This should definitely be a consideration to upgrade our computer system and we should find out what other municipalities in the area are doing because with the advent of any computerization, we may want to be flexible enough to interact with other departments of other Towns and Village's and perhaps even the County. This is a good idea and it will be a very complex issue, so good luck to the Committee. Administrator Russo stated that the Village has received one grant under this program already to do a Records Inventory, which we have done. There was a second phase to that Grant process that we were involved with, with a consortium of communities including Port Chester, Town of Mamaroneck and the Village of Mamaroneck and the second phase of that grant was for microfilming longterm records of duration and one of the luxuries that we do have is that we don't have 50 - 100 years of records, we only have 10 years and microfilming is not what you would call a state of the art technology. 14 January 26, 1993 0 C4 3 .1 Administrator Russo added that the State of New York is not state of the art and that is the last approved legal technology for longterm storage. He further stated that he could not see the Village of Rye Brook going any further in that area to start microfilming longterm records when we don't have an immediate problem with storage and paper records. Trustee Pellino questioned if what Administrator Russo was saying is that if the Village wanted to, they couldn't get into newer types of technology. i Administrator Russo stated that at this moment for permanent longterm storage, we could not, but that may change by the time we are ready to make that move. Trustee Pellino questioned if the State is reviewing this. Administrator Russo stated that they are well aware of what the other technologies are, it is just that they haven't approved any other technologies for longterm or permanent record retention and storage. The State is a little behind in their technology. Trustee Zuckerman questioned what the time frame that we need to maintain paper records is and if it is possible to keep paper records forever. Administrator Russo replied that there are certain records that we must keep forever and others for thirty-five years. Trustee Zuckerman stated that fortunately, our Village is only ten years old so we are not nearly at that stage yet but as long as we keep the paper records we can then go into CD Romm for storage. He also questioned if this committee would also be involved in updating the computers. With technology changing as rapidly as it is, then this is a good first step to set up this committee. Administrator Russo replied that the committee would be involved in all issues. Mr. Harris stated that there are many records over ten years old from the Town of Rye. Administrator Russo stated that Mr. Harris was correct and those records have been reorganized sensibly since the incorporation of Rye Brook. For example, we inherited tax maps from the Town of Rye and they were previously kept up manually by cooperation of the former Town Engineer and Assessor and those maps haven't been kept up in many years which make it very difficult to discuss even the most routine Planning or Zoning matter with a resident or someone considering a purchase. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15 January 26, 1993(1, 10. PERSONNEL MATTER Mayor Cresenzi stated that item #10 will be on the agenda of the February 9, 1993 Meeting. 11. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, 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: #5908-5973 Payroll Checks: NONE Environmental: #368 Recreational Trust: NONE Capital: NONE Manual Checks: NONE Birthday 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 APPROVAL OF MUNUTES 12. OCTOBER 13, 1992 13. OCTOBER 27, 1992 14. NOVEMBER 10, 1992 15. NOVEMBER 24, 1992 16. DECEMBER 29, 1992 Due to a lengthy agenda, the Board of Trustees decided to hold the minutes over to the February 9, 1993 Agenda Meeting. 16 January 26, 1993 004 WRITTEN COMMUNICATION 17. LIEUTENANT JOHN BELTRAMELLO RE: RETIREMENT Mayor Cresenzi stated that Lt. Beltramello has been with the Department for twenty-seven years, has a fabulous record, is an extraordinary Police officer and will be missed by this Board and by the residents of the Community. His last day on the job was today and he will be finishing up his leave and vacation time. He wished Lt. Beltramello well now and in the future. Trustee Zuckerman stated that as long as he has been a member of this Community he has found Lt. Beltramello to be a fine officer, a gentlemen and a credit to the force. He requested that the Mayor review the proper procedures to appoint a new lieutenant so that we can be informed of what steps need to be taken to fill the position. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION RETIREMENT RESOLVED, that the Board of Trustees of the Village of Rye Brook do hereby accept, with regret, the letter of retirement from Police Lieutenant John Beltramello; and be it FURTHER RESOLVED, that the Village Board expresses their best wishes to John for a Happy and Healthy retirement. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 18. HELENE M. HANSON RE: LETTER OF APPRECIATION DATED: JANUARY 3, 1993 Administrator Russo read the letter which expressed appreciation to the Police Department, Fire Department and Ambulance Services in the Village of Rye Brook. Mrs. Hanson acknowledged the roll of officers Terry Wilson and Steve Goralick, which whom she had the most contact. I Mr. Harris questioned if 911 was in effect. Trustee Daly stated that 911 was not in effect, however if you dial 911 the operator will pick up and automatically connect the call to the local jurisdiction. 17 January 26, 1993 OOVI l 8 Trustee Pellino stated that this letter points out the fact that our Police and all other uniformed services that work for the Village of Rye Brook are top notch and staffed by outstanding people. He added that he is very proud of our Police Department in particular for their actions in this case. DISCUSSION 19. 1987 PACE MANAGEMENT STUDY UPDATE Administrator Russo stated that we are in discussions with Dr. Cupielo, who is Director of the Michaelian Institute at Pace University to update the study that they had completed during 1986- 1987 with regard to the overall Government structure and administration in Rye Brook. There are a few areas that we are discussing with them to include in their proposal to update the study. In particular, it is an upgrade of our computer system that they recommended over six years ago. Another specific area is the operation and relationship between the parks maintenance and Highway Department operations. Those were specific areas that were not addressed in the previous study. The Village is looking at those areas and some other general areas and status of government operations, but we are in discussions with Pace over making a proposal to that effect right now and we wanted to inform the community of that. Trustee Solomon questioned what other areas were being discussed. Administrator Russo stated that the specific areas were the computerization and computer updating and parks maintenance and Highway Department operation. Whatever other items they pick up on, they will let us know. Trustee Zuckerman stated that as discussions take place, other issues may come up that are related, but the main thing will be to look at intefnal operations. The first study dealt with establishing the Village Administratorz's office and now we are looking to enlarge that study to other areas of operation, such as parks maintenance, Highway and also to update the computer system and bring it into the twenty-first century. Trustee Solomon stated that someone mentioned doing a paperwork trail study as well. Could Pace do this as well? . Administrator Russo stated that part of the paper flow is included with the Records Management Grant. He stated that he did not know if Pace could do that. 20. MEADOWLARK PARK CONDITION - STATUS REPORT Mayor Cresenzi stated that at the last meeting of the Board of Trustees, at the request of Mr. Harris, we have prepared a status j report to be prepared for this meeting. 18 January 26, 1993 0 04.)l Administrator Russo stated that he discussed this with Mr. Circosta and the Parks Superintendent. The Highway Department maintains the Meadowlark Park area. Administrator Russo referred to the video tape which was taken on January 23 , 1993 of the Meadowlark Park area. The video tape showed that the grass was maintained and it is obvious that it is maintained all Summer long. It also showed many piles of dog feces. We do not have a proper survey or map of this property so it is difficult to determine the exact property lines. Trustee Pellino questioned if there should be a map available. Administrator Russo stated that there should be but it is the same case as the parks at Rye Hills and Harkness. Frederick P. Clark Associates used a tax map for their Recreation Study done in 1986. The biggest problem in Meadowlark Park in order of priority, is the dog feces, as the first ten feet of the park is loaded with it. The second part of it is that, in accordance with the Risk Manager's recommendation, we could fence around the stream and reduce our liability. We could do this immediately without having any further plans for the park. We should also post a pooper scooper sign and have the area Policed. The third thing which is really minor, is on the Meadowlark side there is overgrowth, which I think, is on Village property. Trustee Zuckerman questioned if we should have that area surveyed like we did with Harkness and Rye Hills parks. Administrator Russo stated that we could get a price on having this done and then determine the benefit of it. I don't know at this moment whether or not a good survey of this property exists. Trustee Zuckerman stated that we should look into this and see if a survey exists. Administrator Russo stressed an issue that was brought to his attention by the Risk Manager, which he discussed with the Recreation Superintendent. Based on the fact that we have been put on notice, we may want to consider fencing off that stream area. Trustee Pellino questioned if we could get a cost estimate for different types of fencing, such as split rail. Administrator Russo stated that as long as we put something there to make it clear that we want people to go around that, a split rail fence would do it. Trustee Pellino added that it would be a good idea to post the Village Ordinance in some manner as to the curbing and g 5 of do or s g / the pick up of their droppings. Administrator Russo agreed. Trustee Pellino stated that if the high brush along the perimeter is found to be on the property, we should probably cut it back. 19 January 26, 1993 l�G4G`;2'U Administrator Russo stated that he considered that to be one of the i most minor of the issues. Trustee Solomon stated that the brush screens a great deal and in the Spring it is green. Trustee Pellino added that it could probably use a pruning to make it shapely and just look generally nicer. Mr. Harris stated that it might be more handsome, once we establish where the property line is, to do some light planting of evergreens that will give screening to the property adjacent and at the same time approve the aesthetics of the place. We must settle the encroachment issue and establish where our property ends. Also we have been made aware by our Risk Manager that there is a liability, so we have to deal with it. This could easily be justified to come out of the Recreation Trust Fund. Trustee Daly stated that we already have the figures for the fencing from when the park was being looked into last year. Mr. Circosta stated that the fencing at that time was strictly related to chain link fencing and to keep esthetics of the neighborhood, we should look at a different type of fencing which will provide somewhat of the same safety factors. Trustee Zuckerman stated that we should contact the residents that live in that immediate area and get some neighborhood input. Trustee Pellino stated that he spoke with Administrator Russo about applying for grants for the purpose of planting trees on Village property. He questioned if Meadowlark Park would qualify. Administrator Russo replied no, because there is a formula and we have applied for the maximum that we were able to apply for and it also must be in an urban center or down town center. Trustee Pellino questioned the possibility of plantings near the new shopping center on South Ridge Street. Administrator Russo replied that if we get this grant it would be possible to plant some trees next year, but Meadowlark Park would definitely not qualify for this program. Trustee Solomon questioned what it would cost to pipe the area. Mr. Circosta stated that he has some costs and would get a copy of that to the Board of Trustees. Mayor Cresenzi directed Mr. Circosta and the Superintendent of Recreation & Parks to compile a list of all Village Parks and next to each park make a notation as to whether or not we have a survey map on file. 20 January 26, 1993 Trustee Pellino stated that it stands to reason that there would be a map of that property in the original files from when the Meadowlark area was developed over twenty years ago. Mr. Harris stated that there are maps of the surrounding homes, which should show the lines. There is a list of parks and open land in three of the editions that we've had of the Annual Report and also in the Recreation Study. He questioned if the Board agreed that not doing anything is no longer an option. Trustee Zuckerman stated that he could not say that. He added that probably something should be done, but the question is what it is that should be done. Trustee Pellino stated that the stream is his biggest concern. Trustee Solomon stated that whether anything else goes on in that park he is really concerned about the stream also. Mr. Harris stated that he is not speaking of putting in a sandbox, he is talking of Village property and the Village must be safeguarded against liability and encroachment. Mr. Circosta stated that he would gather the cost estimates and the list of park surveys. In most cases, as in this case, we have a sub-division map on file of the development. Trustee Solomon questioned if we were to fence in this stream, would it end our liability if someone gets hurt in that stream. Attorney Powell stated that it would not end our liability, but we should really think of this as a safety issue, rather than a liability issue as we are protecting public safety. Trustee Solomon finished his thought and stated that with a river fenced in, there is still more opportunity to get hurt than if we back fill it in and pipe it out and it is now ground, not any kind of stream at all. Attorney Powell stated that you can't fall into a stream that is filled in so that would end the liability. 21. BROMBERG/GAMSON SUBDIVISION STATUS REPORT Mr. Circosta stated that at our last meeting we had some comments regarding some of the activities that have been taking place on that site. We recently received a letter from another property owner with regard to tree removal. Mr. Circosta stated that he has been to the site, and has been comparing the prior surveyor's topography to what currently exists today to determine what exactly came down regarding trees. He has also been discussing with the builder and the owner of the property with regard to the final plans dealing with the grading of the property, which was also brought into focus. A final status report is not ready at the present time. 21 ()c)46a.e�: January 26, 1993 Trustee Solomon questioned how many trees have come down and how many did they have permits for. Mr. Circosta restated that a final report is not complete and he does not have that information available at this time. Trustee Zuckerman questioned if there are any proposals currently to take down any additional trees. Mr. Circosta stated that a tree permit was filed for the removal of a sixteen inch spruce which sits directly in front of the new house at the front of the property, and it was denied by the Building Department. Subsequently, the owner filed an appeal to the Tree Committee who reviewed the application and they stated that they did not have a problem with that tree being removed, however, as part of the removal of that tree they are required to submit a complete landscape plan of their property. One of the conditions of the tree permit was that they were looking to add about twenty- four inches of additional plantings along the southerly property line to make a screen as part of their planting plan. The plan will be submitted to the Building Department and it will be reviewed with our landscape consultant. Trustee Zuckerman questioned if what the Tree Committee is saying is that if a tree comes down on Hillandale Road, they are going to plant trees instead on Loch Lane. Mr. Circosta stated that what they said is they realize the aesthetics of the property along the Loch Lane boundary line. The owner has stated that as part of the screen along the southerly property line they also plan to have ornamental trees planted on their front lawn, which would be that area between the new house and Hillandale Road. Trustee Zuckerman stated that the tree we are referring to is sixteen inches in diameter and stands probably fifty or sixty feet high. The letter from the resident on Hillandale Road urges that no further trees be removed so my concern is that both Loch Lane and Hillandale Road residents be taken into account. For the record, I happen to be one of the Hillandale Road residents as well. Many trees have come down along Hillandale Road in the past and the question is replacement of those trees as well. There are currently two stumps sitting on Hillandale Road and Trustee j Zuckerman questioned if there will be a replacement for those two trees, which should not have come down. Mr. Circosta stated that he would gather all of this information for the Board for the next meeting. Trustee Pellino questioned if the sixteen inch pine tree was in the path or within the building envelope. Mr. Circosta replied that it is not in the path. 22 I January 26, 1993�f1( r;� Trustee Pellino stated that it is not being removed to facilitate the construction of the house, but it sounds like it is being removed for convenience sake rather than a necessity. Mr. Circosta stated that according to their application, to save that tree would require a large well around the tree because of the grading on the property and that the well would be in close proximity to the front entrance of the house which may be a hazard for them or visitors. Trustee Pellino stated that perhaps we could get a photograph of that part of the property where the tree stands. Mayor Cresenzi stated that there is a set procedure and anyone wishing to remove a tree has the right to apply for a permit through the Building Department. It is inspected, the application is reviewed, there is a field inspection made and the permit is either granted or denied. If the permit is denied, the resident then has the right to appeal that decision to the tree committee, who has the right to determine the outcome, so there is a mechanism in place. The Tree Committee functions very similar to the Zoning Board of Appeals where if you wish to put an addition on your home and it doesn't qualify, the permit is denied and you then appear before the Zoning Board of Appeals. Trustee Zuckerman stated that like the Zoning Board of Appeals, there is no appeal, except to the courts for a decision of the Tree Committee, but unlike the Zoning Board of Appeals there is no mechanism to alert adjacent property owners that any kind of a proceeding is pending. When a large tree is going to come down, the residents who may be in opposition are not notified and there is no input. Something needs to be changed in this procedure. Mayor Cresenzi stated that this is true to a point. The Tree Committee is made up of a landscape architect, a member of the Planning Board, who during the sub-division process would have dealt with the -layout of the trees during the sub-division process and also a member of the Zoning Board of Appeals. The Planning Board, historically has always been very hard on developers removing any types of trees so I think a person wanting to remove a tree has a hard sell. Trustee Zuckerman questioned what the percentage of applications that have come before the Tree Committee on a denial by the Building Department where the Tree Committee has also denied it as opposed to approving it. Mr. Circosta replied that he had no percentages available this evening. Trustee Zuckerman questioned if the Tree Committee has ever denied an application. Mr. Circosta stated that he does not think that the Tree Committee has ever denied any applications. 23 i f January 26, 1993 Trustee Solomon stated that we may be better off declining all permits because at least it will get to the Tree Committee for their review. Mayor Cresenzi stated that if we do that, we will really sandbag the operation of any homeowner in the Village who may want to put on a small addition, put in a pool or widen their driveway. Trustee Pellino stated that the real intent of the ordinance is to reduce the indiscriminate stripping of timber from properties in this Village. It was born of a number of cases in many communities where home owners stripped their properties from trees because they didn't like to rake leaves or whatever the case may have been. This effected not only the visual impact of the community, but it also had environmental effects. If people would like to read the tree ordinance, they would see that trees do serve a purpose other than looking pretty in the Spring and being a nuisance in the fall. They absorb a lot of ground water, they filter the air and provide a habitat for the birds. The intent, therefore is not to overly restrict or impede a property owner, it is to prevent indiscriminate stripping of the timber. Trustee Solomon stated that it seems to him that seventeen trees that have been cut down and much of that has been rubber stamped. Mayor Cresenzi stated that whatever the number of trees is, before statements are made that things are rubber stamped one should review the applications and get the building envelope and see where the building is placed. Trustee Solomon stated that he is not saying that the trees shouldn't have come down, but we must have a better mechanism to preserve certain trees, because once they are removed, they are gone. Planting twenty-four small trees and waiting for them to grow is not the same thing. Mayor Cresenzi -stated that we still haven't heard what the decision of the Tree Committee was. Before someone states that the Building Department rubber stamps anybody that comes in, you have to look and see where the house sits on the property. If the tree is within the building envelope, they are going to come down. Before we make statements, we should check our facts. Trustee Solomon stated that Mayor Cresenzi was one hundred percent correct, many of those trees were in the building envelope, but the ones that weren't may have inadvertently come down in the process. Mayor Cresenzi stated that we can't deal with this now, because we don't have the facts to substantiate anything. Trustee Solomon stated that we should discuss this at the next meeting. 24 004. January 26, 1993 Trustee Zuckerman stated that on one hand we have the interest of the property owner and on the other hand we have the interests of the Village and the surrounding residents in maintaining the beauty of the neighborhood. There is no mechanism to bring the area residents into the process, we are leaving it to the Tree Committee, who are qualified and approach this from a certain point of view, which does not necessarily take into account what the neighbors may feel about it. When we discuss what should be done, we should bring in the neighboring property owners and get their input. Mr. Circosta stated that any permit that was issued, were permits that dealt with location of driveways and structures. No permit was issued for any tree that was out of those bounds. If trees came down otherwise, then they were taken down in violation. Trustee Solomon questioned if that building is being built according to the Code. Mr. Circosta stated that the drawings that were approved all met Village Code and Building Code when they were approved. With regard to actual building, I have spoken to the Builder about preparing a final grading plan for us because one of the elevations differs slightly than the elevation that was approved. Trustee Zuckerman stated that the area of Loch Lane was mentioned in conjunction with this property. I was at the site this past weekend and it was soaking wet as usual. He then questioned what is happening with the stream area. Administrator Russo stated that we have a proposal that we have been working on for a couple of years, which would resolve the flooding and drainage problem in the rear of the homes of Loch Lane by way of a construction, piping and stream dredging project proposed by Dolph Rotfeld, our Consulting Engineer. That project would require a district and the residents of that area to fund it as it is private property, however, we are working on a possible alternate method of funding this through developments that are proposed in the area and we may be able to get this done to the taxpayers benefit of having a developer pay for it and that is currently in negotiation. We would be well served by waiting through that process which may only be a couple more months. We have had meetings with the developer involved and he has accepted doing this, we are just working out details of funding for it and that is where we are now. We have another meeting to deal with this issue tomorrow morning. It will be in the taxpayer's best interest to see this process through. Trustee Solomon questioned if there is any reason we could not know who that developer is. Residents watching at home may want to put the pieces together. 25 January 26, 1993 Administrator Russo stated that it might be more than one developer, and we are not quite sure who it may be. I wouldn't want to limit ourselves to the current development proposal in that area as another subdivision may come up that could participate. I wouldn't want to lock someone in or lock someone Out. Trustee Zuckerman stated that he has grave concerns regarding the environmental problems over there regarding the flooding and there may be a possibility that part of the problem was caused by dumping illegal material and thereby raising the level of the water table. Administrator Russo stated that this issue was thoroughly addressed by our consulting engineer and if I may suggest, Dolph Rotfeld will be at our February Meeting to make a report on the Rye Hills project regarding drainage and improvements in that area. With a little preparation time, he may be able to explain what the problem is over in that area. Trustee Zuckerman stated that we should have a presentation, as the residents are very concerned. Mayor Cresenzi stated that there was a meeting held with Mr. Rotfeld and all the area residents where this issue was discussed. The filling in and grade change was completely discussed as well as the whole concept of a special district. Mr. Rotfeld came up with a few different scenarios for different methods of dealing with the water with different costs attached to them. The end result of the meeting was that when the costs were discussed and it was discussed as a special district because the flooding conditions and the stream is on the residents properties, when they found out that they would be charged for it over a ten year period, they chose not to participate in that method to eliminate the flooding. It may be a good thing to bring everyone back up to speed. Trustee Solomon questioned how the Environmental Protection Agency situation at the Superfund site effects that area. Trustee Zuckerman mentioned that the Mayor received the latest transmittal from the United States Environmental Protection Agency regarding the Superfund site on Hillandale Road, which he requested be made available to the public. He suggested that we discuss this at our next meeting. He found that once again, the response of the Environmental Protection Agency is totally unsatisfactory. They do confirm, however that the approval of money spent is up to 4 . 47 million dollars and may go even higher and that by the next meeting we should have a response from Nita Lowey's Office. We are going to have to start contemplating legal action against the Environmental Protection Agency to force them into doing what they are supposed to be doing. Trustee Solomon stated that he and Trustee Zuckerman have been approached and being that we have attorney's who specialize in environmental law here in the Village, they may want to help the Village without a fee. He questioned if we could do this. 26 January 26, 1993 00482-i Mayor Cresenzi stated that he did not know if we could use the residents but he stated that he does want to initiate a legal action. Trustee Zuckerman stated that as a resident of Hillandale Road, he is certainly willing to become a plaintiff in such an action as an individual let alone as a Trustee. We will not have any problem in finding residents who have been affected in some way to intervene. Mayor Cresenzi directed Attorney Powell to give the Board an opinion as to what Trustee Solomon requested. Attorney Powell stated that he thought that there might be a question about our standing to intervene in their court proceedings or to sue the Environmental Protection Agency. Mayor Cresenzi stated that it is outrageous how they could get away with ignoring us. It is not a small issue if it is still not completed after spending 4 . 4 million dollars. Trustee Daly stated that in their minds, they think that they are giving us all the information that we need as they have told us that information is available at the Public Library. Mayor Cresenzi stated that we still can't obtain a decent map from them which shows what was contaminated before they started the clean-up and what has been cleaned up to date. Trustee Daly stated that she agreed. Trustee Zuckerman stated that what is most depressing about the situation is that the removal efforts have halted and the structure where the problem seems to have originated and is most contaminated still remains. In the last several months we have had many heavy rain storms. If mercury continues to seep from that area into the ground, how much of the clean-up effort that took place over the last year has to be repeated and at what cost and over what period of time. Trustee Solomon stated that he would like the Mayor's Office to touch base with Senator Oppenheimer, Assemblyman Tocci and Nita Lowey's Office to see if they can help us get some answers. Mayor Cresenzi stated that at our last Board meeting we had a representative from Nita Lowey's Office and since then, Administrator Russo has had a meeting with Nita Lowey's staff. Administrator Russo stated that they physically went out to the site and we xeroxed every document that we have on file for them. Today I got a call from her but I missed her call so I will be following up on that tomorrow. I had told her that we should have a meeting with the proper authorities of the Environmental Protection Agency at the very least, we were hoping that she could contact those proper authorities. Trustee Pellino questioned if the Environmental Protection Agency is also ignoring us on paying for the leaves. 27 0ra9 January 26, 1993 Administrator Russo replied no and added that they paid the contractor directly. Trustee Pellino stated that all members of the Board should have received a packet from the Zoning Code Update Committee and added that they would appreciate any comments that the Board members have within the next couple of weeks so that we can begin scheduling Public Hearings on these matters. Hopefully we can discuss this at the February Agenda Meeting. Trustee Zuckerman questioned where the process on these proposed laws are and if they are still subject to revision. Trustee Pellino stated that they are subject to revision throughout the Public Hearing process if someone brings up any point, whether they are from the Board or the Public. Any of these changes should be capable of being altered. Attorney Powell stated that these would be recommendations to the Board of Trustees so it would be within the Board of Trustees perrogatives to change the law how it sees fit even before putting it into Public Hearing. Trustee Pellino stated that these represent seven areas within current Zoning Code which include the Planned Unit Development (PUD) Law, a new Sign law to replace the current one, a new Swimming Pool law to replace the current one, Walls and Fences, Junked Cars, Commercial Vehicles and R.V. Is and Boats. Trustee Zuckerman questioned if it would be possible to start to schedule Public Hearings on this commencing with the February meeting. Trustee Solomon questioned if there is any kind of order. Trustee Pellino stated that they are preparing a priority list. Among our pri-orities are the PUD provisions, the sign law, Commercial Vehicle law and then the remaining ones to follow. Mayor Cresenzi suggested that all members of the Board read these and get our comments back to Trustee Pellino as soon as possible so we can start to schedule Public Hearings. Trustee Zuckerman stated that we must make sure that we give this to the public for comment a substantial time prior to the Hearings. Mayor Cresenzi stated that normally when we notice a Public Hearing, it states that anyone interested may obtain information at the Village Office. He also added that he agrees with making the Environmental Protection Agency information available to the public. 28 January 26, 1993 0GC'J'2: NEXT MEETING DATES FEBRUARY 91 1993 - AGENDA MEETING FEBRUARY 16, 1993 - GRIEVANCE DAY FEBRUARY 23, 1993 - REGULAR MEETING ADJOURNMENT Mayor Cresenzi adjourned the Meeting at 7 : 00 p.m. Respectfully Submitted, Elizabeth Bottali Secretary to Village Board I 29