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HomeMy WebLinkAbout1993-02-09 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING FEBRUARY 9, 1993 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION "SOLUTIONS 1. SETTING VOTER REGISTRATION DAY ,SATURDAY, MARCH 6, 1993 12 :00 P.M. - 5: 00 P.M. 2 . PERSONNEL MATTER 3 . APPOINTMENT OF RECREATION ATTENDANT 4 . AWARDING CONTRACT #9207 DUMP TRUCK 5. CHECK REGISTER APPROVAL OF MINUTES 6. OCTOBER 13, 1992 7. OCTOBER 27, 1992 8. NOVEMBER 10, 1992 9. NOVEMBER 24 , 1992 10. DECEMBER 29, 1992 I i ITEMS FOR FEBRUARY 23, 1993 PUBLIC HEARING 1. 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 WRITTEN COMMUNICATION 2 . WILLIAM J. WALSH JR. , CHAIRMAN WESTCHESTER TRIATHALON RE: TRIATHALON 1993 3 . TONI COX-BURNS, PRESIDENT BOARD OF TRUSTEES WHITE PLAINS PUBLIC LIBRARY RE: WESTCHESTER LIBRARY SYSTEM DISCUSSION 4. DOLPH ROTFELD, P.E. DOLPH ROTFELD ENGINEERING RE: RYE HILLS SEWER/DRAINAGE PROJECT I GRIEVANCE DAY WILL BE HELD ON TUESDAY, FEBRUARY 16, 1993 6: 00 P.M. - 10: 00 P.M. it 0043)J 0 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK FEBRUARY 9, 1993 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 Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Trustee Michele R. Daly was not in attendance at this meeting. Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Asst to Village Administrator Rocco V. Circosta, Director of Public Works Robert J. Santoro, Chief of Police Kenneth E. Powell, Village Attorney Joseph Cortese, Village Treasurer Elizabeth Bottali, Secretary to Village Board February 9, 1993 (�gggg�� 0 0 J . .1 RESOLUTIONS 1. SETTING VOTER REGISTRATION DAY SATURDAY, MARCH 6, 1993/12: 00 P.M. - 5: 00 P.M. I On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION SETTING VOTER REGISTRATION DAY VILLAGE OF RYE BROOK ELECTION SATURDAY, MARCH 6, 1993 WHEREAS, pursuant to Section 15-118, Sub. 3 of the Election Law of the State of New York, the Board of Trustees is required to designate the hours for the Registration of Voters; the date of Registration being fixed by the law as the 10th day preceding the Election, (March 6, 1993) NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 15-118 (Sub. 10) of the Election Law of the State of New York, the locations where the Registration of voters is normally held shall be consolidated into a single place, to wit: RYE BROOK VILLAGE OFFICE, 90 SOUTH RIDGE STREET ;and be it FURTHER RESOLVED, that a single Board of Elections shall be used for taking the Registration for each Election District; and be it FURTHER RESOLVED, that the Village Clerk is hereby authorized to appoint an Election Inspector and a Clerical Assistant, who shall also act as an Alternate Inspector if necessary, to serve on Registration Day; and be it FURTHER RESOLVED, that if said Inspector of Election of Clerical Assistant is unable to serve on Registration Day, the Village Clerk is authorized to appoint an Alternate Inspector; and be it FURTHER RESOLVED, that the Inspector of Election shall prepare a register for such Village Election in the manner provided by law and shall meet on the 10th day preceding the coming annual Village Election, to wit: Saturday, March 6, 1993 at the Village Office, 90 South Ridge Street, between the hours of 12 : 00 Noon and 5: 00 p.m. on that day, for the purpose of completing said register of the Village; and be it FURTHER RESOLVED, that 'the Village Clerk shall furnish, at the Village's expense, the necessary blank books in connection with such Registration and Election; and it is 2 February 9, 1993 000-33, FURTHER RESOLVED, that the Inspector of Election and Clerical Assistant shall each receive the sum of Eight ($8) Dollars per hour as their compensation. By Order of the Board of Trustees Village of Rye Brook, New York Salvatore M. Cresenzi, Mayor Christopher J. Russo, Village Clerk Mayor Cresenzi pointed out that persons who register on March 6th should also register with the County Board of Elections because personal registration is only good for one year only and only for the March 16, 1993 Election. Trustee Zuckerman questioned if this information would be on the Village's Government Access Channel. Administrator Russo replied yes. Trustee Pellino stated that we should have County Voter Registration forms available on March 6th because there has been some confusion among the public in the past regarding the permanency of their registration for the Village Election. Ms. Demarco, Assistant to the Village Administrator stated that we encourage people to register with the County Board of Elections to get on a permanent registry of voters and that we will have registration forms available on the 6th of March. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT 2. PERSONNEL MATTER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION PERSONNEL MATTERS RESOLVED, that the annual salary for the Position of Senior Recreation Attendant be $38, 100 effective February 11, 1993; and be it I FURTHER RESOLVED, that the annual salary for the position of First Deputy Treasurer be $34 ,436 @ff@etive February 11, 19931 and be it 3 February 9, 1993 004G3d FURTHER RESOLVED, that the following Budget Modifications are hereby approved: FROM: TO: 1990.424. . . . . $1,800 7140. 140. . . . . . $1,000 1325. 120. . . . : .$800 Administrator Russo explained that this modification is for a $1, 000. 00 pay increase to the Senior Recreation Attendant and an $800. 00 increase to the First Deputy Village Treasurer. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT 3. APPOINTMENT OF RECREATION ATTENDANT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION APPOINTMENT OF RECREATION ATTENDANT RESOLVED, that Paul Vinci of 44 Poplar Street, Port Chester, New York, be hereby appointed to the probationary position of Recreation Attendant at a starting salary of $27,000 with the Village of Rye Brook; and be it FURTHER RESOLVED, that the probationary period for the position shall be six months effective on the commencement date of February 11, 1993. Mayor Cresenzi explained that Paul will be filling the position of Frank Errigo Sr. Trustee Solomon stated that Paul Vinci is a very hard worker and has been filling this spot for us for quite some time now and this resolution is just to formally appoint him to a position that he has already been doing. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT 4 February 9, 1993 ��qq�{4'+.° '+ 4. AWARDING CONTRACT #9207 DUMP TRUCK On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION AWARDING CONTRACT #9207 (1) 5-7 CUBIC YARD DUMP TRUCK WITH PLOW WHEREAS, a public notice for Contract #9207 entitled (1) 5-7 cubic yard Dump Truck was duly advertised; and WHEREAS, proposals were distributed to seven vendors; and WHEREAS, on November 18, 1992 four bids were publicly opened and read; and WHEREAS, the Director of Public Works has reviewed all of the documents submitted and submitted his recommendation to the Village Administrator. NOW, THEREFORE, BE IT RESOLVED, that Gabrielli Ford Truck Sales of Bronx, NY is the lowest responsible bidder and is hereby awarded Contract #9207 for the furnishing and delivering of one 5-7 cubic yard Dump Truck with Plow at the bid price of $63 ,499. 00; and be it FURTHER RESOLVED, that the Village Administrator is hereby authorized to enter into said contract with Gabrielli Ford Truck Sales for purchase of said vehicle. Trustee Pellino questioned if this truck will also include a hitching device to pull the sander. Mr. Circosta replied yes, explaining that this will be a full duty truck with an in-body sander attached and will be coming out of the Capital Account. Mr. Heller questioned why it was 5-7 yards. I Mr. Circosta replied that it has a 12 inch freeze board. Mayor Cresenzi added that both he and Mr. Circosta reviewed the specifications on this truck at length and after much discussion and the viewing of various videotapes, we feel very comfortable with this choice. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT 5 February 9, 1993 00 4 G �aS 5. CHECK REGISTER V On Motion made by Trustee Solomon, 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: #5975-6025 Payroll Checks: #9070-9178 Environmental: #370-372 Recreational Trust: NONE Capital: #2002-2004 Manual Checks: #10087-10089 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above- mentioned claims and authorizes payment thereof. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT APPROVAL OF MINU'T'ES 6. OCTOBER 13 , 1992 7. OCTOBER 27, 1992 8. NOVEMBER 10, 1992 9. NOVEMBER 24, 1992 10. DECEMBER 29, 1992 Trustee Zuckerman stated that he had a few questions relating to the minutes of October 13 , 1992 pertaining to the T-Shirts for the Recreation Department. He questioned if that contract turned out to be satisfactory in all respects. Administrator Russo replied yes, and explained that it was resolved. 6 February 9, 1993 0043 3 Trustee Pellino questioned if we sent a memo to the Traffic Commission regarding the re-design of the Hutchinson River Parkway. Administrator Russo stated that this was communicated to them through the Office of Frederick P. Clark & Associates. We have also received a letter from Mike Galante which will be forwarded to the Traffic Commission. Trustee Zuckerman stated that sometimes it is beneficial that we are unable to approve these minutes until a later date because we re-read them and see issues that have not been dealt with. He questioned if we communicated with Harrison regarding changing the speed limit on their side of Anderson Hill Road. Mr. Circosta stated that he spoke to a gentleman from Westchester County who said that he had already been contacted by Harrison. Trustee Pellino suggested that we follow-up on this matter and report back to the Board. Trustee Zuckerman questioned when the "House Numbering Law" was going to be brought up for re-codification. Administrator Russo stated that we filed this law with the State and we are awaiting for an official notice of receipt. Trustee Zuckerman questioned if there is any more information on the Traffic Study with Blind Brook High School. Mayor Cresenzi stated that he was told by the Blind Brook School District, that they could not include the forty thousand dollars in their new budget. It must be approved by a separate bond referendum, or as part of a larger bond referendum. We do not yet know which route they are going to take and are awaiting a response from them. Administrator Russo stated that Frederick P. Clark's office is looking into whether or not the environmental process can be done jointly and file one set of forms with the State Education Department. If they are going to do this, they should speak to us. Administrator Russo stated that he would contact Bruno Ponterio tomorrow. Trustee Zuckerman questioned if it would be possible to have a list of all of the inter-municipal agreements Rye Brook is party to. Administrator Russo replied that he would see to it. Trustee Solomon stated that he was informed that Rye Brook and Port Chester would not be having a joint camp this year. He suggested that this be discussed at the Mayoral level rather than on an Administrative level. Mayor Cresenzi stated that he agreed with Trustee Solomon that this issue be discussed on a Mayoral level, however, any discussions must come after March. 7 00453 , February 9, 1993 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the Minutes of October 13, 1992, October 27, 1992, November 10, 1992, November 24, 1992 and December 29, 1992 were approved as amended. TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT ITEMS FOR FEBRUARY 23, 1993 PUBLIC HEARING 1. 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 WRITTEN COMMUNICATION 2 . WILLIAM J. WALSH JR. , CHAIRMAN WESTCHESTER TRIATHALON RE: TRIATHALON 1993 3 . TONI COX-BURNS, PRESIDENT BOARD OF TRUSTEES WHITE PLAINS PUBLIC LIBRARY RE: WESTCHESTER LIBRARY SYSTEM DISCUSSION 4 . DOLPH ROTFELD, P.E. DOLPH ROTFELD ENGINEERING RE: RYE HILLS SEWER/DRAINAGE PROJECT Administrator Russo added that Mr. Rotfeld would be discussing the Loch Lane area as well and that the Board would be approving the Water Purchase Agreements. Trustee Zuckerman questioned if we could also discuss the Liaison Committees. Mayor Cresenzi replied that it would not be a problem and added that Grievance Day will be held on Tuesday, February 16, 1993 between the hours of 6: 00 P.M. - 10:00 P.M. 8 February 9, 1993 Mr. Harris stated that in reference to the White Plains Library, the City of White Plains has a population of 49, 000. It swells in the daytime from shoppers and workers to 250, 000 which may explain why the White Plains Library has made that decision. Mr. Heller questioned if Local Law #2-1993 that is being proposed is a general exception to the whole area or only for this specific area. He also questioned if this has something to do with the application that is currently before the Planning Board from the Larizza & Capocci Construction Corp. Mayor Cresenzi replied that this Law will pertain to certain areas which much meet the criteria and will allow the current application, as well as other applications There aren't more than three or four municipalities in Westchester County that have legislation to deal with this issue. Attorney Powell pointed out that the legislation is not confined to that particular project. It is legislation which is general in nature, and not project or site specific. Mrs. Chatman questioned if this Senior Citizen Development will fit in with the current neighborhood. Mayor Cresenzi stated that it fits in, but we are not reacting to them, we are entirely pro-active in this and are trying to provide a need that is out there in the community. Trustee Pellino stated that last Thursday, the Zoning Code met and came to the conclusion upon reviewing our wetlands areas within the Village that we have no specific ordinance pertaining to wetlands that is comprehensive for the Village of Rye Brook. Therefore, we are recommending that the Village of Rye Brook begin measures now to write and adopt a wetlands ordinance. We also recommend that we turn the subject of a wetlands ordinance over to our Environmental Committee as the first step toward obtaining their advice and input. He added that he will be able to meet with the members of that committee and give them the information that they do not currently have. The Zoning Code Update Committee, to date, has not received any comments from the Village Board regarding the package of law changes turned over to this Board a few weeks ago, Trustee Pellino stated. He added that he had hoped to have something prepared for the February 23, 1993 meeting, or to at least announce public hearing dates for March on those Zoning Code changes. If the Board has no comments, we should begin the Public Hearing process with the PUD ordinance. Mayor Cresenzi stated that we could start at the March regular meeting, so it can be on the Government Access Channel. Trustee Pellino stated that he would then like to work with Administrator Russo and Mayor Cresenzi in scheduling the remainder of the public hearings for the next several months. The PUD, Sign Law and Commercial Vehicles, are really the most important. Trustee Zuckerman agreed that we should definitely schedule these meetings as soon as possible. 9 004633 February 9, 1993 Mayor Cresenzi explained that you must have the ability to close a Public Hearing before you open another one. Trustee Solomon asked Ms. Demarco for a brief update on what is happening with the Anthony J. Posillipo Community Center. Ms. Demarco explained that we are in the process of signing a contract for the Asbestos Abatement at the Anthony J. Posillipo Community Center. The abatement project is planned for the 16th and 19th of this month. Once the asbestos is removed, we will demolish the building. Presently, we are getting prices for the demolition of the building and anticipate the demolition to take place the first or second week of March. Trustee Solomon questioned if we ever received a report from the Office Search Committee. Administrator Russo replied that we never had a formal report from them, however all of their information was turned over to the Facilities Committee. Trustee Zuckerman questioned if the Office Search Committee has been released from their duties. Administrator Russo replied that they may have a Sunshine clause regarding when they are to disband and would look into this for the next Board Meeting. Trustee Solomon questioned if we are ready to adopt the rules and regulations for the Police Department. i Chief Santoro stated that he has a rough draft, which was submitted for review. Trustee Solomon questioned if they have been distributed to the Board of Trustees. Mayor Cresenzi replied no, and added that we are still discussing the format of the rules and regulations. Trustee Solomon stated that we should refer certain issues to the Legal Committee such as the issue of the lights, changing of the landing patterns, curfew and other Airport issues to see if we have any legal standing when it comes to our policy on the Airport. Mayor Cresenzi stated that those issues are not really long range planning matters, but more of a matter of immediate concern. The Village Attorney should really be the one to review this and give us advice regarding the Noise Ordinance or seeing if we could hook up with various other communities that may be interested in sharing that expense. Mrs. Chatman stated that she attended an Airport Meeting last month and Richard Castle from the NRDC was present. They are beginning to worry about the end of the stipulation which comes along pretty soon. There are so many people in other areas of Westchester County that don't care. 10 February 9, 1993 00464+0 Mayor Cresenzi stated that during the referendum battle, everything that we pointed out, fell on deaf ears. He added that Port Chester lives close by and they voted in favor of the referendum. Trustee Zuckerman stated that there is a lot that can be done, some of it is political, to elect to office people who are not as committed to the airport as some of the people that are currently in office. Others are legal and they are looking into the curfew problem. There are some legal issues that we might look into. One of the things that we could do to make a bad situation more palatable would be to see that the leases of the parking garage are entered into in a way that may more favorably impact our tax base in terms of assessibles. The NRDC can attack the problem from a couple of different ways and in terms of getting a noise pollution or curfew situation resolved, that is probably the best hope that we have at this point, outside of politics and seeing if the terminal can be decreased in terms of number of passengers. The cap is 240 people per half hour and currently there is only an average of 66 per half hour that use it so the cap really means nothing. If the cap is taken off today, it would be totally irrelevant based on the current usage. In the future, it might go up to a much larger amount and if the cap is 240, we must keep it down to 160 or 120. There are a lot of issues involved. Mr. Harris stated that Mr. Castle of NRDC promised that he would make Westchester County a test case and we should remind him of the promise that he made in this room that night. Trustee Pellino stated that each Board Member received a letter from Sal Celona to the Town Tax Assessor regarding the implementation of Water District #4 . Also a copy of Bill Wendlandt's reply. The letter stated that there is a chance that we may be looking at 1994 as the time when Water District #4 is funded. A year and a half ago, we were talking about having it funded and in operation in January 1993 and then in November, when the preliminary County Budget came out we discovered that there was only partial funding, which we would not receive until July of 1993 and now they are saying that unless the district is recorded on the tax rolls as of June of 1993, they won't be able to start collecting in 1994 . Administrator Russo explained that it was a miscalculation because the County thought that they were going to take the tax rolls of Rye Town and Rye City and put them together and then they would have the district lines easily, but they could not do that because it is not all of the City of Rye that is in the taxing district or all of the Town of Rye that is in the taxing district so it presented a few problems. in terms of getting the assessors in those jurisdictions to do the work to create the actual district assessment roll for District #4 . The County stated that they are aware of their miscalculation and whatever legal assistance that is needed in working this problem out, they will assist with whatever means that they have available to them. Trustee Pellino directed Administrator Russo to get a copy of this correspondence to County Legislator Martin Rogowsky, who is very concerned about this. 11 Mr. Heller questioned if this Water District is going to bek °J the Sewer District whereby if you don't get service, you still have to pay the water tax. Administrator Russo replied yes. Mr. Heller stated that he doesn't get reimbursed for his costs as he is providing his own sewer and water services. This is taxation without representation and taxation without services. Mr. Heller also questioned the progress with the shopping center that is to be built by Merritt & Holby and what will be done with the basement area. Mayor Cresenzi stated that currently, it is vacant land. Mr. Circosta stated that they have filed all of their permits and it is a matter of weeks before the permit is issued. Mayor Cresenzi stated that he has permission for the original building that the Public Hearing was held about. As for the basement area, that is not an issue right now. Mr. Heller questioned if he is allowed to develop the basement area. He further stated that each time Merritt & Holby comes before the Board, they cry and get whatever they want. Mayor Cresenzi stated that it would require a Public Hearing 'i process. Trustee Pellino stated that they are free to apply as any homeowner in the Village is. Administrator Russo stated that the access connection, the parking and the Movie Theatre are on hold. Trustee Zuckerman stated that we approved the 200 South Ridge Street project with the direction in the resolution that he come back within a certain time to do the access road. If he doesn't come back with the access then we will have a problem issuing those permits. Mayor Cresenzi stated that he has the approval, we asked for the internal road distribution and he was supposed to appear back in front of this Board with that information. The access was basically approved, but we haven't seen any physical drawings as to how and why it would be built. Mr. Harris questioned when he would hear something about his concerns over the Meadowlark Park issue. Administrator Russo stated that we are still looking for an existing survey, if it exists, but we need to check this out as thoroughly as we can before we talk about having a new one done. 12 February 9, 1993 Mr. Harris questioned if this could be addressed at the February 23, 1993 regular meeting. Administrator Russo stated that there are two things that we can do, look at the information in terms of piping or fencing off to deal with the Brook issue and then if we don't come up with •a survey of the property, we can get cost estimates and show you what it will take to survey the property. AD.TOUItNMENT Mayor Cresenzi adjourned the Meeting at 9 : 10 p.m. Respectfully Submitted, Elizabeth Bottali Secretary to the Village Board 13