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HomeMy WebLinkAbout1993-02-25 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING FEBRUARY 23, 1993 8:00 P.M. I PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. LOCAL LAW #2 OF 1993 ADDING A NEW SECTION 66-36 TO THE ZONING CODE OF THE VILLAGE OF RYE BROOI{ TO PROVIDE FOR A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT REPORT 2. DOLPH ROTFELD, P.E. DOLPH ROTFELD ENGINEERING RE: RYE HILLS SEWER/DRAINAGE PROJECT RESOLUTIONS 3. RE-APPOINTING AUXILIARY POLICE 4. AUTHORIZING MAYOR TO ENTER INTO WATER PURCHASE AGREEMENT WITH CITY OF NEW YORK AND NEW YORK AMERICAN WATER COMPANY 5. APPROVING FEE INCREASES-RECREATION PROGRAMS 6. BUDGET MODIFICATION - POLICE DEPARTMENT 7. AUTHORIZING AGREEMENT FOR ASBESTOS ABATEMENT ANTHONY J. POSILLIPO COMMUNITY CENTER 8. SUPPORTING AN EXTENSION OF THE 1991 PROPERTY TAX STABILIZATION RELIEF ACT 9, DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 16, 1993 10. CHECK REGISTER APPROVAL OF MINUTES 11. DECEMBER 15, 1992 DISCUSSION 12. LIAISON COMMITTEES WRITTEN COMMUNICATION 13. TONI COX-BURNS, PRESIDENT BOARD OF TRUSTEES WHITE PLAINS PUBLIC LIBRARY RE: WESTCHESTER LIBRARY SYSTEM 14. WILLIAM J. WALSH JR., CHAIRMAN WESTCHESTER TRIATHALON RE: TRIATHALON 1993 15. ARNOLD & ANNABELLE GAM$ON DAVID BROMBERG & CARYN FURST BROMBERG RE: COMMON CURB CUT 16. DAVID BROMBERG & CARYN FURST BROMBERG RE: TREES NEXT MEETING DATES AGENDA MEETING - TUESDAY, MARCH 9, 1993 - 8:00 P.M. REGULAR MEETING - TUESDAY, MARCH 23, 1993 - 8:00 P.M. TUESDAY, MARCH 16, 1993 IS ELECTION DAY!!! PERSONAL REGISTRATION DAY SATURDAY, MARCH 6, 1993 12:00 P.M. - 5:00 P.M. VILLAGE HALL 90 SOUTH RIDGE STREET, RYE BROOK O A ti MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK FEBRUARY 239 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 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, Ass't to Village Administrator Rocco V. Cit osta Director of Public Works Robert J. Santoro, Chief of Police Kenneth E. Powell, Village Attorney Elizabeth Bottali, Secretary to Village Board Dolph Rotfeld, P.E. Dolph Rotfeld Engineering Village Treasurer, Joseph Cortese was not in attendance at this meeting. UQ4`A 4. February 23, 1993 Mayor Cresenzi directed Rocco Circosta, Director of Public Works to express a thank you to the men on the Highway Department, for a job well done. They have worked many hours over the last few weeks on snow removal and sanding and it was a pleasure to wake up and have the roads plowed. Mr. Circosta thanked the Mayor and stated that he would relay the message to his men. They have a small department and they really take pride in their work. REPORT 2. DOLPH ROTFELD, P.E. DOLPH ROTFELD ENGINEERING RE: RYE HILLS SEWER/DRAINAGE PROJECT LOCH LANE AREA Mr. Rotfeld stated that with regard to the Rye Hills Drainage project, there have been many problems in the past on Jennifer Lane with subsurface water breaking up the pavement and a lack of an interconnected drainage system from streets such as Lee Lane, Terrace Court and onto Lincoln Avenue. We are going to run some drainage along Bell Place, Wilton Road and Jennifer Lane and put curtain drains crossing over with catch basins at the intersections. There are some possible problems further North which we are going to look at as well. The drainage which was built going to the North was done under the EDA Grant back in the early seventies and this is going to be connected in that direction. We are also going to be picking up on Lincoln Avenue because the fourth or fifth house in has a drainage pocket that has been created from some of the drainage running overland coming down so we are going to pipe that out and bring it into this drainage system.. One of the other things that we are going to be looking at in the designing process is the feasibility of installing curbing along some of the streets to prevent the overland flow onto the residents properties from drainage. For example, some of the streets that are rather steep are now pitched in such a manner that water will not go around the curb, but will run across the street and potentially wash out someone's driveway so what we are going to do is curb that and bring the water into catch basins. We have also looked at the possibilities, prior to Mr. Circosta's repaving, to install curbing along all of the streets, which should be considered during the budget process. Essentially, the basic overall resurfacing of a little over 55,000 feet of street would require about 11,000 feet of curbing for the drainage line, we are looking at a construction project of about $415,000. If you included all of the curbing, the curbing alone would be in the range of$165,000, the drainage work is about $125,000 and the remainder would be in the resurfacing of the street. There are two places where new drainlines would have to be done, which should take care of all of the drainage problems that Rocco has found. Trustee Pellino questioned how long this would take in terms of laying and piping. Mr. Rotfeld stated that the intent would be to finish the design, go out to bid in April, have the bids come back in May and have construction work commence some time in May. It should take about thirty days to install the drainage and the remainder of the work would be the resurfacing which probably would be done during July or August and hopefully the project would be completed by September. 2 February 23, 1993 0 0 4 4 J Trustee Daly questioned if any of the Lincoln Avenue parcels that were recently paved, would be disturbed. Mr. Rotfeld replied No. Mayor Cresenzi questioned if there would be a way to control the water run off and not have to install the entire 11,000 feet of curbing. i Mr. Rotfeld stated that it would not be necessary to install the entire 11,000 feet of curbing from a drainage point of view because most of the areas up there have a high side and those that are on the low side have berms that were built to prevent surface water from running on. In the area of Beacon Lane and Jennifer Lane, there is a possibility of overland flow and the third house from the corner needs a curb built to direct the water to the catch basin that is on the west side of Beacon Lane. There is the same situation at the dead end of Terrace Court and Maple Court, where an open brook runs down through there so you may want to curb that to prevent water from flooding the homes. We could probably get away with less than 1,000 feet of curbing to satisfy the drainage purposes. Administrator Russo stated that the cost estimate was based on the entire 11,000 curbing. Mr. Rotfeld stated that if we just curb in certain areas, it would cost $20,000 at the most, rather than $165,000. Trustee Zuckerman questioned if the resurfacing part of the project was already figured into our road resurfacing contract. Administrator Russo replied No, and stated that this would be bid as one complete project. Trustee Pellino questioned if this drainage problem has existed since the construction of the Rye Hills Development, which took place around 1950 or if it occurred later on when the roads were finally installed. Mr. Rotfeld stated that he is not really positive, but they did two testwells, one below Lee Lane and one opposite Terrace Court. For the past few months, water continuously seeps out of that area because there are substantial hills all the way across which drain down in this direction. There are layers of pervious soil and then clay will follow along that and break up. Also, the underline base on these roads were stone, oil, penetration and chip and then blacktop on top of that. The ground layer acts as a drain and when it is saturated and can't percolate down, it comes up, freezes, and breaks the pavement. If you don't install drainage and just overlay that pavement it will only crack in a few years. Mr. Heller suggested that the Village take a look at #3 Lincoln Avenue, where large quantities of water come off and flood the backyard. He suggested that #32 Lincoln Avenue be looked into as well. 3 February 23, 1993 0 4 O Mr. Rotfeld stated that at various locations in that area specifically at eight points on Jennifer Lane we are going to be installing curtain drains across the road. The storm drain lines themselves, will surround the pipe to at least a foot above it. Where the pipes come into the catch basins, there will be perforations in the basins for the water to get into the catch basins and the pipes going out will be at least one diameter lower so that this will always be able to bleed in and remain dry. We will use the outside of the pipe as a curtain drain. Mayor Cresenzi directed Mr. Rotfeld to speak about the Loch Lane Drainage. Mr. Rotfeld stated that this issues goes back to the 1970's. Supervisor Posillipo wanted to have drainage work done and the area residents did not wish to participate at that particular time because they did not want to have their properties dug up for piping. A year ago, we were asked to see what the drainage problems were on Loch Lane and we found that the center of the land of the seven property owners that were effected, the lowest point of the property is generally half way between the house and the rear property line. The upper four properties starting with the Ule, Blattner, Azenna and Evans would need a series of drainage basins built to take care of that run off which is generated within the backyard area starting with the house behind King Street. Secondly, there is an existing brook that runs along the property line between them and the Lord property and it has filtered in and during periods of large run off, heavy rain will flow over top. When it does, some of the drainage runs down into these properties as they are lower than that particular brook. The brook itself, comes down into the Loch Lane properties and then there is a series of underground, drains that partially have been disturbed. We came up with four potential solutions to this drainage problem. One solution would be a series of underground drainpipes, second, a completely piped system, third, a series of open stone riprap channels and the fourth being a combination of twin drain lines and a closed pipe system. The costs varied from forty thousand dollars to seventy thousand dollars for the different alternatives. We contacted the nine property owners in the area and we discussed having them share in the cost of the fifty five thousand dollars by way of a five or ten year bond issue with assessment against the properties and they were not interested because they did not want to contribute any money toward it. Mayor Cresenzi requested that Mr. Rotfeld address the primary cause of the drainage problem, which is the Lord Property and the fact that he filled in a pond. Mr. Rotfeld stated that there is a low area that sits on the Lord property which really wasn't a pond, but just a low line area that collected a certain amount of water and then ran off and came down into the channel that existed behind those houses before it went to the end pond. A great amount of that water comes from King Street and goes into the stream that runs beyond Hillandale Road. It also drains King Street and the Magnolia Drive Subdivision and runs down through the stream. The largest problem that we could see was there was no place for the water to go until it gets down to Numme's house. Most of the problem that you see is in the rearyards and is caused by direct drainage that falls on the properties. There is a high point at the property line and a high point at the house. The low point is in the middle of the property. There is an overflow that flows over the back of the little stream and runs down into the rear yard so when you deepen that stream and clean it out, it will contain the off site water from getting into those four yards. It will travel down to where the outlet is in that low area on the Lord property and then if it is piped or in a stone channel it will then fan into the pond and get out and that will dry up this whole area. 4 February 23, 1993 0(r 4'J 4 Trustee Zuckerman questioned if it was correct to say that the alleged dumping problem on the Lord property has very little bearing on this drainage issue. Mr. Rotfeld stated that it was a minor cause. The plans that were filed by Lord were to create a large dry well in that particular area to hold water that runs off the development of the two houses and the driveways into that retention area and then be discharged into that stream. The problem is, until that is done, you have the same situation that you had before. Trustee Zuckerman questioned if the stream is going from King Street from Right to Left. Mr. Rotfeld stated that the first 100 feet or so is a 36" pipe that comes into the property and then there is a stream that runs from East to West. There is also a small stream that runs from Hillandale Road, through the Lord property and winds up in the same stream. Trustee Zuckerman questioned if there was another stream that comes from Hillandale around to King Street. Mr. Rotfeld stated that right off the corner of King Street where Dr. Gioffre's house used to be, there is a very small stream that runs in back of those houses. If you go up King Street and turn left onto Hillandale Road, the stream starts there and it comes down and it runs in back of the houses on King Street through the Messina's property and then goes into the pipe at Messina's property, and comes along King Street. The catch basin along King Street ties into it and it discharges at that point. Mr. Heller stated that we have a wetland area and a very high water table and we need to see if fill is cheaper than drains, but this is constantly going to be a wet area and is almost impossible to dry out. We may even have subterranean sea pitch, which is something to think about, unless you line the stream bed so you don't get leakage. Mr. Rotfeld stated that we could not line it. The problem that they have experienced has been water from rain and have not complained about any situation at other times of the year. Once Mr. Lord develops and puts his driveway in, it will intercept surface water and bring it into the stream and we should be able to get enough pitch to carry that water off. These drains will then pick up the surface water. Eugene Strum questioned if Mr. Rotfeld could update the Board on the proposal for the Messina property subdivision and what effect it might have on this particular area. Mr. Rotfeld explained that the development would require the installation of a large sub-surface retention area to decrease the rate of water and Mr. Messina has stated to the Planning Board that he would be willing to contribute to help alleviate this particular problem. Four years ago, when he first appeared before the Planning Board, he was willing to make a cash contribution at the time to help alleviate the problem and that still stands. Trustee Pellino stated that in view-of the fact that this is really a private property problem, the Board did meet with the residents and presented those four plans and as of last year the residents did decline the Village's invitation to solve it via the bonding method. 5 February 23, 1993 004546 Trustee Solomon stated that in light of what is happening on the Messina property, we might want to bring them back in. Trustee Zuckerman questioned if we, as the Village, have the power to create a special taxing district for this purpose. Attorney Powell stated that Towns have the power, but he would have to research whether or not Villages' had that power. The Board thanked Mr. Rotfeld for his report. 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 Mayor Cresenzi convened the Public Hearing at 8:40 p.m. Attorney Powell explained that the draft Local Law was prepared after the Village received a site plan application for a piece of property at the corner of Westchester Avenue and Bowman Avenue, which is proposed to be developed as Senior Citizen Housing. The plan was referred to the Planning Board and one of the first issues that was identified was that the district was an R213 District and in order to accommodate this type of project, there would have to be a zoning adjustment made to enable the project to be built. Mayor Cresenzi asked Attorney Powell to summarize the sections of the proposed Local Law. Attorney Powell explained that the draft law, if adopted in the discretion of the Village, would accommodate not only this site plan, but would establish a policy for the Village applicable to the entire district for the development of senior citizen housing. The Planning Board has reviewed it in detail and there has been a memorandum presented by Frederick P. Clark & Associates which summarizes some of the issues that were identified by members of the Planning Board. The Local Law provides for a special exception use permit which is not solely related to this particular site but the Local Law will be drafted with the idea to accommodate the plan that is currently in front of the Village. The law requires that the sites would require a 150 foot frontage on a major collective road, shall only be located in an R217 District and have a lot area of at least 18,000 square feet and a site plan would have to be provided to the Village accompanying a special exception use permit application. The density shall be one dwelling unit per 1,300 square feet and no site would be permitted to have more than 15 units. The building coverage shall not exceed 30% of the total site and the site coverage shall not exceed 60% of the total site. 6 February 23, 1993 A J Attorney Powell stated that in order to avoid clustering of these projects in any one senior citizen housing development it shall not be located closer than 1,000 feet from any other senior citizens housing development and no more than 1,000 feet from a C1P, C1 or OBS zoning district as the Seniors would need ready access to a retail area. The design must be compatible with the surrounding area and exterior lighting should not interfere with adjoining land owners. It should be built with consideration to the special needs of senior citizens. The draft also provides for 1 1/z parking spaces for each dwelling unit which in discretion of the Board of Trustees could be accommodated off site if it was available. The occupancy of the unit would be restricted to senior citizens 62 years of age or older and it would be for a principle residence, not seasonal use. The owner of the project would be required to comply with the Federal Fair Housing Act which was amended to provide that families of familiar status (defined as having children under the age of 18 years) should not be discriminated against. All dwelling units must be rental units not owned and cannot be sublet or assigned. The person who received the lease would have to be capable of independent living (a person who ought to be in a Nursing Home could not reside there unless they were capable of independent living.) The lease and renewals would be for two years only with a right to renew, provided that the person remains eligible and has complied with the terms of the lease. The owner, or authorized manager will be responsible for selecting tenants and maintaining a waiting list which would be separate for affordable units. The Village would not directly participate in this, only regulate it. The draft has a series of priorities in terms of selection of tenants which include residents of the Village of Rye Brook, relatives of the Village of Rye Brook (immediate family), persons employed in Rye Brook, residents of the Town of Rye, residents of Westchester County and persons employed in Westchester County. There will also be notices to the Village. There would be a monitoring of the project and the Building Inspector would have the right to inspect all relevant books and records. The draft has a provision requiring that 25% of the dwelling units will be affordable which in this project, would translate into 4 units. These units would require that the senior have a gross household income equal or less than 80 % of the median gross household income as defined by Section 8 and the rentals would be established so as not to exceed 30% of the gross household income by household size, as defined by Section 8. The individual becomes ineligible after occupancy, the tenant may remain in the unit, but the unit will lose it's affordability status at the next renewal and the next unit available for new occupancy would then become the affordable unit. The-draft also provides for a $250 fine for each offense or by imprisonment not exceeding 30 days or by both fine and imprisonment. As an additional protection, it is required that a covenant be executed to run with the land and to provide that the owner would comply with the terms of the Local Law. There are many policy issues involved in this and the Board may come to different conclusion on the issues as this is only a draft law. The Frederick P. Clark & Associates memo is a good outline of some of the policy issues that may come up as you review it. Several of the Planning Board members wondered whether the zoning area for dwelling such as these ought to be expanded to other districts such as OB2, OBS, Cl-P, Cl, RAI and Hl. The Planning Board thought that it was something to be considered whether or not the minimum lot size was appropriate, but that was not an overall consensus. The frontage requirement was thought to be a little too much at 300 feet. An issue was raised whether or not the density requirement was appropriate, whether the 15 dwelling units was an appropriate number, whether the separation distance was appropriate, whether the parking spaces were appropriate and whether there ought to be ownership of the units. Attorney Powell added that these are all policy issues which need to be addressed by the Board. Also there was a question as to whether the affordability standard which was set forth in the draft is really an appropriate one. 7 0 C! 2 t� February 23, 1993 Mayor Cresenzi stated that this was a Public Hearing to get input from all interested persons. A vote will not be taken this evening, we are just going to discuss the draft law that is in front of us. We will then adjourn this Public Hearing until our March 23, 1993 Board Meeting to give the Board members and public a sufficient amount of time to deal with various concerns. Housing for Seniors and helping Senior Citizens who have given the community so much is a top priority of every member on this Village Board as it is in many communities throughout Westchester County. We have a responsibility to address this matter and move as quickly as possible within a reasonable length of time. Trustee Zuckerman stated that he agreed with Mayor Cresenzi and pointed out that Lori Ann DeMarco, who is the Ass't to the Village Administrator and our Senior Citizen Coordinator, provided him with Census Data on Seniors who live in this Village and it was determined that 115 of our Village is made up of Senior Citizens, which indicates that there is a need for this type of housing in Rye Brook. In the affordability section of this law, there is no mention as to how it is made affordable. Trustee Zuckerman questioned if the theory behind it is that the developer will raise the rents accordingly to make other units less affordable or that the Village will avail itself of the various incentives offered by the State and the County to make the units affordable. Attorney Powell replied that the draft assumes that the affordable units will essentially be cost subsidized by the market rate units so that the owner has the ability to financially support a project of this type based upon the ability to charge market rents for those units which aren't affordable. Eugene Strum, Chairman of the Rye Brook Planning Board stated that most of the Planning Board members are in favor of the project but there has not been an official vote taken yet. Trustee Pellino stated that we need to address the policy issues that Attorney Powell spoke of and that were in the memo from Frederick P. Clark & Associates. After doing this, perhaps the Planning Board can make it's decision. Mr. Harris questioned if there would be any tax consideration in terms of favorite status and assessment factor of rental income. Would there be an impact upon market value of the property. Mr. Heller stated that there is also a need to enable older persons to remain in their own homes. The area is close to stores, however it is also a very dangerous and busy intersection. Trustee Pellino stated that these comments are well taken, however the property must be accessible to retail, physicians, banking, churches and synagogues. We should not really limit ourselves to 1,000 feet because in the future, we may find other parcels that we may want to consider. Frontage requirement of 300 feet is excessive. The Planning Board should take another look. We should also look into the parking issue. Should we consider 14 units, 14 parking spaces. The memo mentioned 1 1/2 spaces per unit. Will there be off street parking or no off street parking permitted on Bowman Avenue or Osborne Place. 8 February 23, 1993 00465.1. Trustee Daly questioned why we are restricting ourselves to having no more than 15 dwelling units per set. Trustee Zuckerman stated that we have many questions that we need answers to. We should have a working session with the Planning Board, get their input, as well as input from all the residents. Mayor Cresenzi stated that the parking issue needs to be addressed and the section of ownership and rental should be addressed as it is very important. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman the Public Hearing will be adjourned until March 23, 1993. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY I MAYOR CRESENZI VOTING AYE I RESOLUTIONS 3. RE-APPOINTING AUXILIARY POLICE On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION RE-APPOINTING AUXILIARY POLICE OFFICERS WHEREAS, in order to promote volunteerism and to provide assistance in emergency situations, in September 1986, the Rye Brook Board of Trustees established the Office of Disaster and Emergency Services and the entity of Auxiliary Police to serve that office pursuant to the Defense Emergency Act of 1951, and the statutes of the State of New York; NOW, THEREFORE, BE IT RESOLVED, that pursuant to Article 2.10, Section 26 of the Criminal Procedure Law, this Board hereby reappoints the following individuals as Auxiliary Police Officers for the calendar year 1993; William Aughaven, Jr. 16 Mohegan Lane Tory Brainard 53 Winding Wood Road 9 February 23, 1993 004352 Mark Goldstein 604 Tompkins Avenue Apt. # C-7 Mamaroneck, NY 10543 Paul Drimmer 12 Berkley Drive FURTHER RESOLVED, that Salvatore M. Cresenzi, of 13 Holly Lane be hereby re-appointed as Deputy Local Director; and be it FURTHER RESOLVED, that Toty Brainard of 53 Winding Wood Road be hereby re-appointed as Assistant Deputy Local Director. Trustee Solomon stated that the members should reside in Rye Brook. Mayor Cresenzi explained that it is not required by the County or the State for members to live in the Village which they serve. Mayor Cresenzi also thanked the Auxiliary Police for all that they do. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE 4. AUTHORIZING MAYOR TO ENTER INTO WATER PURCHASE AGREEMENT WITH CITY OF NEW YORK AND NEW YORK AMERICAN WATER COMPANY On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION PURCHASE OF WATER FROM NEW YORK CITY WHEREAS, the Village of Rye Brook, in conjunction with the Village of Port Chester and the City of Rye (collectively "the Municipalities" desire to reduce the cost of water purchased from New York American Water Company; and WHEREAS, in an effort to reduce the cost of water, the Village of Rye Brook, previously authorized New York-American Water Company to negotiate with the City of New York for an increase in the quantity of water purchased from the City of New York and subsequently authorized Seham, Klein & Zelman to continue such negotiations; and WHEREAS,Westchester County Water District No. 4 was officially created by the Westchester County Board of Legislators in 1985, but is not yet functioning; and 10 February 23, 1993 0 0 4 j 5 J WHEREAS, New York State Department of Environmental Conservation has issued a permit for New York-American Water Company, on behalf of the Municipalities, to receive up to three million gallons a day for water from the New York City water supply system through Westchester Joint Water Works; and WHEREAS, to that end, an "Agreement by the City of Rye, Village of Port Chester and Village of Rye Brook with the City of New York for a supply of water' with an effective date of October 1, 1992, has been negotiated with the Department of Environmental Protection of the City of New York to obtain additional supplies of water, pending activation of Westchester County Water District No. 4; and I WHEREAS, an "Agreement by and between the City of Rye, Village of Port Chester, Village of Rye Brook, and New York-American Water Company" has been negotiated with New York- American Water Company for New York-American Water Company to assume, and perform the obligations of the Municipalities under the Agreement with the City of New York. NOW, THEREFORE, BE IT RESOLVED, that the Mayor, in accordance with the authority granted by this resolution, is hereby authorized to execute the "Agreement by the City of Rye, Village of Port Chester and Village of Rye Brook with the City of New York for a Supply of Water: on behalf of the Village of Rye Brook; and be it FURTHER RESOLVED, that the Mayor, in accordance with the authority granted by this resolution, is hereby authorized to execute the "Agreement by the City of Rye, Village of Port Chester and Village of Rye Brook, and New York-American Water Company" on behalf of the Village of Rye Brook. I Trustee Pellino stated that the next major step for the three municipalities is to block Connecticut American Water Company from instituting a demand charge for the two million gallons of water. Trustee Zuckerman questioned if the other municipalities have executed this agreement. Administrator Russo replied yes. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11 February 23, 1993 5. APPROVING FEE INCREASES-RECREATION PROGRAMS On Motion made by Trustee Daly., seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROVING FEE INCREASES FOR RECREATION PROGRAMS RESOLVED, that the following Recreation fees for Tennis Permits and Men's Softball be hereby increased as follows: 1992 Tennis Permits Recommended for 1993 Adult $35 Adult $50 Family $60 Family $80 Intermediate $12 Intermediate $15 Junior $ 8 Junior $10 Senior $10 Senior $20 1992 Men's Softball Recommended for 1993 $475 per team $500 per team $ 50 Refundable Forfeit Fee $ 65 Refundable Forfeit Fee Trustee Zuckerman stated that he could not vote for this increase in good conscience as there is no backup information as to the reason for the increases. Administrator Russo explained that the Superintendent of Recreation &Parks, Thomas Hroncich was unavailable to attend this meeting, however he had communicated that the increase in Tennis Permit Fees was to balance the cost of Tennis Attendants and the increase in Men's Softball Fees was due to the fact that many other municipalities charge a substantial amount more for their Men's Softball Fees. Trustee Zuckerman requested that the Recreation Commission or the Superintendent of Recreation & Parks provide the Board with a report explaining these increases in detail. Trustee Pellino stated that he agreed that the Recreation Commission and the Superintendent of Recreation & Parks should get the report that Trustee Zuckerman requested as soon as possible. Administrator Russo stated that he would see to it that a report be provided. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE 12 February 23, 1993 0 0 4 3 O 6. BUDGET MODIFICATION- POLICE DEPARTMENT On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION BUDGET MODIFICATION RESOLVED, that the following budget modification be hereby approved transferring Drug Grant Monies received from Police Fees to Capital Projects: FROM TO AMOUNT 101.2200.152 101.5000.000 $560.00 (Police Fees) (Police Equipment) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. AUTHORIZING AGREEMENT FOR ASBESTOS ABATEMENT ANTHONY J. POSILLIPO COMMUNITY CENTER Mayor Cresenzi questioned if there were any other documents available for the Board to review other than the resolution. Normally when we award a bid, we get an idea of what the bid prices were from the other vendors. Administrator Russo explained that we retained a consulting firm that specifically deals with soliciting bids and that is how we arrived at this point. Trustee Pellino questioned if this was the firm we hired a while back to do the original survey. Administrator Russo stated that this was a different firm and explained that this had to be done in three parts. First we had a firm that made us aware of that fact that we had asbestos. Then we had to use a different firm to bid this out properly and also to do the Air Monitoring & Design that is required, which had to be a different firm from the firm that actually removes the asbestos. Trustee Solomon questioned if there were supporting documents. Administrator Russo replied yes, and that he would see that the Board of Trustees receive a COPY. 13 February 23, 1993 004P)56 Rocco Circosta, Director of Public Works stated that we asked for a request for proposals versus a competitive bid since the total cost would be under the required amount. We asked four firms for proposals and we received two proposals, one for $16,400 and the other for $22,002. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION VILLAGE OF RYE BROOK AGREEMENT FOR ASBESTOS ABATEMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with MBL Environmental Specialist Inc. 72-16 88th Street, Glendale, New York, 11385 in the sum of $16,400.00 for asbestos abatement at the Anthony J. Posillipo Community Center; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution; and be it FURTHER RESOLVED, that the funds shall be appropriated from the Recreation Trust & Agency Account. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. SUPPORTING AN EXTENSION OF THE 1991 PROPERTY TAX STABILIZATION RELIEF ACT On Motion made by Trustee Pellino, seconded by Trustee Zuckerman the following resolution was hereby adopted: RESOLUTION SUPPORTING AN EXTENSION OF THE 1991 PROPERTY TAX STABILIZATION RELIEF ACT WHEREAS, the Village of Rye Brook has suffered a reduction in State revenue sharing to the point that it is almost non-existent; and WHEREAS, a partial mitigation of this source of revenue was achieved through the Westchester County Property Tax Stabilization and Relief Act (sales tax) approved by the State Legislature in July 1991; and 14 February 23, 1993 004135 i WHEREAS, said act has a "sunset provision" which will extinguish the I% sales tax increase in June, 1994 unless the Act is renewed by the New York State Legislature; and WHEREAS, the Village of Rye Brook government received approximately $450,000 per year from the Westchester County Property Tax Stabilization and Relief Act; and WHEREAS, the failure to extend this Act without restoration of State revenue sharing would cripple the Village's ability to provide needed services to it's citizens, or drastically increase our property taxes; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby requests our County and State representatives to support an extension of the 1991 Property Tax Stabilization and Relief Act. Mayor Cresenzi stated that we need to deal with an alternative to the real property tax. Trustee Solomon stated that maybe we can suggest to our legislators that either they make this permanent or give it a longer length of time. Trustee Pellino stated that he agreed, but currently, this is the only option that we have. Mayor Cresenzi stated that we could pass the resolution, sending letters with it recommending that Assemblyman Tocci pass it on to the Assembly leadership to either make it a ten year period or remove the sunshine clause. We should also do the same thing with Senator Oppenheimer. Administrator Russo stated that all indications are that it is going to pass and it should pass this session. It is possible that it may not pass this legislative session but will pass next year, however, we are trying to avoid that because we really depend on this and used every penny of it last year. Trustee Pellino questioned what the approximate level of revenue was. Administrator Russo stated that we budgeted $400,000 which was about 20 - 25% less than what the County estimated for Rye Brook. We should probably receive $450,000 this year, so that would be 9% of our tax credit. Trustee Zuckerman questioned if the current provision also contains the sunshine provision. Administrator Russo stated that the current proposed legislation does have a sunshine provision, but we need to find out if it is the same. Senator Valella, who is really one of the Senior people of the Westchester Delegation, is confident that the extension will pass this session. 15 February 23, 1993 Administrator Russo stated that there are a couple of other key parts of the New York Conference of Mayors legislative program. One is the increase of the gross receipt fee on the utilities. We received about $90,000 from that in our revenues and that is at 1%. There is a proposal to increase that to 3%. The utilities have made out very well over the past six to seven years on reductions of their assessments and their revenues have been doing very well even through the economic down turn. The other thing that municipalities are pushing for is the Real Estate 4/10th and 1% property transfer tax. The City of New York and the State of New York both have this. We are also looking for local option taxes, not anything that would increase unless we decide to do it. Trustee Pellino stated that there is another issue relating to the continuance of the sales tax at least for the foreseeable future and that is the good that it could do for our two school districts. They receive about a quarter of a percent which is a very important part of those two budgets. It is veryimportant that this sales tax extension be passed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE 9. DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 16, 1993 On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: r RESOLUTION DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 16, 1993 VILLAGE OF RYE BROOK RESOLVED, that pursuant to the provisions of the New York State Election Law, that the following two candidates have been nominated to fill the position of Trustee (2) for a two year term of office in the Village Election to be held on Tuesday, March 16, 1993 between the hours of 7:00 A.M. and 9:00 P.M. For Trustee: Joseph Pellino 8 Terrace Court Rye Brook, NY 10573 I Randy A. Solomon 65 Valley Terrace Rye Brook, NY 10573 and be it 16 February 23, 1993 00 j FURTHER RESOLVED, that voting will take place at the following places designated by the Village of Rye Brook Board of Trustees as the Polling Places for Registered Voters residing within the limits of Rye Brook. I District 20 Port Chester Middle School - Bowman Avenue (Main Lobby) District 21 Port Chester Middle School - Bowman Avenue (Main Lobby) District 22 Blind Brook High School - King Street (Main Lobby) District 23 Ridge Street School - North Ridge Street (Gymnasium) District 26 Port Chester Senior High School - Neuton Avenue (Main Lobby) District 27 Ridge Street School - North Ridge Street (Gymnasium) District 29 Ridge Street School - North Ridge Street (Gymnasium) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER j 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: #6052-6135 Payroll Checks: #9181-9286 Environmental: NONE Recreational Trust: NONE Capital: #2006 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 Zuckerman questioned the Capital Account, why money is coming out of the Recreational Trust Account for the Anthony J. Posillipo Community Center. 17 e Z_, February 23, 1993 004000 Administrator Russo explained that the money must get transferred out of it and according to the auditors, the money must be spent out of the Capital Account. The Board approves the payment out of Recreational Trust and Agency and the money is automatically transferred into the Capital Account. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES 11. DECEMBER 15, 1992 On Motion made by Trustee Solomon, seconded by Trustee Pellino, the Minutes of December 15, 1992 were approved as amended. TRUSTEE DALY VOTING AYE i TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE DISCUSSION 12. LIAISON COMMITTEES Mayor Cresenzi explained that we will be discussing establishing Liaison Committees between the Village Board of Trustees, School Districts #4 and #5, the Town of Rye and the Port Chester Village Board of Trustees. Trustee Zuckerman stated that many of the actions that we, the Village Board take have an impact upon other governmental agencies and school districts. We have two school districts located within the Village of Rye Brook and many of the things that we do, relate to things j affecting the Village of Port Chester and the Town of Rye and many of the things that they do, affect us. We have endeavored to cooperate with all of these various boards in sharing services and working together for a common interest. One of the problems is that there is really no formal mechanism to discuss issues on a regular basis other than person to person and many issues have come up that basically we need to discuss on an ongoing basis. There is a great opportunity for increased sharing of services and on the other hand there is an opportunity to avoid conflicts. 18 February 23, 1993 0 C1 Trustee Zuckerman added that in the last couple of months there are some issues that have come up between our Board and other government entities that were caused by some misunderstandings and a lack of communication on the part of either employees of the two Villages or districts involved or the Board members themselves. By establishing two person Liaison Committees between oursQlves and the other entities we can avoid many problems and foster a degree of cooperation and increase sharing of services with a mutual benefit available. Trustee Zuckerman suggested that for the next agenda meeting, we have a resolution prepared with the names of the members for each committee. We should also request that the other boards do the same thing. Mayor Cresenzi stated that two member boards get us out of the problem of open meetings and allows for a direct open line of communication with these boards. It has worked well with the Port Chester Public Safety Committee which has allowed us to begin ongoing discussions about Fire Service. Trustee Pellino added that we did this with the Port Chester School District and the Blind Brook School District as well as with the Port Chester Public Safety Committee and it has seemed to work very well. Trustee Zuckerman stated that each of the Liaison Committees will grow to respect the members of the other committees from the other boards and that there will be a spirit of trust and cooperation that will develop and things can be worked out on a very friendly basis so that we can avoid conflict. Mayor Cresenzi stated that a resolution will be ready for the next agenda meeting. WRITTEN COMMUNICATION 13. TONI COX-BURNS, PRESIDENT BOARD OF TRUSTEES WHITE PLAINS PUBLIC LIBRARY RE: WESTCHESTER LIBRARY SYSTEM Administrator Russo stated that we received word that the White Plains Library was going to remove themselves from the public system in Westchester County, where every resident has equal access to every Library and they are going to charge a non-resident fee for anyone who uses their library. It is not really their intent to do this, however, they want to pursue this issue with the State because cuts have been made to the library system over the past few years and they are looking for a restoration of some of these funds. Trustee Pellino suggested that we contact the State and the County, send them the resolution and request some assistance in this mgtter so we can keep the Library system intact. Administrator Russo stated that he spoke to the Director of the Port Chester Public Library, Robin Lettieri, who is working on this matter as well. She stated that funding is a big issue. The best way to approach this would be to discuss this with Ms. Lettieri and see what their association is doing. 19 004 February 23, 1993 14. WILLIAM J. WALSH JR., CHAIRMAN WESTCHESTER TRIATHALON I RE: TRIATHALON 1993 Mayor Cresenzi explained that this is a fundraiser for St. Agnes Hospital and the Y.M.C.A. They have changed that course this year and some of it will run through Rye Brook on Ridge Street and King Street. Chief Santoro stated that he had a meeting with Port Chester Police Chief Carl Verrastro and this event is on a Sunday morning, rain or shine and there will be plenty of volunteers. They are always very cooperative and we should have no problems with this. Trustee Solomon questioned if they would need any of our Policemen to help out. Chief Santoro replied no, that they had enough people to help out. Mayor Cresenzi stated that a sufficient amount of hand radio operators will be on hand and stationed in the whole area and are there to communicate if help is necessary. They have enough volunteers to do it themselves. He added that he received an updated map and route, which will be distributed to the Board. 15. ARNOLD & ANNABELLE GAMSON DAVID BROMBERG & CARYN FURST BROMBERG RE: COMMON CURB CUT Mayor Cresenzi stated that two letters were received. One from the Gamson's regarding a curb cut and one from the Bromberg's'regarding a tree. Director of Public Works, Rocco V. Circosta stated that the letter from the Gamson's was a request to the Board to review the decision of the Zoning Board regarding the common curb cut on Hillandale Road. The easement agreement that was drafted stipulates that any changes to that agreement have to be a request by the applicant and be made to the Village Board. Trustee Pellino stated that there is an agreement on record based on a Zoning Board decision. Mr. Circosta explained that it is a declaration of easement and restrictions signed by the Damson's and a section of that states that this declaration shall not be modified except by written instrument signed by the respective owners of said parcel one and said parcel two and approved by the Village of Rye Brook Board of Trustees. Trustee Pellino questioned if that agreement then becomes part of the deed of the subdivided property. Mr. Circosta stated that it is part of that property right now. 20 February 23, 1993 0 0 41 Va Trustee Pellino stated that he visited the property on Saturday and it looks as though two curb cuts have been installed when there should be one. He suggested that Mr. Circosta take a look at that property this week and find out if that curbcut was put in as a temporary measure due to construction needs, and if they intend to replace it. The agreement that was signed is the agreement and should not be changed. Trustee Solomon stated that they already violated the restrictions and that he would not be inclined to grant the two curb cuts. Mayor Cresenzi directed Mr. Circosta to look into this matter and report back to the Board at the next Village Board meeting, especially regarding the topography and the great differential between the two properties and see if that is really a factor. If not, I agree with the rest of the Board that it should stand as one curbcut. Mr. Circosta stated for a clarification, I don't believe it was a variance that was granted. They went to the Zoning Board on an interpretation of the code. o Trustee Zuckerman stated that he lives across the street from this curbcut and he is in a difficult position as a Board member to discuss this issue. I don't regard the two driveways as a permanent solution and I have always assumed that the Zoning Board ruling will stand as a single curbcut. I have noticed the fact that there is a permanent belgian block driveway situation that has been constructed on the Gamson property. I would hope that the situation be looked into immediately and that the ruling of the Zoning Board of Appeals will be complied with in all respects unless a formal resolution comes before the Board to overturn it, in which case I would have to excuse myself on that vote, Trustee Zuckerman stated. Mark Harmon, of 16 Hillandale Road, stated that unlike Trustee Zuckerman, I do not have any problem speaking up on this issue. He pointed out that he was not sure which of those two curbcuts are the existing curbcut. Trustee Solomon questioned if it was true that because of an easement, that driveway was already laid out on the site plan as to where it was supposed to be. Mr. Circosta stated that the easement was laid out on the site plan. Mr. Harmon stated that at the time that the request for variance and interpretation came before the Planning Board there was no site plan or inter-development so it is not possible that at the time the deed restriction was put into affect and was offered as a condition of approval of the request for variance that anybody had any idea of what driveways or curbcuts would be considered or required. It was offered as a salve to the surrounding homeowners who were adamantly opposed to the granting of the variance and interpretation and was offered by the Gamson's to meet some of the criticisms that we were raising. Without reference to where the new curbcuts would be or what driveways would be required, if that has arisen after the fact, it is an after the fact problem, not one which was considered or used in the decision as to whether or not to do it, I would be adamantly opposed to any change in the deed restriction. I object to this letter given to the Board without giving adequate notice to the other homeowners in the community who did have notice of this project in the past. 21 February 23, 1993 Mr. Harmon stated that he believed that the Gamson's new driveway cut is the new driveway cut and the one for the existing construction is the one that was there before and that this has been done for other purposes. Mayor Cresenzi directed Mr. Circosta and Attorney Powell to compile a report for the Board for the next meeting. Attorney Powell could address the minutes of the Zoning Board of Appeals as to what the procedure would be and so on. 16. DAVID BROMBERG & CARYN FURST BROMBERG RE: TREES Mayor Cresenzi stated that this letter did not need to be on the agenda, only distributed to the Board. Trustee Zuckerman stated that three trees were cut that lie in the driveway because an easement dictated the path of the driveway. There are three very large trees that were cut down and the stumps are currently sitting between the projected two driveways. On the one hand, if there were two driveways, three trees should have obviously remained and on the other hand by having one single driveway could they justify cutting down those trees, which were about fifty feet tall. The letters present a great inconsistency in going further with this problem. NEXT MEETING DATES AGENDA MEETING - TUESDAY, MARCH 9, 1993 - 8:00 P.M. REGULAR MEETING - TUESDAY, MARCH 23, 1993 - 8:00 P.M. I i Mayor Cresenzi stated that Tuesday, March 16, 1993 is Election Day and Trustee Solomon and Trustee Pellino are both running for re-election. Administrator Russo stated that on March 2, 1993 at 6:00 p.m. the Village will be holding a Budget Work Session on the Public Works and Capital Budget. Mayor Cresenzi also announced that Personnel Registration Day for the Village Election will be Saturday, March 6, 1993 from 12:00 p.in. to 5:00 p.in. in the Village Offices. There is also an Environmental Protection Agency Meeting tomorrow night at 7:00 p.m. at the Village Offices concerning the Mercury Problem that exists on Hillandale Road. Ken Heller stated that a few weeks ago he witnessed a Rye Brook Police car slipping on Lincoln Avenue. It is very bad to have a police car that can't handle half an inch of slush on the road and this should be looked into. Mr. Heller also stated that he read an article in the Westmore News entitled "Rye Brook Ponders It's Future", regarding shared services, the upkeep of parking lots and maintenance personnel. He questioned what this applied to. 22 February 23, 1993 Mayor Cresenzi stated that Rye Brook owns very few fields and when the Village runs a program at the District#5 School system, when the Village's program is in effect, we maintain that field. With regard to sweeping, once or twice a year, we run a sweeper through both school district lots, we have a cooperative agreement with the gasoline purchases and the whole Board made an offer at a joint meeting of the District #5 School Board and Village Board and it stands with the Port Chester School system also, that if they had any road resurfacing to be done and they want to do it, we would make the offer and try to attach it to our current resurfacing contract which they then would reimburse us for. But the weight to the school districts would be very favorable. Currently we are banned from using the lighted baseball field at the Middle School on Bowman Avenue. We do not know the reasoning for this, only that we can't use it. AD.TOURNMENT On Motion made by Trustee Pellino, seconded by Trustee Solomon the meeting was adjourned at 10:40 p.m. until February 24, 1993 7:00 p.m. Respectfully submitted, i Elizabeth Bottali Secretary to the Village Board 23