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HomeMy WebLinkAbout1991-02-26 - Board of Trustees Meeting Minutes AGENDA VILLAGE BOARD MEETING FEBRUARY 26, 1991 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION I, I PUBLIC HEARING 1. ADOPTION OF THE VILLAGE OF RYE BROOK CODE RESOLUTIONS 2. KING STREET NURSING HOME FINAL SITE PLAN APPROVAL SECTION 1, BLOCK 8, LOT 3A AND NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON-SIGNIFICANCE 3. DECLARING THE CANDIDATES FOR VILLAGE ELECTION, MARCH 19, 1991 4. DEDICATION OF CANDY LANE SECTION 1, BLOCK 6, LOT 25B19A 5. AMENDMENT TO EMPLOYEE BENEFITS AND POLICIES PACKAGE 6. EXTENSION OF MUNICIPAL SNOW AND ICE CONTROL AGREEMENT N.Y.S. DEPT. OF TRANSPORTATION 7. EXTENSION OF LARIZZA SUBDIVISION APPROVAL - SECTION 1, BLOCK 11, LOTS 3 & 2 i 8. APPOINTMENT OF BUILDING DEPARTMENT SECRETARY 9. CHECK REGISTER WRITTEN COMMUNICATION 10. STAN ZAK, RE: RESIGNATION FROM CABLE TV COMMITTIE 11. ROBERT V. GALANTE, BRANCH MANAGER SOUND FEDERAL SAVINGS & LOAN ASSOC. RE: REQUEST TO POST SIGN FOR 100TH ANNIVERSARY APPROVAL OF MINUTES 12. JANUARY 22, 1991 13. FEBRUARY 12, 1991 NEXT MEETING DATES MARCH 12, 1991 - AGENDA MEETING MARCH 26, 1991 - REGULAR y MINUTES OF A REGULAR MEETING BOARD OF TRUSTEES 0018.18 VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK FEBRUARY 26, 1991 CONVENE MEETING I I The Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 5:00 p.m. in the Meeting Room and the Pledge of Allegiance followed. following Present were the fol g members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Daly Trustee Francis L. Filipowski Trustee Robert J. Ravich Trustee Jane Saffir Smith Also present were: Christopher J. Russo, Village Administrator Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer Rocco V. Circosta, Director of Public Works Lori Ann DeMarco, Asst. to the Village Administrator Elizabeth Czajkowski, Secretary to the Village Board - 1 - 001 8.1.J February 26, 1991 RESOLUTIONS Mayor Cresenzi stated that due to poor weather conditions, Mr. Colangelo would be entitled to address the Board out of sequence. 7. EXTENSION OF LARIZZA SUBDIVISION APPROVAL - SECTION 1, BLOCK 11, LOTS 2 & 3 Mr. Colangelo stated that when lot #3 of the Comly Avenue subdivision was subdivided, the lot line was straightened out and a rectangular lot was made. They had hoped to combine all the amendments to the subdivision on one plat but it expired before they could get them all in. They are requesting, subject to approval, a 90 day extension so they may submit the plat for signature. RESOLUTION EXTENSION OF LARIZZA. SUBDIVISION APPROVAL SECTION 1, BLOCK 11, LOT 2 & 3 On Motion made by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following Resolution was adopted: WHEREAS, on February 13, 1990, the Village of Rye Brook board of Trustees approved an amendment of the original Subdivision Approval of the property located on Comly Avenue and known on the Assessment Map of the Village of Rye Brook as Section 1, Block 11, Lots 2 and 3, dated June 27, 1989 to allow modification of the boundary line between lots 2 and 3; and WHEREAS, final approval of the amended subdivision map by the Westchester County Department of Health has not yet been obtained and therefore the applicant has been unable to submit the Subdivision Plat for signature; NOW, THEREFORE, BE IT RESOLVED, that the Larizza and Capocci Subdivision Approval Resolution, Section 1, Block 11, Lots 2 and 3 be extended by ninety (90) days from the date of this Resolution so that the necessary approvals may be obtained from the Westchester County Department of Health. - 2 - ®01820 February 26, 1991 i PUBLIC HEARING 1. ADOPTION OF THE VILLAGE OF RYE BROOK CODE Mayor Cresenzi convened the Public Hearing at 8:05 p.m. and on the motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the Public Hearing was adjourned until the March 26, 1991 meeting pending a renotice in the newspaper. RESOLUTIONS I 2. KING STREET NURSING HOME FINAL SITE PLAN APPROVAL SECTION 1, BLOCK 8, LOT 3A AND NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON-SIGNIFICANCE RESOLUTION FINAL SITE PLAN APPROVAL III KING STREET NURSING HOME SECTION 1, BLOCK 8, LOT 3A On Motion made by Trustee Daly, seconded by Trustee Smith, with a unanimous vote of the Board, the following Resolution was adopted: WHEREAS, the Board of Trustees of the Village of Rye Brook has reviewed the application submitted by King Street Nursing Home, Inc. for expansion of the facility at the premises located at 787 King Street, Rye Brook, New York, also known as Section 1, Block 8, Lot 3A; and WHEREAS, the application for Site Plan Approval of King Street Nursing Home, Inc. was submitted to the Village Board of Trustees of the Village of Rye Brook in October, 1990; and WHEREAS, the Site Plan application and Site Plan consisting of one drawing entitled "King Street Nursing Home" was referred to the Rye Brook Planning Board for its review and recommendations on October 23, 1990; and WHEREAS, the Planning Board, together with its consultants and engineers, studied the proposed site plan; and WHEREAS, the Planning Board on November 9, 1990 recommended approval of the Site Plan of King Street Nursing Home, Inc. with the stipulation that all requirements and conditions of the Applicant's 1971 Site Plan be deemed to continue to be in full force of effect and binding upon the Applicant; and 3 - 001821 February 26, 1991 WHEREAS, a Public Hearing was held on December 18, 1990 and continued on January 22, 1991 by the Board of Trustees of the Village of Rye Brook to consider the application for Site Plan Approval by the King Street Nursing Home, Inc. ; NOW, THEREFORE, BE IT; RESOLVED, that Site Plan Approval is hereby granted and the Site Plan entitled "King Street Nursing Home, Rye Brook, New York" prepared by Ronald C. Grantham, Architect, dated October 1, 1990, as submitted by the applicant, be and hereby is approved subject to the conditions set forth in this resolution and the notes and legends on said Site Plan; and be it FURTHER RESOLVED, that the Mayor of the Village of Rye Brook is hereby empowered to sign said Site Plan subject to, and only in the event that the applicant obtains all necessary approvals from any other agency or governmental body having jurisdiction and conform to the conditions of this resolution to the satisfaction of the Board of Trustees; and be it FURTHER RESOLVED, that the Site Plan shall include thereon the following specific designation and legend: This Site Plan shall be subject to all requirements and conditions of the Final Site Plan Approval Resolution of the Village of Rye Brook dated February 26, 1991; and be it FURTHER RESOLVED, that the applicant, its heirs, successors and assigns shall donate to the Village of Rye Brook the sum of one thousand one hundred and forty five ($1,145) dollars as and for a donation to the Village Recreational Trust Fund to assist in meeting the additional recreational needs of the Village. The entire fee shall be paid prior to the signing of the plat plan by the Mayor. The applicant hereby agrees to be bound by the terms of this paragraph and obligated to make such payment, and hereby waives whatever rights it may have, if any, to challenge the validity of these payments in any federal or stated court or administrative body in this and any other jurisdiction; and be it FURTHER RESOLVED, that the final site plan approval granted by this resolution shall lapse if the Final Site Plan is not filed in the office of the Village of Rye Brook within six (6) months after this resolution date; and it is FURTHER RESOLVED, that the resolution and the Site Plan shall be binding upon the applicant, its heirs, successors and assigns and upon the Village of Rye Brook, its heirs, successors and assigns. - 4 - 001822 February 7.6, 1991 RESOLUTION KING STREET NURSING HOME NEGATIVE DECLARATION Notice of Determination of Non-Significance I On Motion made by Trustee Daly, seconded by Trustee Smith, with a unanimous vote of the Board, the following Resolution was adopted: WHEREAS, this notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental conservation Law; and WHEREAS, the Board of Trustees of the Village of Rye Brook (the Village Board) , as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. This determination is based upon the reasons stated below; WHEREAS, the proposed action is the construction of two new additions to the King Street Nursing Home which would consist of 1,308 square feet for a total of 34,368 square feet which property is designated as Section 1, Block 8, Lot 3A on the Tax Assessment map of the Village of Rye Brook; and WHEREAS, the Village Board has determined that the proposed action is an unlisted action and has requested, received, and reviewed a Short Environmental Assessment Form (EAF) ; and WHEREAS, no potential significant environmental impacts were identified in the EAE. NOW, THEREFORE BE IT RESOLVED, that the Village Board has reviewed this proposal with respect to 6 NYCRR Part 617.6 (g) , Determining Significance, and 617.11, Criteria for Determining Significance, and has determined that there will be no significant environmental effect from the proposed action. Mayor Cresenzi stated, for the record, that the minutes of the November 9, 1991 Planning Board Meeting are attached. 5 - 001826 February 26, 1991 3. DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 19, 1991, VILLAGE OF RYE BROOK RESOLUTION DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 19, 1991 VILLAGE OF RYE BROOK PLEASE TAKE NOTICE, that pursuant to the provisions of the New York State Election Law, that the following three candidates have been nominated to fill j two positions as Trustee for a two year term of office in the Village Election to be held on March 19, 1991 between the hours of 7:00 A.M. and 9:00 P.M: For Trustee: Jane Saffir Smith 124 North Ridge Street Rye Brook, NY 10573 Joseph Pellino 8 Terrace Court Rye Brook, NY 10573 Randy Solomon 65 Valley Terrace Rye Brook, NY 10573 and PLEASE TAKE FURTHER NOTICE, 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: District 20 Port Chester Middle School Bowman Ave. (Main Lobby) District 21 Port Chester Middle School Bowman Ave. (Main Lobby) District 22 Blind Brook High School King St. (Main Lobby) District 23 Ridge Street School North Ridge St. (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) - 6 - 001824 j February 26, 1991 4. DEDICATION OF CANDY LANE SECTION 1, BLOCK 6, LOT 25B19A RESOLUTION CANDY LANE - DEDICATION OF STREET SECTION 1, BLOCK 6, LOT 25B19A On Motion made by Trustee Daly, seconded by Trustee Ravich, with a unanimous vote of the Board, the following Resolution was adopted: WHEREAS, by Resolution dated February 4, 1986, the Board of Trustees granted Subdivision Approval for said property to Blind Brook Estates, Inc. WHEREAS, pursuant to the provisions of the Subdivision Approval, the applicant was required to construct a road in accordance with the approved plans and specifications and the applicant was also required to post a Performance Bond in favor of the Village of Rye Brook in order to secure construction of the road in conformance with said plans and specifications; and WHEREAS, a Performance Bond in the amount of $300,000.00 was posted and thereafter said road was constructed in accordance with the approved plans and specifications; said construction being approved by the Director of Public Works on or about June 1989; and WHEREAS, the developer now desires to dedicate said road to the Village of Rye Brook and to secure from the Village Board a release of its obligations under the Performance Bond; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby accepts dedication of Candy Lane this 26th day of February, 1991 in accordance with the deed of Dedication duly executed by the developer on May 23, 1990 presented to the Village prior to the date of this Resolution; and be it FURTHER RESOLVED, that the developer shall furnish the Village of Rye Brook with a Title Insurance Policy in the amount of $50,000.00 certifying that a good and marketable title to the road has been conveyed to the Village by the developer; and be it - 7 - 001 €320 February 26, 1991 I FURTHER RESOLVED, that upon recording the deed and payment of all recording fees and expenses by the developer, and upon the Village of Rye Brook being furnished with a Title Insurance Policy from Westchester Abstract Corp. , in a form approved by the Village Attorney, it shall be certified to by the Village Attorney that these conditions have been met and the developer shall be released from the obligations of the Performance Bond furnished in connection with the Subdivision Approval Resolution. Rocco Circosta, stated that all the required documentation has been received and all the information has been supplied. Trustee Smith questioned if the Title Insurance Policy has been paid for. Attorney Beane replied that the Title Insurance Policy has been paid for and is already in effect. 5. AMENDMENT TO EMPLOYEE BENEFITS AND POLICIES PACKAGE Administrator Russo explained that this was an adjustment to the benefits policy for the non-unionized employees which conforms to the same medical insurance contribution requirement that the police contract has. RESOLUTION AMENDMENT TO EMPLOYEE BENEFITS & POLICIES PACKAGE On Motion made by Trustee Smith, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following Resolution was adopted: RESOLVED, that the Rye Brook Employee Benefits and Policies Package adopted by the Village Board of Trustees on September 27, 1988, be hereby amended with regard to Section 16 entitled Medical Benefits to include the following: "Effective February 1, 1991, all new hirees shall pay ten (10) percent of the cost for individual health coverage and twenty-five (25) percent for family plan coverage for the first four years of employment. After completion of four (4) full years of employment, the Village shall pay full premium costs for these employees." Mayor Cresenzi stated that this is in line with the police contract and also stated that this is a major victory for the Village of Rye Brook and Westchester County. Administrator Russo mentioned that the only organized group in the Village that does not have this in their contract is the teamsters, and their contract expires on May 31st. - 8 - 001826 February 26, 1991 6. EXTENSION OF MUNICIPAL SNOW AND ICE CONTROL AGREEMENT N.Y.S. DEPT. OF TRANSPORTATION Mayor Cresenzi asked how much money would be returned to the Village from the State. Mr. Circosta stated that the State is very slow in reimbursing the Village, for they just received their 1986 check for $6,100.00. We are still awaiting checks for 1984, 1985, 1987 and 1988. Mr. Circosta explained that the State had given it to the County, the County was going to process the paper work for the State, and they are still processing paperwork. RESOLUTION EXTENSION OF MUNICIPAL SNOW & ICE , CONTROL AGREEMENT On Motion made by Trustee Daly, seconded by Trustee Smith, with a unanimous vote of the Board, the following Resolution was adopted: WHEREAS, the State of New York proposes to extend the Snow & Ice Agreement between the New York State Department of Transportation and the Village of Rye Brook for a period of one year, to expire on June 30, 1993; NOW, THEREFORE, BE IT RESOLVED, that Christopher J. Russo, Village Administrator of the Village of Rye Brook be hereby authorized, to execute said agreement with the State of New York for the removal of Snow & Ice from State roads located within the Village of Rye Brook. Trustee Ravich questioned if there was any way to expedite this reimbursement. The Mayor replied that we must plow the snow and open the roads to make the Village safe. 7. Resolution #7 entitled: "Extension of Larizza Subdivision Approval - Section 1, Block 11, Lots 2 & 3" was addressed out of sequence at the start of the meeting. 9 - 00182 < February 26, 1991 i 8. APPOINTMENT OF BUILDING DEPARTMENT SECRETARY RESOLUTION APPOINTMENT OF BUILDING DEPARTMENT SECRETARY On Motion made by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following Resolution was adopted: RESOLVED, that Lisa Beth Ferraro, of 68 Congress Street, Harrison, NY be hereby appointed provisionally to the position of Building Department Office Assistant at an annual Salary of $22,500. effective March 4, 1991. I 9. CHECK REGISTER RESOLUTION CHECK REGISTER On Motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following Resolution was adopted: 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: #2028-2173 Hand Checks: #9800-9812 Payroll Checks: #3490-3804 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. 10. STAN ZAK RE: RESIGNATION FROM CABLE T.V. COMMITTEE Administrator Russo explained that this was a letter of resignation from Cable T.V. commissioner, Stan Zak. He then proceeded to read the letter. Mayor Cresenzi added that Mr. Zak has been involved in this Village from the time it became a Village and will be deeply missed. - 10 - 001828 February 26, 1991 11. ROBERT V. GALANTE, BRANCH MANAGER SOUND FEDERAL SAVINGS & LOAN ASSOC. RE: REQUEST TO POST SIGN FOR 100TH ANNIVERSARY Administrator Russo explained that he had spoken with Robert Galante, the Branch Manager, and to commemorate their 100th anniversary, they want to put a 3' x 5' sign over the entrance way to the building for the period of April 1st through October 31st. Attorney Beane stated that the period of time may impact other litigations that they are currently involved in. Trustee Ravich added that the letter stated that if the period of time is too long, the month of June would be fine. RESOLUTION SOUND FEDERAL SAVINGS & LOAN ASSOCIATION REQUEST TO POST SIGN FOR 100TH ANNIVERSARY On Motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that permission is hereby granted to Sound Federal Savings & Loan Association to post a 3'x 5' white banner over the front door of their Rye Brook Office during the month of June 1991 in celebration of their 100th Anniversary. APPROVAL OF MINUTES Mayor Cresehzi stated that the Minutes would be approved at the March 26, 1991 Village Board of Trustees meeting. NEXT MEETING DATE March 12, 1991 - Agenda Meeting - 6:30 p.m. March 26, 1991 - Regular Meeting - 8:00 p.m. Administrator Russo mentioned that they received a communication from the State with regard to our pending application for the Compost Site. The Board must declare itself lead agency on the matter. - 11 - 001 8n0 February 26, 1991 RESOLUTION VILLAGE OF RYE BROOK CIRCULATION OF INTENT TO DECLARE LEAD AGENCY FEBRUARY 26, 1991 On Motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board of Trustees, the following Resolution was adopted: WHEREAS, that the Board of Trustees of the Village of Rye Brook (Village Board) intends to act as the Lead Agency in the review of the proposed creation of a Village yard waste composting facility in accordance with New York State Department of Environmental Conservation standards. The subject area is one acre in size and is located off of King Street, Route 120A, between Hillandale Road and Arbor Drive, near the Connecticut border. A site location map and a short Environmental Assessment Form are attached. WHEREAS, the Village Board has determined that the proposed action is an Unlisted Action that should receive coordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby circulates its intent to be lead Agency to all concerned agencies; and be it FURTHER RESOLVED, that all agencies will have thirty (30) days from the date of notification to respond and if no response is received the Village Board will pass a resolution at their next scheduled meeting declaring itself as Lead Agency for review of this project. Administrator Russo stated that this must be circulated to the agencies involved to see if anyone else would like to take the lead agency status. ADJOURNMENT On Motion made by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the meeting was adjourned into executive session at 8:25 p.m. for litigation matters. Respectfully submitted, Elizabeth Czajkows i Secretary to the Village Board 12 -