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HomeMy WebLinkAbout1992-03-24 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING MARCH 24, 1992 6:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1. ADOPTION OF LOCAL LAW 41-1992 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK". 2. PROPOSED LOCAL LAW #2-1992 ENTITLED: NUMBERING OF BUILDINGS 3. MOBIL OIL, INC. 105 SOUTH RIDGE STREET APPROVAL OF SITE PLAN SECTION 1, BLOCK 23, LOT '_A-2B, 3 & 4 RESOLUTIONS A. SETTING PUBLIC HEARING DATE VTLLAGE OF RYE BROOK 1992-1993 PROPOSED BUDGET 5. CHECK REGISTER APPROVAL OF MINUTES 6. DECEMBER 17, 1992 7. JANUARY 14, 1992 8. MARCH 17, 1992 NEXT MEETING DATES APRIL 14, 1992 - 6:00 P.M. AGENDA MEETING & ANNUAL ORGANIZATIONAL. MEETING APRIL 28, 1992 - 8:00 P.M. REGULAR MEETING 003186" MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOD BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 24, 1992 CONVENE MEETING Mayor Cresenzi convened the Meeting at 6:30 p.m. 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 Robert J. Ravich was not in attendance at this meeting. Also present were: Trustee-Elect Gary J. Zuckerman Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer was not in attendance at this meeting. - 1 - 00°318 March 24, 1992 Mayor Cresenzi stated that the Board would deviate from the Agenda this evening and discuss item No. 2 first, PUBLIC HEARINGS ?, PROPOSED LOCAL LAW #2-1992 ENTITLED: NUMBERING OF BUILDINGS Administrator Russo stated that this is a draft Law which will need to be modified. The intent is to require the display of house numbers and the method of display. It is not to require sequential numbers, which is another issue to be dealt with separately. In further discussions with the Village Attorney we feel it is important to include the way house numbers are assigned. Initial house numbers, as well as changes in house numbers, are assigned through the Building Department in conjunction with the Assessors Office. Trustee Daly questioned if the Village has the authority to change numbers, Attorney Beane stated that there is authority under the General Municipal Law for any municipality to take the necessary steps to protect the health, safety and welfare of the community. There is more specific authority under the Municipal Home Rule Law to codify a municipalities right to do this as part of a numbering law. If the Village has a health, safety and welfare reason for changing numbers, the Village has the authority to do so. If the Village wishes to codify it so that it is part of a law, it should be included in a numbering law. The draft local law that currently exists does not have any such provisions in it. Trustee Pellino referred to paragraph D, and questioned how many buildings do not have numbers on them, Administrator Russo stated that there were thirty that did not have numbers but-have been assigned numbers. Trustee Pellino questioned if this applies to commercial buildings as well as residential buildings. Administrator Russo replied "Yes" and pointed out that paragraph D was one of the sections that needed to be modified in terms of the issue of removing the requirement of the uniform numbering system. Trustee Solomon questioned if paragraph B would need to be modified. He stated that for example, there is a house on Tamarack Road that has thirty foot pine trees which obscure the entire house so that you would not even know it was there. Mayor Cresenzi stated that the numbers must be visible from the street. - 2 - March 24, 1992 0`-* 3 Attorney Beane stated that in order to do so, you would have to start with paragraph A which requires the numbers to be displayed on the g ra P building, Tf the home is set back, we must modify paragraph A to say that if the numbers can't be seen from the street than an alternative display must be made. The whole point of this law is so that Public safety people and citizens will be able to identify homes from numbers from the street, one of the reasons for this hearing is so that we can get some input from the public so that we can include the changes Trustee Pellino questioned if a three inch high number is practical for houses that are set back rather deeply. Administrator Russo stated that there would be a language change requiring that it be put closer to the street. Attorney Beane stated that the key is to get it so that it is visible. Trustee Solomon questioned if a man that has lived in this community for forty or fifty years and has two inch numbers on his home, which is set back, would he have to purchase three inch numbers. Administrator Russo stated that there are not many homes in the Village that are far off the street, however, it could mean either replacing their numbers or moving their existing numbers more towards the street. Trustee Daly questioned if we could change paragraph A regarding language that says it should be clearly legible from sunrise to sunset, and should it be visible at night also. Administrator Russo stated that visibility at night may be more of a burden to residents. He added that the language can be adjusted to be reasonable in terms of the issue of visibility; whereas people who are further-off the street could either move their existing numbers to a point off the right of way but visible from the street or in some cases it may mean people having to replace their house numbers. Trustee Daly stated that basically, this draft law needs to be rewritten. Administrator Russo stated that it needs to be modified. Trustee-Elect, Gary Zuckerman stated that in some areas of the Village, there is a common driveway with two or more houses up that driveway. That situation should also be addressed. Mr. Heller stated that the whole point of this is so that Emergency Services can find the house and yet you only seem to care about sunrise to sunset when emergencies also occur at night. - 3 - 003191 March 24, 1992 Mayor Cresenzi stated that emergency vehicles have spot and search Tights and if a number exists, they will be able to pick it up. Mr. Brown questioned if the homes that are set back from the road and have grown bushes in front of their homes which hide their numbers would they have to put stakes at the edge of their properties with a number on it. Mayor Cresenzi stated that they will have to either cut their bushes or put a number out that is visible. Mr. Brown stated that the taw should say that all numbers should be reflectable. Mr. Martinotti stated that we should create uniformity and screw up the entire Village. We can then make exceptions for driveways such as Mr. Heller's and the ones that Mr. Zuckerman spoke of. Mr. Brown stated that the Town could install the posts themselves. Mayor Cresenzi corrected Mr. Brown by informing him that this is a "Village" not a "Town". Mr. Brown stated that it should still be the "Town". Mayor Cresenzi stated that we should not pick a personal war. Mr. Martinotti stated that the point is, if you are concerned about someone picking up a number, let's make it uniform. Trustee Daly questioned whether or not we have looked into what other Communities have done. Attorney Beane stated that the draft law in front of us this evening was taken from General Code publishers, which is a generic law that has been used by other Communities. Depending upon how rural and urban the Communities are, he stated that everyone should not have to change their number. They should be reflective and visible and close to the street. Trustee Daly questioned if 911 will be County-wide. Mayor Cresenzi stated that he called the 911 coordinator for the State who put together a draft recommendation for all the municipalities that the numbers be odd/even on opposite sides of the street and that they be sequentially numbered and visible from the street. He explained that we are only dealing with the issue i..nvolving visibility from the street. Trustee Daly questioned what Towns such as Somers are doing, as they have more than one house up a driveway with mailboxes clustered together at the end of the driveway. - 4 - March 74, 1.997 003192 Administrator Russo stated that he spoke with Ed Dorsey, the County Coordinator for Westchester County, who said that they are having the same problem in many communities. Trustee Pellino stated that we must guide ourselves by the practicality of what we want to accomplish. We want to have numbers on every building and the numbers should also be reflectorized, which is a reasonable request and should be written into the law. He stated that the ordinance, as written, identifies that the numbers should be three inches inheight and placed in a prominent and conspicuous place. Trustee Solomon stated that he has a problem trying to force people ' to make an expenditure when they already have numbers on their houses. Attorney Beane stated that we will have to deal with the issue of common driveways and multiple numbers. The Arbors must also be looked into. Trustee-Elect Zuckerman stated that in some communities, the number is painted in front of the house on either the curb, sidewalk or street. This may be a help. Mayor Cresenzi stated that we looked into this a few years ago but we realized that the snow and parked cars would hide the numbers. Mr. Martinetti questioned if the renumbering will be part of this law. Mayor Cresenzi replied "No". Mr. Martinetti questioned why certain homes have been renumbered. Mayor Cresenzi stated that some homes that did not have numbers were given numbers, and in areas where there were wide discrepancies, the Building Department issued new numbers. Mr. Martinetti stated that if the Village is going to change the language of their law, you have to readvertise. Mayor Cresenzi stated that it is a continuation of the Public Hearing' to get input and make changes. Attorney Beane stated that we are holding a Public Hearing on a particular law, which does not even exist yet. Every time you change the words of a draft law, you do not have to renotice it in the newspaper. Mayor Cresenzi questioned that since this was advertised in the newspaper, did anyone bother to pick up a copy of the law before they came this evening. - S - March 24, 1997 One resident stated that she was here this evening because the Village already started to renumberhouses on one of the streets and wanted to find out that if there was not a law, why are they changing the numbers around. Trustee Solomon questioned if this is a visibility issue or an issue that houses that don't have numbers should have numbers. Mayor Cresenzi stated that he should read the Chief Santoro's Memo, as it clearly explains what the issue is. Attorney Beane stated that it is a visibility and identification issue as explained before. On Motion made by Trustee Pellino, seconded by Trustee Daly, the Public Hearing was adjourned at 7:00 p.m. until the April 28, 1992 Meeting. One resident stated that for the past forty years, she has had the same number on her house and the Police Department and Ambulance Services never had a problem finding her home. Administrator Russo stated that in order to meet the requirements of 911 we were mandated to see that each home in the Village of Rye Brook had a number. In doing so, we were guided and directed to remove significant discrepancies as far as numbering not being in sequential order and odd and even order. There was also a problem with new homes having been built in the middle of the street, which made it impossible to put anything in sequential order. He stated that we renumber approximately twenty four homes in the Village and assign numbers to thirty homes that had no numbers at all. These changes include seventeen homes on Roanoke Avenue, four homes on Lyon Street and two homes on Lincoln Avenue. in previous years we renumbered Woodland Drive at the request of the majority of the residents on that street because they had experienced public safety problems. once it hit home, it made a significant difference in their thinking about doing this. 911 requests that we do this because of the computer system that is being implemented. Rocco Circosta, Director of Public Works stated that when we received the street listings from the 911 program, they gave us locations where they had to list the numbers. We reviewed the numbers on those streets, and in various areas we had some discrepancies with regard to the odd/even type of numbering system. 6 QU319 4 March 24, 1992 Trustee Solomon questioned what the problem was on Roanoke Avenue. Mr. Circosta stated that there were a few odd and even numbers that were mixed and out of sequence. Also many new homes were built so there were homes with letters attached to their numbers. Mr. Brown questioned if all of this was done at the request of someone from Westchester County. Administrator Russo stated that Ed Dorsey is our contact person from Westchester County who suggested the Village do this. A resident stated that he called Ed horsey, who stated that at no time did he request numbers to be changed in the Village of Rye Brook. He requested that no two numbers be numbered the same and, no two streets in one municipality should be named the same. Streets such as Woodland Avenue and Woodland Drive he said he could live with. Anything else was done at the request_ of the Village of Rye Brook, not Mr. Dorsey and if the Board wants this in writing, the resident stated that he will get it. Mayor Cresenzi stated that he will get that information and also the guidelines from the State 911 system also. He added that we need to table the discussion until the April 26, 1992 Board Meeting where we can obtain the reports from Westchester County and from the State and review what the Village has done prior to that meeting. A resident stated that there is no reason to antagonize a homeowner tf there is truly not a dire need. Tf for the last_ forty years the Fire Department has learned the number of every house of the Town of Rye, there is no reason why the new people coming to work here can't do the same damn thing. Tf every Policeman who is hired is not taught the area, then be should not be on the force. Mayor Cresenzi reiterated that the Board needs to obtain the proper information-and review the reasoning as to why the Building Department did what it did. Mr. Heller stated that 911 is important but these residents will be impacted in every way by changing their address. He added, for the record, that he objects to renumbering in the Village. Trustee Solomon questioned if Mr. Circosta could provide the Board with a list and reasons as to why these numbers had to be changed. Mr. Circosta stated that this information is all available. Trustee—Elect Zuckerman questioned if it were possible to have someone from Westchester County address the Board rather than give any written communication. Mayor Cresenzi stated that this can be done at the next meeting. 7 March 24, 1992 ADOPTION OF LOCAL LAW #1-1992 RNTITLED: A LOCAL LAW TO PROVTDF FOR THE CODTFTCATION OF THE LOCAL LAWS AND CERTAIN RESOLUTIONS OF THE VTLLAGE OF RYE BROOK TNTO A MUNTCTPAL CODE TO BE DESIGNATED THE "CODE OF THE VTLLAGE OF RYE BROOK". Mayor Cresenzi reconvened the Public Hearing on the Village Code at 7: 15 p.m. Mr. Heller suggested the Board adjourn this Public Hearing until the next meeting as very shortly there is a major Public Hearing at the Port Chester Middle School regarding the Rye Brook Municipal Pool Complex. Mayor Cresenzi stated that there is an item dealing with the Plumbing Ordinance that we must discuss, however we will move on to the resolution section of the meeting and then come back to this Public Hearing, RF.SOLUTTONS. 4, SFTTTNG PUBLIC HEARING DATE VTLLAGE OF RYE BROOK 1.992-1993 PROPOSED BUDGET On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following resolution was adopted: RF.SOLUTTON SFTTTNG PUBLIC HEARING; DATE VTLLAGE OF RYE BROOK 1992-1993 PROPOSED BUDGET RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 14, 1992, at 8:00 P.M. at the Village Offices, 90 South Ridge Street, Rye Brook, NY to consider the proposed 1992-1993 Budget for the Village of Rye Brook, TRUSTEE DALY VOTING AYE TRUSTEE PFLLTNO VOTTNG AYF TRUSTEE SOLOMON VOTTNG AYE MAYOR CRF.SEN7I VOTING AYE TRUSTEE RAVICH ABSENT Mr. Heller questioned if copies of the proposed Budget would be available prior to that meeting. Mayor Cresenzi stated that they are currently available as the Budget was filed on the 20th. - B - 0031L96 March 24, 1992 Administrator Russo stated that there will be two work sessions for the Board of Trustees to be held on Tuesday, March 31, 1992 at 7:00 p.m. , and Monday, April 6, 1992 at 7:00 p.m. Mayor Cresenzi added that the Department_ Heads will be available for input and questions from the Board. 5, CHECK RFGTSTER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION CHECK RFGTSTER 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: #4132-4190 Hand Checks: 499£32-10002 Payroll Checks: #6229-6671 NOW, THEREFORE, BE TT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTTNC AYE TRUSTEE PFLLINO VOTTNG AYE TRUSTEE SOLOMON VOTTNG AYE MAYOR CRF,SENZT VOTTNG AYE, TRUSTEE RAVTCH ABSENT APPROVAL OF MTNUTES 6, DECEMBER 17, 1992 7, JANUARY 14, 1992 S. MARCH 17, 1992 On Motion made by Trustee Pellino, seconded by Trustee Daly, the minutes of January 14, 1992 were accepted as presented. The minutes of December 17, 1992 and March 17, 1992 will be held pending various corrections. _ q _ OQ '. i March 24, 1992 NEXT MF.ETTNG DATES APRIL 14, 1992 - 8:00 P.M. AGENDA MEETING & ANNUAL ORGANIZATIONAL MEETING APRIL 28, 1992 - 8:00 P.M. REGULAR MEETING Mayor Cresenzi reconvened the Public Hearing on the Village Code. Rocco Circosta, Director of Public Works stated that we need to address the issue of licensing plumbers in the Village of Rye Brook. Presently we do not have a mechanism to do so and we have been operating without one. we have had many requests from plumbers to obtain licenses here in the Village and we need to review this.. Trustee Daly questioned if we have the fees for the permits, exams, etc. Attorney Beane explained that the fees will be included in the fee section with all other_ fees of the Village of Rye Brook. Trustee Daly questioned if the competency test is a standardized test. Mr. Circosta stated that the competency test is developed by the municipality based on New York State Code. Trustee Daly questioned the conditions of the surety bond. Mr. Circosta stated that plumbers who wish to do work in the Village must file a $10,000 bond with the Village. Attorney Beane stated that the reason for that requirement is to ensure that when they do any outside work the Village has security to go after them. Trustee Solomon questioned if #2 under definitions was a typing error. Mr. Circosta stated that #2, Employing or Master Plumber was correct and meant a person or corporation that employs other people as plumbers under their corporation name. Attorney Beane added that he was going to play with the language, but the concept is correct. Trustee-Elect Zuckerman questioned if each partner in a partnership would need to be licensed. Attorney Beane stated that we would license the partnership. - 10 - March 74, 1997 why the Hoard of Plumbing P Elect Zuckerman questionedy mruste, Examiners has a Journeyman rather than two Licensed Plumbers and two Employing Plumbers. Tt_ would seem to me that a Journeyman should not sit on a Licensing Board. Trustee Daly questioned if a Journeyman can be licensed. Trustee-Elect Zuckerman stated that a Journeyman does not have a license, but a licensed plumber is a Master Plumber. Mayor Cresenzi stated that licensed plumbers should sit on that Board. Trustee Daly questioned how names of people were received to sit on the Board of Plumbing Examiners and questioned why the Board did not discuss candidates prior to choosing them. mr. Circosta stated that they looked into the formerRye Town Plumbing Board and the Chairman was Michael Ray. We approached Mr. Ray and asked him for another name of a resident in the Village that might be interested. Trustee Daly stated that most Board Appointments are openly discussed and all people interested are interviewed and given a fair chance. Trustee Solomon stated that we might want to advertise for these positions in the newspaper. Trustee Pellino stated that the public should be notified so everyone will get an equal shot.. Trustee-Elect Zuckerman questioned who will make up this test. Mr. Circosta explained that the test will be made up by the Building Department with input from the Board of Plumbing Examiners. Trustee-Elect Zuckerman questioned if there is a way to determine if the tests in other jurisdictions are equal to ours. Mr. Circosta stated that a test that anyone takes will be based on the New York State Code, which is the Plumbing Code throughout New York State. Administrator Russo stated that we have to abide by the State Codes, and we haven't proposed anything more stringent. Trustee Pellino questioned the section regarding "continuance of previous certificate". Mr. Circosta stated that there are other plumbers from other communities that have obtained licenses in the Village without taking an examination. - 11 _ i. March 24, 1929 Attorney Beane questioned if the Village granted licenses to persons not having a license anywhere else. Administrator Russo replied "No". Attorney Beane stated that the whole section can be removed. Administrator Russo discussed the need for an appeals process and further stated that a notice will be put in the local paper soliciting those qualified to sit on the Board of Plumbing Examiners. On Motion made by Trustee Pellino, seconded by Trustee Solomon, the Public Hearing on the Plumbing Section of the Village code was adjourned at 7:40 p.m. 3. MOBTL OTL, TNC., 105 SOUTH RTDGE STREET APPROVAL OF SITE PLAN SECTION 1, BLOCK 23, LOT 1A-2B, 3 & 4 Mayor Cresenzi stated that due to an error in the date of the Notice of Public Hearing that was sent out to the Public, the hearing must be rescheduled to the next regular meeting of the Board of Trustees on April 28, 1992. ADJOURNMENT On Motion duly made and seconded, the meeting was adjourned at 7:45 p.m. Respe ctfu l ly submitted, Christopfier 3. Russo Village Clerk - 12 -