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HomeMy WebLinkAbout1993-04-27 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING APRIL 27, 1993 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. PROPOSED LOCAL LAW #2-1993 ENTITLED: 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 RESOLUTIONS 2. APPROVAL OF 1993-1994 VILLAGE OF RYE BROOK BUDGET 3. BUDGET MODIFICATION EQUIPMENT/VEHICLES 4. BUDGET MODIFICATION GARAGE EXPENSE 5. APPOINTMENT OF POLICE OFFICER 6. PURCHASE OF PROPERTY AT 504-506 ELLENDALE AVENUE 7. APPROPRIATION OF FUNDS ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION 8. AUTHORIZING PACE UNIVERSITY MANAGEMENT STUDY 9. APPOINTMENT TO THE ZONING CODE UPDATE COMMITTEE 10. CHECK REGISTER REPORTS 11. N.Y.S. DEPARTMENT OF ENVIRONMENTAL CONSERVATION NATIONAL SMALL BUSINESS TREE PLANTING GRANT 12. N.Y.S. PARKS & RECREATION ASSOC. AWARD RYE_BROOK RECREATION DEPARTMENT APPROVAL OF MINUTES 13. FEBRUARY 9, 1993 14. MARCH 12, 1993 15. MARCH 16, 1993 16. MARCH 30, 1993 NEXT MEETING DATES AGENDA MEETING - TUESDAY, MAY 11, 1993 REGULAR MEETING - TUESDAY, MAY 25, 1993 i i 004733 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK APRIL 27, 1993 CONVENE MEETING The Meeting was called to order at 8:15 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 Daly Trustee Joseph Pellino Trustee Randy Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Robert J. Santoro, Chief of Police Kenneth E. Powell, Village Attorney Elizabeth Bottali, Secretary to Village Board April 27, 1993 004734 RESOLUTIONS 1. APPOINTMENT OF POLICE OFFICER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED, that Theodore J. Sabato of One Fairhaven Lane, Port Chester, New York, be hereby appointed to the probationary position of Police Officer, 1st Grade, at a salary of $49,461 with the Village of Rye Brook; and be it FURTHER RESOLVED, that the probationary period for the position shall be six months effective on the commencement date of June 8, 1993. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Chief Santoro introduced P.O. Sabato and informed the Board that his start date is June 8, 1993. The Board welcomed him aboard. Trustee Solomon stated that he has known Teddy Sabato most of his life and he is a fine, upstanding young man who will be a credit to our community. 2. APPROVAL OF 1993-1994 VILLAGE OF RYE BROOK BUDGET Administrator Russo explained the changes in the budget, which are the inclusion of $40,000 for legal fees for certiorari's and outside litigation, $5,000 in our contingency account for the Veteran's Memorial Fund and $2,000 for the Blades Hockey Team. A change was made in the Capital budget to remove $30,000 for the signal at Glenville Road and King Street and we have added $16,000 toward the purchase of the updated recording system for the Police Department. The General Fund expenditure increase from last year was 2 1/2%, we are up to a 4% increase overall in the budget and the actual amount of real property tax over last year is up 3.8% with these changes. The tax rate is 7.18. 2 April 27, 1993 004731 On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION VILLAGE OF RYE BROOK 1993-1994 BUDGET WHEREAS, the Board of Trustees met on the 13th of April, 1993 pursuant to Notice of Public Hearing, regarding the Proposed 1993-1994 Budget, and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that the Proposed Budget as hereinafter set forth by the Board of Trustees, is hereby adopted this 27th day of April, 1993; and be it FURTHER RESOLVED, that the amounts listed therein for payment of principal and interest on indebtedness, and that maintenance district charges be paid, and that the salaries, wages, benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries as determined by the Board of Trustees. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. BUDGET MODIFICATION EQUIPMENT/VEHICLES Administrator Russo explained that this was the amount of insurance recovery that we had on a police car that was in an accident. Our mechanic strongly suggested that we keep the vehicle and use it for the many parts that were salvaged. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION BUDGET MODIFICATION EQUIPMENT/VEHICLES RESOLVED, that the following budget modification be hereby approved: 3 April 27, 1993 004736 FROM TO AMOUNT 101.2200.268 901.5000.202 $7,725 (Insurance Recovery) (Equipment/Vehicles) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. BUDGET MODIFICATION GARAGE EXPENSE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION BUDGET MODIFICATION GARAGE EXPENSE RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.2299.268 101.1640.450 $ 850 (Insurance Recovery) (Garage Expense) (For the replacement of the chain link fence and gate at the Highway Garage. A Motorist rolled into it and reimbursement for the fence had been received through insurance recovery.) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. PURCHASE OF PROPERTY AT 504-506 ELLENDALE AVENUE Attorney Powell recommended that this item be held over until the May 11, 1993 Agenda Meeting because of a change in the contract concerning an outstanding mortgage. The Board agreed to deal with this matter at the May 11, 1993 meeting. 4 April 27, 1993 004737 7. APPROPRIATION OF FUNDS ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROPRIATION OF FUNDS ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION RESOLVED, that $20,000 be and hereby is appropriated from the Recreation Trust & Agency account for the purpose of funding various expenses related to the reconstruction of the Anthony J. Posillipo Community Center. Such expenses shall include the Asbestos Design and Air Monitoring and Architectural Fees related to construction documents and Bidding Phase. Administrator Russo explained that this money was necessary to pay the Air Monitoring firm that oversees the asbestos removal. The other fees are related to the evaluation and is strictly in accordance with our existing contract. Bids are due back May 4, 1993. Trustee Solomon questioned how many contractors have picked up bids. Ms. DeMarco replied that 60 bids were picked up. Ms. DeMarco added that the Village of Rye Brook submitted a grant application for supplemental funding on March 30, 1993 and on Friday, April 30, 1993 the Westchester County Planning Department will hold a Public Hearing at which time they will announce the awards and hopefully the Village will be among those who will receive supplemental funding. Administrator Russo added that we have applied for $150,000 out of a total pool of $800,000 of which there are fifty five applications totalling in excess of$5,000,000 and we are asking for 12% of the total pot. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5 April 27, 1993 8. AUTHORIZING PACE UNIVERSITY 004738 MANAGEMENT STUDY On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AUTHORIZING PACE UNIVERSITY MANAGEMENT STUDY WHEREAS, in 1987 the Edwin G. Michaelian Institute prepared a report on the Governmental operations of the Village of Rye Brook; and WHEREAS, the Village Board of Trustees desires to update that study and focus on areas not covered by the previous study. NOW, THEREFORE, BE IT RESOLVED, that the Mayor be authorized to sign an agreement with Pace University Michaelian Institute to study the operations of the Village of Rye Brook with a maximum cost of $20,000.00. Trustee Pellino questioned when we would receive a contract and schedule the commencement of this study. Administrator Russo stated that they have already started compiling the necessary information, however, they will really be "hitting the ground" within a week or two. Trustee Zuckerman commented that this is money well spent, as it should result in saving considerable monies over the next several years. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. APPOINTMENT TO THE ZONING CODE UPDATE COMMITTEE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: 6 April 27, 1993 004739 RESOLUTION APPOINTMENT TO ZONING CODE UPDATE COMMITTEE RESOLVED, that Peter Sotire of 1 Valley Terrace be hereby appointed to the Village of Rye Brook Zoning Code Update Committee. 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 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: 6454-6518 Payroll Checks: 9734-9825 Environmental: NONE Recreational Trust: 110 Capital: 2017-2023 Manual Checks Capital: 2015 Manual Checks: 6343, 6345 & 6352 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7 April 27, 1993 004-740 I Administrator Russo stated that at the last meeting the Board questioned the purchase of a twenty-five cubic foot refrigerator for the daycamp. The purchase price was $895.00 delivered. Just to put the Board's mind at ease that we are getting the best price, I compared the price with two other manufacturer's that turned out to more expensive than the one we purchased and I also took the model number and went to three stores. At Consumer's Appliance's the price was $1,029, at TOPS Appliance's the best price was $945 and at Kudo's Appliance's in Yonkers, after some negotiation, the price was $890 which was $5 less than what we paid. 11. REFERRAL TO PLANNING BOARD OF PROPOSED SIGN, COMMERCIAL, RECREATIONAL AND JUNKED VEHICLE LAW, SWIMMING POOL LAW AND WALLS AND FENCES LAW On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION REFERRAL TO PLANNING BOARD OF PROPOSED SIGN, COMMERCIAL, RECREATIONAL AND JUNKED VEHICLE LAW, SWIMMING POOL LAW AND WALLS AND FENCES LAW RESOLVED, that the draft Sign Law, and Commercial, Recreational and Junked Vehicle Law, Swimming Pool Law and Walls and Fences Law are hereby referred to the Planning Board for review and recommendation; and be it FURTHER RESOLVED, that these proposed laws be hereby reviewed and recommendations made in the following priority order; 1) sign law 2) commercial, recreational and junked vehicle law 3) swimming pool law 4) walls and fences law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE REPORTS 11. N.Y.S. DEPARTMENT OF ENVIRONMENTAL CONSERVATION NATIONAL SMALL BUSINESS TREE PLANTING GRANT Administrator Russo stated that we received word that we would probably be receiving $3,500 from the National Small Business Tree Planting Program for plantings at what is considered a downtown area or Main Street. We don't really have a Main Street so we would primarily use this for the plantings at the Posillipo Center. 8 April 27, 1993 004741 Trustee Pellino questioned if this was the first time the Village of Rye Brook has received this type of award. Administrator Russo stated that this was the first time the Village of Rye Brook received any grant money through this program. 12. N.Y.S. PARKS & RECREATION ASSOC. AWARD RYE BROOK RECREATION DEPARTMENT Administrator Russo stated that the Village of Rye Brook Parks & Recreation Department received an award for the process that goes along with preparing for the Village of Rye Brook Birthday Celebration and last year we even had a video promoting the celebration. There are not many communities that put on this type of event annually and it's promotion was recognized by the New York State Society of Parks &Recreation. Our Recreation Superintendent, Thomas Hroncich, is the immediate past President of the South East Consortium for Special Services. which the Village belongs to and he also received an award for their Annual Report, which is something that he was responsible for as President the previous year. That award was for having one of the best financial, administrative set-ups of a non-for-profit organization. Mayor Cresenzi commented that the video that the Recreation Department put together on the Birthday Run is phenomenal. Administrator Russo stated that we currently have that video playing on our Government Access Channel and a letter has been sent from our Rye Brook Birthday Party Committee requesting that we play that video as much as possible between now and the Birthday Celebration and we are going to try and accommodate that request. APPROVAL OF MINU'T'ES 13. FEBRUARY 9, 1993 14. MARCH 1291993 15. MARCH 16, 1993 16. MARCH 30, 1993 The Minutes were held over to the May 11, 1993 Agenda Meeting upon the request of Trustee Solomon, who did not have time to read them. 9 April 27, 1993 004742 PUBLIC HEARING 17. PROPOSED LOCAL LAW #2-1993 ENTITLED: 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 recommended that the Public Hearing be adjourned to the May 11, 1993 Agenda Meeting until we can obtain answers to the various questions that have been raised. On Motion made by Trustee Pellino, seconded by Trustee Solomon, the Public Hearing was adjourned until the May 11, 1993 Agenda Meeting. Trustee Daly questioned why the Planning Board has not commented on this. Mayor Cresenzi explained that ajoint work session took place between the Village Board and the Planning Board which was a public meeting and the ordinance was discussed in great detail. There were changes made as a result of that meeting and the Planning Board agreed to keep the discussion going. Trustee Daly questioned if they need to reach a decision by a certain period of time. Mayor Cresenzi replied no, because without a law in place, the clock never starts running and they have since changed their opinion and they are not hearing it until the Village Board passes the amendment to the Zoning Code because they cannot hear the project or proposal because there is no ordinance to deal with it. Trustee Zuckerman requested that the Village Attorney review the changes that were made. Mayor Cresenzi stated that there was already a motion to adjourn the public hearing. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE NEXT MEETING DATES AGENDA MEETING - TUESDAY, MAY 11, 1993 REGULAR MEETING - TUESDAY, MAY 25, 1993 10 April 27, 1993 004741 Trustee Daly stated that we received a letter regarding the Merritt and Holby property, which stated that the building will be approximately 35 feet from the property line and originally the building was supposed to be 70 feet from the property line. She questioned if that was correct. Mayor Cresenzi replied that it was incorrect and added that Mr. Circosta reviewed the information that we have on file and assured him that the Building as we have shown on the drawings was not moved or relocated. There was a number of 70 or 75 feet mentioned that had to deal with the new building as a distance from the existing homes, not from the property line. Trustee Solomon stated that he spoke to various residents in the area and they were upset because the Bowling Alley was 70 feet from their property line and this new building is going to be 45 feet from their property line and since it is so much closer, they were hoping that Merritt and Holby would extend the fence up a little more so that they would have more privacy. Trustee Zuckerman stated that the letter stated that the building is going to be 35 feet from their homes, it is going to be 75 feet from their homes, but 45 feet from the property line. The residents are requesting that the fence portion be increased to 15 feet. Trustee Zuckerman questioned how high the fence was according to the plans. Mr. Circosta stated that the fence varies as part of the wall and is between 4 and 6 feet. Mayor Cresenzi stated that he recalled it to be between 4 and 7 feet. Trustee Zuckerman stated that the residents mentioned from the top grade. Mr. Circosta stated that if they are referring to the top grade, the higher elevation would be the Merrit and Holby property. Mayor Cresenzi stated that during the Public Hearing, a long discussion took place regarding the fence height and safety implications regarding a truck with a brake problem. This was already discussed, the building has not been re-located, it is being built according to the plans that we approved. 18. PROCLAIMING MAY 9TH - 15TH9 1993 AS POLICE WEEK On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION PROCLAIMING MAY 9TH - MAY 15TH, 1993 AS POLICE WEEK WHEREAS, on October 1st, 1962, former President of the United States, John F. Kennedy was authorized to issue a proclamation designating May 15th, of each year, as PEACE OFFICERS' MEMORIAL DAY; and 11 April 27, 1993 004744 WHEREAS, the Village of Rye Brook Police Department wishes to acknowledge the above dates and participate by having an open house at Police Headquarters on Sunday, May 9th, 1993 from 12:00 noon to 3:00 p.m. and again on May 10th from 12:00 noon to 3:00 p.m. Sunday open hours will be for the general public and Mondays open hours will be for field trips from the schools. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook officially proclaims the week of May 9th - May 15th as POLICE WEEK for the Village of Rye Brook. Chief Santoro informed the Board that he would contact the schools upon receiving the approval of the Board. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Solomon questioned if Mr. Circosta had any new information regarding Meadowlark Park. Mayor Cresenzi explained that Allan Bader is meeting with the insurance company on the site today and we will discuss this issue at the May Agenda Meeting. Trustee Solomon questioned if we could get a report from the Telecommunications Commission. Mayor Cresenzi directed Administrator Russo to contact Peter Bernbaum, Chairman of the Telecommunications Commission to attend a future meeting and give a report on new Cable Franchise Regulation`s. ADJOURNMENT There being no further business to come before the Board, Mayor Cresenzi adjourned the Meeting at 9:00 p.m. Respectfully submitted, Elizabeth Bottali Secretary to the Village Board 12