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HomeMy WebLinkAbout1993-05-25 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING MAY 25, 1993 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. LOCAL LAW #3-1993 ENTITLED: A LOCAL LAW REPEALING SECTION 66-7 (E) OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK AND SUBSTITUTING A NEW SECTION 66-7 (E) REGARDING PLANNING UNIT DEVELOPMENT DISTRICTS RESOLUTIONS 2. ACCEPTING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 3. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH KOREAN PRESBYTERIAN CHURCH OF WESTCHESTER RE: USE OF SWIMMING POOL FOR DAYCAMP 4. AUTHORIZING MAYOR TO RENEW AGREEMENT R WITH WESTCHESTER URBAN COUNTY CONSORTIUM i 5. CHECK REGISTER REPORTS 6. PETER J. BERNBAUM, CHAIRMAN ADVISORY BOARD TELECOMMUNICATIONS RE: NEW FEDERAL REGULATIONS APPROVAL OF MINUTES 7. FEBRUARY 23, 1993 8. MARCH 9, 1993 9. MARCH 23, 1993 NEXT MEETING DATES JUNE 8, 1993, 8:00 P.M. - AGENDA MEETING JUNE 22, 1993, 8:00 P.M. - REGULAR MEETING COME TO THE RYE BROOK'S 11TH BIRTHDAY CELEBRATION SATURDAY, JUNE 199 1993 2:00 P.M. - 6:00 P.M. CRAWFORD PARK 00476 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES f i VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MAY 25, 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: f Mayor Salvatore M. Cresenzi Trustee Michele 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. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Elizabeth Bottali, Secretary to Village Board Chief of Police, Robert J. Santoro and Village Treasurer, Joseph Cortese were not in attendance at this meeting. i i May 25, 1993 004768 REPORTS 1. PETER J. BERNBAUM, CHAIRMAN ADVISORY BOARD TELECOMMUNICATIONS RE: NEW FEDERAL REGULATIONS Mayor Cresenzi introduced Peter Bernbaum, Chairman of the Telecommunications Commission. Mr. Bernbaum stated that he wanted to discuss the status of Cable Franchise negotiations and to alert the Board of Trustees of certain aspects of the new Cable Act which will impact on the Village of Rye Brook within the next thirty to sixty days. Our current franchise with T.C.I. Cablevision of Westchester expires on December 31, 1993. Currently, along with other area municipalities, we are negotiating a new franchise agreement which will probably be for a period of 10 years, commencing on January 1, 1994. The five person Committee, having access to certain consultants, has put together a working first draft and is working closely with the State of New York. In addition, we have interviewed various personnel, conducted an extensive survey of the Studio and have put together an extensive budget and/or wish list of things we need. According to the State of New York, we are on schedule and should have a new franchise negotiated and signed by the end of the year. If we do not, the current franchise will be extended on a month to month basis until the new franchise is executed. With regard to the Rate Regulations, the Federal Communications Commission sent us quite a bit of documentation for our review. The law has shifted because there has always been a balance between who controls the rates for Cable Television particularly what is known as basic rates and until very recently, that power was taken away from the Municipalities. Rate regulations have now been given back to the Municipalities who wish to assume it, which is known as basic services. The Cable Rates under the new law will be regulated in one of several ways. The municipalities will have the ability, under a detailed formula, to regulate the basic rates, which is basic service including public access, informational access, governmental access and all the television channels. Cable programs other than paperview and the movie channels, which are not regulated, will be regulated by the Federal Communication Commission but they will use the same formula that the Villages will use. If we want to have the authority to regulate basic rates, the Village along with the Telecommunication Commission must certify to the Federal Communication Commission that we are capable of doing so. We must certify that we will adopt a set of regulations consistent with those that were adopted by the Federal Communication Commission. We must certify to them that we have the legal authority to adopt and to control the rates. We must certify that we have the budget, personnel and ability to administer the rates and to know whether our rates are excessive. We will then have to adopt rules for hearing views of third parties with respect to rates and we can only regulate rates as long as there is no competition. The certification can be submitted as early as the end of June which means that discussion should take place about how we are going to meet that criteria. The State of New York will provide us with information as to how similar communities are meeting the criteria, which will be forwarded to the Village Board. Mr. Bernbaum stated that the more control that we have over rates, the better we will be able to deal with the complaints that we have. After much research, we have found that we do have the facilities within this Village and are organized to regulate our own rates. We have a lot of expertise in this Village and we have many options to discuss. Trustee Zuckerman questioned if we should consider sharing services with other communities. 2 f f ®04763 f May 25, 1993 i Mr. Bernbaum stated that the costs for every community will be different because the franchise requirements are different, for example, one community may have a studio and another may not. Administrator Russo stated that prior to 1984, municipalities were regulating basic service and the pattern that T.C.I. and UA Columbia used to follow was that it was more productive for them to go to each Community one by one and the municipality would hold a public hearing and change the rates. Mr. Bernbaum stressed the importance of becoming certified as soon as possible. Trustee Zuckerman questioned if competition meant another cable franchise or the other computer technologies. Mr. Bernbaum stated that the Federal Communication Commission states that effective competition is measured by all sorts of technology which can successfully compete against cable. In communities where there was effective cable competition the rates were approximately 10% lower. At any time now or in the future that law can change because other technology would be considered competition. A resident inquired if it would be better to get less than a 10 year franchise and what is to stop other companies from coming in. Mr. Bernbaum stated that the way the law is structured currently, it is very hard to get rid of a cable company. In all probability, an attempt to remove T.C.I. as our cable operator would not have been successful. We are asking for certain equipment and budget to be given to the schools, police, recreation, studios and government. They are more likely to give us these things knowing that they are making a ten year investment. We are doing our best to negotiate according to the State and are doing the best we can to get the best deal for Rye Brook. A resident complained that the Government Access Channel is too loud. Mr. Bernbaum stated7 that we are hoping to have this building completely re-wired to provide much better acoustics. Four years ago, Village Board Meetings were never on Cable and this is a big step that we have taken. Mr. Bernbaum thanked the Board for allowing him the opportunity to speak. Mayor Cresenzi introduced newly appointed Recreation Leader Robert Bertolacci, and welcomed him back to the Village of Rye Brook. RESOLUTIONS 2. ACCEPTING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 3 May 25, 1993 004"'70 On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND RESOLVED, that the donations in the accompanying list are hereby accepted for the Anthony J. Posillipo Community Center Reconstruction Fund. ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND NAME DONATION Joy Kundmueller $250.00 35 Avon Circle Rye Brook, NY 10573 Michael & Jean Mendicino $100.00 81 Hillcrest Avenue Rye Brook, NY 10573 Ernest & Dorothy Cairo $100.00 2 Bobbie Lane Rye Brook, NY 10573 Dolores Reynolds $50.00 87 Avon Circle Rye Brook, NY 10573 Nicholas Incorvaia $25.00 249 Betsy Brown Road Rye Brook, NY 10573 Total...........................................$525.00 Total to date in Reconstruction Fund....$7410.00 Trustee Pellino questioned how much the Village earned from the Human Race. 4 004771 May 25, 1993 Lori Ann DeMarco, Ass't to Village Administrator, stated that our gross is expected to be $3,500.00. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH KOREAN PRESBYTERIAN CHURCH OF WESTCHESTER RE: USE OF SWIMMING POOL FOR DAYCAMP On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AUTHORIZING CONTRACT WITH KOREAN PRESBYTERIAN CHURCH OF WESTCHESTER FOR USE OF ITS SWIMMING POOL FOR THE 1993 DAY CAMP RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with the Korean Presbyterian Church of Westchester, 901 Pelhamdale Avenue, Pelham, NY 10803 for the use of it's swimming pool for the 1993 Rye Brook Day Camp at no fee, but with the Village responsible to prepare and maintain the pool area and grounds; and it is May 25, 1993 FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Daly questioned who would be maintaining the pool. Thomas Hroncich, Superintendent of Recreation & Parks, explained that we hire a contractor to prepare and maintain the pool and the grounds. Trustee Zuckerman stated that there is no provision in this agreement regarding the Presbyterian Korean Church and their insurance. Attorney Powell stated that this agreement is based on the agreement of the previous year without any major changes. We could ask for a certificate of insurance, however it is appropriate enough that they are not charging the Village a fee for the use of the pool and are also not making us responsible for any damage to the pool. Trustee Zuckerman questioned what would happen if there was an injury caused by the pool. 4 5 0041'72 May 25, 1993 Administrator Russo stated that it may be covered in the agreement already. Trustee Zuckerman read the paragraph pertaining to personal injury. He questioned what would happen if there is negligence on the part of the property owner that should be covered by insurance. He suggested that we should have a copy of their Certificate of Insurance. Attorney Powell stated that we could request that of them, but they could say no. Trustee Solomon stated that the overall savings on this agreement is roughly $1,800. Mayor Cresenzi stated that we could make that request of them after passing the resolution. Trustee Zuckerman stated that if someone is injured, they are going to sue the property owner and the Village and if the property owner does not have insurance and they were at fault, the Village will then be sued. Trustee Pellino questioned when Daycamp opens. Mr. Hroncich replied that Daycamp begins on July 6th. Trustee Pellino questioned if we could table this matter until the June 8th meeting. Trustee Daly stated that this agreement is the same as the agreement from last year, so all we 4 need to do is request a copy of their insurance. Trustee Zuckerman stated that we should add into the agreement that they are to provide us with a certificate of insurance. Attorney Powell stated that this is a policy issue to pursue the insurance with the Church, however when you have a situation where the church is essentially donating the use of the property, asking the church to produce their insurance may not be received well. Trustee Zuckerman stated that he does not wish to offend the church,just to protect the Village. Mayor Cresenzi suggested that we pass the resolution so the daycamp has positive direction as to where we are going and then work this out with the Church's Attorney to obtain a copy of their certificate of insurance. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6 May 25, 1993 0 GA 77 3 4. AUTHORIZING MAYOR TO RENEW AGREEMENT WITH WESTCHESTER URBAN COUNTY CONSORTIUM On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO A CONTRACT WITH WESTCHESTER COUNTY FOR THE PURPOSE OF UNDERTAKING A COMMUNITY DEVELOPMENT PROGRAM WHEREAS, the Secretary of Housing and Urban Development of the United States is j authorized, under Title I of the Housing and Community Development Act of 1974 as amended, i to make grants to states and other units of general local government to help finance Community Development Programs; and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to fany municipal corporation the power, either individually or jointly with one or more municipal corporations, to apply for, accept and expend funds made available by the Federal Government, ! either directly or through the State, pursuant to the provisions of any Federal law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation; and WHEREAS, the Community Development Act of 1974 as amended, and any "Eligible Activities" thereunder are not inconsistent with the statutes or Constitution of the State; and WHEREAS, a number of municipalities have requested Westchester's participation, and the County of Westchester has determined that it is desirable and in the public interest that it makes application for Community Development Block Grant funds as an Urban County; and WHEREAS, participation by the County of Westchester as an Urban County in the Community Development Program required that the Village of Rye Brook and the County of Westchester cooperate in undertaking, or assisting in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution. WHEREAS, this Board deems it to be in the public interest for the Village of Rye Brook to enter into a Cooperation Agreement with the County of Westchester for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED, that Salvatore M. Cresenzi, Mayor be and hereby is authorized to execute a Cooperation Agreement between the Village of Rye Brook and the County of Westchester for the purposes of undertaking a Community Development Program pursuant to the Housing and Community Development Act of 1974 as amended. 7 i May 25, 1993 004774 Mayor Cresenzi suggested that Lori Ann DeMarco, who is the individual active in securing the grant monies, explain what this program means to the Village and what funding we received. i Ms. DeMarco stated that the Village of Rye Brook has been an active member of the Westchester Urban County Consortium since 1987. The number of municipalities that are members of the consortium on some level dictates the amount of money on a Federal level that the County will receive and administer to local governments. It is also a program that takes population into account. Through this program grant applications were submitted for money to support the reconstruction of the Anthony 1. Posillipo Community Center. We have been very fortunate that in 1991 we were awarded $200,000 and we recently applied for supplemental monies and received an additional $150,000 for the Posillipo Center. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. 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: 6718-6769 (92-93 Fiscal Year) 6771-6783 (93-94 Fiscal Year) Payroll Checks: 10053-10148 Environmental: 380 Recreational Trust: 112-114 Capital: 2027-2029 Manual Checks Capital: 2024 Manual Checks: 6521, 6523 & 6716 Birthday Run: 2002 NOW, THEREFORE, BE IT 8 f004775 May 25, 1993 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 6. AWARDING CONTRACT #9302 - GENERAL CONSTRUCTION FOR THE RECONSTRUCTION OF THE ANTHONY J. POSILLIPO COMMUNITY CENTER Mayor Cresenzi explained that this is very important because it will give us the necessary time period to begin the project and qualify for our first $100,000 from the County which we would have to have in place by August 31, 1993. This is the low bid and the best deal the Village was able to get. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: '4 RESOLUTION i AWARDING CONTRACT #9302 GENERAL CONSTRUCTION FOR THE RECONSTRUCTION OF THE j ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Village of Rye Brook conducted a competitive bidding procedure on Contract #9302 for general construction work on the Anthony J. Posillipo Community Center; and WHEREAS, 11 bids were received on this contract which bids were publicly opened and read aloud on May 4, 1993; and WHEREAS, Marathon Orbit Co. Inc. submitted the lowest bid; and WHEREAS, the Village of Rye Brook has determined that the Contract be awarded based upon the inclusion of Alternate 1 (Full basement) and Alternate 2 (multi-purpose room, roof, ceiling and divider); as follows: Base Bid: $588,800 Alt 1 (full basement): $ 38,900 Alt 2 (Multi-purpose room, roof, ceiling and divider): $ 44,600 NOW, THEREFORE, BE IT 9 f004776 May 25, 1993 RESOLVED, that Contract #9302 (General Construction) is awarded to Marathon Orbit Co. Inc., 78 Westchester Square, Bronx, New York 10461 based on the inclusion of Alternate 1 and Alternate 2 for the total sum of$672,300.00; and it is FURTHER RESOLVED, that the Mayor is authorized to execute all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Zuckerman pointed out that this is the first of four contracts, three of which have not yet been awarded. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES j 7. FEBRUARY 23, 1993 8. MARCH 9, 1993 9. MARCH 23, 1993 On Motion made by Trustee Pellino, seconded by Trustee Solomon, the Minutes of February 23, 1993, March 9, 1993 and March 23, 1993 were approved as amended. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 11. RESIDENTS OF WESTVIEW AVENUE RE: MERRITT & HOLBY Administrator Russo read a letter from the residents of Westview Avenue regarding the Merritt & Holby project, which questioned the date the site plan was approved. Mr. Benvenuti stated that the Building permit should be revoked because they have not even completed the driveway interconnect. 10 004777 May 25, 1993 Mayor Cresenzi stated that Merritt & Holby applied for the interconnect within the 90 day time frame, so the site plan and the Building Permit were approved. Mr. Benvenuti stated that he applied for the interconnect and now he has ceased. He is making fools of this community just like he has always done, even without Bruno Gioffre guiding him. Mr. Circosta stated that the primary concern right now is pedestrian access to that site. Mayor Cresenzi stated that had Warren Holby not mentioned this in passing during a public hearing regarding this site plan approval, this wouldn't have been tagged onto the resolution. It was added that evening. It was Mr. Holby's idea. This project, from a traffic point of view is a sound project. Mr. Benvenuti stated that he looked at the final site plan and it shows the parking area pass through in place. It shows that he could be short of parking spaces. Trustee Pellino stated that we discussed at the last meeting that the parking spaces in the underside of the new building were to remain there as was the storage and that was to be the [ only use of that downstairs building until such time as he made application to come back to the Village to make some type of an alteration. Mr. Tanzilli stated that at the Planning Board Meeting, Merritt & Holby wanted to discuss the Gymboree but Mr. Strum refused to discuss the Gymboree. Mr. Circosta added that Mr. Merritt was informed that the Village Board would handle that issue at the time they handle the interconnect. Trustee Zuckerman stated that Merritt& Holby may not get a Certificate of Occupancy until the driveway interconnect is complete. He questioned if the Planning Board received the Frederick P. Clark Memo prior to its last meeting. Mr. Circosta replied yes. The Planning Board was concerned about any pedestrian incidents so there was a question of whether the sidewalk was going to follow the road and cross at the Bank Teller window and Mr. Merritt had proposed that the sidewalk be extended along South Ridge Street from the new shopping center to the main entrance of the existing shopping center. Mayor Cresenzi directed Attorney Powell to write a letter to John Merritt and relay to him the feelings of the Board in writing. PUBLIC HEARING 11. LOCAL LAW #3-1993 ENTITLED: A LOCAL LAW REPEALING SECTION 66-7 (E) OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK AND SUBSTITUTING A NEW SECTION 66-7 (E) REGARDING PLANNING UNIT DEVELOPMENT DISTRICTS 11 0047'7x3 May 25, 1993 Mayor Cresenzi opened the Public Hearing at 9:10 p.m. Trustee Pellino explained that the Planning Board, at their May 11, 1993 Meeting, did not recommend the changes proposed for the PUD ordinance, feeling that the PUD in its current state was working well and they furthermore requested that the Board of Trustees continue discussing means to allow for the PUD Zones to be applied for properties South of the Hutchinson River Parkway. Trustee Solomon stated that he received a memo from Frederick P. Clark and Associates and asked Trustee Pellino to comment on it. Trustee Pellino stated that since the first night of this public hearing back in March, the Zoning Code Update Committee has responded to the request of the Mayor to have the committee begin looking into the possibility of extending the zone or coming up with another type of PUD Ordinance for parcels of 30 acres or less. The Committee doesn't feel that the intended purpose of the original PUD would be served on such small parcels but we can find a way to come up with a PUD type of ordinance for those kinds of instances. The Zoning Code Update Committee is dealing with the suggestion of the Planning Board regarding the area South of the j Hutchinson River Parkway. f Trustee Solomon stated that he has two copies of the May 17th Frederick P. Clark Memo, as he received it in his Board Box as well. We seem to be duplicating many copies. The Office staff should make sure that once we have a copy of something, we don't receive four or five more copies. i Lori Ann DeMarco stated that we wanted to make sure that the Board received that information so we put it in the Board Boxes and further thought that it would be most efficient if we included it into your packet so that you could review that material over the weekend when reviewing the PUD Public Hearing material. Trustee Zuckerman questioned what the most recent PUD development was. Trustee Pellino replied that Arrowwood was the most recent PUD and at the time, there were members of the Planning Board, myself included wanted that project to not be as close to Anderson Hill Road as it ended up being. The proposed PUD would set back developments at least 150 feet which would give a lot better buffer area for people driving through on Anderson Hill Road, would mitigate noise from traffic, allow for better buffering in terms of landscaping and would give a much nicer green appearance. One of the problems that we had was that we did not have this ability to present the Village with that kind of scene when driving by this development. Mayor Cresenzi stated that he agreed with Trustee Pellino about the noise buffer, but overall, the homes at Arrowwood are very attractive. 12 00477J May 25, 1993 Trustee Pellino stated that in the event the County plans on doing anything with Anderson Hill Road in the future, the additional setbacks would provide a sufficient buffer for that kind of activity to take place at any time in the future. Mayor Cresenzi stated that the density at Arrowwood is 138 units around the Golf Course and had they just provided a PUD not around the golf course, in other words, not maintaining the open green space in between, 150 feet would not be a problem as they also included the added space in between. You may win something for the people who drive by the PUD, who may not be residents of the community but by putting this high of a restriction on the road frontage, you could hinder the internal development of the open space inside also. Trustee Pellino stated that positive points of a PUD development are receiving mixed use in the form of residential, light retail and office. The developer is also receiving a density bonus up to six units per acre. Basically, in exchange for that increased density, the Village should get something in return, such as the open space in the front. Trustee Solomon questioned why they did not approve of the proposed law. He felt that a memo was not good enough and wanted to know what they found fault with. Mayor Cresenzi questioned if their comments would be reflected in the Planning Board minutes. Mr. Circosta stated that at the meeting, discussion took place on what they found fault with in the revised PUD. They wanted to see the comparison of the existing PUD and did not have anything to relate the changes to. At their next meeting, they received a memo from Bernard Klem, who was Chairman of the Zoning Code Update Committee which depicted the old and new law and the changes that took place. They decided that we should not change the present PUD law as it was satisfactory. They did discuss the issue of allowing PUD's south of the Hutchinson River Parkway. Mayor Cresenzi stated that the subject of PUD's south of the Hutchinson River Parkway was not before them. Trustee Pellino stated that he disagreed with the reasoning of the Planning Board and added that we should be progressive and think longterm for the future. Trustee Zuckerman stated that Trustee Pellino went through this law in great deal at the last public hearing. There are substantial changes between the old law and the new law, including the procedure to be followed, which is very important. It took the Zoning Code Update Committee a number of years to gather this information and it is very unfair of the Planning Board to have spent such a short amount of time on such a potentially important law. This law is required by law to be referred to the Planning Board and I think that they owe the Zoning Code Update Committee and the Board of Trustees the consideration of discussing and considering this law in a substantial matter. 13 May 25, 1993 Trustee Solomon stated that we rely on our Planning Board and he is very angry that the Planning Board threw this back in his lap without giving him something to discuss so he could intelligently make a decision. He referred to the camera and stated Planning Board, if you are watching, you didn't do you job and you should hang your heads. Trustee Pellino stated that in reference to Mayor Cresenzi's question of a prior meeting in reference to the buffer areas, item #3, on page 3, he suggested that we consider deleting #3 and rewording #2 to simply say no less than 100 feet along the property line abutting any other district and that would substantially relieve the Mayor's concerns while keeping our buffer concerns intact and not significantly restrict the developer. He then gave credit for all the long hours of hard work on this law to the current members of the Zoning Code Update Committee Dan Paniccia, Gerry Appelbaum, Mark Harmon, Ken Brown, former members Jane Saffir Smith and Bernard Klem, Lisa Teitelbaum and Tom Gissen from Frederick P. Clark and Associates. Mayor Cresenzi suggested that we close the public hearing and adopt the law as amended. Attorney Powell stated that at the last meeting, various members of the Board commented on changes, but there was not vote taken, so they have not been put into the local law. Also, Administrator Russo would have to make an Negative Environmental Declaration and then have the law put into final form. Trustee Pellino directed Attorney Powell to make the necessary changes in lettering and numbering. He added that the issue of accessory uses about the size of buildings, which was brought up by both Trustee Zuckerman and Mayor Cresenzi, and it really depends upon the project brought before, so it is difficult to place limits on garages, etc and we should leave that for a specific site plan review. Trustee Solomon questioned if we could get into trouble with something like that. Trustee Pellino stated that he did not think so because the Planning process will cover that issue and get rid of them before they come to the Village Board. Attorney Powell briefly reviewed the various changes made by the Board of Trustees at the last public hearing. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the public hearing was adjourned at 9:50 p.m. until the June 8, 1993 Village Board Meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14 f 004781 i j May 25, 1993 NEXT MEETING DATES JUNE 8, 1993, 8:00 P.M. - AGENDA MEETING JUNE 22, 1993, 8:00 P.M. - REGULAR MEETING Mayor Cresenzi reminded all residents that the Rye Brook Birthday Celebration is Saturday, I June 19, 1993 from 2:00 p.m. to 6:00 p.m. at Crawford Park and all are welcome. Trustee Solomon stated that he attended a meeting regarding the World War 11 Commemorative Communities where he and Trustee Zuckerman are members of that committee which is honoring the 50th anniversary of World War II, the American Legion presented the Village of Rye Brook with a flag to put on our pole on Hawthorne Avenue in honor of Memorial Day. Trustee Solomon announced that through the Council of Community Services of which he and Trustee Daly are members, they are sponsoring a speak out on Thursday, June 17, 1993 at the Rye Town Court at 10 Pearl Street from 6:30 p.m. to 9:00 p.m. Present will be Congresswoman Nita Lowey, Senator Suzie Oppenheimer, Assemblyman Ronald Tocci and County Legislator Martin Rogowsky as well as many other members of the elected officials of the area. Trustee Solomon added that he would like to sit and discuss rezoning of Hawthorne Avenue and have this on the Agenda as soon as possible. Mayor Cresenzi stated that with regard to the issue of Hawthorne Avenue, Tom Gissen from Frederick P. Clark & Associates has been looking into that matter for a few weeks and will be working on a memo to the Village Board for distribution and we will also be finalizing the Zoning Map. Trustee Solomon questioned if we have received any information about New York American Water. Administrator Russo stated that we are having a meeting with Joel Dichtor next week to discuss the status on New York American's filing with the New York State Public Service Commission on labor charges. Trustee Solomon suggested that we put all resolved matters on Cable T.V. for the residents to see. Trustee Daly questioned what is going on at the Ceraso property as Mr. Ceraso has mentioned to certain members of the Board that he has been given a hard time about his property. Mayor Cresenzi questioned if there have been any applications in front of any of the Board's regarding that property. Mr. Circosta replied that no applications have been made yet. Mayor Cresenzi stated that we should not even be discussing this matter if no applications have even been made. 15 V,' 1 i 82 fMay 25, 1993 I Mr. Circosta stated that he wrote Mr. Ceraso a letter on May 11, 1993 stating that the bond would not be released until certain items are complete, which included the grading of the property and seeding of the stripped areas, repairing any damage that may have occurred during the demolition to the five foot fence, and replace all trees along the fence that were removed from the site. As of this date, we have not heard from Mr. Ceraso. Trustee Zuckerman questioned if it was a cash bond. Mr. Circosta stated that it was a $2,000.00 cash bond. Trustee Zuckerman questioned why he had to seed the property. Mr. Circosta stated that since no applications or proposals have been made, we do not know how long that property is going to sit in that condition and we were concerned about the erosion of dirt if there is no vegetative cover on it. There could be dust so we have asked to seed it until an application is made. Trustee Zuckerman questioned if he could put blacktop over it. Mr. Circosta stated that blacktop is not a permitted principal use in a residential district. It is permitted as an accessory use for the parking in a residential district and that is what the property is presently zoned as. Trustee Zuckerman stated that he did not say he was going to park a car on the property, he questioned if there would be any objections to putting blacktop on it and not parking any cars on it. Mr. Circosta stated that he would have to refer that to legal counsel. Mayor Cresenzi stated that he would object to someone removing a home in a residential area and then paving it with asphalt. Trustee Zuckerman stated that he is trying to make a point that there is a potential controversy brewing and he is aware that several residents have approached the building department with complaints about what is going on and before the Village issues any summonses, I would urge all parties, the property owner, the Village Attorney and the Building Department, to sit down and find out where each person stands before we have any battles in court. Mr. Circosta added that the letter clearly states that if there are any questions, please contact this office but instead, Mr. Ceraso chose to contact the Village Board members and if you are concerned about wasting Village Board time, this office is open between the hours of nine and five. 16 uc;TW May 25, 1993 Trustee Zuckerman stated that with all due respect, all the Trustees get calls on the telephone, when we are in the Village or are even approached when we are getting gas and that is part of our job. He added that he agrees that the property owner should contact the Building Department and try to come to an understanding before it goes any further. Frank Grippo of 10 Division Street stated that if he wanted to put a house on the property, that would be fine, but he has cut down trees and because of this, the quality of life in this neighborhood has been drastically disturbed. Mr. Wells, 15 Division Street stated that from his home, all he can see is cars and the gas station, which he has never seen before. Trustee Zuckerman stated that the property owner will have to do what the law requires. Mr. Wells questioned if the zoning can be changed. Mayor Cresenzi stated that if it is residential it can be changed. He would have to follow a procedure and apply for a change of zone on that property and every resident 200 feet from that k property would have to be notified. Trustee Solomon questioned how many cars could be parked on that piece of property currently, according to the law. i Mayor Cresenzi replied that no cars could be parked on that property. He asked Mr. Circosta to prepare a visual inspection of the approved site plan that is currently on file and verify if there have been any deviations from the existing site plan for the June Village Board Meeting. Jules Harris questioned how many lots are there that could qualify as PUD's with a minimum of 30 acres. Mayor Cresenzi stated that what we discussed this evening, would be north of the Hutchinson River Parkway and that would be Blind Brook Country Club and High Point Hospital and so far, there are no applications before the Board. Mayor Cresenzi added that the largest parcel of land is the Red Roof Farm, which is roughly 22 acres. Trustee Solomon questioned if we have gotten any maps or surveys on Meadowlark Park yet. Mr. Circosta stated that surveys have not been found on Meadowlark Park. If the Board wishes, we can seek proposals on that. Trustee Pellino questioned if the survey was completed for Rye Hills Park. Mr. Circosta stated that the surveyors have been working, but we have not received any maps yet. Trustee Solomon questioned how many parks do not have surveys. 17 i 0104784 May 25, 1993 Mr. Circosta stated that currently, we are only working on Rye Hills Park and we have quite a few other parks which have not yet been searched. Trustee Solomon questioned if we have a survey of Harkness Park. Mr. Circosta stated that Harkness Park has just been completed. Mr. Harris thanked Trustee Solomon for bringing up the matter of Meadowlark Park. A while back a letter was written by Mr. Circosta where fencing was considered practical because both sides of the area in question were Village land. We know where the boundary of the Passerelli land is so we could put up a fence if that's what is called for. j Mayor Cresenzi stated that we are waiting to hear from our Risk Manager regarding this issue and once we do, we will deal with it. Donald Brown of Bishop Drive stated that the bushes on King Street need to be trimmed. On the corner of Loch Lane there are overgrown pine trees on the sidewalk. At the north side of the Messina property, the grass is 3 feet high and the South side is very neat. Along the fence at the Perlman property the bushes are dead and he questioned who is responsible for that. i Mr. Circosta stated that the developer was contacted about the dead bushes and the new owner will take care of that problem. Trustee Zuckerman questioned if we have any new information from the Environmental Protection Agency. Administrator Russo replied no. Trustee Zuckerman questioned if we have any new information regarding the Hutchinson River Parkway reconstruction. Administrator Russo replied that he set up a meeting with Mike Galante regarding that issue. Trustee Zuckerman stated that 911 will be going into effect on July 12, 1993. Regarding house numbering, we should make sure that we are in compliance with the requirements of number display, etc. We should be prepared to find out which homes in the Village present a problem under the 911 system or under the house numbering law. Mr. Circosta stated that we still have some problems with regard to sequential numbering. Trustee Zuckerman stated that one tree was burned at Beechwood Circle and questioned if the others are being removed. Mr. Circosta replied yes and added as a point of information, that a contractor will be resurfacing Hillandale Road tomorrow and there will be work on various driveways done so we will be notifying the property owners of what is going to take place. 18 004"7€3 May 25, 1993 Trustee Zuckerman questioned if it would be possible to widen the road on King Street near the high school a couple of feet going south because many times when the light is red and then turns green, the traffic backs up because of making left turns onto Glenville Road when they are a little over from the edge and it looks like they need about two more feet to get a car passed on the right side which would probably alleviate some of the traffic burden by moving the curb and paving over there. Administrator Russo stated that King Street is a State road, so we would need to get their permission. Mayor Cresenzi directed Administrator Russo to ask Mike Galante to contact the State as they promised us a "No Turn On Red" sign from Glenville Road to King Street. The light is controlled by the State of New York and it was our own Police Department that recommended to the State that the sign be removed. ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the Meeting was adjourned into Executive Session at 10:20 p.m. to discuss Personnel Matters. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE r Respectfully submitted, f Elizabeth Bottali Secretary to the Village Board 19