HomeMy WebLinkAbout1992-05-26 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
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BOARD OF TRUSTEES
REGULAR MEETING
MAY 26, 1992
8: 00 P.M.
PLEDGE OF ALLEGIANCE ACTION
PUBLIC HEARINGS
1. ADOPTION OF LOCAL LAW #1-1992
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 . ADOPTION OF LOCAL LAW #2-1992
ENTITLED: "NUMBERING OF BUILDINGS. "
3 . MERRITT & HOLBY ASSOCIATES
200 SOUTH RIDGE STREET
SECTION 1, BLOCK 22 , LOT 4AA. 2A2
SITE PLAN APPROVAL
RESOLUTIONS
4 . MOBIL OIL, INC.
105 SOUTH RIDGE STREET
SECTION 1, BLOCK 23 , LOT 1A-2B, 3 & 4
SITE PLAN APPROVAL
5. ANGLICAN CHURCH OF THE ADVENT
COMLY AVENUE
SECTION 1, BLOCK 8, LOTS 4b-2
FINAL SUBDIVISION APPROVAL
6. CONSIDERING MUNICIPAL POOL COMPLEX
PROPOSAL
7 . APPOINTING ACTING ASSESSOR
8 . AWARDING CONTRACT #9203
STREET LIGHTING MAINTENANCE
9 . LIBRARY APPROPRIATION 1992-1993
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10. SUPPORTING AUXILIARY POLICE LEGISLATION
11. ESTABLISHING FINE FOR ALCOHOL
CONSUMPTION ON SCHOOL/VILLAGE
PROPERTY
12 . APPROVAL OF BILLS
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13 . CHECK REGISTER
h WRITTEN COMMUNICATIONS
14 . STEVEN P. KANDILAKIS
RE: RESIGNATION OF RECREATION LEADER
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15. MICHAEL J. ARMIENTO POLICE COMMISSIONER
CITY OF NEW ROCHELLE
RE: POLICE OFFICER TERENCE WILSON
POLICE OFFICER GREG AUSTIN
16. JAMES J. HOGAN, WESTCHESTER COUNTY
DIRECTOR OF RESOURCE MANAGEMENT
RE: PAYMENT PROGRAM
RECYCLING INCENTIVE
17. THOMAS NARDI
RE: RYE BROOK PLUMBING BOARD
18. MICHAEL HAY
RE: RYE BROOK PLUMBING BOARD
19 . FREDERICK C. SCHMALING, SECRETARY
VETERANS CENTRAL COMMITTEE
RE: MEMORIAL DAY 1992
REQUISITION OF FUNDS
20. R. JEANETTE POOLE, GENERAL CHAIRMAN
PORT CHESTER/TOWN OF RYE
INDEPENDENCE DAY OBSERVANCE COMMITTEE
RE: REQUEST FOR FUNDS
j 21. ANTHONY J. MORANO, CHAIRMAN
COLUMBUS DAY CELEBRATION COMMITTEE
RE: COLUMBUS DAY PARADE
22 . PHILIP A. MONTARES, ASSOCIATE PRODUCER
FIREHOUSE FILMS
RE: FILMING REQUEST
DISCUSSION
23 . LOCAL LAW #3-1988 ENTITLED:
RESIDENTIAL LOT AREA COVERAGE
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APPROVAL OF MINUTES
24. MARCH 24 , 1992
25. APRIL 14 , 1992
26 APRIL 27 , 1992
27 . APRIL 28 , 1992
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MINUTES OF A REGULAR MEETING
BOARD OF TRUSTEES
VILLAGE OF RYE BROOK
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
j MAY 26, 1992
8: 00 P.M.
CONVENE MEETING
The Meeting was called to order by Mayor Cresenzi at 8 : 00 p.m. in
the Meeting Room and the Pledge of Allegiance followed.
Present were the following members of the Board:
Mayor Salvatore M. Cresenzi
Trustee Michele R. Daly
Trustee Joseph Pellino
Trustee Randy A. Solomon
Trustee Gary J. Zuckerman
Also present were:
Christopher J. Russo, Village Administrator
Lori Ann DeMarco, Asst to Village Administrator
Rocco V. Circosta, Director of Public Works
Police Chief Robert J. Santoro
Edward F. Beane, Village Attorney
Joseph Cortese, Village Treasurer
Thomas Gissen, Frederick P. Clark Associates
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May 26, 1992 004291
Mayor Cresenzi stated that the Board would deviate from it's agenda
this evening and convene the Public Hearing on Merritt and Holby
Associates.
3 . MERRITT & HOLBY ASSOCIATES
200 SOUTH RIDGE STREET
SECTION 1, BLOCK 22, LOT 4AA. 2A2
SITE PLAN APPROVAL
Mayor Cresenzi convened the Public Hearing on the shopping center at
8 : 05 p.m. He stated that he has heard that there is some discrepancy
regarding the plans the Board has tonight and the plans that were
approved by the Planning Board.
Gene Strum, Chairman of the Planning Board stated that he was informed
that the plans that the applicant has tonight do not reflect the
changes made at the Planning Board meeting where the approval of the
application was granted.
Mayor Cresenzi stated that the Board has the Planning Board Minutes and
the Memo from Frederick P. Clark, so they are aware of the changes.
Bruno Gioffre, attorney to the applicant, stated that the only changes
that were made in the plans were made at the direction of the Planning
Board. They recommended a possible improvement of the secondary means
of egress, which is that the emergency access to the rear be treated as
an emergency access rather than a means of direct access and, as a
consequence of that, it be indicated on the plans that this area be
closed off except for access by emergency vehicles and that there also
be a breakaway chain, or something to that effect included. Mr Gioffre
stated that the plan will reflect that. The second change was to
relocate the dumpster from the present location on Crescent Place to
the opposite side of the site which is the Rye Ridge Shopping Center
side.
Mr. Holby stated for the record that other than what Mr. Gioffre
stated, there have been no changes to the plan.
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Mr. Gioffre stated that the Rye Ridge Shopping Center is located on
South Ridge Street which is in a CiP zone, which comprises
approximately 2 . 42 acres which is 105 , 422 square feet. It meets, in
all respects, the application of the C1P standards of this particular
site. We are proposing to construct, at the ground level, a building
having a footprint which would house 25, 680 square feet and at the
basement level, an additional space of 8 , 025 square feet with access
from the rear. It will be one story from Ridge Street and would appear
as a one story colonial structure with a total site square footage of
33 , 705 . In addition, 8 , 025 square feet of this site will be in the
lower level . Discussions between the Planning Commissioner and the
Developer were had about long term intentions and questions relating to
storage, retail use and early questions about a bowling use. It was
finally accepted by the Planning Board and the developer that the
basement space would be continued for the time being as vacant as there
are no immediate plans for it. Any intentions to develop that lower
area would be done only by application to the Board and subject to the
appropriate hearings and controls of the Board.
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May 26 , 1992 00
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The code calls for 169 parking spaces and the site will hold 186 .
Thirty-seven of them are located beneath the building to the rear on
the lower level. Loading space requires 3 . 3 spaces and the provision
on the site is for 4 . This is a site which historically had a mixed
number of uses. The existing building is proposed to be removed,
therefore the minor retail uses that are presently there are all
proposed for removal and indeed the uses no longer exist on the site.
The site is now closed to the public and the building is closed as
well.
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One significant consideration that the Planning Board had in
considering this application was how access would be had to the site
and how safety features would be handled with respect to traffic
exiting and entering. It was ultimately determined that there be one
singular means of entrance and exit and that be at the middle of the
site, directly opposite Ellendale Avenue so that there would be minimal
hazard with respect to cars in the area and cars coming onto the site.
It was proposed that a traffic signal be placed at this juncture, paid
for by the developer, and the signalization of the signal to be
coordinated with the Bowman Avenue and Washington Park Plaza traffic
lights. The Board gave extensive consideration to many other features
such as landscaping, of which a plan and report was completed. That
plan has been enhanced substantially and the final action taken by the
commission was one that gave due recognition to the landscaping
enhancements and approved plans on the species proposed for placement
on the site.
Mr. Gioffre stated that considerable time and effort was given to the
lighting plan, primarily to make sure that there was not intrusion upon
the privacy and the use by adjoining property owners to the west or to
the south. The issue of fencing around the site, as well as to the
integrity of the barriers and the wall were given considerable effort
and time and a lot of input was received from the public. Wheel stops
are to be provided in the back, and the height of the fence above the
wall will provide privacy and safety. The wall will be approved in
it's ability to withstand the elements as well as the possibility of
vehicles .
The emergency access was finalized by saying that it was only for
emergency purposes and is not to be provided as a means of entrance and
departure to and from the site for general purposes. The dumpster will
be removed from the Crescent Place. location and will be placed on the
Rye Ridge Shopping Center side of the site. The plan accommodates all
the recommendations made by the Planning Board, Village Consultants,
and the public. The only remaining issue is the type of uses the site
will allow. They will all be code conforming retail uses . When the
site is approved, a specific user will then come and negotiate the
terms of his use and that is how the use can be determined. The
Planning Board also insisted upon a pedestrian walkway on the site,
from one end to the other, which the developer has agreed to. Mr.
Gioffre added that, in the past, extensive efforts were made to secure
the use of the site for a Bowling Alley. After months of effort and
contacting Bowling Alleys all around the area, there was no success
with respect to size, interest or the ability to make that particular
use work on the site.
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May 26 , 1992
Mr. Gioffre asked if there were any comments .
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Trustee Daly stated that she would prefer the wall in the back to
extend all the way across and end in the middle of Mr. Sabia's
property. She also questioned the height of that wall .
Mr. Holby stated that the wall goes to the middle of Mr. Sabia's
property. The height of the wall will be 6 feet high on the neighbors
side. It will be 32 inches above the pavement.
Trustee Daly stated that the neighbors would rather have 4 feet than 32
inches.
Mr. Circosta stated that the wall was also to protect the homes from
vehicles. The Planning Board felt that the wall was not only a
retaining wall, but would also prevent vehicles from entering the
property line. The intent of the Planning Board was to have that wall
continue through the Mitchell property.
Trustee Solomon stated that he is concerned that on the side where the
trucks will be loading, the concrete wall should go up to 4 feet to
prevent trucks from jumping that wall .
Trustee Zuckerman stated that we are not proposing raising the total
height of that fence, only the concrete portion of the fence on the
vehicular side where the Benvenuti home is. The residents fear that a
tractor trailer might lose their brakes and go through the fence.
There have been accidents there in the past. This would not alter the
total height of the fence.
Mr. Holby stated that he understands however, if you have 36 inches, it
would not increase the stopping power of the wall . If you get above
the axle of the truck, that would stop the truck, however if that is
the concern, we can add another 2 feet to the wall .
Trustee Daly questioned how many trees would be removed by putting up
this wall.
Mr. Gioffre stated that appropriate precautions will be taken to
protect the trees that exist and the fencing will be done in such a
fashion so that the integrity of those trees will be saved as much as
possible.
Trustee Daly stated that according to the plan, 6 trees are going to be
removed. She questioned if it would be possible to contour the wall in
such a manner so that it bends in at that point and comes back out so
as to save the trees behind the properties of Mr. Lanzilli and Mr.
Sabia.
Mr. Gioffre questioned if you would then get into a compromise as to
the integrity of the wall?
Trustee Solomon stated that another idea Trustee Daly had was to have
parallel parking along that wall and then move that wall in a couple of
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feet to save the trees.
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May 26, 1992 004294'
Mr. Gioffre stated that the Planning Board worked for a very long time
on this project, reviewing inch by inch of the site. He questioned if
the trees are of a sufficient size to be saved or should they just be
replaced.
Mr. Lanzilli stated that the trees are at least 25-30 feet tall and are
Maple Trees. One of the trees is on the line where the wall is
proposed to be built and the other one is right inside his property.
The wall is proposed to be an 18 inch thick concrete wall . When you go
down, you will hit roots all over the place.
Mrs. Lanzilli stated that the tree in her yard is the only barrier that
they have.
Mr. Lanzilli stated that the Planning Board said the wall should be the
length of the property, rather than stopping half way at Mr. Sabia's
j property. For safety reasons, this wall should extend the full length.
• Mayor Cresenzi stated that the Board agrees with Mr. Lanzilli .
Trustee Zuckerman referred to page 6 of the plans and questioned if the
fence is located behind the Mitchell property as well .
Mr. Gioffre stated that the fence is behind the Mitchell property, but
not the retaining wall.
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Trustee Zuckerman questioned what is behind the Mitchell property
according to the proposed plan.
Mr. Holby stated that a wood fence is behind the Mitchell property,
however, if it is necessary to protect them with the concrete wall, we
could.
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Mr. Aughaven, a member of the Planning Board stated that if we would
refer to the April minutes of the Planning Board, page 3 , last
paragraph, it clearly indicates that the retaining wall is the length
of that property line.
Trustee Pellino stated that he is concerned about the preservation of
the trees behind the Lanzilli, Sabia and Benvenuti properties. The
ability to enhance the preservation of those large trees and bring that
wall East by several feet and make those parking spaces parallel, as
they are more than compliant with the parking requirements, in order to
preserve the trees would ensure the best of both worlds.
Mr. Gioffre stated that the wall has been moved approximately 5 or 6
feet inward East already. In the Long term, the loss of space is
important.
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May 26, 1992 0042 �P
Trustee Pellino stated that in the event that some of the trees do not
survive, I would like to provide for the replacement of these trees in
some suitable fashion, according to the diameter of the tree trunk at
it's present time. For example, one twenty inch tree would be equal to
four, five inch trees that would have the opportunity to mature in a
number of years. He pointed out that he was not suggesting to remove
the trees, only to replace the ones that are lost after all efforts
have been made to save them.
Mr. Gioffre stated that rather than losing approximately six parking
spaces they could well around the trees and change the contour of the
wall as Trustee Daly suggested.
Mayor Cresenzi stated that one option would be to put a jog in the wall
for sixty or seventy feet and move it in four or five feet to take care
of the trees on the line. The other option is the creation of a well
around the trees, which would bring the wall in around the trees for a
ten or twelve foot area.
Trustee Daly also suggested that if they decide to make the spaces
parallel in that area, perhaps they would consider having spaces for
compact cars only.
Mr. Aughaven stated that there is also a loading dock situation in the
back area. Reducing the distance that is there now may complicate the
situation at the loading dock.
Mr. Merritt stated that the neighbors are inheriting 5 or 6 feet for
their property than they currently have. We are enhancing the value of
their property. These trees are really on our property.
Michael Stolzar, a member of the Planning Board stated that the
Planning Board and the developer were balancing the issue of tree
j preservation and safety of the residents . our main concern was the
safety factor. The Tree Ordinance requires replacement but we need to
make sure that the replacement is required for any trees that die
within two years of the start of construction. He abstained from
voting in the Planning Board, because he did not particularly like the
use that was being presented nor the alternatives to the Village.
However, this is the best plan that we could get for the site given the
constraints that we have under our code. The developer had presented
us with plans in which the basement space was devoted strictly to
storage by the tenants on the upper level. All of a sudden their last
plan comes in and that restriction on use is gone. The stipulation
that the Planning Board wanted was, that they wanted that constraint on
use returned. The developer then said that they would say that any use
will require approval and the Planning Board stated yes . The use that
was put to that back space impacts the neighborhood and traffic
circulation and there should be no presumption. Please note that there
is no presumption that any proposed use of that basement space is
acceptable regardless of whether it would have been code compliant.
Mr. Strum; Chairman of the Planning Board stated that the vote clearly
indicates the opinion of his Board on his matter.
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May 26, 1992
004200
Mr. Gioffre stated that it is not correct that the space was always
indicated as storage space. It started off as a bowling alley. We
recognize that traffic and parking are factors that the Board will
consider. We agree with the conclusion, however some of the premises
were incorrect.
Mayor Cresenzi stated that Mr. Gioffre said earlier that the total
upstairs and downstairs space is 33 , 705 square feet. The code is 169
spaces and provided are 186 spaces. To develop the whole 33 , 000 square
feet, would 169 spaces be necessary.
Mr. Gissen replied that 169 spaces are necessary. It does include the
downstairs space if that space were used for retail use, which has one
parking space per 200 square feet. There was concern that there might
be another use which would have a different parking ratio. A
restaurant would require more spaces and so would a movie theater.
These would have more impact in the evening, where they would have more
negative impact on the neighbors . A theater would require a special
use permit and would have to come back to the Board. The rear area,
potentially turning into a use that could go into the late hours of the
night, was a concern of the Planning Board.
Mr. Heller stated that the greatest desire of this community was to
keep the existing bowling alley. The owners of the building proposed
a bowling alley with only 12 to 14 alleys and would not allow 16
alleys, so no one wanted to bid the alley. The owner is denying the
Village by not providing enough bowling alleys. This would also be the
prime location to meet Village needs. This would have been a great
area to bring the Village together. This is a big mistake to allow
this piece of property to turn commercial .
Mr. Gioffre stated that the statement with respect to the number of
alleys is totally incorrect.
Trustee Solomon stated that he was concerned about losing the Bowling
Alley also and made many phone calls to Brunswick and A.M.F.
representative's. Brunswick only wanted a bowling alley with 24 lanes
or more and A.M. F. said 48 lanes was the lowest that they would go.
The old equipment was too old and this was just not feasible. As far
as this being a good space for Village property, he disagrees as there
would be too much traffic and would impact the neighbors even more.
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Mr. Stolzar stated that the reason that he abstained was exactly that,
but the Village must remember the Constitution of the United States,
which refers to what you can mandate an owner of private property can
or cannot do with his property. This property isn't going from the
Village to commercial property if the Village Board approves the site
plan. It is commercial property already and the only way the Village
can say "Make this into to a Community Center" would be for the Village
to purchase the property at fair market value. This would make the
taxes much higher.
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May 26, 1992 00429 9 i
Mr. Sabia stated that he and his neighbors were concerned about the
location of air conditioners, as they are very noisy and are not
environmentally sound. Also they are concerned about the drainage.
There is only one catch basin back there. He had problems because he
was getting water from the Bowling Alley side in his three rear
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Mayor Cresenzi stated that there are provisions for 12 , 4 by 4 by 4
foot retention dry wells on the site which will help.
Mr. Circosta stated that they are providing a retention basis as well
as connecting into the existing shopping center for the drainage so
most of the water will be piped away from the property.
Trustee Pellino questioned what type of materials will be used for the
fence on top of the concrete wall. It has been his understanding that
it would be made of a material that is used in sound barriers which
would assist in absorbing some of the noise generating features that
Mr. Sabia described.
Mr. Merritt stated that we never reached any agreement regarding what
type of materials would be used, however, he suggested that the
neighbors decide what type of material they would prefer. He added
that they want to please the neighbors.
Judy Lanzilli of 29 Westview Avenue stated that on the 15th, Mr.
Merritt had come over to inform them where the wall would be going and
what was going to go on top of the concrete wall . Mr. Merritt said
that a stockade fence would go on top of the concrete wall . She spoke
to Rossi Fence regarding the type of material used on sound barriers.
She also stated that there was mention of raising the grade and had
asked Mr. Merritt if that meant that this building would be three to
four feet higher than what it is now and he replied "Yes! " .
Mr. Sabia stated that at one of the Planning Board meetings, a
California, Boxwood type of fence was mentioned.
Mr. Gioffre suggested that if any of the residents have a proposal
regarding the fence, they are free to submit it.
Mr. Benvenuti stated that he and the other residents would prefer that
the Board of Trustees make that decision.
Mr. Sabia questioned the air conditioning units.
Mr. Holby stated that the present plans for the air conditioning are
four foot high rooftop units that will be in the center of the building
looking from front to rear and would be about 50 feet behind the rear
of the building. There shouldn't be any sound from the air
conditioners.
Mayor Cresenzi questioned if there is any type of block house that can
be built around the air conditioners to deaden the sound and allow the
units to be serviced at the same time.
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May 26, 1.992 004296
Mr. Circosta stated that if you put in a screen type unit with solid
blocking around the units, you may cause even more sound. Presently,
he is not aware of anything to do this.
Mr. Herb Adler, a member of the Planning Board stated that he was here
to offer a dissenting opinion. The Village of Rye Brook is missing a
great opportunity. Although both properties are owned by the same
owner, we should not treat the two properties as two separate shopping
centers along Ridge Street. Mr. Adler added that we are creating
Central Avenue in Rye Brook by having separate entrances and curbcuts.
It is not the best use for this property although he respects the
owners right to commercially develop that piece of property. If we
were a very creative Village, we would offer the owner some additional
incentives to essentially create a Villagescape creatively using both
parcels of property. For example, we could put a building on what is
now part of the Rye Ridge Shopping Center Parking lot, and develop part
of the existing parking lot as a grassy Village Green with some parking
adjacent to it, create some additional building, traffic flow in and
around the property itself and place most of the parking for the
shopping center on this parcel of property with substantially generous
set back lines so that the residents in the area are not as disturbed
as having a building in close proximity to their property line. Truck
deliveries can be kept further away from the residential areas. We can
then create a "Villagescape" in downtown Rye Brook. This is not
unheard of, as it has been done in areas of Massachusetts . The Office
Buildings behind Rye Ridge Shopping Center almost operate as a separate
commercial area, the L-Shaped building, the Rye Ridge Shopping Center
which now has retail space in the rear of it and now we will have
j another retail enclave not too far down the block by the Washington
Park Shopping Centers. We have taken away the opportunity to create a
Village and have created a strip of shopping centers along Ridge Street
with intended traffic problems. If you are shopping in one of the
! stores in e Rye Rid you then have to drive out of that
y g y parking lot and
drive fifty feet down the road to get to the next shopping center. The
transition from one area to the next is not very convenient. He asks
that both Merritt and Holby and the Village Board consider this
proposal and he would be happy to volunteer whatever time necessary to
help plan something like that out. This is not something that the
Planning Board wanted, only Mr. Adler' s own personal opinion.
Trustee Zuckerman stated that this idea was not in the minutes of the
Planning Board.
Mr. Stolzar stated that it was presented to the developer, who
expressed no interest or ability to accommodate that. The Planning
Board would be more than happy to entertain anything that was feasible
to the site.
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Mr. Holby stated that there are certain restraints about making a plan
like that because the property is incumbered by leases, the Bank of New
York and Finast both have leases. Everything takes time. We have to
get approval from the Bank of New York to combine the drive through
with our proposed site and it would cost us about two or three parking
spaces. We finally have a conditional approval from the Bank of New
j York and we intended to submit it to the Planning Board but could not
keep delaying our project as the Planning Board only meets every month
and every month is a very costly item for us. He added that they are
trying to get some tenants in by December. He would be glad to show
Mr. Adler what we have designed so far.
Mr. Gioffre stated that their initial attempt to provide access through
the rear was rejected.
Trustee Solomon questioned if he was correct in saying that they are
now ready to consider a plan like Mr. Adler's.
Mr. Gioffre stated that that was incorrect.
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Trustee Zuckerman questioned if Mr. Holby and Mr. Merritt were
interested at all in what Mr. Adler proposed.
Mr. Merritt stated that they have been thinking about the problem of
having to go out from one parking lot to another so they have spoken to
their engineer and have looked into combining them right along Ridge
Street and there is a way it can be done. It is feasible, however we
do not want to delay this approval tonight.
Trustee Solomon stated that if we can push the process forward more
quickly with the help and cooperation of the Planning Board, would you
be willing to go back to the Planning Board and discuss this.
Mayor Cresenzi stated that this must be settled tonight. He questioned
the combining of the two parking lots . One key that helps this project
work is the installation of the new light. He questioned where the
curbcut will be.
Trustee Daly stated that, they want to close the driveway to the Bank of
New York and connect it somewhere in the front.
Mr. Gioffre stated that they are suggesting a approval of the existing
site plan and then a modification to join the sites at some point and
time as soon as possible.
Trustee Pellino stated that currently there will be a pedestrian access
between the two sites. The sidewalk improvement that is going to front
on Ridge Street to the stairway leads to the current Rye Ridge Shopping
Center.
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May 26, 1992 a 04 J(11 9
Mr. Adler stated that economically we are missing an important and key
aspect. If we view this as a separate shopping center, you will have
a very small center with no anchor, no draw. You will get lower end
rents, and there will be nothing to draw the higher rents, as you don't
have the square footage. By combining and taking advantage of the very
successful Rye Ridge Shopping Center, you will be able to command
higher rental for your space.
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Mr. Gioffre wanted to make sure that the question of access would not
be in the back. Access will be in the front.
Trustee Zuckerman questioned if the traffic light will have a left
arrow into the shopping center assuming that this plan gets approved.
Mr. Gissen stated that there have been no proposals for changes to the
traffic light. He stated that he would have to look into this.
Trustee Zuckerman questioned if there was any room as we only have two
lanes for a left turn lane. He added that he is concerned that we will
have a horrific traffic problem going up from Washington Plaza all the
way to Bowman Avenue. He stated that the signs that Merritt and Holby
proposed were 30 square feet. Is there any possibility that that can
be reduced to 20 square feet?
Mr. Gioffre stated that they need to know who their tenants are going
to be first.
Trustee Zuckerman stated that he feared Ridge Street would begin to
look like a Las Vegas Strip.
Mr. Gioffre stated that he only asks that the Boards recommendations be
made part of the approval resolution.
Trustee Zuckerman questioned sidewalks on Ridge Street.
Trustee Daly questioned how far the sidewalks will go.
Mr. Gioffre stated that they go from the South end to the North end of
the site.
Trustee Solomon stated that the sidewalks should go all the way to
Bowman Avenue.
Trustee Zuckerman stated that we will be having increased pedestrian
traffic along that area and they should have sidewalks for safety
reasons.
Bill Aughavin stated that the Planning Board did review this issue and
inspections were made. To put a sidewalk in would require the utility
pole access along Ridge Street to be removed.
Trustee Zuckerman questioned if anyone has ever looked into putting the
utility lines underground. We should look into this, although it may
be relatively expensive.
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004, 30-1.
May 26, 1992
Carol Tenake of 31 Highview Avenue questioned if the property along
Crescent Street would remain with having a fence 8 feet from the
property line.
Mr. Holby stated that it will remain the same and with the same type of
fencing.
Irene Mendicino of 29 1\2 Highview Avenue questioned how many trees
were going to be removed on Crescent Place.
Mr. Circosta stated that 5 trees would be removed.
Trustee Solomon stated that we will be adding trees.
I
Ms. Mendicino stated that this development is going to cause more
traffic in the area of Dixon Street than is currently there.
Mayor Cresenzi stated that he raised the issue of traffic earlier and
referred to the barrier that is to be closed. Currently, if someone is
to come out of the site and get into the Rye Ridge Shopping Center,
they would probably come out, go down Crescent and in through the back
of the shopping center. If the barrier were to be open, you would
direct the traffic back through that and keep the traffic off of the
local streets.
Trustee Daly stated that we should work with the Bank of New York to
obtain permission to get an opening in the front so that people would
not have to come back out onto Ridge Street.
Mr. Stolzar stated that the Planning Board members discussed this with
the residents and one thing in terms of opposing the gate was that if
the Village found later on, that this is not working well and that we
would be better off with the gate open, we would be converting that
residential area into a thoroughfare.
Terry Mitchell of 32 Westview Avenue stated that opening this roadway
in the back will compound the traffic problem. There is already an
existing problem on the street. They do not need an emergency exit.
Trustee Solomon questioned the Planning Boards discussion of the impact
of the traffic in and out of the site and where the light is located on
Crescent.
Mr. Strum stated that the Planning Board felt that it would create
breaks in the traffic on South Ridge Street.
Mr. Stolzar stated that as the result of traffic studies, the Planning
Board and Village Board were presented with three alternatives that
might work and the traffic light was the best alternative of the three.
Trustee Solomon questioned if we would be able to accommodate a project
along the lines of what Mr. Adler spoke of and eliminate both those
curb cuts.
12
i
i
0 0 n3U
May 26, 1992
Mr. Stolzar stated that Mr. Adler is proposing a radical redevelopment
of the whole site. This is a major planning event, not something that
will be completed by December. The developer is faced with a situation
of having tenants in place as well as mortgages and must deal with the
legal requirements of what is there. The Planning Board would
certainly deal with this as quickly as was feasible in the Villlagels
interest.
Mr. Strum stated that they would have the obligation of dealing with
applications that are presented to them and can make suggestions but if
the applicant chooses to ignore them, they still must deal with the
application as presented.
Mr. Merritt stated that he would go back to the Planning Board but
would prefer that this not halt approval of this tonight and receive
approval subject to getting together with the Planning Board.
Trustee Solomon stated that if they feel that they can go back and come
up with a plan along these lines than that would be great.
Mr. Gioffre stated that these are two different issues that we are
speaking of, a one joint shopping center and recreational use for a
Village Center are two different things .
Mr. Lyons stated that before the fence was put up, a large sign stating
"Asbestos Removal" was up. He questioned if the building is finished
and ready to be knocked down. He further stated that today he told two
children not to throw rocks at the windows. It should be boarded up.
Mr. Merritt stated that the building will be down by June 1, 1992 .
Mrs. Lanzilli questioned how they are proceeding to take this building
down. She questioned the issues of rats and asbestos.
Mr. Circosta stated that prior to the issuance of a demolition permit,
they must provide the building department with a certificate that it
has been exterminated and that the asbestos has been removed as well
as the gas and electric being shut off.
Trustee Solomon questioned when the building was scheduled to be
demolished and if they are planning on having someone on site to
prevent children from going in that building.
Mr. Holby stated that they were scheduled for demolition last week but
could not get the utilities turned off. As for the children, they have
already fenced off the whole site.
Mr. Lyons suggested that the Rye Brook Fire Chief should be available
when the demolition is taking place.
Trustee Daly stated that the length of the retaining wall in the back
was discussed and will go all the way across to the end of the Mitchell
I
property.
Mr. Holby stated that it is just high enough to prevent trucks.
13
May 26 , 1992 301
Mr. Sabia stated that the Planning Board suggested at least 30-36
inches of reinforced concrete wall all the way down the length of the
property stopping midway in his property. He added that it should be
a little taller on the end where the trucks have access and at least 36
inches along everyones property.
Mayor Cresenzi stated that currently the plan calls for 30 inches
stopping somewhere in Mr. Sabia's property and they are proposing to
continue that right to the end of Ms . Mitchells property.
Trustee Zuckerman stated that at the end where the trucks will be
coming down the incline, the wall will be four feet.
Trustee Daly stated that the fence will be of a material that must meet
Mr. Circosta's standards.
Mr. Circosta stated that he will get specifications for a Shadowbox
type fence. Currently there is a four foot fence proposed on top of a
30 inch wall . In the area where the wall will go to four feet in
height, the fence will obviously drop a foot and a half. The overall
height on the shopping center side is six feet six inches.
Trustee Daly stated that the dumpster will be moved to the upper
corner, the fence in the back is going to stay closed. The air
conditioning units will be in the middle of the building, somewhat
about 100 feet from the property line. She questioned the tree issue.
If some of the trees die within a two year span, will the trees be
replaced.
Mr. Holby stated that they will not be replaced with the same diameter
tree, but with a number of trees to have the equivalent of that
diameter.
Mrs. Lanzilli stated that on these plans, you are taking out 15 trees
on the Crescent Place side. Those are the shaded trees. The ones
behind her home and the home of John Sabia that are supposed to be
taken out, are' not shaded. On page two of this plan they are not
supposed to be removed.
Mayor Cresenzi stated that there are two trees that would fall on the
line, one behind Mr. Sabia's home and one behind Mrs. Lanzilli' s home.
Both would most likely have to be welled.
Mr. Gissen stated that there is a more detailed planting plan which is
part of the submission, which the applicants had prepared in April
which talks about much more planting. It was not transposed to this
plan because it would have become too complicated. It shows more
planting along the back area.
Mr. Lyons questioned if the trees on Crescent Place are being taken
down.
14
004304
May 26, 1992
Mr. Gissen stated that the applicants landscape architect Anthony
Acocella, had prepared a plan in conjunction with our Office reviewing
it., Not all of the plantings were part of their special submission and
shown on this plan. This would entail the probable loss of some of
those very large trees. On Crescent Place there are a large number of
replacement trees. The trees will be between the fence and Crescent
Place. The plantings occur in an area about 8 1\2 feet between their
property line and the fence is 8 1\2 feet in from the property line.
Throughout that area there are trees either existing or proposed to be
planted. There will be a chain link fence on top of a concrete fence.
Mayor Cresenzi stated that he would prefer a wooden fence rather than
a chain link fence.
Mr. Merritt stated that he wants to please the neighbors and agreed to
a wooden fence.
Joe Chickell of 23 Highview Avenue questioned if they are going to put
the same type of stockade fence, six foot high, up Crescent. He also
stated that if they are going to plant trees, might they be hemlocks,
which are green all year round.
Mayor Cresenzi stated that they will install a stockade fence along
Crescent Place.
Tom Gissen stated that he was reviewing a planting plan for 200 South
Ridge Street prepared by the applicants landscape architect as part of
their general site plan and mitigation. Height is not shown as it
speaks of the caliper. It shows Red Maples, Leather leafs, Viburnum,
Bayberry, Serbian Spruce, Douglas Fir and Canadian Hemlock. The new
plantings consist Of 40 plants to be planted along the southern
property line, which is mostly Crescent place and the Tysuki property
as well. About 16 trees or plants are being removed from that area.
Mr. Chickell questioned if there would be screening on the outside of
the fence, with preferably Evergreen, to hide the buildings from
viewing it from Crescent Place.
Mr. Gissen stated that this is a mixture of both Evergreen and
deciduous and they would be placed in between the fence which would be
the stockade type of fence similar. to the fence being put on the rear
of the property.
Mayor Cresenzi questioned the 6 main trees in the rear of the property.
There are two that would be very difficult to save and the other four
trees, with some care, could be saved. For the two trees that may be
lost, he questioned if they would consider bringing the wall in around
them to try to save them.
Mr. Holby stated that he felt that they should take away a parking
space and zig zag the wall around the tree to save the two trees.
Trustee Daly stated that they could even put a compact space there.
15
04 303
May 26, 1992
Mr. Merritt stated that it would be smarter to replace the two trees
with four or five young trees .
Mr. Holby stated that those trees are getting old.
Mrs. Lanzilli stated that the trees are not sickly, but healthy.
Mr. Holby added that the trees are also on their property.
Mrs. Lanzilli stated that she and the other neighbors have been
maintaining that property for many years .
Mayor Cresenzi recommended that the two trees be welled.
I
Mr. Merritt stated that they are willing to well the two trees or put
a compact parking space there.
A resident questioned a curfew as far as delivery trucks as the noise
starts as early as 5: 30 a.m.
Mayor Cresenzi stated that there has been no curfew discussed with this
plan other than what exists on our current books with regard to the
noise ordinance.
Mr. Circosta stated that the noise ordinance states that noise should
not be made before 8 : 00 a .m. and after 9 : 00 p.m.
Trustee Daly stated that the sidewalk is going across the whole front
of the new area.
One resident stated that she noticed that there is much speeding
through the residential area and requested that Village install speed
j bumps along those roads. There are many children playing on that
street and with the added traffic there could be an accident.
Trustee Pellino stated that we can not do that on a public road.
Trustee Solomon stated that with our new squad system, he will make a
suggestion to the Chief that as part of the radar enforcement, we have
an officer in there once in a while to crack down on speeding.
Mr. Lyons questioned if Merritt and Holby would have to come back to
the Board when they get stores to rent space.
Mr. Circosta stated that the only exception to the rule is the basement
area. With regards to what he puts in there, it is zoned C1P and
allows for retail use.
Mr. Lyons questioned if they were going to be allowed to put another
bar in there. In the past it was a hangout for people in the parking
lot.
Mr. Gissen stated that they would not need to come back for any other
approvals for a restaurant or a bar, however a bar would require
greater parking per square foot.
16
004 3 o
May 26, 1992
Mayor Cresenzi stated that he would not want to see a bar there open
until 2 : 00 a.m.
Mr. Merritt stated that one of the greatest desires in getting rid of
that building was to get rid of that bar as he is against bars.
There might be a restaurant that would have a liquor license, but they
I'
would not be open late.
Attorney Beane asked Mr. Merritt if he would agree to a restriction on
a bar.
Mr. Merritt stated that he does not want a bar there.
Attorney Beane stated that he will work on a definition of a bar and he
will show it to Mr. Gioffre before the resolution is passed.
Mayor Cresenzi stated that this would be worded into the resolution to
permit a Pizza & Brew type of operation, but be restrictive in other
areas.
Herb Adler stated that he would like to try and keep alive the proposal
that he made earlier at least as an alternative.
Mr. Merritt stated that they have already spent thousands of dollars in
architectural studies trying to figure a way to do the curbcut.
Trustee Daly stated that she would like to see them pursue the idea
with the Bank of New York.
Mayor Cresenzi stated that all of these changes will be put in writing
in a resolution to be passed at the last meeting in June. This will be
available to be reviewed on the Friday before that meeting.
Trustee Daly questioned if it is 'possible to move the resolution up for
the Agenda meeting, as the building will be left a mess for a month.
Attorney Beane 'stated that we have laws to prevent them from leaving a
mess.
Mr. Merritt questioned if it were possible to expedite that period, as
they need to move ahead. They have already lost tenants and do not
want to lose their potential financing.
Mayor Cresenzi stated that he did not have any problem in dealing with
this resolution at the Agenda Meeting on June 9 , 1992 , if they could
have the finished plans detailing all of the changes that comply with
the written resolution.
Mr. Merritt stated that they could have the plans within a week.
17
004-30:/'
May 26, 1992
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the
Public Hearing was adjourned at 10: 15 p.m. with conceptual approval of
the project granted based on all of the items that were discussed.
There will be a resolution prepared for June 9 , 1992 .
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
2 . ADOPTION OF LOCAL LAW #2-1992
ENTITLED: 'NUMBERING OF BUILDINGS. "
Mayor Cresenzi declared the Public Hearing on Local Law #2-1992 open at
10: 20 p.m.
Attorney Beane stated that the law deals with issues of display,
concepts of numbering properties and also there is a procedure of non
compliance and penalties and effective dates. He then went through the
entire law and summarized each paragraph. He stated that the initial
decision of number changing will be made by the Director of Public
Works. There is a process that says that he must provide sixty days
notice and there is an appeal and protest period.
Trustee Zuckerman questioned 4c and suggested that the word "only" be
inserted in regard to minors.
John Haley stated that the criminal penalty should be removed from the
law as it is really inappropriate.
Attorney Beane stated that he does not have a problem removing that
wording from the law.
Mr. Heller stated that this is penalizing the residents of the Village.
Changing a number for a resident is a very expensive burden. The
Village should financially assist these residents .
Mayor Cresenzi stated that the Village will put together a packet for
the residents that will lend assistance. It will have a list of who
must be notified and change of address cards.
Trustee Zuckerman stated that when one moves, they must do the same
thing. He added that the Building Inspector and Village Attorney could
put together a packet that would advise residents what to do and who to
notify.
Marie Lanza of 46 Roanoke Avenue questioned why we are renumbering.
Administrator Russo explained that only thirty homes were renumbered
and another forty or fifty need to be assigned numbers. This took
place over a series of months and was done to meet the guidelines of
911 .
18
004306'
May 26, 1992
Trustee Zuckerman added that this was done only in places where houses
should be even on one side and odd on the other side. This really
pertains to areas where there are new developments.
Administrator Russo stated that aside from a practical standpoint, the
Village has 10 out of 48 full time employees who live in the Village.
Everyone cannot be expected to know of all of these discrepancies.
Mr. Benvenuti of 27 Westview Avenue explained that he is right next to
4 Westview Avenue and questioned how the Fire Engines get to his house
now. He worked on 911 for New York Telephone company and questioned if
this was really for 911.
Administrator Russo replied that presently we have really bad
discrepancies such as duplicate numbers on the same street and since
this exists they have someone to direct them over the radio where the
house is.
Cathy Hodge of 47 A and Joanne Plateroti of 47 B share a two family
home. Ms. Hodge stated that since their numbers were changed, it has
been worse on her street.
Mayor Cresenzi explained that what Ms. Hodge is speaking of is a
separate issue from this law. That has already been done.
! Ms. Hodge questioned how it could be done when it is not a law that we
have.
Mayor Cresenzi stated that the authority already existed. He added
that the major change here is display and the fact that the numbers
have to be visible from the road.
Ms. Hodge stated that she never even received a letter and has no idea
what her number is. There are probably three homes on Roanoke Avenue
that think that they have the same number.
Mayor Cresenzi -questioned if the Board wanted to deal with this issue
separately or discuss the Roanoke renumbering issue.
The Board agreed to deal with the two issues separately.
Mr. Heller questioned if the numbers are going to be reflective or will
every homeowner have to light their number.
Mayor Cresenzi stated that the law says it should be visible from the
street. It is the prerogative of the homeowner to put up a reflective
number.
Trustee Zuckerman stated that first we must get the residents to
display the numbers .
Mr. Circosta stated that Ms. Hodge' s address was not changed and as for
Mrs. Plateroti, the old address was 47 Roanoke Avenue and the new
address was 43 Roanoke Avenue.
19
004300
May 26, 1992
Ms. Hodge stated that they are in a duplex and asked him to explain
this.
Mr. Circosta stated that the home is one address, 43 Roanoke with A and
B. He stated that they went through the Assessment records and only
Plateroti was on the records and that is why Ms. Hodge did not receive
a letter.
Irene Mendicino questioned why they have to start changing numbers,
because if there is a Fire, someone will be outside of the house and
the Police and Fire have arrived every single time we needed them.
Police Chief, Robert Santoro stated that at least a dozen times in his
career the Police have driven back and forth to find a house and he is
from this area. Employees that are not from this area cannot be
expected to memorize every home that does not have a number on it as
there are many.
Ms. Mendicino stated that it is part of their job to familiarize
themselves with the area in which they work.
Chief Santora stated that they learn the streets .
Joe Fiscella, a resident of Woodland Drive stated that his street had
one of the worst numbering problems and was renumbered about 3 years
ago. He stated that this was probably the best thing that ever
happened on their street. It was an inconvenience for the first couple
of months but it is very important that this be done. He explained
that there was an emergency incident that occurred that made them
realize how important this is.
Ms. Mendicino stated that the thing that bothers her is that they
changed her number before they even passed the law.
Attorney Beane explained that the Village does not have to pass a law
to change numbers only, to display numbers. We have that authority
under the General Municipal Law already. We only included a section of
this in our Numbering Law to give the public an idea of what is going
to govern the choices that we make. The issue of the law is separate
from the issue of any problems that people have because of numbers that
have been changed.
Trustee Zuckerman questioned if the residents will have a right, under
the law, to go to the Zoning Board of Appeals to question their number.
Attorney Beane replied that they would not, however we can amend it to
give anyone whose number has been changed since the first of the year
60 days to do so before the number is changed.
Mayor Cresenzi directed Attorney Beane to add that language to the law.
He explained that the residents can appeal the letters, under this law.
A resident questioned why there are townhouses that have letters in
their addresses when the law says that there should be none.
20
U "�..�
May 26, 1992
Mr. Circosta explained that the attached units at the townhouses are to
have individual numbers and no letters.
On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the
Public Hearing was closed at 10 : 45 p.m.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, Local
Law #2-1992 was adopted:
Trustee Daly stated that she was going to abstain from voting as she
onlyreceived this law this evening and did not have sufficient time to
g
read it.
TRUSTEE DALY ABSTAINED
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
ADOPTION OF LOCAL LAW #1-1992
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. "
Mayor Cresenzi declared the Public Hearing on Local Law #1-1992 open at
10:45 p.m. .
Attorney Beane stated that there is an enormous misconception about
this law. All it is is a compilation of all the laws that previously
exist with some minor modifications and incorporated in a single
indexed volume. We held many Public Hearings over the past year.
During these hearings, all of the Local Laws that were changed were
read line by line. As a result of a number of comments that were made
at the various Public Hearings, we adopted many of the suggestions.
There has been a memo on file since January 20th that outlined the
final revisions that we adopted after all of the Public Hearings . The
memo is available for the public to review. The final changes were
very minor. Attorney Beane pointed out that the fact that adopting
this Code does not mean that we cannot amend any Local Law in this book
at any time.
21
May 26 , 1992
Mr. Circosta stated that in reference to the Plumbing Chapter of the
Code, we have made some changes in accordance with the New York State
Building Code. It references the examination and registration of
plumbers, surety bonds, licenses, renewals, expirations, etc. We also
established a Plumbing Board of Examiners with four members to, meet
regularly on these issues. There will be three members and the
Building Inspector to Chair the Board.
Trustee Zuckerman suggested a few changes in the language of the
Plumbing Code, which were made.
On Motion made by Trustee Solomon, seconded by Trustee Daly, the Public
Hearing was adjourned at 11: 05 p.m.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
On Motion made by Trustee Solomon, seconded by Trustee Daly, the
Plumbing Code was accepted with the changes.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the
following resolution was hereby adopted:
RESOLUTION
VILLAGE OF RYE BROOK
LOCAL LAW NO. 1 - 1992
WHEREAS, Public Hearings were held the 26th day of February, 1991, the
26th day of March, 1991, the 23rd day of April, 1992 , the 28th day of
October, 1991, the 14th day of January 1992 , the 28th day of January
1992 , the 25th day of February, 1992 , the 24th day of March, 1992 and
the 26th day of May, 1992 by the Board of Trustees of the Village of
Rye Brook, notice of which was given as required by the Municipal Home
Rule Law and Open Meeting Law of the State of New York;
WHEREAS, at said Public Hearings, the Board of Trustees considered the
enactment of proposed Local Law No. 1 - 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" .
22
May 26, 1992 0043 12
WHEREAS, all interested persons were given an opportunity to be heard
with respect to the enactment of said local law;
NOW, THEREFORE, BE IT
RESOLVED, that Local Law No. 1 - 1992 be enacted as follows:
Mr. Heller stated that he is concerned about the Local Law on Boats,
Protection of Desserts and Poisonous Plants. There are a variety of
poisonous plants in the Village of Rye Brook, such as rodedendrums,
i azaylas, etc. If this particular law is not going to be enforced, it
should not be on the books.
Attorney Beane stated that Boats are out and the Protection of Desserts
is still in the Code. The law pertains to poison ivy and poison oak,
not rodedendrums and azaylas. If the Local Law is a problem, all we
have to do to amend it is pass a resolution. We do not have to hold a
public hearing, as in the past. The whole process is easier.
Mr. Haley questioned if it were true, that the Village could pass local
laws without having a Public Hearing first.
Attorney Beane stated he made an error and that the Village cannot pass
local laws without a Public Hearing.
Trustee Solomon questioned if we would need to hold a Public Hearing if
we decide to take out the law dealing with desserts in Rye Brook.
Attorney Beane stated that it is not a law, it is a phrase in one of
the local laws.
Trustee Zuckerman questioned how the procedure differs under this
codification than under previous.
Attorney Beane explained that if you want to pass a new law, you still
have to go through a Public Hearing.
Trustee Zuckerman stated that the residents will notice no difference.
Mr. Heller stated that many of the things that he stated did not get
considered. Certain wording should be adjusted, such as the section on
poisonous plants.
Attorney Beane stated that Mr. Heller was incorrect. The Board
listened to Mr. Heller, but did not agree with him in certain areas.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
23
May 26, 1992 004314
RESOLUTIONS
4 . MOBIL OIL, INC. 1105 SOUTH RIDGE STREET
SECTION 1, BLOCK 23, LOT 1A-2B, 3 & 4
SITE PLAN APPROVAL
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the
following Resolution was hereby adopted:
RESOLUTION
MOBIL OIL/105 SOUTH RIDGE STREET
SECTION 1, BLOCK 23, LOTS IA-2B, 3 & 4
SITE PLAN APPROVAL
WHEREAS, the Board of Trustees reviewed an application from Mobil Oil
to modify it's Special Use Permit by modifying it' s Site Plan regarding
signage and the extension of operating hours at the premises located at
105 South Ridge Street in the Village of Rye Brook and also known on
the official tax map of the Village of Rye Brook as Section 1, Block
23 , Lots 1A-2B, 3 & 4 ; and
WHEREAS, the subject property is located within the Village of Rye
Brook; and
WHEREAS, the Board of Trustees referred these applications to the
Planning Board on December 17 , 1991; and
WHEREAS, said application was reviewed by the Planning Board on
February 13 , 1992 ; and
WHEREAS, the Planning Board requested and received reports from Village
Engineers and Village Planners; and
WHEREAS, it was determined that the plan as revised and submitted to
the Board of Trustees be appropriate for consideration of Special Use
Permit and Site Plan modification; and
WHEREAS, a Public Hearing was held on the proposed site plan
modification regarding signage and extension of operating hours by the
Village Board of Trustees on May 6, 1992 ;
NOW, THEREFORE, BE IT
RESOLVED, that the Special Use Permit and Site Plan modification is
hereby granted to Mobil oil to erect one sign on South Ridge Street at
the premises located at 105 South Ridge Street, Village of Rye Brook.
This approval is subject to the requirements and regulations of the
Village of Rye Brook and the terms and conditions set forth in this
resolution and the notes and legends contained on the site plan or to
be placed on said site plan dated February 19 , 1992 ; and be it
FURTHER RESOLVED, that the Mayor is hereby empowered to sign said
modified site plan subject to the applicant meeting all of the terms
and conditions as set forth in this resolution; as set forth below; and
be it
24
00431
May 26, 1992
FURTHER RESOLVED, that the request by the applicant for an extension of
operating hours from the current hours of 6 : 00 a.m. to 9 : 00 p.m. Monday
through Saturday and 8 : 00 a.m. to 7 : 00 p.m. on Sundays to the extended
hours of 6 : 00 a.m. to 11: 00 p.m. Monday through Saturday and 7 : 00 a.m.
till 9 : 00 p.m. on Sundays is denied; and be it
FURTHER RESOLVED, that this approval is subject to the following:
1. A revised site plan shall be prepared and submitted to the Director
of Public Works, which revised site plan shall reflect
this Board's approval of one sign to be located on Ridge Street.
2 . The revised site plan shall reflect that no signs shall be
displayed on Bowman Avenue.
3 . The juniper bushes as currently shown on the site plan to be
located in the island areas of the Ridge Street and Bowman Avenue
entrances and exits will be deleted and these areas will remain lawn.
The applicant shall be obligated to maintain these areas.
4 . The orientation of the trash dumpster shall be moved so as to
provide easier access by garbage trucks .
5. Construction details for the proposed stockade fence shall be
submitted to the Director of Public Works.
6. A note will be added to the site plan indicating that the finished
side of the stockade fence faces the adjacent properties; and be it
FURTHER RESOLVED, that this resolution shall be binding on the
Applicant, his heirs, successors and assigns and upon the Village of
Rye Brook, its heirs, successors and assigns; and be it
FURTHER RESOLVED, that the Final Site Plan shall include thereon the
following designation and legend:
The Site Plan shall be subject to all requirements
and conditions of the Final Special Use Permit and Site Plan
Approval Resolution of the Village of Rye Brook, dated May 26,
1992 .
Mr. Gissen of Frederick P. Clark Associates, stated that the applicant
should be responsible for maintaining the lawn area .
Attorney Beane added the provision into the resolution.
Trustee Zuckerman stated that much of the problem with the Mobil
Hearings were caused by inadvertence on the part of the Village. He
further stated that he is opposed to the procedure involved, as we do
not yet have a final site plan that we can approve this evening. We
are resolving that the approval is subject to conditions that we had
not formally seen occur yet. He is also opposed to the size of the
sign.
25
0043
May 26, 1992
Trustee Zuckerman added that the Mobil sign is too large for the site,
however he has no objection to them advertising their prices. There
are similar signs throughout Westchester that are more appropriate and
by passing this site plan, we are encouraging nuisance signs on Ridge
Street.
Mayor Cresenzi stated that although we do not have an approved site
plan tonight, the reason that this is being moved along is because
there have been three delays on the part of the Village that delayed
this application significantly. The Village Engineer will review all
of these conditions on the site plan and the Mayor, will sign the site
plan. This is not the normal procedure, however due to the Village's
errors, this is really an accommodation.
Trustee Pellino stated that it is important to point out that the Mobil
station has already agreed to give up half the signage that was
approved in the first place. They did this in the interest of the
neighbors. He does not totally disagree with Trustee Zuckerman on the
size of the one sign that is going to go up on South Ridge Street but
it reflects a good compromise between the applicant and the Village.
Trustee Solomon stated that if a smaller sign is available and there is
a way to get Mobil to use one, he would rather see Mobil use a smaller
sign. He stated that Mr. Circosta said that there are smaller signs
available.
Mr. Circosta stated that he never made such a comment. He was asked to
measure a few signs that were in the vicinity of Rye Brook and they are
approximately 10 square feet, the same size as the sign that is
presently on the property, which is the monument sign.
Herb Adler, a member of the Planning Board stated that he voted against
this site plan and feels that we are taking a giant step backward.
Mayor Cresenzi pointed out that the Architectural Review Board signed
off on two signs as did the Planning Board. The Village Board reduced
that from two signs to one sign.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING NAY
TRUSTEE ZUCKERMAN VOTING NAY
MAYOR CRESENZI VOTING AYE
5. ANGLICAN CHURCH OF THE ADVENT
COMLY AVENUE
SECTION 11 BLOCK 8, LOTS 9b^2
FINAL SUBDIVISION APPROVAL
Attorney Beane stated that conceptual approval was given at the last
meeting, pending this approval resolution. He summarized the
resolution.
Trustee Daly questioned if they could have temporary fencing, like they
did at Castleview Court.
26
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0043" 6
May 26, 1992
Mr. Circosta replied that the proposed lots are on existing roadways,
not as they were on Castleview Court.
k k k is
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the
following resolution was hereby adopted:
RESOLUTION
ANGLICAN CHURCH OF THE ADVENT
COMLY AVENUE
SECTION 1, BLOCK 8, LOT 4B-2
WHEREAS, the Board of Trustees reviewed an application from Anglican
Church of the Advent for Subdivision Approval on property consisting of
approximately 1 . 173 acres and located on Comly Avenue and Castleview
Court in the Village of Rye Brook; said premises is known on the Tax
Assessment Map of the Village of Rye Brook as Section 1, Block 8, Lot
4B-2 ; and
WHEREAS, the subject property is located within the Village of Rye
Brook; and
WHEREAS, the Board of Trustees referred this application to the
Planning Board on July 23 , 1991 ; and
WHEREAS, said application was reviewed by the Planning Board on August
8, 1991, October 10, 1991, March 12 , 1992 and April 12 , 1992 ; and
WHEREAS, the Planning Board requested and received reports from and
consulted with the Police and Fire Departments, Village Engineer,
Village Planners and the Westchester County Department of Planning; and
WHEREAS, the Planning Board studied the road configuration and the flow
of traffic of the project for efficiency and safety; and
WHEREAS, the Planning Board directed the applicants to meet with the
Village Engineer, Village Planners and Consultants to configure ingress
and egress and other factors in order to minimize the effects of this
subdivision on the neighboring residences; and
WHEREAS, it was determined that the plan, as revised and submitted to
the Board of Trustees would be appropriate for consideration of
Subdivision Approval; and
WHEREAS, a Public Hearing was held on the proposed Subdivision by the
Board of Trustees on May 12 , 1992 ; and
WHEREAS, the Village Board, acting in its capacity as Lead Agency under
SEQRA, made a finding and determination that the proposed Subdivision
did not have a significant impact on the environment under SEQRA and
adopted and incorporated this finding and determination in the
Resolution as part of the Subdivision Approval;
NOW, THEREFORE, BE IT
27
00411 i
May 26, 1992
RESOLVED, that Subdivision Approval is hereby granted to the Anglican
Church of the Advent for the premises located on Comly Avenue an
Castleview Court subject to the requirements and regulations of the
Village of Rye Brook and the terms and conditions as set forth in this
resolution and the notes and legends therein contained on , said
subdivision map; and be it
FURTHER RESOLVED, that the Mayor is hereby empowered to sign said
Subdivision Map subject to, and only in the event that the applicant
obtains all the necessary approvals from the Westchester County
Department of Health and any other agency or governmental body having
Jurisdiction, including approval by the Village' s Consultants on
drainage, landscaping and tree preservation; and be it
FURTHER RESOLVED, that the applicant shall pay to the Village of Rye
Brook the sum of $11, 711. 00 as a donation to the Village Recreational
Trust Fund to help meet the additional recreational needs of the
j Village. Said payment shall be made prior to the signing of the
Subdivision Plat by the Mayor. The Applicant hereby agrees to be bound
and obligated to make this payment and hereby waives whatever rights he
may have, if any, to challenge the validity of this payment in any
Federal or State Court or administrative body in this or any other
jurisdiction; and be it
FURTHER RESOLVED, that the applicant shall pay an engineering
inspection fee as fixed by the Village Engineer in accordance with the
Subdivision Law; and be it
FURTHER RESOLVED, that the Subdivision Plat shall include thereon the
following designation and legend:
This Subdivision Plat shall be subject to all
requirements and conditions of the Final
Subdivision Approval Resolution of the Village
of Rye Brook, dated May 26 , 1992 ; and be it
FURTHER RESOLVED, that the applicant, his heirs, successors of assigns
shall be obligated to provide a copy of this Final Subdivision Approval
to every purchaser of a lot in this subdivision prior to the transfer
of title of said lot to the purchaser; and be it
FURTHER RESOLVED, that this Resolution of Final Subdivision Approval
shall lapse if the Final Plat has not been filed in the Office of the
Westchester County Clerk within six (6) months after the date of this
Resolution and construction has not been commenced within eighteen (18)
months after the date of this Resolution; and it is
FURTHER RESOLVED, that this Resolution shall be binding on the
applicant, his heirs, successors and assigns and upon the Village of
Rye Brook, its heirs, successors and assigns.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
28
May 26, 1992
Mayor Cresenzi stated that we would take item #7 before item #6 .
7. APPOINTING ACTING ASSESSOR
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the
following resolution was hereby adopted:
RESOLUTION
APPOINTING ACTING ASSESSOR
WHEREAS, the Rye Brook Board of Trustees has not reappointed the Rye
Town Assessor to serve as the Rye Brook Assessor of fiscal year 1992-
1993 ; and
WHEREAS, the Rye Brook Board of Trustees has been informed by the Town
of Rye that certain charges have been preferred against the Town of Rye
Assessor and as a result of the charges, the Assessor has been
suspended;
NOW, THEREFORE, BE IT
RESOLVED, that William Wendlandt be hereby appointed Acting Assessor
for the Village of Rye Brook effective immediately.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
6. CONSIDERING MUNICIPAL POOL COMPLEX
PROPOSAL
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the
following resolution was hereby adopted:
RESOLUTION
MUNICIPAL POOL PROPOSAL
WHEREAS, a Pool Committee was established in the Village of Rye Brook
to study and submit a proposal to the Village of Rye Brook Board of
Trustees regarding the construction and maintenance of a municipal
pool; and
WHEREAS, a proposal regarding a municipal pool was submitted to the
Village Board of Trustees; and
WHEREAS, a Public Hearing was held on the municipal pool proposal on
March 24 , 1992 and continued on April 27, 1992 ; and
29
May 26 , 1992
WHEREAS, the Village Board has studied said proposal and has determined
that it is not in the best interests of the Village to pursue said
proposal at this time;
NOW, THEREFORE, BE IT
RESOLVED, that the Board of Trustees of the Village of Rye Brook do not
endorse said pool proposal and resolves to take no further action on
said proposal .
Trustee Pellino stated that in reference to this resolution, he wanted
to thank Rye Brook' s citizens for participating in this pool issue.
Though emotional to some, it should be noted that any decision must be
based on facts presented to this board. There is no better way to
gather the facts, get a pulse on public sentiment toward an issue, or
to educate the public on an issue of this magnitude, than the public
hearing process. This board has gone from one end of the Village to
the other, to seek out the facts; and I appreciate your patience while
we listened to your views.
I also wish to thank the Village Pool Committee, chaired by Laurie
Landes, whose members were composed of people whose goal is the
betterment of the quality of life for all Village citizens . They are
to be admired for their willingness to serve the Village by
volunteering their time and effort to address this issue.
Recently, much has been said about our leaders needing to have vision
for the future of Rye Brook. One can only have a clear vision for the
future if one has a firm grasp on the present. We must have a
thoughtful, yet determined, set of priorities established and work
within the resources we have at our disposal to achieve our goals.
Although I have decided that the pool complex, as proposed, is not
financially practical for our community at this time, I want to
acknowledge that there are valid reasons for having a Village pool and
I believe that some form of a pool project should be considered as part
of a future municipal complex plan.
The need for facilities for municipal offices, a Village Community
center and a possible pool project in a centralized location, is taking
on more of a focus as our Village progresses. The point is well made
that a centralized gathering facility for social and recreation
activity is desirable. However, why would we commence that type of
project on a facility which could only serve that need up to three
months per year. It seems more logical that the concept of a pool
would be as an add-on type of project for a centralized facility
already in place or as a component of new facilities . It also seems to
me that upon receipt of reports from the Office Search Committee and
the Recreation Study Committee, we should be able to more clearly
assess our needs and form a direction for all three areas. That then
will leave us with the most crucial aspect of all these needs. That is
the question of financing. This project would raise the average
taxpayers property tax by nearly four percent. The reasons that I feel
that this specific project is not financially feasible at this time,
are as follows:
30
r
May 26, 1992
1. There is a national recession. Unemployment has touched every
region of the County and Rye Brook in particular.
2 . Unpaid Village real estate taxes as of March, 1992 , are double what
they were in 1991. Unpaid Blind Brook school taxes for the same period
are nearly three times as much. Unpaid Port Chester school taxes in
the Rye Brook portion of the district, are up by approximately 25
percent. The Town Board has had to borrow in order to guarantee
payments to the various entities.
3 . Property assessments have been declining steadily for the past
several years and are projected to continue that pattern for the
foreseeable future. Assessments are the Village' s primary factor for
generating revenue. While it is a fact that Rye Brook Village taxes
are among the lowest in Westchester and the new budget accomplished no
Village tax increase, the uncertainty of the tax base' s stability and
the recessionary problems noted prior, it would be unwise fiscal policy
to plan for a nicety in these times, rather than a necessity.
4 . New York State fiscal policy has netted Rye Brook nearly a complete
cutoff of State aid. The revenue loss is expected to be replenished by
income from the recently enacted County Sales Tax increase. However,
the amounts of money Rye Brook will receive, are committed by board
resolution to relieve the property taxpayers.
5 . The taxpayers cannot afford to pick up any deficits in operating
costs. It is not clear at this point, how this situation would be
addressed.
Other reasons for not implementing the pool facility at this time and
site, include the following:
1. There are facilities in the area currently which are underutlized,
including SUNY and area YMCA's. These alternatives, and possibly
others, were not addressed specifically in the study.
2 . We are in an era which has consolidated services as the major
message for municipalities . We should explore that point when
discussing a major venture such as a pool, to determine if there is a
mutual need with one or more of our municipal neighbors.
3 . The selection of Rye Hills Park was supported in the pool study,
partially on the basis of the Hidden Falls residential development
being installed with its roadway approach in place. The fact of the
matter is that Hidden Falls is barely one/fourth of the way toward
completion. No assessment has been made in the study, as to whether
the impacts of this proposal will be either positive or negative to the
eveptual completion of these homes. That is significant consideration
for our tax base. Moreover, due to the fact that traffic ingress and
egress was a major issue during the planning stages for Hidden Falls,
the issue of 100 plus cars using the roadway leading to Rye Hills Park
for pool usage reinstitutes the questions of overall traffic safety in
the area of North Ridge Street. That was one of the concerns of the
Police Department in their comments to the Village Board.
31
i
004111
May 26 , 1992
I
4 . A Recreation Commission study of alternate uses for Rye Hills Park
j will be released shortly. This was a site-specific study, done to
guide our Recreation Department and Village Board as to what our
residents would like to see on that site. A Village-wide
questionnaire was distributed and returned by our residents. The
results are being studied now. Acceptance of this site at this time
for the pool, would virtually pre-emp the wishes of those people who
responded to that survey.
The Pool Committee study was not instituted as a site-specific project
for that site, but rather to determine suitable sites after
establishing whether the need for a pool is sufficient to move forward.
5. Much has been said in public hearings about the environmental
aspects of the site, including the possibility of blasting to remove
rock. Other subsurface land issues have been raised which seriously
call into question the suitability of the site for pool excavation.
I have concluded, based on the reasons just stated, that the taxpayers
need a break at least until the economy turns around and the Village's
revenue stream is more stable, Additionally, the Village Board needs
to assess whether it can count on the restoration of State aid at some
point down the road, or if we will be expected to continue to take care
of our needs totally on our own.
Additionally, the non-financial issues raised seem to generate more
questions than answers, particularly regarding the suggested site.
I therefore recommend that the Board vote not to proceed any further at
this time with a pool complex at Rye Hills Park.
I
Trustee Solomon added that the Pool Committee was not supposed to be
site specific and were supposed to provide a range of sites. The
proposal just has an impact on too many people. Trustee Solomon stated
that when he walked the Village, he heard about the need for a twelve
month a year teen center rather than a two month a year pool .
Trustee Zuckerman stated that the first mistake was appointing a
committee initially that had as it' s purpose to build a pool in the
first place rather than seeking to achieve a balance of area residents
that could look at the question of a pool objectively. There was no
flexibility shown in proposing modifications to that proposal. As late
as April, the proponents were given the opportunity to take the
proposal off the table for reconsideration and this was not done. A
year round facility is needed, according to many residents of the
Village. Many people suggested a facility such as Purchase Community
House, where different events could take place. We need to look
carefully at what our future holds and develop guidelines as to where
we want to go. The first, is a facility that will be year round and
serve all of the residents of the Village. The facility should be
located in an area that is non evasive to the surrounding residents and
will not impact on homeowners in the immediate area .
32
0
May 26, 1992
The funding for that facility should have no impact on non users of the
facility. There has been talk of floating private bonds, which
apparently was never considered by the Pool Committee. There are many
bright people in this Village and there can be a way of financing a
community facility without impacting on our poorest tax payers who may
not be using that facility. What is needed is the establishment of a
new Committee that will consist of people affiliated with the
Recreation Commission, The Office Search Committee, Pro Pool people and
people who oppose the pool to get a charge to be determined by the
Village Board to look into a long range plan to establish the type of
facility needed in Rye Brook, that should fit the outline that has just
been mentioned.
Mayor Cresenzi added that he agreed that the proposal was site specific
and the location was a poor choice. To spend in the vicinity of 2
million dollars for a 3 month facility at this point in time, given the
other needs of the community such as a Village Hall and a Community
Center is unrealistic. This is a prioritized list which the Board must
sit down and work out.
Mr. Heller stated that the Pool Committee should be commended because
they did something very important for this Community. They got the
Community to think of all the things that we must do in the future. We
should start long range thinking and planning.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
I
S. AWARDING CONTRACT #9203
STREET LIGHTING MAINTENANCE
On Motion made by Trustee Daly, seconded by Trustee Pellino, the
following resolution was hereby adopted:
RESOLUTION
AWARDING CONTRACT #9203
STREETLIGHTING MAINTENANCE
WHEREAS, on May 19 , 1992 , the public bid opening for Contract #9203 ,
entitled: Street Lighting Maintenance was held at the Village of Rye
Brook Office; and
WHEREAS, two bid proposals were publicly received and opened; and
WHEREAS, the Director of Public Works has reviewed each proposal and
has recommended that this contract be awarded to Dobart Lighting of
Port Chester, N. Y. ;
NOW, THEREFORE, BE IT
33
May 26, 1992
RESOLVED, that Contract #9203 for Street Lighting Maintenance be
awarded to Dobart Lighting of Port Chester, N. Y. at the hourly rate bid
of $32 . 50 per hour; and
FURTHER RESOLVED, that the Village Administrator is hereby authorized
to enter into agreement with Dobart Lighting for the maintenance of
Street Lights at the hourly price bid of $32 . 50 per hour with such
contract commencing on June 1, 1992 and expiring on May 31, 1995
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
9. LIBRARY APPROPRIATION 1992-1993
Trustee Pellino stated that he objects to this resolution because we
voted to increase the library appropriation by 50 last year. To now
pass a resolution just for the sake of saying that we have a 70/30
split with another municipality seems to be opening the door for
organizations asking for special contributions over and above their
budgetary allocations. The way that the Village of Port Chester
handled their budget hearings is their matter. If we want to correct
this problem, we should do so in our next budget year.
Trustee Daly stated that she agreed with Trustee Pellino.
Administrator Russo stated that the whole intent here is to establish,
for the record, that we did not raise the base contribution.
Trustee Pellino stated that we will open the door for every
organization to come to us looking for special contributions.
Administrator Russo stated that we can adjust this in the next budget
year, however, he had thought that it might be prudent to put something
on the record that there was a change requested by the Library.
Trustee Zuckerman stated that there is a change, we are paying more and
next year, they might vote for no increase, so we must vote for what we
feel is appropriate. Perhaps we should discuss this with the Library
Board and the Port Chester Trustees .
Mayor Cresenzi stated that he had discussions with the Library Board
however, it would be helpful if we knew what Port Chester is planning
to do.
It was therefore decided that no action would be taken on this matter
and the Motion was retracted by Trustee Daly and Trustee Zuckerman.
34
00 3.214
May 26, 1992
10. SUPPORTING AUXILIARY POLICE LEGISLATION
Attorney Beane explained that this is necessary because presently
Westchester County is supporting both a Senate and Assembly Bill which
are in Albany. The Homerule Resolution makes certain positive changes
in the Auxiliary Police Statute and regulations which both the county
favors and we favor. In order for the state to pass this, they need
confirmation from each of the 47 communities in Westchester County.
They need approval resolutions with homerule resolutions prior to
passage. Because of this the Village wants to pass such a resolution
and now will put forth through motion such a resolution expressing
support of the County's position and of the Bills currently in Albany
so that the amendments can be implemented.
Trustee Zuckerman stated that when he and Trustee Pellino attended a
Municipal Officials Dinner in May a presentation was made about this.
He was worried that this bill would have no effect on us directly
unless we wanted to enact it ourselves, so we are not bound by what the
State does.
Mayor Cresenzi stated that the real change in the language that would
effect the way the Auxiliary Police are used now is on line 26 and 27
where it says "amended to assist the Police Department in directing and
controlling traffic, crowd control and or patrolling public lands and
buildings" . With the amount of criminal mischief that has taken place,
the Auxiliary Officers have been used on the Forth of July, Halloween,
etc. He added that if you want to adhere to the law as it exists now,
you can't assign an auxiliary a patrol to go from Ridge Street School
to Blind Brook High School to Port Chester Middle School . This would
j allow us to do this legally. It does not bind us in any way.
Trustee Solomon stated that you are saying that the language would
enable us to have a auxiliary in a Police Car by himself doing his own
patrol without another Police officer in the car with him.
Mayor Cresenzi stated that currently under the State Law the Auxiliary
Police must be- under the supervision of a regular Police Officer and
now have extended that to mean that the Officer on the desk is
supervising the Auxiliary officer.
Trustee Solomon stated that we could have more cars out patrolling the
Village on Halloween or Fourth of July.
Vinny Lyons questioned if they will be using the Police Patrol cars and
if so, will they be marked Auxiliary police.
Mayor Cresenzi stated that the regular patrol car will be used with a
metallic magnet saying Auxiliary Police.
Mr. Lyons stated that he hopes the Village has enough policemen on the
road and will not have to use the Auxiliaries .
35
004320
May 26, 1992
Mayor Cresenzi stated that we have enough Police officers . Chief
Santoro has proposed to not use a marked vehicle, but to take a pool
car that we currently use and put the magnetic Auxiliary Police signs
on them. They could also use a regular patrol vehicle, providing it
had the word Auxiliary over Police.
Trustee Solomon questioned what the Board would be voting on this
evening.
Attorney Beane explained that the Board would be voting on a resolution
expressing support.
On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the
following resolution was hereby adopted:
RESOLUTION
SUPPORTING AUXILIARY POLICE LEGISLATION
HOME RULE REQUEST
RESOLVED, that pursuant to Article IX of the Constitution of the State
of New York, the Village of Rye Brook hereby requests the enactment of
Senate Bill No. 5975E and Assembly Bill No. 11553 entitled: "An Act to
amend the criminal procedure law and the general municipal law, in
relation to the assignment of Auxiliary Police Officers by Cities,
Towns and Villages in the county of Westchester" ; and be it
FURTHER RESOLVED, that it is hereby declared that a necessity exists
for the enactment of such legislation.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
11. ESTABLISHING FINE FOR ALCOHOL
CONSUMPTION ON SCHOOL/VILLAGE
PROPERTY
Trustee Daly stated that this item should be removed from the Agenda
and discussed at a later date.
Attorney Beane recommended that the Mayor table this item for tonight.
Mayor Cresenzi asked the Board to convey to the Recreation
Superintendent that if they do have this problem that they enforce the
existing guidelines. The team should be suspended from play if this
becomes a problem.
Trustee Daly stated that they should be sent a warning letter.
36
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0e 4 3 26
May 26 , 1992
12 . APPROVAL OF BILLS
On Motion made by Trustee Daly, seconded by Trustee Pellino, the
j following resolution was hereby adopted:
RESOLUTION
APPROVAL OF BILLS
RESOLVED, that all bills must be signed and audited by the Village
Administrator and approved by the Village Board of Trustees prior to
being mailed out to the vendors; and be it
FURTHER RESOLVED, that the exceptions to this policy are utility bills,
rent, postage and any other bills which will result in a late payment
penalty fee. Payment of bills may be mailed out prior to approval by
the Village Board of Trustees effective June 1, 1992 .
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
13 . 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 : #4335-4486
Hand Checks : #10015-10035
Payroll Checks: #6874-7087
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
37
May 26, 1992
C13 !
WRITTEN COMMUNICATIONS
14. STEVEN P. KANDILAKIS
RE: RESIGNATION OF RECREATION LEADER
Administrator Russo explained that June 9 , 1992 is Steve's last day as
he will be pursuing further education in the area of Therapeutic
Recreation.
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the
following resolution was hereby adopted:
RESOLUTION
RESIGNATION OF RECREATION LEADER
RESOLVED, that the Board of Trustees of the Village of Rye Brook do
hereby accept, with regret, the letter of resignation from Recreation
Leader Steven P. Kandilakis.
FURTHER RESOLVED, that the Village Board expresses their best wishes to
Steve in his future years to come.
i
Trustee Solomon stated that Mr. Kandilakis is an excellent worker, and
very conscientious. He will be a loss to the Recreation Department and
to the Village.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
15 . MICHAEL J. ARMIENTO POLICE COMMISSIONER
CITY OF NEW ROCHELLE
RE: POLICE OFFICER TERENCE WILSON
POLICE OFFICER GREG AUSTIN
Administrator Russo read a letter of commendation for Police Officer
Wilson and Police Officer Austin who assisted New Rochelle a few weeks
ago when they needed help during the unrest.
16. JAMES J. HOGAN, WESTCHESTER COUNTY
DIRECTOR OF RESOURCE MANAGEMENT
RE: PAYMENT PROGRAM
RECYCLING INCENTIVE
Mayor Cresenzi explained that this was a $7 , 700 refund due to the
Village for the trash that was taken out of the waste stream due to the
recycling.
38
May 26, 1992 `v `%t3,6
Administrator Russo read the letter congratulating the Village on their
successful recycling program.
Mr. Circosta stated that this is the 1991-1992 budget year and this is
also unanticipated revenue.
17. THOMAS NARDI
RE: RYE BROOK PLUMBING BOARD
18. MICHAEL HAY
RE: RYE BROOK PLUMBING BOARD
19 . PAUL AGOSTINO
RE: RYE BROOK PLUMBING BOARD
Administrator Russo explained that we received three letters from these
gentlemen to serve on the Plumbing Board of Examiners, however, we have
some licensing requirements to take care of before we can officially
appoint them so I won't recommend that we appoint them tonight, but for
the record the letters were read. As soon as the correct paperwork is
complete, we will formally draft a resolution to appoint them.
19 . FREDERICK C. SCHMALING, SECRETARY
VETERANS CENTRAL COMMITTEE
RE: MEMORIAL DAY 1992
REQUISITION OF FUNDS
Administrator Russo explained that this was done by a Resolution that
was approved in July, 1991 . We approved an annual contribution of
$750.
Trustee Pellino questioned what exactly this meant.
Mayor Cresenzi stated that a year ago, the Board approved a resolution
based on a request by Bernie Abel from the Veterans Central Committee
for Memorial Day and Veterans Day in the amount of $750. This was to
j be paid annually in July.
i
Trustee Zuckerman questioned if the Village has been in contact with
them since the Resolution was signed.
Administrator Russo replied that there has been no contact with them.
Trustee Zuckerman suggested that this be tabled until we have spoken to
them and see if they remember that this was to be done every July.
Mayor Cresenzi stated that this was nothing to act on anyway, we only
we needed to deal with the correspondence. He instructed the Village
Administrator to give the Veterans Central Committee a copy of last
years resolution so they are aware of the situation.
39
May 26, 1992 0 043 s.j
20. R. JEANETTE POOLE, GENERAL CHAIRMAN
PORT CHESTER/TOWN OF RYE
INDEPENDENCE DAY OBSERVANCE COMMITTEE
RE: REQUEST FOR FUNDS
Administrator Russo stated that he was not sure how much money they are
requesting, but would find out from Tom Hroncich, Superintendent of
Recreation and Parks.
Mayor Cresenzi stated that it is a budgeted item and the amount that we
give them every year is in the area of $650 . We do not have to vote on
this, only correspond back to them.
All Trustees agreed to grant the request.
21. ANTHONY J. MORANO, CHAIRMAN
COLUMBUS DAY CELEBRATION COMMITTEE
RE: COLUMBUS DAY PARADE
Administrator Russo stated that they are requesting permission to use
part of Rye Brook for their parade on October 18 , 1992 . The area is
Bowman Avenue which has been done before.
All Trustees agreed that this was not a problem.
22 . PHILIP A. MONTARES, ASSOCIATE PRODUCER
FIREHOUSE FILMS
RE: FILMING REQUEST
Administrator Russo stated that we get maybe one request a year
pertaining to this. We do not have a law regulating this as other
municipalities do. In the past we have gone by Rye City's requirements
and by resolution have adopted them. In the beginning we prohibited
this because we had no mechanism to deal with it. Then the Board
looked into this further and we have approved this in the past under
certain conditions.
Trustee Solomon questioned if we could get the legislation from the
City of Rye to review and then get back to them.
Administrator Russo stated that he can't propose a fee requirement
without this Board.
Mayor Cresenzi stated that we will get a copy of the Rye City Ordinance
and then act on this. He also suggested that since there is no fee_,
perhaps the Village would accept a donation.
Attorney Beane stated that Rye City has a release that they have people
sign and a fee. He added that he would discuss this with Administrator
Russo.
40
v
May 26, 1992
DISCUSSION
23. LOCAL LAW #3-1988 ENTITLED:
RESIDENTIAL LOT AREA COVERAGE
Trustee Zuckerman stated that he has always had a problem with this
law. Somewhere along the line a sentence or section was dropped out of
this law and he suggested that we have a section A that says "No main
Building or accessary building shall on any lot exceed the square
footage allowance set forth in accordance with the following schedule".
There should also be a section B that says "In no case shall the second
floor area exceed that of the first floor square footage allowance" .
Mr. Gissen stated that there is a slight difference from the Code
because it talks about building footprint and this talks about floor
area. The allowances listed below, are the maximum.
Trustee Zuckerman stated that the way this law reads is very unclear
and the language should be changed.
Attorney Beane pointed out that this entire section is part of the
Zoning Update and other issues should also be looked into.
Trustee Pellino stated that the purpose of having this discussion is
basically because we have an applicant who has asked for consideration
for a change in this Local Law as it pertains to the R2F and the R5
Districts, which are five thousand square foot area districts in terms
of lot area coverage. The main building currently allows for 30%
maximum lot coverage and an accessary building currently calls for a
maximum of 5% lot area coverage and decks 3 1/2 % lot area coverage.
The applicant is requesting that in the case where there is not a full
utilization of the maximum on the main building that he be allowed to
borrow from that square footage from the main building and apply it to
an accessary building, but in no case will the main building still be
allowed to exceed 30% and the total of the lot not allowed to exceed
35% where there is a main and an accessory building. Trustee Pellino
added that Mr. Gissen, of Frederick P. Clark Associates has written a
memo giving his opinion and the issue really is borrowing from unused
square footage on the main building for other purposes.
Mayor Cresenzi stated that currently, according to our existing Code,
an accessory building can be built of two hundred and fifty square feet
to within five feet of the side yard rear property lot lines. That is
ten by twenty-five feet and is a reasonably large structure now to have
within five feet of a rear property line. He objects to the idea of
borrowing, as that number could increase and you would have a much
larger structure that would be closer to the property lines and would
impact the side and rear yard neighbors tremendously.
Trustee Solomon stated that taking into account what was just said,
could Mr. Gissen come back with a new opinion for the next meeting.
41
May 26, 1992 �JG3J.L
i Mr. Gissen stated that his intention was to try to lay out what he
perceives the ramification of one choice or the other. Both things
that have just been said are correct so then it becomes a policy issue
for the elected officials of the Village to decide which interest is
more important. The residents needs and the impact it will have on the
other neighbors.
Trustee Zuckerman questioned if there is a way to prepare a
mathematical graph that would show us the ramifications of the various
options. Is there a way we can measure impacts to see which way might
be possible.
Mr. Gissen stated that a simple graphic can be done to measure impacts.
Mr. Circosta stated that when this law was developed, a few homes in
the Village were used as examples and we looked at the setback
requirements and by following them, determined what was allowed to be
built. Then we took that number and reduced it, because we were
finding that people were building out to the maximum setbacks so we
reduced it to give it a little flexibility in shifting the house one
way or the other. If you do allow someone to borrow from the principal
to the accessory to a certain maximum percentage, then you must look
the other way also.
Mayor Cresenzi stated that this discussion would be tabled until the
next regular meeting.
APPROVAL OF MINUTES
24 . MARCH 24, 1992
I
25 . APRIL 14, 1992
26 APRIL 27, 1992
27. APRIL 2811992
The Board of Trustees agreed to table the Minutes due to the lengthy
Agenda and lack of time to read them.
Trustee Daly stated that in the Rye Brook Report, which is the
newsletter that the Village sends to each resident, there was a section
on the Youth Council that stated that the Youth Council does an
excellent job, however everything that was in the newsletter pertained
to Ridge Street School and Blind Brook High School . She stated that we
have students that belong to Park Avenue School, the Port Chester
Middle School and the High School and she suggested that they should be
incorporated into the program.
Lori Ann DeMarco, Asst to Village Administrator, stated that the
article was written by the Chairperson of the Youth Council who
highlighted activities that were sponsored at those sites .
Trustee Daly stated that they should sponsor activities at other sites
also.
42
"004332'
May 26, 1992
Trustee Solomon stated that he would like to send around a note of
commendation to the Youth Council .
Trustee Zuckerman questioned if there is a problem with working with
the Port Chester Schools in any way that functions are not being. held
there.
Mayor Cresenzi stated that the Bicycle Safety Day was for Elementary
School children and the Port Chester Elementary Schools are not within
the bounds of the Village of Rye Brook. We could run a program at the
Middle School or at the High School without any problems.
Ms. DeMarco stated that she would communicate to Nancy Tunis,
Chairperson of the Youth Council, to involve, whenever possible, the
other schools.
Trustee Zuckerman stated that whenever we pass local laws, we should
have written comments provided from the public. It would be very
helpful so that we could consider things prior to the meeting. We
should look into a public comment period, which other municipalities
have. We could utilize Channel 35 for that purpose. He added that the
Agenda for the Board of Trustees and the Planning Board should be on
Cable TV also so that the residents really know what is going on.
Trustee Zuckerman stated that in reference to the discussions that we
had regarding transmittals from the Planning Board, Mr. Gissens Memo
arrived fairly close to that. Is that a function that we should ask
Mr. Gissen to prepare, perhaps a checklist .
Administrator Russo stated that Mr. Gissen does a very good job, and by
having him work a little more closely with the Chairman of the Planning
Board, when he has a draft of his memo, it might be more beneficial.
Trustee Zuckerman stated that Mr. Gissen should prepare the format.
This should be a checklist format.
Trustee Pellino stated that we should have a summary of a
recommendation from the Planning Board as a separate document than that
of Frederick P. Clark because the two groups don't always agree on
every project.
Mayor Cresenzi stated that he agreed with Trustee Zuckerman and the use
of Channel 35 to advertise Public Hearings is a great idea.
Don Brown stated that the grass on both King Street and Ridge Street
has not been cut. He questioned if letters were sent out and if so,
how long it would take before the grass will be cut.
Mayor Cresenzi stated that he did not believe that any letters were
sent out yet.
I
Mr. Circosta confirmed that the Building Department has had some
communication with two of the parties but letters were not sent out
yet.
43
0L'433J
May 26, 1992
Mr. Brown stated that the Board told him that letters were going to be
sent out at the last meeting he attended.
Mayor Cresenzi stated that they have not gone out.
Mr. Brown stated that he felt there was something wrong here. If he
has to cut his grass in front of his house, why don't other people have
to cut the grass in front of their homes.
Mayor Cresenzi stated that everyone is supposed to cut the grass in
front of their homes. He reiterated that the letters were not sent
out, and that if Mr. Brown would like to yell at someone, yell at him.
Mr. Brown stated that he wants to yell at everyone in the front of the
room.
Mayor Cresenzi stated that he said the letters would go out and they
did not, therefore it is his fault, and not the Board' s fault. He
further stated that he is not trying to side step anything.
Mr. Brown reiterated that there is something wrong here.
Mayor Cresenzi stated that there is nothing wrong, he just forgot to
see that the letters were sent out. He questioned if Mr. Brown was
implying that there was a conspiracy here.
Mr. Brown stated that if this community has a law, it should be
enforced. If there is a Building Inspector and a Highway Foreman that
are supposed to enforce these laws, why aren't they enforced.
Mayor Cresenzi stated that he agrees that the law should be enforced
and further stated that the Village will have it taken care of.
Mr. Brown questioned if he might be given a date as to when this will
all happen.
Mayor Cresenzi -stated that he will not give Mr. Brown a date, he will
just say that it will be taken care of.
Mr. Brown added that these other residents have to take care of their
grass once a year and he has to take care of his grass every week. It
is crazy.
Mr. Heller stated that at the last meeting, we spoke of the ethics of
the Judiciary appearing before the Board. Is this strictly a Rye Brook
situation, because in other communities it is different. What is the
general state law which regards this issue. Why does this differ from
other communities. If he could have an answer by the next meeting,
that would be soon enough. If the Board does not want to do this
publicly, they can give him the references and he will look it up
himself.
Attorney Beane stated that we discussed at the last meeting what the
Rye Brook Code of Ethics stated.
44
004 334
May 26, 1992
Mr. Heller stated that it was written by the previous administration
and is strictly Rye Brooks Code of Ethics. He questioned if this
administration could change that one item in the Code of Ethics.
Mayor Cresenzi stated that the Board could change any item, they felt
should be changed.
Mr. Heller stated that many people in the Village are viewing this as
a problem. This individual is doing quite well, financially in this
community and the job he holds has much to do with the fact that he
appears before this Board before every meeting. In no other community
does this exist except in Rye Brook and years ago this was mentioned
and seemed to involve favoritism. Years ago, Mr. Heller stated that he
received a lot of pressure and heartache because he brought this out
publicly and Mr. Gioffre reciprocated against him in several ways.
This is an issue where an individual can reciprocate when you lay the
pressure out on the public meetings. He should not be in a judiciary
position where the public is afraid to express itself strongly about an
issue, feeling that some day they may have to appear before this
Judiciary and then face the consequences. He stated that this is an
ethical and moral issue and this Board should face up to that and take
one side or the other side, not play both. In the past it was a
favoritism between the Administration and the Board and the Judiciary
and it should not longer be that way. He is practically the only
lawyer appearing for every applicant in the Community. He has some
type of monopoly and all the other lawyers who have appeared in the
past, no longer do so. Everyone knows that if you need something done,
you go to this individual because he has both ends covered. This Board
must take care of this. Losing a Judgeship is not a great deal of
money as he is making a great deal of money as an Attorney. This is
becoming a very critical issue in the Village.
Brian Harrod, of Advanced Building Maintenance, stated that he strongly
seconds Mr. Hellers comment, he would never want to appear before Judge
Gioffre. Mr. Harrod further stated that on May 11, 1992 he delivered
to the Village of Rye Brook a Freedom of Information Request and as to
date has not received the full request. He questioned Mayor Cresenzi
why he has not received his full request.
Attorney Beane stated that item #2 which Mr. Harrod requested is
clearly not producible as any correspondence from the Village
Attorney' s office is obviously privileged and does not even require any
further comment. He questioned Mr. Harrod as to what information he
did not receive that he feels he should have.
Mr. Harrod stated that he would have liked to receive item #2 , #4 and
#5. Mr. Harrod proceeded to ramble on and was cut off by Attorney
Beane who wished to handle this matter, one item at a time.
Attorney Beane stated that we already addressed item #2 . As for Items
#4 and #5, the information does not exist, so therefore, with the
exception of item #2 , we have given Mr. Harrod everything that we have.
Administrator Russo stated that Attorney Beane is correct.
45
May 26, 1992 004 3 )tea
Mr. Harrod stated that on the request form it says if any portion of
the request should be denied, please inform me in writing. Why wasn't
this done.
Administrator Russo stated that he did not deny Mr. Harrod anything,
the information just did not exist.
Mr. Harrod stated that if it was denied he asked for it to be in
writing. Item #2 appears to have been denied.
i
Attorney Beane stated that Item #2 is privileged information as
explained earlier. He will give this to Mr. Harrod in writing.
Mr. Harrod questioned whom the appeal person was.
Attorney Beane stated that he had to go to court.
Mr. Harrod stated that he took this letter out of a booklet that the
State of New York produces and they have an appeal letter in there. It
is a form letter, you put the information that you would like and then
ask who in the governing body you appeal to. There is an appeal
process before you go to New York State. He further stated that his
whole request was just ignored.
Attorney Beane stated that that was absolutely not true. He was
provided with all the information that existed. The fact that he did
not get something does not mean that his request was denied. It means
that it does not exist. Attorney Beane stated that Mr. Harrod can send
the appeal to the Village Administrator and that Attorney Beane will
respond.
Mr. Harrod questioned why the Village was insisting on limiting his
access on some of these information points .
Attorney Beane stated that under the Freedom of Information Law, the
Village has a right to withhold certain documents among the most
obvious, a privileged document. Every person is treated fairly and if
one disagrees, they may go through the appeal process. If after that
one still disagrees, they can go to court and find out whether or not
they are wrong. Every single document that exists has been provided.
Mr. Harrod stated that on May 12 ,1992 , Bruno Gioffre approached the
Board and requested the tapes be saved and Mayor Cresenzi responded "We
would be happy to do that for you Your Honor" .
When he requested d the
same thing, he had to request this in writing and wait four days so
that
Mr. Russo and the Village Attorney could investigate if they could
release the tape to me. He had to go home and wait for a letter that
said that it would take a month to respond to the request. "How come
Bruno can make a verbal request and get special treatment when I had to
meet with the Village Attorney and complete forms and wait a month" ,
Mr. Harrod questioned.
Mayor Cresenzi stated that Mr. Gioffre has not made a formal request
for any information, nor has he received any information. There is no
privilege here. Anyone could have a copy of the tape as long as they
follow the procedure, of which Mr. Gioffre is aware.
46
004336
May 26, 1992
Mr. Harrod stated that the Mayor did not tell Mr. Gioffre that he would
have to wait a month.
j
Attorney Beane stated that Mr. Harrod did not meet with the Village
Attorney for the purpose of obtaining the tape. The tape is a public
document.
Administrator Russo stated that when he met with Mr. Harrod and
Attorney Sarah Peake, he said that he was interested in getting a copy
of the tape and that on his way out he would fill out a form requesting
the tape. He has since then received a response in writing based on a
very ambitious time frame in which the minutes are prepared. We need
a working draft from the office before the tapes are released. In a
conversion that took place on Friday afternoon between myself and Mr.
Harrod, it was communicated that if he submitted micro tapes, the
Village would copy them for him sooner than that date.
Mr. Harrod requested that he be allowed to come into the Village hall
this week and listen to the tape and make his own recording and use
another recording device.
Administrator Russo stated that he would rather make a copy and give it
to him.
Mr. Harrod stated that this would only take a lunch hour, you stick a
tape in and press record. He added that he was not interested in the
Public Hearings.
Trustee Daly stated that it is not just one tape, there are several
tapes and we would need to figure out which part of the tape he would
like.
Mr. Harrod stated that he knows that he had a great deal of trouble in
the Town of Rye with Donald Gioffre and he feels that it is very
apparent that Fred Gioffre used his so called bid officers to keep him
off the Vendors list and now it seems that Rye Brook Village Justice,
Bruno Gioffre i`s not satisfied with rezoning Rye Brook from one end to
the other and God Forbid you make a comment against this guy and have
to visit him in his court room.
Trustee Daly questioned what Mr. Gioffre has to do with the decision
that this Board made regarding the Cleaning Contract.
Mr. Harrod stated that he feels that he has a need to determine who
cleans the toilets in Rye Brook and wonders why this is being
tolerated, it is bad enough that he has represents every developer that
comes before this Board.
Mayor Cresenzi stated that Mr. Gioffre is the Town Justice, not the
Village Justice. That has nothing to do with the Village offices.
Mr. Harrod stated that the Town handles traffic cases.
Trustee Daly stated that Traffic cases has nothing to do with the
Cleaning of the Village Offices. She added that Mr. Gioffre is not the
only Justice, Mr. Colangelo is also a Justice.
47
May 26, 1992 00433 /
Mr. Harrod stated that it is time that Rye Brook Trustees realized that
they represent many more families besides the Gioffre family interests
and it is horrendous that first the Board tries to manipulate the bid
process and then won't provide access to public records.
I,
Mayor Cresenzi stated that he is not going to get into a debate with
Mr. Harrod on this, but he disagrees with those two statements.
Mr. Harrod reminded this Board that public records belong to the public
are bought and paid for with the public tax dollars and the Board is
entrusted to take care of them giving other people higher priority is
very unfair.
Mayor Cresenzi stated that he disagrees as no person was given higher
priority.
Mr. Harrod disagreed with Mayor Cresenzi's disagreement. The Village
looked for a reason to deny him. He met with someone from the Village
Attorney' s Office and Administrator Russo and they told him that they
wanted to look to see if they had to give him the tape.
Mayor Cresenzi stated that Mr. Harrod was wrong.
Mr. Harrod then came back and was told to put in a request for the
tape, which he did and then had to wait for a letter that told him to
wait another month.
Mayor Cresenzi stated that for a point of information, we did not
approve the minutes that were supposed to be approved tonight, one set
is from March 24 and it is May 26 and we are just getting to approve
the minutes of March.
Mr. Harrod stated that to make a recording doesn't affect this. A
person is not constantly using a tape eight hours a day, five days a
week.
Mayor Cresenzi -stated that no one has said Mr. Harrod could not have
the tapes, if he brings in the tapes, they will be copied for him.
Mr. Harrod questioned who will be cleaning the building after May 31st.
Attorney Beane stated that Mr. Harrod has no right to treat this Board
like they are witnesses in a courtroom. All the bids were thrown out.
The Board has a right to do that. Every piece of information that Mr.
Harrod requested, he received. If the information that he asked for
did not exist, then obviously he could not receive it. On Friday, he
was given the whole file.
Mr. Harrod stated that he feels that the process has been manipulated.
The other cleaner was able to come in and take equipment out the front
door and the Board was aware of it. The Police Department is supposed
to have their area vacuumed six days a week and they have been looking
to use an old piece of Village equipment to clean their area. The
Village is also paying for insurance that the Cleaning Company does not
even have. Now when Brian Harrod walks in here as the lowest qualified
bid, you go into "Administrative Overdrive" .
48
OC4 3°36
May 26, 1992
Mr. Harrod stated that the Village called references in an
inappropriate manner and made false accusations that the Bid Bond was
submitted wrongly and when it was challenged they redid specifications.
He questioned when the Village was going to redo their specifications
and who is going to be cleaning the Building on June 1st.
Attorney Beane stated that they do not know when they are going to redo
their specifications.
Mr. Harrod submitted that the answer is about as credible as Leonard
Spano saying "I didn't know that my son was up for this high level job
I just created. "
Attorney Beane stated that Mr. Harrod enjoys accusing people of doing
things.
Mr. Harrod questioned how many days to the first of the month and the
Village does not know who is going to be cleaning the Office. This is
lax administration or the Village is being untruthful and they are
scheming.
Trustee Daly stated that it is the same when other contracts come up
for renewal, if we do not have a renewal plan in place, we just make an
extension of the current contract, if we choose to do so. That is one
of our options as we can have anyone clean the offices .
Trustee Zuckerman questioned if Mr. Harrod is a resident of the
Village.
Mr. Harrod replied "No! " .
Trustee Zuckerman questioned if there was a purpose in coming here and
pressuring the Board into giving him this contract.
Mr. Harrod stated that he is not trying to pressure the Village into
anything.
Mr. Zuckerman stated that he is not a resident and should not be
concerned as to how the Village cleans it's Building. Mr. Harrod is
here as a contractor seeking to get a contract from this Board to make
money from the Village.
Mr. Harrod stated that he is here because he is very upset with the
process that has occurred previous to this. He pays tax dollars
himself. It is all the same pool of money, you can't say "Just because
you are .not from Rye Brook we can waste the money and it does not
effect anyone else" .
Trustee Zuckerman suggested that Mr. Harrod go to New York City and
suggest ways for them to not waste money as they waste a lot more money
than the Village does .
Mr. Harrod stated that Trustee Zuckerman is saying that it is all right
that the Village wastes money because New York City wastes more.
49
i
May 26, 1992 004-33
Trustee Zuckerman stated that the Village wastes very little money,
probably none.
Mr. Harrod stated that it is a waste to pay for insurance that you
never receive and also the carpet in the Police Department is beyond
repair. This is an additional expense to the Village.
Attorney Beane questioned what this had to do with Bids for a new
contract.
Mr. Harrod stated that it had a great deal to do with Bids for a new
contract because he believes that there is political meandering.
Attorney Beane stated that Mr. Harrod should either prove this or
refrain from making these accusations.
Mr. Harrod stated that before the Village throws an employee the job,
they should worry about getting the minutes done. Who is going to
clean the offices and when will you know this answer as it is the
Village Taxpayer' s right to know.
Trustee Pellino stated that Mr. Harrod is not a Village of Rye Brook
Taxpayer. He is a contractor and unless he is prepared to substantiate
some of these wild accusations that he is making, then he suggests that
he just cancel his speech and leave.
ADJOURNMENT
On Motion duly made and seconded the meeting was adjourned at 1 : 30 a.m.
Respectfully submitted,
ElizabethCzalkow� ski
Secretary to Village Board
50
I