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HomeMy WebLinkAbout1991-05-28 - Board of Trustees Meeting Minutes AGENDA VILLAGE BOARD MEETING j MAY 28, 1991 8:00 P.M. PLEDGE OF ALLEGIANCE AGENDA PUBLIC HEARING 1. ADOPTION OF THE VILLAGE OF RYE BROOK CODE PROPOSED LOCAL LAW #1 - 1991 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. PRESENTATION OF POLICE ASSOCIATION RECOGNITION AWARDS RESOLUTIONS 3. ST. PAULS LUTHERAN CHURCH SECTION 1, BLOCK 8, LOT 4B KING STREET/COMLY AVENUE EXTENSION OF SUBDIVISION APPROVAL 4. AUTHORIZING MAYOR TO ENTER INTO INDEMNIFICATION AGREEMENT ROYAL EXECUTIVE - PARK PHASE III 5. DECLARING VILLAGE OF RYE BROOK LEAD AGENCY RE: COMPOST FACILITY 6. AUTHORIZING VILLAGE ADMINISTRATOR TO ENTER INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, P.C. CONSULTANTS AND DESIGNERS OF WHITE PLAINS, NY RE: STUDY PHASE - RYE HILLS STORM DRAINAGE 7. MCI CORPORATION 1100 KING STREET SECTION 1, BLOCK 3, LOTS 2, 3 & 4 REFERRAL TO THE PLANNING BOARD SITE PLAN MODIFICATION 8. DEDICATION OF WYMAN STREET NORTH 9. CHECK REGISTER WRITTEN CORRESPONDENCE 10. FRANK NARDI, PLUMBING INSPECTOR RE: RETIREMENT APPROVAL OF MINUTES 11. MARCH 26, 1991 12. APRIL 9, 1991 13. APRIL 23, 1991 NEXT MEETING DATES AGENDA MEETING - JUNE 11, 1991 - 8:00 P.M. REGULAR MEETING - JUNE 25, 1991 - 8:00 P.M. HELP THE VILLAGE OF RYE BROOK LOWER IT'S TONNAGE AND RECYCLE! ! ! ! 001901) MINUTES OF A REGULAR MEETING BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MAY 28, 1991 CONVENE MEETING The Meeting of the Board of Trustees was called to order by Mayor Cresenzi i at 8:05 p.m. in the Meeting Room and the Pledge of Allegiance followed. I Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Robert Ravich Trustee Randy Solomon Also present were: Christopher J. Russo, Village Administrator Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer Rocco V. Circosta, Director of Public Works Elizabeth Czajkowski, Secretary to the Village Board Lori Ann DeMarco, Ass't. to the Village Administrator was not in attendance at this meeting. I t,(� May 28, 1991 �0190x Mayor Cresenzi stated that the Agenda would not be in order this evening as item #2 would be discussed first. 1. PRESENTATION OF POLICE ASSOCIATION RECOGNITION AWARDS. Mayor Cresenzi called upon Officer Ciccone who, on August 3rd 1990, ! responded to a medical emergency on Upper King Street where he came upon a fourteen year old who had stopped breathing. officer Ciccone immediately began administering CPR stabilizing the youth until emergency medical personnel arrived to take the youth to the hospital. For Officer Ciccone's efforts, he is awarded a "Life Saving Certificate". Mayor Cresenzi then called upon Detective Peter Ramundo and Detective Frank Giorno. On November 16, 1989, a robbery occurred on the border of the Villages of Rye Brook and Port Chester. Both Detectives were working on the investigation, which had appeared to have come to a standstill, until Detective Giorno spotted a car having a partial plate number that was given to them by a witness. The vehicle was followed and turned out to be the vehicle involved, which led to the arrest of the suspect who had committed the robbery. For their efforts, both Detective Peter Ramundo and Detective Frank Giorno arex awarded "Honorable Mention Certificates". Mayor Cresenzi stated that the Public Hearing will be the last item on the Agenda to be discussed. RESOLUTIONS 2. ST. PAULS LUTHERAN CHURCH SECTION 1, BLOCK 8, LOT 4B KING STREET/COMLY AVENUE EXTENSION OF SUBDIVISION APPROVAL On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION ST. PAULS LUTHERAN CHURCH KING STREET/COMLY AVENUE SECTION 1, BLOCK 8, LOT 4B EXTENSION OF SUBDIVISION APPROVAL WHEREAS, on November 27, 1990, the Village of Rye Brook Board of Trustees approved the Subdivision of the property located on King Street/Comly Avenue and known on the Official Tax Map of the Village of Rye Brook as Section 1, Block 8, Lot 4B; and - 2 - May 28, 1991 0().190.2 WHEREAS, final approval of the subdivision map by the Westchester County Department of Health has not yet been obtained and therefore the applicant has been unable to submit the Subdivision Plat for signature; i NOW, THEREFORE, BE IT RESOLVED, that the St. Pauls Lutheran Church, Section 1, Block 8, Lot 4B be extended by ninety (90) days from the date of this Resolution so that the necessary approvals may be obtained from the Westchester j County Department of Health. i John Colangelo, the attorney representing St. Pauls Lutheran Church stated that all the necessary documents are ready for submission and ninety days should be plenty of time. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE 3. AUTHORIZING MAYOR TO ENTER INTO INDEMNIFICATION AGREEMENT ROYAL EXECUTIVE - PARK PHASE III On Motion made by Trustee Daly and seconded by Trustee Ravich, the following Resolution was adopted: RESOLUTION Royal Executive Park Indemnification Agreement WHEREAS, the Village of Rye Brook granted site plan approval to Phase III (IC) of the Royal Executive Park project located on King Street in Rye Brook, New York by resolution dated March 27, 1990; and WHEREAS, said resolution required as a condition of the site plan approval that the Royal Executive Park Partnership, the developer of the project, indemnify the Village and its appointed officers, employees, elected officers and agents against any claims brought by the City of Rye or any other person(s) in connection with Royal's modification of an existing water retention system on the project; and WHEREAS, an Indemnification Agreement incorporating the necessary provisions to satisfy this requirement has been prepared and approved by the Village Attorney, and executed by Royal Executive Park; - 3 - 001901 May 28, 1991 NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the Village of Rye Brook be and hereby is authorized to sign the Indemnification Agreement on behalf of the Village of Rye Brook in the form annexed to this Resolution as Exhibit "A". ' Mayor Cresenzi questioned if the Village would be liable in regard to timely notice of a certain complaint. Attorney Beane explained that the indemnification covers both the cost of litigation as well as liability. Royal Executive Park would have to pay all expenses from day one as long as the Village notifies them within thirty (30) days of the receipt of a claim. If we are found to be liable, then Royal Executive Park would not cover the litigation costs, which our insurance company would then be responsible for. Administrator Russo stated that we have never had a problem in the past with timely notification to our insurance company. Trustee Ravich questioned how a notice of claim is delivered. Attorney Beane explained it can either be served personally or mailed, but most people mail a notice by registered mail Trustee Pellino stated for clarification purposes, that the wording in the sentence should say that it should be received by the Village Clerk. Attorney Beane agreed and noted the changes. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi welcomed Joshua Filipowski who wished to bring before the Board of Trustees a proposal for playoffs to be held in the Rye Brook Recreation Youth Midget Baseball League. Joshua explained that his intention was to present this to the Rye Brook Recreation Commission, but they won't be meeting until next week, when the season will already be finished. Therefore, a petition is being presented to the Village Board of Trustees. He then stated the following benefits of Playoffs: Competition prepares Baseball players for Middle and High School sports. Playoffs motivate players, urging them to work harder to achieve success. The players want playoffs in the League. - 4 - Vouch CVC'n1n JJ r Maid or _ uO you-) h 11 I d�( pr Y y bbco plaJe,rS or r)-,(J(Ile J-)iqjo �5h(�o I spovd s /��+ make, p � Gd(T5 W) Or �-V ��\t�il.lOr' A (D -�-)!) C(, (?�:.: It1001 VI's v2 I and (lick A (-(,At')s (� be goo erg. ��� i M1` r.� �:.��<,�, w� 1 b�ca,� �... �71GqU�( ,<A Il('. i j UA i x`10 is I f7 /I w1 ( 've c.._.l 40—, -\- o j le c psi v} � �/�'LOL /G,�Z/• /.�c.1-�CJrtG��L.e',c�4lC�. � �f��2�, . ���.�G'�_.!JZCC . _ . 4"1 p cov 0 -- 0Zo --- e2 z 12C 0-0 le� Zr Ile ( -49 V a- IC-1 .......... 001504 May 28, 1991 i Playoffs give the last place team a chance to excel, for it could be anyones game. Without playoffs, the season is not really brought to a complete end. In conclusion, playoffs are exciting and fun. I Mayor Cresenzi stated that he would refer this to the Recreation Department and request a prompt reply, since the season ends on June 8th. j 4. DECLARING VILLAGE OF RYE BROOK LEAD AGENCY RE: COMPOST FACILITY On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION DETERMINATION OF LEAD AGENCY AND NEGATIVE DECLARATION FOR VILLAGE YARD WASTE COMPOSTING FACILITY TO BE LOCATED OFF OF KING STREET (RTE 120A) WHEREAS, the Board of Trustees of the Village of Rye Brook (Village Board) has determined that the proposed creation of a Village yard waste composting facility in accordance with New York State Department of Environmental Conservation standards is an Unlisted Action that should receive coordinated review as recommended by the New York State Environmental Quality Review Act (SEQRA) ; and WHEREAS, the Village Board has requested, received, and reviewed a short Environmental Assessment Form (EAF) ; and WHEREAS, the Village Board on February 22, 1991, circulated its intent to declare itself Lead Agency with respect to SEQRA along with the EAF to all involved agencies; and WHEREAS, the Village Board has received no objections to such designation; and WHEREAS, the Village Board acknowledges that this is a temporary site and that the Village Board intends to relocate such site within it's goals in recycling and the environment as soon as an alternate site becomes available. NOW, THEREFORE, BE IT RESOLVED, that the Village Board be and hereby is Lead Agency in the review of the proposed creation of a Village yard waste composting facility; and - 5 - 001906 May 28, 1991 i NOW, THEREFORE, BE IT FURTHER RESOLVED, that based upon the reasons stated in the attached Negative Declaration - Notice of Determination of Non-Significance dated May 28, 1991 which notice is hereby incorporated as a part of this resolution, the Village Board, as Lead Agency, hereby makes the determination that the proposed creation of a Village yard waste composting facility will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the attached Negative Declaration - Notice of Determination of Non-Significance dated May 28, 1991 is hereby approved and the same shall be filed and/or circulated pursuant to Law. Ken Heller of Lincoln Avenue questioned the whereabouts of the site. Mayor Cresenzi stated that the location is on King Street and Hillandale, and the compost is trucked out. It is a collection point throughout the year and the material is maintained under the EPA, who inspects the site. one big improvement, rather than using our payloader, is having the County shredder shred the material. Trustee Solomon questioned who would monitor the material on the site. For instance, what is to prevent a situation where a resident sprayed his trees with a certain chemical which was then collected for the compost site. Administrator Russo stated that we are primarily monitored by the State Department of Environmental Conservation and in addition, we have been monitored by the Health Department because of our added concern to receive a clean bill of health from every agency involved. The agencies check the site regularly unannounced. Trustee Solomon stated that the reason he brought this up is because of the problem associated with tree spraying. There being no further discussion, the following votes were taken. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE 6 - 00:1906 May 28, 1991 NEGATIVE DECLARATION Notice of Determination of Non-Significance May 28, 1991 This notice is issued pursuant to 6 NYCRR Part 617 of the implementing reevaluations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Board of Trustees of the Village of Rye Brook (the Village Board) , as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. This Determination is based upon the reasons stated below. The proposed action is the creation of a Village yard waste composting facility which will accept materials from the Village for processing, in accordance with New York State Department of Environmental Conservation standards. The total site area affected is one acre and is located off of King Street, Route 120A, between Hillandale Road and Arbor Drive, near the Connecticut border. A site location map is attached. The Village Board has determined that the proposed action is an unlisted action and has requested, received, and reviewed a short Environmental Assessment Form (EAF) . No potential significant environmental impacts were identified in the EAF and as more fully described below. No environmental effects are anticipated in consideration of 617.6(g) , 617.2(b), 617.3(k) , the EAF, as fully described in the Engineering Report in the Permit Application and 617.11 as follows: (A) (1) There will be no adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, quantity of solid waste production, or potential for erosion, flooding, leaching or drainage problems. (2) There will be no removal or destruction of large quantities of vegetation or fauna, interference with the movement of any resident or migrating fish or wildlife species, impacts on a significant wildlife area, effects on a threatened or endangered species of animal, plant or habitat or other natural resources. 3) There will not be a large number of people encouraged or attracted to the compost site, only one or a very few Village employees intermittently to seasonally deliver and process the material. Site Security prevents access. (4) The site will not create a material conflict with the Village's officially approved and adopted current plans and goals. - 7 - 0019V May 28, 1991 (5) The proper management of the compost site according to state guidelines will not impair the character or quality of important historical, archaeological, architectural or aesthetic resources or of existing community or neighborhood. A dense buffer exists and intermittent equipment use will minimize noise. (6) There will not be a major change in the use of either the quantity or type of energy due to intermittent use of village equipment. (7) The proper management of the compost site will not create a hazard to human health as confirmed by numerous other similar sites and articles obtained by the Village Administrator. (8) The site has not been used for agricultural, open space or recreational uses and the change in use connected with the proper management of the compost site will not be substantial. It has been cleared and unused for years. (9) There will not be the creation of material demand for other actions which will result in any consequences discussed here. (10) There will be no synergistic negative changes in elements of the environment resulting in a significant negative adverse effect on the environment. (11) There will be no synergistic negative results of actions undertaken by any agency to produce a significant effect on the environment. (b) No negative short term, long term or cumulative effects will occur because the Village will operate the site more efficiently over time and incorporate any improvements as they become available. (c) There is little significance of a material, substantial, large or important consequence in connection with its: (1) setting - proper operation will not disturb suburban neighbors; (2) probability of occurrence - unlikely with Village operating experience; (3) duration - unlikely due to Village monitoring and experience; (4) irreversibility - the entire project can be easily remedied or removed from the site, no permanent structures, equipment or effects; - 8 - 001908 May 28, 1991 (5) geographic scope - only a small site is involved with no adverse effects on its neighbors based on proper management; (6) magnitude - same as (5); and (7) number of people affected - same as (5) . The Village Board has reviewed this proposal with respect to 6 NYCRR Part 617.6(g), Determining Significance, and 617.11, Criteria for Determining Significance, and has determined that there will be no significant environmental effect from the proposed action. Attachments: Correction List Site Location Map S. AUTHORIZING VILLAGE ADMINISTRATOR TO ENTER INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, P.C. CONSULTANTS AND DESIGNERS OF WHITE PLAINS, NY RE: STUDY PHASE - RYE HILLS STORM DRAINAGE On Motion made by Trustee Solomon and seconded by Trustee Ravich the following Resolution was adopted: RESOLUTION STUDY PHASE RYE HILLS STORM DRAINAGE RESOLVED, that the Village Administrator is hereby authorized to enter into agreement with Dolph Rotfeld, Engineering, P.C. Consultants and Designers of White Plains, NY for the study and alternative for proper drainage in the Rye Hills. area. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE Administrator Russo explained that Mr. Rotfeld has come up with some preliminary figures that will tell us what must be done on Lincoln Avenue. A time frame will be set, as we would like to have everything completed by the Fall. Trustee Pellino questioned any specific problems that may have occurred as a result of poor design in Rye Hills or have these drainage problems merely evolved over the years. Administrator Russo stated that poor design is a big part of it. - 9 - 001. 00: May 28, 1991 6. MCI CORPORATION 1100 KING STREET SECTION 1, BLOCK 3, LOTS 2, 3 & 4 REFERRAL TO THE PLANNING BOARD SITE PLAN MODIFICATION On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was adopted: RESOLUTION MCI CORPORATION 1100 KING STREET SECTION 1, BLOCK 3, LOTS 2, 3 & 4 REFERRAL TO THE PLANNING BOARD SITE PLAN MODIFICATION WHEREAS, an application was received for an amended Site Plan for the premises located at 1100 King Street and known on the Official Tax Map of the Village of Rye Brook as Section 1, Block 3, Lots 2, 3 & 4; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that this matter is hereby referred to the Planning Board this 28th day of May, 1991 for their review and recommendations; and be it FURTHER RESOLVED, that the applicant is hereby required to contribute an amount equal to the cost of any consulting fees for environmental impact review. Administrator Russo explained that this meant they did not have to pay any environmental impact costs. Rocco Circosta, Director of Public Works explained that they are replacing a wooden structure with a more permanent structure. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE 10 - 00.1910 May 28, 1991 7. DEDICATION OF WYMAN STREET NORTH On Motion made by Trustee Daly, seconded by Trustee Ravich, the following Resolution was adopted: RESOLUTION Dedication of Wyman Street North WHEREAS, the Village of Rye Brook granted Subdivision Approval to Louis Larizza and John Capocci (hereinafter "Developer") on property located on Wyman Street North in the Village of Rye Brook as Section 1, Block 22, Lot 4 AH-39 by Subdivision Approval Resolution dated January 27, 1987; and WHEREAS, said subdivision required, as a condition of the subdivision approval that the Developer offer for dedication to the Village the road specified on the Subdivision Map and all other utilities of any kind which can be dedicated for municipal purposes, which street is also known as Wyman Street North; and WHEREAS, prior to, or at the time of the offer for dedication, the Developer has provided the Village with a maintenance bond in a form and amount approved by the Village engineer and Village Attorney, which maintenance bond shall be in effect for a period of two years after the acceptance of dedication, a bargain and sale deed in the form approved by the Village Attorney, and a title policy in the sum of $25,000.00 in the form approved by the Village Attorney; and WHEREAS, the Village desires to accept dedication of the road (Wyman Street North) and utilities. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook accepts dedication of the Road known as Wyman Street North and all other utilities that can be dedicated for municipal purposes; and BE IT FURTHER RESOLVED, that the Mayor of the Village of Rye Brook be and hereby is authorized, on behalf of the Village of Rye Brook, to sign all documents necessary to effectuate the dedication. RESOLVED, that this Resolution becomes effective upon receipt of the Maintenance Bond. - 11 - 00 .1911 May 28, 1991 Mr. Colangelo explained that the title policy was initially $50,000. , but that the Village had agreed on $25,000 Attorney Beane explained that this type of policy basically guarantees to the extent that one can guarantee, that the Village owns the Road. In other words, that the actual metes and bounds of the Roads dedicated to the Village is in fact the metes and bounds of the road so, ten years from now, a person cannot come along and say, "I own this piece of the road". He stated that he felt $25,000 was a sufficient amount, as it is not a maintenance bond nor is it renewable. Ken Heller questioned what the Village's liability will be if the sewers back up, since they are so close to the water table. Attorney Beane stated that the Maintenance Bond will give you protection for two years and afterward there is a certification to the Village by an Engineering Firm that the sewers are capable of handling a 100 year storm. If the design is incorrect, we have a very liable lawsuit against the Engineering Firm. Mr. Heller stated that there is always danger allowing a subdivision in a flood plan. Attorney Beane stated that when the engineering was designed all this was taken into consideration so the system was designed to handle a 100 year flood. We have no reason to believe that the design won't hold up. Mr. Colangelo pointed out that, since the houses have been built, there have been no problems with flooding. Attorney Beane stated that the Bond is not here tonight because of mechanical goings back and forth. He recommended that this Resolution be held and not become effective until we physically have the Bond. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE 12 - OOi912 May 28, 1991 8. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following Resolution was 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: #2492-2665 Hand Checks: #9831-9842 Payroll Checks: #4227-4423 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 RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN CORRESPONDENCE 9. FRANK NARDI, PLUMBING INSPECTOR RE: RETIREMENT On Motion made by Trustee Ravich, seconded by Trustee Daly, the following Resolution was adopted: RESOLUTION RESOLVED, that the Village Board hereby accepts, with regret, a letter dated May 1, 1991, from Village of Rye Brook Plumbing Inspector, Frank Nardi, of his retirement, effective June 1, 1991; and FURTHER RESOLVED, that the Village Board wishes Frank and his family a happy and healthy retirement. Administrator Russo pointed out that Mr. Nardi gave the Village almost eighteen years of service. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE - 13 - May 28, 1991 001 Mayor Cresenzi introduced Goldie Solomon who was selling Independence Day buttons. She explained that she just came from the Westchester County Board of Legislatures Office and is very upset about the redistricting. She explained that they are dividing the Town of Rye up and suggested that the Village Board write a letter stating that they should not use the Census Tract. Also, Ms. Solomon stated that this is not for the benefit of the people, as they will be confused. PUBLIC HEARING 10. ADOPTION OF THE VILLAGE OF RYE BROOK CODE PROPOSED LOCAL LAW #1 - 1991 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 open at 8:55 p.m. Ken Heller commented that the Bicycle ordinance was a harassment and does not make any sense. Attorney Beane stated that there have been discussions about additional sidewalks, but at this particular time nothing is being done. This law is found in a number of municipalities and is a very ordinary law which does need much enforcing. Attorney Beane explained that he has been writing down many of the oral comments he has heard but will also accept written comments and try to deal with the suggestions that were made. The next Ordinance is the Building construction and fire prevention, to which two changes were made. Section 91-2 is a new section which addresses non permit enlarging alterations. Section 91-11 is also and is entitled Records, intended to have a system of reporting inspections, violations, issued permits, etc. There were some language changes in Chapter 113 in sections 4 and 11. Chapter 117 is Erosion Control and the definition of Subdivision has been changed to conform to the definition that is in the Subdivision regulations. There is an amendment to Chapter 121, section 1 stating there is to be no excavation for any purpose other than those exempted under section 121-2. Section 121-2a is amended to add "Home Gardening" and "Fence" in the first sentence. This means a resident does not need to have a permit for home gardening or when digging for a fence post. Section 121-3A has been changed from "four inches" to "six inches" in regard to topsoil. - 14 - 00191.` May 28, 1991 Rocco Circosta, Director of Public Works, explained that in a large project we have an erosion control plan. However, it cannot be protected with regard to the wind. Attorney Beane stated that there is a permit involved for excavation. This will help control the removal of topsoil on and particular projects. There is also a bonding requirement which is an exemption that permits someone to move topsoil from one part of their property to another area, as long as it is kept on the site. Chapter 126-2, which involves firearms and fireworks, was amended to give the Village Board of Trustees more authority and more discretion to allow a professional fireworks exhibition other than Independence Day. Under the present law, we are unable to authorize a professional fireworks display (under any circumstances) other than Independence Day. Mr. Heller stated that Westchester County allows people to hunt deer with a Bow and Arrow, and the Village of Rye Brook should allow the same in a large open area. There is a big problem with Lyme Disease and there are still many deer in Rye Brook, which are very dangerous. Trustee Solomon stated that Rye Brook is too congested an area and, to his knowledge, there are no large open areas in Rye Brook. Mayor Cresenzi stated that, under the State Department of Environmental Conservation law, you must have a minimum of ten (10) contiguous acres to permit any type of hunting. Trustee Ravich stated that he agreed with Mr. Heller that Lyme Disease is a very serious problem. However, he is concerned that allowing Bow Hunting on a parcel is against the law, beyond our jurisdiction, and you would also need the permission of the owner of the parcel that would be used. He also stated that Bow and Arrow Hunting would not be an effective measure in controlling the deer population in Westchester County. Mayor Cresenzi stated that there is a law in Westchester County that says where it is permitted, you must use a bow and arrow, you cannot use a firearm. Mr. Heller stated that we are overrun with deer and we should do something. Trustee Solomon stated that if a resident were to go hiking there would be a possibility of being hit with an arrow. Attorney Beane stated that Chapter 130, Flood Damage Prevention, has been amended and now incorporates Federal Emergency Manpower Agencies. Mr. Heller questioned, when a builder builds a flood plane, is he required to notify the prospective buyers that they have to take out this insurance. Attorney Beane stated that they are notified but they are not required to take out this insurance. - 15 - 001 91.; May 28, 1991 i I Trustee Solomon questioned the procedure on updating flood zones. Mr. Circosta stated that he has contacted the Department of Environmental Conservation. We can request from FEMA an update on our maps because they were prepared in 1973. There have been major changes. Chapter 130-17 has been changed from the Board of Trustees to the Zoning Board of Appeals. Mr. Beane stressed that much of this is covered in the subdivision regulations. In Chapter 135-2, the word Superintendent was a term that was taken out of the law and Director of Public Works has replaced it. The fee structure was made less definite and subject to the Village Board of Trustees. In the past every time a fee structure needed to be changed, we had to enact a new local ordinance. Now, the Village Board of Trustees has the discretion to set changes. Mr. Beane stated that there was also an amendment to the insurance section which stated that we must receive satisfactory certificates of insurance naming the Village of Rye Brook as an additional insured before a permit is issued. Also, he must indicate that every employer insurance such as Workers Comp, disability, etc, have been furnished in amounts that far exceed the minimum amount. Mr. Heller complained that the whole concept of having a chipper was supposed to make things better and it hasn't. Administrator Russo explained that the chipper gets as much use as possible. We are not staffed to pick up everything that we should keep out of the waste stream. The chipper picks up storm damage in large pieces also. Trustee Solomon stated that logs cannot be picked up by the chipper and must be cut up into 3 foot lengths and no more than 5 inches in width. Mr. Circosta stated that it is very difficult to put twigs into a chipper. There is a major problem of debris not being bundled the proper way, causing difficulty when picking them up. Administrator Russo stated that most residents will contact the Building Department stating that they have a tree that needs to be taken away. Chapter 149-8 has to do with litter from trucks and other vehicles and addresses the problem of debris of any objects blowing off of trucks. These vehicles must be operated carefully. Mr. Heller complained of developers leaving a mess of dirt on the street after a subdivision. Mayor Cresenzi replied that when Hidden Falls was completed they had a street cleaner sweep the streets. - 16 - 0019. 6 May 28, 1991 Chapter 170-4 has to do with the definition of a non-profit service organization in which is amended to reflect the current version of the internal revenue code. i, Mr. Heller stated that in reference to the Oil Burning section, he noticed that at Ridge Street School there is much digging and tearing up by the Gas Companies. He does not feel that one method of heating a house would be discriminated against another method of heating a house. Mr. Circosta stated that whether it may be oil or gas, both are required to take out permits. Under the State Code, we require permits also. Attorney Beane stated that we would stop at the Peddling and Vending ordinance, as we have already gone over and hour. Mayor Cresenzi stated that the Public Hearing would be adjourned until the June 25, 1991 meeting. APPROVAL OF MINUTES On Motion made by Trustee Daly, seconded by Trustee Solomon the following Minutes were accepted as presented: 11. MARCH 26, 1991 12. APRIL 9, 1991 13. APRIL 23, 1991 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE NEXT MEETING DATES AGENDA MEETING - JUNE 11, 1991 - 8:00 P.M. REGULAR MEETING - JUNE 25, 1991 - 8:00 P.M. Mr. Heller stated that he was aware of summonses that were issued to a few people who have been cutting down trees in the Village of Rye Brook without a permit. He stated that he hopes that they are being enforced. Mr. Circosta explained that the Village has been trying in various ways to educate the Public as to our law regarding the removal of trees. They have put articles in the newsletter and have also put information on the Village Cable Channel. - 17 - 91 i May 28, 1991 Trustee Solomon questioned if the Town of Rye ever sent us a Street 1 Light Register. Trustee Pellino stated that he inquired about that with the Town of Rye a little over a week ago. He spoke with both Supervisor Gioffre and Viola Nelson and was assured that the Town is anxious to cooperate in turning the register over to the Village of Rye Brook. Trustee Solomon then inquired on an update on Connecticut Limousine at Zinsner Realty. Attorney Beane stated that it was returnable in court tomorrow. The last he has heard was that Connecticut Limousine was trying to work out an arrangement with Merrit & Holby in the Rye Ridge Shopping Center. Mayor Cresenzi stated that there is no problem with Connecticut Limousine as it is an asset to the community. The problem is with the location, which is the worst corner of the Village. It is an accident waiting to happen. Attorney Beane stated that they must notice a public hearing as to why the special use permit should not be pulled based on the fact that there are violations, which there clearly are. Fines should be issued up to $250. a day, but the quickest and most effective resolution is a Supreme Court injunction, as it is the most valid. If we pull the permit, there is a violation and then we have to go to court to get an injunction. They are trying to give local courts the power to issue injunctions with respect to violations of local ordinances. Mr. Beane stated that he will know more tomorrow, as this is a cumbersome process. Trustee Solomon referred to a letter that was distributed to the members of the Board regarding: Teen West, promoting cooperators, problem solving, and creative sharing, and functions and responsibility between local governments and Westchester County. He has been in touch with Daniel Thomas, one of the Chairpersons, and with the Board's permission intends to get involved and see how we can help to solve some problems with the County and with ourselves. Trustee Solomon also stated that, in regard to the letter we just received from Nita Lowey, this is something important and someone from the Village should attend along with Mr. Russo and Mr. Bernbaum. ADJOURNMENT There being no further discussion, on Motion duly made and seconded, the Meeting was adjourned at 10:15 p.m. Respectfully submitted, Eliza eth Czajkowskl Secretary to the Village Board - 18 -