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HomeMy WebLinkAbout1992-06-09 - Board of Trustees Meeting Minutes i AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES i AGENDA MEETING JUNE 9 , 1992 8 : 00 P.M. PLEDGE OF ALLEGIANCE ACTION RESOLUTIONS I 1. MERRITT & HOLBY ASSOCIATES 200 SOUTH RIDGE STREET SECTION 1 , BLOCK 23 , LOTS IA-2B, 3&4 SITE PLAN APPROVAL 2 . APPOINTING SECRETARY TO VILLAGE ADMINISTRATOR 3 . APPROVING TAX CERTIORARI SETTLEMENT WITH ROYAL EXECUTIVE PARK 4 . CHECK REGISTER WRITTEN COMMUNICATION 5. MARK A. HARMON RE: ZONING CODE UPDATE COMMITTEE DISCUSSION 6 . LOCAL LAW #3-1988 ENTITLED: RESIDENTIAL LOT AREA COVERAGE ITEMS FOR JUNE 23 , 1992 RESOLUTIONS I 1. RENEWAL OF FIRE SERVICE AGREEMENT 2 . APPROVING RETAINER AGREEMENT FOR RISK MANAGEMENT SERVICES 3 . APPOINTING PLUMBING BOARD OF EXAMINERS WRITTEN COMMUNICATION 4 . ASHGROVE REALTY CORP. SECTION 1, BLOCK 4 , LOTS 5, 6, 7A & 7A1 I 24 a 0�� :� I MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JUNE 9, 1992 8: 00 P.M. CONVENE MEETING The Meeting was called to order at 8 : 00 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Lori Ann DeMarco, Asst to Village Administrator Edward F. Beane, Village Attorney Rocco V. Circosta, Director of Public Works Joseph Cortese, Village Treasurer Thomas Gissen, Frederick P. Clark Associates Christopher J. Russo, Village Administrator, was not present at this meeting. i I I I i IIS 1 June 9 , 1992 RESOLUTIONS 1. MERRITT & HOLEY ASSOCIATES 200 SOUTH RIDGE STREET SECTION 1, BLOCK 23, LOTS 1A-2B, 3&4 SITE PLAN APPROVAL Mr. Thomas Gissen, of Frederick P. Clark Associates, addressed the items that were included in a recent memo that was addressed to the Board of Trustees. Most of the items refer to notes or minor corrections to the plan. The two possible exceptions are numbers 4 and 10. Number 4 had to do with the alignment of the retaining wall which was moved and provided seven parking spaces in that area which have been shortened down to a length of fifteen feet. These parking spaces are located directly in front of the rear underground garage access. The Traffic Department was concerned with both the length of those spaces and that their location, if a large car were to park there, may result in a conflict. In regard to item number 10 which has to do with the traffic light, the applicant has agreed to provide a walkphase at the intersection of the driveway of South Ridge Street and the note on the plans did not specify this. We just want this to be included on the plans. He questioned what position the applicant was taking on the Village's request for the addition of a non exclusive pedestrian walkphase down at the intersection of Ridge Street and Bowman Avenue at the expense of the Applicant. The other issues dealt with the finished side of the fence, the sidewalk with the new driveway, the planting plan, the lighting plan and the parking calculation which eliminated parking spaces. Trustee Daly questioned the trees and the screening on Crescent Place. She also suggested including a section in the resolution as far as if you had a different use for that basement area that they would have to come back and appear before the Board. Attorney Beane stated that the applicant would have to come back to the Board first before altering the site plan. Bruno Gioffre stated that the change in the new roadway is now part of this application and with respect to the non exclusive pedestrian walkphase section, that would apply to the light in front of the site, not to the light on Ridge Street and Bowman Avenue. The parking provided in the area where the tree saving efforts are being made, will be utilized for compact cars only. There will be signage stating compact cars only. Trustee Zuckerman questioned if the spaces could be sideways. 2 00q:34 June 9 , 1992 Mr. Gioffre stated that it would result in the loss of spaces. There was an acceptance of the tree saving effort, relocation and realignment of the wall to save the trees at the last meeting. The count will not be changed regarding the compact spaces. Trustee Zuckerman stated that there must be signage and it must be enforced as large cars may park in the compact areas anyway. He questioned if the Village could enforce this. Mr. Gioffre stated that they will put the signage up and, to the extent that they can, will enforce it. The cars would stick out if they parked in the compact area. Mayor Cresenzi stated that it is private property and the Village has nothing to do with enforcing it. Warren Holby stated that the driveway that joins the existing shopping center was an alternate for the Board to choose as well as having steps going down without the driveway. The Planning Board indicated that it would solve many traffic problems by joining the two shopping areas together. Trustee Zuckerman questioned if they received the approval from the Bank of New York to do this. Mr. Holby replied that the Bank has said that they would give their consent. Mr. Gissen stated that they looked into this very briefly and feel that it would be more properly handled the way that Mr. Holby suggested. We are not opposed to this in any way, we just need the two different site plans to review before giving any decision. Mayor Cresenzi.questioned if the proposed on site driveway change would require another Public Hearing. Attorney Beane stated that it would require a site plan modification, and another Public Hearing would be needed. Mayor Cresenzi stated that it is shown on the drawing and questioned if should be deleted from the print. Attorney Beane stated that it should be deleted as it will create problems in the future. In the resolution, we will add that the applicant must come back to the Planning Board for the purpose of modifying the site plan in three months for the institution of a driveway. 3 i I June 9 , 1992 Mr. Gioffre stated that he is not sure that a contribution of $46, 000, can be sustained legally. i Attorney Beane stated that it is legally sustainable and he would be happy to discuss this now or at some other time. Mr. Gioffre stated that with the Boards permission, he would like to have the resolution adopted and if it is not sustainable or enforceable, it does not matter what the language is in the resolution as it would be no good anyway. Attorney Beane stated that Mr. Gioffre was correct, however, it is the position of the Village that it is legally sustainable and therefore it would be up to the developer to challenge that particular part of the resolution. The Board decided not to change the contribution amount. Mayor Cresenzi pointed out that at the last meeting there was discussion regarding the use of any of the stores as a Bar and this resolution prohibits that, however it does not prohibit the use of a restaurant. The provision also states that any application for any type of food establishment must come before the Board first for prior approval . Mr. Gioffre stated that the applicant has no problem with that. Mayor Cresenzi stated that the fencing on Crescent should be a wooden type fence, similar to that on the rear wall, as the plan designates that it be chain link. Trustee Daly stated that it has been changed on the current plan. Trustee Solomon stated that all week he has seen children coming in and out of that building. This was mentioned before and nothing has been done to prevent this . He would like to see the building boarded up and also a guard there until the building comes down as the children are making that building into a playground. Mr. Holby stated that they can board it up much more securely than it is now, as they already fenced in the place. Trustee Solomon stated that the children can get in there but our Police cannot. There needs to be a guard on site at all times to keep the children out. Mr. Holby stated that they gave the Police the combination to the lock so that they may go in and out. During the day, the police patrol the area. 4 0043 4.1 I June 9, 1992 Trustee Daly questioned when the demolition will take place. Mr. Holby stated that they are awaiting various inspections and are hoping as soon as possible. Trustee Zuckerman questioned if they received their demolition permit. i Mr. Holby stated that prior to obtaining the demolition permit they must have certain inspections done which are very complicated. Trustee Zuckerman stated that the problem would be alleviated when the building comes down. Trustee Pellino stated that in reference to the non exclusive walk phase at the corner of Ridge Street and Bowman Avenue, it is a very necessary element to overall safety in and around that center. What we have technically, is an expansion of the Rye Ridge Shopping Center and in the interest of overall public safety, the proposed center is going to generate more pedestrian traffic as well as vehicular traffic and we owe it to the citizens to have a walkphase included as part of the overall traffic control of this project. Trustee Pellino further stated that he would like the applicant to reconsider the installation of the non exclusive walking phase at the corner of Ridge and Bowman in addition to the light opposite the site. i Mr. Holby stated that they would reconsider that and take it up with the County, as they have the ultimate say in the matter. I Trustee Pellino stated that the County was not in favor of an exclusive phase, however they did not take a position on the non- exclusive phase. There will be more traffic created because of this project and we have children crossing in that area to go to the Middle School. This would be a good public relations gesture on the applicants part if they would consider doing that as part of this project. Mr. Holby stated that he can't agree to something that he has no control over. Trustee Pellino questioned the applicant if the Board made the resolution subject to County approval of such a phase on that traffic light, would they be in agreement with including it as part of the resolution that we pass this evening. Mr. Holby stated that this is very expensive and they are already putting up a traffic light on Ellendale Avenue. He stated that he can't agree to this as they have already put out too much money. 5 i 004341 June 9, 1992 Trustee Pellino stated that the applicant will be benefiting by having this project built and this is something that the community needs and it is a public safety issue that should be taken very seriously. He added that he hopes Mr. Holby will reconsider. Mr. Gioffre stated that there is no handle on the dollar figure and no way of knowing how that device will tolerate that at all . There is a question of safety and school children, however it is not fair to have the developer agree to this tonight before going to the County and finding out if this is feasible first. We will be happy to go to the County and report back to the Board. Trustee Pellino stated that he would like to see a report come back from the County as to the feasibility of doing this, along with cost estimates. He feels that the developer will be receiving a long term benefit out of the new facility and it is not unreasonable to ask this of them. Mr. Gioffre stated that they will pursue this and come back to the Board. Trustee Zuckerman thanked the applicants for their good faith and compliance throughout this entire process. He also complimented the residents in the area for their cooperation and tremendous good faith. The community spirit that has been brought about from this project is something that should be admired. He further stated that we should table the resolution for the next meeting until all of the items that have been brought up in Mr. Gissens report and other items that were mentioned tonight are set forth on the plan. The developer is not prejudiced by this at this point because he is still at least several weeks away from demolishing the structure. Assuming everything is complied with, it seems to be a foregone conclusion that this resolution will be approved at the next meeting so we should table it and get a properly drafted resolution and the plan properly written up. Mr. Gioffre stated that the timing is critical and negotiations are under way. Mr. Gissen said that these are non substantive to the agent and if that is the case, they are matters that pertain to the lighting being shown and the note being done. These are normal except for one, which is the removal, rather than the addition of the driveway access. The concern is appropriate, however it is not well placed in this case and he respectfully requests, being that all items and concerns have been addressed and anything that has to be is of an administrative nature, that the resolution be passed this evening. Mr. Gioffre asked that they please be given the time needed to finalize the contractual obligations that they are undertaking. 6 II 004346 June 9 , 1992 Trustee Daly questioned if the neighbors have any more concerns that they would like to add. Ms. Mitchell questioned how the large trucks will get back into Finast, since the driveway will be connecting the two properties. Between that driveway and her home is a stockade fence only. That is a health hazard. The gate in the back should be made into a wall, being that we are going to make this driveway. Mr. Gissen stated that the driveway is to be eliminated and that the closing of the rear gate could be examined. He stated that the Fire and Police Departments should look at this because that would mean only one access into the rear of the building and might not be the best idea. The issue of closing one when the other is opened could be addressed as part of the site plan amendment that the applicants have agreed to bring forth in three months. Mayor Cresenzi stated that he agreed as it would require another formal hearing to add the driveway and if it is added, then we can discuss the rear driveway being blocked off. Trustee Pellino stated in getting back to what Trustee Zuckerman requested, he would also like to table this resolution and get all the issues laid out. Trustees Solomon and Trustee Daly agreed. Mayor Cresenzi stated that it was a consensus of the Board that we not act on the resolution this evening and deal with it at the next meeting when everyone feels more comfortable with it. Mr. Heller stated that if someone purchases the shopping centers in the future, the next owner may close off the interchange between the two shopping centers . He suggested that the Board make this provision so that it cannot ever be closed. Ms. Lanzilli stated that she was concerned with the asbestos removal from the building as it has to be dealt with very carefully l because it could be hazardous to the residents. Mayor Cresenzi stated that whatever needs to be removed, will be removed under the guidelines of the State and the Federal Government and will be taken to a proper dump or landfill . i 7 00434 i June 9 , 1992 Mrs. Tenake stated she was concerned with the traffic in the area of Westview, Roanoke and Highview Avenue that currently is a problem and is going to get worse. The traffic is from shoppers cutting through to get back to the highway entrance. They speed through and there are children playing in the area. At the last meeting there was a mention of more Police patrol but we have yet to see any Police patrolling the area. Mayor Cresenzi stated that the Chief will take care of the Police issue, however the Ridge Street internal road will most definitely be approved which should relieve the traffic that currently exists. It has been a great concern that without the internal road, someone coming out and trying to get to the other center would go around Crescent into the back entrance, but this internal drive will help eliminate that problem. i Mr. Gioffre stated that the issues that are to be incorporated have already been discussed, therefore he added that he is assuming that would constitute the basis for approval. Mayor Cresenzi assured Mr. Gioffre that the ground rules would not be changed on him at the next meeting. 2 . APPOINTING SECRETARY TO VILLAGE ADMINISTRATOR On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF SECRETARY TO THE VILLAGE ADMINISTRATOR RESOLVED, that Laura Nethercott of 47 Hillcrest Avenue, Rye Brook, New York, be hereby appointed to the probationary position of Secretary to the Village Administrator at a starting salary of $27, 000 . 00 with the Village of Rye Brook; and be it FURTHER RESOLVED, that the probationary period for the position shall be six months effective on the commencement date of June 18 , 1992 . TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8 004_348 June 9, 1992 Mayor Cresenzi stated that Laura is an asset to Village Government and has been doing a super job over the months that she has been working part-time in the position. 3 . APPROVING TAX CERTIORARI SETTLEMENT WITH ROYAL EXECUTIVE PARK Mayor Cresenzi stated that this resolution was not going to be discussed as no resolution was provided. 4. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, 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: #4489-4654 Hand Checks: #10036-10041 Payroll Checks: #7090-7191 Environmental : #349 Recreational Trust: #554 (Birthday Run) Capital: NONE Recreational Trust: NONE (Building Fees) : NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above- mentioned claims and authorizes payment thereof. Trustee Solomon questioned who Prudential Northeastern was. Joe Cortese, Village Treasurer stated that Prudential Northeastern is our Dental Insurance Coverage. Trustee Solomon questioned if Dobart Lighting did the lighting along Ridge Street. 9 004- S4 June 9 , 1992 Mr. Circosta replied yes, and that they do all of our contract lighting. Trustee Solomon questioned what Principal Mutual was for $5227 . 90. Mr. Cortese proceeded to look through his file for information for Trustee Solomon. Trustee Solomon stated that he could get this information later. Mayor Cresenzi stated that either we are going to approve the resolution or not. If Trustee Solomon is not satisfied with the answer, Mr. Cortese will go and seek further documentation. Trustee Solomon stated that he does not want the documentation right now and does not wish to hold up this resolution, he will find out that information later. He also questioned what the Westchester Rockland Newspapers payment was for. He also had a few more questions but said he would visit the office to get an answer. Mr. Cortese replied that it was strictly for legal notices and that Trustee Solomon is welcome to visit the office any time. Trustee Zuckerman stated that it may save us time later to include j the reason for the check on the computer run and questioned if this was possible. Mr. Cortese stated that the program may not be designed that way and we may not be able to commingle the information. Trustee Zuckerman questioned if Mr. Cortese received a ledger detail report that gives the reason of the expenses . I Mr. Cortese explained that he does receive a detailed report but it won't be in sequence and you would have to tie in your check register. Trustee Zuckerman suggested that Mr. Cortese look into changing the program as it can be done. He had the same problem in his own office and when they changed the program there were able to do these things. Trustee Pellino stated that anything can be done, however it may involve a software modification. 10 I 3115)J I June 9, 1992 Mayor Cresenzi stated that for public information, the Board has available to it, all of the back up information in the Treasurer' s Office and is free to review any of the bills at any time and ask any questions as to how and why certain purchases are made. ! TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Attorney Beane stated that as everyone is aware the Cleaning Contract was put out to competitive bidding, several bids were received and the Village Board, by recommendation of the Village Administrator, appropriately and properly in the exercise of it's discretion disqualified all of the bids. Whereafter, the Village Board looked into a number of options which included the possibility of rebidding, doing it internally with it's own employees and also taking advantage of an option in it' s lease with Silverman Realty. After careful examination involving cost examinations, the Village decided to take advantage of an option offered in it's lease with Silverman Realty which enables the Village to have the cleaning done by the same cleaning service that cleans the rest of the building and under the lease specifically a clause dealing with common area charges or operating costs and assume a certain percentage of that cost. I In terms of the legality of adopting this type of approach as ! opposed to another competitive bid, there are New York State Controller opinions that say that entering into a lease or modifying a lease does not constitute the procurement of goods and services and is not subject to the bidding process. The 1989-1990 fiscal year, which is when the last contract was bid and let, the Village of Rye Brook under it' s lease with Silverman Realty was not paying any operating costs which meant that there were no common area charges that the Village had to pay. In addition, because the building was just partially occupied, to pay the cleaning costs would have involved a substantial expense because of the fact that the building was almost empty. In 1992 , according to the provisions of the same lease, the Village of Rye Brook is, in fact, paying operating costs. The Village of Rye Brook has an option, which is written in the lease, to add cleaning services to those operating costs. As the building is now fully occupied, the economy scale factor now mitigates strongly in favor of using this option. Adopting a resolution modifying the lease to take advantage of this option thereby permits the Village to use the cleaning services of Silverman Realty. 11 0 413E), June 9 , 1992 Attorney Beane stated that the cost of the service will be $5, 890 per year. This amount is lower than that of the lowest qualified bidder. This is what the Village intends to do and upon approval by the Village Board, we will modify it's lease to avail itself of this option thereby taking care of cleaning of the building. Trustee Daly questioned if the people that we are going to be using ever cleaned our offices in the past. i Attorney Beane stated that they have never cleaned our offices before. What we are doing is adopting an option in the lease. Mayor Cresenzi stated that to the best of his knowledge, they have never cleaned this office before, but they have cleaned every other office in this building. Trustee Zuckerman questioned if there have been any complaints about their cleaning. Attorney Beane replied not to his knowledge or to the knowledge of Administrator Russo. Brian Harrod, of Advanced Building Maintenance stated that he was informed that this would cover 5 days a week as opposed pposed to what was bid out at 6 six days a week, which would probably work out to 14% less visits that they would make. This would decrease the cost. From speaking to various Village Employees, it is his understanding that this does not cover the exact same specifications as that which was bid out. It is like comparing apples to oranges so when you go public and say you are saving money and it is the exact same specifications, it is not entirely accurate. It was also his understanding that it was included in the Villages' lease previously, and that the Village was very displeased with the service that they received from the cleaning service. Mr. Harrod questioned if it was not true that there is a letter on file from Mr. Russo to Mr. DiMarco, who was the last cleaner stating that he often did not show up for work and took Village equipment out the door. It appears that they had to send numerous letters to him ! because he was a very poor cleaner. The building manager has been responsible for taking care of this building as part of the lease whether or not he has subcontracted with different people. There also is a history of this manager not meeting the Village's requirements, therefore, a comparison of the prices are not accurate at all . Attorney Beane stated that we respectfully disagree, however have no answer to that question. Philip Messina of 32 Windsor Road questioned how the Village Attorney could disagree without having an answer. 12 0043 2 June 9 , 1992 Attorney Beane stated that we have never used the cleaning service of the landlord before. Our arrangement is that of a lease arrangement, not an arrangement with the cleaning service. Prior to this date, we had a contract with a specific cleaning service, then we bid out the same contract and received a number of bids, which we then disqualified. We weighed our options and decided on a cost basis. Apples were compared to apples which determined that the least expensive way for this Village to go is to take advantage of an option in a lease that we already have and to use the landlord and his cleaning service. There is no direct agreement between the Village and any cleaning service. He cannot answer any of the other comments because as far as he knows, the Village has never used this service before. The comments with respect to not being satisfied with the services being rendered by the owner of the building have never been mentioned before. The owner of the building will be very surprised to hear of these comments, Attorney Beane added. We, as a Village Board have the right to make this decision. Mr. Harrod has made painfully and obviously clear that he does not agree with this at many meetings but we have made this decision in the best interest of the Village. Mr. Messina stated that he was just curious, because according to Mr. Harrod, when this was put up for bid it was supposed to be for 6 days and now the owner is going to provide cleaning for only 5 days. Attorney Beane stated that what Mr. Harrod said was incorrect. Mr. Harrod questioned if Attorney Beane has the lease with him. Attorney Beane stated that the lease has nothing to do with the bid i specifications and he does not have it with him. Mr. Harrod questioned who cleaned the building before the Village contracted with Edlin Services. Attorney Beane replied that he did not know. Mr. Harrod stated: "Mr. Russo, could you enlighten us?" Mayor Cresenzi replied that Administrator Russo was not here this evening. Mr. Harrod stated that according to the letter, it was the building owner and, in his conversation with Mr. Russo, the owner was charging a common charge, which is why it became very cost effective to bid out. I i I 13 I ()(,435J June 9 , 1992 i Mayor Cresenzi stated that Mr. Harrod was not accurate and that was never said. The building owner did not clean the building in the past. Attorney Beane stated that Mr. Harrod is ignoring the fact that prior to now we have never used our option in the lease and never paid operating costs for cleaning. Prior to 1990 we never paid operating costs for anything. Mr. Harrod restated the fact that the building owner charged the common charge. Mayor Cresenzi stated that he does not know who Mr. Harrod spoke with. Perhaps he should speak with Administrator Russo as he is the person who can best provide him with the information that he is looking for. Mr. Harrod questioned Mr. Circosta, Director of Public Works as to who cleaned the office two years ago. Trustee Zuckerman interceded that this is not a Public Hearing on the history of cleaning this building. The Village Attorney made a statement after the Village has looked into the proper method of effectuating cleaning services and, it has been determined, that the most effective way would be to take advantage of lease provisions that now prove most economical . If that offends Mr. Harrod, who wants the contract, I am sorry, Trustee Zuckerman added, however this is not a Public Hearing. i Mr. Harrod respectfully submitted that there is a consideration here as the Village is about to engage in a long term commitment with the building owner to provide cleaning services which were very poor in the past. Obviously, the Village Attorney spent a great deal of time looking up the laws to see what is involved and he can't even tell me if this cleaning service was here before to the best of his knowledge. It sounds like something out of an Iran-Contra Hearing, "I don't recall or to the best of my knowledge. " Whether I clean the building or someone else cleans the building is vermoot it is about being honest, and straight about this. If you were really concerned about Village costs you would have rebid based on the specifications that you could have had Silverman provide and would then see, apples to Apples what the costs are. There are very few houses in this Village and you are accepting a tax on these poor homeowners. I realize the last meeting went on until 2 : 00 a .m. so the Board was depressed. He added that he is a registered Republican just like Mr. Solomon, Mr. Pellino and the Mayor. Just because I had a little bit of trouble with the Gioffre family and the Town of Rye, the Village should not take it out on him. He added that he cannot say it any nicer than that. 14 i 0043544 June 9, 1992 i Mayor Cresenzi stated that this Board is a very tolerant one and allows people in the audience to speak and air their views. Mr. Harrod stated that this is the biggest filibuster he has ever seen in his life. He stated, you sit up there and discuss things like people who are interested in the Plumbing Board. Mayor Cresenzi stated that there would be no productivity in continuing this discussion. Trustee Daly stated that she had to be to work at 6 : 00 a.m, and has an infant at home and does not like filibustering until 2 : 00 in the morning as Mr. Harrod has said. That statement was not true, as the Board tries to get through things as quickly as they can. Trustee Pellino stated that he has a job during the day, just like everyone else on this Board. He does not stay here until 1 : 30 A.M. listening to various applicants and also to you, Mr. Harrod, someone who, as a non resident of the Village has no standing with this Board, to take abuse. Mr. Harrod has been dealt with in a fair manor, we have sat here patiently listening to his objections to why he did not get the contract. For him to sit there and start making wild accusations which have no basis of the facts continuously is an insult not only to the members of this Board, but to the community that you have suddenly stood up for in the newspapers with regard to your situation. That morning, I had to wake up four hours later and go to work. Mr. Harrod stated that on the evening of May 26 , 1992 , he was still working and the Board kept him here until 2 : 00 A. M. as well and he had to be at three places following the meeting. i Trustee Pellino stated that we do not need all the nonsense that we heard from Mr. Harrod that night and are hearing again tonight. Mr. Harrod interceded that it is not nonsense. Trustee Pellino stated that he has the floor now. Mr. Harrod wrote a letter to the paper in which he said that the elected officials in Rye Brook have a fiscal responsibility. We have taken our fiscal responsibility, as we now have the lowest possible price on cleaning for our taxpayers. We have been fiscally responsible and if Mr. Harrod cannot accept that, so be it. Mr. Harrod stated that 15% less of $6960 will definitely come below the current price and when you take six days of service and change that to five days, that is 15%. It is not comparing the same items. It is not fiscally responsible. If you really wanted a deciding price, you would have bid out exactly what you are asking Silverman to do and you would find it to be a lot cheaper. 15 i i 004-355 June 9, 1992 Mr. Harrod stated that there is a bias in the Board, if it is not political then I do not know what it is. Do you think that someone with one eye could not see the dirt here? It sure can't be because I am Jewish, Mr. Harrod stated. Mr. Harrod stated that he does not know what the damn problem with this Board is. He came here with a fair and honest bid and this Village Board went into overdrive. Every time he met with the Mayor or Administrator, they had to bring in the Village Attorney. They kept the Attorney here at the meeting until 1: 30 a.m. so that he could be present when I spoke. You have really let this Village down. I am not all of the sudden taking interest in Rye Brook, I am from this Community and I was an election inspector right over here in the Middle School . He has spoken about bid rigging in White Plains and hates to see tax dollars wasted. Rick Buzin questioned if the Village has guarantees from Silverman Realty that the cleaning people they have are going to be insured and bonded. Attorney Beane replied that we do have those guarantees. Mr. Messina questioned if this was longterm. Attorney Beane stated that the Village has the ability, if we are dissatisfied to discontinue that service and to choose another option. It is not longterm, in the sense that we are automatically bound for X period of time. WRITTEN COMMUNICATION 5. MARK A. HARMON RE: ZONING CODE UPDATE COMMITTEE A letter was read from Mr. Harmon regarding a position on the Zoning Code Update Committee. Mayor Cresenzi recommended that the Board pass a resolution appointing Mr. Harmon to the Zoning Code Update Committee. Trustee Pellino questioned if the Chairperson of the Zoning Code Update Committee has been consulted about this appointment. Mayor Cresenzi stated that there has been no contact with her. Trustee Pellino requested that we wait until the next meeting until the Chairperson has had a chance to be made aware of this. 16 I, 004356 June 9, 1992 Mayor Cresenzi stated that we would put this item on for the June 23 , 1992 regular meeting and Administrator Russo will speak to the Chairperson in the meantime. Mr. Harrod questioned if the Board has passed a resolution to modify this lease, regarding cleaning, or to take this new option. Attorney Beane stated that the option exists and we have the right to modify the lease and adopt it. Mr. Harrod questioned when the lease was signed and questioned if the option originally existed when it was signed. Attorney Beane replied that he did not have the lease in front of him and could not answer the first question, however the option was included at the time that the lease was originally signed. Mr. Harrod questioned why there is no need for a direction from the Board. Attorney Beane stated that there has been a Board direction and it is over. Upon discussion with the Mayor, and in view of some of Mr. Harrod's comments and questions, it has been decided to do this by resolution and at the end this agenda, we will enter into executive session for the purpose of preparing a resolution and will then come back out here and pass that resolution. li DISCUSSION 6. LOCAL LAW #3-1988 ENTITLED: RESIDENTIAL LOT AREA COVERAGE Mayor Cresenzi stated that we would table the discussion on Local Law #3 until we know what our July meeting schedule is. Mr. Gissen, of Frederick P. Clark Associates stated that he would be unable to attend the June 23 , 1992 meeting, as he would be out of Town, however he will try to get someone to attend the meeting for him. Trustee Daly stated that we have discussed this briefly and decided that some modifications could be made to this . She questioned if Mr. Gissen could possibly go through this and come up with the modifications that would be beneficial knowing the situations that have been discussed. Mayor Cresenzi stated that this is really a policy decision as was discussed at the last meeting. 17 00 35, i I June 9, 1992 Mr. Gissen stated that they have prepared a sketch, which he will leave for the Board tonight. Rick Buzin, a resident, questioned what constitutes the Written Communications being communicated to the Board and public. Mayor Cresenzi stated that it is a written letter that is addressed to the Board of Trustees. He added that not all documents are put on the agenda as there is quite a bit of mail. This particular letter was included because Mr. Harmon was a unique qualified person, given his experience in the real estate field. Real Estate plays a large role in the Zoning Code Update Committee. Mr. Buzin explained that the reason he is concerned, is because he too, wrote a letter to the Board of Trustees to get on the Recreation Commission and he never received an answer from anyone. He discussed this with the Recreation Commission and still has not received an answer. The letters were delivered by hand, and as a volunteer, it is somewhat upsetting to receive no response. The Board really should address these letters, even to tell them that they were not chosen. Also, the present Recreation Commission has a few members that do not have children and are not really involved in the program. What is interesting is that even some of the Board members have been involved directly with the children in the last few years. It is a good idea to get fair representation on that Commission from people who have children that are involved. He is also under the impression that once someone is appointed to a Board, it is almost to the point that they are appointed for life. The only job better is to be a supreme Court Judge. What happens is we end up having a Commission that consists of people that may not have the time or the interest to go out and check on programs that are being run by the Recreation Department . He thanked the Board for hearing him. Mayor Cresenzi stated that Mr. Buzin's letters are still on file and when an appointment is made, the letters still remain in an active file which is in his office. If we get four people that seek a position on a Board, we don't read all four and appoint one, because it is not a nice thing to tell the remaining three people publicly that they would have to wait a turn to get appointed. j With regard to Commissioners on a Board not having children in programs, I had the same feeling, however the Recreation Program serves the kids and seniors and people of a varied background give the Commission some depth into things that have gone on in the past and try to help in the future. Mr. Buzin questioned if there was a criteria to be on one of these Boards and why is someone chosen over someone else. 18 i 004 356 June 9 , 1992 Mayor Cresenzi stated that it is difficult to assess why someone gets appointed over someone else. Timing has a lot to do with it as well as many other issues. If there is a program that we are looking to implement, we may choose a person that has expertise in that field what they could contribute. Mr. Buzin asked the Board to, in the future, please notify those people who are still being considered and let them know what the case is. i Mayor Cresenzi stated that Mr. Buzin's point was a valid one, and will do this from now on and mentioned also that his letter is still on file. Trustee Zuckerman stated that when he first came on the Board, he made a suggestion that we review or re-evaluate some of the different appointments and one of the other Board members pointed out that it is very difficult, if someone has been on the Board for a long time, in a volunteer position, to tell them that they are no longer wanted. We are trying to look into the participation of the different members and see who regularly attends meetings so that for people who do not show up to the meetings, we can then take action. Therefore, if they are serving on a Board for a long period of time, we will only make changes if they are not active anymore. i Mr. Buzin stated that Mamaroneck had a number of people that were on Committees for twenty or thirty years and were asked to step down because the Village was changing their policy. Mayor Cresenzi stated that someday we may end up doing the same thing, however right now we are not. ITEMS FOR JUNE 23, 1992 RESOLUTIONS 1. RENEWAL OF FIRE SERVICE AGREEMENT 2 . APPROVING RETAINER AGREEMENT FOR RISK MANAGEMENT SERVICES 3. APPOINTING PLUMBING BOARD OF EXAMINERS 4. MERRITT & HOLEY ASSOCIATES APPROVAL RESOLUTION 5. APPOINTMENT TO ZONING CODE UPDATE COMMITTEE II 19 004"35 June 9 , 1992 WRITTEN COMMUNICATION 6. ASHGROVE REALTY CORP. SECTION 11 BLOCK A, LOTS 5, 6, 7A & 7A1 APPLICATION FOR ZONING MAP CHANGE Mayor Cresenzi stated that he had not yet received any documentation regarding this. Lori Ann DeMarco, Asst to Village Administrator explained that this is for an application for Zoning Map Change which is on file to be included in the June 23 , 1992 Regular Board Meeting Agenda. Mr. Heller stated that developers always say that they are going to save the trees, but never follow through. Please enforce the laws and see to it that developer save these trees. Ms. Tenaka, a resident questioned if it was brought to the publics attention when there is a vacancy when there are opening on various commissions. Trustee Zuckerman stated that we have been advertising recently on our Cable TV Channel . I Mayor Cresenzi stated that in the past, it was passed by word of mouth and did not get the word out to a wide enough group of people. Mary Ellen Sullivan stated that there was a Rye Brook Police Patrol car in White Plains yesterday afternoon and inquired if it was police business. Police Chief Robert Santora stated that the Police often go into White Plains to attend DMV hearings and court hearings, however he would check the file and make certain. He added that with the amount of manpower we have, particularly yesterday, we only had three men on duty. Edna Messina of 32 Windsor Road stated that she and her husband are here this evening to try to get the Village Board to eventually pass some type of recommendation as to the traffic situation near their home which is along the Port Chester High School . She added that they have been to several meetings of the Traffic Commission, have written letters and made telephones calls and have been getting the run around. The only people that have responded to her, were the secretaries of Mr. Russo. How can a normal citizen have as much input as anybody else that lives in this town? She stated that she has been sitting here since 8 : 00 p.m. with a two year old daughter and this is not the first time that she has attended a meeting here. 20 II 004 ` June 9, 1992 Mrs. Messina stated that her front door and driveway are located on College Avenue. Sgt. Matthews, made a recommendation, which had nothing to do with her side of the High School. She has three problems which include, no visibility pulling out of her driveway, speeding cars going up College Avenue to Tamarack Road where the cars are unable to see her and she is unable to see them until she is out in the middle of the road because of the cars parked all over the street. It is a very dangerous situation. We request a some type of signage pertaining to no parking from 8 : 00 a.m. to 4 : 00 p.m. from Monday through Friday when school is session. Mr. Messina stated that two years ago signs were put up of the same nature. He stated that today, a student from the High School was blocking his driveway and he called the Police Department. A Policeman came and knocked on the front door and stated that the problem has been resolved, a ticket was put on the car. I still couldn't get out of my driveway and told him so. He then looked at me and said, "You can't get out of that driveway?" and I replied, "No, I can't" , he then said, "Fine! I' ll have it towed" and walked out of my house in a huff. Mayor Cresenzi stated that he has some correspondence related to this problem, including the letter from the Messina' s describing the problem tonight, which will be distributed to the Board and we will be in touch with you. Mrs. Messina stated that she would appreciate this because, when she attended various meetings of the Traffic Commission, she received no help from them and when she telephoned Donald Gerstenzang, Chairman of the Commission, he did not even remember the situation, which was very frustrating. She added that she has lived in the Village of Rye Brook all of her life and that she should be afforded the same kind of respect and privilege as any other resident. We don't even get the street cleaned, as they come at 10: 30 a.m. when the street is loaded with cars . It is a waste of taxpayers dollars to clean the middle of the road. Mr. Messina pointed out that there is plenty of parking on the other side of the street, but the kids just don't want to walk. Mayor Cresenzi stated that this matter will be taken care of as soon as possible. Chief Santora stated that the restriction of parking on Windsor Road created some of the problem on these side streets. We have discussed with the school many times to create a parking facility for the students and obviously they are not receptive for financial and monetary reasons. 21 i UQ4`� � . June 9 , 1992 Mr. Harrod requested that the Board of Trustees give the cleaning contract a wholehearted consideration, as the other cleaning service is only five days a week, whereas he would provide cleaning six days a week. The specifications are not the same and they do not have a bond or performance bond. He added that he will be attending the Rye Brook Birthday Celebration and his children go to camp at Crawford Park. He does very good work and is sorry that this has gotten the way it has but he requests the Board's consideration. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the meeting adjourned into Executive Session at 9 : 55 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE The Board reconvened into public session at 10 : 21 p.m. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, I the following resolution was hereby adopted: RESOLUTION I RIDGE BOWMAN ASSOCIATES/SILVERMAN REALTY CORP. AUTHORIZATION OF OFFICE LEASE MODIFICATION 90 SOUTH RIDGE STREET RESOLVED, that the Village of Rye Brook shall enter into a lease modification agreement with Ridge Bowman Associates/Silverman Realty Co. to include cleaning services as part of it's operating costs, which modifications agreement shall include the requirements that an appropriate certificate of insurance be issued naming the Village of Rye Brook as an additional insured, and a clause be included providing the Village with the option to cancel said cleaning services on sixty (60) days notice. i j TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 22 0OUG2 June 9, 1992 i ADJOURNMENT There being no further discussion the Mayor adjourned the meeting at 10: 23 p.m. Respectfully submitted, I Eliz beth Cz jlowski Secretary to the Village Board I i i 23