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HomeMy WebLinkAbout1992-06-23 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JUNE 23, 1992 8:00 P.M. PLE,DGE OF ALLEGIANCE ACTION RESOLUTIONS 11. MERRITT & HOLBY ASSOCIATES 200 SOUTH RIDGE STREET SECTION 1, BLOCK 23, LOTS 1A-2B, 3&4 SITE PLAN APPROVAL 2 . AUTHORIZING ATTORNEY ON WATER CO. RATE INCREASE CASE 3 . DECLARATION OF LEAD AGENT ASHGROVE REALTY CORP. SECTION 1, BLOCK 4, LOT 5, 6, 7A & 7A1 4 . APPROVAL OF FIRE SERVICE AGREEMENT 5. DESIGNATION OF LEAD AGENT RE: ANTHONY J . POSILLIPO COMMUNITY CENTER RECONSTRUCTION 6. APPOINTING PLUMBING BOARD 7. MODIFYING PARKING ON COLLEGE AVENUE 8. APPOINTMENT TO THE ZONING CODE UPDATE COMMITTEE 9 . SETTING SUMMER MEETING DATES 10. CONSIDERING RETAINER AGREEMENT FOR RISK MANAGEMENT SERVICES 11. NATIONAL THERAPEUTIC RECREATION WEEK 12 . INCREASING SENIORS TAX EXEMPTIONS 13 . CHECK REGISTER 14 . INTERMUNICIPAL AGREEMENT ON DAY CAMP WRITTEN COMMUNICATION 15. ASHGROVE REALTY CORP. SECTION 1., BLOCK 4, LOTS 5, 6, 7A, & 7A1 APPLICATION FOR ZONING MAP CHANGE DISCUSSION 16. MEN'S SOFTBALL INFRACTION APPROVAL OF MINUTES 17. MARCH 24 , 1992 18. APRIL 14 , 1992 19. APRIL 27, 1992 20. APRIL 28, 1992 004"S' MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JUNE 23, 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: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass°t to Village Administrator Edward F. Beane, Village Attorney Rocco V. Circosta, Director of Public Works Robert J. Santoro, Police Chief Elizabeth Czajkowski, Secretary to the Village Board Joseph Cortese,_ Village Treasurer, was not in attendance at this meeting. 1 June 23 , 1992004-366 Mayor Cresenzi stated that we would be deviating from the Agenda this evening as Mr. Gioffre, attorney for Merritt & Holby Associates, would be unable to arrive until 8 : 30 p.m. RESOLUTIONS AUTHORIZING ATTORNEY ON WATER CO. RATE INCREASE CASE Administrator Russo explained that this request is to continue the services of the legal firm that Rye Brook, Port Chester and the City of Rye have been using over the past few years with regard to utility cases. This agreement is contingent upon the City of Rye and the Village of Port Chester passing similar resolutions. Mayor Cresenzi is a member of Water District #4, which, he has been working to get activated this past year to assist us in our fight to purchase more water from New York and look at the long term issues of stabilizing our water rates. When this rate increase was proposed, we wanted to go back to the County Water Agency to look at what mechanism might be there for them to start taking over this type of service for us in terms of fighting issues like this now. It was determined at the first meeting of the Water Agency that they need formulate and approve a budget along with the County's Budget Cycle, which would take effect next January. The County does not have a budget to handle this now, and if they received a special appropriation to deal with it now, it would only be taxed back to the same three jurisdictions that are members of the water district next year. It makes sense for us to get the attorneys working on this as soon as possible, in order to be successful before the Public Service Commission. A meeting took place today in Albany with representatives from New York City, Ron Tocci's office and Martin Rogowsky to deal with the water purchase issue from New York. There will be a subsequent meeting in this area, as Ron Tocci has really moved this issue forward, which is great for the Village. Trustee Pellino stated that he supports this resolution. H further stated that this firm has done a good job for us in the past. However, the real issue is the water purchase issue. He stated that perhaps we should give the meetings that took place today a little bit of time to develop. If nothing develops, he suggested that the Board consider passing a second resolution asking County Legislator, Martin Rogowsky to try to expedite the formation of District #4 for the purpose of resolving the issue of water purchase from the New York City system. We should also ask our colleagues in Port Chester and Rye to follow suite and get this district on line as soon as possible. Trustee Solomon questioned if it were true that nothing would be done with District #4 until the following budget year. Mayor Cresenzi explained that the County is willing to give staff time but do not have funding to pay for the legal case. If they did, they would just back tax the same residents for that service. In order to get the district running, it would have to wait until the next budget year. Trustee Zuckerman questioned if negotiations failed, would it be possible to take legal action against New York City. Administrator Russo replied that we haven't gotten that far yet. 2 00436 i June 23 , 1992 Trustee Zuckerman stated that we should understand that if we maintain the position that we have a right to the water, or a right to be paid in lieu of the water, and the City does not come to an amicable agreement with us, ultimately we need to decide whether or not we will pursue the route of litigation. Mayor Cresenzi stated that the agreement that goes back many years, states that New York City must provide the communities of Westchester County with water. We are the only community that is left out. Trustee Pellino questioned if the County has committed to fund the agency definitely by January 1993 . Administrator Russo replied Yes, contingent upon the Officials that sit on the Water Agency Board approving the level of funding. This will be up to the Mayors of Port Chester, Rye and Rye Brook. Mayor Cresenzi added that Marty Rogowsky is also firmly behind this concept, which is a plus. Trustee Pellino stated that we will not know positively until November because it must first pass the entire County Board in order to be approved. Administrator Russo stated that he did not know what level of funding there would be, however, it will be funded. He added that whether they deal with just the water purchase issue or study long term options both have a price tag on them. Mayor Cresenzi added that we need to establish an operating budget and then get that back to the County for their input. Mr. Heller questioned what was the advantage of this new water district. Mayor Cresenzi stated that we are getting 2 million gallons a day and explained that there is another 4 or 5 million that we are buying from Connecticut American. Mr. Heller stated that it would be better to take water from both ends. Trustee Solomon explained that we are trying to get New York City to purchase the water from New York American Water Company and spread it out over the entire County so that . our water rate goes down. Trustee Pellino added that the distribution mode will remain the same. Trustee Solomon added that the reason for this resolution is that Connecticut and New York American Water are trying to raise their rates to compensate for the loss of water that they are receiving and we are trying to fight them. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: 3 June 23, 1992 00 4 36 RESOLUTION AUTHORIZING ATTORNEY ON WATER CO. RATE INCREASE CASE RESOLVED, that the Administrator of the Village of Rye Brook be hereby authorized to enter into retainer agreement with Seham, Klein & Zelman to represent the Village of Rye Brook, Village of Port Chester and City of Rye before the New York State Public Service Commission to contest the proposed rate increase being sought by New York American Water Company; and be it FURTHER RESOLVED, that such retainer agreement shall be entered into at a point when both the Village of Port Chester and City of Rye have authorized similar action in the form of a resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. APPROVAL OF FIRE SERVICE AGREEMENT Mayor Cresenzi stated that this is a one year extension of the existing contract that is already in place. Administrator Russo added that the term ends May 31, 1993 at an amount of $531, 173, 42 . On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION EXTENDING FIRE SERVICE AGREEMENT RESOLVED, that the Village Board of Trustees hereby extends the current agreement between Rye Brook and the Village of Port Chester for a period commencing June 1, 1992 through May 31, 1993 ; and be it FURTHER RESOLVED, that such agreement shall reflect an annual contract amount of $531, 173 . 42; and be it FURTHER RESOLVED, that the Mayor and Village Administrator be hereby authorized to enter into such agreement on behalf of the Village of Rye Brook TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4 June 23 , 1992 00436) 5. DESIGNATION OF LEAD AGENT RE: ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION DESIGNATION OF LEAD AGENT ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION WHEREAS, the Village of Rye Brook Board of Trustees has reviewed the draft architectural plans and short environmental assessment forms for the construction of a new Anthony J. Posillipo Community Center on Garibaldi Place, to replace an existing building; and WHEREAS, the Board of Trustees is the only agency involved in this action as representative of all Rye Brook Governmental Agencies according to N.Y.S. SEQRA law section 301 (1) (6) the Village Board designates itself as LEAD AGENCY; and WHEREAS, the proposed building will create an improved sideyard setback along the Western residential property line where none presently exists; and WHEREAS, all demolition, demolition removal, erosion control and best construction management and mitigation practices will be adhered to; and WHEREAS, the existing site use, parking and access areas remain the same or are improved; and WHEREAS, the landscaping will be fully restored and improved with all major trees preserved according to the Village Tree Ordinance; and WHEREAS, upon the Village Boards' review of the proposed action it has determined that- said action is an unlisted action and imposes no impact to the environment; now, therefore be it RESOLVED, that the Village of Rye Brook Board of Trustees hereby declares themselves as Lead Agent and that the proposed Posillipo Community Center is an unlisted action according to SEQRA; and be it FURTHER RESOLVED, that it has nonetheless reviewed the short environmental assessment forms for the proposed project and issues a negative declaration of environmental impact; and be it FURTHER RESOLVED, that all Public Notices required for the construction and bidding process shall notice the Boards Negative Declaration of Environmental Impact as Lead Agency. Attachment/short EAF TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5 June 23, 1992 1004370 Trustee Daly stated that this is a Community Center, not a Senior Center and it should be noted so in the resolution. Administrator Russo stated that the wording would be changed. Trustee Solomon asked for an update regarding the Community Center. Administrator Russo stated that we are on schedule and are currently working on an Asbestos Survey as far as the grant requirements. The County is reviewing the plans and we have been going back and forth between the County and the Architect in terms of finalizing the details of the plans. 6. APPOINTING PLUMBING BOARD On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPOINTING PLUMBING BOARD WHEREAS, the Plumbing Code of the Village of Rye Brook requires that a Board of Plumbing Examiners be established to administer licensing exams; and WHEREAS, these members who are residents of the Village of Rye Brook and Licensed Plumbers, must be appointed to such Board; now, therefore, be it RESOLVED, that Paul J. Agostino of 12 Terrace Court, Thomas Nardi of 8 Woodland Avenue and Michael Hay of 4 Wyman Street be hereby appointed to the Village of Rye Brook Board of Plumbing Examiners for a term of office to expire in April; and be it FURTHER RESOLVED, that the Building/Plumbing Inspector shall be appointed Chairman of this Board. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. MODIFYING PARKING ON COLLEGE AVENUE On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION MODIFYING PARKING ON COLLEGE AVENUE RESOLVED, that in accordance with Chapter 240-19 (c) of the Village of Rye Brook Code, parking on the North side of College Avenue from Tamarack Road to Windsor Road be hereby prohibited between the hours of 8 : 00 a.m. to 4 : 00 p.m. weekdays from September 1st through June 30th; and be it 6 June 23 , 1992 0043`? FURTHER RESOLVED, that the Highway Department be hereby directed to order and install such signage in accordance with the Uniform Traffic Control Manual of the State of New York. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Daly questioned if she could have a date by which she might receive a specific plan from Sgt. Matthews or someone from the Traffic Commission as to the whole area in Rye Brook, because now that this has been done on College Avenue, the residents on Hillcrest are going to come in and request the same thing be done on their street. We need to see a plan developed for the whole area. Mayor Cresenzi stated that we could get a report back within 60 days from the Traffic Commission on the areas surrounding the High School. Trustee Zuckerman stated that we should receive a report in August, prior to school starting. Mayor Cresenzi stated that Administrator Russo will contact Traffic Commission Chairman Donald Gerstenzang, and will also have Chief Santoro speak to Sgt. Matthews and we should have something by the August Board meeting. 8. APPOINTMENT TO THE ZONING CODE UPDATE COMMITTEE On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION APPOINTMENT TO THE ZONING CODE UPDATE COMMITTEE RESOLVED, that Mark A. Harmon of 16 Hillandale Road be hereby appointed to the Zoning Code Update Committee, effective immediately. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Pellino, Liaison to the Zoning Code Update Committee, welcomed Mr. Harmon aboard, adding that he looks forward to working with him. Trustee Zuckerman stated that he also was on that Committee and it is a very good committee to work on. 7 June 23, 1992 00)4 37 2 Trustee Pellino stated that there is going to be an additional opening on this Board and suggested that Administrator Russo put some text on Cable TV, inviting interested residents to call the office regarding this additional position. Mayor Cresenzi stated that all openings in the future will be on Cable TV. Trustee Zuckerman stated that the agenda for this evenings meeting was supposed to be on Cable tonight. Administrator Russo explained that it was on Cable this evening, however, not for a long period of time continuously. 9. SETTING SUMMER MEETING DATES On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION SETTING SUMMER MEETING DATES RESOLVED, that Tuesday, July 28, 1992 and Tuesday, August 11, 1992 at 8: 00 p.m. be hereby designated as the summer meeting schedule of the Board of Trustees of the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Administrator Russo stated that we will need an extra meeting to approve the bills at the end of the day with only a quorum of the Board being present. Administrator Russo further stated that the Village of Rye Brook was approached by Pace University to host a visiting Government Official from Japan for two weeks, who will be attending the July meeting. 10. CONSIDERING RETAINER AGREEMENT FOR RISK MANAGEMENT SERVICES Administrator Russo explained that during the Budget process, the Village discussed reducing rates on all of our coverages, including our coverages presently. We are also trying to clear up some remaining insurance problems that we have had in this transition. We have also discussed reviewing this on a year to year basis and not make this a blanket that we would have to stay into. Trustee Pellino stated that the Budget runs through May 31st and this agreement runs through July 1st. Administrator Russo stated that the resolution reflects the services to be through May 31, 1993 for budget purposes. 8 U0437J June 23, 1992 On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION RISK MANAGEMENT SERVICES, INC. CONSULTING PROPOSAL FOR VILLAGE OF RYE BROOK RESOLVED, that the Village Administrator be hereby authorized to enter into agreement with Risk Management Services, Inc. of Westbury, N.Y. for Risk Management and insurance services at a fee of $1, 500 per month; and be it FURTHER RESOLVED, that such agreement shall be in effect through May 31, 1993; and be it FURTHER RESOLVED, that such services shall be reviewed by the Village Board during Budget Preparations in April of 1993 . TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE PROPOSAL ATTACHED 9 isk- anag�m . rv1 RISK MANAGEMENT SERVICES, INC . CONSULTING PROPOSAL FOR VILLAGE OF RYE BROOK Allan H. Bader, CPCU, CMC $ CEI President 990 Westbury Road, Westbury, N.Y. 11590 (516) 333-7250 Fax: (516) 333-7778 e�9t�I Mt- RISK MANAGEMENT SERVICES, INC . CONSULTING PROPOSAL FOR VILLAGE OF RYE BROOK (6/16/92) RMS proposes a monthly fee of $1, 500 per month to act as the risk management and insurance department for The Village of Rye Brook . For this fee RMS will administer operations and to institute the programs that are necessary . f ( The categories of services are as follows : R I Insurance Remarketing and Insurance Specifications II Insurance Implementation and Policy Review III Risk Management Programs and Implementation i IV Loss Control Program Design and Implementation V Environmental Management Programs VI Day to Day Program Administration VII Renewal Program i 990 Westbury Road,Westbury, N.Y, 11590 (516) 333-7250 Fax: (516) 333-7778 WS - 2 - I . Insurance Remarketing and Insurance o if cations This consists of developing specifications , review- ing specifications with the Village Board, meeting with incumbent brokers as well as meeting with Potential new brokers to explain the risk, designing the programs, assigning insurance companies, reviewing proposals, analyzing insurance company Proposals and recommending optimum programs to the Village Board , II . Insiran mpt m n a ion and Policy Review After the optimum program is selected, reporting Procedures will be set-up with brokers and insurance companies . All policy forms will be reviewed for content and coverage to make certain that coverages i meet all specifications . Brokers will be asked to do the maJority of work . III . Risk Mon❑oement Proaroms and Implementations This entails development of the Risk Management Policy Statement, explaining the policy statement, educating personnel in risk management functions and why it is critical, explaining claims and accident Procedures . - 3 — IV. lass Control Program — D si n & Implementation This involves fire protection, safety and health Programs aimed at preventing losses, as well as training personnel in proper emergency procedures and instruction in the proper handling of hazardous materials . This includes designing safety and fire Protection programs . l V . Environ ental Management Programs Uniform Right—to—Know programs and training, hazardous material handling and waste manifest Programs , underground tank reporting programs and other environmental programs are included as needed or as issues arise , VI . Day—to—Dov Proarom Administration The following services will be provided to The Village of Rye Brook on a daily basis : { o Maintenance and monitoring of all property and jcasualty insurance coverages . o Training, assistance and monitoring of safety Programs , 4 — o Liaison between Village of Rye Brook and all P & C brokers and insurers as respects coverages , Premiums, etc . o Coordination of insurance coverage requests, revisions, etc . o Monitoring and coordination of claims activities . o Risk management training and monitoring as necessary for loss prevention and loss control Programs . o Review of municipal contracts and bid documents, as necessary, for insurance requirements . o Analyze loss exposures and institute appropriate risk management techniques to deal with exposures . a Management of Environmental Programs . s — VII . Renewal Proarom Ninety days prior to renewal, renewal specifications will be prepared and renewal negotiations with 0 incumbent as well as new brokers" will begin . t' 1 Meetings with brokers and insurance companies as necessary will be conducted. Renewal proposals will be reviewed and a report prepared with our recommendations including estimated premiums by March 15th of each Year , i RMS does not advocate changes of insurance companies and or brokers every Year but only as necessary . We feel it is better to develop long— term relationships whenever possible . a a a June 23 , 1992 1 4, 043 11. NATIONAL THERAPEUTIC RECREATION WEER t On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION NATIONAL THERAPEUTIC RECREATION WEEK WHEREAS, individual and organized forms of recreation and the use of leisure are vital to the lives of all Americans, particularly persons with physical, mental, emotional and/or social limitations; and WHEREAS, the purpose of therapeutic recreation is to facilitate the development, maintenance and expression of an appropriate leisure lifestyle; and WHEREAS, therapeutic recreation is accomplished through the provision of programs and services which assist in eliminating barriers to leisure, developing leisure skills and attitudes and optimizing leisure involvement, improving the quality of life, and providing opportunities for decision-making and choices; and WHEREAS, the National Therapeutic Recreation Society, a branch of the National Recreation and Park Association, originated a week of observance to focus attention on the value of recreation and leisure experiences for all persons, including those with physical, mental, emotional and/or social limitations; and WHEREAS, the Therapeutic Recreation Section of the New York State Recreation and Parks Society wholeheartedly endorses the celebration of this service; now, therefore, be it RESOLVED, that I, Salvatore M. Cresenzi, as Mayor of the Village of Rye Brook do hereby proclaim July 12 - 18, 1992 as NATIONAL THERAPEUTIC RECREATION WEEK in Rye Brook, and I urge all citizens to support this observance and to promote an enhanced quality of life for persons with physical, mental, emotional and/or social limitations. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12. INCREASING SENIORS TAX EXEMPTIONS Administrator Russo explained that from time to time, the State Legislature approves an increase into the maximum allowable annual incomes which was approved some time ago, but was not communicated to us for our approval. It is necessary to approve this increase to make our Village Code accurate in terms of numbers. 10 June 23 , 1992 004376 Both the Town of Rye and the Village of Port Chester have also approved this resolution. The State must approve any increases in annual income for Senior Citizens exemptions. Trustee Solomon questioned if this is retroactive back to the beginning of the year. Administrator Russo replied that it is. On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION INCREASING SENIORS TAX EXEMPTIONS RESOLVED, that the following schedule of Senior Citizen Tax Exemptions be adopted and included in the Village of Rye Brook Code as Chapter 228-16; 91-205 SENIOR CITIZEN TAX EXEMPTION ANNUAL INCOME PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION $0 TO $ 15, 000 50 PER CENTUM $15, 001 TO $ 15, 600 45 PER CENTUM $15, 601 TO $ 16,200 40 PER CENTUM $16,201 TO $ 16, 800 35 PER CENTUM $16,801 TO $ 17, 400 30 PER CENTUM $17, 401 TO $ 18, 000 25 PER CENTUM $18, 001 TO $ 18, 600 20 PER CENTUM $18, 601 TO $ 19, 200 15 PER CENTUM $19, 201 TO $ 19, 800 10 PER CENTUM Trustee Zuckerman questioned if this was mandated by the State law or permissive. Administrator Russo stated that it is by local option, which we do not change. Trustee Zuckerman questioned if this meant that our current law is invalid, as it does not reflect the State Law. Administrator Russo stated that it does not mean it is invalid, as we could leave the reduced limits forever if we chose to do so. Trustee Zuckerman questioned if leaving the limits as we have it would be an option. Attorney Beane stated that he would find this out and report back. Trustee Zuckerman questioned how much this is costing the Village. Administrator Russo stated that the Assessor was not able to calculate that for him, although he did say that it was very, very minimal. 11 June 23 , 1992 004-37 Trustee Solomon questioned if all of the Seniors in the Village will be made aware of this. Administrator Russo stated that every Senior is aware of this. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. CHECK REGISTER RESOLUTION CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: 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: #4662-4717, 4719-4756, 4758-4779 Hand Checks: NONE Payroll Checks: #7292-7386 Environmental: #350-351 Recreational Trust: #555 (Birthday Run) : Capital: 1011 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 DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14. INTERMUNICIPAL AGREEMENT ON DAY CAMP Administrator Russo stated that this is an agreement proposed due to the fact that the Village of Port Chester does not have a Day Camp this year. The Village of Port Chester is concerned that they have a few children who will be receiving camp scholarships and children that are interested in attending camp. They wanted to keep the rate for the children the same, so that they will not have to pay more than Port Chesters resident rate of last year which was $360. 12 June 23, 1992 00437 , The Village of Rye Brook Out of Town rate is $400, therefore, this agreement will provide that the Village of Port Chester will reimburse the Village of Rye Brook for the difference per child from Port Chester residents and we would agree to accept the Port Chester children at our camp, which we currently do. Attorney Beane stated that he would suggest that Port Chester name the Village of Rye Brook as an additional insured on their insurance policy because we are assuming a risk and also more children. This will make another insurance carrier available to the Village. Trustee Zuckerman questioned if the Village of Port Chester ' has a liability program. Attorney Beane added that they would not run their programs without carrying insurance. If they have any type of General Liability Insurance it should automatically cover this. Administrator Russo suggested that the Board authorize him to enter into this agreement with the provision that the Village of Rye Brook be added as an additional insured on the Port Chester Liability Program. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution is hereby adopted: RESOLUTION INTERMUNICIPAL AGREEMENT - SUMMER DAY CAMP RESOLVED, that the Village Administrator is hereby authorized to enter into agreement with the Village of Port Chester to accept eligible Port Chester residents into the Rye Brook Summer Day Camp since Port Chester is not operating a Day Camp this year; and be it FURTHER RESOLVED, that such agreement shall have a clause adding the Village of Rye Brook Summer Day Camp as an additional insured on the Port Chester Liability program. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Solomon stated that he is very happy that Port Chester children will be attending the Rye Brook. Day Camp. Trustee Zuckerman stated that it is good that we are able to help another municipality out at a time of need. Mayor Cresenzi added that it was silly to have two daycamps on one site, so the best thing that could have happened did. 13 June 23 , 1992 004378 MERRITT & HOLBY ASSOCIATES 200 SOUTH RIDGE STREET SECTION 1, BLOCK 23, LOTS IA-2B, 3&4 SITE PLAN APPROVAL Attorney Beane stated that this resolution was slightly modified this evening. He summarized the resolution, explaining the conditions and requirements to be adhered to. Mr. Al Benvenuti of 27 Westview Avenue questioned why the issue of the Concrete Wall and the fence were removed from the resolution. Although it is on the Site Plan, it should still be in the resolution. The Board of Trustees can change the Site Plan, however, they cannot change the resolution. This is the twelfth site plan that we are dealing with, Mr. Benvenuti complained. Trustee Zuckerman stated that great consideration has been given to the methods of writing this resolution and while revising our own methods to make it more efficient, between the resolution and the plan we have determined that as much as possible that was approved would be on the site plan. Any site plans previously passed by any Board becomes out of date, once the current plans are signed by the Mayor, they are the official plans and cannot be varied in any way. We had much discussion and determined that were we to include every single change in the resolution, we might have some confusion. Mr. Benvenuti, once again, requested that these two issues be returned to the resolution. Attorney Beane stated that the Board could change the resolution by a subsequent resolution just as easily as they could change the site plan. Trustee Daly stated that if it doesn't make a difference, we should just put the wall and fence issue back in the resolution, if it will make the residents happy. Trustee Zuckerman stated that if the Board attempts to put every change in the resolutions, where would the line be drawn? This will result in an eighty page resolution which is not necessary. The plans must be totally complete and should include as much possible. Those plans will be signed off by the Mayor, so as to avoid a possible problem between reading the plans and the resolution in case something should be different between the two. Mr. Benvenuti stated that the only major concern that he and the other homeowners have, is the wall and the fence being in the resolution. Trustee Zuckerman stated that it was left out for the reason that originally, when we had the plans, the wall was not in the plans and we said in the resolution, put the wall in. When we got the next set of plans, the wall was already in the plan, so we did not have to have it in the resolution also. In the past, there was a project passed and something was in the resolution and not in the site plan. The result was that the builders followed the plan and not the resolution. This is the better procedure now, and in the future. 14 June 23, 1992 SC' r3 Anthony Martinetti of 17 Highview Avenue stated that what Trustee Zuckerman is saying may be true, but he doubts it. The difference between the resolution and the site plan is the site plan can be altered and substituted. Mayor Cresenzi stated that after this evenings meeting and the project moves along and the builder and the contractor bid for the job, they are going to do so from the plan. Mr. Martinetti questioned what is to prevent the contractor from going to the Building Inspector and trying to change the plans. Attorney Beane stated that the site plan cannot be changed after it is signed. Trustee Zuckerman stated that this resolution refers to the site plan and the site plan refers to the resolution. Trustee Pellino stated that the site plan is the final document, however, if it will make the residents feel better, put the two paragraphs back in the resolution. Mayor Cresenzi stated that he has no problem putting the two paragraphs back in the resolution. In the future, when the Planning Board approves the plans, they will have to sign off on the drawings before the Village Board receives them. Mr. Circosta, Director of Public Works stated that there are times when elevation changes with regards to manhole elevation that are shown on the drawing do change in the field. Trustee Solomon reprimanded Mr. Merritt and Mr. Holby for not keeping their promise of boarding up the building to prevent children from trespassing. He stated that he is highly disappointed in both gentlemen. If someone was hurt in the building, there would be some major lawsuits against them. Mr. Merritt stated that they do have a guard there full time. They need to have entry for the people who are working there. Trustee Solomon stated that the guard is not there for twenty four hours. Mr. Heller questioned what the procedures were regarding the Deer Run situation, so as to make sure that type of thing never happens again. Attorney Beane stated that the procedure involves a legend on the bottom of the site plan saying that this site plan is subject to the resolution. What happened at Deer Run was that there was something that was not on the site plan and was in the resolution. There was no cross reference so when the title work was done, the people never picked up the resolution. This will never happen again, as the legend is included on the site plan. 15 J4 3 U June 23, 1992 Trustee Zuckerman stated that we do not want a builder, who is used to following site plans, not resolutions, to build it according to a plan that is incorrect. If there is something left out of the plan, then there will be a problem. He added that we are changing some of our procedures with the Planning Board in the future so that we have more checklists and also so that every item will be more properly addressed at an earlier stage. Mr. Heller stated that once a plan is signed off on and if there is an error, the builder can go with that error and the Village has no recourse. Trustee Daly stated that the Board can amend the site plan. Trustee Zuckerman stated that there can be an error in a resolution also. Mayor Cresenzi stated that if Mr. Heller was asking the Village to guarantee that all of it's work is error free, we could not do that. Mr. Heller questioned if an error was made on the site plan, would it be recalled. Mayor Cresenzi stated that a particular situation happened in Mount Vernon, where plans were approved and a Building Permit issued. The foundation and footings were put up and the steel was set. The Mount Vernon Building Department gave them a Notice of Violation stating that the permit was issued in error because the builder never met the setback requirements, according to their Zoning Code. The Builder had no recourse against the municipality. Bruno Gioffre stated that he was concerned with the non-exclusive walkphase which seemed to be an open-ended item. If this is the Board's judgement to do this, they should understand what we are speaking of. It is inappropriate to visit that burden upon this applicant. With respect to the basement, in philosophy and in principal, what is in there has been agreed to but the language is problematic and should be changed. It prohibits the basement area for any use and the Zoning of that area permits certain uses subject to the developer meeting certain standards. They have agreed that if they were to develop that area for commercial use, they would first come back to the Board and get a permit. With respect to the Dollar Contribution, the language of the ordinance was looked into. It is kind of "Piggybacking" on the language in the Village Law of Dollar Contribution of money in lieu of land where you have a subdivision. If that section was properly placed in the Code, there really is no standard, criteria or method of determining the wisdom of the merit of the calculation of the dollars. He added that he did not know whether that calculation is available to them or whether it is a number that is arbitrary or whether it is connected to some objective means of evaluation. These three points are critical to the development of the site and to treating this applicant fairly. Over the course of the evolution of this plan the building has been reduced, the parking has been changed, and all of the standard requirements that a Board would insist upon have been given. He asked that the Board give consideration to these three comments, ameliorate the effect of them and then approve this resolution as modified. 16 00438-. June 23 , 1992 Mr. Circosta stated that he does not have the formula with him, however, it was calculated based on the square footage of the building and the size of the property. Mayor Cresenzi stated that Mr. Circosta will make available, the formula showing that it is not an arbitrary figure as soon as possible. Mr. Holby stated that in paragraph 5 there is an error where it says that the applicant will be providing a traffic signal for the non- exclusive walkphase at the intersection of Bowman Avenue and South Ridge Street. We did not agree to do that because it is a County light, Mr. Holby explained. The traffic is not because of this small parcel as both parcels have been there prior to the school, and many other buildings in the area, and are not the cause of all this traffic. It is not fair to put the burden on us, Mr. Holby stated. Trustee Pellino stated that he respectfully disagreed and explained that according to Michael Galante, Traffic Expert of Frederick P. Clark Associates, the County does object to an exclusive walkphase where all traffic would stop, however, they are in agreement that a concurrent or non-exclusive walkphase may be added with their approval if the Village chooses that route. The light that is currently at the corner of South Ridge Street and Bowman Avenue was paid for by the developer of a project called 287 Bowman Plaza, which is an office building on the Rye Brook/Harrison border. The parking lot of that facility is in Rye Brook and the building is in Harrison. That developer paid an amount of $40, 000. 00 for that light and they are nearly a mile away from it. Developers have a responsibility to contribute to the safety of vehicular and pedestrian traffic in this Village. The developers of Washington Park Plaza on South Ridge Street also were required to include the installation of a traffic light. Regarding the cost of this proposed walkphase to be installed at Ridge and Bowman is somewhere in the vicinity of $5, 000. 00 to $7, 000. 00 which may even be on the high side, according to Frederick P. Clark Associates. Trustee Pellino concluded that he would like to make this a condition of approval and urged the other Board members to do the same. It was agreed- that the non-exclusive walk phase would be in the resolution. Mr. Holby also brought up the use of the basement space and requested that they not have to come back to the Planning Board before leasing it out. Trustee Daly stated that Mr. Holby had stated earlier that he just wanted to use that space for storage. Mr. Holby stated that they want to use the space for what it is Zoned for. John Sabia, of 31 Westview Avenue, stated that in attending the Planning Board Meetings, the area was designated as a bowling alley first, but Merritt and Holby could not rent it as such, so the Planning Board and the Village Board designated it for storage space for the stores that were going to be occupied upstairs. There was to be a special meeting and they were to be sent back to the Planning Board for any alternative use of that space for their approval of both, the Planning Board and the Village Board. 17 11. 1.3 June 23 , 1992003 Mr. Gioffre stated that Mr. Sabia was accurate up to a point, however, it was clearly stated by Merritt and Holby that the space was intended ultimately for a use consonant with whatever the zoning called for. Mr. Circosta made recommendations to the Planning Board as to what the Code required if that happened and the Planning Board recognized the fact that it could be used for that purpose provided that the applicant not arbitrarily come in with an application to occupy, but to permit the property to be used for commercial use consistent with zoning and not violate any parking problems. Also the type of use should not cause circulation of traffic difficulties. Mr. Sabia stated that at the Planning Board meeting, Mr. Holby stated that they had no plan to develop that area. Mr. Gioffre corrected Mr. Sabia, stating that the words used by Mr. Holby, were they did not have any knowledge of a tenant. Mr. Sabia disagreed. Mr. Circosta stated that at the Planning Board Meeting, the issue of the basement area was brought forward. It was designated as a Bowling Alley first, and then as storage, as Mr. Sabia already stated. At the last meeting, Mr. Stolzar stated that if they do use this area for commercial, it should depend upon the user, as it may impact upon the neighbors. The outcome was that if any other use comes in, it must go back to the Planning Board. Mr. Gioffre stated that Mr. Holby did not intend to skip the Planning process. It is not necessary to include "the use is prohibited unless", because it is a site plan modification. Trustee Daly suggested that it be subject to the specific laws that govern standard site plan modification procedures. Mr. Gioffre accepted that and so did the rest of the Board. Mayor Cresenzi informed the residents that the two paragraphs of concern would be put back into the resolution. The language on the basement was changed so that it would still have to follow standard site plan modification procedures, which would mean Planning Board referral, Public Hearing and the whole process. Mr. Merritt questioned why he would. have to go through the whole process again. Mayor Cresenzi stated that this is necessary because it is not designated retail or use and was not discussed during the Planning process. Mr. Gioffre stated that they are seeking to convert that area to a commercial use consistent with prevailing zoning and the law requires that it go through standard site plan modification procedures. Trustee Pellino stated that the final site plan does not include storage and it should. 18 June 23 , 1992 004380, Mayor Cresenzi stated that they will add to the resolution that the space in the basement is not parking space, the room will be designated as a storage area and if it to deviate from storage, then it must go through the standard planning procedure. Attorney Beane read the completed paragraph with the corrections. Mayor Cresenzi explained that the room is drawn on the map and is defined area. It does not say storage on the map so now it is referred to in the resolution. Mr. Circosta stated that it will be noted on the map and then signed by the Mayor. Mayor Cresenzi stated that all of the changes have been addressed. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION MERRITT & HOLBY ASSOCIATES 200 SOUTH RIDGE STREET SECTION 11 BLOCK 23, LOTS IA-2B, 3&4 SITE PLAN APPROVAL WHEREAS, the Board of Trustees of the Village of Rye Brook has reviewed the application of Merritt & Holby Associates with respect to 200 South Ridge Street located on an approximately 2 .420 acre parcel of land on the westerly side of South Ridge Street; said land being improved by a cinder block building of approximately 80,000 square feet, for which Site Plan Approval is sought; and WHEREAS, the Board of Trustees referred this application to the Rye Brook Planning Board on December 18, 1990; and WHEREAS, the application was reviewed by the Planning Board in January, 1991, April, 1991, June, 1991, July, 1991, August, 1991, October, 1991, February, 1992 , March 12, 1992 and April 9, 1992 ; and WHEREAS, the Planning Board requested and received reports from, and consulted with: the Police and Fire Departments, the Village Engineer, the Village Planner, Westchester County Department of Planning and the Westchester County Department of Public Works; and WHEREAS, the Planning Board, together with its consultants and engineers, studied the proposed Site Plan with respect to its affects on the neighboring residences; and WHEREAS, the Planning Board directed the Applicant to meet with the Village Engineer and Village Planners to configure pedestrian access and parking as well as ingress and egress to minimize the affects on the neighboring residences; and 19 June 23 , 1992 004 38ii WHEREAS, the Planning Board, the Village Engineer and Planning Consultants determined that the plan as revised and submitted to the Board of Trustees would be appropriate for consideration with respect to Site Plan Approval subject to certain conditions; and WHEREAS, the Planning Board referred said application back to the Board of Trustees, and the Board of Trustees set a Public Hearing date for May 26, 1992 ; and WHEREAS, said hearing was conducted on a proposed plat illustrating said Site Plan as shown on Sheets 1 through 6 of site plans prepared by Rocco V. D'Andrea, Inc. , entitled 11200 South Ridge Street" and last revised on June 15, 1992 ; and WHEREAS, the Board of Trustees, in accordance with the New York State Environmental Quality Review (SEAR) Act, required the Applicant to prepare and submit a Long Form, Environmental Assessment Form, the findings of which have been accepted by this Board; and WHEREAS, after meetings with the Applicant, its attorneys, planners and engineers, the Planning Board and the Board of Trustees after various modifications have accepted the proposed Site Plan Approval as set forth on the plans as referred to above; now, therefore, be it RESOLVED, that Site Plan Approval is hereby granted and the site plan last revised on June 15, 1992 , as it shall be further revised by the Applicant, be and hereby is approved subject to the conditions set forth in this Resolution and the notes and legends on said site plan; and be it FURTHER RESOLVED, that the Mayor is hereby empowered to sign said site plan subject to, and only in the event that the Applicant obtain all necessary approvals from any other agency or governmental body having jurisdiction, and conformance to the conditions and this Resolution is met to the satisfaction of the Board of Trustees; and be it FURTHER RESOLVED, that the Site Plan Approval is subject to the following conditions: (1) the concrete wall as shown on page 2 of 6 of the plan on the westerly property line shall extend the full length of the westerly boundary of the property. (2) the Applicant will exercise due diligence and take all reasonable measures to protect the existing trees on the Site. If, despite these efforts, any tree or trees die, then the Applicant shall replace said tree with comparable replacement trees. i.e. : one (1) twenty (20) inch diameter tree may be replaced with four (4) trees of the same species which are five (5) inches in diameter. The Applicant shall be bound by the provisions of Chapter 235 of the Village Code entitled: "Trees" in determining its obligation to replace trees. 20 June 23 , 1992 00438 J 3) A wood fence will be erected by the applicant as shown on the plan. The type, height and material of said fence is subject to the specifications and requirements of the Village of Rye Brook and must be erected according to said specifications including but not limited to a finished side of such fence shall face the residences to the west. (4) All heating ventilation and air conditioning units shall be located in the center of the building so as to minimize disturbance to the neighbors. (5) All signage the Applicant seeks to erect, including signage identifying the Shopping Center shall be subject to prior written approval by the Board of Trustees. The Applicant shall make application to the Board for said approval(s) which application shall include a site plan showing sign location, dimension and material. (6) The Applicant, its lessees, transferees, successors, assigns, or anyone acquiring an interest therefrom, shall be prohibited from operating any establishment whose primary purpose is the sale of alcoholic beverages to the public and/or whose primary purpose is to function as a "club" , "sports bar", "stand-up bar" or similar establishment. Such a use shall be a prohibited use. The Applicant; its lessees, transferees, successors, assigns, or anyone may, however, operate a restaurant or other food establishment which serves alcoholic beverages so long as the nature of the business is such that the service of alcoholic beverages is incidental to and done only in conjunction with the service of food in the Center. Any proposed restaurant or food establishment or similar establishment must make application for and receive prior approval by the Village Board before assuming occupancy of any portion of the premises; (7) That the applicant at its own expense shall cause to have installed a traffic signal with a non-exclusive walk phase on South Ridge Street at the intersection of Ellendale Avenue and the proposed entrance to 200 South Ridge Street and at the intersection of Bowman Avenue and South Ridge Street. (8) The applicant shall at it's own expense install a concrete sidewalk from the 200 South Ridge Street property line to a point North ending at the beginning of the Rye Ridge Shopping Center property. (9) The area that is shown as an enclosed room on Sheet 4 of 6 of the above noted site plans shall be used by the applicant only for storage purposes and shall not be used for any other purpose without the applicants compliance with standard site plan review procedures as set forth in Chapter 209 of the Village of Rye Brook Code. 21 June 23 , 1992 00438o FURTHER RESOLVED, that based upon the determination of the Village Board that a suitable park of adequate size cannot be located on the site and/or is otherwise not practical the Board, the Applicant, its heirs, successors or assigns shall contribute the amount of $46,691.00 to the Village of Rye Brook Recreation Trust Fund to help meet recreational needs of the Village; said payment shall be made prior to the signing of the Site Plan 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 said payment in any Federal of State Court or Administrative Body in this or in any other jurisdiction; and be it FURTHER RESOLVED, that within ninety (90) days from the date of this resolution, the Applicant shall make application to the Village Board for a modification of the Site Plan to remove the access shown on the plan and seek vehicular traffic, in the general form set forth on the proposed site plan dated June 15, 1992 ; FURTHER RESOLVED, that the Applicants will designate and mark Fire Lanes in accordance with the provisions of applicable Village Laws and with consultation and direction from the Village Engineer; and be it FURTHER RESOLVED, that the Site Plan include thereon, the following designation: "This Site Plan shall be subject to all requirements and conditions of the Final Site Plan Approval Resolution of the Village Board dated June 23 , 1992; and be it FURTHER RESOLVED, that this Final Site Plan Approval Resolution shall lapse if the final Site Plan is not filed in the Office of the Village of Rye Brook within six (6) months of this Resolution date; and be it FURTHER RESOLVED, that this Resolution shall be binding on the Applicants, their 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 3. DECLARATION OF LEAD AGENT ASHGROVE REALTY CORP. SECTION 1, BLOCK 4, LOT 5, 61 7A & 7A1 Attorney Beane explained that this is the first step in the SEQRA process by which each application that may impact the environment is dealt with. There is an agency which is designated as lead agency, who coordinates all the comments by the various members of the public and public agencies. The Village, after sending out the notices, waits for a period of thirty days to see whether or not any of the agencies object. Then the Village makes a determination as to whether it makes a positive declaration or makes a negative declaration. Right now, we are only declaring ourselves as lead agency and will notify all other effected agencies and give them thirty days to respond. 22 June 23 , 1992 0041038 j On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION DECLARATION OF LEAD AGENT ASHGROVE REALTY WHEREAS, application has been made by Ashgrove Realty Corp. to the Village of Rye Brook for a rezoning and site plan approval of a property located at or near the intersection of Anderson Hill Road and King Street in the Village of Rye Brook, said site being more specifically identified on the Tax Maps of the Village of Rye Brook as Section 2, Block 4, Lots 5, 6, 7A and 7A1; and WHEREAS, preliminary review of the application reveals that the proposed action constitutes a "Type I Action" under the standards and requirements of the New York State Environmental Review Act (SEQR) ; and WHEREAS, the Village Board of Trustees has determined that it is in the best interest of the Village of Rye Brook, as well as the orderly processing of this application, that the Village Board of Trustees declare its intention to act as Lead Agency with regard to the processing of this application under the requirements of SEQR; now, therefore, be it RESOLVED, that the Village Board of Trustees hereby declares its intention to be Lead Agency with regards to the above noted application and directs that the attached notification, application and environmental assessment form be circulated to the agencies identified on the attached notification. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 15. ASHGROVE REALTY CORP. SECTION 11 BLOCK 41 LOTS 51 61 7A, & 7A1 APPLICATION FOR ZONING MAP CHANGE Attorney Beane explained that this is a request that the additional zoning map of the Village of Rye Brook be changed so as to reclassify the property in question from one zone to another. This decision is ultimately made by the Village Board, however, first it must go to the Planning Board. Mayor Cresenzi suggested that we refer this to the Planning Board because it is all one package. Throughout the application it is Ashgrove Realty Corporation on Anderson Hill Road and King Street and is a site specific request of the rezone so it is not in question. 23 June 23, 1992 00438o On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ASHGROVE REALTY CORP. SECTION 1, BLOCK 4 LOTS 5, 6, 7A, & 7A1 APPLICATION FOR ZONING MAP CHANGE REFERRAL TO THE PLANNING BOARD RESOLVED, that an application for Zoning Map change from Ashgrove Realty Corp. for the property located at Section 1, Block 4, Lots 5, 6, 7a & 7al on the Official Tax Map of the Village of Rye Brook be hereby referred to the Planning Board for their review and recommendation. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 16. MENS SOFTBALL INFRACTION Trustee Zuckerman explained that this is a request from Superintendent of Parks and Recreation, Thomas Hroncich who is seeking to impose a fine of $100 for an infraction regarding alcohol consumption at Ridge Street School. Mr. Hroncich stated that the rules of the Recreation Department involve forfeiture of the team out of the league, however, the softball season is already under way and being that the infraction was accidental in nature, the Recreation Commission felt that there should be a fine of $100. Mr. Hroncich explained that the members did not plan on drinking on the field. One of the players on the team had a birthday. After the game, his girlfriend showed up with a six pack of beer, not realizing that it was illegal. As soon as someone told them so, they stopped, packed up and left the site. It was not intentional and we felt that a fine might be more suitable. Trustee Daly stated that it is not in the rules to impose a fine upon them and being that it was not intentional, she would not like to impose any fine at all. Trustee Pellino agreed and added that we change the rules in the future, making them tighter. When doing so, we should impose a fine in the rules. The MCI people that were involved in this incident got the message, no harm was done, and it was accidental. Forfeiture from the league is a very extreme action to take per the rules. Trustee Zuckerman agreed and stated that we are seeking to impose a penalty that does not exist by prior rules. The only thing that does exist is to throw them out of the league. Trustee Zuckerman inquired what action has been taken by the Recreation Department regarding communicating the problem to MCI. 24 June 23 , 1992 00438J I Mr. Hroncich replied that there was a letter sent to each MCI Team Captain on May 8, 1992, which indicated that if any MCI team was found drinking again, all four MCI teams would be forfeited out of the league and a letter would go to the Chief Executive Officer of MCI explaining the situation. Trustee Zuckerman stated that in the near future, they should propose a schedule of fines that we could act upon for various infractions because he does not feel comfortable imposing a fine that doesn't legally exist. Mayor Cresenzi stated that we have an ordinance on the books that prohibits drinking in public, so it is a violation of the law to begin with. It doesn't really make sense to not do anything at all, and recommended removing the team from the league. Trustee Solomon questioned what the fine was for drinking in public. Chief Santoro explained that the Police were never called, therefore, no summons were issued. If they were not caught doing this, a fine cannot be issued by the Police Department. Trustee Zuckerman stated that we should not overlook this incident. Perhaps a letter of censure sent to the MCI Headquarters to make them aware of the seriousness of the event would be appropriate. Mr. Martinetti stated that fining someone for drinking at a game is really within the realm of the Police Department. The Recreation Department could set rules where the first infraction is a warning, the second is expulsion. Mr. Hroncich stated that the School District has informed us that this is not to be permitted at all. If we do not set a fine tonight, the Recreation Commission will probably request that I enforce the rules. This all took place on May 24th and today is June 23rd so they have played a number of games since then. The next Recreation Commission meeting is on July 7th. Attorney Beane questioned if the captain of the team indicated that he would be willing to pay a fine. Mr. Hroncich stated that he did not think that they would fight a fine. Rhoda Steinberg of 1000 King Street stated that accidental drinking is bizarre. These are grown men that we are speaking of, not children, and they should know better. She suggested that the Village hold to the standards that they have already set. Trustee Daly stated that the whole team should not suffer for a few who broke the rules. Ms. Steinberg pointed out that the men enter as a team and are all responsible for their teammates. 25 June 23 , 1992 0040390 Chief Santoro stated that at the beginning of the Season, he and Mr. Hroncich had a meeting regarding drinking at the school. The Police Department was requested to enforce this because if it were to occur, the school would eliminate the league. Mr. Hroncich stated that all of the teams are aware of the rules by both verbal and written communication. Trustee Solomon stated that the Recreation Commission should enforce their rules, because it sends a message loud and clear not to do it. Trustee Daly questioned if throwing the team out would hurt the league. Mr. Hroncich stated that it may disrupt the league. Mayor Cresenzi stated that he does not wish to throw the team out of the league, however, we cannot fine, as the rules are already in place. Mr. Martinetti stated that this is a ballgame and these young adults want to play ball. They should do this with a first offense and a second offense, as he suggested earlier. Trustee Solomon stated that we do not have that luxury as the teams are playing on School grounds and the School will not abide any drinking at all, whether it be a first offense or not. They will not permit us to use the fields if this were to happen again. Trustee Daly stated that in the future, the team should forfeit and be suspended for a certain period of time, however, cannot agree with totally throwing the team out of the league. Mayor Cresenzi stated that he would be in favor of a monetary fine, however, if the Board is not, then we should enforce the rules and remove the team from the league. Trustee Zuckerman stated that after reading the rules, they are very clear and strong. If we want to change the rules in the future, we should, however we should go by the current rules on the book. Mark Harmon stated that it seems to be a very minor issue, however the municipality has rules and regulations. We cannot change a rule every time it is broken, just because we think it is too harsh. Mrs. Chatman questioned why this matter took so long before it got to the Board. Trustee Daly stated that it was on the Agenda for the last meeting, but by the time it came up, it was almost 1:30 a.m. and the Board decided to table the matter. Trustee Solomon stated that he would like to send a very clear message. Each member of the team should pay a fine of $25 for this infraction. Trustee Pellino stated that he cannot agree to making temporary rules for something that happened outside the published rules and does not agree to a fine. We should enforce the written rule and then perhaps revise our rules, providing a fine system. 26 June 23, 1992 004391 Trustee Zuckerman agreed and added that we must also protect our relationship with the School system. Mayor Cresenzi stated that the consensus of the Board is to enforce the rules that are already in place and forfeit the team from the league. Trustee Pellino questioned if we could have a revised draft regarding rules and regulations by November. Mr. Hroncich stated that he will have a draft by November for the Board to review. APPROVAL OF MINUTES 17. MARCH 24, 1992 18 . APRIL 14, 1992 19 . APRIL 27, 1992 20. APRIL 28, 1992 On Motion made by Trustee Daly, seconded by Trustee Pellino, the Minutes were accepted as amended. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mr. Martinetti questioned if the property adjacent to the new professional building was set aside as parkland. Mr. Circosta stated that the area will be reserved as open space. Mr. Mart inetti - stated that no one is maintaining that property. He questioned if that land could be for a park. Mayor Cresenzi stated that the Village decided to put this land into Recreation Trust so that it could not be used for things such as parking. Many residents who were .present at the meeting, stated that they felt it should remain as open space and not even have the grass cut. Mary Ellen Sullivan requested that a memo be sent to the Village of Rye Brook Highway Department not to park their trucks in the Handicapped parking spots or double park at the Rye Ridge Shopping Center, as she witnessed this on Friday. Trustee Daly questioned if she could check the plantings that are going up on the new development on King Street as they seem to be very sparse. Mr. Circosta stated that they are putting additional trees between the plantings that they currently have. 27 June 23, 1992 004392 9 2 Mr. Heller suggested that Merritt & Holby should plant trees on the bare land behind the shopping center. He also questioned if when Merritt & Holby converted the section of offices behind the center to stores, did they recomputate the parking requirements. Trustee Solomon stated that he was also at that Planning Board Meeting and all of that was taken into consideration. Mr. Circosta verified that the Parking was reconfigured for the use that was put in. Mr. Heller complained that at Sound Federal Savings Bank, they black topped the parking lot and went right up to the tree and now there are some large dead Maples and it looks as though someone purposely killed the tree. Mayor Cresenzi stated that the Village would look into this matter and the Tree Ordinance will be enforced. Brian Harrod, proprietor of Advanced Building Maintenance stated that he made a Freedom of Information Request and after five days he received a letter from Mr. Russo which provided a date when he would receive the items. It is very frustrating, as Mr. Harrod explained that he was trying to prepare information for the meeting tonight. Mr. Russo always manages to get the information to him after the meeting has already taken place. If it is a public document, why can't he just have it. Public documents, are paid for by taxpayers money and belong to the public. He spoke to Mr. Russo a week ago, who told him that he could have a copy of the lease showing the renegotiation with the landlord and he has still not received it. He added that the tapes that he requested took over a month to receive and when he finally got them, they were scrambled and recorded in the wrong format. He questioned why he is being given such a hard time to get public documents. Ms. Sullivan stated that she has a similar problem as she never received the Planning Board Minutes that she requested two and a half months ago. Brian Harrod added that he has phoned Mr. Russo almost thirty times and he has yet to receive a phone call in return. He added that the Administrator/Clerk position should not be political. Mr. Harrod demanded Administrator Russo respond to the orderly distribution of FOIL requests. Administrator Russo stated that he received Mr. Harrods FOIL request last Tuesday or Wednesday and promptly sent him a letter that he would get it by June 24 , 1992 . This date was determined based on the workload in the office. Just for the Board's information, Administrator Russo stated that he has had a few very lengthy discussions with Mr. Harrod and informed him that he would receive all the information by June 24, 1992 . Administrator Russo added that he spoke with Mr. Harrod yesterday, not over the phone, but in person. Mayor Cresenzi clarified that Mr. Harrod could come in and pick up the information tomorrow. 28 ii June 23 , 1992 �)043,19. Mr. Harrod stated that he was appreciative, however when you are trying to prepare items for a meeting, it is very frustrating. He added that he waited a month for tapes that were given to him scrambled, and he even offered to come in and record the tapes himself. He could understand that the staff is backed up, but it does not take a lot of time to have one of the girls stick the lease into the automatic document feeder and charge a fee of 25 cents per page. Ms. Sullivan explained that even the Planning Board had requested that Mr. Circosta have the minutes for the next meeting. Mr. Circosta stated that Ms. Sullivan was correct, the Planning Board had made a request and procedurally, as this Board had stated earlier, all Planning Board Minutes will be approved by the Planning Board, prior to distribution. Mrs. Chatman questioned the December 19, 1991 Board of Trustees minutes. Trustee Pellino stated that our meeting was on the 17th of December. Mrs. Chatman stated that those minutes were just passed and wondered why it took so long for them to be passed by the Board. Were they just transcribed recently, she questioned. Trustee Solomon stated that the minutes were transcribed a long time ago. They are only being passed recently for the reason that they were held over a few times because of minor changes or spelling corrections. Mr. Harrod stated that in the Village of Port Chester, they let you listen to the tape the next day. The employees are very helpful there. Mrs. Chatman added that the minutes that she wanted were in December and it is now July. Mayor Cresenzi questioned if she filled out a FOIL request form. Mrs. Chatman replied that she did not fill out a FOIL form. Mr. Circosta stated that Ms. Sullivan requested the Planning Board minutes only, and she was notified by our office that a set of minutes was ready for her to pick up. She came to our office, looked at the minutes, said thank you, and left without them. Ms. Sullivan stated that Mr. Circosta was correct. Lori Ann DeMarco, Asst to Village Administrator, informed Mrs. Chatman that if she would like, she may fill out a request form after the meeting and we would try and accommodate her. Mr. Martinetti stated that he can't understand the attitude of Ms. DeMarco's comment, Fill out a formal document and I will give you something. He added "This is ridiculous, what are we running, a Gestapo? 29 June 23 , 1992 00403 9 4 Mayor Cresenzi informed Mr. Martinetti that it is a formal process and this is the law. Mr. MartinettiIs comment was not a fair comment, Mayor Cresenzi added. ADJOURNMENT On Motion made by Trustee Pellino, seconded by Trustee Daly, the Meeting was adjourned at 11:40 p.m. Respectfully submitted, � n Elizabeth Czajkowski Secretary to the Village Board 30