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HomeMy WebLinkAbout1991-06-25 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK REGULAR MEETING JUNE 25, 1991 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. ADOPTION OF VILLAGE OF RYE BROOK CODE LOCAL LAW #1 - 1991 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK" RESOLUTIONS 2. SETTING PUBLIC HEARING DATE FOR JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10 LOTS 2 B & C, 3A, 5 & 6 B 3. SETTING PUBLIC HEARING DATE FOR MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A RE: APPROVAL OF SUBDIVISION 4. HUMANE SOCIETY CONTRACT RENEWAL 5. BOARDS,-COMMITTEES AND COMMISSIONS APPOINTMENTS 6. APPROVAL OF LEASE FOR YOUTH OFFICER SPACE 7. SETTING DATE FOR JULY AND AUGUST BOARD MEETINGS 8. FINGERPRINTING FEES 9. REFERRAL TO THE PLANNING BOARD DAG ASSOCIATES BOWMAN AVENUE/BARBER PLACE SECTION 1, BLOCK 23 LOTS 1A6, 1A7, 1A8 10. REVISING FEES FOR DEPARTMENT OF PUBLIC WORKS 11. CHECK REGISTER APPROVAL OF MINUTES 12. MAY 21, 1991 ITEMS FOR JULY BOARD MEETING PUBLIC HEARINGS 1. CONTINUATION OF CODIFICATION PROCESS 2. JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10 LOTS 2 B & C, 3A, 5 & 6 B 3. MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A RE: APPROVAL OF SUBDIVISION RESOLUTIONS 4. AWARDING`ROAD RESURFACING CONTRACT RECYCLING: THE WAY OF THE FUTURE! MINUTES OF A REGULAR MEETING 0 0 1 9 2 1 BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JUNE 25, 1991 CONVENE MEETING The Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 8:05 p.m. in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Robert Ravich Trustee Randy Solomon Also present were: Lori DeMarco, Ass't. to Village Administrator Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer Rocco V. Circosta, Director of Public Works Elizabeth Czajkowski, Secretary to the Village Board Christopher J. Russo, Village Administrator was not in attendance at this meeting. 0 01. 9241 June 25, 1991 Mayor Cresenzi stated that this evening the Board would deviate from the agenda and open the Public Hearing later in the evening as there are one and a half hours of regular business to tend to. Since many residents were present this evening to speak in regard to the Meadowlark Park issue, Mayor Cresenzi opened up the meeting for any comments from the floor. Nina Accurso of 52 Rock Ridge Drive stated that her next door neighbor, Robert Sherlock, has recently been stricken with Lyme Disease. The Sherlock's home along with the home of Ms. Accurso, fronts the back of the woods where the stream is located. He was in his backyard when he was bit by a tick. She suggested that the Playground discussion be postponed until the Lyme Disease problem is controlled. This is very dangerous especially since there will be small children playing in that area. Mayor Cresenzi stated that this is not a formal proposal before the Board, only a public discussion. Michael Bank, of the firm Hashvill, Schear, Bank & Geist is here on behalf of his partner, Norman Scher of 39 Knollwood Road who could not attend this evening. Mr. Bank presented a letter from Mr. Scher that was sent to the Village Board on June 10, 1991. He commented that since the Recreation Commission is against using this particular site for a playground, the Village would be ill-advised to even consider a playground at this site. Stanley Bernstein of 24 Meadowlark Road stated that many residents in the area are concerned with this proposal, which has been turned down three times by the Recreation Commission because of an area stream placing a terrible safety hazard on all children. He stated that Lori Martelli, of Universal Play Systems, Inc. , the company that supplies our area with playground equipment, has written a letter to the Recreation Department where she informs them of many negative issues regarding a playground on that particular site. Ms. Martelli stated that a playground would be a welcome addition to the Village, however the site proposed is not in the best interest and safety of the children, the immediate neighbors next to the site and the liabilities of the Village. Mr. Bernstein then read a letter, which he gave to the Village Clerk, to be incorporated into the text of the minutes. Mr. Bernstein stated that the NYS Environmental Quality Act states that a Quality Review inspection of the property must be made before a permit can be issued by the Village. Any citizen who feels they are affected by this project can sue the Village of Rye Brook for damages. Another problem is closing the area around the stream. By closing the area it would become an eyesore. There is also a parking problem. Meadowlark and Rock Ridge Road are the two main roads in the area and if there are too many cars parked on the street it would create a one lane street. When this park closes at night it would become a hang-out for teenagers to drink, use drugs and vandalize. - 2 - 00192 Letter to The Editor Regarding Eve Heym's article about the proposed Playground for the Meadowlark area, I would like to add the following comments: The concerns that many residents in the area have regarding this j proposal, and the resulting resentment of the proponents for the playground, have nothing to do with generational differences. The problem is simply a matter of recognizing our safety, environmental and fiscal responsibilities. j This proposal has been turned down two times by the Recreation Commission because of the terrible safety hazard that the stream poses to all children. Lauri Martelli, a representative from the Universal Play Systems Inc. (the company that supplies our area with playground equipment) has written a letter to the recreation department where she says, and I quote, " At Meadowlark Park there is a serious potential for accidents because of the large stream recessed alongside the site. Even by fencing in the entire area, it is easy for a child to enter the yard immediately to the right of the park and. attempt to et access to the stream. I am extremely concerned with the i t pt g Y possibility of a youngster falling down the embankment and striking one of the multitude of rocks, tree roots, etc. Although the stream is not deep, drowning can occur if a child is rendered unconscious n In another paragraph she writes, " It is my professional belief that a tot playground would be a welcomed addition to the Village. However, the site proposed is not in the best interests in the safety of the children, the liabilities and increased costs to the Village, nor to the immediate neighbors next to the site". Other points regarding this proposal should be mentioned. The New York State Environmental Quality Act states in no uncertain terms that a quality review inspection of the property must be made, and a permit of approval issued before, and I stress before, a permit can be issued by the Village in this case. If this is not complied with, then any citizen who feels they have been adversely affected by this new construction has the right to sue the Village for damages they feel have been a result of such an action. There is also the very large problem of closing the only entrance to the open wetland area in the rear of this proposed playground. It would be impossible to ever get in there to do much needed maintenance, and in a very short time this pristine area we m�a an eyesore. QEJUN l�J 51991 U CLERIC°�; 0°_`-s 11 001926 Then of course there is the parking problem. Parking would have to be on the street in front of the immediate neighbor's homes. Meadowlark Road and Rock Ridge Drive are the two main roads through this area, and if too many cars park, it would turn these streets into just one lane which would be a safety hazard to everyone in that area (not to mention the air pollution and the noise factor) . And for the proponents to say that they want to restrict this area to children up to ten years old, that is illegal, restrictive, and certainly when this park is shut down at night, it will become a hangout for teenagers to drink, drug and vandalize. This would be nothing new in that area, it has a historyof this from da one. Y And of course how about the way this would affect the immediate neighbors? Because of the small size of this area it would be impossible to have a buffer area between the homes immediately surrounding this park. In essence you would have this area directly next to the property line . Simply put, if you wanted to use your backyard to sit around and relax, you would have a group of screaming children and mothers five or ten feet from where you're sitting. To say that these 15 or 20 families are selfish, insensitive and self serving would be a gross understatement. Also, one should note that the Ridge Street School playground area (which has recently been completed) has been sensitive enough to give the immediate neighbors who abut the property a 30 foot buffer zone. The proponents of the Meadowlark playground offer no buffer zone. What is really frightening is that in spite of all the warnings from experts, the proponents are pursuing this with almost irrational ardor. They do not seem to care for the safety of their children, or the safety of all the children of all ages that would be attracted to this place. I shudder to even think about it. And finally, there is the matter of fiscal responsibility. This proposal is really for the benefit of no more than 20 families in the Meadowlark area. In a time of fiscal crisis, these people want the Village to supply them with their personal play area at the cost of as much as $75,000.00, a figure estimated by Mr. Mike Borelli, the head of the Recreation Commission. I feel that Mr. Borelli's opinion of the cost is a lot more realistic that the one quoted by the proponents. Also, there is the matter of monies needed to repair the Posillipo center. This center serves the entire community. The center is in terrible condition, and estimates run anywhere from $400,000 to $500,000 to make the necessary repairs. The recreation fund has i 0019' ! $400,000, and we may or may not get a contribution from the County in the amount of $200,000 provided we complete the job with our own funds. As far as the way in which public projects seem to go, I do not recall one major project that did not go over budget. An immediate example is the Rye Club swimming pool and club house which as of yesterday had already gone $500,000 over budget on a $3,400,000 initial estimate. Another point I would like to bring up .is the misleading numbers that were quoted in Ms. Heym's article. It is certainly true that the proponents received exactly 147 signatures. However it is also true that as many as three and four people from each household signed the petition, and with no more than five or six exceptions, not one of these people would in any way be affected by this proposal. The 26 signatures against this were from people who lived in the immediate surrounding area, and were one from each household. It has also been brought out that every home in that area has a large backyard where the families can set up play areas and walk to each other's houses if that is what they want to do. When I moved to the Meadowlark area over thirty years ago we had over 150 children living in the area. We never even considered a private playground. We were happy to be in such a great area, and certainly did not want to, in any way, upset or harm any of our neighbors. This is a terrible idea, and the citizens of our area should be aware of the entire picture. The bottom line is that it would be a disaster waiting to happen, and I would hope that the judgement of our esteemed Recreation Commission and the Playground company would be taken into serious consideration, and this bad joke be stopped before it gets to what might be a tragic punch line. Sincerely, Stanley Bernstein Village of Rye Brook i 001926 June 25, 1991 Mr. Bernstein stated that this proposal, only benefits the twenty families in the area, which will cost the taxpayer's money. He stated that the Rye Brook Senior Center, which benefits the whole community, is in dire need of repairs. Mr. Bernstein stated that estimates run anywhere from $400,000 to $500,000 to make the necessary repairs. Harvey Schiller of 26 Meadowlark Road stated that he was in full agreement with Mr. Bernstein. In addition, Mr. Schiller pointed out one safety factor that was not thoroughly investigated. As a member of the Traffic Commission it has been brought to his attention that there are many sight problems on the corners in that area, stemming from tree overgrowth to motorists not obeying stop signs. Local Law #7 of 1984 pertains to Traffic regulations in the entire Village. This law gives the Village Board the authority to set up a play street. Currently only one play street exists in the Village and is located from Meadowlark Road to Oriole Place. Jules Yarnell of 28 Meadowlark Road added that this playground would constitute a neighborhood nuisance and would interfere with the adjacent neighbors quiet enjoyment of their property. This would impose additional unwanted expenses on the Village for Construction, Supervision, Maintenance and Insurance. He added that this will also give the Police extra work to do, which they do not need. He concluded by saying that this proposal is so lacking in merit that it should not even be considered. Robert Harris of 45 Meadowlark Road stated that currently they have 172 signatures for the playground and there are 76 children of preschool and elementary age. He stated that he grew up in the area, living there for 33 years and during that time the open area for children to play has decreased. He stated that when he was a child there were teenagers who would sit on the edge of the stream and drink beer, which no longer occurs, those children have grown up and moved away. The proposal would account for that as they would be fencing off the stream, making the area inaccessible, thus doing away with that problem. Vera Wethington of 7 Meadowlark Road, stated that she also grew up in the area, but grew up at 22 Meadowlark Road where the beer bottles were thrown. The problem still continues to this day and the attraction is the open area and a place to park the cars at night. She added that the Ridge Street School playground is beautiful and sees no reason why other parents can't walk down the street to Ridge Street School or build a playground in their own backyard. Marilyn Yarnell of 28 Meadowlark Road stated that to build something on open space that could not be built in one's own backyard such as a baseball diamond, would be acceptable. Most of the homes in the area have plenty of space to build their own playground. - 3 - 001.921 June 25, 1991 Ed Kulik of 42 Meadowlark Road stated that there are 15 to 20 families that are in favor of this proposal. They have obtained a letter from the Town insurance stating that this would not increase the liability of the Village. He also stated that he and other various residents in the area are interested in forming a Neighborhood Watch Program to avoid the problem of teenagers drinking on the property. Finally, he stated that the cost of the playground is $75,000 and they have actual proposals of $30,000. Mayor Cresenzi stated that there was no formal proposal in front of the Board this evening but welcomed these residents to return anytime. He explained that if a Public Hearing were ever to come out of this, a Public Hearing Notice would be published in the Newspaper or on Cable Television. He also stated that residents could feel free to phone the Village Clerk on the Friday before the Meeting to inquire whether or not it is on the Agenda. Mr. Heller of 22 Lincoln Avenue questioned why this proposal is able to be publicly heard in front of the Village Board if the Recreation Commission has already made it clear that they are against it. Mayor Cresenzi stated that the only Board that the Village Board does not have jurisdiction over is the Zoning Board of Appeals. He explained that, while all the other Boards are strictly advisory Boards to the Village Board, the Zoning Board cannot be overruled. RESOLUTIONS 2. SETTING PUBLIC HEARING DATE JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10 LOTS 2B & C, 3A, 5 & 6B On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION SETTING PUBLIC HEARING DATE JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10 LOTS 2B, 2C, 3A, 5B, 6B 4 - 001. ju June 25, 1991 RESOLVED, that a Public Hearing will be held on Tuesday, July 23, 1991 by the Board of Trustees of the Village of Rye Brook at the Village Office located at 90 South Ridge Street, Rye Brook, NY to consider an application received from James F. Faherty for Subdivision Approval of the property located on 760 King Street and also known on the Official Tax Map of the Village of Rye Brook as Section 1, Block 10, Lots 2B, 2C, 3A, 5B, and 6B. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI 3. SETTING PUBLIC HEARING DATE MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A RE: SUBDIVISION APPROVAL On Motion made by Trustee Pellino, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION SETTING PUBLIC HEARING DATE MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A RESOLVED, that a Public Hearing will be held on Tuesday, July 23, 1991 by the Board of Trustees of the Village of Rye Brook at the Village Office located at 90 South Ridge Street, Rye Brook, NY to consider an application received from Michael Esposito for Subdivision Approval of the property located on 11 Beechwood Blvd. and also known on the Official Tax Map of the Village of Rye Brook as Section 1, Block 10, Lot 6A. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI 5 - 00 931 June 25, 1991 4. HUMANE SOCIETY CONTRACT RENEWAL RESOLUTION WESTCHESTER SHORE HUMANE SOCIETY June 1, 1991 - May 31, 1993 RESOLVED, that Mayor Salvatore M. Cresenzi is hereby authorized to execute an Agreement on behalf of the Village of Rye Brook with the Westchester Shore Humane Society for providing animal control services to the Village of Rye Brook for a two-year period of time, commencing June 1, 1991; and be it FURTHER RESOLVED, that pursuant to the terms of said Agreement, the Village shall submit the total sum of $29,000. to the Society; payable in quarterly installments of $3,625. Trustee Pellino questioned a conversation the Board had, regarding entering into an agreement with the Village of Port Chester or the City of Rye to share the services of the Humane Society and have a one day patrol in Rye Brook rather than a two day patrol. He stated that in reading this contract there is nothing in writing stating that the Village has this flexibility to remove themselves prior to May 31, 1993. Trustee Pellino suggested that we incorporate language that will enable the Village to get out of this contract earlier than May 31, 1993. Attorney Beane stated that this would be possible if the Humane Society is agreeable with changing this particular time span to one year or whatever the case may be. Attorney Beane stated that this can be referred back to Administrator Russo, who is handling the ongoing negotiations. Rocco Circosta, Director of Public Works commented and read subdivision ten, paragraph B which refers to a cancellation or determination by the municipality. Mayor Cresenzi stated that this Resolution would be tabled. Mr. Heller stated that the Humane Society only picks up domestic animals. He inquired if there was an animal stuck in a residents home, why they would not remove it. Mr. Heller stressed that we are paying these people quite a bit of money for services and they are rarely seen scanning the Village for animals. He questioned how the Village keeps track of how often they service the Village. Mayor Cresenzi stated that they sign in with the Police Department for a specific period of time. - 6 - 00193®.3 June 25, 1991 5. BOARD, COMMITTEES AND COMMISSIONS APPOINTMENTS On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION ARCHITECTURAL REVIEW BOARD APPOINTMENTS RESOLVED, that Amerigo Liberati of 27 Hillcrest Avenue, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that John Maiello of 20 Country Ridge Drive, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI On Motion made by Trustee Pellino, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION CABLE T.V. COMMISSION APPOINTMENTS RESOLVED, that Pamela Kaplow of 20 Dorchester Drive, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Myron Pollock of 24 Holly Lane, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Julie Eckhert of 17 Ridge Blvd. be hereby appointed for a three-year term of office to expire on the first Monday of April, 1994. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI 7 - 001933 June 25, 1991 On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION CERTIORARI REVIEW BOARD APPOINTMENTS WHEREAS, the Village Board of Trustees are concerned over Tax Assessments which have the single most significant financial impact on our Budget Process; and WHEREAS, the Village Board is desirous to establish a Citizens Board to review and advise the Village Board on this matter; NOW, THEREFORE, BE IT RESOLVED, that a five member Certiorari Review Board be hereby established to review and advise the Village Board on Tax Certiorari matters, which have become the single most detrimental factor regarding our budget process; and be it FURTHER RESOLVED, that this Board shall have a Sunshine Provision which expires 18 months from the date established; and be it FURTHER RESOLVED, that the following residents are hereby appointed: Steve Solomon (Chairman) 21 Pine Ridge Road Paul Feinstein 6 Robbins Roost Maurice Shirken 10 Carlton Lane Donald Gerstenzang 21 Elm Hill Drive Richard Shapiro 120 County Ridge Drive TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI x re ,r x ri w - 8 - t} 1 � June 25, 1991 On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was adopted: RESOLUTION PLANNING BOARD APPOINTMENTS RESOLVED, that Herbert Adler of 90 Valley Terrace, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Scott Yablon of 11 Woodland Drive, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that William Aughaven of 16 Mohegan Lane, be hereby appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Floyd Caplan of 4 Holly Lane, be hereby appointed for a three-year term of office to expire on the first Monday of April, 1994. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI On Motion made by Trustee Daly, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION RECREATION AND PARKS COMMISSION APPOINTMENTS RESOLVED, that Joseph A. Camillo of 30 Berkley Drive, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Penny Randall of 130 North Ridge Street, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it - 9 - 001aJ3J June 25, 1991 FURTHER RESOLVED, that Marcia Rogull of 65 Talcott Road, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI On Motion made by Trustee Pellino, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION TRAFFIC COMMISSION APPOINTMENTS RESOLVED, that Harvey M. Schiller of 26 Meadowlark Road, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Steven Baronti of 12 Jean Lane, be hereby appointed to fill the unexpired office of William Aughaven to expire the first Monday of April, 1992. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI 10 _ 00 936, June 25, 1991 On Motion made by Trustee Solomon, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION TREE COMMITTEE APPOINTMENTS RESOLVED, that Anthony Sciandra of 1 Wyman Street, be hereby re-appointed Chairman for a three-year term of office to expire the first Monday of April, 1994. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI On Motion made by Trustee Solomon, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION YOUTH COUNCIL APPOINTMENTS RESOLVED, that Donna Munnick of 13 Wyman Street, be hereby appointed to the Village of Rye Brook Youth Council. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDS' SOLOMON MAYOR SALVATORE M. CRESENZI - 11 - 00193 / June 25, 1991 On Motion made by Trustee Solomon, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION YOUTH COUNCIL APPOINTMENTS RESOLVED, that Donna Munnick of 13 Wyman Street, be hereby appointed to the Village of Rye Brook Youth Council. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI on Motion made by Trustee Pellino, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION ZONING BOARD OF APPEALS APPOINTMENTS RESOLVED, that Jay W. Fidler of 23 Churchill Road, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that John Boyle of 259 Irenhyl Avenue, be hereby re-appointed for a three-year term of office to expire on the first Monday of April, 1994. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI Y YY Yt F W 12 - 00193 June 25, 1991 On Motion made by Trustee Ravich, seconded by Trustee Daly, the following resolution was adopted: RESOLUTION ZONING CODE UPDATE COMMITTEE APPOINTMENTS RESOLVED, that Jane Saffir Smith of 124 North Ridge Street, be hereby appointed Chairman for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Gerald Appelbaum of 1 Country Ridge Drive, be hereby appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Gary Zuckerman of 29 Hillandale Road, be hereby appointed for a three-year term of office to expire on the first Monday of April, 1994; and be it FURTHER RESOLVED, that Daniel Paniccia of 14 Wilton Circle, be hereby appointed for a three-year term of office to expire on the first Monday of April, 1994. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI 7. SETTING DATE FOR JULY AND AUGUST BOARD MEETINGS On Motion made by Trustee Pellino, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION SETTING SUMMER MEETING DATES RESOLVED, that July 23, 1991 and August 20, 1991 at 8:00 p.m. be hereby approved as Summer Meeting Dates for the regular meetings for the Village Board of Trustees. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI - 13 - 000 June 25, 1991 8. FINGERPRINTING FEES RESOLUTION FINGERPRINTING FEE On Motion made by Trustee Ravich, seconded by Trustee Daly, the following resolution was adopted: RESOLVED, that a fee in the amount of $10.00 shall be established, effective immediately, for the non-criminal fingerprinting of individuals at the Rye Brook Police Department; and be it FURTHER RESOLVED, that such fees shall be payable to the Village of Rye Brook and accounted for within the revenue line entitled Police Department Fees. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI Mayor Cresenzi explained that this is for individuals who work for the Security and Exchange Commission or anything in a professional area which would require a fingerprint check. He stated that there is no fee for fingerprinting children. Trustee Solomon stated that perhaps the Board might want to approach the Chief of Police with a higher rate than $10.00. Mayor Cresenzi stated that for now the Resolution should be passed as is and that we could discuss this with the Chief of Police afterwards. 9. REFERRAL TO THE PLANNING BOARD DAG ASSOCIATES BOWMAN AVENUE/BARBER PLACE SECTION 1, BLOCK 23, LOTS 1A6, 1A7 & 1A8 on Motion made by Trustee Pellino, seconded by Trustee Ravich, the following resolution was adopted: RESOLUTION SITE PLAN APPROVAL RESOLVED, that the application of Lukashok for a Zoning change and Site Plan Approval be, and it hereby is referred to the Planning Consultants for the Village of Rye Brook for their review; and be it - 14 - 00104; June 25, 1991 FURTHER RESOLVED, that this matter then be referred to the Planning Board for their review and recommendations; and be it FURTHER RESOLVED, that the applicant deposit with the Village Treasurer the sum of $2,000. for Consultant's fees. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI Trustee Daly questioned whether or not the $2,000. has been paid. Mayor Cresenzi stated that this was discussed before the Planning Board a long time ago and the project was rejected. He added that since this is a new project a new fee is required. 10. REVISING FEES FOR DEPARTMENT OF PUBLIC WORKS On Motion made by Trustee Ravich, seconded by Trustee Daly, the following resolution was adopted: RESOLUTION REVISING FEES FOR THE DEPARTMENT OF PUBLIC WORKS WHEREAS, the present fee schedule in the Public Works Department has not been revised since October, 1987; and WHEREAS, the Director of Public Works has reviewed the present fee schedule and hereby recommends the following changes for approval from the Village of Rye Brook Board of Trustees; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby sets the fee schedule for the attached permits, at the amount established by the Director of Public Works. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI Mr. Circosta stated that as opposed to other municipalities these fees are acceptable. These items should be increased to cover some of the incurred costs and the work that is involved with the permits. - 15 - 0 104 June 25, 1991 Mr. Circosta stated that the other fees municipalities charge are significantly higher than the Village of Rye Brook. Trustee Pellino questioned if the Plumbing area fees are high enough. Mr. Circosta informed the Board that Westchester County is trying to establish a County License for Plumbing. Our present fee is $75 and there are communities which are at $125 and $150. Mr. Circosta explained that he chose $125 because the fees for different types of fixtures were also included. 11. CHECK REGISTER RESOLUTION CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was 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: #2666-2798 Hand Checks: #9841, 9844-9870 Payroll Checks: #4423-4635 HAND CHECKS ARE OUT OF NUMBER ORDER DUE TO FISCAL YEAR ENDING NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI APPROVAL OF MINUTES 12. MAY 21, 1991 On Motion made by Trustee Ravich, seconded by Trustee Pellino, the Minutes of May 21, 1991 were accepted as amended. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI 16 - yly A 4 June 25, 1991 I PUBLIC HEARING 1. ADOPTION OF VILLAGE OF RYE BROOK CODE LOCAL LAW #1 - 1991 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK" Mayor Cresenzi declared the Public Hearing open at 9:15 p.m. Attorney Beane stated that he will just be discussing ordinances that have been changed. In the Peddling and Soliciting chapter, the license fee and the renewal fee of $50.00 have been eliminated and will be listed in an omnibus section that will deal with all fees. Chapter 182 involves Property Damage and has only a minor change. In Section 2 there is a listing of Officials from whom one needs permission to use Village Property. The Village Administrator was added to that list. Chapter 186 is Property Maintenance, there are a few significant changes. Section 2A has been rewritten to reflect situations that various Village Officials have had to deal with. Mr. Heller stated that once these ordinances are put into the book they must be enforced. Section A-2, in other words could cause Rye Brook to look as though it were a desert, as many residents would have to remove various bushes and trees in order to avoid being issued a summons. Attorney Beane explained that this ordinance is being used in many other municipalities. Mr. Heller stated that the County suggests that residents recycle yard materials and use it on their property. The law does not take that into consideration because the law does not state that residents are allowed to compost on their property. Attorney Beane stated that this law takes that subject into consideration, but a resident would not be able to transport materials from another residents property and dump them on his own property to mulch. The Village feels that this law is not vague as it accomplishes the Village purpose. Mayor Cresenzi stated that if the State comes out with a Mandate that says you must compost your garden waste that you generate on your property than that would be considered a reasonable use. 17 - June 25, 1991 001943 Chapter 186, Section 3 refers to dumping on private or public lands. This section has been slightly rewritten to clarify the types of items considered too improper for dumping. Trustee Solomon questioned if this meant that an individual could not pull up in a truck and dump clippings or other garden debris or could not have a composting or mulch site in his/her backyard. Mayor Cresenzi stated that it means one cannot transport debris from one site to another and then dump. Attorney Beane stated that this does not exclude anyone from maintaining leaves, compost or anything that is produced on their own property. Trustee Solomon questioned if it is legal, under this ordinance, for a gardener, who has clippings in his truck to transport it to his own property and add it to his mulch pile. Attorney Beane stated that it is not legal now, nor was it in the past. Mr. Heller explained that over the years he has brought leaves on his property and generated ten to fifteen tons of prime topsoil, which is very valuable material, which was put into one of the most productive gardens in this community. He was working under the laws of nature and God. Mr. Heller stated that this ordinance destroys the concept of nature in itself and the use of natural materials in relation to our environment is not being understood. Mayor Cresenzi stated that a resident cannot bring a load of leaves from another individuals property and start an operation. If the leaves were on the residents property to begin with, that is legal. Attorney Beane stated that the last section of this ordinance has to do with storage of trucks, machineries, boats and trailers. The only change is the addition of boats and trailers. Trustee Daly stated that there are many members of the community that do have boats and are not able to dock their boats anyway. Perhaps there should be a paragraph in the law that these boats should be out of view, covered, etc. Attorney Beane stated that they could make a separate ordinance for boats involving how and where they are stored or enlarge this law to define it. - 18 - 001944 June 25, 1991 Rocco Circosta commented that the Zoning ordinance includes and overrules this ordinance pertaining to boats. Attorney Beane stated that in this law it states it is subject to the Zoning Code. Mr. Heller stated that what this law is saying is that boats or hitches are not allowed in Rye Brook. This could mean trailer hitches as well. He explained that a hitch is an attachment that is on a vehicle which is used to attach both boats and trailers. To properly enforce this law, every vehicle with a hitch would receive a summons. If that is not the intent, then the word "hitch" should be changed. Attorney Beane stated that it will read boat or boat trailer, rather than hitch. In Chapter 192, Rooming, Lodging and Boarding Houses, the penalties were deleted from subdivision B and the penalties were all moved to one section, which is a penalty section. Satellite Earth Station Antennas was amended to incorporate all the fines together in one section. Trustee Solomon questioned if technology were to make these large satellite dishes obsolete, would this be kept on the books anyway. Attorney Beane explained that this ordinance was written to be low key in terms of the regulations. This is much more general than ordinances in other municipalities. Mr. Heller stated that there are high rise antennas in the area which cause bad reception in the area. Attorney Beane stated that if there is real interference, a community does have the right to protect the health and welfare of it's citizens. Mayor Cresenzi stated that to possess an amateur radio, a permit would have to be obtained and a fee would have to be paid. Attorney Beane stated that the fee was eliminated and will be included in a single fee section as $100. Trustee Solomon stated that there is not an overabundance of reception complaints. Trustee Ravich explained that when there is TV interference from Amateur Radio it is generally the problem of the receiving unit. The TV may not be built to the correct specifications so it is not the transmitting. 19 - 001940 June 25, 1991 The Public Hearing was closed at 10:00 p.m. and will be adjourned at the meeting of July 23, 1991. ITEMS FOR JULY BOARD MEETING PUBLIC HEARINGS 1. CONTINUATION OF CODIFICATION PROCESS 2. JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10 LOTS 2 B & C, 3A & 5 & 6B 3. MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A RESOLUTIONS 4. AWARDING ROAD RESURFACING CONTRACT Trustee Solomon inquired if any of the Trustees were going to be involved in the parade of July 3, 1991. Mayor Cresenzi instructed Lori Ann DeMarco, Assistant to the Village Administrator to look into the extent to which the Village of Rye brook will be involved in this special event and recommended that she contact him with the particulars. ADJOURNMENT ` On Motion made by Trustee Solomon, seconded by Trustee Ravich, the Meeting was adjourned into Executive Session at 10:05. TRUSTEE MICHELE DALY TRUSTEE JOSEPH PELLINO TRUSTEE ROBERT RAVICH TRUSTEE RANDY SOLOMON MAYOR SALVATORE M. CRESENZI Respectfully submitted, Eli eth Czaj oYski Secretary to the Village Board - 20 -