Loading...
HomeMy WebLinkAbout1991-07-23 - Board of Trustees Meeting Minutesi AGENDA VILLAGE OF RYE BROOK REGULAR MEETING JULY 23, 1991 8:00 P.M. PLEDGE OF ALLEGIANCE AGENDA PUBLIC HEARINGS 1. JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10 LOTS 2B & C, 3A, 5 & 6B 2. MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A 3. ADOPTION OF VILLAGE OF RYE BROOK CODE LOCALLAW #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 4. AWARDING CONTRACT #9102 ROAD RESURFACING 5. HUMANE SOCIETY CONTRACT RENEWAL 6. TAX SETTLEMENT PHILIP MORRIS CORPORATION 600 WESTCHESTER AVENUE 7. ANGLICAN CHURCH OF THE ADVENT COMLY AVENUE SECTION 1, BLOCK 8, LOT 4 B-Z REFERRAL TO THE PLANNING BOARD 8. N.Y. AMERICAN WATER COMPANY SECOND STAGE RATE INCREASE REQUEST 9. APPOINTMENT OF POLICE OFFICER 10. REORGANIZATION AND PROMOTIONS REGARDING RYE BROOK POLICE DEPARTMENT 11. APPROVAL OF LITIGATION EXPENSES HIGH POINT HOSPITAL 12. COMPLETION OF WESTCHESTER COUNTY RECYCLING LOAN/GRANT PROGRAM. 13. RECREATION PROGRAM FEE INCREASES 14. SETTING PUBLIC HEARING DATE FOR MODIFICATION TO SITE PLAN APPROVAL OF BROOK II VENTURES, INC. 15. SETTING PUBLIC HEARING DATE ON THE DEDICATION OF LONGLEDGE DRIVE AND PARK RIDGE COURT 16. APPOINTMENT TO THE PLANNING BOARD 17. CHECK REGISTER WRITTEN COMMUNICATIONS 18. VETERANS CENTRAL COMMITTEE TOWN OF RYE/RYE BROOK/PORT CHESTER BERNARD ABEL, LT. COL, USAF (RET) RE: REQUEST FOR FUNDING ASSISTANCE 19. WESTCHESTER COUNTY DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT LAWRENCE C. SALLEY, DEPUTY COMMISSIONER RE: COMMUNITY DEVELOPMENT BLOCK GRANT AWARD ANTHONY J. POSILLIPO CENTER APPROVAL OF MINUTES 20. MAY 28, 1991 21. JUNE 11, 1991 22. JUNE 28, 1991 NEXT MEETING DATE AUGUST 20, 1991 - REGULAR MEETING - 8:00 P.M. 001946 MINUTES OF A REGULAR MEETING BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JULY 23, 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 R. Daly Trustee Joseph Pellino Trustee Robert J. Ravich Trustee Randy Solomon Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't. to Village Administrator Rocco V. Circosta, Director of Public Works Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer Elizabeth Czajkowski, Secretary to the Village Board - 1 - 0019 ¢? July 23, 1991 Mayor Cresenzi called the meeting to order at 8:05 p.m. and explained that certain items on the Agenda would be discussed out of order. 1. REORGANIZATION AND PROMOTIONS REGARDING RYE BROOK POLICE DEPARTMENT on Motion made by Trustee Ravich, seconded by Trustee Daly, the following Resolution was adopted: RESOLUTION POLICE DEPARTMENT REORGANIZATIONAL RESOLUTION WHEREAS, the Village Board of Trustees has been desirous to reorganize the Rye Brook Police Department for several years in order to meet the changing needs of the community with regard to public safety, and WHEREAS, a complete management study of the Police Department was authorized and completed in 1988, and WHEREAS, such study recommended various changes in the organizational structure of the Police Department, such recommendations include, but are not limited to the creation of the position of Lieutenant, and the establishment of a Police "Squad System." Such Squad system is known to be the most progressive method of delivering effective and efficient law enforcement in small communities, and WHEREAS, at the direction of the Village Board of Trustees, the Village Administrator and Chief of Police have been working for several months to create an implementation plan in order to create such a structure, and WHEREAS, the Village Board has had various deliberations with the administration regarding the personnel restructuring and it is acknowledged that such reorganization is a necessary expenditure for the proper development of the Police Department and for the safety and well-being of the citizens of Rye Brook, such reorganization will have a budget impact above current levels of appropriation for 1991-92 (and will be fully funded in the proposed 1992-93 fiscal year) NOW, THEREFORE, BE IT RESOLVED, that the management/confidential position of Rye Brook Police Lieutenant be hereby created and be it FURTHER RESOLVED, that steps be taken to implement a Squad System and that the position of Sergeant be hereby created to head the investigation section and act as relief/backup for the Special Squad Unit Sergeant, and be it 2 - 0101946 July 23, 1991 FURTHER RESOLVED, that Robert Santoro of 10 Valley Terrace, Rye Brook be hereby promoted to the position of Lieutenant at a salary 10% above Sergeant's rate, with a probationary period of twenty-six weeks, in accordance with the Civil Service Law, and be it FURTHER RESOLVED, that Police Officer Mark Bottali be hereby promoted to the position of Sergeant, with a probationary period of twenty-six weeks, and be it FURTHER RESOLVED, that Police Officer Joseph Ciccone be hereby promoted to the position of Sergeant, with a probationary period of twenty-six weeks, and be it FURTHER RESOLVED, that Police Officer Peter Ramundo be hereby promoted to the position of Sergeant, with a probationary period of twenty-six weeks, and be it FURTHER RESOLVED, that Sergeant John Beltramello be hereby designated Temporary Lieutenant, in accordance with Civil Service Law, to assume the duties of Lieutenant as outlined in the attached job description, since Robert Santoro has been appointed Provisional Chief of Police, and be it FURTHER RESOLVED, that all appointments shall be effective August 6, 1991. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE JOB DESCRIPTION POLICE LIEUTENANT VILLAGE OF RYE BROOK 1) General Statement of Duties: Direct the operations of the Village of Rye Brook Police Department, and do related work as may be required. The Lieutenant is responsible to his immediate supervisor, the Chief of Police who is responsible to the Board of Trustees. 2) Distinguishing Features of the Class: A. According to established procedures and policies, and under the general supervision of the Police Chief, the Lieutenant shall supervise the operation of the Police Department. - 3 - 00194j July 23, 1991 B. Assume the duties of the Police Chief when directed in writing by the Chief of Police. C. As directed by the Police Chief, command staff activities, i.e. , training, community affairs, records. D. As directed by the Chief of Police, assist in the evaluation of work performance and training of subordinate police and auxiliary police personnel. E. The Lieutenant's hours of duty shall primarily be 9:00 a.m. to 5:00 p.m. , regular Village Business hours. However, he/she may be called in for duty during off hours in case of special needs. The position shall be a salaried, managerial/confidential classification. 3) Examples of Work: A. Work to maintain harmonious relationships with all patrol shifts and other agencies both within and outside of the Village of Rye Brook. B. Shall promptly transmit all orders of the Police Chief, assuring uniform interpretation and full compliance. C. Shall assist the Chief of Police in establishing assignments necessary to carry out the functions of the Department in an economical way which is in the best interest of the Village of Rye Brook. D. Shall examine time and activity reports to insure proper development and control of department personnel. E. Insure the proper and economical use of departmental property and equipment. F. Shall systematically investigate all cases of apparent or alleged misconduct by department personnel, and report all findings to the Police Chief. G. Approve or disapprove day off requests. H. As may be required, represents the Police Department at various meetings and conferences, and act as liaison with the Village's labor attorney regarding contract negotiations and other matters as necessary. I. Assist the Chief in planning of community events and supervising same. 4 - 001 5(1 July 23, 1991 4) Required Knowledge Skills, and Abilities: Considerable knowledge of police organization, administration and operations, including specifically the principles and techniques of planning, budgeting, organizing and supervising police patrol, crime prevention, crime detection, criminal investigation, police records management, communications, traffic control and training activities; thorough knowledge of all applicable laws governing police work; ability to lead and direct subordinate officers and civilians; ability to deal courteously but firmly with the public; good judgement and powers of observation; good physical condition to perform the duties of the position. 5) Minimum Acceptable Training and Experience: A. Satisfactorily completed not less than one (1) year of service as a permanent Sergeant in the Rye Brook Police Department. B. Be certified as a candidate on a current Westchester County eligibility list for Police Lieutenant, Village of Rye Brook. 6) Salary and Benefits: To be determined by the Board of Trustees if not included in the collective bargaining agreement. Mayor Cresenzi stated that the reorganization of the Police Department has been discussed and studied for over two years. He stated that this will be a positive change and welcomed all the gentlemen as supervisory officers. Each member of the Board welcomed Officer Bottali, Officer Ciccone, Detective Ramundo and Sergeant Beltramello into their newly designated positions and agreed that each were deserving of their appointments. Trustee Daly stated that Administrator Russo has advised her that the swearing in ceremony will take place on August 2, 1991 at 5:30 p.m. Mayor Cresenzi introduced County Legislature Marty Rogowsky, who mentioned a few brief comments. He explained that a new sewer ordinance is proposed, which will cause municipalities to be fined from $1,000 to $25,000 a day by the County if sewers are not maintained properly. He stated that many sewers in Westchester County have been leaking. The municipalities will be receiving a report when the study is complete as to where the leaks are located. Mr. Rogowsky added that this law will most definitely be passed. Another issue that the Board of Legislatures voted on yesterday was the County Sales Tax. As of October 15, 1991 the sales tax in Rye Brook will be 6.75% as it will throughout all Towns, Villages and Cities in Westchester County. As of now, Rye Brook will receive an estimated $525,000 annually. - 5 - July 23, 1991 It will be a one percent rise in the sales tax and Rye Brook will receive half of a percent, the County will receive a third of a percent and the school districts will receive one sixth of a percent. The Legislative vote was 11 to 6 and Mr. Rogowsky voted against increasing the sales tax, not to deny Rye Brook the half a million dollars, but he objects to the fact that Westchester County is taking the sales tax for our County budget. He suggested that when the Village of Rye Brook prepares it's budget, not to plug the $525,000 in as it will only be for three years. The first payment will be at the end of the year, and suggested the Village try and give the money back to the taxpayers. PUBLIC HEARINGS 2. JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10 LOTS 2B & C, 3A, 5 & 6B Mayor Cresenzi opened up the Public Hearing at 8:17 p.m. Mr. Bruno Gioffre, attorney to Mr. Faherty explained that the property in question has been subject to modifications by the Village of Rye Brook's consultants and also the Planning Board. He explained that the property consists of seven acres, with 151 ft. on King Street, in an R-15 zone and to the rear is zoned R-20 so that the two lots of which there are three in total are in the R-15 zone which requires a minimum lot size of 15,000 square feet. It also requires side yards of one having 15 feet in dimension and two having 40. Two of the lots front on King Street but do not access from King Street for the purpose of safety. This maximizes the existing curb cut, although it will require an extension to accommodate the roadway. It accesses Comly so that site lines are maximized. Parcel number three is the rear parcel which comprises 81,369 sq. ft. The comments of the planners were accommodated in every respect. Access to the private roadway, driveways coming in from that site, maximize the so called side yards so that maximum distance from the adjacent parcels was accommodated. There was a reversal to be 25 ft. adjacent to the Holden property and 15 ft. adjacent to the open space. The same thing was done with the Russo property having maximized the distance. A wider roadway was also provided as per a suggestion from the planners. The proposal meets the requirements of the code, does not require a variance, and the lines were changed from being on an angle to being perpendicular to the street. Trustee Daly questioned who would own the driveway if the two front lots were closed off from the back. Mr. Gioffre explained that the major parcel would own the driveway and an easement will be required to be approved by the Village Attorney. - 6 - 00 1 5 July 23, 1991 Trustee Pellino questioned if vehicles could pass each other at 20 feet for a roadway. He also questioned whether or not the structure will remain on lot #3. The structure presently there will remain. Mr. Gioffre stated that it is wider at the mouth and narrower at the access coming in, which is sufficient. The structure presently there will remain. Ilene Kiyak of 745 King Street stated that the Village should add a traffic light at that corner, as there are too many minor accidents. Mayor Cresenzi stated that King Street is a State Road and a light was looked into a while back but some criteria had to be met which was unsuccessful. William Aughaven, newly appointed member of the Planning Board, stated that in case of a future subdivision, homeowners in the area should be notified, and this should be written into the Approval Resolution. Mr. Gioffre stated that he was prepared to accept that. Bernie Abel of Edgewood Drive questioned if the property was sewered and how it would be serviced. Mr. Gioffre stated that it was sewered. He explained that there are two ways to get in and out of the site, residents would drive out on King Street and also come in from the access road and the driveway is on the inside. Instead of three curb cuts there will only be one. There being no further discussion, On Motion made by Trustee Solomon, seconded by Trustee Pellino the Public Hearing was closed at 8:34 p.m. subject to an approval resolution. Attorney Beane stated that there will be two separate Resolutions to be approved at the August meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE 3. MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A Mayor Cresenzi opened the Public Hearing at 8:36 p.m. Mr. Bruno Gioffre attorney for Mr. Esposito stated that the property was located in an R-20 district and is a proposal for subdivision of an existing parcel. Michael and Donna Esposito, who have purchased this property have already done extensive work at the premises. - 7 - i July 23, 1991 0 0 19 5 1J The configuration of the lot and the requirement of technical adherence to the Code requirements are the only item in question. Initially the Planning Commission considered this conventional subdivision which had part of the parcel behind the major house, however a secondary and more sensible recommendation from the Planning Board was to go from the L-shaped parcel to a more rectangular site which is the parcel consisting of 31,127 sq. ft. The design provides a sense of rational and permits access and use of the existing driveway and the existing garage for the new parcel. It also provides an 80 foot setback from the street, maximizes distances from the sideyards and permits the development of the parcel with a house that fits into the general feel of the neighborhood. The parcel meets all the code requirements and is being proposed on a clustering concept, which the Planning Commission felt would make much more sense thereby initially preserving the rear yard of the existing parcel. The Planners questioned setting the house back a little further, however it was concluded that the alignment made a lot more sense this way as moving this house would jeopardize both a Japanese Maple and a large pine tree and would have taken away these specimens from the site. The existing driveway, which is semicircular from the existing house, will be closed off and there will be a hammerhead turn around on the existing parcel. Mr. Gioffre stated that he was seeking approval of this subdivision and site plan and offered to answer any questions that there might be. Trustee Pellino stated that in the photograph the utility pole was located adjacent to the driveway and questioned whether or not it would be relocated. Mr. Gioffre replied that it was proposed to be relocated, but it will be a very extensive job as there are many heavy poles that need to be relocated in the area. Trustee Pellino also questioned the existing garage structure that is on the rear of the property. Is it contemplated that another garage structure will be put on the other property. Mr. Gioffre stated that there will not be another garage added on as of now but if so in the future, a building permit would be required. Trustee Solomon questioned if they considered running the wires underground. Mr. Gioffre stated that the service is overhead and they could not underground only one wire. Beechwood Boulevard is one of the only streets in Rye Brook that does not have street lights. Administrator Russo stated that if they were to run the wires underground, the assessment on the properties would be very unreasonable. - 8 - 001954 July 23, 1991 There being no further discussion, On Motion made by Trustee Ravich, seconded by Trustee Daly the Public Hearing was closed at 8:50 p.m. subject to an approval resolution to be read at the August meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE 4. 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 recommended that the Public Hearing regarding the Adoption of the Village Code be held until the August Board meeting as the Agenda for this evenings meeting is very lengthy. Therefore on motion made by Trustee Ravich, seconded by Trustee Daly, the Public Hearing was adjourned until Tuesday, August 20, 1991. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 5. AWARDING CONTRACT #9102 ROAD RESURFACING On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION AWARDING OF CONTRACT # 9102 LINCOLN AVENUE RECONSTRUCTION WHEREAS, proposals for the reconstruction of Lincoln Avenue and known as Contract # 9102 were obtained by six (6) vendors; and WHEREAS, on Thursday, July 18, 1991, four bids were received and publicly opened and read; and WHEREAS, thereafter the bid documents were reviewed by the Director of Public Works; 9 -