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HomeMy WebLinkAbout1991-08-20 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK REGULAR MEETING AUGUST 20, 1991 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1. BROOK II VENTURES, INC. MODIFICATION TO SITE PLAN APPROVAL DEDICATION OF ROADS SECTION 1, BLOCK 5, LOTS 19F, 19E02A, 1901 AND 19E3 2. ADOPTION OF VILLAGE OF RYE BROOK CODE PROPOSED LOCAL LAW #1 - 1991 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK". RESOLUTIONS 3. AWARDING CONTRACT #9103 FURNISHING & DELIVERING OF FIREARMS 4. AWARDING CONTRACT #9104 FURNISHING, PRINTING & DELIVERING - T-SHIRTS AND OTHER SPORTSWEAR 5. APPOINTING POLICE OFFICER 6. APPROVING SIGNAGE AT KING STREET VICINITY OF BLIND BROOK HIGH SCHOOL 7. IMPLEMENTING PLANNING BOARD AND ZONING BOARD TRAINING REQUIREMENTS S. JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10, LOTS 2B & C, 3A, 5 & 6B APPROVAL OF SUBDIVISION 9. MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A APPROVAL OF SUBDIVISION 10. CHECK REGISTER APPROVAL OF MINUTES 11. JULY 23, 1991 12. AUGUST 14, 1991 13. PERSONNEL MATTERS RECYCLE! RECYCLE! RECYCLE! RECYCLE! RECYCLE! RECYCLE! RECYCLE! RECYCLE! MINUTES OF A REGULAR MEETING 001974 BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK AUGUST 20, 1991 CONVENE MEETING The Meeting of the Board of Trustees of the Village of Rye Brook 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 Joseph Pellino Trustee Robert J. Ravich Trustee Randy A. Solomon Trustee Daly was not in attendance at this Meeting. 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 Elizabeth Czajkowski, Secretary to the Village Board Village Treasurer, Joseph Cortese was not in attendance at this Meeting. - 1 - 001975 li August 20, 1991 I Mayor Cresenzi called the meeting to order at 8:05 p.m. and explained that Agenda items would be discussed out of order. 1. APPOINTING POLICE OFFICER Administrator Russo explained that Mr. Mancini is a transfer from the Mt. Vernon Police Department and has a year and a half of experience including full academy training. Mayor Cresenzi welcomed Mr. Mancini to this new position and wished him well. On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED, that Robert Mancini, of 82 Gavin Avenue, Yonkers, New York, be hereby appointed to the probationary position of Police Officer, 5th Grade, with the Rye Brook Police Department; and be it FURTHER RESOLVED, that the probationary period for the position shall be 6 months effective on the commencement date of August 26, 1991. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT 2. AWARDING CONTRACT #9103 FURNISHING & DELIVERING OF FIREARMS Trustee Ravich questioned how long the furnishing of weapons would take and whether or not they had these firearms in stock. He also stated that after the new weapons are provided, our old weapons will be given in trade. Administrator Russo replied that it would take from thirty to sixty days and that this was a fairly small order for Amchar. Trustee Pellino questioned if this met all of the requirements that the Police Chief felt were necessary to fulfill. Administrator Russo replied that the Police Chief was satisfied. One other item which is not listed, because it did not require bidding, is ammunition for training and certification of Police staff, leather holsters and two new shotguns to replace two antiquated ones. 2 - i41 ,9 7 August 20, 1991 Trustee Solomon questioned how long these firearms would be maintained. Mayor Cresenzi stated that the firearms the Police currently are using have been around for quite some time. The average life expectancy is twelve to fifteen thousand rounds, which is a long time. On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION AWARDING CONTRACT #9103 FURNISHING & DELIVERING OF FIREARMS WHEREAS, Bid specifications were sent out 4 vendors for the Furnishing & Delivering of 9 mm weapons; and WHEREAS, three bids were received and publicly opened on August 7, 1991; and WHEREAS, the bids received were reviewed and analyzed by the Village Administrator, Chief of Police, and Firearm Instructor; and WHEREAS, the lowest bid price submitted by Standard Law Enforcement Supply Co. did not meet bid specifications with regard to three items as follows: A. Slide removal for field stripping B. Magazine Capacity C. Firing ability without magazine NOW, THEREFORE, BE IT RESOLVED, that Amchar Wholesale, Inc. of Rochester, N.Y. be hereby awarded Contract #9103 at a total bid price with trade-ins of $11,718; and be it FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute an agreement with Amchar Wholesale. Inc. in connection with contract #9103. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT - 3 - 00197i August 20, 1991 4. AWARDING CONTRACT #9104 FURNISHING, PRINTING & DELIVERING T-SHIRTS AND OTHER SPORTSWEAR On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION AWARDING OF CONTRACT #9104 T-SHIRTS AND SPORTSWEAR WHEREAS, proposals for the furnishing, printing and delivery of T-shirts and Sportswear, as set forth in the specifications were mailed to seven (7) vendors; and WHEREAS, the items in the bid proposals consisted of individual unit price bids; and WHEREAS, on Wednesday, August 14, 1991 the three bids received were publicly opened and read, and thereafter reviewed by the Superintendent of Recreation and Parks; NOW, THEREFORE, BE IT RESOLVED, that Kenmar, Inc. 1578 White Plains Road, Bronx, N.Y. is hereby awarded items # 2B, 13, 14, 15A, 15B; FURTHER RESOLVED, that Sports Cellar of 117 North Main Street, Port Chester, N.Y. is hereby awarded items # la, 2a, 3a, 4a, lb, 3b, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12; FURTHER RESOLVED, that the Village Administrator is hereby authorized to execute all agreements in connection to contract #9104 for the purchase of said items. Trustee Pellino stated that this resolution was difficult to understand because it lacks sufficient and complete background material. He stated that the chart attached merely reflected quantities and that a brief description of the items was not supplied. In the future, items should be described more precisely so the Board will be able to respond appropriately. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON ABSTAINED MAYOR CRESENZI AYE TRUSTEE DALY ABSENT 4 - 0019°78 August 20, 1991 6. APPROVING SIGNAGE AT KING STREET VICINITY OF BLIND BROOK HIGH SCHOOL Mayor Cresenzi explained that there has been an ongoing problem concerning traffic in the vicinity of Blind Brook High School on King Street. There has been correspondence from the Chief of Police, and the issues were reviewed by the Traffic Commission. The Mayor suggested that the Village Board sit down with members of the School Board and explore alternatives highlighted in the memo from the Traffic Commission. Where traffic from Glenville Road spills onto King Street, currently a right on red is permitted. This greatly complicates the traffic pattern on King Street making it more difficult to get in and out of the High School and the Arbors. Mayor Cresenzi suggested that the Board vote to install a "No Turn On Red" sign from Glenville Road onto King Street. On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION SIGNAGE AT KING STREET/GLENVILLE ROAD RESOLVED, that the Village of Rye Brook shall enact a "No Right On Red" sign on Glenville Road at the intersection with King Street effective 7:30 a.m. to 4:00 p.m. Monday through Friday; and be it FURTHER RESOLVED, that said sign be suspended alongside the traffic light on the guidewire. Trustee Pellino stated that the Traffic Commission Minutes state that the sign would be placed alongside the light, which will be suspended from the guidewire. He suggested that the Board look into whether the traffic light was located in New York or Connecticut. Administrator Russo stated that he would have to look into that. The intersection, however is in New York. Trustee Pellino also stated that the Board should specify a time period for the No Right Turn, as the problem really only occurs in the morning. He suggested 7:30 A.M. to 9:30 P.M. He stated that rather than inconvenience the public for the entire day the morning rush is what should be concentrated on. Trustee Solomon agreed with Trustee Pellino but stated that 7:00 A.M. rather than 7:30 A.M. might be better, as he has also experienced the traffic of the early morning rush hour. 5 00197i August 20, 1991 Administrator Russo stated that a "No Right on Red" is a real burden for motorists and suggested that this sign be in effect from 7:30 a.m. to 4:00 p.m. weekdays only. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT 7. IMPLEMENTING PLANNING BOARD AND ZONING BOARD TRAINING REQUIREMENTS Trustee Pellino stated that he discussed this matter with the Chairman of the Planning Board, Gene Strum, who has asked for a one month delay before the Board takes action on this resolution. Mr. Strum wished to discuss this resolution with the members of the Planning Board. Both the Zoning and Planning Boards are very important Boards, and the members should attend seminars and conferences so that they may be properly trained in the complexities of issues that come before them. Mayor Cresenzi stated that this was understandable and the Resolution would be tabled and put on next months agenda. Trustee Pellino added that as a member of the Planning Board in the past, he voluntarily attended seminars and he believes that there is a movement in the State to make this mandatory at some point in the future. 8. JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10, LOTS 2B & C, 3A, 5B & 6B APPROVAL OF SUBDIVISION Attorney Beane stated that this approval resolution includes the following special provisions: There is a specific provision that requires that the deed for each of the lots that have been created by this subdivision include a restriction stating that the roadway is subject to relocation or reconfiguration in the event that future subdivision or development of this property or adjoining properties should occur. This restriction shall run with the land and there is a companion requirement that the copy of the deed for each lot be submitted to the Village Attorney for approval prior to the conveyance of any lot to a third party. In areas where there is a potential for future subdivision there have been public concerns expressed so this restriction will appear in the deed. The recreation donation fee was computed to be $21,490.00. - 6 - August 20, 1991 Prior to the signing of the subdivision map, there is a provision that requires the applicant to grant an irrevocable easement in favor of the unapproved front lots for ingress and egress, including boats, and bicycles in pedestrian traffic. The subdivision plat will have a designation stating that it is subject to all of the requirements and . conditions of the final subdivision approval resolution dated August 20, 1991, making it clear to anyone purchasing these lots that they are bound by resolution as well as plat. Furthermore, each proposed purchaser will receive a copy of this resolution. The period of time by which the subdivision map must be filed is six months and the period of time by which the subdivided lots must be built upon is twelve months, but the Board agreed to change twelve months to twenty four months, so as some construction must be started. Attorney Beane presented the Negative Declaration to the Board for Approval. On Motion made by Trustee Pellino, seconded by Trustee Ravich, the Negative Declaration was accepted. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION JAMES F. FAHERTY 760 KING STREET SECTION 1, BLOCK 10, LOTS 2B, 2C, 3A 5B AND 6B APPROVAL OF SUBDIVISION WHEREAS, the Board of Trustees reviewed an application for Mr. James F. Faherty for Subdivision Approval on property consisting of approximately 2.570 acres and located at 760 King Street in the Village of Rye Brook; said premises is known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 10, Lots 2B & C, 3A 5 and 6B; and WHEREAS, the subject property is located within the Village of Rye Brook; and WHEREAS, the Board of Trustees referred this application to the Planning Board on March 26, 1991; and WHEREAS, said application was reviewed by the Planning Board on April 11, 1991; and - 7 - 001. 081 August 20, 1991 WHEREAS, the Planning Board requested and received reports from and consulted with the Village Engineer and Village Planners; and WHEREAS, the Planning Board studied the ingress and egress of the project for efficiency and safety; and WHEREAS, it was determined that the plan, as revised and submitted to the Board of Trustees would be appropriate for consideration of Subdivision Approval; and WHEREAS, a Public Hearing was held on the proposed Subdivision by the Board of Trustees on July 23, 1991; and WHEREAS, the Village Board, acting in it's capacity as Lead Agency under SEQRA, makes a finding and determination that the proposed Subdivision did not have a significant impact on the environment under SEQRA and adopted and incorporated this finding and determination in the Resolution as part of the Subdivision Approval; NOW, THEREFORE, BE IT RESOLVED, that Subdivision Approval is hereby granted to James F. Faherty for the premises located at 760 King Street subject to the requirements and regulations of the Village of Rye Brook and the terms and conditions as set forth in this Resolution and the notes and legends therein contained on said Subdivision Map; and be it FURTHER RESOLVED, that the Mayor is hereby empowered to sign said Subdivision Map subject to and only in the event that the applicant obtains all the necessary approvals from the Westchester County Department of Health and any other agency or governmental body having jurisdiction, including approval by the Village's consultants on drainage, landscaping and tree preservation; and be it FURTHER RESOLVED, that the applicant shall pay to the Village of Rye Brook the sum of $21,490 as a donation to the Village Recreational Trust Fund to help meet the additional recreational needs of the Village. Said payment shall be made prior to the signing of the Subdivision Plat 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 this payment in any Federal or State Court or administrative body in this or any other jurisdiction; and be it FURTHER RESOLVED, that the deed for each of the lots created by the subdivision shall include the following restriction. The roadway (street) shown on the Subdivision Map of this subdivision is subject to reconfiguration, relocation, or removal in the event of future subdivision or development of this property or the adjoining properties located within this subdivision. This restriction shall run with the land. - 8 - ()nl 9 ¢' August 20, 1991 A copy of the deed for each lot shall be submitted to the Village Attorney for his or her approval to assure compliance with the above requirement prior to the conveyance of said lot to a third party; and be it FURTHER RESOLVED, that prior to the signing of the Subdivision Map by the Mayor, the applicant shall grant an irrevocable easement in favor of the unimproved front lots (Lots 1 and 2) for ingress and egress of vehicular (including boats and bicycles) and pedestrian traffic over the portion of the driveway on the improved Lot (Lot 3) from the street to the driveway of Lots 1 and 2. This easement shall be in a form, approved by the Village Attorney, shall include a metes and bounds description of the easement area, and shall be in recordable form. Said easement shall be recorded prior to the signing of the Subdivision Approval. FURTHER RESOLVED, that the Subdivision Plat shall include thereon, the following designation and legend: This Subdivision Plat shall be subject to all requirements and conditions of the Final Subdivision Approval Resolution of the Village of Rye Brook, dated August 20, 1991; and be it FURTHER RESOLVED, that the applicant, his heirs, successors or assigns shall be obligated to provide a copy of this Final Subdivision Approval Resolution to every purchaser of a lot in this Subdivision prior to the transfer of title of said lot to the purchaser; and be it FURTHER RESOLVED, that this Resolution of Final Subdivision Approval shall lapse if the Final Plat has not been filed in the office of the Westchester County Clerk within six (6) months after the date of this Resolution and construction has not been commenced within twenty-four (24) months after the date of this Resolution except that the applicant shall have the right to apply for an extension of these time periods for good cause shown; and it is FURTHER RESOLVED, that this Resolution shall be binding on the applicant, his heirs, successors and assigns and upon the Village of Rye Brook, it's heirs, successors and assigns. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT Bruno Gioffre, attorney to Mr. Faherty had a few minor changes that Attorney Beane and the Village Board felt were reasonable. Mr. Gioffre suggested that this Resolution give the applicant the right to reapply or apply for an extension. - 9 - 0019803 August 20, 1991 Attorney Beane stated that every applicant has a right to an extension, and if this Board would act unreasonably, there is judicial recourse. Mayor Cresenzi stated that there was no problem adding language to permit the applicant to apply for an extension. Mr. Heller of Lincoln Avenue questioned if the approval resolution mentioned the tree preservation ordinance to prevent any unnecessary trees from being taken down. Attorney Beane replied that this need not be mentioned in the approval resolution as the ordinance applies to every piece of property in the Village whether it is being subdivided or not. 9. MICHAEL ESPOSITO 11 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 6A APPROVAL OF SUBDIVISION Attorney Beane explained that this resolution contained many of the same provisions of the prior subdivision resolution. It does not have a specific deed resolution with respect to future subdivision because of the configuration of the property, and there will be no future subdivision of this parcel. The donation to the Village Recreation Trust Fund is $14,887 which was computed in accordance with our subdivision requirements. Any perspective purchaser of the lot must be given a copy of this resolution prior to the conveyance of title. On Motion made by Trustee Pellino, seconded by Trustee Ravich, the following Resolution was adopted: RESOLUTION MICHAEL ESPOSITO 11 BEECHWOOD BOULEVARD SECTION 1, BLOCK 10, LOTS 6A APPROVAL OF SUBDIVISION & SITE PLAN WHEREAS, the Board of Trustees reviewed an application from Michael Esposito for Subdivision Approval on property consisting of approximately 1.88 acres and located at 11 Beechwood Boulevard in the Village of Rye Brook; said premises is known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 10, Lot 6A; and WHEREAS, the subject property is located within the Village of Rye Brook; and WHEREAS, the Board of Trustees referred this application to the Planning Board on March 26, 1991; and - 10 - 00198 August 20, 1991 WHEREAS, said application was reviewed by the Planning Board on April 11, 1991; and WHEREAS, the Planning Board requested and received reports from and consulted with the Village Engineer and Village Planners; and WHEREAS, the Planning Board studied the lot configuration and the placement of the new dwelling; and WHEREAS, the applicant has requested that the Village Board review this plan under it's Cluster Provision; WHEREAS, it was determined that the plan, as revised and submitted to the Board of Trustees would be appropriate for consideration of Subdivision and Site Plan Approval; and WHEREAS, a Public Hearing was held on the proposed Subdivision by the Board of Trustees on July 23, 1991; and WHEREAS, the Village Board, acting in its capacity as Lead Agency under SEQRA, makes a finding and determination that the proposed Subdivision did not have a significant impact on the environment under SEQRA and adopted and incorporated this finding and determination in the Resolution as part of the Subdivision Approval; NOW, THEREFORE, BE IT RESOLVED, that Subdivision and Site Plan Approval is hereby granted to Michael Esposito for the premises located at 11 Beechwood Boulevard subject to the requirements and regulations of the Village of Rye Brook and the terms and conditions as set forth in this Resolution and the notes and legends therein contained on said Subdivision Map; and be it FURTHER RESOLVED, that the Mayor is hereby empowered to sign said Subdivision Map subject to, and only in the event that the applicant obtains all the necessary approvals from the Westchester County Department of Health and any other agency or governmental body having jurisdiction, including approval by the Village's Consultants on drainage, landscaping and tree preservation; and be it FURTHER RESOLVED, that the applicant shall pay to the Village of Rye Brook the sum of $14,887 as a donation to the Village Recreational Trust Fund to help meet the additional recreational needs of the Village. Said payment shall be made prior to the signing of the Subdivision Plat 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 this payment in any Federal or State Court or administrative body in this or any other jurisdiction; and be it - 11 - 0019€3 August 20, 1991 FURTHER RESOLVED, that the applicant shall pay an engineering inspection fee as fixed by the Village Engineer in accordance with the Subdivision Law. The applicant will also obtain a Bond or Irrevocable Letter of Credit in a sum to be fixed by the Village Engineer and in a form acceptable to the Village Attorney for the faithful performance of the construction and installation of the utilities and other public improvements; and be it FURTHER RESOLVED, that the Subdivision and Site Plan Plat shall include thereon, the following designation and legend: This Subdivision and Site Plan Plat shall be subject to all requirements and conditions of the Final Subdivision Approval Resolution of the Village of Rye Brook, dated August 20, 1991; and be it FURTHER RESOLVED, that the applicant, his heirs, successors or assigns shall be obligated to provide a copy of this Final Subdivision Approval Resolution to every purchaser of a lot in this Subdivision prior to the transfer of title of said lot to the purchaser; and be it FURTHER RESOLVED, that this Resolution of Final Subdivision approval shall lapse if the final Plat has not been filed in the office of the Westchester County Clerk within six (6) months after the date of this Resolution and construction has not been commenced within twenty-four (24) months after the date of this Resolution, except that the applicant shall have the right to apply for an extension of these time periods for good cause shown; and be it FURTHER RESOLVED, that this Resolution shall be binding on the applicant, his heirs, successors and assigns and upon the Village of Rye Brook, it's heirs, successors and assigns. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE - TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT 12 - 0198 August 20, 1991 i� I 10. CHECK REGISTER On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator; On-Line Checks: #2880-3130 Hand Checks: #9875-9905 Payroll Checks: #4740-4933 NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT APPROVAL OF MINUTES 11. JULY 23, 1991 12. AUGUST 14, 1991 On Motion made by Trustee Pellino, seconded by Trustee Solomon, the Minutes of July 23, 1991 and August 14, 1991 were approved. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT - 13 - August 20, 1991 PUBLIC HEARINGS 11. BROOK II VENTURES, INC. MODIFICATION TO SITE PLAN APPROVAL DEDICATION OF ROADS SECTION 1, BLOCK 5, LOTS 19F, 19E02A, 19D1 AND 19E3 Mayor Cresenzi opened the Public Hearing at 8:45 p.m. and introduced Mr. Mitchell Hochberg of Brook II Ventures, Inc. Mr. Hochberg requested that Park Ridge Court and Longledge Drive be dedicated, as there are five families residing there. These families cannot receive garbage pickup, school buses will not enter because it is a private road, the post office will not deliver the mail to their homes and their maintenance is considerably higher because there are certain responsibilities that the homeowners association is taking on because the Village will not. The homeowners have been assessed at the full value of their homes and are paying full taxes to the Village of Rye Brook and they should be the beneficiaries of the full services that the Village has to offer. He stated that he is prepared to leave a substantial bond up to the extent that there is any damage done to the road while construction commences. Attorney Beane stated that there is already a draft resolution for the dedication of these two roads which upon approval by this Board will become a final resolution. It has four conditions which the developer must satisfy in order for this resolution to be signed. He must furnish the Village of Rye Brook with a duly executed deed of dedication of the roadways in a form approved by the Village Attorney. Mr. Beane stated that he has received a proposed deed with metes and bounds descriptions for the two roadways, which is in proper form. He has not received the final deed, which will be based on the approval of this resolution. The developer also must furnish the Village with a title insurance policy in an amount which will be decided upon in time for the next Board of Trustees meeting. Attorney Beane stated that the resolution is in acceptable form and it could be passed contingent upon the Developer satisfying all conditions. Mr. Heller stated that there is a guard at the entrance of Hidden Falls and questioned if the guard would remain after these roads are dedicated. Mr. Hochberg stated that the guard is there to avoid vandalism at night on the construction site. The guard will not prevent anyone from entering the property. Mr. Heller stated that there should be a sign in front of the Hidden Falls entrance pointing out that there is an entrance to the Rye Hills Park. - 14 - 001986 August 20, 1991 Mayor Cresenzi stated that he agrees with Mr. Heller, however presently there is no safe access to the park. Mr. Heller stated that residents should not have to feel that they are trespassing on the Hidden Falls Development . On Motion made by Trustee Ravich, seconded by Trustee Solomon the following Resolution was adopted: RESOLUTION PARK RIDGE COURT AND LONGLEDGE DRIVE DEDICATION OF ROADWAYS SECTION 1, BLOCK 5, LOTS 19F, 19ED 2A, 19D-1, AND 19E-3 WHEREAS, by Resolution dated February 14, 1989, a copy of which is annexed to this Resolution, the Board of Trustees granted Subdivision and Site Plan Approval to the Developer, Brook II Ventures, Inc. with respect to property located on North Ridge Street, and also known as Section 1, Block 5, Lots 19F, 19ED, 2A, 19D-1, and 19E-3. WHEREAS, pursuant to the provisions of the Subdivision and Site Plan Approval, the Developer was required to construct the above captioned roadways in accordance with the approved plans and specifications and the Developer also was required to post a Performance Bond in favor of the Village of Rye Brook to secure construction of the roadways in conformance with said plans and specifications; and WHEREAS, a Performance bond in the amount of $1,592,110 was posted and thereafter said roadways were constructed in accordance with the approved plans and specifications except for the installation of the final outer top surface of same, and said partial construction was approved by the Director of Public Works on or about August 7, 1991; and WHEREAS, the Developer seeks to reduce it's obligation under the Performance Bond posted to secure it's construction of the roadways designated above based on the roadways' substantial completion; and WHEREAS, the Developer now desires to dedicate said roadways to the Village of Rye Brook and to secure from the Village Board a reduction in the amount of the Performance Bond; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby accepts dedication of Park Ridge Court and Longledge Drive as described in the Deed of Dedication to be executed by the Developer and presented to the Village within forty-five (45) days of the date of this Resolution. The acceptance of this dedication is expressly conducted on and shall not occur until the Developer satisfies each of the following conditions: 15 - 0019f' :: August 20, 1991 (1) P The Developer furnishes the Village of Rye Brook with a duly executed deed of Dedication of the roadways in a form approved by the Village Attorney. (2) The Developer furnishes to the Village with a Title Insurance Policy in the amount of $100,000 certifying to the Village that a good and marketable title to each roadway that has been conveyed to the Village by the Developer. (3) The Developer furnishes to the Village a certification by the Bonding Company that the existing Performance Bond, in the reduced amount of $125,000, continues in full force and effect and will remain in full force and effect until the construction of the roadways are completed and approved by the Director of Public Works. (4) The Developer pays all recording fees and expenses necessary to record the Deed of Dedication; and be it FURTHER RESOLVED, that prior to or simultaneously with the final approval of the construction of the roadways by the Director of Public works, the Developer shall provide the Village with a maintenance Bond, in the amount of $342,000, from a responsible Financial Institution of Bonding Company approved by the Village Attorney, and in a form approved by the Village Attorney, which maintenance bond shall continue in full force and effect for a period of two years from the date of the vinal approval of the roadways by the Director of Public Works. In the event the Developer fails to provide a maintenance bond to the Village as set forth above, than this Resolution, including the Village's acceptance of roadways shall become null and void, and title to the roadways shall revert back to the Developer, its heirs or assigns, including specifically, the Homeowner's Association provided for in the February 14, 1989 Subdivision and Site Plan Approval Resolution. In addition, the Developer's failure to furnish the maintenance bond as set forth above shall be deemed to be a material breach of the terms and conditions of the February 14, 1989 Subdivision and Site Plan Resolution; and be it FURTHER RESOLVED, that upon the satisfaction of the four (4) conditions set forth herein, and the Developer's furnishing the Village with the maintenance bond as set forth herein, the Developer shall be released from the obligations of the Performance Bond for the construction of the roadways in accordance with the provisions of this Resolution; and be it FURTHER RESOLVED, that this Resolution shall be binding on the heirs and assigns of each party. Trustee Solomon questioned the condition of their water systems in light of the recent heavy rains. Mr. Hochberg stated that they put some grade on the inside of the culvert so that the dam has 12 to 15 feet of extra space on the dam side of the culvert. The only problem was with debris. - 16 - I' August 20, 1991 Attorney Beane stated that the second Resolution was a request to modify the prior site plan approval resolution regarding the recreation payment schedule. Also they made a request to allow them to pay the sum of $50,000 for a maintenance fee, $25,000 immediately and then the remaining $25,000 on August 1, 1992. Mayor Cresenzi stated that this payment schedule was sufficient adding that the Village received the first check early in August. On Motion made by Trustee Solomon, seconded by Trustee Ravich, the payment schedule was modified to allow Brook Two Ventures to pay the sum of $50,000 for a maintenance fee in two installments. $25,000 immediately and the remaining $25,000 on August 1, 1992. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE. TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT On Motion made by Trustee Ravich, seconded by Trustee Solomon, the Public Hearing was closed at 8:57 p.m. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT 12. ADOPTION OF VILLAGE OF RYE BROOK CODE PROPOSED LOCAL LAW #1 - 1991 ENTITLED: A LOCAL•LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK". On Motion made by Trustee Ravich, seconded by Trustee Solomon, the Public Hearing was adjourned until the September 24, 1991 meeting. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT Mr. Heller stated that there were markings on Lincoln Avenue and questioned what Con Edison was planning to do and when. - 17 - 00199 August 20, 1991 Mr. Circosta explained that they have not contemplated doing anything right now. He stated that they did mark areas between Jennifer Lane and Sunset Blvd. but would call for a Code 53 which is an underground utilities mark out. They need to do a test to determine the location of a storm drain. ADJOURNMENT On Motion made by Trustee Pellino, seconded by Trustee Ravich, the Meeting was adjourned into Executive Session at 8:57 p.m. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT CONVENE Mayor Cresenzi convened the meeting to public session at 9:15 p.m. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION PROJECT RESOLVED, that a Public Hearing will be held on Monday, September 16, 1991 by the Board of Trustees of the Village of Rye Brook at the Village Office located at 90 South Ridge Street, Rye Brook, N.Y. to consider a proposal to reconstruct the Anthony J. Posillipo Community Center on Garibaldi Place in Rye Brook. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION NON-UNION 1991-1992 COMPENSATION RESOLVED, that the following annual salaries for the employees listed below are hereby approved effective June 1, 1991: - 18 - 00i9 2 August 20, 1991 PERSONNEL MATTERS First Deputy Treasurer $32,025 Deputy Treasurer $32,025 Admin. Secretary $28,140 Administrator $74,500 Intermediate Typist (Clerk) $22,000 Director of Public Works $62,000 Assistant Building Inspector $37,800 Intermediate Typist (DPW) $22,800 Ass't. to Village Admin./Senior Coordinator $36,500 Recreation Superintendent $50,190 Sr. Recreation Attendant $35,000 Recreation Attendant $33,000 Entry Level Typist (Rec. ) $22,050 Intermediate Account Clerk/Typist (Pol. ) $32,860 Recreation Leader Schedule Start $22,500 Step I $25,794 Step 2 $26,567 Step 3 $27,364 Step 4 $28,185 FURTHER RESOLVED, that the following Budget Modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.1325.120 $ 1,525 101.1990.424 101.1325.140 $ 1,525 101.1990.424 101.1620.170 $ 1,340 101.1990.424 101.1230.110 $ 5,000 101.1990.424 101.1620.180 $ 3,000 101.1990.424 101.3620.110 $ 3,500 101.1990.424 101.3620.120 $ 1,800 101.1990.424 101.3620.130 $ 300 101.1990.424 101.6772.110 $ 1,000 101.1990.424 101.7140.110 $ 2,390 101.1990.424 101.7140.140 $ 8,000 101.1990.424 101.7140.130 $ 1,050 101.1990.424 101.7140.120 $ 2,493 101.1990.424 101.3120.120 $45,562 101.3120.150 101.3120.140 $41,420 TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT - 19 - 0019913 August 20, 1991 NEXT MEETING DATE September 16, 1991 - 7:30 p.m. ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the Meeting was adjourned at 9:50 p.m. TRUSTEE PELLINO AYE TRUSTEE RAVICH AYE TRUSTEE SOLOMON AYE MAYOR CRESENZI AYE TRUSTEE DALY ABSENT Respectfully submitted, ffimgA 4WW—w Eliz eth Czajk Secretary to the Village Board - 20 -