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HomeMy WebLinkAbout1993-09-28 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING l SEPTEMBER 28 1993 7:30 P.M. PLEDGE OF ALLEGIANCE ACTIO PUBLIC HEARINGS 1. PROPOSED LOCAL LAW INTRODUCTORY #4-1993 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO ADD A NEW SECTION 66-35 AND TO REPEAL OR AMEND VARIOUS PROVISIONS OF THE ZONING LAW AND OTHER LOCAL LAWS FOR THE PURPOSE OF ESTABLISHING COMPREHENSIVE SIGN REGULATIONS 2. CONSIDERING AGREEMENT FOR FIRE DEPARTMENT SERVICES WITH THE VILLAGE OF PORT CHESTER 3. PROPOSED LOCAL LAW INTRODUCTORY #5-1993 ENTITLED: A LOCAL LAW AMENDING CHAPTER 158 NOISE ORDINANCE OF THE CODE OF THE VILLAGE OF RYE BROOK TO ESTABLISH HOURS DURING WHICH CONSTRUCTION EQUIPMENT MAY BE OPERATED RESOLUTIONS 4. MODIFYING SECTION 240.19 OF RYE BROOK VILLAGE CODE PARKING RESTRICTIONS 5. REFERRAL TO THE PLANNING BOARD PETITION REQUESTING REZONE OF HAWTHORNE AVENUE 6. REFERRAL TO THE PLANNING BOARD SUBDIVISION PROPOSAL HOWARD LOEWENTHEIL INC. 6 HAWTHORNE AVENUE SECTION 1, BLOCK 15, LOT 38 7. REFERRAL TO THE PLANNING BOARD SITE PLAN APPROVAL/SIGNAGE RIDGE BOWMAN ASSOCIATES SECTION 1, BLOCK 19, LOT 313-2 90 SOUTH RIDGE STREET 8. CALLING FOR A PUBLIC HEARING ON A PROPOSED INTERIM DEVELOPMENT LAW OF THE VILLAGE OF RYE BROOK FOR THE HAWTHORNE AVENUE AREA 9. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 10. AMENDING CHAPTER A257 OF THE FEE SCHEDULE OF THE CODE OF THE VILLAGE OF RYE BROOK BURGLAR/FIRE ALARM FEES I 11. ENVIRONMENTAL QUALITY BOND ACT GRANT APPLICATION FOR TREES AT RYE HILLS PARK 1,2. AUTHORIZING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF STATE FOR FUNDING FOR THE ANTHONY J. POSILLIPO COMMUNITY CENTER 13. APPROPRIATION OF FUNDS FROM THE RECREATION TRUST & AGENCY ACCOUNT j ROLAND K. LINK, L.S. RYE HILLS PARK SURVEY 14. APPROPRIATION OF-FUNDS FROM THE RECREATION TRUST & AGENCY ACCOUNT FAIRWAY TESTING ANTHONY J. POSILLIPO COMMUNITY CENTER 15. CHECK REGISTER APPROVAL OF MINUTES 16. JUNE 22, 1993 17. JULY 20, 1993 8. AUGUST 6, 1993 f 19. SEPTEMBER 7, 1993 II `ViTTEN COMMUNICATION 0. GEORGE O'HANLON, VILLAGE ATTORNEY VILLAGE OF PORT CHESTER RE: ALARM FINES/COLLECTION 21. SUSAN ADLER, PSY.D, RE: RESIGNATION FROM YOUTH COUNCIL 22. TONI ARCHIBALD, TWIG ORGANIZATION RE: SIGNAGE REQUEST FOR TWIG HOLIDAY FAIR DISCUSSION 24. , PORT CHESTER/RYE BROOK AMBULANCE CORP. 24 HOUR SERVICE PROPOSAL 25. PLANNING PROCESS 26. HAWTHORNE AVENUE REZONE NEXT MEETING DATES :'UESDAY, OCTOBER 12, 1993 -7:30 P.M. - AGENDA MEETING TUESDAY, OCTOBER 26, 1993 - 7:30 P.M. - REGULAR MEETING i I MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK SEPTEMBER 28, 1993 CONVENE MEETING The Meeting was called to order at 7:33 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. I Present were the following members of the Board: i ! Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police I f I r ! E I i i n September 28, 1993 Cathy Scenna, a Port Chester resident stated that as per a letter dated August 23, 1993 from i James Dreeves of the Port Chester Board of Education, Mayor Cresenzi wrote a letter concerning the sidewalks that Parents United had spoke about at their first meeting on May 21, 1993. Two plans were contemplated which include exploring sidewalks on Ridge Street to the School on Bowman Avenue and Westchester Avenue. Also under consideration is the relocation of the school guard to the Bowman Avenue entrance to the Middle School. She questioned where we are with getting these sidewalks as it has been up for discussion and if not, can we do what we have to do get this moving along. Our concern is that currently, the children are walking along Bowman Avenue with no sidewalks and even though the principal stations people there to keep an eye, it seem that a couple of the kids will slip through and walk up Bowman Avenue where there is no sidewalk. We also are concerned with the children crossing over into the shopping center parking lot and I spoke to Chief Santoro who had some wonderful ideas as far as implementing safety programs into the school. Trustee Pellino stated that both of his children had attended the Port Chester Middle School and he has been interested in installing sidewalks from South Ridge Street to the school property for [ quite some time. This is a very expensive undertaking because some right of way must be dug I! up and excavated in order to install the sidewalk. This was discussed briefly at our last meeting f and possibly, in the future, property located on Bowman Avenue may be brought before us in the form of an application for development. There is a strip of undeveloped land across from the ballfield on Bowman Avenue. It may be a possibility for this Board to request, as an amenity for the Village, the installation of sidewalks at the expense of the developer. I would have no problem authorizing the monies for the installation of the sidewalks now, if we had the ability to bring that to the table in the future for reimbursement to the Village, should any developers come before us. According to the Village Attorney, we would not have the ability to make it a requirement of approval in the future, but we could certainly request this of them. Even though we may be taking somewhat of a risk, I feel we should move forward with these sidewalks and appropriate the monies. Ms. Scenna questioned what the undeveloped property had to do with the sidewalk installation. Trustee Solomon explained that if the developer put a restaurant on that site, it would tend to draw people from the immediate area to that restaurant, thus causing that area to need a sidewalk. Trustee Solomon added that he agrees with Trustee Pellino that this Board should move forward with the sidewalks and feels that we cannot wait for a developer as we have had at least one accident there and the situation becomes more dangerous every day. Trustee Pellino added that the pedestrian walkway which currently exists on an easement in the middle of South Ridge Street between the Bowman and Westchester Avenue area is a disruptive force and mostly used as a drop off point by parents during the rush hours and should be closed. j We need to discuss possibly realigning the driveway at the Middle School which is another j concern of mine. Perhaps it could be made into a two way road or widened. This would require a joint discussion between the School Board and the Village Board to make that type of decision. I would be in favor of moving forward with this but I need to be assured that we will be entering into a dialogue to address the entire problem and not just those sidewalks. 2 September 28, 1993 Trustee Solomon stated that a Liaison Committee Meeting is scheduled for Thursday, October 7, 1993 at 7:15 p.m. and many of these issues can be discussed at that time. Ms. Scenna questioned if it was still a possibility to have a sidewalk going up Westchester Avenue. Trustee Pellino stated that there is currently a sidewalk in place, but needs replacing. He added that the Board can consider that. �f Ms. Scenna questioned if there was ever any intent to install a crosswalk to go from the school { to the shopping center. Mayor Cresenzi stated that according to the impression he received at various public meetings held at the Middle School and discussions that took place that evening was that some want to be able to cross at that point and others do not. He added that he did not feel it was safe to direct children into a shopping center. It would probably be better to have them walk up Bowman Avenue at that point to the crosswalk and then continue on home. It is dangerous to have the children walk through the shopping center because you have traffic coming from all different directions. The real issue is, can the school assist us with preventing the children from crossing there once the sidewalk is in place. Mayor Cresenzi added that we have given Mr. Circosta direction to conceptually develop plans as to what and how we would install a sidewalk down Bowman Avenue. We would have to look at the cost factor and determine whether or not it would be asphalt or concrete, how wide, if there is a right of way to handle a six foot walk with enough grass area near the curb so a child doesn't just step into the street. i Ms. Scenna questioned if a railing would be out of the question. Mayor Cresenzi stated that a railing might be in the way, especially when it snows and the plow attempts to plow the sidewalk. We need to contact the school about doing a traffic study which would not hinder the development of a scheme to install it, however, three years ago, the Village did offer to fund half of that study. Trustee Zuckerman questioned if the Villages' Risk Manager had a role in formulating anything with regard to safety on the sidewalks through the liability of the Village. Administrator Russo stated that it might be something that we could discuss with the safety engineers from our insurance carrier. They are always willing to review any proposals that we may have. Trustee Zuckerman stated that the Village needs to know, from a legal point of view, exactly what our liabilities are depending on what course of action we may take in any regards to these matters. I Ms. Scenna questioned if a traffic study was ever done after Webb Avenue was put in to see how much more traffic that added. 14 3 September 28, 1993 Mayor Cresenzi replied no and explained that the traffic at the school itself has been intensified when they moved the 5th and 6th grades there. We need to have a traffic study of on site ! movement which is as important as vehicular movement on the street. Trustee Pellino added that the last traffic study that was done was when 287 Bowman was constructed which was around 1984 or 1985. Ms. Scenna questioned how long a traffic study would take. Administrator Russo replied that it is not a long process. We only need a few days during a regular school week where there are no holidays so that we can see what the normal schoolday traffic is like. Mayor Cresenzi stated that he would stay in contact with Ms. Scenna on this matter. f RESOLUTIONS 4. MODIFYING SECTION 240.19 OF RYE BROOK VILLAGE CODE PARKING RESTRICTIONS On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AMENDING SECTION 240.19 OF THE VILLAGE OF RYE BROOK CODE REGARDING PARKING ON LATONIA ROAD RESOLVED, that in accordance with the recommendation dated June 7, 1993 of the Traffic Commission, Section 240.19 of the Village of Rye Brook Code, Vehicle and Traffic, Parking Restrictions, is amended effective immediately as follows: I DELETE iLatonia Road East Pine Ridge Road to Mohegan Lane. i !� ADD 4 Latonia Road West Mohegan Lane to Hunter Drive Hunter Drive to Pine Ridge Road 4 September 28, 1993 Mayor Cresenzi explained that this is based upon the recommendation made by the Traffic Commission and currently as it exists, on the field side there is no parking. This will put parking there and no parking on the opposite side of the street. A resident from 2 Hunter Drive stated that changing the parking on Hunter Drive creates a problem for her because she cannot pull out of her driveway because there are cars parked on both sides. i Administrator Russo replied that it does not change the parking on Hunter Drive, only Latonia Road. Trustee Pellino stated that a few years ago, we took the parking off of the field side because we were concerned about children running between parked cars out onto Latonia Road and due to the risk of getting hit, the Traffic Commission and the Village Board decided that it would be best to remove the parking from the field side and thereby improve the safety factor for children running out. Trustee Pellino questioned what the logic was for putting it back. A resident stated that currently, the children run across the street, which runs a bigger risk of getting hit by a car. Mayor Cresenzi stated that it was intended that parents would pull up with their wheels to the curb and the children would get out of the car and step onto the grass and it just has not worked that way. Trustee Pellino added that while the cars were parked there, children would run between the parked cars chasing a ball or playing tag and people approaching with their vehicles may not see j a child coming out from between parked cars while at play. Trustee Zuckerman stated that the only safe way to do this would be to restrict parking on either side. The safety factor will then run into the convenience as to when parents are going to see their children playing games, where they will park their cars. They will then have to park three blocks away and walk up the field because the parking is usually filled. There is not enough safe off street parking in that area for that park and that must be addressed as well. I Trustee Solomon questioned if there was any room to add spaces to the existing parking lot. Administrator Russo stated that given the acreage of Pine Ridge Park, there is no more room available for extra spaces. I i i 5 September 28, 1993 Mayor Cresenzi suggested that we take action on this resolution and give it a try and we can then deal with what we may have to do in the future. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE I[ 5. REFERRAL TO THE PLANNING BOARD PETITION REQUESTING REZONE OF HAWTHORNE AVENUE On Motion made by Trustee Solomon, seconded by Trustee Pettino, the following resolution was hereby adopted: I { RESOLUTION REFERRAL TO THE PLANNING BOARD PETITION REQUESTING REZONE OF HAWTHORNE AVENUE RESOLVED, that the petition requesting a re-zoning of the Hawthorne Avenue area is hereby referred to the Planning Board for a report and recommendation. Attorney Powell stated that there are three items on the agenda relating to Hawthorne Avenue, one is a rezone, the other is a subdivision and the third is a moratorium. The petition requesting the rezone of the Hawthorne Avenue area has been studied by the Planning Consultant and in conjunction with the moratorium item that is on the agenda where it requires an expeditious process it might be a good idea to have the petition referred to the Planning Board so that when the time comes for the consideration of the matter that you will have a report and recommendation. Mayor Cresenzi stated that rezoning is an issue that has been discussed in the past. Our Planning Consultant has been requested to look into some matters on behalf of the Village Board and on September 2, 1993, the Village Board received a letter from Dr. Gentile attached to a petition with 95 signatures of residents from the entire neighborhood. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE j MAYOR CRESENZI VOTING AYE 6 September 28, 1993 6. REFERRAL TO THE PLANNING BOARD SUBDIVISION PROPOSAL HOWARD LOEWENTHEIL INC./6 HAWTHORNE AVENUE SECTION 1, BLOCK 15, LOT 38 Mayor Cresenzi asked for a motion which was made by Trustee Daly, however there was no second to the motion and the item no longer was on the table. Trustee Pellino stated that he found it difficult to refer this application due to a $7,227.78 deliquency from a prior application. Frederick P. Clark Associates has an agreement with the Village of Rye Brook that all of its fees are due and payable for their services. They have been patiently waiting for their money from this prior application. Technically, the Village of Rye Brook is responsible for that payment and the taxpayers of this Village, in essence, are responsible for the fees that are due from the prior application, therefore I take the position that the current application is incomplete and until those fees are paid, I cannot vote for a referral. Trustee Zuckerman stated that prior to referring the entire matter to the Planning Board, it should be referred for a lot count. One of the problems that occurred in the past is that the Planning Board needs to make a decision on how many lots are proper for the plot prior to its approval of any particular plan. They will only waste time and effort going through an entire planning process and then referring this matter back to us with the issue of the lot count open and subject to question. There has never been a resolution as to how many lots and of what size are applicable to this particular plat and this must be determined by the Planning Board. Once that is determined, then the formal process can take place and we can come up with an acceptable subdivision. This type of procedure should be followed with every subdivision, not only this one. He added that he also agrees with Trustee Pellino's statement regarding the planning fees. Mayor Cresenzi stated that lot counts are determined by zone and the zoning is there to protect the properties as they are developed. In this instance, he added that the zoning does not protect the other properties on the street and that is why the referral to the Planning Board for the rezone is key to the whole issue and when the moratorium is in place, this will then give us some time to develop the rezone or a different zone or whatever we choose to protect the properties on the street. Peter Murray, of 762 King Street and one of the officers of the corporation that owns 6 Hawthorne Avenue stated that he objects to this Board not referring the application to the Planning Board. Issues were raised about lot counts, which the Planning Board must consider. He added that he never received a bill for the amount in question at his office and only recently, a bill came to his home address which he had never seen before. The bills relate back to 1989 and 1990 which is when a serious litigation was taking place and if this Board paid Frederick j P. Clark Associates to advise them during the litigation, that is fine, however I did not obtain them to advise the Village, I had my own attorney and advisor Mr. Murray added. 7 September 28, 1993 Mr. Murray stated that as far as he knew, this application is complete, no one has told him otherwise and nothing was ever mentioned about a monetary discrepancy which was incurred by the Village. This is not a reason to not refer this application to the Planning Board Mr. Murray added. Trustee Solomon questioned what these fees were for and if they related to his previous lawsuits or his previous proposals. Administrator Russo stated that there is a record of billings for all of these amounts. He added that the Village is not charging him for any work related to any lawsuits. Attorney Powell stated that the Village will invite Mr. Murray to come in and look at the record of billings. Dr. Gentile of 25 Hawthorne Avenue stated that the area is largely unprotected by its current zone, which is the thrust and rational for the rezoning. We are now saying as a community that this method which is best described as a "cookie cutter method" in which we feel that you could have plans that were completely code conforming to the current zones and we fully support Trustee Zuckerman's statement about finding out first, what this parcel will bear in terms of an actual lot count which will make things move more swiftly. There is a much needed precedent that this property should be considered and developed based on the most restrictive R7. Also, the Village has a tree preservation law, traffic issues and all sorts of site specific issues that would only lead this application right back to the Village Board for determination. Attorney Powell stated that it is important to keep separate the issues as to the particular parcel which may be systematic of a problem as to the parcel itself and the issues regarding the area because those are two separate issues even though it is difficult to separate them completely. Trustee Zuckerman stated that what we do here can be embroadened to other areas of the Village where we have similar zoning problems with houses built on lots that are not quite what the character of the neighborhood dictates and when we get into the details of the process, we will be able to set a precedent for other areas in the Village as well. Mr. Sapione of 28 Hawthorne Avenue thanked the Board for the actions which they have taken this evening. He added that presently, in the Assessors Office are the planimetric maps and tax maps. In the process, as it goes forward, we will be having some liaison meetings and bring everyone up to speed as to where we are. The tax maps in their entirety are back at the State for verification that the mapping was in conformity with the state rules and regulations for such a project. The entire project will be there a while before it comes back to the Town and then we will process the information and share it with the municipalities. At the October 19, 1993 Rye Town Board meeting we will have individuals down from the State to explain the process. I I g I September 28, 1993 Donald Connelly of 40 Hawthorne Avenue stated that he is a five year resident of Hawthorne Avenue. Basically what we have in terms of the zoning plans that have been submitted over and over is non-conforming and from the Supreme Court of May 1992, it brings to light that the fact is that we are looking at a plot that is an R7. One can only guess that these houses to be built are two family houses, which is obviously non-conforming and the fact remains is that they should all be one family homes. He also questioned if the main house would remain. There is a short environmental assessment form which was filled out by the applicant and I and many of my neighbors disagree with various answers to the questions. 7. CALLING FOR A PUBLIC HEARING ON A PROPOSED INTERIM DEVELOPMENT LAW OF j THE VILLAGE OF RYE BROOK FOR THE jHAWTHORNE AVENUE AREA On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE ON A PROPOSED INTERIM DEVELOPMENT LAW OF THE VILLAGE OF RYE BROOK FOR THE HAWTHORNE AVENUE AREA RESOLVED, that a public hearing will be held on Tuesday, October 12, 1993 by the Village of Rye Brook Board of Trustees at 7:30 p.m. at the Village Offices located at 90 South Ridge Street, Rye Brook, NY regarding the proposed Interim Development Law of the Village of Rye Brook for the Hawthorne Avenue Area. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE S. REFERRAL TO THE PLANNING BOARD SITE PLAN APPROVAL/SIGNAGE RIDGE BOWMAN ASSOCIATES SECTION 19 BLOCK 19, LOT 311-2 90 SOUTH RIDGE STREET j On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: 9 September 28, 1993 RESOLUTION REFERRAL TO THE PLANNING BOARD SITE PLAN APPROVAL/SIGNAGE RIDGE BOWMAN ASSOCIATES SECTION 19 BLOCK 19, LOT 3B-2 90 SOUTH RIDGE STREET RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers the application of Ridge Bowman Associates for permission to install a 36" x 48" detached sign at the entrance to their building on Bowman Avenue to the Planning Board for their review and recommendation; and it is FURTHER RESOLVED, that a sum of $500.00 shall be paid to the Village for environmental/consultant review charges. Trustee Zuckerman requested that when this item is sent to the Planning Board that it be considered both in regards to the current sign law and that some discussion be had with regards to the proposed sign law which may in fact be passed by the time this comes up for discussion. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: I RESOLVED, that the donation in the accompanying list is hereby accepted for the Anthony J. Posillipo Community Center Reconstruction Fund: 10 September 28, 1993 ANTHONY J POSILLLPO COMMUNITY CENTER RECONSTRUCTION FUND Julia & Tony Tiso $240.00 48 Brookridge Court Rye Brook, NY 10573 { Total of this resolution..................................................$20.00 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE k10. AMENDING CHAPTER A257 OF THE FEE SCHEDULE OF THE CODE OF THE VILLAGE OF RYE BROOK BURGLAR/FIRE ALARM FEES On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AMENDING CHAPTER A257 OF THE FEE SCHEDULE OF THE CODE OF THE VILLAGE OF RYE BROOK BURGLAR/FIRE ALARM FEES RESOLVED, that the enumeration of Fees in Chapter A257 of the Code of the Village of Rye Brook is amended effective immediately as follows: Amoun Alarm Permits: $25.00 70-5 Burglar and Fire (initial Annual Renewal: $20.00 i Trustee Zuckerman inquired what the other communities charge for alarm permits and what the basis is for the increase. He further questioned if it was true that part of the charge is due to the fact that we maintain a direct service system at the Police Department. Chief Santoro stated that we are one of the lowest in the County. Port Chester is $20.00, which j is the average and some of them are as high as $50.00. He further stated that there are two types of alarms that come into the Police Department. One is Direct Wire and the other is the Voice Dialer. � 11 September 28, 1993 Chief Santoro stated that for the Voice Dialer, we incur a monthly expense of two incoming phone lines. For the Direct Wire, we don't incur any expenses as it is maintained by the alarm company that services the resident. Trustee Zuckerman questioned if we get reimbursed by the ones that cost us money. Chief Santoro stated that alarm monitoring is based on a user fee. Voice dialer equipment is absorbed by the Village in its entirety. It is there for anyone to use and currently, it is being used by 110 to 150. Trustee Zuckerman stated that the alarm system that we monitor should be self paying at the very least and then if it is costing us more than $20 or $25 for that type of alarm, those users should bear that particular cost if it is greater than the regular cost that most of the Village has with a central system. Trustee Zuckerman suggested a two tier figure. Chief Santoro explained that our Dialer tells us if there is an alarm going off at a residence. Central station is charging for telling us what part of the alarm went off, back door, front door, etc. Trustee Zuckerman questioned why we are paying any fee for the Village. Trustee Daly stated that if the alarm goes off, the Police respond whether it is false or not. Trustee Zuckerman stated that the alarm system that the Village monitors should be paid for at a higher rate than the alarm system that the residents are paying for separately. i Chief Santoro stated that currently we have 850 direct alarm users of this service. Our billing, record keeping service, tracking service and our secretary are costly. Administrator Russo questioned if there are that many costs associated with people directly tied in by direct wire and voice dialer with the Police Department. Chief Santoro stated that when direct Dialer is activated, the extent of our work is transmitting the signal over a radio to get a police officer there. The same amount of paper work we do for a central station, voice dialer or direct wire is still generated in our secretary's office and Complus and the Attorney's office when we have someone who does not want to pay their fine. Administrator Russo stated that it is a minor cost to maintain. It would only be a major issue if we proposed to replace that equipment or put in more state of the art equipment in terms of dealing with telephones and dialers and a digital system. I� Trustee Zuckerman stated that he is trying to set a basis so that the alarm permit fees and the f real fees total what it costs to run the system. If it means a slightly higher fee for the direct f dialer system, then I think that we should institute it. If it means a higher alarm fee than what is being proposed, then I am in favor of it because this should be a self supporting system. 12 September 28, 1993 Mayor Cresenzi stated that we can pass this resolution tonight and then have Chief Santoro either review the issues that were raised this evening or meet with Trustee Zuckerman to review them and then report back to the Board. Maybe as a result of the discussions we may begin to phase out these types of alarms and go into a central station system only in a year or six months. Chief Santoro stated that the removal of the voice dialer would probably effect many of the senior citizens. They can contact our headquarters through a fairly reliable system without any fees to a central station. Trustee Zuckerman stated that he is not saying that he wants to eliminate the seniors ability to contact the Police. (% Chief Santoro stated that he just does not want to confuse the alarm permit fee with our alarm , fine structure. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. ENVIRONMENTAL QUALITY BOND ACT GRANT APPLICATION FOR TREES AT RYE HILLS PARK On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ENVIRONMENTAL QUALITY BOND ACT GRANT APPLICATION FOR TREES AT RYE HILLS PARK RESOLVED, that Christopher J. Russo, the Village Administrator is authorized and directed 1 to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environmental Quality Bond Act of 1986, in an amount not to exceed $11,000 for a project with a total budgeted cost of $22,000.; and be it FURTHER RESOLVED, that upon approval of said request the Mayor is hereby authorized to enter into and execute a project agreement with the State of New York for such financial assistance to this Municipality for the buffering of Rye Hills Park. { 13 6. t September 28, 1993 Administrator Russo explained that this relates to the encroachments along Rye Hills Park. The residents have all agreed to remove their encroachments and the question came up as to whether or not the Village was going to fence off that area, sell the property back to the residents or treat the area with a natural planting buffer of trees and shrubs. Administrator Russo added that he discovered that a grant was available for funds for plantings in parks and took the initiative to t put in the application for trees as the deadline of this application is tomorrow so we anticipate that if the Board chooses, we will be able to obtain more grant money. Trustee Pellino stated that Administrator Russo made a wise choice in preparing this grant application. He added that the Board meet to resolve the issue of the buffer and in a subsequent meeting begin to deal with the results of the Rye Hills Park Study which was done a year ago, July. d i Administrator Russo publicly thanked the City of Rye Public Works Department for assisting myself and Thomas Hroncich with this. Last week we made arrangements with the City of Rye to borrow one of their bucket trucks. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12. AUTHORIZING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF STATE FOR FUNDING FOR THE ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Pellino, seconded by Trustee Solomon, the resolution was hereby adopted: RESOLUTION AUTHORIZING AGREEMENT WITH NEW YORK STATE r DEPARTMENT OF STATE FOR FUNDING FOR THE ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with the New York State Department of State to receive $20,000 towards the cost of the reconstruction of the Anthony J. Posillipo Community Center; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. 14 September 28, 1993 Ms. DeMarco explained that this is an application that we prepared and put in to the State of New York. It is a Local Legislative Initiative Grant for funding assistance for the construction of the Anthony J. Posillipo Community Center. We are very fortunate to have been awarded an additional $20,000 for the project which will help out greatly. 1 Mayor Cresenzi added that this grant came through Assemblyman Ron Tocci's office and he is very thankful that he was able to secure the $20,000 for the Village of Rye Brook, however he is going to speak to him about additional funding through other sources because given the budget within the State of New York, which is much larger than the Village of Rye Brook, a community project such is this one, should be able to obtain more than $20,000.00. TRUSTEE DALY VOTING AYE a TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. APPROPRIATION OF FUNDS FROM THE RECREATION TRUST & AGENCY ACCOUNT ROLAND K. LINK, L.S. RYE HILLS PARK SURVEY On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION APPROPRIATION OF FUNDS FROM THE RECREATION TRUST & AGENCY ACCOUNT ROLAND K. LINK, L.S. RYE HILLS PARK SURVEY RESOLVED, that the amount of $4,000.00 be appropriated from the Recreation Trust & 1 Agency Account for payment to Roland K. Link, L.S. for preparation of the survey for Rye Hills Park. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE i 15 September 28, 1993 14. APPROPRIATION OF FUNDS FROM THE RECREATION TRUST & AGENCY ACCOUNT FAIRWAY TESTING ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following resolutions are hereby adopted: RESOLUTION APPROPRIATION OF FUNDS FROM THE RECREATION TRUST & AGENCY ACCOUNT FAIRWAY TESTING ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that the amount of $1,377.00 be appropriated from the Recreation Trust & Agency Account# 501.5000.525 to the Capital Project Account# 901.7180.510 for payment to Fairway Testing for concrete testing and inspection of the Anthony J. Posillipo Community Center. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15, CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolutions were hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator; On-Line Checks: 7488-7573/7575-7595 Payroll Checks: 11017-11128 Manual Checks: 7366, 7486 & 7596 Environmental: 392 Recreational Trust: 123 Capital Pre Paid: NONE Capital: 2076-2078 e Birthday Run: 2038 t 16 i September 28, 1993 NOW, THEREFORE, BE IT i RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Solomon questioned with all of the money we seem to be getting for the Anthony J. Posillipo Community Center if any provision has been made for reimbursing the Recreation j Trust Fund. z Administrator Russo stated that unless we come up with some additional large grants, we will need every penny of what we appropriated from Recreation Trust and Agency along with the Grant Money plus the fundraising efforts and donations. So far, out of $250,000.00 that was appropriated from the Recreation Trust & Agency, we have spent all but $23,000.00. Trustee Solomon questioned if the Board could get some type of accounting as far as monies that go in and come out. Administrator Russo stated that we will be scheduling a meeting to discuss the budget in general and the issue of borrowing to pay for the amount that is left over from what the grants and donations do not cover. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE i TRUSTEE ZUCKERMAN VOTING AYE Y MAYOR CRESENZI VOTING AYE f 1 M 16. WESTCHESTER COUNTY SNOW & ICE CONTROL CONTRACT k On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION WESTCHESTER COUNTY SNOW & ICE CONTROL CONTRACT WHEREAS, the County of Westchester has approximately 4.55 miles of County highways within the jurisdiction of the Village of Rye Brook; and WHEREAS, the Village of Rye Brook has entered into agreements in the past with the County of Westchester for the control of snow and ice for these roadways; and WHEREAS, the County of Westchester has reimbursed the Village of Rye Brook for this ; service. 17 { September 28, 1993 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby enters into a one year agreement for the 1993/1994 Winter Season with the County of Westchester for snow and ice control; and be it FURTHER RESOLVED, that the County of Westchester will reimburse the Village of Rye Brook up to a maximum amount of $4,915.00 for this period of time; and be it FURTHER RESOLVED, that the Mayor is hereby authorized, this 28th day of September 1993 to execute said contracts. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 20. GEORGE O'HANLON, VILLAGE ATTORNEY VILLAGE OF PORT CHESTER RE: ALARM FINES/COLLECTION Attorney Powell explained that the Board requested that he contact the Port Chester Village Attorney regarding several provisions in the Fire Contract. One provision was that the municipality's would enter into a joint study, to be jointly funded and the other regarded costs related to a new firehouse. The Board asked that those be deleted. The other provision that was mentioned was providing for the surplus of burglar and fire for the alarm fees to go to the Village of Port Chester. They do not wish to delete that from the contract. Trustee Solomon suggested Administrator Russo contact the new Village Manager and start discussing some of our issues as far as the fire contract going forward. Trustee Zuckerman stated that the letter references the fact that any change be through theI liaison committee but the Village of Port Chester has cancelled the last three meetings and that committee has not met. We pay for fire service and charge and collect fines on the fire alarms and while I am amenable to discuss what items or costs should be in any fire service contracts that we have with the Village of Port Chester, we have no such formula in place now. Therefore, the Village of Port Chester should not be receiving our alarm fines since we are paying for the alarm fines which are in essence over and above the amount of money that is being charged by the Village of Port Chester for the fire service that they are providing to us. It has almost been a year since we released the Fire Study and we had hoped to have something in place in five or six months and so far nothing has been done. 4, 18 f yn � ; i September 28, 1993 Trustee Pellino stated that he has been trying to schedule these meetings and will continue to do so because although only one meeting has taken place, it was productive in terms of dialogue and we have received the assurances of both Trustee Comstock and Trustee Foti that they most definitely want to come to the table and discuss this issue. '21. SUSAN ADLER, PSY.D, RE: RESIGNATION FROM YOUTH COUNCIL Mayor Cresenzi thanked Ms. Adler for her time and dedication to the Village and directed Administrator Russo to send her a Certificate of Appreciation for all of the time she has put into the Community. Trustee Solomon stated that he served time on the Youth Council with Ms. Adler in the past and added that she will be missed very much. 22. TONI ARCHIBALD, TWIG ORGANIZATION RE: SIGNAGE REQUEST FOR TWIG HOLIDAY FAIR Administrator Russo explained that they are requesting to install a 4' x 6" sign promoting the Twig Holiday Fair in the corner of Ridge Street and Bowman Avenue from November 5, 1993 - November 15, 1993. The actual dates of the fair are Friday, November 12, 1993 and Saturday, November 13, 1993. Trustee Zuckerman questioned if it was feasible to erect an attractive permanent sign at the corner of Lincoln and Bowman Avenue, such as a bulletin board and give individuals permission to put their signs on that. Administrator Russo stated that we would then be dealing with private property. He added that in the Summer, you may have more than one request for signage at the same time and you may have to choose between the two. i Mayor Cresenzi stated that something like that is well needed and could be discussed for the future. 23. ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION PROJECT Rocco V. Circosta, Director of Public Works stated that the foundation is approximately 98% complete and currently we are working on new concrete piers and then the foundation system will be in place. They have already installed some of the steel superstructure and some of the rubberheads have begun to arrive on the site. i 19 September 28, 1993 Mr. Circosta added that presently there are floor joints that are on the site and the balance of the lumber should be arriving this week. They will probably start framing the building Monday of next week. Trustee Zuckerman questioned what the estimation is of the percentage of completion right now and whether or not we are ahead or behind schedule as it was anticipated. Mr. Circosta replied that a completion date was set for April 1, 1994. The contractor expected to be out of here a lot sooner than April 1, 1993 and estimated early January 1994. There is also landscaping to be done as well, which must wait until the Spring Season. Trustee Zuckerman questioned the target date for completion of the concrete work. Mr. Circosta stated that it was probably about four weeks ago. There have been a few problems on the site dealing with the concrete. There was a portion of the wall that was rejected because it was what we call square. It was cut out and just poured today. We are working on the concrete piers and footings for the covered walkway and that should probably be poured on Thursday. Trustee Zuckerman questioned if they have requested any extras. Mr. Circosta replied the there have been no extras and explained that we have and will be looking at some changes which may incur extras but are on the builders part. Lori Ann DeMarco, Ass't to Village Administrator added that we are also working on the interior space in terms of the colors and the selection of all the materials from the finishes simultaneous with the construction. 24. PORT CHESTER/RYE BROOK AMBULANCE CORP. 24 HOUR SERVICE PROPOSAL I Administrator Russo explained that some time ago, we received a report from Jay Fitch E Associates on the framework for a 24 hour proposal for the Ambulance Corp. At that time we discussed specific issues to be worked out in the agreement between the ambulance corp and the communities which is going to be trusted by an oversight board, which would be made up of s each of the Village Manager's, three representatives from the community, an attorney, a p financial person, another business person and three members from the Volunteer Ambulance Corp to manage it. One of the issues that would be resolved would be the annual budget, which i the approval of such is up to the governing of the three municipalities. He added that he has j received only positive feedback from Sid Braudy regarding the financial aspects of this, their service and capability to handle a 24 hour service. 20 September 28, 1993 Henry Ijams stated that Mr. Fitch did a great job and what he came up with solves all of the problems perceived by the Ambulance Corps over the years at the same time, reducing the cost to the municipalities and improving the level of service. Mr. Ijams added that this also gives the municipalities the chance to have more input into the budget and for the Ambulance Corp to have more responsibility to report in a better fashion about what goes on because we feel that we can improve the level of service, response time during the day, through the second ambulance availability and more importantly get better feedback about response time and types of calls as we receive types of calls that we really don't have the resources to handle. We are very interested in starting a regional search for an Administrator and we will have Jay Fitch to assist us with that along with devising job descriptions, structure of organization, duties and the screening of applicants. Trustee Daly questioned what was going on with the other two municipalities. Mr. Ijams stated that both have approved the resolution with one change regarding the January 1st start date. This was due to Port Chester's new Village Manager starting this week and they thought that January would be too aggressive so they left the date to be determined. Trustee Daly questioned if we needed approval from any other outside boards. Mr. Ijams stated that since we are already operating in this Advanced Life Support service, we are just continuing that service during the daytime and we don't need any other approvals. He added that we are all very excited about this because it will save money and provide better service to the residents. There are some negatives from our standpoint, such as the fact of having paid people working side by side with the volunteers which we are trying to handle very carefully as it may affect the future volunteering efforts which is the backbone of our service. Mayor Cresenzi suggested that we pass a resolution for negotiations tonight. Administrator Russo stated that he bould have the formal resolution on for the agenda Meeting in October. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution } was hereby adopted: RESOLUTION AMBULANCE CORPS NEGOTIATIONS f, WHEREAS, the Port Chester, Rye, Rye Brook Volunteer Ambulance Corps has faithfully served our community for over 25 years, and WHEREAS, the Rye Brook Village Board of Trustees supports volunteerism as a tradition and commends all those who volunteer their services, and 21 I September 28, 1993 WHEREAS, the Corps has in the past three years made certain internal changes in operation and its handling of financial matters at the request of the communities resulting in improved services, and WHEREAS, the Corps' capabilities to provide twenty-four hour service have been verified by an independent EMS consultant, and WHEREAS, the community requires a clinically sophisticated, operationally efficient, and fiscally responsible Ambulance Delivery System, twenty-four hours per day, and WHEREAS, developing a more structured relationship with the Corps will result in improved Ambulance Service, future tax savings to the community, retain community assets within the public domain, provide objective oversight, and ensure that the community's need for uninterrupted Ambulance Service is met in future years, NOW, THEREFORE, BE IT RESOLVED, that the Rye Brook Village Board of Trustees directs that the Village Administrator negotiate an agreement with the Port Chester, Rye, Rye Brook Volunteer Ambulance Corps to create an Ambulance Oversight Board and take other actions consistent with the implementation of the recommendations outlined in the August 1993 EMS Consultant Report by Fitch and Associates Inc., subject to future ratification by the Board of Trustees. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 25. PLANNING PROCESS Mayor Cresenzi stated that the Rye Brook Planning Board has requested to delay this discussion until the October Agenda Meeting. 26. HAWTHORNE AVENUE REZONE Thomas Gissen, of Frederick P Clark Associates stated that last week he had a discussion with the Village and received in the mail something regarding the consideration of a Wetlands Law. The materials have been forwarded to our wetlands expert, Jim Donovan for review. Jim Donovan will be available to attend the October 12, 1993 meeting, however, he is not positive that he can have a memorandum available a week prior to the meeting. He can, however, bring a memorandum with him on the night of the meeting and go over it with the Board. 22 Lt`s September 28, 1993 Trustee Zuckerman stated that we should have the memorandum prior to the meeting, but we can have an additional meeting on October 19, 1993 and perhaps the memorandum could be available to discuss then. Mayor Cresenzi suggested that we put this item on the agenda for the regular Board meeting in October so that we will have the information prior to the meeting. He also suggested that we schedule a worksession between the Village Board and the Planning Board to discuss the whole Planning Process. Trustee Zuckerman suggested that we meet with the Birthday Committee at the October 12, 1993 meeting at 7:00 p.m. prior to the agenda meeting and after much discussion the following meeting dates were announced: NEXT MEETING DATES TUESDAY, OCTOBER, 12, 1993 7:00 P.M. BIRTHDAY COMMITTEE PRESENTATION 7:30 P.M. AGENDA MEETING TUESDAY, OCTOBER 219 1993 7:00 P.M. PLANNING/ZONING WORKSHOP 7:30 P.M. ZONING CODE UPDATE 8:00 P.M. PLANNING PROCESS 9:30 P.M. WETLANDS TUESDAY, OCTOBER 26, 1993 6:00 P.M. BUDGET/BORROWING A.J.P. 7:30 P.M. REGULAR MEETING APPROVAL OF MINUTES 16. JUNE 229 1993 17. JULY 209 1993 18. AUGUST 6, 1993 19. SEPTEMBER 79 1993 23 - �6 September 28, 1993 On Motion made by Trustee Solomon, seconded by Trustee Pellino, the Minutes of June 22, 1993, July 20, 1993, August 6, 1993 and September 7, 1993 were adopted as amended. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Zuckerman stated that in the minutes he noticed that the topic came up of dumping on the Lord property and he has recently received calls that dumping has been going on at the Messina property as well as the Lord property and he questioned if Mr. Circosta had any information available. Mr. Circosta stated that an inspection was made today of the Messina property in regards to alleged dumping. It seems that over the years, things have been deposited there and I am going to contact the property owner and notify him of the situation. Trustee Zuckerman questioned if we can take further action other than notifying the property owner as there may have been car batteries or things of that nature there. Mr. Circosta stated that the dumping on the Lord property has been essentially excavating materials which are legally permissible. If there is a car battery in that pile, it would be difficult to depict just by doing a visual inspection of the pile. You have an approved subdivision and there is going to be construction on that property. We don't have anything within our ordinance to prohibit that type of dumping. Trustee Zuckerman stated that the question is, is dumping going on of materials that are not legally permissible on the one hand and is dumping going on that is in any way impacting the drainage situation in that part of the Village on the other hand. I would like to have a statement from the Village that we can pass on to the residents of the Village that will set their minds at ease one way or the other after due investigation so that we can be certain that whatever is going on there is legally permissible and if it is not legally permissible that steps will be taken to end it. Trustee Solomon questioned if we could get someone from the County to come over and test the Messina property as a resident has already called the County to pursue the dumping with the D.E.C. The County seems to be very interested in Rye Brook and they may want to aid us in this. Mr. Circosta stated that they will come out and look at what is on the site and do a visual inspection only. They will not do any testing of soils. The D.E.C. will not test the soil either. 24 I September 28, 1993 Trustee Zuckerman suggested that we contact Mr. Berner and have him obtain a letter from Margaret Chong stating that there is no contamination on the Messina property, as Mr. Berner stated that there was no contamination on the property. Trustee Zuckerman added that we should pursue the E.P.A. with regard to the finality of their actions on Hillandale and also, not tonight, make a final determination as to whether or not the Board should hire a consultant as the Mayor had suggested to follow up on all of this. Mayor Cresenzi stated that at the last meeting we discussed the advisory committee meetings and the times that they met. I suggested that possibly the meetings could be later on in the day or evening so that I could attend. Mayor Cresenzi added that Trustee Solomon pointed out that sometimes the other Board's may not want to advertise that and if I showed it would present a quorum so I had Attorney Powell research that. Attorney Powell stated that the open meetings law governs the activities of public bodies which is specifically defined in that law as being more similar to this board and also defines public bodies as being a committee or sub-committee of the public body so a sub-committee or committee of this board would be a public body in its own right. As far as the liaison committees are concerned, I think that the way that they have been set up is that they are a committee of this Board based on the resolution and therefore, those committees are subject to the open meetings law as they are privately structured. A committee of a public body is also a public body. Trustee Solomon stated that what Attorney Powell is saying is that even these Liaison Meetings must be noticed and must be public meetings. a. t{ Mayor Cresenzi agreed because it is an established committee that is meeting. Trustee Solomon announced that the meeting will take place on October 7, 1993 at 7:15 a.m. at the office of Superintendent Napoli and requested that the staff notice the meeting in the newspapers. t PUBLIC HEARINGS r 1. PROPOSED LOCAL LAW INTRODUCTORY #4-1993 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO ADD A NEW SECTION 66-35 AND TO REPEAL OR AMEND VARIOUS PROVISIONS OF THE ZONING LAW AND OTHER LOCAL LAWS FOR THE PURPOSE OF ESTABLISHING f COMPREHENSIVE SIGN REGULATIONS F Mayor Cresenzi opened the public hearing at 10:25 p.m. C 4 k 25 September 28, 1993 Trustee Pellino stated that we reviewed the entire law at the August 18, 1993 meeting and the issues that were brought to the floor were concerns regarding House for Sale signs and Tag Sale signs as they related to page seven of the proposed law which is the area that defines temporary signs on public property. Trustee Pellino added that in reviewing his notes, there were a few discrepancies between the law and the table at the end of the law and they were amended to read the same. Chief Santoro questioned if Section 3 meant that you can't put a tag sale sign in the pedestrian right of way. Trustee Pellino stated that it means that you won't block sidewalks but you may have grassy strips between a sidewalk and a street which would mean that you could put it there. If we can reasonably regulate the signs and thereby eliminate some of the abuse that sometimes occurs in the process then will have done something good. Trustee Daly stated that if you allow it you will get more, whereas if you disallow it there will { only be a few. j I ; Chief Santoro stated that he does not like the tag sale signs on telephone poles. If the judge would allow the Police to prosecute through that process, the people will stop putting up the signs. The way it would work is the person whose address is on the sign is responsible for the sign. Trustee Zuckerman questioned if we could arrange this section to prohibit signs on specific items such as telephone and utility poles. He also suggested that we have a permit fee which is high 4, and may discourage people from doing it. Trustee Pellino stated that we already discussed that and we didn't think anyone would apply for the permit. i Trustee Solomon agreed with Trustee Daly that we prohibit tag sale signs. Chief Santoro explained that the enforcement would work just like the fire lanes. Once they 1i found out that they were going to get a summons for parking in the fire lane they stopped doing it. Trustee Pellino stated that if we amend this, it also includes House for Sale signs, Birthday Party signs, etc. If we are going to stop tag sale signs on a public right of way, what about these other signs. Mr. Watson stated that he was against tag sale signs, however, he questioned the possibility of charging a fee for holding a tag sale and supply them with a one day permit and using that ! money to pay the Youth Employment Service to have a kid to go around and take signs down on Sunday afternoons and stipulate that the sign can only be up 24 hours prior to the beginning [ of the tag sale. s 26 t r September 28, 1993 Trustee Pellino stated that if we permit the tag sale signs, the stipulation is already in the law. Trustee Zuckerman agreed with Trustee Daly that we should not allow tag sale signs, and if we have much protest about it, we could revisit this a year after it is in effect and make the necessary changes. Trustee Solomon stated that in reference to Section E page 7, he is in favor of leaving the section relating to Elections and Political Campaign signs as is. He questioned if it was serious enough of a problem to change the wording. Attorney Powell replied that it was his opinion, based on what he read in the case law that it is serious enough to change the wording, however it is really the decision of this Board. Trustee Solomon stated that the law has always been honored by the candidates running for election in the Village of Rye Brook and he would like to find a way to keep it the same. Attorney Powell stated that the final outcome case isn't really decided until the Supreme Court comes up with a decision and some of them are 5-4. These are cases in the federal courts that which have ruled on various sign issues over the years and many of those cases are very strict but many of the provisions have been struck down. I tried to outline those issues in a memorandum for the Board so they would know what they are and I did not mean to give you the impression that everything is chiseled in stone but these are courts who have made various ruling. Trustee Zuckerman questioned if this particular statute wording has been struck down in the past and if it has been for the display of signs prior to the election or after the election. Attorney Powell stated that it was prior to the election. Trustee Zuckerman stated that most political campaigns in the Village of Rye Brook have honored this and it becomes a guideline and if we take it out I would like to maintain some voluntary guidelines that would be suggested for the conduct of a campaign. Trustee Solomon stated that he was not concerned with the Rye Brook Election, however there are other entities here that could challenge this. Trustee Pellino agreed that it should remain the way it is as it has worked well so far in Rye Brook and so did the remainder of the Board. Being there was no comment from the public, Trustee Pellino suggested that we close the public hearing on this law and at the October 12, 1993 we vote on this law. If anyone would like to comment on this in writing, they will have a reasonable time to do so. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the public hearing was closed at 10:55 p.m. pending an approval resolution on October 12, 1993. 27 September 28, 1993 2. CONSIDERING AGREEMENT FOR FIRE DEPARTMENT SERVICES WITH THE VILLAGE OF PORT CHESTER Mayor Cresenzi opened the public hearing at 10:57 p.m. Trustee Solomon suggested that we table this public hearing until we have further discussions with the Village of Port Chester. Trustee Daly stated that we have already made our first payment at the old amount. Trustee Zuckerman agreed with Trustee Solomon and stated that he has no position to vote on the fire contract until we have some movement on the fire study situation. He added that the alarm fee issue is still an open item. Attorney Powell stated that the Board had asked that 13B, in reference to the cost of the firehouse construction be deleted. The letter states that they have agreed to delete part of 13B relating to a new firehouse in Rye Brook. 13B doesn't only involve firehouse construction in Rye Brook, it deals with their firehouses throughout the Village of Port Chester and also their equipment. F Trustee Pellino stated that according to Mr. O'Hanlon's letter he indicated that 13 B would be removed in its entirety and questioned if he no longer agrees to that. According to Mr. O'Hanlon, that part of the paragraph had been requested by Rye Brook some years back in the event that a house was built in Rye Brook on our property on King Street. My feeling was that the way 13 B read was that it could be applied to any firehouse built anywhere. That is what prompted me to request its removal because it really has nothing to do with the operation of the fire service, it has to do with an agreement that could be achieved through a separate intermunicipal agreement if we chose to do so. He added that he does not feel comfortable to vote for this until we have a new document in front of us. Mayor Cresenzi stated that we need to relay to Port Chester that we must schedule Liaison Committee Meetings as soon as possible to resolve these open ended items. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the public hearing was adjourned at 11:04 pm. and would continue at the October 26, 1993 regular meeting. TRUSTEE DALY VOTING AYE ' TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE f I i 28 i September 28, 1993 3. PROPOSED LOCAL LAW INTRODUCTORY #5-1993 ENTITLED: A LOCAL LAW AMENDING CHAPTER 158 NOISE ORDINANCE OF THE CODE OF THE VILLAGE OF RYE BROOK TO ESTABLISH HOURS DURING WHICH CONSTRUCTION EQUIPMENT MAY BE OPERATED Mayor Cresenzi opened the public hearing at 11:05 p.m. Trustee Zuckerman commented that the Holiday section of this law was far too inclusive and after much discussion, the Board agreed to make various changes to be prepared for the October 26, 1993 regular board meeting. Mr. Watson questioned if the Trustees would consider prohibiting the Saturday construction in f or adjacent to a residential property between April 1, 1993 through October 1, 1993. Mayor Cresenzi stated that this ordinance resulted from a comment made by Mr. Watson during the Messina hearings and currently as its proposed would allow construction between 8:00 a.m. and 4:00 p.m. on a Saturday, and has prohibited construction on Sundays which greatly reduces the amount of time that is currently promoted. Trustee Zuckerman stated that when a contractor finds out that he needs to do a job in Rye Brook but can't work on Saturdays in the warm weather, it might increase the construction costs to our residents who want that work being done. Attorney Powell reviewed the changes with the Village Board and stated that he would have them incorporated for the October 26, 1993 meeting. On Motion made by Trustee Solomon, seconded by Trustee Daly, the public hearing was closed at 11:20 pm. pending an approval resolution for the October 26, 1993 meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE I TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Zuckerman announced that the Code of the Village of Rye Brook is now on sale at the Village Office for $150.00. In addition, there are versions of both the Subdivision Regulations and the Vehicle & Traffic Regulations available also. He recommended that when the Zoning Code is updated, we should add that to the law and move the zoning code forward into the official rendition of the Village Code. 29 i September 28, 1993 Trustee Pellino stated that the Zoning Code Update Committee has prepared a number of specific proposals for public hearing and rather than clutter up the agenda and do all of them at one time, we decided to hear one at a time. He suggested that we consider the Commercial Vehicle Law next. Mayor Cresenzi questioned how long the process takes and what the fee would be to codify the Zoning Code. Administrator Russo replied that it would take five or six months and cost a couple of thousand dollars which would be combined with the (cost for) changes which have been or will be approved. Attorney Powell added that the codifying of laws and changing of them is not a good idea to do at the same time because when you start getting a codification you take what you have and change it into form. If you are also amending that at the same time, you don't know whether to amend the previous law or the law proposed to be codified because it all depends on the timing of when those amendments go through. Codifying is taking what you have and getting it in a better form and amending it should be thought of as a different process. Things can get confusing if you do it together. Trustee Solomon questioned if we could have some type of report to address the article in the E newspaper entitled "Crime Stalks the Suburbs" in reference to the numbers. Chief Santoro stated that the Annual Report which has already been provided has those exact statistics in it. ADJOURNMENT Mayor Cresenzi adjourned the meeting at 11:35 p.m. Respectfully submitted, I r J-)eft L Elizabeth Bottali Secretary to Village Board 30 i