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HomeMy WebLinkAbout1991-10-22 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING OCTOBER 22, 1991 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION RESOLUTIONS 1. APPOINTMENT OF POLICE OFFICER 2. APPOINTMENT OF CHAIRMAN TO THE RECREATION & PARKS COMMISSION 3. NEW YORK STATE SCHOOL BOARDS ASSOCIATION PROCLAIMING SCHOOL BOARD RECOGNITION WEEK OCTOBER 28, 1991 - NOVEMBER 1, 1991 4. PROCLAIMING NATIONAL RED RIBBON WEEK OCTOBER 19 - 27, 1991 5. ARROWWOOD OF WESTCHESTER ANDERSON HILL ROAD INTENT TO ACCEPT SEWER DEDICATION 6. NORTHEAST NETWORKS, INC. PROPOSAL FOR FIBER OPTICS NETWORK REFERRAL TO PLANNING BOARD 7. BUDGET MODIFICATIONS CLOSING OUT 1990 - 1991 FISCAL YEAR WRITTEN COMMUNICATIONS 12. GEORGE W. PELEBECKY JR. , M.D. RE: POLICE OFFICER FRED GIOFFRE 13. LAURA RAPPOCCIO RE: POLICE OFFICER STEVEN GORALICK APPROVAL OF MINUTES 14. SEPTEMBER 16, 1991 15. SEPTEMBER 24, 1991 NEXT MEETING DATES NOVEMBER 12, 1991 - AGENDA MEETING NOVEMBER 26, 1991 - REGULAR MEETING RECYCLE! RECYCLE! RECYCLE! RECYCLE! RECYCLE! RECYCLE! 002028 MINUTES OF A REGULAR MEETING BOARD OF TRUSTEES VILLAGE OFFICES VILLAGE OF RYE BROOK OCTOBER 22, 1991 CONVENE MEETING Mayor Cresenzi convened the Meeting at 8:10 p.m. and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Robert J. Ravich was not in attendance at this meeting. Also present were: Christopher J. Russo, Village Administrator Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer Elizabeth Czajkowski, Secretary to Village Board Lori Ann DeMarco, Asst. to Village Administrator and Rocco V. Circosta, Director of Public Works were not in attendance at this meeting. - 1 - Q0202J October 22, 1991 1. APPOINTMENT OF POLICE OFFICER On Motion made by Trustee Pellino, seconded by Trustee Solomon the following Resolution was adopted: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED, the Michael J. Olifiers of 49 Ritter Road, Stormville, New York, be hereby appointed to the probationary position of Police Officer 5th Grade at a starting salary of $25,373.00 with the Rye Brook Police Department, and be it FURTHER RESOLVED, that the probationary period for the position shall be six months effective on the commencement date of October 28, 1991. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT Mayor Cresenzi welcomed Mr. Olifiers and wished him the best of luck. 2. APPOINTMENT OF CHAIRMAN TO THE RECREATION & PARKS COMMISSION On Motion made by Trustee Pellino, seconded by Trustee Solomon the following Resolution was adopted: RESOLUTION RECREATION & PARKS COMMISSION APPOINTMENT OF CHAIRMAN RESOLVED, that Thomas Josephson of 8 Osborne Place, be hereby appointed Chairman of the Rye Brook Recreation & Parks Commission. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT - 2 - 0020JJ October 22, 1991 3. NEW YORK STATE SCHOOL BOARDS ASSOCIATION PROCLAIMING SCHOOL BOARD RECOGNITION WEEK OCTOBER 28, 1991 - NOVEMBER 1, 1991 On Motion made by Trustee Pellino, seconded by Trustee Daly the following Resolution was adopted: RESOLUTION PROCLAMATION WHEREAS, an excellent public education system is vital to the quality of life for all New York citizens and communities. School Board members represent a tremendous resource as local decision makers, responding to the needs of their communities based on varying local conditions. School Boards are the voice of their communities, serving the interest of school children and preparing them for the future; and WHEREAS, School Boards continually strive for improvement and progress in education, with an understanding of the need for commitment to change and growth in New York's public education system. The men and women elected by the people as members of New York's School Boards deserve recognition and thanks for countless hours of service to public education; and WHEREAS, the members of New York's local Boards of Education have earned richly deserved commendation and appreciation for their dedicated service to the people and children of our state. NOW, THEREFORE, BE IT RESOLVED, that I, Salvatore M. Cresenzi, Mayor of the Village of Rye Brook, do hereby proclaim - November 1 October 28, , 1991 as SCHOOL BOARD RECOGNITION WEEK in the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT Trustee Daly suggested that a letter of commendation be written to both the Port Chester and Rye Brook School Boards. Mayor Cresenzi agreed and said it would be taken care of. 3 - 002031 October 22, 1991 4. PROCLAIMING NATIONAL RED RIBBON WEEK OCTOBER 19 - 27, 1991 On Motion made by Trustee Pellino, seconded by Trustee Solomon the following Resolution was adopted: RESOLUTION PROCLAMATION WHEREAS, illegal drugs have been responsible for the loss of livelihood and the loss of life in virtually every community in the nation; and WHEREAS, the cost of fighting the war on drugs in our schools and hospitals and on our streets has grown steadily over the years, far outstripping the ability of local governments to maintain the anti-drug efforts that are needed; and WHEREAS, local leaders, in government and in the community, know that the support of the people in the neighborhoods is the most effective weapon they can have in their efforts to reduce the demand for illegal drugs and drive away the suppliers of those drugs; and WHEREAS, the National Red Ribbon Campaign has been established by the National Federation of Parents for Drug Free Youth to help create awareness of the drug problems facing every community, to develop parent and community teams to combat illegal drugs, and to promote drug-free life-styles for America's youth; and WHEREAS, October 19-27, 1991 has been designated National Red Ribbon Week, with President Bush and Mrs. Bush, as honorary chairs of the Campaign, calling on all Americans to show their support for a drug free nation by wearing a red ribbon during that week; and WHEREAS, the U.S. Conference of Mayors, in its 59th annual meeting, formally endorsed National Red Ribbon Week as a comprehensive anti-drug public awareness, prevention and education program, and urged all Mayors to undertake special anti-drug activities, events and educational campaigns in their cities that week; WHEREAS, the Village of Rye Brook acknowledges and recognizes the pro-active support of the Rye Brook Lions in the on-going fight against drug and alcohol abuse. NOW, THEREFORE, BE IT RESOLVED, that I, Salvatore M. Cresenzi, Mayor of the Village of Rye Brook, do hereby proclaim October 19-27, 1991 as National Red Ribbon Week in this Village, and encourage all citizens to wear red ribbons throughout that week in support of a drug free America; and - 4 - 002032 October 22, 1991 FURTHER RESOLVED, that all businesses, public and private agencies, media, religious and educational institutions are called upon to join with the Village in the promotion of National Red Ribbon Week and in the encouragement of all employees and citizens to show their support for a drug free America. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT Trustee Solomon questioned if Recreation would be sending a mailing out to the community any time soon and if so, could we include a ribbon in each? Administrator Russo stated that it was not feasible to send a ribbon to every member of the Village, because they have been distributed through the schools and are available in the Recreation Department. Mayor Cresenzi thanked the Rye Brook Lions Club for their generosity in paying for the Ribbons as it was very much appreciated. 5. ARROWWOOD OF WESTCHESTER ANDERSON HILL ROAD INTENT TO ACCEPT SEWER DEDICATION Mayor Cresenzi introduced Mr. William Null of Cuddy & Feder who is present this evening on behalf of Carol Management for Arrowwood. He stated that he was here this evening in connection with the proposal to dedicate the sewer lines as they currently exist on the site and as they will be constructed in accordance with the approval issued on March 26, 1991. The Subdivision Map which was signed by the Mayor in August 1991 has been filed and communicates the location of the sewer easements on the site and the water line easements on the site. The sewer lines according to the County Health Department, are required to be public sewers for the reason that at any point where two or more lots are served by a sanitary sewer line, from that point forward it must be a public sewer and can no longer be private. Mr. Null then made reference to the map showing the existing Conference Center and stated that the Sanitary sewerline currently comes in from the County Trunk line and connects to the conference center. The new lines serve the maintenance building and run across to serve all the residential lots. When appearing before the Planning Board and the Village Board it was understood that the capacity of the Blind Brook facilities were sufficient to accommodate flow and that the ownership of the sewer line would not comply with County Health requirements nor would they be feasible for a residential development to undertake. - 5 - r)0P03J October 22, 1991 Mr. Null stated that Mr. Circosta, Director of Public Works, informed him that the Village would require certain assurances with regard to certifications from Arrowwood's Engineers as to leakage and pressure tests. It is understood that should the Village accept dedication of the sanitary sewer lines as they are proposed that this would be a condition of the acceptance of such lines. He stated that County Health had indicated that the area to be dedicated is the section where the housing area comes in and connects over to the trunk line. The conference center would be willing to indemnify the Village with regard to maintenance of that portion of the sanitary sewer line. It could essentially be a separate tax district and whatever costs are incurred would be imposed upon the parties who will benefit by it. If you have an indemnification provision where this forty-five foot section becomes the responsibility of the Conference Center, there is no ability to shift the costs back over to the Homeowner's Association. Attorney Beane questioned what the impact would be to Arrowwood to either the Conference Center or the residents other than the fact that the Conference Center would have to pay for the maintenance of the forty-five foot section if the Village required that condition. Mr. Null replied that it would be a financial obligation and a potential for claims and disputes arising from the homeowners. As the primary beneficiary of this section of the sewer line in the Blind Brook Sanitary Sewer System they would be paying their fair share. Trustee Pellino questioned, in regard to the portion that the residential area will be tied into and the portion that serves the Conference Center and if we were speaking of funneling in and then from that point forward for forty five feet or so. Mr. Null replied that it would need to be public in the same manner as the rest of the system. Attorney Beane questioned if the forty-five foot section will be usable during the time that all of these homes are being constructed. Mr. Null replied that Mr. Beane was correct and that the section exists, the entire portion of the conference center exists and also the maintenance building exists. Attorney Beane stated that it would be a reasonable requirement to have the Conference Center indemnify the Village based on the Village's responsibility towards this entire sewer line now until such time as the entire residential project comes on line as a district because at the time the representation was made, the belief was that the section was going to have to be maintained. 6 - 002034 October 22, 1991 Mr. Null stated that there was not a problem in the Conference Center taking on the burden for a period of time but perhaps a number can fixed that would be more reasonable if there were only 110 homes built. Trustee Solomon questioned if it were possible for the residents to share in the maintenance fee after each home is completed. Attorney Beane stated that the burden would be placed on the sewer district. It is not the homeowners responsibility because they would all be sharing like everyone else in the Village and if something happens to a sewer in the Village the Sewer district pays for it. Mr. Null added that this is to verify that there is an additional layer of protection which Arrowwood is providing. Mayor Cresenzi stated that as long as over half the project is completed it is okay, as the concept is the same. William Aughavin, a resident, stated. that when the construction is taking place after fifty percent of the homes are complete he would like to make sure that protection is in place if damage is done to the sewer lines by the construction. Attorney Beane stated that the way the resolution is worded, a specific provision states that there is a $522,000 performance bond which will stay in affect until the entire sewer system is completed, constructed and tested. Thereafter, there is a maintenance bond which is 25% of the performance bond which stays in affect for two years. The protection has nothing to do with when the sewer district picks up maintenance so we are really talking about well down the road when the homes come on line and constructed and i n operation. the sewer district is P Mr. Aughavin stated that the percentage should be calculated carefully by the Administration and figured out so that there is no burden added to the Village. Mr. Beane stated that it has been calculated and there is a formula used to compute the maintenance bond. The performance bond is different and guarantees proper construction. After the system is fully constructed and tested there is a maintenance bond which continues in affect so that if something happens to that sewer system during the first two years, the maintenance bond is available to pay for repairs if it is the result of faulty construction. If faulty construction is not the case, it would be the obligation of the homeowners and the sewer district. - 7 - 002035 October 22, 1991 Administrator Russo questioned with regard to a performance bond, whether we will be required to get a cash deposit, based on recent experience the Village has had. Attorney Beane stated that there is a performance bond already in place. Mr. Null stated that there is no ability to require cash under Village law. Mayor Cresenzi stated that Mr. Null was correct but the Village just had a very bad experience and learned in the process that in the future the Village will require Cash Bonds. A letter of Credit has proved in the past not to be very dependable. Attorney Beane stated that if there is a bank default and the resolution trust company takes over, whether there is a letter of credit or not, it is gone. The Village has never had a problem with a bond, only a letter of credit. On Motion made by Trustee Daly, seconded by Trustee Pellino the following Resolution was adopted: RESOLUTION ARROWWOOD OF WESTCHESTER ANDERSON HILL ROAD DEDICATION OF SEWER LINE SECTION 1, BLOCK 3, LOTS 5A, 5B, 5C, & 6 WHEREAS, by Resolution dated March 26, 1991, a copy of which is annexed to this Resolution, the Board of Trustees granted Subdivision and Site Plan Approval to the Developer, Carol Management Corporation, with respect to property located on Anderson Hill Road, and also known on the Official Tax Map of the Village of Rye Brook as Section 1, Block 3, Lots SA, 5B, 5C, & 6. WHEREAS, pursuant to the provisions of the Subdivision and Site Plan Approval, the Developer was required to construct sanitary sewer lines within easements appurtenant thereto as shown 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 said sewer lines in conformance with said plans and specifications; and WHEREAS, a Performance bond in the amount of $522,143 was posted and thereafter a portion of said sewer line was constructed in accordance with the approved plans and specifications, and said partial construction was approved by Director of Public Works on or about September 1991; and WHEREAS, the Developer now desires to dedicate said sewer lines with their appurtenant easement areas to the Village of Rye Brook; - 8 - )02030 October 22, 1991 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby accepts dedication of said sewer line 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 conditioned on and shall not occur until the Developer satisfies each of the following conditions• (1) The Developer furnishes the Village of Rye Brook with a duly executed deed of Dedication of the sewer lines in a form approved by the Village Attorney. (2) The Developer furnishes the Village with a Title Insurance Policy in the amount of $100,000 certifying to the Village that a good and marketable title to the sewer line 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 continues in full force and effect and will remain in full force and effect until a request for reduction is requested and approved by the Village. (4) The Developer shall provide easement description of all sewer lines for review and approval by the Village Attorney. (5) 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 sewer line by the Director of Public Works, the Developer shall provide the Village with a maintenance Bond, in the amount of 24% of the original Performance Bond from a responsible financial institution or 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 final approval of the sewer line by the Director of Public Works. In the event the Developer shall fail to furnish the maintenance bond as set forth above, that action shall be deemed to be a material breach of the terms and conditions of it's Subdivision and Site Plan; and be it FURTHER RESOLVED, that upon the satisfaction of the five (5) 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 sewer line in accordance with the provisions of the Resolution; and be it FURTHER RESOLVED, that this Resolution shall be binding on the heirs and assigns of each party. 9 - 002031 October 22, 1991 FURTHER RESOLVED, that the Developer shall remain responsible for the maintenance of the approximately forty-five foot section of sewer line connecting the residents to the Conference Center trunk line until such time as ninety of the one hundred and thirty-eight homes have been constructed and conveyed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT 6. NORTHEAST NETWORKS, INC. PROPOSAL FOR FIBER OPTICS NETWORK REFERRAL TO PLANNING BOARD On Motion made by Trustee Solomon, seconded by Trustee Pellino the following Resolution was adopted: RESOLUTION NORTHEAST NETWORKS, INC. PROPOSAL FOR FIBER OPTICS NETWORK WHEREAS, the Village Board of the Village of Rye Brook has received a proposal from the Northeast Networks, Inc. for a Fiber Optics Network in the Village of Rye Brook; and WHEREAS, Northeast Networks, Inc. proposes to construct a fiber optic network along the I-287 corridor extending from Port Chester to Tarrytown, providing a vital service to the business community in lower Westchester; NOW, THEREFORE, BE IT RESOLVED, that this proposal be hereby referred to the Planning Board for their review and recommendation; and be it FURTHER RESOLVED, that Northeast Networks, Inc. shall be required to contribute $500 to the Village of Rye Brook Environmental Impact Fund for the expenses incurred in the review of this application, and be it FURTHER RESOLVED, that the balance of such monies shall be returned to the applicant, or if the expenses exceed the initial amount, the applicant shall contribute the additional sum. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT - 10 - 002038 October 22, 1991 7. BUDGET MODIFICATIONS CLOSING OUT 1990 - 1991 FISCAL YEAR Administrator Russo stated that this Resolution basically closes out for the Auditors, the previous fiscal year of 1990 and 1991. Any modifications or expenses were approved at the time they were expended in the budget. This is simply a total count to put things in the categories necessary for State reporting reasons. He added that we are well within budget. Joseph Cortese, Village Treasurer stated that under state law you are not able to maintain any deficits in any line items so at the end of the year we take the ones that are underfunded and modify the budget. Any shortages in any accounts are applied to the other accounts. Most of these took place within the departments. Administrator Russo stated that when we had an expenditure where we needed funding, we would make a budget modification during the year and we actually would expend the money. The resolution shows the actual expenditures in each area. On Motion made by Trustee Solomon, seconded by Trustee Pellino the following Resolution was adopted: RESOLUTION BUDGET MODIFICATIONS RESOLVED, that the following Budget Modifications be hereby approved in order to close the 1990/1991 fiscal year. FROM TO AMOUNT 101.1420.411 $ 803.50 Supplies &-Books 101.1420.454 222.00 Travel Expense 101.1910.422 40,899.42 Unallocated Insurance 101. 1420.458 41,924.92 Supplemental Service 101.1680.200 3,257.73 Equipment 101.1660.496 406.10 Central Supplies 101.1670.495 2,851.63 Central Print/Mail - 11 - 0020a3j October 22, 1991 FROM TO AMOUNT 101.1990.424 20,757.56 Contingency 101.1930.439 13,392.97 Judgments & Claims 101.1980.423 7,365.59 Consulting Fees 101.7140.130 1,223.75 Entry Typist 101.7140.150 4,454.60 Season Main/Attend 101.7140.447 1,090.00 Insurance 101.1990.424 6,669.53 Contingency 101.7140.110 43.74 Superintendent 101.7140.120 $ 1,766.85 Recreation Leader 101.7140.140 1,090.77 Recreation Attendant 101.7140.160 5,008.52 Program Leaders 101.7140.469 106.62 Miscellaneous 101.7140.473 4,059.21 Uniforms & Supplies 101.7140.475 216.64 Adult Programs 101.7140.478 1,145.53 Special Events 101.7320.469 6,905.06 Youth Services 101.7180.449 6,905.06 Misc. Supplies 101.9060.817 48,669.36 Health & Dental Ins. 12 - UUOil.) October 22, 1991 FROM TO AMOUNT 101.9056.816 12,777.60 Contract Term Cost 101.9060.560 5,069.21 Professional Development 101.9050.554 1,554.06 Disability Insurance 101.9030.427 15,537.10 Social Security 101.9040.800 46,423.90 Workers Comp 101.9050.555 4,651.73 Unemployment Ins. 101.9730.100 1,457.50 Principal 101. 1910.422 892.25 Unallocated Insurance 101.1920.437 892.25 Munic. Assoc/ICMA/VOA TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT 8. WESTCHESTER COUNTY LEAF DISPOSAL CONTRACT Administrator Russo stated that this contract gives the Village the option to have the leaves trucked away under rates that they consider favorable because it is bid on a County-wide purchasing contract. On Motion made by Trustee Pellino, seconded by Trustee Daly the following Resolution was adopted: RESOLUTION WESTCHESTER COUNTY LEAF DISPOSAL CONTRACT WHEREAS, the County of Westchester has made available to local communities a Leaf Disposal Contract; and - 13 - 002041 October 22, 1991 WHEREAS, the County of Westchester acknowledges and agrees that the Municipality has the right, but not the obligation to enter into agreements with the successful contractor; and WHEREAS, the cost of disposal shall be $5.97 per cubic yard if delivered to the contractors yard and $7.95 if the contractor picks up leaves at our site; and WHEREAS, the Village of Rye Brook is desirous of entering into such agreement in the event we need to dispose of leaves. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook in it's efforts to maintain a successful composting facility, hereby agrees to enter into this Leaf Disposal Contract in the event we need to dispose of leaves; and be it FURTHER RESOLVED, that the Village Administrator is hereby authorized this 22nd day of October 1991 to execute said contract on behalf of the Village of Rye Brook. Trustee Pellino questioned whether or not the Village has taken advantage of this in the past and if so, is the Village saving a substantial amount of money. Administrator Russo stated that there was no need for this type of program in the past and that it is saving the Village quite a bit of money. Mayor Cresenzi added that by composting, the Village is saving roughly $48,000 to $50,000 a year. Mayor Cresenzi stated that the rental of the equipment is free, but since the material would need to be picked up at our site, we would have to pick the leaves up with vacuums, transport them to our site, and maintain them for two to three months in order to prevent an odor before the trucks cart them away. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT 14 - October 22, 1991 9. WESTCHESTER COUNTY COMPOSTING AGREEMENT Administrator Russo stated that this is the agreement for the very expensive equipment that the County purchased and allows municipalities to use. This includes both a shredder and turner for the leaves. The County has received a grant for the recycling program and because of that are able to lend this equipment to the municipalities free of charge. On Motion made by Trustee Daly, seconded by Trustee Pellino the following Resolution was adopted: RESOLUTION WESTCHESTER COUNTY COMPOSTING AGREEMENT WHEREAS, the County of Westchester has conducted a Composting Equipment Circulation Program whereby the County provided the Village of Rye Brook with specialized composting equipment and trained operation personnel; and WHEREAS, said equipment consists of a Compost Shredder and Compost Turner; and WHEREAS,the Village of Rye Brook has used this equipment over the past year with significant results; and WHEREAS, the County of Westchester has waived payment for Refuse Disposal District #1 for the first term of this contract commencing on September 1, 1990 and terminating on December 31, 1991; and WHEREAS, the County of Westchester has waived payment for Refuse Disposal District #1 for another term commencing on January 1, 1992 through December 31, 1992. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook, in an effort to continue a successful composting program hereby agrees to enter into a contract with the County of Westchester; and be it FURTHER RESOLVED, that the Village Administrator is hereby authorized, this 22nd day of October 1991, to execute said contracts in order for the Village of Rye Brook to rent this equipment on an as needed basis. Trustee Solomon questioned when this will become available to the Village. 15 - ()()9 0 43 October 22, 1991 Administrator Russo stated that once we approach the late part of the season they will start coming every few weeks to shred the leaves, to help the process along. Trustee Pellino questioned whether or not the Village paid anything last year and if this represented a two year agreement. Administrator Russo stated that we did not pay anything last year and this represents a one year agreement through January 1992. Trustee Solomon questioned if use of this equipment would be ongoing in the future at no charge. Administrator Russo stated that next year the Village would probably have to pay for this service as the County would probably not have money left over from their Federal Grant. When the Village had previously thought this service would have to be paid for, it was thought to be at a reasonable rate. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT Ken Heller of 22 Lincoln Avenue stated for the record that the national trend is to recycle. As for composting and mulching, the homeowner should make an educational effort. This can be very expensive for the taxpayer and yet it is a very positive step for the environment to recycle on site. Trustee Pellino suggested Mr. Heller give a short write up regarding this for the upcoming Village newsletter. Mr. Heller- stated that twenty years ago residents did this automatically, but a certain ethnic group came in and decided that everything must be absolutely clean. What occurs is, most of our foundation plantings are very shallow rooted and these stores will start moving in, damaging the area. When we started in the business years ago, we left the leaves in there and let them break down which protected the plants. Now you are not allowed to do so which is the worst thing you can do for your plantings. This is why in the last couple of years, our plantings have been dying because we haven't had the snow coverage to protect them. Trustee Solomon questioned if Mr. Heller had any hard evidence that the national trend was to recycle leaves. Mr. Heller stated that many magazines state this. 16 - ' 0204= October 22, 1991 Trustee Solomon suggested that Mr. Heller send in several articles pertaining to this. 10. TRAINING OF VILLAGE PLANNING AND ZONING BOARD MEMBERS On Motion made by Trustee Pellino, seconded by Trustee Solomon the following Resolution was adopted: RESOLUTION TRAINING OF VILLAGE PLANNING AND ZONING BOARD MEMBERS WHEREAS, it is essential that members of .Planning and Zoning Boards have knowledge of both the grants of authority under which they operate, and the principles and practices of land use regulations and planning; and WHEREAS, there are training opportunities available to municipal officials from the Westchester Municipal Planning Federation, the New York Planning Federation, the Westchester County Board of Realtors, and other organizations. NOW, THEREFORE, BE IT RESOLVED, that all Planning and Zoning Board members in the Village of Rye Brook appointed since January 1, 1989 will be expected, as a condition of continuing service or appointment, to attend within two years of the date of this resolution, or for new appointees within two years a training program related to the Board on which they serve; and be it FURTHER RESOLVED, that this training requirement would be satisfied by attendance at the Planning and Zoning short courses offered by the Westchester Municipal Planning Federation, the Planning and Zoning workshops at the New York Planning Federation's Annual Institute, the Rockland County Planning Federation, or in lieu thereof, other programs approved by the chairperson of the Planning or Zoning Board; and be it FURTHER RESOLVED, that lack of training shall in no way effect a member's ability to serve on a board or vote on matters coming before that board, but failure to receive training within a reasonable time shall be "cause" for removal by the Board of Trustees of both first term and veteran board members; and be it FURTHER RESOLVED, that the Village of Rye Brook may grant extensions of time for justifiable reason but cannot waive the requirements of training; and that said resolution shall be incorporated into the rules and regulations of both the Planning Board and Zoning Board of Appeals; and be it - 17 - nn ^n� -1 October 22, 1991 FURTHER RESOLVED, that the Village shall incur all costs associated with this training program. Trustee Daly questioned how they came up with two years. Trustee Pellino stated that this is very important to give our Planning and Zoning Volunteers the best available training on these very complex issues that come before our Boards today. As a pas member of the Planning Board, he attended one of these programs voluntarily and found it to be invaluable, as you not only learn the guidelines under which you are supposed to operate as a Board member, but you also find out what common problems there are in other Villages and get a better understanding of them. He added that these courses alternate from one year to the next. Trustee Pellino suggested that we change the Village Code to include that the Planning Board Chairman and the Zoning Board Chairman must follow up on the training of their members because in future years the Village Board will eventually change. Sissy Sherlock, a member of the Recreation Commission, questioned the term of office for a Planning or Zoning Board member and what it was this costing the Village to send these members. Mayor Cresenzi replied that Board members have a three year term of office and the Chairman is a one year term of office. The cost is very minimal, at $15 or $20 per member. Mr. Aughavin stated, that as a member of the Planning Board, the Village should provide the Boards with adequate notice and information about these classes so that the members can plan their schedules to enhance the situation. He also stated that this resolution is very important, being a member of the Planning Board for only a short time, he has many unanswered questions. Mayor Cresenzi stated the members will be receiving direct mailings from the Municipal Planning Federation regarding the courses. Mr. Heller stated that it is very important to educate these members as to what their function is on their Board. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT Mayor Cresenzi questioned the Resolution regarding the Water Purchase Agreement. - 18 - October 22, 1991 Administrator Russo stated that he spoke with the Village's Attorney, Joel Dieter, who is involved in that case. The resolution has been prepared but the other municipalities needed to review it so that we would all pass the same one. The other two municipalities do not have a meeting until November, so we can resolve this at our Agenda Meeting on November 12, 1991. WRITTEN COMMUNICATIONS 12. GEORGE W. PELEBECKY JR. , M.D. RE: POLICE OFFICER FRED GIOFFRE Administrator Russo read the letter regarding Police Officer Gioffre saving the life of Angelina Cicoria, of 4 West Street and a victim of the West Street fire. Dr. Pelebecky stated in the letter among other things that Officer Gioffre is a credit to our Police Force and Community and should be recognized as such. 13. LAURA RAPPOCCIO RE: POLICE OFFICER STEVEN GORALICK Administrator Russo read a letter thanking Police Officer Goralick for comforting Ms. Laura Rappoccio, who was having trouble breathing at her home in Rye Brook. The letter stated that he was most gentle and kind and along with the medics from Abbey Richmond did a great job in getting her to the hospital. Mayor Cresenzi instructed Administrator Russo to see that these two letters are included in each of the Police Officers personnel files. Trustee Solomon questioned if Officer Gioffre would be commended. Mayor Cresenzi explained that the PBA takes care of commendations for all of their Union members, whether it be Port Chester or Rye Brook, however we are currently working with the Chief of Police to have our own in-house awards program. He also stated that in other municipalities sometimes men are not commended when they should be as it is important for us to recognize our own people when they serve our residents in an exemplary manner. APPROVAL OF MINUTES On Motion made by Trustee Pellino, seconded by Trustee Daly the Minutes of September 16, 1991 and September 24, 1991 were accepted as presented. 19 - 002041 October 22, 1991 Trustee Solomon stated that he recently noticed on Westchester Avenue, a Con Edison vehicle stopped in the flow of traffic not too far from the bus stop. It was a traffic hazard which could have been avoided if they parked in the bus stop and out of the way of the traffic. Trustee Daly stated that other municipalities require that whoever is doing the work hire a Police officer to be present to direct traffic, cross pedestrians, etc. She questioned if we might want to look into doing the same. Attorney Beane stated that in the past we have, with respect to private construction, but as for Con Edison, we have never required that they do this. He stated that he would look into this matter. Chief Santoro stated that Con Edison usually does a very good job flagging and are very cooperative. If there are ever any problems the Police Department should be contacted. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT NEXT MEETING DATES NOVEMBER 12, 1991 - AGENDA MEETING NOVEMBER 26, 1991 - REGULAR MEETING Henry Ijams, of the Port Chester/Rye Brook Volunteer Ambulance Corp. stated that he was here this evening as a member of the Finance Committee. He informed the Board that they serve the Village's of Rye Brook and Port Chester from 6:00 p.m to 6:00 a.m. Monday through Friday, all day Saturday, Sunday and Holidays. This year they are in the middle of their budget process and prepare an annual budget and a calendar budget. He stated that the president, Harriet Halter was also present this evening and she is wonderful at keeping our costs as low as possible. He added that there has not been an increase from the Village of Rye Brook since 1989. A presentation has been made to Mr. Russo and other towns and they are looking for roughly $9,000 per Village. He stated that they have no other recourse to receive funds, and are doing the best they can with their fund raising efforts. This year they have done a very successful job with their residential and commercial mailings. 20 - 00204c) October 22, 1991 Mr. Ijams stated that they would like to invite the Board of Trustees to visit their facility either this Thursday at 8:00 p.m. or next Monday at 8:00 p.m. for an open house to familiarize them as to how they operate. Perhaps they will then better understand what their needs are. Mayor Cresenzi questioned when the next meeting is between the three administrators and the ambulance corp. Administrator Russo stated that there is not another meeting scheduled as of now. Mr. Ijams stated that they had requested a notification date of October 31, 1991 as they need this information for their preliminary budget. They cannot afford to have another deficit next year. They have $30,000 saved for a new ambulance. They must act now in order to prepare for next year. Mayor Cresenzi stated he received a letter dated October 18 where the October 31st deadline is noted, however he would like to sit down with the members of the Board and the Ambulance Corp. first so that they may make any necessary adjustments. Mr. Ijams stated that both their staff and the Board of Directors are made up of volunteers. He added that the liaison person who was appointed for Rye Brook has not been active in their affairs in spite of repeated invitations by the Ambulance Corp. Mayor Cresenzi stated that he would rather not discuss that at this time as he has not been able to verify this with the individual involved. Mr. Ijams stated that they need a person appointed who can oversee and attend the regular meetings of the Board of Directors to make this whole deal more simple for everyone. We are available anytime and could set up a meeting with the Board Members. Mayor Cresenzi stated that the Administrators are involved on an ongoing basis, and perhaps maybe once a year, the Ambulance Corp. will have to meet with the individual municipalities and bring everyone up to speed as to what is happening as communication is not so good. Trustee Daly stated that she would very much like to become involved with this group as she is in the medical field herself. There are certain items that she may be of help with, however it is only fair that we get in touch with our current liaison and see what the situation is and if they are no longer available than she will certainly be available. 21 - J0204J October 22, 1991 Mr. Ijams thought that to be a good idea and urged the Board members to attend the open house on either Thursday or Monday at 8:00 P.M. Trustee Daly questioned how much money was raised from the fund-raising. Mr. Ijams stated that they expect to raise $65,000 from their residential mailings and another $10,000 from their commercial fund drives. Harriet Balter informed the Board that the Ambulance Corp. is located at 417 Ellendale Avenue if the Board is interested in attending the open house. Trustee Solomon questioned if the Block Grant for the Anthony J. Posillipo Community Center has gone to the Planning Board. Administrator Russo stated that they a need a response back from the County first and then will retain the architect to complete all the detailed drawings and plans. A resolution will be prepared for the November Board meeting and will also include the tentative time schedule, based on negotiations with the County as to the whole project. Trustee Solomon questioned where the Village was with the Ridge Street lighting. Mr. Russo replied that the lighting has been installed down to Ridge Boulevard. Trustee Solomon questioned when the Village will receive the first check from the sales tax resolution. Administrator Russo stated that the first payment is due in February. .The actual figures are not yet determined. Trustee Solomon inquired when the changes in the Codification would be given out to the Board members. Administrator Russo stated that he, along with Attorney Beane and Lori DeMarco will be meeting to formulate the full response with all the changes to General Code Publishers, who will then republish the pages with the amended changes and then the Board may officially adopt it. Trustee Solomon informed the Board that last evening Blind Brook passed their half of the Traffic Study in front of Blind Brook High School. He questioned how soon the Village could move ahead with that study. 22 - October 22, 1991 Administrator Russo stated that as soon as he receives word from them officially, the Traffic Consultants can proceed. i Trustee Solomon inquired as to the date of the first meeting of the Certiorari Committee. Mayor Cresenzi stated that he has not yet received any information regarding their first meeting date but when he is informed, the Board will be informed. ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the Meeting adjourned into executive session for personnel litigation at 9:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT Respectfully submitted, Elizhbeth Czajkowsci Secretary to the Village Board 23 -