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HomeMy WebLinkAbout1993-11-09 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING NOVEMBER 9,1993 i 6:30 P.M. i PLEDGE OF ALLEGIANCE ACTION EXECUTIVE SESSION 1. LEGAL MATTERS 7:30 P.M. PUBLIC HEARINGS I 2. MERRITT & HOLBY, INC. 200 SOUTH RIDGE STREET RYE RIDGE SHOPPING CENTER DRIVEWAY INTERCONNECT 3. MERRITT & HOLBY, INC. RYE RIDGE SHOPPING CENTER SITE PLAN AMENDMENT FREE STANDING SIGN 4. MOBIL OIL CORPORATION RIDGE STREET/BOWMAN AVENUE PROPOSED WALL SIGN 5. DR. STEVEN KLEIN 81 BOWMAN AVENUE SPECIAL USE PERMIT 6. PROPOSED INTRODUCTORY LOCAL LAW #7-1993 ENTITLED: SOLID WASTE AND RECYCLING RESOLUTIONS 7. APPROVAL OF DONATIONS TO THE ANTHONY J. POSILLIPO RECONSTRUCTION FUND 8. APPROVING FIRE CONTRACT WITH THE VILLAGE OF PORT CHESTER 20 i 9. SETTING PUBLIC HEARING DATE ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R LOT - MAINTENANCE AREA 10. DESIGNATING DATE OF VILLAGE ELECTION AND OFFICES TO BE FILLED 11. APPROVING PAYMENT FOR H.V.A.C. ANTHONY J. POSILLIPO COMMUNITY CENTER 12. APPROVING PAYMENT FOR GENERAL CONSTRUCTION i ANTHONY J. POSILLIPO COMMUNITY CENTER 13. CHECK REGISTER i WRITTEN COMMUNICATION 14. ANN FABRIZIO, AMERICAN RED CROSS RE: REQUEST FOR SIGNAGE 15. MICHELE FISCELLA, PRESIDENT RYE RIDGE SHOPPING CENTER MANAGEMENT ASSOCIATION THANKSGIVING DAY PARADE ITEMS FOR NOVEMBER 23, 1993 PUBLIC HEARING 1. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R LOT - MAINTENANCE AREA RESOLUTIONS 2. APPROVAL OF POLICE RULES & REGULATIONS DISCUSSION 3. PROPOSED WETLANDS ORDINANCE REPORT 4. BIRTHDAY COMMISSION CHAIRMAN RE: CHANGES TO BIRTHDAY CELEBRATION TUESDAY, NOVEMBER 16, 1993 - 7.30 P.M. RYE HILLS PARK COMMITTEE i MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 9, 1993 CONVENE MEETING The Meeting was called to order at 7:35 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: 3 Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Lori Ann DeMarco, Ass't to Village Administrator Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to the Village Board Joseph Cortese, Village Treasurer was not in attendance at this meeting. i 1 November 9, 1993 ( �� PUBLIC HEARINGS 2. MERRITT & HOLBY, INC. 200 SOUTH RIDGE STREET RYE RIDGE SHOPPING CENTER DRIVEWAY INTERCONNECT Mayor Cresenzi opened the Public Hearing at 7:30 p.m. and explained that this hearing was originally scheduled in October, however, due to a mix up regarding proper notification, the two Merritt & Holby public hearings were not held and the hearings were adjourned to tonight. Frank McCullough stated that Merritt & Holby are building a new shopping center on Ridge Street, located immediately adjacent to the existing shopping center. In the resolution of approval dated June 23, 1992, the applicant was directed to make application to this Board or amend the plans to include an interconnect, which has been done. The Planning Board has previously approved the interconnect and we reviewed this with the Village Board and on October 28, 1993 and various changes were made. We believe that the interconnect will reduce congestion on Ridge Street and will allow for safe ingress and egress to the center. Mayor Cresenzi asked the Board members and the public if they had any questions or comments. Trustee Zuckerman stated that many questions were raised and answered on October 28, 1993 at the informal public hearing. Mr. DeGiacomo questioned where the new driveway was going to be. Mr. DeAndrea, the engineer for the site explained that the new driveway was going to be lower but longer. Trustee Daly questioned if Mr. McCullough looked into putting boulders on Crescent Place. Mr. McCullough replied yes and that it would be done. j Trustee Solomon questioned if we could pick up the fence on Crescent and restore it or clear it away. He added that someone should check the trees to make sure no more trees fall. Mr. McCullough stated that they would look into the fence and added that they have already checked into the tree problem and are currently taking care of it. Mr. DeGiacomo questioned if the interconnect would effect the bank parking lot and if there was going to be enough room. Mr. DeAndrea stated that it would not effect the parking lot at all. The existing curb and spaces will be restriped and will have the 22 foot lane to back out of which is more than enough space. The island will be 22 feet away from the back of the cars and 40 feet away from the back of the curb. 2 I, I November 9, 1993 Ub b(Q)06 Mr. Benvenuti questioned how the many trucks will get into the shopping center. Mr. McCullough explained that the trucks will come in the main entrance of the center, go around the center, or come in off Bowman Avenue. Mr. Benvenuti stated that with people coming in and out of the bank and the many cars, it will be very hectic. Mr. McCullough stated that we are here tonight, at the direction of the Village Board. This is a recommendation from the Village Planning Board and Planning Consultant. This is not our idea. Trustee Solomon questioned if we could require that all trucks come in on Bowman Avenue. Mayor Cresenzi stated that the radius required for a vehicle of that size must be taken into consideration. Mr. Gissen stated that according the Mr. Galante, the trucks can get through the main entrance of the Rye Ridge Shopping Center with one maneuver and do not have to back up at all. Mr. DeGiacomo questioned if the lights at the Food Emporium are going to be synchronized with the other lights because he has difficulty getting out of his driveway. Mr. Circosta stated that all three lights are going to be time coordinated. On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the Public Hearing was closed at 8:05 p.m. with an approval resolution to be ready for the November 23, 1993 meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. MERRITT & HOLBY, INC. RYE RIDGE SHOPPING CENTER SITE PLAN AMENDMENT FREE STANDING SIGN Mayor Cresenzi opened the Public Hearing at 8:05 p.m. Jim Staudt, of McCullough, Goldberger and Staudt stated that the sign has been before the Planning Board and the Architectural Review Board and approved by both. At the last Village Board meeting, we were advised by the Village that the required sizing for the sign is no more than twenty square feet, so we will take the existing sign design and make it 5 feet by 14 feet. 3 i cx ) i November 9, 1993 ' Mayor Cresenzi stated that the sign will conform with the new sign ordinance and asked for a motion. On Motion made by Trustee Pellino, seconded by Zuckerman, the Public Hearing was closed at 8:10 p.m. with an approval resolution to be ready for the November 23, 1993 meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. MOBIL OIL CORPORATION RIDGE STREET/BOWMAN AVENUE PROPOSED WALL SIGN Mayor Cresenzi stated that upon a request made by Mobil Oil for an adjournment, the Public Hearing would be adjourned to the November 23, 1993 meeting. Trustee Zuckerman stated that in reading the material for this particular sign, a statement had been made that it conform to the current sign law. That sign law was the law prior to the adoption of the new one so I would request that prior to coming back to this Board that they amend the sign so that it complies with the current sign law requirements. Mr. Circosta agreed and stated that they are aware of this. 5. DR. STEVEN KLEIN 81 BOWMAN AVENUE SPECIAL USE PERMIT i Mayor Cresenzi opened the Public Hearing at 8:15 p.m. John Crouch stated that he is the Architect representing Dr. Steven Klein for the conversion of a single family residence into a Dentist's Office on Bowman Avenue. He presented his receipts and a list of residents that were notified by certified mail. This project has been presented to the Planning Board and approved by our consultants, Frederick P. Clark Associates. Mr. Crouch added that the single family residence is located on the corner of Bowman Avenue and Division Street. We are not increasing the size of the building with the exception of enclosing the front porch to give more usable front area and we are not increasing the footprint of the building. The site is blessed with beautiful plantings and they provide nice screening from the road. The sideyard on Division and Bowman will be used for patient parking and also for Dr. Klein's dental assistants. He explained that the intention is to maintain the same scale of a small residential house but to convert it within the guidelines of the Zoning and Planning Ordinances of the Village of Rye Brook so that Dr. Klein can use it as his professional office. 4 i November 9, 1993 005008 Trustee Daly questioned if Dr. Klein will be the only person using the premises. Mr. Crouch replied yes. Mr. DeGiacomo questioned the parking on the site. Mr. Crouch stated that there are four parking spaces. Originally there were five but New York State said that we should create an 18 foot wide handicapped parking space so we lost the fifth space. Also with the garage, that makes a total of five spaces right now. Trustee Daly questioned if Dr. Klein would be living there as well. Mr. Crouch stated that originally Dr. Klein thought about adding a second floor and living there but has decided against it. Trustee Daly questioned if the remainder of the space would be rented out or just strictly a Dental Office. Mr. Crouch replied that no space would be rented out and it would be strictly a Dental Office for Dr. Klein's own use. i Mr. Langworth of 11 Division Street questioned how the entrance and exits were determined. Mr. Crouch stated that we looked at two patterns. One was to enter off of Bowman and exit onto Division Street but we rejected that because it seemed to put too much of a load onto Division Street forcing people to turn into Dr. Klein's Office and then forcing them to go down Division Street to Westchester Avenue, which is very difficult. The suitable alternative is to proceed down Division Street to enter the property and exit onto Bowman Avenue opposite Barber Place. Trustee Daly questioned the hours of operation and if we have a law that regulates that. Mr. Circosta, Director of Public Works stated we do not have any regulations that regulate the hours of operation, however this is an application for a special use permit and the Board can make any determinations. j. i Trustee Pellino questioned if Dr. Klein plans on having Saturday hours at the premises. Dr. Klein stated that he does have Saturday hours from 8:00 a.m. to 2:00 p.m. and one evening on Thursday until 8:00 p.m. He is currently located at 250 Westchester Avenue in ' Port Chester. He added that he lives in New Rochelle and he had hoped to move into the home on Bowman Avenue but the price exceeds $70,000.00 which is too expensive. Trustee Pellino stated that in reading some of the comments from Frederick P. Clark Associates, the number of parking spaces that are being proposed for this site would limit the number of Doctor's operating the practice to one Dentist. Is it your intention that you will be the sole practitioner in this building. 5 November 9, 1993 005009 Dr. Klein stated that he, a receptionist and a dental assistant will be the only people other than the patients which he schedules one per hour. Trustee Zuckerman stated that in the future there may be a Senior Citizen Housing Development up the street and it may be very convenient for them to have professional services within walking distance so it may be beneficial for people in the entire area to be able to walk to a medical professional. Mr. DeGiacomo stated that there are too many Special Use Permits given out. Mayor Cresenzi stated that any person that is a professional residing in a home in the Village of Rye Brook, regardless of what zone his home is in, is entitled to have an office in his house but in Dr. Klein's case, where he does not live in the building, it is only permitted by Special Use Permit on Bowman Avenue and Westchester Avenue. We are dealing with an area where you have two gas stations there by Special Use Permit. One is contemplating some type of an expansion which would have an impact on the area. The number of special use permits can have an overall effect on the quality of life in the area. I feel that the impact of this particular permit would be minimal to the surrounding neighborhood, but the Board must continue to keep any eye on this. Trustee Zuckerman stated that this is also an argument for getting into a process for master planning and making a determination as to what the best uses are in any particular area. Mayor Cresenzi replied that Trustee Zuckerman was correct, however he remembers when Trustee Zuckerman voted "no" on a curb sign for Mobil Oil on Bowman Avenue because of, lighting concerns and the impact on a residential neighborhood. I disagreed but you were not totally wrong and what we have got to do is keep track of the impact that we impose on a neighborhood. Trustee Pellino stated that he also voted "no" on the Mobil sign. The plan shows a building I.D. sign next to the proposed driveway. It will be 12 inches by 24 inches which is 2 square feet and 42 inches above the ground. We should make sure that this sign conforms to the height requirements of our new sign law. He questioned if this sign would be illuminated in any way. Mr. Crouch stated that it will be illuminated from the ground, not internally. There will be a low ground mounted sign light that would shine up onto the sign. Trustee Pellino questioned during which hours the sign would be illuminated. Dr. Klein stated that at this time, he has no intention of putting an illuminated sign on this property. Trustee Pellino recommended that in any approval resolution that comes before this Board that it be a condition that the sign not be illuminated. Mr. Langworth stated that he lives next door to the premises and questioned how the exit and the entrance-would be identified. 6 November 9, 1993 Mr. Crouch stated that the applicant could put small signs showing where the exit is and where the entrance is. Trustee Pellino questioned who the owner of the property is. ` Mr. Crouch replied that Dr. Klein is the owner. i Mr. Gissen stated that the size and height of the sign are conforming, however based upon the new law they are too close to the road. i Mr. Crouch stated that the sign will be moved. A resident questioned if there is an overflow of parking, would the cars park on Division i Street. Dr. Klein stated that there really won't be an overflow of parking because there would only be himself and two other persons and one patient which there are a sufficient amount of spots for. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the Public Hearing was closed at 8:25 p.m. subject to an approval resolution to be available on Tuesday, November 23, 1993 at the regular Board meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. PROPOSED INTRODUCTORY LOCAL LAW #7-1993 ENTITLED: SOLID WASTE AND RECYCLING Mayor Cresenzi opened the Public Hearing at 8:25 p.m. i Administrator Russo stated that it is a requirement that we adopt the County Law to be able to make the recycling program mandatory, be able to enforce it in our Code book and to allow the County to handle the licensing of this entire system. On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the Public Hearing was closed at 8:30 p.m. subject to an approval resolution to be available on Tuesday, November 23, 1993 at the regular Board meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7 I November 9, 1993 00501 -1 I RESOLUTIONS 7. APPROVAL OF DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND RESOLVED, that the following donation in the accompanying list is hereby accepted for he Anthony J. Posillipo Community Center Reconstruction Fund: ANTHONY J. POSILLIPO COMMUNITY RECONSTRUCTION FUND Proceeds from the sale of Art Work donated by: $45.00 Dr. Jack Brill 14 Rye Ridge Plaza i Rye Brook, NY 10573 I Total of this resolution....................................................$45.00 Trustee Solomon questioned what the total amount was in the Reconstruction Fund. Ms. DeMarco stated that currently, the amount is slightly higher than $13,000.00. TRUSTEE DALY VOTING AYE i TRUSTEE PELLINO VOTING AYE j TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. APPROVING FIRE CONTRACT WITH THE VILLAGE OF PORT CHESTER Trustee Zuckerman suggested that this item be tabled because he did not want to vote against the fire service contract, however as we discussed at the last meeting, we have not moved forward with a new method of developing a proper formula for permanently determining the Rye Brook contribution to the Village of Port Chester Fire Department. We should ask either the Fire Liaison Committee to meet with their counterparts and report back that some progress has been made on this issue or, ask that the Mayor meet with Mayor Branca of Port Chester and return with at least a statement that progress has been made on a formula so that we can then take up the fire service contract. 8 November 9, 1993 0 0 5 01 Trustee Solomon stated that he supports what Trustee Zuckerman is saying and added that he would like to see some negotiations between Port Chester and Rye Brook before we ratify this contract. Trustee Daly stated that we have already made the first of three payments and we need to think about the public safety issue first. She added that she also would like to negotiate with the Village of Port Chester, but we need Fire Service and they are not mandated to provide us with fire service if we don't have a contract. Trustee Solomon stated that according to many of the Village Officials of the Village of Port Chester, there is no intention of them to pull our fire service and they are as eager as we are to negotiate but just have different priorities than we do. Trustee Pellino added that he has been trying to set up a meeting since Labor Day. Trustee Solomon reiterated that negotiations are in order. i Trustee Pellino stated that even though Port Chester accepted our first payment at the old rate, that is only good until the time that the next payment is due. We have been given the opinion that they are not obligated to accept that second payment if we elect to pay under the terms of the old contract and I think that is an irresponsible act on our part not to have a contract in place for a set amount of money. Tabling this tonight will not make them any less or more anxious to meet with us next week, we simply have to keep the pressure on. Trustee Zuckerman stated that since the next payment is due January 31, 1994 there is no great pressure to approve this contract tonight. It is also irresponsible to proceed without a formula. Mayor Cresenzi stated that if Port Chester was willing to stand by many of the guarantees that they have promised, they would not have raised the contract to begin with because the original agreement that we had was for the contract to remain in effect at the old rate until we established a new formula. He added that since they raised the price and changed the ground rules, the ground rules may not be as stable as you may think and we should not operate under word only. We owe the community a guarantee of comfort and public safety and we should really approve the fire contract this evening. He added that he and Administrator Russo met with Mr. Graessle, the new Port Chester Village Manager and the only issue that we discussed was fire. We discussed potential formula's and payment schedules and the concept of a comprehensive study by the State of New York to come in an } evaluate the service in both Villages and if there were any savings made, it would benefit both communities. Mr. Graessle has taken those suggestions back to Mayor Branca and the Port Chester Village Board and we are waiting to hear from him. The only insurance that we would have that fire protection would be available is if we have a signed contract. Trustee Solomon stated that the Port Chester Fire Department has over a hundred years of tradition of servicing our area. Many of their members have family in Rye Brook and I don't think that they would even consider pulling the fire service. The only way we would lose their service would be if we choose to do our own fire service and I feel that this could wait. 9 November 9, 1993 I Trustee Zuckerman stated that if the Village Manager is going to be talking with the Mayor and Trustees of Port Chester, I would hope that a meeting could be set up soon. i i Mayor Cresenzi stated that he is not willing to leave fire service to chance, he wants to protect the residents. On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, a motion was made to table the resolution approving the fire service contract with the Village of Port Chester. TRUSTEE DALY VOTING NAY TRUSTEE PELLINO VOTING NAY TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING NAY On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPROVING FIRE SERVICE CONTRACT WITH THE VILLAGE OF PORT CHESTER RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with the Village of Port Chester for the furnishing of fire service from June 1, 1993 to May 31, 1994 under which the Village of Rye Brook would pay the sum of$568,252.00 payable in 3 equal installments on September 30, 1993, January 31, 1994 and May 10, 1994; 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; and it is FURTHER RESOLVED, that the Village Administrator is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING NAY TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE 10 November 9, 1993 005014 I 9. SETTING PUBLIC HEARING DATE ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R LOT - MAINTENANCE AREA On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA RESOLVED, that a public hearing be held on Tuesday, November 23, 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 a site plan application to construct a Maintenance Area at their premises. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Zuckerman stated that the Arbors land is owned by the Blind Brook School District and is on a short term lease which expires in the year 2002. He questioned what relationship this Village Board has with the school district in approving this. Perhaps they will need a school board resolution to approve this. Attorney Powell stated that if this Board wishes to have a school board resolution as a backup, we can simply request Dr. Haas to provide the resolution of approval with his signature on the site plan. i 10. DESIGNATING DATE OF VILLAGE ELECTION AND OFFICES TO BE FILLED On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION VILLAGE ELECTION WHEREAS, pursuant to Section 15-104, Sub. 3(a) of the Election Law, the Village Clerk shall, at least four months prior to the General Village Election, publish a notice designating the date of the Village Election, the office(s) to be filled at such election and the term(s) thereof: 11 November 9, 1993 j 0 6 Ci 1 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes that the following Public Notice be posted and also published in the Daily Item and in the Westmore News, the Official Newspapers of the Village of Rye Brook: PUBLIC NOTICE PLEASE TAKE NOTICE that the next General Village Election in the Village of Rye Brook is to be held on Tuesday, March 15, 1994; and PLEASE TAKE FURTHER NOTICE that the offices to be filled are: Mayor (1) and Trustees (2); for a two-year term of office commencing at noon on Monday, April 4, 1994 and concluding at noon on the first Monday in April, 1996. By Order of the Board of Trustees Village of Rye Brook Salvatore M. Cresenzi, Mayor Christopher J. Russo, Village Clerk TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 'I 11. APPROVING PAYMENT FOR H.V.A.C. s ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: - i RESOLUTION APPROVING PAYMENT FOR H.V.A.C. ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that payment in the amount of $1,425.00 be hereby approved and made to Hi- Tech, H.V.A.C. Systems Inc. for costs associated with the construction 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 12 November 9, 1993 12. APPROVING PAYMENT FOR GENERAL CONSTRUCTION t ANTHONY J. POSILLIPO COMMUNITY CENTER I On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROVING PAYMENT FOR CONSTRUCTION ANTHONY J. POSILLIPO COMMUNITY CENTER i RESOLVED, that payment in the amount of $82,624.15 be hereby approved and made to Marathon Orbit, Inc. for costs associated with the General Construction of the Anthony J. Posillipo Community Center. j TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was 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; I On-Line Checks: 7748-7824 Payroll Checks: 11233-11428 Manual Checks: NONE Environmental: NONE Recreational Trust: NONE Capital Pre Paid: NONE 4 Capital: 2091-2093 Birthday Run: NONE NOW, THEREFORE, BE IT t RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. 13 i t November 9, 1993 � � W Trustee Pellino questioned what the money regarding the Ellendale property was for. i i Administrator Russo stated that it related to the closing for the purchase of the Ellendale lots. Attorney Powell stated that there were adjustments on the taxes on closing. One of the taxes, at the time of closing the school budget had been adopted, but the tax warrant had not come so they had to estimate what that tax would be and pay the tax. The property does not come off of the tax roll until the tax status is changed. This is the final payment that we will have to make. Mayor Cresenzi stated that he would be abstaining from this vote because the register includes a payment to his son for video taping the meetings and he did not feel it was appropriate to vote. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI ABSTAIN WRITTEN COMMUNICATION 14. ANN FABRIZIO, AMERICAN RED CROSS RE: REQUEST FOR SIGNAGE Trustee Daly stated that this event is being held in Tarrytown and questioned if that was appropriate. She questioned how long the sign would be up. Administrator Russo replied that the sign would be up for two weeks at the beginning of November. The Board granted permission to the American Red Cross for signage. 15. MICHELE FISCELLA, PRESIDENT RYE RIDGE SHOPPING CENTER MANAGEMENT ASSOCIATION THANKSGIVING DAY PARADE The Board granted permission to use the Village roads for the annual parade. 14 November 9, 1993 16. ATRIUM ASSOCIATES TAX CERTIORARI'S On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION ATRIUM ASSOCIATES TAX CERTIORARI'S RESOLVED, that the settlement of the tax certiorari petitions filed by Atrium Associates at Rye Brook concerning the premises known as Section 1, Block 6, Lot 2A.1, Map 5 otherwise known as 900 King Street for assessment years 1992, and 1993 (tax years (1992- 1993 and 1993-1994) is hereby approved as follows: Assessment Original Settlement Year Tax Year Assessment Assessment Reduction 1992 1992/1993 1,325,000 560,000 765,000 1993 1993/1994 1,325,000 560,000 765,000 i Approximate Tax Refund (Village) $142,275 and it is; FURTHER RESOLVED, that Village Counsel is authorized to execute all documents necessary or appropriate to accomplish this settlement. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 17. SETTING PUBLIC HEARING DATE PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: A LOCAL LAW AMENDING CHAPTER 186 OF THE CODE OF THE VILLAGE OF RYE BROOK AND THE ZONING LAW TO REGULATE PARKING AND STORAGE OF COMMERCIAL VEHICLES, RECREATIONAL VEHICLES, BOATS AND TRAILERS AND JUNKED MOTOR VEHICLES. On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: 15 November 9, 19930 01 510 1; RESOLUTION SETTING PUBLIC HEARING DATE PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: A LOCAL LAW AMENDING CHAPTER 186 OF THE CODE OF THE VILLAGE OF RYE BROOK AND THE ZONING LAW TO REGULATE PARKING AND STORAGE OF COMMERCIAL VEHICLES, RECREATIONAL VEHICLES, BOATS AND TRAILERS AND JUNKED MOTOR VEHICLES. RESOLVED, that a public hearing will be held on Tuesday, November 23, 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 proposed Introductory Local Law #8-1993 entitled: A Local Law amending Chapter 186 of the Code of the Village of Rye Brook and the Zoning Law to regulate parking and storage of commercial vehicles, recreational vehicles, boats and trailers and junked motor vehicles. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE i ITEMS FOR NOVEMBER 23, 1993 PUBLIC HEARING 1. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R LOT - MAINTENANCE AREA 2. SETTING PUBLIC HEARING DATE PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: A LOCAL LAW AMENDING CHAPTER 186 OF THE CODE OF THE VILLAGE OF RYE BROOK AND THE ZONING LAW TO REGULATE PARKING AND STORAGE OF COMMERCIAL VEHICLES, RECREATIONAL VEHICLES, BOATS AND TRAILERS AND JUNKED MOTOR VEHICLES. RESOLUTIONS 3. APPROVAL OF POLICE RULES & REGULATIONS 16 November 9, 1993 i 4. SETTING PUBLIC HEARING DATE PROPOSED INTRODUCTORY LOCAL LAW k9-1993 ENTITLED: A LOCAL LAW AMENDING SECTION 66-36 OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR THE PURCHASE OF DWELLING UNITS IN CONNECTION WITH A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT SENIOR HOUSING LAW DISCUSSION 5. PROPOSED WETLANDS ORDINANCE REPORT 6. BIRTHDAY COMMISSION CHAIRMAN RE: CHANGES TO BIRTHDAY CELEBRATION Mayor Cresenzi stated that the County has decided to reopen the IDA. Administrator Russo, ' Attorney Powell and myself had a meeting on Friday afternoon with Mr. Capelli where we were discussing the IDA financing and the numbers and so on. Basically there has been some downward movement on the payments to the County and there was a proposed downward movement on the payment to the Village in the tune of one third so the County is going to be getting roughly a third less and there was a proposal that the Village take a reduction of one third off of the $40,000 dollars because of the way the funding worked out. The original $40,000 dollar recommendation was based on a higher bonding number. Administrator Russo added that it was based on the 18 million dollars being tax exempt and there are only certain amount of expenses that can be tax exempt based on the law. Mayor Cresenzi stated that after some discussion, we were able to restore the 40 thousand j dollar payment to the Village so if we were to go forward with the IDA funding, the 40 thousand number that we have been speaking about for months is back on the table. We were dealing and negotiating just for the Village right now, the County would be taking the third less and we would be getting the full $40,000 dollar payment. With the new lease that came out of the County there is a provision that allows Westchester County to purchase the garage back during the seventh, fourteenth and twenty first year at which case the $40,000 payment to the Village would cease. We were seeking a guarantee to the Village regarding the $40,000 payment throughout the life of the thirty year lease. Administrator Russo added that the funding would go away if the garage was sold or refinanced. We were able to renegotiate so that now, if that happens at any point during the term of the lease, we would get a 250,000 payment right out if that arrangement should change. Those would be the documents that would be prepared for the Board's approval as soon as possible. Mayor Cresenzi questioned if it was a consensus of the Board to go forward and all members agreed. He added that we could go into executive session to discuss the taxability issue. 17 i November 9, 1993 Administrator Russo stated that he would give Mr. Capelli positive word that we will accept this deal at $40,000 per year with the $250,000 if that should change. He added that if the County Board changed their lease agreement and they decided to sell in the twelfth year, you would still get that payment. Trustee Zuckerman questioned the guarantees and stated that he assumed it would be a moneymaking proposition that if the entity should go bankrupt or otherwise, what guarantee of payment would we have. j Attorney Powell stated that in reference to the $40,000 a year payment as he understood it, the rents of the facility would be handled by a Trustee of the bond and the agreement was that the Village would be written into that custody agreement and would receive money before the developer received any money. The obligation to the Village would take precedence over the developer. That, of course pre-supposes that there are rents generated by the facility and if that facility does not generate any rents, the trustee would not have money. As far as the quarter of a million dollar payment, Mr. Capelli is prepared to personally guarantee it but one of the issues is that if the lease goes into a default then the garage is transferred back to the county for a default on the lease. i Trustee Solomon questioned if that was still up for negotiation. Attorney Powell replied yes. Trustee Solomon questioned if we could firm that up by saying no matter what, we receive the $250,000. Administrator Russo stated that we could not do that because if it goes bankrupt, the revenue is not there. Attorney Powell stated that if there is a sale of the garage or a transfer it is my understanding that the commitment that the Village would receive the $250,000 payment and that it does not matter when that occurs, however if there is a default under lease and there is an automatic reverter under the transaction, I don't know every detail of this transaction. Administrator Russo stated that he would contact Mr. Capelli. Mayor Cresenzi announced that there will be a worksession on November 16, 1993 at 7:30 p.m. with the Rye Hills Park Committee at Village Hall. Trustee Solomon questioned when the budget meeting with the Treasurer was going to be rescheduled to. Administrator Russo suggested that we hold the budget meeting on November 16, 1993 at 8:30 p.m. We need to have the meeting to discuss how we want to proceed with the financing of the Anthony J. Posillipo Community Center and a few preliminary budget matters. He added that the meeting should not be longer than one hour and that both meetings would be published in the newspaper. 18 i November 9, 1993 fts'- z Mr. DeGiacomo stated that the fire lane at Rye Ridge Shopping Center is always full of parked cars and the Police do not ticket them. It would be very difficult for a fire engine to come through. Chief Santoro stated that he gets many complaints because they give too many tickets. The only part of Rye Ridge Shopping Center where cars belong is in front of Finast to pick up their groceries. Trustee Zuckerman stated that there are a few handicapped signs in Rye Ridge Shopping Center that have fallen down. The ones nearest to the hardware store have been missing for six months and should be replaced. Chief Santoro stated that he would look into that. Trustee Zuckerman stated that in reference to the letter written by Nita Lowey he has been in contact with her office and was informed that there is federal money available for parks and playgrounds and all types of things to develop open space. He added that he attended the Growth by Design Conference at Texaco last week which he found very interesting. A lot of what was said might not apply to Rye Brook but the theory of developing retro-fitting shopping center to make it more like a Village. Zoning Codes and Planning, Zoning and Village Boards were designed to stop development which is a good thing because most developers are not doing a good job. There should be a videotape available very soon which I think that we should obtain. Mayor Cresenzi stated that Administrator Russo is currently looking into obtaining the tape. Trustee Zuckerman stated that there is also a proposed Village ordinance that might be worth reviewing. He then referred his packet of information to Administrator Russo to distribute to the Village Board. ADJOURNMENT 7 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman meeting was adjourned at 9:35 p.m. into Executive Session for Certiorari litigation. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, e Ph Elizabd h Bottali Secretary to the Village Board 19