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HomeMy WebLinkAbout1991-11-12 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING NOVEMBER 12, 1991 8;00 P.M. PLEDGE OF ALLEGIANCE ACTION RESOLUTIONS 1. DESIGNATING DATE OF VILLAGE ELECTION AND POSITIONS TO BE FILLED 2. SETTING PUBLIC HEARING DATE SVETKO IVANOV 82 VALLEY TERRACE SECTION 1, BLOCK 6B, LOTS 6-12 APPROVAL OF SUBDIVISION 3. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT FOR THE PURCHASE OF UP TO 3 MILLION GALLONS OF WATER FROM NEW YORK CITY ITEMS FOR NOVEMBER 26, 1991 RESOLUTIONS 1. NYS DIVISION FOR YOUTH STATE AID MUNICIPAL PROJECT APPLICATION 2. SETTING_DATE FOR DECEMBER VILLAGE BOARD MEETING 3. CHECK REGISTER APPROVAL OF MINUTES 4. OCTOBER 8, 1991 5. OCTOBER 22, 1991 RECYCLE! RECYCLE! RECYCLE! RECYCLE! RECYCLE! RECYCLE.! RECYCLE! MINUTES OF AN AGENDA MEETING 002051 BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 12, 1991 CONVENE MEETING The Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 8:05 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 Robert J. Ravich Trustee Randy A. Solomon Trustee Joseph Pellino was not in attendance at this meeting. Also present were: j Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't. to Village Administrator Edward F. Beane, Village Attorney Rocco V. Circosta, Director of Public Works Elizabeth Czajkowski, Secretary to Village Board Joseph Cortese, Village Treasurer, was not in attendance at this meeting. 002052 November 12, 1991 RESOLUTIONS 1. DESIGNATING DATE OF VILLAGE ELECTION AND POSITIONS TO BE FILLED On Motion made by Trustee Daly, seconded by Trustee Ravich, the following Resolution was 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; 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 17, 1992; and PLEASE TAKE FURTHER NOTICE that the offices to be filled are: Mayor (1) and Trustees (2) ; each for a two-year term of office commencing at noon on Monday, April 6, 1992 and concluding at noon on the first Monday in-April, 1994. By Order of the Board of Trustees Village of Rye Brook Salvatore M. Cresenzi, Mayor Christopher J. Russo, Village Clerk November 12, 1991 TRUSTEE DALY VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE PELLINO ABSENT 2 - 002053 November 12, 1991 2. SETTING PUBLIC HEARING DATE SVETKO IVANOV/82 VALLEY TERRACE. SECTION 1, BLOCK 6B, LOTS 6-12 APPROVAL OF SUBDIVISION On Motion made by Trustee Daly, seconded by Trustee Ravich, the following Resolution was adopted: RESOLUTION SETTING PUBLIC HEARING DATE SVETKO IVANOV 82 VALLEY TERRACE SECTION 1, BLOCK 6B, LOTS 6-12 APPROVAL OF SUBDIVISION RESOLVED, that a Public Hearing will be held by the Village of Rye Brook Board of Trustees on Tuesday, November 26, 1991 at 8:00 P.M. at the Village Office located at 90 South Ridge Street, Rye Brook to consider an application from Svetko Ivanov for Subdivision Approval of the property located at 82 Valley Terrace, Rye Brook, NY and also known on the Official Tax Map of the Village of Rye Brook as Section 1, Block 6B, Lots 6-12; TRUSTEE DALY VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE PELLINO ABSENT 3. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT FOR THE PURCHASE OF UP TO 3 MILLION GALLONS OF WATER FROM NEW YORK CITY on Motion made by Trustee Solomon, seconded by Trustee Ravich, the following Resolution was adopted: RESOLUTION PURCHASE OF WATER FROM NEW YORK CITY WHEREAS, the Village of Rye Brook, in conjunction with the Village of Port Chester and the City of Rye (collectively "the Municipalities") desire to reduce the cost of water purchased from New York-American Water Company; and 3 - 0020541 November 12, 1991 WHEREAS, in an effort to reduce the cost of water, the Village of Rye Brook, previously authorized New York-American Water Company to negotiate with the City of New York for an increase in the quantity of water purchased from the City of New York; and WHEREAS, Westchester County Water District No. 4 was officially created by the Westchester County Board of Legislators in 1985, but is not yet functioning; and WHEREAS, New York State Department of Environmental Conservation has issued a permit for New York-American Water Company, on behalf of the Municipalities, to receive up to three million gallons a day for water from the New York City water supply system through Westchester Joint Water Works; and WHEREAS, to that end, an "Agreement by the City of Rye, Village of Port Chester and Village of Rye Brook with the City of New York for a temporary supply of water" has been negotiated with the Department of Environmental Protection of the City of New York to obtain additional supplies of water, pending activation of Westchester County Water District No. 4; and WHEREAS, an "Agreement by and between the City of Rye, Village of Port Chester, Village of Rye Brook, and New York-American Water Company has been negotiated with New York-American Water Company for New York-American Water Company to assume, and perform the obligations of the Municipalities under the Agreement with the City of New York. NOW, THEREFORE, BE IT RESOLVED, that the Mayor, in accordance with the authority granted by this resolution, is hereby authorized to execute the "Agreement by the City of Rye, Village of Port Chester and Village of Rye Brook with the City of New York for a Temporary supply of Water" on behalf of the Village of Rye Brook; and be it FURTHER RESOLVED, that the Mayor, in accordance with the authority granted by this resolution, is hereby authorized to execute the "Agreement by the City of Rye, Village of Port Chester and Village of Rye Brook, and New York-American Water Company" on behalf of the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE PELLINO ABSENT - 4 - 020056 November 12, 1991 Mayor Cresenzi explained that we are currently receiving 2 million gallons of water from New York City and have now increased that to 3 million gallons, hopefully to offset the high cost of water that we currently have. Trustee Solomon informed the Board that we are getting a substantial hike in our water rate, as the Public Service Commission has granted New York American Water Company a 5.5 percent rate hike. It is very fortunate that we are entering into such an agreement at this time, he added. Trustee Daly inquired how much money the Village will be saving. Mayor Cresenzi stated that we are to be contracted with New York American Water, which is part of Connecticut American Water, and we have a rate demand of 8 million gallons per day. The Village will be charged what is called a rate charge, even though we will be purchasing one million gallons a day less. 4. NYS DIVISION FOR YOUTH STATE AID MUNICIPAL PROJECT APPLICATION Administrator Russo explained that we need to obtain authorization for the Mayor to sign the Grant Application and submit the project application. Every year we submit this application to receive $3,800, which is divided between the Youth Officer and Recreation programs. On Motion made by Trustee Ravich, seconded by Trustee Daly, the following Resolution was adopted: RESOLUTION N.Y.S. DIVISION FOR YOUTH STATE AID MUNICIPAL PROJECT APPLICATION RESOLVED, that Salvatore M. Cresenzi, Mayor of the Village of Rye Brook be, and hereby is, authorized to make application to the N.Y.S. Division for Youth for State Aid in the amount of $3805.00 to enhance Youth Services and Recreation in the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE PELLINO ABSENT - 5 - 002056 November 12, 1991 5. SETTING PUBLIC HEARING DATE DEDICATION OF THE ROADWAY IN DEER RUN On Motion made by Trustee Solomon, seconded by Trustee Ravich, the following Resolution was adopted: RESOLUTION SETTING PUBLIC HEARING DATE DEDICATION OF THE ROADWAY IN DEER RUN RESOLVED, that a Public Hearing will be held by the Village of Rye Brook Board of Trustees on Tuesday, November 26, 1991 at 8:00 p.m. at the Village Office located a 90 South Ridge Street, Rye Brook, Inc. as successor to Ken Loewentheil and Daughter, Inc. for the dedication of the Deer Run roadway located in the Deer Run Subdivision in Rye Brook, and also known on the official tax map of the Village of Rye Brook as Section 1, Block 12, Lots 1B1 A-2, 1 B-B, and 1B1-A. TRUSTEE DALY VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENLI VOTING AYE TRUSTEE PELLINO ABSENT 6. RIDGE BOWMAN ASSOCIATES VILLAGE OF RYE BROOK LEASE Attorney Beane stated that this resolution authorizes the Mayor to sign the lease when it is in correct form. He suggested that the Board pass the resolution this evening and then discuss the form of the lease. on Motion made by Trustee Ravich, seconded by Trustee Daly, the following Resolution was adopted: RESOLUTION RIDGE BOWMAN ASSOCIATES - VILLAGE OF RYE BROOK LEASE WHEREAS, the Village of Rye Brook desires to enter into a ten (10) year Lease Agreement with Ridge Bowman Associates concerning an office for it's Youth officer; and WHEREAS, a lease agreement by and between the Village of Rye Brook and Ridge Bowman Associates has been negotiated and prepared for signature of each party; 6 1 00205 t November 12, 1991 NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the Village of Rye Brook, in accordance with the authority granted by this Resolution, is hereby authorized to execute the Lease Agreement with Ridge Bowman Associates on behalf , of the Village of Rye Brook. Attorney Beane stated that it would be $1,200 per year for the first Len years. The Village then has the option for an additional five years at $2,400 per year. There are no other charges except a tax charge commencing with the beginning of the lease where we are to pay .33 of 1% of the total taxes in the building and if there is a reduction, according to the lease, the Village will be credited 67% of the .33 of 1%. We are the taxing entity, Attorney Beane added, so we are benefited by 100% of the taxes. Trustee Solomon questioned the purpose for this money. Attorney Beane stated that it is a number that they need for their books. The space cannot be used for anything except Youth Officer Space. We are only paying for gas and light. Administrator Russo explained that Ridge Bowman stated that their money lenders will not accept a lease without these provisions. Attorney Beane stated that there is also a provision where the landlord will construct a space for the Village and we repay hirci at $600 a month, interest free, until the construction is completed. The construction costs are estimated at $12,260. This was also budgeted for last year. He added that all of the provisions in the lease are defined and the numbers are very reasonable. Mayor Cresenzi added that the rent is low and a office for the Youth Officer will be built at no cost to the Village. Administrator Russo stated that the building owner has been gracious enough to lend us an office in another area of the building which we have been using free of charge for sometime now. TRUSTEE DALY VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE PELLINO ABSENT - 7 - 002058 November 12, 1991 ITEMS FOR NOVEMBER 26, 1991 PUBLIC HEARING 1. SVETKO IVANOV 82 VALLEY TERRACE SECTION 1, BLOCK 6B, LOTS 6-12 APPROVAL OF SUBDIVISION 2. KEN LOEWENTHEIL & DAUGHTER INC. SECTION 1, BLOCK 12, LOTS 1B1 A-2, 1B-B, AN 1B1-A ROAD DEDICATION OF DEER RUN RESOLUTIONS 3. SETTING DATE FOR DECEMBER VILLAGE BOARD MEETING 4. HONORING PEARL HARBOR WEEK DECEMBER 7 -14, 1991 5. CHECK REGISTER APPROVAL OF MINUTES 4. OCTOBER 8, 1991 5. OCTOBER 22, 1991 Trustee Solomon inquired the status on the Volunteer Ambulance issue. Mayor Cregenzi stated that part of the issue is contractual and would need to be discussed in Executive Session. Administrator Russo stated that a meeting was scheduled today but the Ambulance Corp. cancelled at the last minute. There has been no further discussion regarding the increase. Our representative, Sidney Braudy was informed of one meeting, which he attended and contributed to, came back and informed all three municipalities of the matters discussed, and the Ambulance Corp. has not contacted him since. Trustee Solomon stated that in regard to the compost fires, he did not know about them until three days after they occurred. He would appreciate being informed of serious fires in the area because if a resident were to approach him with a question, he would like to be able to help them. - 8 - 00205 November 12, 1991 Donald Brown, a 'volunteer fireman stated that the Fire Department never notified Board members in the past but it would probably be no trouble. Possibly, by Bob Gerardi, who is the Villages' Assistant Building Inspector and Asst. Fire Chief for the next six years could inform the Board of area fires or you could have a scanner in your home. Administrator Russo stated that the Board would have to speak to the Fire Department about- that and pass a policy if the Board felt it necessary to phone every member when a major fire takes place. Mayor Cresenzi added that if there is a severe accident, the Police notify Administrator Russo, who then notifies the Mayor, just so that they are aware of what is taking place. The Village Board does not get involved, as there are trained professionals to deal with these matters. Trustee Solomon replied that he is not saying that he wants to get involved in the situation, he would just like to know that a fire took place, and where it was. Mayor Cresenzi stated that to be very honest, he did not mean that Trustee Solomon would want to go out and ride a fire truck, what he meant was that he is not aware of any other municipalities that would notify their Board of Trustees of a routine brush fire. Trustee Solomon stated that according to the newspaper, this was not a routine brush fire, but a suspicious fire. We have been having a rash of leaf fires in this community. Mayor Cresenzi stated that he would prefer to leave the policy as is, however he has no problem negotiating on behalf of Trustee Solomon, with the Fire Department to notify him of any fires. Trustee Solomon stated that he would prefer to be notified by the Village Administrator and not burden the Fire Department. Mayor Cresenzi stated that an item entitled Fire/Emergency Notification Policy should be added to the Discussion section of the November 26, 1991 Agenda. Trustee Daly questioned if it was possible to have a person serve on both a Council and a Commission, as Thomas Josephson is on both the youth Council and the Recreation Commission. Donald Brown, informed the Board that on Magnolia Drive there is a work truck, uncovered, in the driveway, which is against the law of the Village of Rye Brook and should be enforced. Rocco Circosta, Director of Public Works stated that the Village is aware and will issue a summons. 9 - 0020610 November 12, 1991 Mr. Brown also questioned if there were provisions for water retention in regard to the subdivision at St. Pauls Lutheran Church and where that water was going to. That area has always been flooded and another street full of water dumped there will only create more problems. Mayor Cresenzi stated that he cannot- answer him right now, as the Public Hearing was a while back. The figures were verified by F.P. Clark to be 110 o retention as is in our normal subdivision regulations. This will be looked into, as to the correct figures. Mr. Brown also commented that the odor at the compost pile is atrocious. He spoke to Mr. Circosta but feels something else should be done. Mayor Cresenzi explained that over fifty percent of the leaves will be trucked out by December to try to reduce all problems. Administrator Russo added that the Village is looking into a new material that the City of Rye is using which speeds up the process and reduces the odors. They are also planning on tub grinding the materials to get rid of it even quicker. Trustee Solomon inquired if the company that trucks materials away for free has been contacted. Administrator Russo replied that they were unsuccessful in contacting that company, however we have made the same arrangements with a company which is much closer. Mayor Cresenzi stated that if the Village was able to obtain a site further up King Street, they would move the compost site right away. This is only a temporary measure until we can find something better. Madeline Rand, a resident of Hillandale Road, stated that she lives across the street from the property on Hillandale Road, which is supposedly contaminated. There was supposed to be a major clean up and vacuuming and so far there has been none. She phoned the Environmental Protection Agency and has not even been able to get to first base with them. She demanded to know the status of this matter. Attorney Beane stated that to the best of his knowledge the primary agency handling this matter is the New York State Department of Environmental Conservation. The Environmental Protection Agency is not the lead agency on this matter, and are not set up to handle this type of a problem. He will contact the Department of Environmental Conservation tomorrow and then contact Mrs. Rand with whatever information he receives. The process has been stopped and everything visible has been removed. The District Attorney's Office was involved and we were asked by the District Attorney to let them take the lead because the Village's authority, based on our ordinance, is very limited. The Department of Environmental Conservation and the District Attorney were better equipped to handle this matter. 10 - 00200:1 November 12, 1991 Mrs. Rand stated that her property was tested by the Environmental Protection Agency and there was no problem, however 37 Hillandale was tested and there was a minor problem with the property. She then requested a quantified report and has received nothing from them accept assurance that she will be receiving information soon. Attorney Beane stated that all he can do is phone the Environmental Protection Agency and use whatever persuasive authority a Village as opposed to an individual may have. Trustee Solomon suggested that a resolution be put on the November 26, 1991 Agenda, establishing Pearl Harbor Week, having the flags at half mast for the week of December 7th to the 14th. This has already been adopted by the Town of Rye, the City of Rye and the Village of Port Chester. Mayor Cresenzi agreed with Trustee Solomon and added this item to the agenda of the 26th. ADJOURNMENT On Motion made by Trustee Ravich, seconded by Trustee Daly the meeting adjourned into executive session at 8:40 p.m. CONVENE MEETING Mayor Cresenzi reconvened the Meeting at 9:10 p.m. and on Motion made by Trustee Solomon, seconded by Trustee Daly, the following Resolution was adopted; RESOLUTION AUTHORIZATION TO PAY WORKERS' COMPENSATION AWARD WHEREAS, Mr. Frank Albanese filed a Workers' Compensation claim against the Village of Rye Brook for an injury lie incurred on or about February 1, 1984, which proceeding has been before the Workers' Compensation Board since on or about that date and is designated as Workers' Compensation Case No. 08415829; and WHEREAS, after a number of hearings, on or about June 17, 1991, the Workers' Compensation Board issued an award in favor of Mr. Albanese in the amount of $22,990.05, without prejudice to the Village of Rye Brook's right to seek reimbursement of all or part of that Award from the New York State Insurance Fund, the insurance carrier for the Town of Rye in and about February 1, 1984; and WHEREAS, the Village of Rye Brook and claimant Albanese have reached a resolution of this claim; - 11 - 002002 November 12, 1991 NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the Village of Rye Brook, in accordance with the authority granted by this Resolution, is hereby authorized to execute the Settlement Agreement on behalf of the Village; and it is FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay the claim in accordance with the terms of the Settlement Agreement reached between the Village and claimant Albanese. TRUSTEE DALY VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE PELLINO ABSENT On Motion made by Trustee Daly, seconded by Trustee Ravich, the meeting was adjourned at 9:20 p.m. Respectfully submitted, uti-�� ujat Elizabeth Czar o ski Secretary to the Village Board - 12 -