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HomeMy WebLinkAbout1993-11-23 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING NOVEMBER 23,1993 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1 f 11. MOBIL OIL CORPORATION 1{{ RIDGE STREET/BOWMAN AVENUE PROPOSED WALL SIGN 2. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R i LOT - MAINTENANCE AREA 3. PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: COMMERCIAL VEHICLES i RESOLUTIONS 4. APPROVING DRIVEWAY INTERCONNECT 200 SOUTH RIDGE STREET MERRITT & HOLBY, INC. 5. APPROVING FREE STANDING SIGN RYE RIDGE SHOPPING CENTER MERRITT & HOLBY, INC. 6. APPROVING SPECIAL USE PERMIT/SITE PLAN 81 BOWMAN AVENUE DR. STEVEN KLEIN, D.D.S. SECTION 1, BLOCK 21, LOT 12 7. ADOPTING LOCAL LAW # 7-1993 SOLID WASTE AND RECYCLING 8. VILLAGE OF RYE BROOK CONSENTING TO WESTCHESTER COUNTY I.D.A. FINANCING OF THE AIRPORT PARKING GARAGE AND RESCINDING PRIOR OBJECTION RESOLUTIONS 9. APPROVING TAX CERTIORARI SETTLEMENT KING STREET NURSING HOME 10. BUDGET MODIFICATION POLICE DEPARTMENT 11. BUDGET MODIFICATION FIRE PROTECTION 12. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH WESTCHESTER COUNTY FOR 1994 - STOP DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT 13. ADOPTING POLICE RULES & REGULATIONS 4� 14. SETTING DECEMBER MEETING DATE 15. CHECK REGISTER I I REPORT 16. BIRTHDAY COMMITTEE CHAIRMAN RE: CHANGES TO BIRTHDAY CELEBRATION WRITTEN COMMUNICATION 17. JOSEPH NADER, CHAIRMAN WESTCHESTER COUNTY VETERANS ADVISORY BOARD REQUEST FOR THE SUPPORT CONSTRUCTION OF A VETERANS NURSING HOME - MONTROSE, NY 005021 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 23, 1993 CONVENE MEETING The Meeting was called to order at 7:30 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 I4 Trustee Gary J. Zuckerman Also present were: I 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 present at this meeting. 1 November 23, 1993 so PUBLIC HEARINGS 1. MOBIL OIL CORPORATION RIDGE STREET/BOWMAN AVENUE PROPOSED WALL SIGN Mayor Cresenzi convened the Public Hearing at 7:30 p.m. Glen Graham of Eastern Consulting representing Mobil Corporation for the station located at the corner of Ridge Street and Bowman Avenue stated that they would like to put up a 36 square foot I.D. sign. The sign is part of their car care upgrade and recently obtained permits to install the upgrade of the interior of the station. This sign promotes what was done inside. It is a red sign with white letters, 18 inches in height. Currently there is no existing signage except for outside on the road there is a free standing Mobil I.D. sign outside on the road.. The sign would be installed on the face of the front of the building. Trustee Pellino stated that the Board recently adopted a sign law in the Village of Rye Brook and under the terms of that law, in the district in which the station is located the maximum square footage is 30 square feet. Mr. Circosta agreed that the maximum square footage is 30 and he has already discussed this with the applicant. The proposed sign that was recommended by the Planning Board was 2 feet in height and it has been reduced to 18 inches but the total area does have to be reduced down to 30 square feet. I Mr. Graham questioned what the maximum square footage was of the old sign law. Mr. Gissen stated that the sign conformed under the old law when the Planning Board recommended approval. Trustee Pellino stated that there were a few sign applications that had gone before the Planning Board and at that time one of our Board members had recommended that in the process of reviewing those applications, the Planning Board considered the fact that a new sign law was under consideration and that they look under the auspicious of the proposed sign law. Mr. Circosta stated that he did recall the statement, which was made by Trustee Zuckerman, however, Mobil Oil was on the table prior to that time. Trustee Daly stated that the Planning Board made their recommendation on August 12, 1993 which was prior to the enactment of the law. Mr. Graham stated that his application was held up already due to a lack of Planning Board members attending the meeting. 2 005026- November 0502 -November 23, t993 Trustee Zuckerman stated that his recollection was that this application was referred to the Planning Board along with a couple of other items and the Board had requested that the Planning Board, even though the law was not passed, consider it in light of the proposed ordinance to make sure it conformed because by the time it came back here they felt that the law would be passed and in fact it has been passed over a month ago. Mr. Gissen stated that with this application, they did get caught in the middle but they still have to comply so perhaps this Board could grant it conditioned upon them reducing it to 30 square feet and if it is not possible for them to do so then they could move forward at their own risk and go to the Zoning Board of Appeals and then return to this Board. Trustee Zuckerman stated that since this is a public hearing, the Board should request at this time that the applicant reduce the sign which would save a lot of time and effort because we do not have the power to vary the requirement, which can only be done by the Zoning Board of Appeals. Mr. Graham stated that they have already reduced it from 2 feet down to 18 inches but he will go back to Mobil and see if they could reduce it further. He stated that in order not to delay it any further, as they have been operating for months without a sign, he added that he will conform and requested the Board's decision if he agrees to a 30 foot square footage. Mayor Cresenzi stated that the procedure is to close the hearing tonight and approve a resolution to be prepared for the next Board meeting. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman the Public Hearing f was closed at 7:50 p.m. pending an approval resolution to be approved at the December Village Board Meeting. 2. ARBORS HOMEOWNERS ASSOCIATION SECTION L BLOCK 6R LOT - MAINTENANCE AREA Mayor Cresenzi convened the Public Hearing at 7:50 p.m. Lou Contadino, Architect for the Arbors Homeowners Association referenced the plan and explained the existing conditions at the Arbors and what would be reconfigured. He stated that the plan would provide for a full path court, relocation of the maintenance area and some safe parking for the maintenance area and the basketball court. The maintenance shed will have the same color scheme as what presently exists at the Arbors. Mayor Cresenzi questioned if the size of the new shed is similar to the old one. Mr. Contadino replied that it is similar but the existing shed is 18 x 37 and the new shed is 20 x 40. Mayor Cresenzi questioned the protection around the transformer. 3 November 23, 1993 I Mr. Contadino explained that a 15 foot wide and 50 foot long fence will be provided around the existing transformer. There will also be concrete fixtures at the four corners of the transformer to prevent cars from backing in and out and hitting it and it would also be landscaping around it. The basketball court would also be fully fenced with landscaping around its perimeter. The maintenance shed will also have landscaping around its perimeter ' with a fence with vinyl slats of a brownish color in keeping with the present color scheme of the Arbors. Presently, in the existing configuration, there is approximately eight non- descript parking stalls with no distinct parking lines or traffic flow indicated. The proposed parking will be for 12 cars and the parking stalls will be 9 x 19.5 which is within the allowable square footage. Trustee Daly stated that at the Planning Board meeting, there was some discussion about the parking and they had wanted the measurements changed. Mr. Gissen stated that we had recommended one additional foot but there may have been a scaling problem. The primary distance of concern, to the Planning Board, is what is referred to as the wall to wall issue. That is the distance from where the car pulls into the back of where it can back up or where other vehicles can travel. The Code currently requires in the area of 175 square feet for a parking space but it gives no specific dimensions. It is actually a little bit larger than most standard requirements today. 9 x 18 is considered acceptable and they have the 9 x 19.5 which really means they are taking it out of the aisle area. All it really amounts to is more paint on the pavement because the main point is if someone is going to pull up all the way then they will have enough room to back up and turn around. If there is 40 feet when we scaled it, it appeared to be 39 and I don't think there would be a big deal if we push it one more foot as we recommend it to be 40 feet from basically the edge of the aisle where the transformer is located to the end of the parking space. Mr. Contadino replied that he had no problem with it being changed to 40 feet. Mr. Gissen stated that in his November 15th memorandum he commented on the planting plan basically from the aspect to make sure there were no nitrogen problems and it appeared acceptable. The Planning Board did not go into great detail about the lighting plan, because the applicant agreed that the lighting would be similar to the lighting which exists on the site. The Planning Board was also concerned as to what materials might be stored in the maintenance area because this area has a deep slope that goes into the detention area which eventually enters into the ground water system and the applicants agreed that they would not store materials there and have agreed to periodic inspections by the Village, if the Village so desired. Donna Kleinman, a resident of the Arbors stated that this is important for the children of the community who do not have a playground within walking distance. What is available is really not suitable for older children. She added that the needs of the Arbors has changed because there are many more children living there now. Monroe Mann, attorney for William Walsh, a resident of 16 Bayberry Lane stated that he was here on behalf of his client to speak in opposition of this proposal. He added that according to Section 403A of the Education Law that prior to leasing this property from the School District, certain things must be done. 4 November 23, 1994 O " 5 0 2 7 Mr. Mann read from the law and informed the Board that a resolution must be adopted by the Board of Education or Trustees of the School District regarding that specific property if such district is not currently needed for school purposes. It also stated that the leasing of such real property is to be in the best interest of the school district, which it is not. It only benefits the Arbors, private property at the expense of the public. It also requires certain terms of the lease. There is the rental payment to be not less than the fair market rental value, the term of the lease shall not exceed ten years, and we already have a ten year lease in existence that is now about to terminate. It also says that upon the consent of the Commissioner, renewal of the lease may be made for a period of up to ten years. This is a renewal and I have not heard anything about the lease or whether or not the NYS Commission of Education has approved this renewal. It then goes on to state that the Board of Education can lease on the terms of conditions that seem appropriate to any person, partnership or corporation who will provide the most benefit to the school district for a period not to exceed ten years. Not only does it provide no benefit to the school district, but it is a private dumping ground using public property. Mr. Mann submitted a photograph and stated that in the last few days, tons of asphalt had been dumped on the property which is an environmental hazard. It is used as a dumping ground for leaves, plows and other debris. In the ten years that they had it, they have had open salt bins which have been contaminating the soil and killing everything around it. I wrote a letter to the Arbors on April 29, 1993 1 calling attention to the fact that they have these open salt bins and asked that the area be cleaned up. If the Arbors needs a dumping grounds for its leaves, asphalt and salt bins, and storage of machinery, they should do it on their own property not on school property. The Village should really look into this because for the ten years they had it, they made a mess and we have the photographs to prove it. Administrator Russo read the resolution authorizing the lease of a parcel of land to the Homeowners Association dated April 20, 1992 passed by Blind Brook-Rye Union Free School District into the record as per Trustee Solomon. (SEE ATTACHED) Rosemary Schlank, a resident of 9 Bayberry Lane stated that she is a CPA and a writer and due to the type of work she does, she is concerned with the noise, as she lives directly across from where this structure is proposed. She is concerned with the noise from the basketball court as it would affect her concentration, her job and her earnings capability. She is also concerned with the potential for vandalism due to youths hanging out at the basketball court at night and added that this will only deteriorate her property value and perhaps cause her Homeowners Association charges to increase due.to the fact that they may need more security as the police cannot be everywhere at once. She also submitted three letters from neighbors who feel the same way that she feels. Didi Mitchell, a resident of the Arbors stated that she was concerned with tearing the existing building down and felt that perhaps we should look into refurbishing it or moving more or less the same type of building to another area. She added that she is not against basketball courts, but perhaps we can put the courts further back where the building is proposed to be built. The Arbors has land by King Street and perhaps we could look into building the maintenance shed there. She added that she is against putting salt on the streets and is very concerned with storing salt on the premises because much of it does not get used and is stored throughout the summer and is dangerous. Also, we supply the maintenance crew with the most filthy sanitary facility, which is a port-o-san. A portable toilet as a permanent fixture would definitely bring down property values. 5 ar November 23, 1993 ()0 Linda Shaker agreed with Monroe Mann and added that several times she has suggested that the area be cleaned up and it never was. She added that she is also concerned about spending over $100,000 to put a building on someone elses property. Bill Walsh, a resident of 16 Bayberry Lane agreed with Rosemary Schlank and Didi Mitchell and clarified that when the maintenance shed was first built in 1983, it was intended that we would purchase all our own equipment and hire our own employees and run the maintenance ourselves at a tremendous expense. It was then suggested that we look to the outside and have someone come and do the maintenance and we found that to be a much better idea, cost wise. If you look in the current shed, there is only swimming pool equipment, not much maintenance equipment. They should clean up the area, which would really benefit the Arbors. Mr. Walsh stated that he and Ms. Schlank are much closer to the proposed shed than the plan indicates. Lee McGrath, Manager of the Arbors Homeowners Association stated that all of the concerns should have been brought to the Arbors Board when the inception of this plan was being discussed. Each month a notice went out in a Board update regarding what was discussed at particular Board meetings and homeowners are invited to come to the clubhouse and read the minutes and if homeowners were concerned about doing this project, certainly you would expect them to come to the Board and discuss it. In June, after the plan was improved by our Board, a completed site plan as well as a complete description was sent to all the homeowners. Mr. Walsh was the only resident who approached us with questions. { The landscaping plan that we have was meant to beautify the area and buffer all of the sounds that might come from the area, basketball in particular. Our prime concern for doing this is to beautify the complete maintenance area, to get rid of the garbage and debris. This will all be fenced in, eliminating the dumping. The fencing will be beyond the bins, therefore, no vehicle will be able to dump beyond there. Our Board is there for the homeowners and if residents don't attend the meetings, how can we respond to their needs. There has been a basketball area down there up until a year ago when a truck knocked it down and it was never repaired. The proposed basketball area will not be lit and will not be used at night. She added that she did not feel that by upgrading the area, we would be bringing vandalism to the area. The port-o-san, which is used by only three people, is cleaned once a week and is there for the convenience of the maintenance men. It is not seen from the road and is out of the way. I Trustee Daly questioned why a port-o-san is necessary if the maintenance men are from an outside firm. I Ms. McGrath replied that they are there everyday, all day long. Trustee Daly stated that on occasion, she has maintenance men at her home all day long and if need be, they use her bathroom. She questioned if the maintenance men could use the bathroom facility at the pool area. Ms. McGrath stated the only facility there, is in the clubhouse. The port-o-san has been there for 11 years and added that it was not put there by her. Trustee Zuckerman questioned if the permanent installation of a port-o-san is in conformance with our Plumbing Code. 6 November 23, 1994 0 W5 0 2 Ms. McGrath added that it is removed at the end of December and brought back in the beginning of March. Trustee Zuckerman stated that the Arbors should look into having the maintenance men use another facility rather than a port-o-san. Ms. McGrath stated that this is the first time this issue has come up and we will look into it. Mayor Cresenzi directed Mr. Circosta to check with the Westchester County Health Department and find out if a port-o-san conforms to the current health codes. Trustee Solomon questioned if the Arbors looked into using another site for this proposal. Ms. McGrath explained that they did look into the site located off King Street and it is really not feasible because it is a marshy area, it would be difficult to get water to the site and it is out of the way for the maintenance men to get to. Trustee Solomon stated that the track record for dumping is not very good and questioned why the site is not being maintained properly and what is to prevent the new site from looking like the old site. Ms. McGrath stated that they are also concerned with the dumping and have tried to keep after it. To prevent this, we have added fencing to this proposal, which should keep people out. We have people that come into the Arbors that don't even live there, that just dump debris. We are trying to move the maintenance area away from the site of Arbor Drive and I consolidate it to one area, fencing it in, not allowing the dumping. We are as anxious to get this cleaned up as the homeowners are. Trustee Daly questioned if the financing for the project will come out of the common charges. Ms. McGrath stated that they went out to bid and are trying to get estimates. It is only a guesstimate of $120,000. Depending upon how the bids come in, the Board will decide how the costs will be funded. Trustee Daly questioned if it is possible to fence in the current maintenance area. Ms. McGrath replied no because of their position. What they want to do is move the buildings and the bins and consolidate the whole area and fence it off then landscape the area with shrubs so that you won't see the maintenance area at all. Trustee Daly questioned if the salt bins are legal. Ms. McGrath stated that there is some salt in the bins now, but they are not planning to store salt in them in the future. They have mulch, sand and stone at this time. Trustee Zuckerman questioned what the primary reason for this plan is. 7 November 23, 1993 91)5030 Ms. McGrath stated that the primary reason is to beautify and clean up the area and make it appealing to all. We added the basketball area as a facility for the community. As mentioned before, we did have a basketball area which was destroyed and never repaired. Mr. Contadino stated that the basketball area was located behind the maintenance shed and from a logistical point of view, it is somewhat backwards. In the new scheme we tried to consolidate the recreation area with the paddle ball court that currently exists and create a segregated spot for both recreation and maintenance purposes. Trustee Zuckerman questioned if they considered exploring with the Village, the installation of a basketball court at Harkness Park which is nearby and would eliminate the noise at the Arbors. There are no outdoor basketball facilities at Blind Brook High School or Harkness Park such as those at Pine Ridge Park. He added that part of the Village land comes very close to Arbor drive. Mayor Cresenzi stated that Village property is within 6 feet or wider of the curbline along much of Arbor Drive. Trustee Zuckerman suggested that we investigate a facility that might be superior to this half court that is being proposed and work cooperatively with the Arbors and the Blind Brook School District to get something over there. Didi Mitchell stated that although all residents recieved a small diagrahm of this, no one was told of the costs or asked to come to a meeting and the costs seem awfully large when you have a building there that could have been re-sided to match our siding. Mayor Cresenzi stated that there seems to be many internal issues within the Arbors that need to be resolved first before we discuss this at a future Board meeting. Mr. Mann read a letter that he wrote to Ms. McGrath several months ago regarding the objections of his client for this new construction and also of the current unsightly area which is used for dumping. In the letter we requested that the entire area be cleaned up, the salt bins made leak proof to prevent salt leaching, the debris cleaned up and the area beyond the salt bins restored to its original state by appropriate planting of trees and shrubbery. We requested a response and recieved no response except for a phone call from the lawyer for the Arbors and she stated: "If you complain too much, we are going to move the saltbins right under your clients nose". Ms. McGrath never even responded. The Building Department should go down and site them and force them to clean it up. If they abused the property for the past 10 years, how are we to believe that this behavior will not continue in the future. They should go back and get approvals from the Commissioner of education and then let them resubmit a plan. Trustee Zuckerman stated that we do not have authority, nor should we look into the validity of the lease between the Arbors and the Blind Brook School District. Our review of that issue is limited to whether or not the School District has given permission to the Arbors to do something on that property and plan with that permission. Whether or not the Commissioner of Education needs to give approvals or anything else relating to the lease between the Arbors and the School Board is not our domain. 8 November 23, 1993 005031 Mr. Mann stated that if the Commissioner has failed to look into it, it is then in the jurisdiction of this Village Board. Trustee Zuckerman stated that we are not concerned with the validity of the lease, only that the School Board has given permission, which we have inquired into. In terms of the dumping, Trustee Zuckerman agreed that the Building Inspector should look into the problem and make sure that all of the regulations are complied with. Trustee Solomon stated that if we site the Arbors, all the residents will have to pay the price. The clean up on that site really has nothing to do with this, that site must be cleaned up and any toxic materials that are there must be removed. Trustee Pellino stated that in Mr. Gissens memos, wetlands considerations are referred to and in the June 13, 1993 memo, the word wetlands is used in a paragraph with respect to hazardous materials. It was suggested in the October 8, 1993 memo that Frederick P. Clark recommends that any resolution of approvals specifically limit the materials that may be stored in the maintenance area and the concrete storage bins and those identified by the applicant. For the next hearing, I would like to have a specific list of what will be stored on site and have Mr. Gissen review it. In most of the memos, the Planning Consultant informed the applicant of the proposed new fencing law and I don't see where the applicant f has addressed that or has commented on that. Ms. McGrath stated that they have agreed to go along with whatever the Village Law would be at the time of the approval. j Mr. Gissen stated that they made a statement to the Planning Board that if the fence law jwere amended subsequent or prior to their construction, they would construct according to f the new law. He added that the Planning Board was concerned with getting input from all of ` the neighbors but no one showed up at the meeting even though all residents in the required distance were sent notices. He added that it is unfortunate that this could not have been handled at an earlier stage so that it wouldn't be hashed out at the very end. Trustee Solomon questioned how many residents from Bayberry Lane received the notices of the Planning Board meeting. Ms. McGrath stated that none of them received the notices because we were only told to send to the residents in Bayberry Close, units 1-8 because they were directly across the street. Ms. McGrath added that she did not come to this meeting tonight prepared to go head to head with a well known attorney and the letter that was sent to her was read at the Board meeting. The Board suggested that it be given to our attorney to respond. I apologize if she responded in such a fashion, as Mr. Mann stated. She reiterated that our prime purpose for doing this project is to beautify the area and make it more attractive. Mayor Cresenzi stated that we will adjourn this public hearing to the Regular Meeting in December and advised Ms. McGrath to take care of all the concerns raised this evening. Attorney Powell stated that in regard to the sufficiency of the lease, that it would be a good idea for the applicant and the School District to address the issue. 9 November 23, 1993 '? 0 °, 6., On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the Public Hearing was adjourned to the December Regular meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE REPORT 3. BIRTHDAY COMMITTEE CHAIRMAN RE: CHANGES TO BIRTHDAY CELEBRATION Ken Berman, Co-Chairman of the 1994 Birthday Party introduced himself and George Varbero, the other Co-Chairman and read an outline of the 1994 Village of Rye Brook Birthday Party. He noted that they would like to have the Birthday Party held Saturday, June 11, 1994 with a raindate of Sunday, June 12, 1994. He pointed out that the goal of the Birthday Party is to celebrate the Village of Rye Brook by its residents. We would like to donate any monies left over to the Recreation Commission for possible Recreation programs. Because of the expenses involved, they have proposed not to hold the Birthday Run, but ! perhaps they could have a 1 Mile Walk or Run and more people will participate. We are also proposing to have a journal for those who sponsor the party with a cut off date of May 15th to be mailed to the residents of the Village. We discussed a minor charge for non- residents of the Village and any corporation that donated, their employees would be invited to the Birthday Party at no charge. They are proposing to make the event all volunteer with the exception of the Highway Department and use of the Police. We are also thinking of a raffle. We are also proposing that the Birthday Committee be under the authority of the Board of Trustees. He closed by saying that the Village of Rye Brook Birthday Party will be a day of fun for all residents. Mr. Josephson, Chairman of the Recreation Commission stated that he was concerned with various items. He stated that we should re-think the strategy of having the run. He stated that it is great to have only volunteers working at the Birthday Party but if we expect our Recreation Staff members to work that day on a Volunteer basis it would create a double standard. I am also concerned that our Superintendent, Thomas Hroncich, who has done a great job of coordinating this event in the past will be serving two masters. I am concerned about the workability of the solution with an independent Birthday Committee reporting to the Board of Trustees and serving as a secondary master to our Superintendent of Parks and Recreation, simultaneously to his reporting to us as a commission. We have a couple of commission members that have participated and are members of this committee and some of those details can get worked out through our communication but in general, I would like to have more participation in the committee. For example, this document here tonight, was not run by all the people who appear on the list prior to submission to you and if they are going to list these people as its representatives for their thoughts and the general result of our meeting than it is misleading at this point. 10 November 23, 1993 Trustee Daly stated that you need the independent committee but we need to decide under whose auscpicious it will fall. Trustee Zuckerman stated that we had agreed to have an independent committee with several members of the Recreation Department to maintain the continuity. Mr. Berman pointed out that the minutes state that the co-chairmen were to report to the Board on the outline of the Birthday Party and then you were going to decide whether you wanted us to work under the authority of the Board of Trustees or the Recreation Commission. Obviously the Birthday Party Committee needs the Recreation Commission on their side to help plan this. Mr. Hroncich is the expert and this could not be done without his input. As for the Birthday Run, we are proposing to eliminate it and do a 1 mile, which I believe will save a considerable amount of money by not having to pay the police for their services for a 5 mile run. At our first meeting, there were three members of the Recreation Commission in attendance. My personal preference is to be under the Board of Trustees, but whatever the Board decides will be okay with us. We may have to hire people, but our goal is to do it with all volunteers with the exception of the Highway Department that does the set up and clean up and the use of the Police Department. Mr. Berman stated that what really needs to be decided tonight is who this committee will report to and when the date for the Birthday Party will be. David Ponterio, a member of the Recreation Commission, stated that the Recreation Parks Staff is made up of Frank Errigo and Paul Vinci. Both men need to get paid when they work because they also set up and clean up and are also part of the Recreation Department. Trustee Daly stated that you need to consider that if you are going to pay Highway and Police, you need to pay the entire staff that is working or else have everyone volunteer. i Trustee Zuckerman stated that he agreed. Mayor Cresenzi questioned if Mr. Berman checked the June 11, 1994 date with the School Calendars. Mr. Berman stated that he checked with the School Calendar and it is a clear date. As far as baseball games, there are some scheduled and he would request that Mr. Hroncich cancel all games on the day of the Birthday Party so that all will attend. Mayor Cresenzi questioned how the committee functions as far as paying bills. Mr. Berman stated that it would not change. The only difference is the mechanics. There will be no extra work for Mr. Hroncich to do, and hopefully we will take some work from him to free him up to do other things but there will be no change as far as the payment of bills and signing of vouchers, which I do not have the authority to do. Mr. Ponterio stated that the Commission feels that anything that has to do with the Recreation Department, whether it be the utilization of Mr. Hroncich or our Maintenance Staff, should go through the Recreation Commission. 11 November 23, 1993 W15-034 Mr. Berman stated that he did not have a problem with that and added that he would like to have the meetings up at Crawford Park. Mr. Heller suggested that there be no more political solicitors allowed. Last year we had many people not from the Village, which incurs a great deal of expense and should be discussed. Mr. Berman stated that the committee is discussing a way to charge non-residents a small fee to really stress that this is a Village of Rye Brook Birthday Party. As far as politicians attending our party, there is a policy that they are allowed to attend but not pass out material. It is very difficult to enforce it if someone is out there passing out political literature. i Mayor Cresenzi stated that he agrees with many of the goals set forth here. I Mr. Berman stated that they are looking for more volunteers to be on the Birthday Committee and anyone interested should contact either, Tom, George or myself. Mayor Cresenzi stated that anything to do with Recreation personnel or goods would go 1 through the commission and anything else would be discussed with the Committee at large. jThe only thing that Mr. Berman is requesting is to be under the auspices of the Village Board and to change the date. Mr. Berman stated that the reason for changing the date is because if we held it on Father's Day would lower the attendance and having it the week before, if we need a raindate, we could have one. Mr. Josephson stated that a Birthday Celebration is a static environment that doesn't change from year to year and it doesn't really matter what the reporting chain of command is. As propositions are being made from the Committee members to change certain policies and procedures, the Recreation Commission does not want to act as some type of bureaucratic buffer between the Birthday Committee and the Board of Trustees because these are issues that need to be addressed by the Board of Trustees as far as to what the format of the day is going to be and how it is going to change. Mayor Cresenzi stated that he did not have a problem with the date change or having the i committee work under the auspicious of the Village Board. i Trustee Solomon agreed and added that if a Rye Brook employee is asked to work, they should be paid. Mr. Berman agreed and stated that hopefully they will have enough volunteers. Mayor Cresenzi welcomed County Legislator Marty Rogowsky. 12 November 23, 1993 :)0 5 0 3 h Mr. Rogowsky stated that it has been a pleasure to work with Rye Brook for the last 4 years and that he was disappointed that he would not be there to continue. Be added that it has been fun and hopes to work with the Village in some capacity in the future. Mayor Cresenzi thanked Mr. Rogowsky and stated that the entire Board appreciates everything he has done for the Community. RESOLUTIONS 4. APPROVING DRIVEWAY INTERCONNECT 200 SOUTH RIDGE STREET MERRITT & HOLBY, INC. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING DRIVEWAY INTERCONNECT MERRITT & HOLBY, INC. 200 SOUTH RIDGE STREET SITE PLAN AMENDMENT WHEREAS, by Resolution adopted on June 23, 1992 the Village of Rye Brook approved a site plan for 200 South Ridge Street for a shopping center with a condition that the applicant submit an amended site plan application to provide for a driveway interconnect between 200 South Ridge Street and Rye Ridge Shopping Center (Section 1, Block 12, Lot 3); and i WHEREAS, the applicant has submitted an amended site plan application for the driveway interconnect which was recommended for approval by the Planning Board on August 12, 1993; and WHEREAS, on November 9, 1993 the Board of Trustees conducted a public hearing on the driveway interconnect site plan amendment application. NOW, THEREFORE, BE IT RESOLVED, that the action is found to be an Unlisted Action under the State Environmental Quality Review Act which will have no significant adverse impact on the environment and adopts the accompanying negative environmental declaration; and it is FURTHER RESOLVED, that the driveway interconnect site plan amendment application is approved, and the Mayor is authorized to sign the amended site plan, subject to the following conditions(s): 13 November 23, 1993 905036 CONDITION(Sl 1. Prior to the signing of the amended site plan, the applicant shall submit to the Village, and record in the Office of the County Clerk, cross-easement instruments, satisfactory to the Village Attorney, providing for access between 200 South Ridge Street and Rye Ridge Shopping Center with respect to the driveway interconnect in the event that these properties shall be held in separate ownership A copy of the recorded cross-easements shall be furnished to the Director of Public Works. 2. No certificate of occupancy shall be granted until all improvements as shown on the amended site plan, including the driveway interconnection, are installed and all conditions in the June 23, 1993 resolution are complied with. 3. The applicant will take such action as may be necessary to prevent the use of the driveway interconnect by tractor trailer truck, including tractor trailer trucks making deliveries to the Rye Ridge Shopping Plaza. 4. Suitable obstructions, satisfactory to the Director of Public Works, shall be placed along the southerly property line in the unfenced area adjoining Crescent Place to prevent vehicular access to Crescent Place. 5. The applicant will take all measures necessary to protect the 36 inch diameter Ash Tree adjacent to the driveway interconnect during construction. 6. The applicant shall obtain all other necessary approvals from any other governmental agency having jurisdiction. ;and it is FURTHER RESOLVED, that except as amended herein, the site plan for 200 South Ridge Street presently in effect shall remain in force and effect. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. APPROVING FREE STANDING SIGN RYE RIDGE SHOPPING CENTER MERRITT & HOLBY, INC. On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: 14 November 23, 1993 RESOLUTION APPROVING FREESTANDING SIGN MERRITT & HOLBY RYE RIDGE SHOPPING CENTER WHEREAS, on June 25, 1993 Merritt and Holby, Inc. made an application for a site plan amendment for a freestanding sign for the Rye Ridge Shopping Center, such sign to be located on Bowman Avenue; and WHEREAS, on September 7, 1993 the Planning Board recommended approval of the application and the Board of Architectural Review also approved the sign; and WHEREAS, on November 9, 1993 a public hearing was held by the Board of Trustees on the application. NOW, THEREFORE, BE IT RESOLVED, that the action is found to be a Type II action under the State Environmental Quality Review Act; and it is FURTHER RESOLVED, that the site plan amendment is approved and the Mayor is authorized to sign the site plan amendment and a building/sign permit may be issued subject to the following condition (s): CONDITIONS) f 1. The Sign shall conform to the Sign Law (Zoning Law §66-35) in all respects including the dimensional requirement that it not exceed 20 square feet. 2. A revised detailed site plan shall be submitted, satisfactory to the Planning Consultant and the Director of Public Works, identifying the height and location of the sign consistent with the recommendation of the Planning Board. 3. The applicant shall obtain all the other necessary approvals from any other governmental agency having jurisdiction; .and it is FURTHER RESOLVED, that except as amended herein the site plan for the Rye Ridge Shopping Center as presently in effect shall remain in full force and effect. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15 005038 November 23, 1993 6. APPROVING SPECIAL USE PERMIT/SITE PLAN 81 BOWMAN AVENUE DR. STEVEN KLEIN, D.D.S. SECTION 1, BLOCK 219 LOT 12 On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING SPECIAL USE PERMIT/SITE PLAN DR. STEVEN KLEIN 81 BOWMAN AVENUE SECTION 1, BLOCK 219 LOT 12 WHEREAS, the applicant has submitted a special use permit/site plan application for the operation of a dental office at the premises known as 81 Bowman Avenue; and WHEREAS, the Planning Board has recommended the approval of the application on September 9, 1993; and i WHEREAS, on November 9, 1993 a public hearing was held by the Board of Trustees on the application. NOW, THEREFORE, BE IT RESOLVED, that the action is found to be an unlisted action under the State Environmental Quality Review Act, and the accompanying negative environmental declaration is adopted; and it is i FURTHER RESOLVED, that the findings required for the issuance of the special permit under Section 66-6 (H) (1) (b) (1) and (2) of the Zoning Law are hereby made and adopted; and it is FURTHER RESOLVED, that the special permit/site plan for a dentist office under Section 66-25 (C) (3) of the Zoning Law is granted, and the Mayor is authorized to sign the site plan, and the Building Department is authorized to issue the special permit, subject to the following conditions: CONDITIONS) 1. There shall be no illuminated signs on the premises. 2. There will be no more than one dentist and two assistants (who are not dentists) employed on the premises. 3. Directional signs, satisfactory to the Director of Public Works, shall be placed at the driveway entrance and exit. 16 ,1 P.. November 23, 1993 4. The site plan shall be amended to show an identification sign that shall conform to the Sign Law (Zoning Law §66-35) to the satisfaction of the Building Inspector. 5. Off-Street parking will be maintained as shown on the Site Plan. 6. The applicant shall comply with the landscaping plan submitted and will maintain the landscaping in good order and condition. 7. The second floor of the structure shall remain unused for commercial or residential purposes. 8. The applicant shall obtain all other approvals necessary from any other governmental agency having jurisdiction. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING NAY 7. ADOPTING LOCAL LAW # 7-1993 SOLID WASTE AND RECYCLING On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: I RESOLUTION INTRODUCTORY LOCAL LAW # 7-1993 SOLID WASTE AND RECYCLING RESOLVED, that the adoption of Local Law Introductory No. 7-1993 regarding solid waste and recycling is found to be a Type II action; and it is I FURTHER RESOLVED, that Local Law Introductory No. 7-1993 is hereby enacted into law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 17 November 23, 1993 8. VILLAGE OF RYE BROOK CONSENTING TO WESTCHESTER COUNTY I.D.A. FINANCING OF THE AIRPORT PARKING GARAGE AND RESCINDING PRIOR OBJECTION RESOLUTIONS On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION VILLAGE OF RYE BROOK CONSENTING TO WESTCHESTER COUNTY I.D.A. FINANCING OF THE AIRPORT PARKING GARAGE AND RESCINDING PRIOR OBJECTION RESOLUTIONS WHEREAS, by letter dated October 27, 1993, the Westchester County Industrial Development Agency gave notice to the Village of Rye Brook of its intention to provide Agency financing to develop a Parking Garage at the Westchester County Airport; and WHEREAS, the property on which the Parking Garage would be constructed is situated in the Village of Rye Brook and, therefore, use of Agency funding is contingent upon no objection having been received from the Village in accordance with Section 923-a of the General Municipal Law; and I WHEREAS, the Village has entered into an agreement with Westchester Airport Associates, L.P. to provide an impact fee of $40,000 per year for 30 years commencing on completion !! of construction subject to certain contingencies including a lump sum payment of $250,000 upon the happening of certain specified events; and WHEREAS, the agreement requires the Village to register a Resolution of no objection and to adopt a Resolution,rescinding any prior objection; and WHEREAS, the Village has received a letter from the Chairman of the Westchester County I.D.A. providing assurances to the Village concerning certain priority payment provisions to be included in the bond documents under which payments would be made to the Village through the Trustee. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby registers no objection and consents to the funding of the Airport Parking Garage by the Westchester County Industrial Development Agency; and it is FURTHER RESOLVED, that the Village of Rye Brook hereby rescinds its prior Resolutions objecting to the use of funds of the Westchester County Industrial Development Agency for the Airport Parking Garage including resolutions adopted on May 11, 1993 and July 6, 1993; and it is 18 November 23, 1993 00 041 FURTHER RESOLVED, that the Village Clerk shall forthwith deliver a copy of this Resolution together with an executed certificate to the offices of the Westchester County Industrial Development Agency. Trustee.Zuckerman stated that we have already recieved the contract which was executed by the Mayor and Mr. Capelli. We had a meeting last Friday where we discussed the contract and modifications and we had passed a resolution at that time authorizing the Mayor to enter into that contract which has now been executed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING NAY TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. APPROVING TAX CERTIORARI SETTLEMENT KING STREET NURSING HOME On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION KING STREET NURSING HOME i TAX CERTIORARIS i I RESOLVED, that the settlement of the tax certiorari petitions filed by KING STREET HOME INC., concerning the premises known as Section 1, Block 8, Lot 3A, otherwise known as 787 King Street, for assessment years 1991, 1992 and 1993 (tax years 1991/92, 1992/93 and 1993/94) is hereby approved as follows: i Assessment Original Settlement Year Tax Year Assessment Assessment Reductio n 1991 1991/92 $505,300 $252,650 $252,650 1992 1992/93 $516,700 $258,350 $258,350 i 1993 1993/94 $516,700 $258,350 $258,350 Approximate Tax Refund (Village): $70,337; and it is FURTHER RESOLVED, that the 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 19 November 23, 1993 005042 10. BUDGET MODIFICATION POLICE DEPARTMENT On Motion made by Trustee Pellino, seconded by Trustee Daly the following Resolution was hereby adopted: RESOLUTION BUDGET MODIFICATION POLICE DEPARTMENT RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 2200.152 101.3120.200 $1338.38 (Police Fee Revenues) (Police Equipment) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. BUDGET MODIFICATION i FIRE PROTECTION On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION BUDGET MODIFICATIONS FIRE PROTECTION RESOLVED, that the following budget modification be hereby approved: f FROM TO AMOUNT 1990.424 3410.499 $36,252.00 (Contingency) (Fire Protection) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 20 November 23, 1993 O 0 50 4J 12. AUTHORIZING MAYOR TO ENTER INTO AGREEMENT WITH WESTCHESTER COUNTY FOR 1994 - STOP DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING THE 1994 STOP-DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT WITH WESTCHESTER COUNTY RESOLVED, that the Village of Rye Brook is authorized to enter into the 1994 Stop-DWI Patrol Project and Training Reimbursement Contract with Westchester County for the term of January 1, 1994 to December 31, 1994 under which the Village would receive reimbursement in an amount not to exceed $15,000.00 for the Village's participation in the program; 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. Trustee Pellino questioned if the program costs the Village significantly more than the $15,000. C Chief Santoro explained that they pay us a fixed rate on the overtime rate for our 1st grade patrolmen and it is a worthwhile program. We get extra patrol on Stop-DWI in Rye Brook. I TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE I 13. ADOPTING POLICE RULES & REGULATIONS On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION POLICE DEPARTMENT RULES AND REGULATIONS RESOLVED, that the accompanying rules and regulations for the Village of Rye Brook Police Department are hereby adopted: *SEE ATTACHMENT 21 November 23, 1993 0(15044 Administrator Russo stated that these have been reviewed by our own council and labor council but also by the Division of Criminal Justice Services. Chief Santoro stated that after the Criminal Justice Services Office reviewed it they sent us a favorable letter saying that it would comply in format and content so we are in good shape. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14. SETTING DECEMBER MEETING DATE On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION SETTING DECEMBER MEETING RESOLVED, that the following dates be hereby approved as the December meeting dates of the Village of Rye Brook Board of Trustees: Tuesday, December 14, 1993 - 5:15 p.m. - Payment of Bills Tuesday, December 28, 1993 - 7:30 p.m. - Regular Board Meeting TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE I 15. CHECK REGISTER On Motion made by Trustee Zuckerman, seconded by Trustee Daly, 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; 22 November 23, 1993 On-Line Checks: 7828-7887 Payroll Checks: 11523-11622 Manual Checks: 7745-7746 Environmental: 395 & 397 Recreational Trust: NONE Capital: 2095-2096 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Zuckerman questioned if we are making progress in establishing an in-house alarm billing system. Chief Santoro stated that what we need is for Dan, our computer person to put together a package less than our original proposal and he is currently fine tuning it. It may be able to go on line in the early Spring and overlap the service and then switch over for the new fiscal year. The only other problem is that the person who will be doing it is out injured, but it is moving in the right direction. 1 Trustee Zuckerman stated that we could save a lot of money doing that. i TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING NAY 16. SETTING PUBLIC HEARING DATE FOR PROPOSED INTRODUCTORY LOCAL LAW #9-1993 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 I On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: 23 November 23, 1993 005)U4b RESOLUTION SETTING PUBLIC HEARING DATE FOR PROPOSED INTRODUCTORY LOCAL LAW #9-1993 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 RESOLVED, that a public hearing be held on Tuesday, December 28, 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 to consider adopting proposed Introductory Local Law #9-1993 entitled: A Local Law amending Section 66-36 of the Zoning Law of the Village of Rye Brook to provide for the purchase and/or rental of dwelling units. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 17. JOSEPH NADER, CHAIRMAN WESTCHESTER COUNTY VETERANS ADVISORY BOARD REQUEST FOR THE SUPPORT CONSTRUCTION OF A VETERANS NURSING HOME - MONTROSE, NY Administrator Russo read the letter which requested the support of the Village of Rye Brook for their construction of a Veterans Nursing Home at the V.A. Hospital in Montrose and they have supplied us with a sample resolution if we choose to support this project. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION VILLAGE OF RYE BROOK SUPPORTING CONSTRUCTION OF A VETERANS NURSING HOME AT THE V.A. HOSPITAL IN MONTROSE, NY WHEREAS, this nation owes a great deal of debt to the men and women who served in the armed forces during times of conflict and war; and 24 005047 November 23, 1993 WHEREAS, there are more than 1.9 million of these aging veterans in New York State in need of a facility to provide nursing care; and WHEREAS, the Westchester County Veterans' Advisory Board advises that it recently collected 13,000 signatures throughout the Mid-Hudson Valley region urging the state delegation to approve the construction of a Veterans' Nursing Home in Montrose, New York; and WHEREAS, the Village is advised that the Mid-Hudson area is the only section of New York State that is lacking such a facility; and WHEREAS, the Village is advised that the V.A. Hospital Montrose, is a site for a State Veterans Home, is geographically in the center of our medical district, is easily accessible to New York City and Long Island and is a short distance from other medical facilities which could provide major medical and other supportive care; and WHEREAS, the Village is advised that more than eleven acres bordered by Route 9 and the Hudson River are currently available for development; and WHEREAS, the Village is advised that the cost of such a facility would be minimal, considering the Federal government would fund 65% of the construction and land acquisition costs, with the State absorbing the remaining 35%, and the Federal government paying a per diem per veteran cost for services through pension and social security allocations; and WHEREAS, the Village has received a letter from Joseph Nadar, Chairman of the County of Westchester Veterans' Advisory Board asking for the support of the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook supports the efforts of the Westchester County Veterans Advisory Board and urges the State delegation to approve the construction of a Veterans' Nursing Home in Montrose, New York; and be it FURTHER RESOLVED, that the Village Clerk send a certified copy of this Resolution to the State delegation and the Chairman of the Westchester Veterans' Advisory Board indicating the Village of Rye Brook's support forthis endeavor. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION Mayor Cresenzi explained that a while back, we received a letter from Mr. Konigsberg regarding a rezoning of property on Bowman Avenue. The request was for us to refer this to the Planning Board. 25 i 005°►► November 23, 1993 Mr. Konigsberg stated that he is the principal share holder of a company known as K & M Realty Group and gave a brief presentation and explained that they are requesting that this application be referred to the Planning Board for their December 9, 1993 Meeting to discuss a possible rezoning of this site. The site is located 350 feet south of 90 South Ridge Street on Bowman Avenue, directly across from the baseball field at the Middle School. It is currently zoned an R-10, however it is located directly adjacent to a medical building. He added that this property is basically used by the prior owner for the last 45 years as a construction storage facility. Mayor Cresenzi asked Attorney Powell what the proper procedures were to do this. Attorney Powell stated that first you would need to do a referral to the Planning Board, with a review of the application for zoning change, but it is really up to the Board for a policy decision. You don't have to entertain the proposal for zoning change and could always request for a proposal to go with it. Mr. Konigsberg stated that he has two alternatives to discuss with the Board. Trustee Zuckerman stated that he would rather refer an application to the Planning Board than a rezoning. Mr. Konigsberg stated that the proposed application would be for 5,000 square feet of restaurants with outdoor seating. There is also another potential use that is food related that I am not liberty to discuss right now because we only had preliminary discussions with the ' proposed user. He stated that he would put together a packet for the Board if they so desired. Trustee Pellino questioned if there was going to be more than one restaurant. Mr. Konigsberg stated that they would propose to build one or two restaurants no more than 5,000 square feet. Mayor Cresenzi requested the Mr. Konigsberg submit plans to the Village Board by December 14, 1993 and they would then put the application on the agenda for a referral for the December 28, 1993 meeting. Mr. Konigsberg stated that he was not ready at this particular time to put in an actual site plan application. Administrator Russo stated that the Board would require a sketch plan application and that Mr. Konigsberg could make an appointment to come in and meet with Mr. Circosta who could assist him with what he needs to put in the plan. 26 0 a 5 0 4.t� November 23, 1993 APPROVAL OF MINUTES 18. SEPTEMBER 7, 1993 19. SEPTEMBER 14, 1993 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the Minutes of September 7, 1993 and September 14, 1993 were adopted. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION Trustee Zuckerman stated that he read an article in the Daily Item last week regarding the Blind Brook High School Driveway situation and he felt it gave the Village residents an incomplete picture of what has been transpiring with regard to the Driveway at the Blind Brook High School. Some time ago, the Police Chief had approached the Board with concerns regarding Policing in the Village as a result of the stationing of the Officer at the Blind Brook High School Driveway. As a result, we had a meeting between the Liaison Committees of the Village Board and the Blind Brook High School Board of Education members and we discussed the issue. The concerns which the Chief had involved issues such as staffing. The Detectives were not able to properly transmit information during the change of shift times and similar personnel problems that were as a result of change of shift during the time that the High School Driveway is being used. The Rye Brook Police Department also had a policy of following the school buses of the Blind Brook School District and this also had to be compromised which was a direct safety issue. This matter was brought up for discussion and everyone is cognizant of the fact that the issue of the driveway is one that is under discussion in Blind Brook and they have a committee appointed to determine a permanent solution to be worked on with the Village. We were concerned that we might be able to find a interim solution that would not effect the safety of the resident and the students entering and leaving the driveway and at the same time, not affect the overall policing of the Village. A solution was found to install a No Left Turn sign egressing the Blind Brook High School driveway between 7:30 to 8:45 a.m. and at the same time maintaining a policeman on duty for a period of approximately thirty days. This way, the residents would be used to observing the No Left Turn provision and a policeman would be on duty to make sure that safety was maintained. If the community will support this action, it would be in the best interest of our Board to consider this idea and go forward on an experimental basis and review after a 30 day period whether or not this would be the best method of maintaining that driveway until a permanent solution could be found which would probably be the construction of a new driveway at the Glenville light. 27 005)050 November 23, 1993 Mayor Cresenzi stated that what happened was there was a change in reporters covering the school board meeting and this discussion took place and there was some comment from the audience and this was perceived by the new reporter and the person had no knowledge of what had been discussed in the past and I tried to point out on the phone that this was at the liaison level of both boards and proposals had not been formally made to either board to be discussed and it just took a life of its own. Trustee Zuckerman stated that possibly, some of the misinterpretation was that the proposal was that we would install a sign there and remove the policeman immediately without studying the situation, when in fact, the four of us had agreed to come back with a proposal to study what would happen and not to endanger the safety of the residents in any manner shape or form and we are not proposing that monetary or bureaucratic considerations take precedence over safety considerations, but that we would hope to get a solution that is best for everyone concerned. It is the position of the police department through the chief that the driveway itself is not a generically unsafe driveway, however many of the residents feel that it is unsafe. We know that the Blind Brook School Committee is studying the situation and is going to have a report fairly soon. My suggestion is that we go ahead with plans for the erection of the sign, seek the State approval that we need to install it but hold off until after the report comes in and have another meeting with both Boards to discuss this issue and how to approach it. Mayor Cresenzi added that the Police patrol regarding school buses is not only for Blind Brook but also for District #4 and currently that gets upset the same way as the Blind Brook issue does. Trustee Zuckerman stated that when you are dealing with residents leaving the driveway at the High School at 8:30 a.m., you are really dealing with adults. The High School and elementary students should be in school at that time so that the people leaving the driveway would be the adults and on the other hand, the children in the school buses are children and it is a very important duty that the police perform for both districts. Chief Santoro stated that it is not that the Police Department can't perform this service 100% of the time, but for example, this week, the shifts and the squads overlap properly so that we have two extra patrolmen. It is not that it is happening every day but it is effecting it enough that it should be addressed. Trustee Zuckerman stated that the spirit of cooperation between the Blind Brook School District to its liaison committees is outstanding and we have had a great deal of cooperation and I think that the personal relationships are on a cooperative basis. Mayor Cresenzi stated that before we get into the public hearing, he needed a motion for an Executive Session regarding personnel. Trustee Daly made a motion, but there was not second. Mayor Cresenzi then recommended that the Board postpone this public hearing and go into Executive Session on personnel because there is a serious matter that we cannot leave tonight without discussing. 28 00505:1. November 23, 1993 3. PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: COMMERCIAL VEHICLES On Motion made by Trustee Pellino, seconded by Trustee Daly, the Public Hearing was postponed to the December 28, 1993 meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE On Motion made by Trustee Pellino, seconded by Trustee Daly, the Board adjourned into Executive Session for personnel matters at TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE DISCUSSION Trustee Solomon stated that about a month ago, the board received an anonymous letter from a resident on an ethical issues involving the business which he conducts in the area. Upon receiving that letter, he immediately spoke with the Village Attorney to see whether or not he did have an ethics violation. The Village Attorney assured him that on most of the items, there was no conflict of interest, however he was unsure about one of the items. At that point, it was decided to take this to the Ethics Committee for clarification. A meeting was set up and I was recently told over the phone that I have not violated any ethics according to the Village of Rye Brook Code. Mayor Cresenzi stated that this is part of the Executive Session on personnel. Trustee Solomon wanted to proceed and stated that the Mayor could take that up at that time. Trustee Daly stated that the Mayor is running the meeting and Trustee Solomon could at least listen to him. Trustee Solomon stated that he had the floor and continued. He added that when this was brought to the attention of the Ethics Committee he stated that this matter was a confidential matter and that nothing should be discussed outside of Executive Session, however individuals did not see fit to keep that in Executive Session and there should be a newspaper article coming out very shortly. As far as I am concerned, the Ethics Committee has stated that I do not have an ethics problem as far as my conducting business in the Rye Brook/Rye Town area. 29 00505 ; November 23, 1993 Mayor Cresenzi stated that the best thing to do is convene the Executive Session to public session and answer any questions that were raised. He stated that today, he recieved four phone calls from Eve Heyn, a reporter from the Daily Item regarding this issue. She stated that there was a report out that indicated that there were no problems regarding his ethical problem and asked for my comments: I told her that I had not received any reports from the Ethics Committee and had no knowledge of this information and could not comment as everything at this time is strictly confidential. She wanted me to come off the record and explain what was going on and I refused to do so. She then made second hand statements that people were accusing each other of various actions regarding this matter. I received a call from Chris who said that the Chairman of the Ethics Committee was faxing over a draft report to be distributed to the Village Board to be reviewed meaning that the more information that was about would be beneficial to the Village Board. Administrator Russo stated that he had an envelope for each Board member with draft determination results from the Ethics Committee Chairman. Mayor Cresenzi stated that he did not want his copy of the information until there is a final copy of the determination and did not want to deal in draft. He recommended to the Board that we do not distribute these preliminary reports until the final copy of ready to be distributed. This should not be discussed with anyone and should not be in the newspapers. Trustee Solomon stated that all of the details of the letter and of discussions held in Executive Session are already in possession of the newspapers and this afternoon I was asked to comment on it. Mayor Cresenzi stated that the report was just faxed over this afternoon at 4:00 p.m. I was called by the reporter at 3:00 p.m. so how would they have known. Trustee Solomon stated that he is not talking about the Ethics Committee report, he is talking about everything that lead up to that report that was leaked to the newspapers. It was read to me over the phone and my comments were solicited by the reporter who told me that I had been cleared. The reporter had the charges and the whole story so it had to come from somewhere. Mayor Cresenzi stated that he was given the same information by the reporter also, two hours before the report was even given to this office. He agreed that it came from somewhere and questioned if Trustee Solomon was insinuating that it came from a member of this Board. Trustee Solomon stated that we are not only talking about the Ethics Committee report, we are talking about the entire situation. Trustee Daly stated that the reporter called her as well and knew about the letter and about the findings of the committee. Trustee Solomon stated that the Ethics Committee directed this Board that this was a confidential matter and not to be discussed outside of Executive Session. He added that he has nothing to hide and did not violate any Ethics Code of the Village of Rye Brook and as far as he is concerned this whole matter has been an attempt to embarrass me. 30 005053 November 23, 1994 Trustee Daly stated that no member of this board ever said that Trustee Solomon was in the wrong or ever made any accusations, which is why it was being referred to the Ethics Committee to begin with. Trustee Solomon stated that someone, somewhere gave the press what they wanted to know.' Mayor Cresenzi stated that he does not work that way, if he has a problem with something, he comes at you head on. I stated in the past when we had differences that I would never blind side you because I don't operate that way. Trustee Pellino stated that he too received a phone call from a reporter who knew that there was going to be an Ethics Committee meeting and they knew who the subject of the meeting was. I was asked what the nature of the agenda was for that meeting and I told them that I could not discuss that. Trustee Daly stated that the reporter must have called her after that because she knew everything about this whole situation. Mayor Cresenzi stated that Trustee Solomon is right to be very upset because of two issues. One, we received an anonymous letter which properly had to be acted upon and it was. Trustee Solomon was very courageous in referring this to the Ethics Committee and dealing with this issue up front in a very positive manner which is commendable. The real issue that is the disturbing issue is the fact that we haven't even seen the envelopes that the information is in and the reporter knew about it before it was even faxed to this office. Since we got an anonymous letter, it is possible that the person who wrote it gave it to the press, but how did the press get the determinations of the Ethics Committee. I Trustee Zuckerman stated that obviously it had to come from the Ethics Committee or if it was a fax which was sent over to the Village Office, there are only two explanations that.1 can think of. j Mayor Cresenzi agreed with Trustee Zuckerman and stated that he was very angry that the ' ethics information got to the press and also that he is being accused of things that are just not his nature. We have to deal with the issue as to whether or not we take these drafts and do something with them. I would rather wait for the final report and leave this sealed in its envelope. Trustee Zuckerman agreed that it would be better to wait for the final report. Mayor Cresenzi stated that we are going to need an Ethics Committee to deal with the Ethics Committee for leaking information. Trustee Zuckerman stated that he doubted that anyone on that committee leaked information. Mayor Cresenzi stated that information of a sensitive nature should not be transferred by fax. 31 005054 November 23, 1993 Trustee Pellino stated that paragraph B of Section 24-14 of the Code of Ethics states: "The Board of Ethics shall render advisory opinions of specific situations of officials, officers and employees of the Village with respect to Article 18 of General Municipal Law and any Code of Ethics adopted pursuant to the written request of any such officer or employee under the rules and regulations that the Board may deem possible". In paragraph C, it states: "The Board of Ethics, upon its formation shall promulgate its own rules and regulations and shall at all times maintain appropriate records of its opinions and proceedings". Trustee Pellino added that there is a basis of procedure for the Ethics Committee and they should be operating with respect to Article 18 of the General Municipal Law. Attorney Powell stated that it is their right to establish their own procedures. Trustee Zuckerman stated that the only thing we should receive from them is the final report and not a draft report. Trustee Pellino directed Administrator Russo to hold onto his draft report along with Mayor Cresenzi, Trustee Zuckerman and Trustee Daly. Trustee Solomon stated that he would like to see the draft report and added that he finds it hard to believe that anyone in this group would leak information to the paper when they state in their letter that this is a confidential matter not to be discussed outside of executive session so I feel that you should look in another direction. Trustee Zuckerman agreed with Trustee Solomon and that he has difficulty believing that there is any impropriety on their part. I Mayor Cresenzi directed Chief Santoro to have the Detective Bureau to conduct an investigation because this is not right and we have to deal with it. ADJOURNMENT On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the meeting was adjourned at 11:00 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, Elizabeth Bottali Secretary to Village Board 32 AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING NOVEMBER 23,1993 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1. MOBIL OIL CORPORATION RIDGE STREET/BOWMAN AVENUE PROPOSED WALL SIGN 2. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R LOT - MAINTENANCE AREA 3. PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: COMMERCIAL VEHICLES RESOLUTIONS 4. APPROVING DRIVEWAY INTERCONNECT 200 SOUTH RIDGE STREET MERRITT & HOLBY, INC. 5. APPROVING FREE STANDING SIGN RYE RIDGE SHOPPING CENTER MERRITT & HOLBY, INC. 6. APPROVING SPECIAL USE PERMIT/SITE PLAN 81 BOWMAN AVENUE DR. STEVEN KLEIN, D.D.S. SECTION 1, BLOCK 21, LOT 12 7. ADOPTING LOCAL LAW # 7-1993 SOLID WASTE AND RECYCLING 8. VILLAGE OF RYE BROOK CONSENTING TO WESTCHESTER COUNTY I.D.A. FINANCING OF THE AIRPORT PARKING GARAGE AND RESCINDING PRIOR OBJECTION RESOLUTIONS