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HomeMy WebLinkAbout1992-11-24 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING NOVEMBER 24, 1992 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION RESOLUTIONS 1. APPROVING INSURANCE SETTLEMENT AUSTIN & MERRITT, INC. 2. SETTING PUBLIC HEARING DATE LOCAL LAW M2-1992 VILLAGE OF RYE BROOK CODE 3. SETTING PUBLIC HEARING DATE UNITED CEREBRAL PALSY\KING STREET SECTION 1, BLOCK 2, LOT 3A1 SITE PLAN & SPECIAL USE APPROVAL 4. DESIGNATION OF DEPOSITORIES 5. AUTHORIZING INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY RE: AUXILIARY POLICE 6. ESTABLISHING LEGAL COMMITTEE 7. SETTING DECEMBER MEETING DATE BOARD OF TRUSTEES 8. APPROVING THE 1992 STOP DWI PATROL PROJECT AND REIMBURSEMENT CONTRACT 9. REFERRAL TO THE PLANNING BOARD FRAN-MAR CINEMA, INC. RYE RIDGE SHOPPING CENTER ADDITION TO MOVIE THEATRE SECTION 1, BLOCK 22, LOT 3 10. CHECK REGISTER NEXT MEETING DATE: TUESDAY, DECEMBER 15, 1992 - 8:00 P.M. i 0045-28 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 24, 1992 8:00 P.M. CONVENE MEETING The Meeting was called to order at 8:00 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 R. Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass1t to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth Powell, Village Attorney Joseph Cortese, Village Treasurer Elizabeth Bottali, Secretary to Village Board 0045- 'd November 24, 1992 RESOLUTIONS 1. APPROVING INSURANCE SETTLEMENT AUSTIN & MERRITT, INC. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION AUSTIN AND MERRITT INSURANCE SETTLEMENT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the settlement of an insurance settlement with Austin and Merritt, 70 Riverdale Avenue, Greenwich, Connecticut upon the following terms and conditions: 1. Austin and Merritt and John T. Winter shall defend and indemnify the Village against any and all cost and expenses arising out of public officials and police officials liability claims which are not covered by insurance prior to January 29, 1992 . 2 . Austin and Merritt and John T. Winter will maintain, at their own cost and expense, errors and omissions liability insurance for six (6) years which Austin and Merritt and John T. Winter represent will also provide coverage in the event there are claims made alleging public officials or police officials liability which are not covered by insurance. 3 . Austin and Merritt and John T. Winter acknowledge legal responsibility for any gaps in police and public officials insurance prior to January 29, 1992 . 4 . Austin and Merritt and John T. Winter will be responsible for the bill of Risk Management Services in the sum of $39, 250 for the audit of Village insurance coverage. 5. The Village will be solely responsible for the payment of the premium, if any, as a result of the audit of Royal Insurance Company in the present sum of $52,797 . 00. 6. Austin and Merritt and John T. Winter will release any claim against the Village. 7 . Upon execution of the settlement, the provision of fully executed releases, payment to Risk Management Services, the Village will pay Austin & Merritt the sum of $200, 000 which represents a substantial reduction of the bill tendered to the Village in excess of $350, 000. 00. 8 . The Agreement will not affect any right or remedy which the Village may possess against Austin and Merritt and John T. Winter; and be it 2 0045-3-1 November 24, 1992 FURTHER RESOLVED, that the Mayor, or his authorized designee, is empowered to execute and deliver all documents necessary or appropriate to carry out the purpose of this Resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. SETTING PUBLIC HEARING DATE LOCAL LAW #2-1992 VILLAGE OF RYE BROOK CODE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE LOCAL LAW #2-1992 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK" I RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, December 15, 1992 at 8: 00 p.m. at the Village Office, 90 South Ridge Street, Rye Brook, New York to consider adoption of proposed Local Law #2-1992 entitled: Village of Rye Brook Code. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi announced that this hearing will be to briefly, review the changes that took place during the first public hearing. Trustee Zuckerman questioned why the House Numbering Law that was passed a while back is not included in this packet. Administrator Russo stated that it is not part of the Codification and we will file that after we file the Code. Plumbing we were able to add as part of the codification but the Numbering Law was not. We will have to renumber it and re-approve it as Local Law #1-1993 . There were some revisions that we were considering so we will probably review it again. We should really complete the Code first and get it on the books. 3 004531 November 24, 1992 Trustee Zuckerman stated the Code service has noted some minor changes that they suggest for several of these laws that are in the codification. Do we need a public hearing on each change or are we going to have one public hearing to handle all matters relating to this codification and the laws as proposed here. Administrator Russo stated that we did not need a Public Hearing on each change. 3. SETTING PUBLIC HEARING DATE UNITED CEREBRAL PALSY\RING STREET SECTION 11 BLOCK 2, LOT 3A1 SITE PLAN & SPECIAL USE APPROVAL On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: I RESOLUTION SETTING PUBLIC HEARING DATE UNITED CEREBRAL PALSY KING STREET SECTION 1, BLOCK 21 LOT 3A1 SITE PLAN AND SPECIAL PERMIT APPROVAL RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, December 15, 1992 at 8: 00 p.m. at the Village Office, 90 South Ridge Street, Rye Brook, New York to consider an application from United Cerebral Palsy for Approval of a Site Plan and Special Permit at the property located on King Street and also known on the official Tax Map of the Village of Rye Brook as Section 1, Block 2 , Lot 3A1. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Pellino reminded the Board that Tom Gissen should be present at that Public Hearing. Trustee Zuckerman noted that we should pay special attention to the parking issue, which was also an issue before the Planning Board. Administrator Russo stated that we are still waiting for a letter from SUNY Purchase. Trustee Daly questioned if they have done anything about their drainage issues. Sy Tarshis questioned what was going to be extended at United Cerebral Palsy. 4 i 0045-32 November 24, 1992 Administrator Russo explained that they are going to be extending their main building. Most of it is in Greenwich, but part of it is in Rye Brook. The are currently operating under a special use permit. 4. DESIGNATION OF DEPOSITORIES Administrator Russo explained that due to the merger of the Bank of New York and Barclay's Bank, we added Chase Manhattan Bank in Rye, as another competitive depository. In April when we adopt our official resolutions at our Annual meeting, we will add them in as another option for us to get quotes on CD's and so on. Trustee Pellino questioned how we came up with Chase Manhattan as opposed to other banks. Administrator Russo explained that it is the only commercial bank in the area that we can use. We are required by law to use a commercial bank. Mr. Cortese, Village Treasurer, stated that we requested to use City Bank and the request was denied, City Bank refused because many banks don't choose to get involved in municipal dealings. Trustee Pellino questioned if Village Savings is precluded from being considered. Mr. Cortese replied no, that Village is a commercial bank now, as it has been changed to Village Bank. We could have one more bank on the list if we wanted to. We would have asked them last year, but they just recently changed to commercial. On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that Chase Manhattan Bank, located at 73 Purchase Street, Rye, NY will be added to the list of depository Banks for the Village of Rye Brook due to the merger of the Bank of New York and Barclay's Bank for the remainder of the current official year. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5 0041.-)33 November 24, 1992 5. AUTHORIZING INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY RE: AUXILIARY POLICE On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY REGARDING THE VILLAGE AUXILIARY POLICE RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby enter into an inter-municipal agreement with the County of Westchester regarding the Village Auxiliary Police and under which: 1. The Village may utilize the Auxiliary Police for functions authorized by law under the command of the Village Police Department, subject to County directions which shall have priority. 2 . The Village will be responsible for recruitment, interviewing, testing, and background investigations; 3 . The Village will provide uniforms, identification and maintain a roster of members and accept new members subject to the right of the County to reject a proposed member or order removal of a member; 4 . The County will provide basic training and instruction; 5. The Village will defend and indemnify the County against any cost or liability on account of the Auxiliary Police arising out of the agreement, except for County negligence, and the Village will be responsible for maintaining insurance; 6. The agreement will be subject to termination by either party on 30 days notice; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to effectuate the purposes of this resolution. Trustee Pellino questioned what additional insurance cost, if any, will this involve. Administrator Russo replied that there would be no additional insurance cost for the Village. We are already covered by our Workers Compensation. Trustee Daly questioned how this agreement differs from the one last year. 6 0045'34 November 24, 1992 Administrator Russo stated that the County has a standard insurance requirement that is attached to all their intermunicipal agreements, which was in our specs when we redid the insurance and went with Travelers. Trustee Solomon questioned if our current auxiliary police will be reviewed by the County. Mayor Cresenzi replied no, because all of this insurance that they are asking for, has already been in place. Trustee Daly questioned if we have to pay anything toward the training instruction. Mayor Cresenzi stated that the County provides the instruction and their may be a very small charge of $3 .00 or $4. 00 per person. The main thing that we have to pay for is the uniforming of the men and providing the equipment to them. Trustee Solomon questioned if that equipment will include sidearms. Mayor Cresenzi replied no, that it never has. The issue of sidearms among the Police has always been a Village or Town option. The Cities are not bound by this agreement, they are able to operate their own auxiliaries separately from any County jurisdiction or State jurisdiction. It has always been a local option. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. ESTABLISHING LEGAL COMMITTEE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ESTABLISHING LEGAL COMMITTEE WHEREAS, there is hereby established a "Village of Rye Brook Legal Committee" for the Village of Rye Brook, members of which shall serve at the pleasure of the Board of Trustees; and WHEREAS, the "Village of Rye Brook Legal Committee" shall provide legal studies for the Village of Rye Brook on subjects referred to the Committee by the Board of Trustees which studies shall be of a long range planning nature and shall be provided on a confidential basis; and 7 004531 November 24, 1992 WHEREAS, the "Village of Rye Brook Legal Committee" shall be composed of members selected by the Board of Trustees; and NOW, THEREFORE, BE IT RESOLVED, that the following persons are hereby selected to serve on the "Village of Rye Brook Legal Committee": Michael Stolzar 19 Rockinghorse Trail Peter Bernbaum 5 Acker Drive Barbara Goodstein 1 Rock Ridge Drive Bruno Gioffre 18 Beechwood Blvd. Michelle Fredman 11 Eagles Bluff and be it; FURTHER RESOLVED, that Michael Stolzar of 19 Rockinghorse Trial be appointed Chairman. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. SETTING DECEMBER MEETING DATE BOARD OF TRUSTEES On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION SETTING DATE FOR DECEMBER BOARD MEETING RESOLVED, that Tuesday, December 15, 1992 at 8:00 p.m. be hereby approved as the Regular Village Board of Trustees Meeting date in the Village of Rye Brook for the month of December; and be it FURTHER RESOLVED, that Tuesday, December 29, 1992 at 5: 00 p.m. be hereby approved as a Special Meeting for the Approval of Bills. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8 00453o November 24, 1992 S. APPROVING THE 1992 STOP DWI PATROL PROJECT AND REIMBURSEMENT CONTRACT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROVING THE 1992 STOP DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT WITH WESTCHESTER COUNTY RESOLVED, that the Board of Trustees hereby approves entry by the Village of Rye Brook into a 1992 STOP - DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT with Westchester County for the period of June 1, 1992 to December 31, 1992 under which the Village would receive reimbursement in the amount not to exceed $7, 000. 00 for it's participation in that program; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to effectuate the purposes hereof. Trustee Solomon questioned how much money we qualify for now. Administrator Russo replied that it is approximately a few thousand dollars. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. REFERRAL TO THE PLANNING BOARD FRAN-MAR CINEMA, INC. RYE RIDGE SHOPPING CENTER ADDITION TO MOVIE THEATRE SECTION 1, BLOCK 22, LOT 3 Administrator Russo read the resolution. Trustee Solomon stated that the Memo from Frederick P. Clark & Associates stated that all these changes are uncalled for and should be looked at as a whole. He suggested that we send this application back and come before us with all of these little things to be looked at as a whole. Rocco Circosta, Director of Public Works explained that the other two items that Mr. Gissen was referring to in his memo, have already been referred to the Planning Board and this one application was not. We need to refer this to the Planning Board and they will request that they do this as a total site plan. 9 0045-3 November 24, 1992 Trustee Zuckerman questioned if we could, in our referral, mandate that the Planning Board consider it as a single site plan revision. Mayor Cresenzi stated that we gave them an offset on the parking when they built the medical building, because they were shy spaces then and they still haven't added any. Administrator Russo stated that we could require they do this or else not take it up unless it is done. Trustee Zuckerman stated that even though it is a separate site, he would even want to include 200 South Ridge Street as part of the package since one of the items in the site plan is the traffic isle or exitway between the two shopping centers. We have to start considering these things as an entire whole. If we consider them peacemeal, we are doing the Village a disservice. Administrator Russo stated that the Planning Board decided to take the actual use of lower basement space and make a recommendation on that. Trustee Zuckerman stated that as part of viewing that basement area, you have to view the parking and view also the traffic between the two shopping centers and the parking in the main shopping center, which will again go along with the proposed theatre. Trustee Pellino stated that the approval for the 200 South Ridge Street project and the basement area had a stipulation that if they wanted to do anything with that basement area, they had to come back to this Board and follow the necessary procedures relating to that specific project. It may not be fair to turn the tables at this point and make any changes in that project conditional and make them part and parcel of changes to the original Rye Ridge Shopping Center with the exception of the interconnect. Mr. Circosta stated that the interconnect is something that the applicant is moving up on his own. That interconnection was not a mandate at that time. Trustee Zuckerman stated that it was a definite mandate. When we were discussing the use of the basement and the fact that we believed that it would be used for storage, and that if they would change the use they would have to come back to the Board, we were not contemplating at that time that they would be making so many changes in the entire use of the other shopping center. You cannot consider that site separately from the other site. This reminds me of what Mr. Adler of the Planning Board said in terms of ruling this as an entire whole project. This is one of the key sites of our Village and we must have a definite overview of what is to become of this parcel of land in the future. There is no piece of land in our Village that is more central than that shopping center and that defines what this Village is. 10 0 0 41 J3 8 November 24, 1992 Trustee Solomon questioned if this included the offices next to the theatre that they wanted to reopen. j Mr. Circosta replied that it is not included and is strictly a building department manner. Mayor Cresenzi stated that we are dealing with two distinct sites. The lower level met the parking requirements for retail space. If you incorporate one site with the other, you can have further build up on one site because now he has an excess on the one parcel of land. It could end up working against you rather than for you. Trustee Zuckerman stated that if we formally look at two different site plans, we should at least informally look at the entire site and keep in mind exactly what is being used for what. I Trustee Solomon questioned if the offices were traded off for additional developments. Mr. Circosta replied that that was not true. Mayor Cresenzi stated that the tradeoff was made when the medical building was built, they were shy spaces. There was a tradeoff given, since the medical building primarily functions during daylight and the movie theatre is primarily used in the evening we allowed them to trade some of the spaces from the movie theatre to the medical building. Trustee Pellino stated that the owner of the property is the Rye Ridge Shopping Center and the applicant is Fran Mar Cinema. He questioned if this was correct. Mr. Circosta stated that Fran Mar Cinema was the applicant. Administrator Russo stated that it is written in the resolution that they are both joint applicants. Trustee Pellino questioned who would be responsible for the fee. Administrator Russo stated that we are better off if the property owner is the applicant. He questioned if the Board could decide who the applicant is. Trustee Zuckerman stated that if we reject the application for not having a proper applicant, then we can, because it is not a proper applicant on legal grounds. Trustee Pellino added that it is important to find out who the applicant is because of the parking issue. Administrator Russo recommended that we not refer this application at all. Mayor Cresenzi agreed because the parking is the key and it is owned by Merritt and Holby. 11 004 3J November 24, 1992 Trustee Zuckerman stated that it should at least be a joint application. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the resolution was tabled and will be placed on the agenda for the January Meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. CHECK REGISTER On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, 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; On-Line Checks: #5591-5671 Payroll Checks: #8421-8517 Environmental: #366 Recreational Trust: (Birthday Run) : Capital: 1044-1045 Manual Checks: NONE NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above- mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12 November 24, 1992 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION LARIZZA/CAPOCCI CONSTRUCTION CORP. SENIOR CITIZEN HOUSING BOWMAN AVENUE/WESTCHESTER AVENUE SECTION 1, BLOCK 21, LOT 10 REFERRAL TO THE PLANNING BOARD WHEREAS, an application was received for Site Plan Approval for the construction of Senior Citizen Housing on the premises known on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 21, Lot 10; NOW, THEREFORE, BE IT RESOLVED, that this matter is hereby referred to the Planning Board this 24th day of November, 1992 for their review and recommendations; and be it FURTHER RESOLVED, that the applicant is hereby required to contribute the amount of $1,500 toward consulting fees of environmental review, and said amount shall be due and payable upon referral to the Planning Board of said application; and be it FURTHER RESOLVED, that if the entire sum is not required for consulting fees, then the balance shall be returned to the applicant. However, additional sums as needed, shall be paid by the applicant. Trustee Zuckerman questioned if this request would need a zoning change. Mr. Circosta stated that it would probably require a zoning change, variance or a the creation of a new zone. Trustee Zuckerman stated that he would also like the Planning Board to look into what the appropriate zoning is for the entire area, while considering the request for approval on that particular site. Trustee Solomon questioned if we need a possible application for rezoning that entire triangle from Ridge Street to Barclay's Bank between Westchester Avenue and Bowman Avenue. Mayor Cresenzi stated that we would not have to do this as a formal change, we could just ask the Planning Board to review that and then work with Frederick P. Clark's Office and then take the Rye Brook South Study and update it and apply the recommendations to that. He added that he would like to get this application moving along. 13 004-04. November 24, 1992 Trustee Daly questioned if this would have to go to the Zoning Board first. Mayor Cresenzi replied no. Trustee Solomon stated that should there be a zoning change the Planning Board would have to recommend this to go to the Zoning Board. Mayor Cresenzi stated that it would not be a zoning change. A variance would have to go to the Zoning Board. If we come up with a new zone for Senior Housing, it would not go to the Zoning Board, this Board would handle it. Trustee Zuckerman stated that he agrees with the Mayor that we should hasten this application as well. Sy Tarshis questioned what they are planning to do. Mayor Cresenzi stated that they are planning 14, small, one bedroom rental units which will be two story attached for Senior Housing. This would be an improvement, as compared to what is currently on the site. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi explained that on Monday, November 23 , 1992 the Village of Rye Brook Board of Trustees had a joint meeting with the Blind Brook Board of Education and one of the main topics of discussion was the traffic problem at Blind Brook High School. The recommendation of our Traffic Consultant which was hired by both the Village and the School Board was for an improvement at the intersection of Glenville Road and King Street where the Village's responsibility would be to improve the traffic signal. There is also some utility pole work there that needs to be completed and we would have to file for the permits to create a new curb cut. The School District would then be responsible for creating a roadway or driveway on their own property. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SUPPORTING APPROVAL OF TRAFFIC RECOMMENDATION FOR BLIND BROOK HIGH SCHOOL ACCESS WHEREAS, the Village of Rye Brook Board of Trustees and the Blind Brook Board of Education jointly funded a study of vehicular access to the Blind Brook High School property; and 14 000-)4 November 24, 1992 WHEREAS, such a study was conducted by the Village's traffic and 1 planning consultants, F.P. Clark and Associates; and WHEREAS, the results of said study indicate the best alternative from a traffic safety standpoint is to realign the entrance beginning with the existing signal light at the intersection of Glenville Road and King Street; and WHEREAS, the Village of Rye Brook acknowledges it's responsibility in the project to include the upgrading of the existing traffic signal, the relocation of utility pole and wiring, and the curbcut necessary to accommodate the proposed roadway. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook subject to further action as may be necessary, including environmental review, affirms the Village of Rye Brook's objective to implement the Blind Brook High School traffic access recommendation made by Frederick P. Clark Associates. Trustee Pellino stated that the acknowledgement of our responsibility as we have it worded here regarding the light, pole and curbcuts should say that it is all contingent upon the School Boards approval of funding for their part of the project, because we have agreed to what our part of the project is, but we are not so sure that they have agreed to what their part of the project is. We need to have it made clear that it is subject to the School Districts final decision on their portion. Mayor Cresenzi stated that the Village has a big safety issue here and we all acknowledge that. It is my feeling that we proceed with the improvements for the Village to do what it can to eliminate the problem there and then when the School Board decides, they put in their road, our responsibility is taken care of and they just have themselves to deal with. Trustee Pellino questioned if we should just go ahead with the light. Mayor Cresenzi stated that we should go ahead with the light, the improvements and then it becomes the Board of Education's issue to finalize the project. Trustee Zuckerman stated that he is in agreement with the Mayor on this. He added that this resolution obligates us to go forward, it does not mean that we are starting construction tomorrow. We don't have any cost estimates yet and what we need to do is get the necessary information and to go firmly with the Environmental Impact Statement. 15 UUP J November 24, 1992 Trustee Zuckerman added that one of the issues raised at the meeting was the question of the Environmental Impact Statement, which was probably largely that of the Village Board and not the School District, because they will be using what was an existing roadway as we are going to be making new curbcuts into the traffic area of King Street, so we really need to go forward with that part forthwith. Administrator Russo stated that Mike Galante researched that issue and verified that the process that the School District requires under the State Education Law is that the Department of Education must be the lead agency for the School. This is a non-significant type of action, however the School District has to go through a process that does include the Department of Environmental Conservation conducting a review with the State Education Department. Mr. Galante stated that he doesn't see any problem from an Environmental standpoint, however, there is a process that the School must go through which is more cumbersome than ours. Trustee Solomon questioned if Rye Brook is responsible for the Ten Foot Right-of-Way ten feet from the curb. Mr. Circosta explained that the State is responsible from curb to curb. Trustee Solomon questioned if the rock wall is Village property. Mr. Circosta stated that the rock wall may be the property line between the school districts property and the State Right-Of-Way. The sidewalk area is in the jurisdiction of the Village. Mayor Cresenzi stated that we should move forward on this. Trustee Pellino stated that he agreed and has felt this way since he was a member of the Traffic Commission. Trustee Solomon questioned if a survey was required. Mayor Cresenzi stated that the School may already have a survey of their property, which will determine the property lines. Since they are installing the road, they will have to lay out the center line of the road and the curbcut. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Solomon complained of the Environmental Protection Agency's lack of responsibility toward the Village of Rye Brook. 16 0045'4_� November 24, 1992 Trustee Zuckerman stated that they still have not given us a summary. We got a map which shows what happened as a result of the clean up and according to the map, there was really no change. The taxpayers money was spent and it doesn't look any cleaner. We have referred all these reports to our newly formed Environmental Committee to study and comment. Mayor Cresenzi agreed with Trustee Zuckerman. Trustee Zuckerman stated that County Legislator, Martin Rogowsky will be present at the December 15, 1992 Board of Trustees Meeting to discuss issues of interest. Mayor Cresenzi added that he will speak on Airport issues, the County Budget and items that relate directly to Rye Brook. Trustee Solomon stated that he was invited by the Port Chester PTA to come and make a presentation to get their help in fighting the Airport problems. They have also invited a member of our Airport Committee and are hoping to have Mr. Rogowsky attend as well. Trustee Zuckerman stated that we should have that Meeting on Cable. Trustee Pellino questioned how we were doing on the Property Surveys of Rye Hills and Harkness Park. Mr. Circosta replied that Harkness Park is in the works, as we have contracted with Roland Link Surveyors and it will probably take about two weeks to get that done. We have one proposal from Charles Sells to do Rye Hills Park. and Link Surveyors is also sending us a proposal. Once we have the proposals in hand we can award that contract. The proposals are certified property line surveys and will include maps, show improvements and any type of encroachment on the site. Trustee Pellino questioned what the letter from the Rye, Rye Brook and Port Chester Volunteer Ambulance Corp was pertaining to. Administrator Russo explained that their newly instituted insurance recovery program is going along very well and they are not proposing an increase in the budget amount for the next calendar year. He attended a financial status meeting last week and the next step is to determine what is the most prudent thing to do with the excess monies from the insurance recovery. They have some debt at 13 1/2 % from when they purchased the previous ambulance and they spoke about paying that down. The Ambulance Corp is looking into doing a study regarding going to 24 hour service. Whatever they do, and however we evaluate it, they need to come up with a five year plan for us to evaluate it. That meeting was attended by Frank Culross, from the City of Rye, Fritz Falanka, George O'Hanlon and Trustee Sam Terenzi all from the Village of Port Chester. Trustee Daly questioned if we have any say in what they do, as far as hiring new employees or purchasing new ambulances. 17 1 e1F)i4 November 24, 1992 Administrator Russo stated that we have a say in their budget. Our representatives attend those Board Meetings and have input on issues that are discussed. Trustee Daly stated that United Hospital should really pay for the volunteers to get their flu vaccination. Administrator Russo stated that they need to budget for that, but are still trying to work something out with United Hospital. Sy Tarshis stated that he recently read in the paper that the Village of Rye Brook was paying more for Fire Services than the Village of Port Chester. He questioned if anything was done about that. Mayor Cresenzi explained that the report was presented at a public Village Board Meeting and there were discussions held with officials from the Village of Port Chester. They were given copies of the report and are in the process of reviewing it and formulating a Public Safety Sub-Committee, chaired by John Branca and we will be formulating a Sub-Committee to deal with negotiations going forward on how to resolve this issue. Trustee Zuckerman stated that the Village Administrator received a correspondence from the New York State Department of Transportation regarding a request for signage on the Hutchinson River Parkway regarding the Village of Rye Brook. The letter mentions that the Parkway is going to be reconstructed in 1996. We have a large intersection with several egress entrances from King Street and Ridge Street onto the Hutch and we should request that the Traffic Commission study that entire situation prior to the actual planning for the construction so that we have the maximum amount of input. Mayor Cresenzi agreed with Trustee Zuckerman and added that perhaps we could get a professional opinion from Mike Galante as well. Jules Harris questioned if the Hutchinson Parkway is widened, would it be closer to the houses and if so, would there be noise barriers installed. Trustee Zuckerman stated that we will be involved from the early planning stage so that we find out what it is they are doing from the beginning. Trustee Solomon stated that even from this point, we should politely ask or insist that they install noise barriers along with this project. Trustee Pellino suggested that if it is all right with the Mayor and the rest of the Board, that we ask Administrator Russo to write a memo to the Traffic Commission to advise them of this conversation and give them a copy of the letter and ask them to begin studying various types of proposals dealing with this issue. Also to be included in the memo, could be that we are asking Frederick P. Clark Associates for input as well 18 004 4o November 24, 1992 Trustee Solomon questioned if we should also contact the Government -1 Agency responsible for this and inform them that we want input. Administrator Russo stated that he would do that also. ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the meeting adjourned into Executive Session for personnel litigation at 9 : 25 p.m. RECONVENE The Meeting of the Village of Rye Brook Board of Trustees was reconvened into Public Session at 10:20 p.m. On Motion made by Trustee Zuckerman, .seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ASSISTANT BUILDING INSPECTOR SALARY ADJUSTMENT RESOLVED, that the Salary for the position of Assistant Building Inspector shall be $39, 690 effective December 1, 1992 . TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ADJOURNMENT The Meeting was adjourned at 10: 20 p.m. Respectfully submitted, Elizabeth Bottali Secretary to the Village Board 19