HomeMy WebLinkAbout1991-11-26 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
REGULAR MEETING
NOVEMBER 26, 1991
8:00 P.M.
PLEDGE OF ALLEGIANCE ACTION
PUBLIC HEARINGS
1. SVETKO IVANOV
82 VALLEY TERRACE
SECTION 1, BLOCK 6B, LOTS 6-12
APPROVAL OF SUBDIVISION
2. KEN LOEWENTHEIL & DAUGHTER INC.
SECTION 1, BLOCK 12, LOTS 1B1 A-2,
1B-B, AND 1B1-A
ROAD DEDICATION OF DEER RUN
RESOLUTIONS -
3. HONORING PEARL HARBOR WEEK
DECEMBER 7 - 14, 1991
4. SETTING DATE FOR DECEMBER
VILLAGE BOARD MEETING
5. CHECK REGISTER
APPROVAL OF MINUTES
6. OCTOBER 8, 1991
7. OCTOBER 22, 1991
WRITTEN COMMUNICATIONS
8. CHIEF ROBERT J. SANTORO
RE: LOCAL LAW REQUIRING BUILDINGS
TO DISPLAY STREET NUMBERS
DISCUSSION
9. FIRE/EMERGENCY NOTIFICATION POLICY
NEXT MEETING DATE
DECEMBER 17, 1991
RECYCLING IS THE WAY OF THE FUTURE!
MINUTES OF A REGULAR MEETING ®02 Q" u
BOARD OF TRUSTEES
VILLAGE OFFICES
VILLAGE OF RYE BROOK
NOVEMBER 26, 1991
CONVENE MEETING
Mayor Cresenzi convened the Meeting at 8.00 p.m. and the Pledge of
Allegiance followed.
Present were the following members of the Board:
Mayor Salvatore M. Cresenzi
Trustee Michele R. Daly
Trustee Joseph Pellino
Trustee Robert J. Ravich
Trustee Randy A. Solomon
Also present were:
Christopher J. Russo, Village Administrator
Lori Ann DeMarco, Asst. to Village Administrator
Rocco V. Circosta, Director of Public Works
Edward F. Beane, Village Attorney
Joseph Cortese, Village Treasurer
Elizabeth Czajkowski, Secretary to the Village Board
Thomas Gissen, F.P. Clark Associates
00?004
November 26, 1991
Mayor Cresenzi stated that we would deviate from the Public Hearing
section of the meeting to hear members of the Pool Committee who are
in attendance this evening to discuss a municipal pool in the Village
of Rye Brook.
Laurie Landes, Chairperson of the Pool Committee, introduced John
Haley, a member of the Pool Committee to give some insight as to what
has been taking place.
John Haley stated that they recommended to the Board that the Village
retain Lawrence Raffaelli, a leading expert in pools in the area, to
build a Pool in the Rye Hills Park. He listed many Towns where Mr.
Raffaelli serviced both in and out of New York State. He has
designed a layout for a pool complex. To put a pool in, with a bond,
the average household would have to pay $42 a year for twenty
years. The average household currently pays $12,300 per year. We
have found that a pool in the Village would increase property values.
The costs of joining a pool in the area are astronomical, Rye Golf
Club is over $1,000 a year. He then introduced Mr. Larry Raffaelli
to the Village Board.
Mr. Raffaelli stated that it has been over a year since they have
started on their 90 day report. A Recreation study was done in 1987
by Frederick P. Clark & Associates and it was determined that more
people wanted a pool in the Village than anything else. He explained
that by having a pool, the Village will be able to give instruction,
as everyone should learn to swim. Swimmers could also race and
compete. For toddlers, you would need a shallow pool going from six
inches deep to one foot. Then for older children, you would need a
three foot training pool where they could be taught to swim. A
recreation pool would be from three feet to five feet. A pool such
as this would be great for Senior Citizens to do calistenics in or
just to cool off in. Also a separate twenty five meter pool for
competition is proposed. They could learn to swim, dive and race. A
thirteen foot deep diving pool was looked into but we have decided to
combine it with the competition pool. Therefore we would have a
separate diving and competition pool and also a recreation pool.
A various number of sites were looked into and Rye Hills Park was
chosen as the best site. The site will not disturb the neighbors and
is very accessible.
Mayor Cresenzi pointed out that this was not a public hearing, and
there would be no action taken this evening as this meeting was only
to receive a report from the Pool Committee and Mr. Raffaelli
Trustee Daly questioned how much area the pools and bathhouse would
cover.
Mr. Raffaelli replied that there would be an acre and a half for the
pools and bathhouse and an acre for the parking lot.
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November 26, 1991
Trustee Daly questioned why the site at King Street was not chosen
since Crawford Park is very hilly and Mr. Raffaelli stated earlier
that flat land is preferable.
Mr. Raffaelli stated that there is a water table problem at the King
Street Site and they would have to use part of the fill area.
Trustee Daly questioned a rock problem at Crawford Park.
Mr. Raffaelli stated that looking around the site, it seemed to be
okay.
i
Trustee Solomon questioned staffing and maintenance required.
Mr. Raffaelli stated that you would need a guard, depending upon
their certification and degree, at a salary of $5, $6 or $7 an hour.
The wading and training pool would require one person and the
recreation pool would require two people.
Mr. Haly added that costs of staffing would really be payed for by
the people that use the pool. A membership fee would be charged to
cover the membership costs which would be about $100,000.
If 400 families signed up for memberships the fee would be $250 a
family. He stated that the Village really should pay for production
costs for it benefits property value in the Village. Residents that
may never even set foot in the pool would benefit because of enhanced
property values.
Trustee Solomon questioned if the ground staff and insurance are
included in the maintenance fee. He also questioned when the pool
would open and close for the season.
Mr. Raffaelli replied that minimal ground staff is included in the
maintenance fee and there is a $20,000 fee for insurance. The pool
would open on Memorial Day and close on Labor Day.
Trustee Ravich questioned if it was common that municipalities are
eliminating diving due to the liability in diving programs.
Mr. Raffaelli stated that when the pools are properly designed there
is not a problem with the liability.
Trustee Solomon questioned screening and noise.
Mr. Raffaelli stated that there is a noise level but it is not that
excessive and there is a row of trees which makes up considerable
screening.
Frances Forti questioned how many people were surveyed and how many
residents were in favor of the pool. She stated that she was never
asked.
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November 26, 1991
Mr. Raffaelli stated that in the report from Frederick p. Clark &
Associates it stated that well over fifty percent of the residents
were in favor of a pool.
Alan Vernon of the Rye Hills/Rye Brook Homeowners Association stated
that he was opposed to the building of a swimming pool in the Village '
of Rye Brook and specifically in their neighborhood. Mr. Vernon
stated that it is inappropriate, the persons proposing this are out
of touch with present economic situations and the timing is totally
wrong. They feel there is no need at this present time for a
swimming pool. Talcott Woods and the Arbors have their own pool. We
can also take advantage of SUNY Purchase, Saxon Woods and the
Y.M.C.A. We do not believe that our population would sustain such a
pool that can only be used for three months of the year. We as a
Village have other priorities currently, last year we had proposed to
build our own Village Hall and currently we are proposing to make
better facilities for our Senior Citizens. Why not share the costs
with other towns and build one together with Port Chester or Rye?
Leonard Schettino of 71 Valley Terrace questioned what percentage of
families in Rye Brook already have their own pool?
Mr. Raffaelli replied that he was not sure of the number, however
regardless, if there were many residents owning their own pool, a
municipal pool serves a different purpose. Children all over the
Village can congregate there, learn to swim, dive, race and meet with
their friends.
Dan Paniccia questioned if a formal survey had been done regarding
this.
Mayor Cresenzi stated that a survey was done this summer.
Mr. Paniccia stated that he agreed with Mr. Vernon as to sharing the
costs. He added that Harrison has a very nice facility which is
this would just be adding
With the economy under utilized. Y of today J
another burden.
Ken Heller stated that he is probably the most experienced person in
this community in regard to the use of a municipal pool. People do
not swim when the temperature is cool. We cannot bet on having
extremely hot summers. There are so many other swimming facilities
available within two square miles. Mamaroneck has a pool that is
open all year round. Water and air temperature are also an important
factor. Just the water alone is very expensive and should be taken
into consideration. When we speak of a competitive recreational
program, we are forgetting about coaching, which is very expensive
and long term. There are many costs that we are not even
considering.
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November 26, 1991
A resident stated that she is very much in favor of the pool. She
stated that the reason she, as well as many other members of the
community do not take advantage of the Rye Brook Recreation Day Camp
is because there is not a place for our children to swim regularly
during the summer. This is a very important element for Day Camp.
Donald Brown questioned how much money has been spent on the pool.
Frank Filipowski stated that more than 186 families approached him to
have a pool study done. He addressed the points that Mr. Vernon
brought up in terms of a pool being inappropriate at this time. In
1986, this Village paid $10,000 for a Recreation Study for the future
of this Village. the Village Board at the time was given notice that
a majority of the residents which answered that survey wanted a pool
and a recreation facility. Granted we are going to be spending money
on the Anthony J. Posillipo Community Center, but there is no center
for all Village Residents. Rye Hills is right in the center and
would pull together the two school districts. There is also room for
expansion for a center or whatever else would be placed there. Rye
Hills Park was recommended by Frederick P. Clark Associates as it has
six acres of land and would be at an ideal price. However, at the
time of the study there was no access road leading to the park. Now
we do have an access road, as it was built for free by the developer
of Hidden Falls. Currently, building costs are down as are interest
rates. Now is the ideal time to do this. Property values will
increase in the Village as will the number of Day Camp users. There
are many more younger children in the Village of Rye Brook than there
were ten years ago. Mr. Raffaelli is an expert who has completed
many projects in other Villages and Towns. Having a pool in the
Community would improve the quality of life as we would all have
something to be proud of.
Dan Paniccia questioned how much money has been spent on this study,
He also inquired whether or not we looked into the site closer to the
Blind Brook High School_
Mayor Cresenzi stated that the Village paid $3,000 for the recent
study that was done by Mr. Raffaelli
Mr. Raffaelli stated that there was a high water table, some fill and
some wetland problems.
Mr. Filipowski added that the Firehouse property on King Street that
Mr. Paniccia was referring to is just over two acres and is not large
enough.
Mr. Paniccia stated that Rye Hills Park is entirely fill.
Mr. Raffaelli stated that it seems to be level and the quality is
fine.
Sheila Filipowski urged those interested to look at the 1987 Pool
Study that the Recreation Department has available.
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November 26, 1991
Roger Herman stated that there was a recent study done this summer
that is more in tune with today.
Lori Landes stated that the figures are currently being analyzed but
of the surveys that were returned she stated that a pool was put down
more than anything else.
Donald Brown stated that Rye Hills Park was the old Price Estate and
was filled in with the muck that was taken from the stream behind
Rock Ridge. Underground there were large cellars that were used many
years ago as tunnels to the garage to the house which have never been
properly filled in. We must be careful as to where we put this pool
as we may have a bigger pool than we expect.
PUBLIC HEARINGS
1. SVETKO IVANOV
82 VALLEY TERRACE
SECTION 1, BLOCK 6B, LOTS 6-12
APPROVAL OE' SUBDIVISION
Mayor Cresenzi convened the Public Hearing for discussion at 9:00
p.m.
John Colangelo, attorney for Mr. Ivanov, stated that they have been
before the Planning Board, who approved the plan unanimously. They
did however, recommend that the lots be made equal 87 1/2 feet each,
splitting lot number 9 and adding to the proposed lot number 2.
There was no problem with that recommendation. Both lots conform to
the Rye Brook Zoning Code. Mr. Colangelo informed the Board that Mr.
Ivanov will avoid blasting if he can as his intentions are to use the
large rock and excavate.
Trustee Pellino questioned if there were plans to immediately
construct homes on the site and if the rock would need to be removed.
Mr. Colangelo stated that Mr. Ivanov also resided on Valley Terrace
and intends to remain there. His intentions are to build a one
family lot on the property in the future that will comply with all
the Zoning requirements. There are no definite construction plans as
to whether or not the rock will be removed.
Trustee Solomon asked Donald Brown if he was familiar with the
property and if there was any underground water.
Mr. Brown replied that he never heard of any underground water in
that area.
Mayor Cresenzi stated that Frederick P. Clark & Associates
recommended that the building envelope and the lot line be shifted.
He questioned how this has been addressed in the drawing.
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November 26, 1991
Mr. Colangelo replied that lot number 9 was split in half and lot
number 1 and 2 would be of equal size, being 87 1/2 feet width. We
have incorporated this recommendation into the subdivision
application.
Thomas Gissen, of Frederick P. Clark & Associates stated that the
purpose was not to adjust the building envelope and to create a
corridor beyond what is shown as the rock area so that one can go
from the front area to the usable rearyard area both for recreational
purposes and for maintenance purposes.
Trustee Solomon questioned if there was a legal liability to the
Village if there is a problem with construction.
Attorney Beane stated that there is no legal liability to the Village
based on it's approval of this site. There are expert opinions and
reports that form the basis of the Village approval. During the
construction phase, Rocco Circosta, Director of Public Works, has
continuing jurisdiction over this and, if there are any problems that
need to be dealt with by the developer, Mr. Circosta is here to see
to that. It is the developers responsibility to construct a home so
that there will not be an increase in any adverse condition. The
Village is not in the same position as the developer, as they only
approve the subdivision based on regulations all of which have been
satisfied.
Mr. Colangelo stated that this is only a subdivision application, not
a site plan application.
I
Trustee Solomon questioned if in the future a house is built on this
rock, does it affect the height requirements of buildings.
Mr. Circosta replied that the rock would not affect the height
because height is measured from the average grade around the
building.
Margaret Monier of 72 Valley Terrace questioned if any of the Board
members have seen this so called rock, if not she has pictures for
the Board members to view. If he decides to blast, her glass porch
will be blown to pieces. It is riot a rock, but a mountain which is
not shallow, but goes very far down, stated Mrs. Monier.
Paul Provenzano, of 51 Valley Terrace stated that he is very opposed
to this subdivision, as it is not in the best interest of the
residents of Valley Terrace.
A letter from Eleanor Barbara of 2 Argyle Road was read into the
minutes. She is also very opposed to this subdivision.
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November 26, 1991
Attorney Beane stated that we have a Planning and Zoning Code that
this subdivision must conform to, which this one does. Unless
granting of the subdivision, not the construction, is absolutely
repugnant to the neighborhood, this Village Board cannot disapprove
the subdivision. There is a very specific and involved blasting
ordinance in the Village, the people must be licensed, put up
substantial bonds, and must have tertian devices on site at all times
to make sure that there will be no damage to any one elses property.
If something should happen to Mrs. Monier's porch, for example, she
will have bonds and insurance all available to her and will not have
to rely on the blasters being there forever. Many concerns of the
residents are construction concerns, which should be expressed during
construction, when the time arises, before the Board of Architectural
Review.
Virginia Atkins of 68 Valley Terrace questioned if there are any
records regarding whether or not the lot is unbuildable.
Attorney Beane stated that there was no such thing as a lot being
determined as unbuildable forever.
Leonard SchetLino of 71 Valley Terrace questioned who determined the
amount of money the bond will be if blasting is done.
Mr. Circosta replied that bond amounts are already established in the
local law.
Mr. Schettino questioned if this bond covers personal damage as well
as damage to various properties. He also questioned who the burden
of proof is on.
Attorney Beane stated that there will be two types of insurance, the
bond and the liability insurance by the blasting company. one or
both of those would cover personal damages. The burden of proof is
always on the person bringing the allegation.
Mrs. Monier asked if the blasting people will take into consideration
that they just might crack a propane tank which is on Mr. Ivanov's
property.
Attorney Beane stated that if in fact there is a tank on the
property, it will be taken into consideration.
Mayor Cresenzi questioned if they can eliminate the problem of
blasting from this issue tonight by making a commitment that there
would be no blasting on the site and every other alternative will be
used to construct on this site.
Mr. Colangelo stated that this is beyond the scope of this particular
public hearing. We are required to comply with all of the
construction codes, which we have already done. He stated that Mr.
Ivanov cannot make that commitment even though he would like to avoid
blasting. The lot will be unbuildable if they are not able to do any
blasting whatsoever.
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November 26, 1991
Mayor Cresenzi stated that Mr. Ivanov can go to an excavator and
request a price on taking the rock down to around level without
blasting.
Mr. Colangelo stated that it is his intention is to build a majority
of the house in front of the rock and also be consistent with the
front line of the other houses on the block. However, he would not
like to limit himself if it were necessary to do a little blasting.
He does not intend to remove the rock, as it is much too big of a
project for a single family house.
Mayor Cresenzi stated once again that this meets the code of the
Village and any homeowner has a right to develop property that meets
the regulations.
Virginia Atkins of 68 Valley Terrace stated that she would like to
refer to an earlier Zoning Board meeting. She raised a question in
regard to authorizing two houses on this lot. She stated that Mr.
Colangelo stated that if they got into the building of the property
and realized that it was more than they could deal with, there would
be laws that they would have to abide by and they would apply for
variances to get around those laws. This means that the construction
will halt, the people will come back to the relevant boards here in
the village and apply for variances to the existing lot. Now ground
has been broken, and the variances will be given against state and
county laws. She suggested that the Zoning Board minutes be looked
at for some clarification as to what Mr. Colangelo said.
Attorney Beane stated that we have no authority to issue any
variances on State or County construction codes. If he started to
build and something went wrong and Mr. Ivanov changed his mind, he
could not just walk away from the site. He would have to restore the
property to it's previous state.
John Scarlotta, of 57 Valley Terrace stated that the people in this
courtroom,probably do not understand the difference between the
Village Board, Planning Board and Zoning Board and the procedure of
what the developer must go through to build a house.
Attorney Beane stated that first an application goes to the Planning
Board, who reviews and recommends it to the Village Board for
approval. If there is a 'Zoning problem, then the developer must go
to the Zoning Board, which cannot be overridden by the Village
Board. This apparently happened with the two lot subdivision which
was denied. In order to override the Zoning Board, the Village Board
would have to sue the Zoning Board. We have very strict local laws
pertaining to construction, blasting and excavation issues. Our
Director of Public Works, Rocco Circosta, will make sure the
developer satisfies all requirements necessary
On Motion made by Trustee Ravich, seconded by Trustee Pellino, the
Public Hearing was closed at 9:55 p.m. pending an approval resolution
to be prepared for the December 17, 1991 meeting.
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November 26, 1991
Trustee Solomon suggested to Mr. Ivanov that he sit down with his
neighbors and calm their fears and concerns before a lengthy process
of obtaining site plan approval.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE RAVICH VOTING AYE
TRUSTEE SOLOMON VOTING AYE
MAYOR CRESENZI VOTING AYE
Mayor Cresenzi opened up the following Public Hearing at 9:55 P.M.
2. KEN LOEWENTHEIL & DAUGHTER INC.
SECTION 1, BLOCK 12, LOTS 1B1 A-2,
1B-B, AND 1B1-A
ROAD DEDICATION OF DEER RUN
Sandy , attorney for the developer, stated that he was here this
evening seeking permission for the dedication of the roads.
Attorney Beane explained the resolution, stating that the subdivision
has been fully completed, as has the roadway according to the plans
and specifications of the Village of Rye Brook. The only step left
to complete the subdivision is for the Village to accept dedication
of the roadway. This is done by resolution, requiring the Developer
to furnish the Village with a duly executed deed of dedication of the
road in a form approved by the Village "Attorney, which has already
been done. They also must furnish the Village a title insurance
policy in the amount of $60,000 certifying to the Village that the
developer had good and marketable title to the roadway and that the
developer pay all recording fees and expenses necessary to record the
deed of dedication. Attorney Beane stated that there is absolutely
no reason for the Village not to accept dedication of this Road.
� On Motion made by Trustee Ravich, seconded by Trustee Daly, the
following resolution was adopted:
RESOLUTION
DEER RUN
DEDICATION OF ROADWAY
SECTION 1, BLOCK 12, LOTS 1B1 A-2,
1B-B, AND 1B1-A
WHEREAS, by Resolution dated August 25, 1986, a copy of which is
annexed to this Resolution, the Board of Trustees granted Subdivision
and Approval to the Developer, Loewentheil-Rye Brook, Inc. with
respect to property located on Lincoln Avenue, and also known as
Section 1, Block 12, Lots 1B1 A-2, 1B-B, and 1B1-A; and
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November 26, 1991
WHEREAS, said Subdivision Approval was modified by a separate
Resolution dated June 23, 1987; and
WHEREAS, pursuant to the provisions of the Subdivision Approval, as
modified the Developer was required to construct the above captioned
Roadway in accordance with the approved plans and specifications and
the Developer also was required to post a Performance Bond in favor
of the Village of Rye Brook to secure construction of the Roadway in
conformance with said plans and specifications; and
WHEREAS, a Performance Bond in the amount of $210,000 was posted and
thereafter said Roadway was constructed in accordance with the
approved plans and specifications and said construction was approved
by the Director of Public Works on or about November 1991; and
WHEREAS, the Developer seeks to terminate its obligation under the
Performance Bond posted to secure its construction of the roadway
designated above based on the Roadway's Completion; and
WHEREAS, the Developer now desires to dedicate said Roadway to the
Village of Rye Brook and to secure from the Village Board a release
of its Performance Bond;
NOW, THEREFORE, BE IT
RESOLVED, that the Board of Trustees hereby accepts dedication of the
Deer Run Roadway as described in the Deed of Dedication to be
executed by the Developer and presented to the Village within
forty-five (45) days of the date of this Resolution. The acceptance
of the dedication is expressly conditional on and shall not occur
until the Developer satisfies the following conditions:
(1) The Developer furnished the Village of Rye Brook with a duly
executed deed if Dedication of the Deer Run Roadway in a form
approved by the Village Attorney.
(2) The Developer furnished to the Village with a Title Insurance
Policy in the amount of $60,000 certifying to the Village that
good and marketable title to the Roadway and that has been
conveyed to the Village by the" Developer.
(3) The Developer pays all recording fees and expenses necessary to
record the Deed of Dedication; and be it
F'UR'THER RESOLVED, that upon the satisfaction of the "three conditions
set forth herein, the Developer shall be released from the
obligations of the Performance Bond for the construction of the
Roadway in accordance with the provisions of this Resolution; and be
it
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November 26, 1991
FURTHER RESOLVED, that this Resolution shall be binding on the heirs
and assigns of each party.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE RAVICH VOTING AYE
TRUSTEE SOLOMON VOTING AYE
MAYOR CRESENLI VOTING AYE
RESOLUTIONS
3. HONORING PEARL HARBOR WEEK
DECEMBER 7 - 14, 1991
On Motion made by Trustee Solomon, seconded by Trustee Ravich, the
followina resolution was adopted:
RESOLUTION
PEARL HARBOR DAY
WHEREAS, December 7, 1991 will be the fiftieth (50th) anniversary of
the Japanese attack on Pearl Harbor; and
WHEREAS, this event has been memorialized as "Pearl Harbor Day"; and
WHEREAS, the Village of Rye Brook wishes to recognize this historical
moment and the American service men and women who gave their lives in
the services of their Country in that attack.
NOW, THEREFORE, BE IT
RESOLVED, that all flags in the Village of Rye Brook be lowered to
half-mast on Saturday, December 7, 1991 and remain at half-mast until
December 14, 1991; and be it
FURTHER RESOLVED, that the Village Clerk obtain new flags for all
Village flagpoles and that the new flags be displayed on or by
December 7, 1991.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE RAVICH VOTING AYE
TRUSTEE SOLOMON VOTING AYE
MAYOR CRESENZI VOTING AYE
Donald Brown suggested that the Village purchase nylon flags as they
last a lot longer.
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November 26, 1991
4. SETTING DATE FOR DECEMBER
VILLAGE BOARD MEETING
On Motion made by Trustee Ravich, seconded by Trustee Pellino, the
following resolution was adopted:
RESOLUTION
SETTING DATE FOR DECEMBER BOARD MEETING
RESOLVED, that Tuesday, December 17, 1991 at 6:00 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.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE RAVICH VOTING AYE
TRUSTEE. SOLOMON VOTING AYE
MAYOR CRESENZI VOTING AYE
5. CHECK REGISTER
On Motion made by Trustee Ravich, seconded by Trustee Daly, the
following resolution was 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: #3298-3668
Hand Checks: #9819-9946
Payroll Checks: #5230-5709
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 RAVICH VOTING AYE
TRUSTEE SOLOMON VOTING AYE
MAYOR CRESENZI VOTING AYE
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November 26, 1991
APPROVAL OF MINUTES
6. OCTOBER 8, 1991
7. OCTOBER 22, 1991
On Motion made by Trustee Pellino, seconded by Trustee Ravich the
Minutes of October 8, 1991 and October 22, 1991 were accepted as
presented.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE RAVICH VOTING AYE
TRUSTEE SOLOMON VOTING AYE
MAYOR CRESENZI VOTING AYE
WRITTEN COMMUNICATIONS
8. CHIEF ROBERT J. SANTORO
RE: LOCAL LAW REQUIRING BUILDINGS
TO DISPLAY STREET NUMBERS
Chief Santoro stated that this is the final stage of verifying
numbers in the Village. There were many homes without numbers and we
need a law to have numbers on all homes and buildings so that the
Police can respond more quickly.
Mayor Cresenzi stated that Attorney Beane will put together a draft
and we can discuss it at a future meeting.
DISCUSSION
9. FIRE/EMERGENCY NOTIFICATION POLICY
Mayor Cresenzi stated that Fire Chief Nethercott who was unable to
attend the meeting this evening. Assistant Fire Chief Dileo and
Assistant Fire Chief Gerardi were also unable to attend the meeting
this evening so at the request of Chief Nethercott, the discussion
was put off to the December 17, 1991 meeting.
NEXT MEETING DATE
DECEMBER 17, 1991 - 6:00 p.m.
Administrator Russo stated that a proposal was received that was
prepared by the City of Rye. As pointed out, the Village of Rye
Brook, Rye all have been working together on
o
Port Chester and City ofy
the proposal made by the Ambulance Corps. requesting a 24 s increase
in the payments that we make to them. After various weeks of
come u with
deliberation,
we have P a proposal which needs to be
approved by all three municipalities.
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November 26, 1991
The proposal that has been made accepts the Ambulance Corps. budget
requests, and after making a site visit one can see that their needs
are well documented. They have also proposed that they will be
instituting a revenue recovery system as soon as possible into their
1992 calendar year. That system had been studied in the 1989 audit
done by the Buck Sturmer Accounting Company and they had made some
projection of revenue that the Ambulance Corps. would bring in by
instituting a revenue recovery system. Buck Sturmer used a recovery
factor of 52% which was very conservative. We then took the numbers
from 1989 and plugged them in at the 52% recovery rate and also
assumed that they would possibly lose 70% of their donations by
instituting this. We don't believe that that will be the case but in
doing this we have found that all they need is an 11% increase, which
is less than half of what they have come in for. The City of Rye has
officially made this proposal and, if we agree, we would follow the
same proposal. This forces the Ambulance Corps. to follow up on all
the things that they claim to do. This lessens the burden on the
municipalities that are involved. They are a vital service to the
Village of Rye Brook, they have overall reasonable rates, and we do
not question their needs.
Trustee Ravich stated that he agreed with Administrator Russo and
pointed out that it is important to be assured that this program of
recovery no way impacts the level of service that we are receiving
from them currently.
I
Administrator Russo stated that in no way would this program impact
the services that they now provide.
Trustee Daly questioned if the Ambulance Corps. reviewed this
proposal.
Administrator Russo replied that they have reviewed this proposal and
he also discussed the proposal with the President, Harriet Balter.
Trustee Daly stated that 20% of their budget seems to be insurance
costs and they are expecting escalations. Is there any way we can
refer the gentlemen who is looking into the Villages' insurance costs
to the Ambulance Corps?
Administrator Russo agreed with Trustee Daly and has already
mentioned that at the last meeting he attended.
Trustee Solomon questioned Mr. Sidney Braudy, the Villages'
representative to the Ambulance Corps. if the figures sounded
correct.
Mr. Braudy replied that he was not involved in this years budget
preparation.
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November 26, 1991
Administrator Russo explained that this proposal does not need to be
passed by the Board now, only a consensus of the Board is needed to
proceed in proposing this to the Ambulance Corps.
Administrator Russo stated that Mr. Brandy was involved in their last
budget proposal, attended their meeting, made some significant
comments based on his accounting experience, came back to the three
communities and reported to Prank Culross of Rye, Mike Ritchie of
Port Chester and myself, and for whatever reason on the part of the
Ambulance Corps. , was never invited back to participate in their
current year financial problems. By proposing this agreement, we
will be forcing their hand on a financial matter.
Mayor Cresenzi stated that this will force them to try to recover the
funds as an ongoing project. Parallel to this, we must deal with the
oversight and assist them in long range planning.
Administrator Russo stated that they still have Mr. Brandy as the
Villages' representative and have come up with no reasons to change
that.
Mayor Cresenzi recommended to the Board that they adopt this proposal
to pursue the same agreement as Rye City.
Trustee Pellino questioned how this ties in with our Budget as the
Village has a $38,000 line.
Administrator Russo stated that they have slightly more budgeted than
the actual expense so therefore they may have to make a slight
modification to get through this year.
Administrator Russo explained that we are approving an 11% increase
rather than a 24% increase, providing that they implement their
revenue recovery system.
Trustee Solomon stated that he would vote aye on this contingent upon
our representative, Mr. Braudy, becoming more involved in their
budget process. They should not leave Mr. Braudy or the Village out
in the cold.
Administrator Russo suggested that in addition to sending a letter
back to the Ambulance Corps. , a paragraph be added with regard to
that.
Mayor Cresenzi agreed with Administrator Russo.
Trustee Pellino questioned what agreement we have with the City of
Rye and the Village of Port Chester.
Administrator Russo stated that all three municipalities must be in
full agreement. He added that eventually we will receive a new
proposed contract which will have to be passed.
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November 26, 1991
On motion made by 'Trustee Ravich, seconded by Trustee Pellino the
following Resolution was adopted by the vote indicated:
RESOLUTION
PORT CHESTER, RYE - RYE BROOK VOLUNTEER AMBULANCE CORP.
RESOLVED, that the Village Board of the Village of Rye Brook hereby
approves the proposal for increasing the contribution to the Port
Chester Rye - Rye Brook Ambulance Corps. to approximately 11% and
require that the Ambulance Corps. institute a Revenue Recovery Plan
as soon as possible in 1992; and be it
FURTHER RESOLVED, that the Village Administrator be hereby authorized
to enter into agreement with the Ambulance Corps. reflecting these
requirements.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE RAVICH VOTING AYE
TRUSTEE SOLOMON VOTING AYE
MAYOR CRESENZI VOTING AYE
Mr. Heller informed the Board that there is a large pothole
developing on Betsy Brown Road that should be filled.
Mr. Heller also stated that the Lutheran Church development should be
looked into as there are building materials leaning against some of
the trees which could cause great damage.
He added that on Lincoln Avenue there is a pond when it rains because
it is not properly graded. At 13 Lincoln Avenue, the sidewalk is
higher than the adjacent property. Originally, Mr. Heller had a hump
put near his driveway by a licensed engineer in 1970 to keep the
water from running onto his property. With the curbing it was
removed. Now he also has debris running right into his driveway. He
would like the hump reinstalled. Mr. Heller also complained that
his
driveway was shortened by two feet and now has trouble pulling into
his driveway from Lincoln Avenue.
Administrator Russo stated that these matters will be taken care of.
Trustee Pellino informed that Board that Trustee Solomon and he
represented Rye Brook at a Town Meeting at Rye Neck High School held
by Assemblyman Tocci. The subject was state aid cuts to education.
Assemblyman Tocci will do what he can to introduce legislation to
enact a redistribution of lottery funds to Westchester School
districts. Currently, Westchester receives the lowest allocation of
education money of any County in the State of New York. There are
many surrounding Counties that have the sante problem however, ours is
the most severe.
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002080
November 26, 1991
Joe Cortese, Village Treasurer stated that he recently heard that
their approach to this new budget problem is an additional 3%
cutback. We will take another substantial hit.
Trustee Pellino stated that in 1990, lottery players in Westchester
County contributed 137 million in payments to purchase lottery
tickets. Assuming a 45% share, Westchester School Districts should
have received 60 million dollars in State Aid just from the lottery
funds and Westchester only received 13.9 million. That loss is
significant when you think of how we fought previously for 19 million
for Westchester School Districts out of this recently enacted sales
tax. He added that other State assemblies are fighting to get the
formula changed and for lottery funds to be literally set aside as
additional money for education.
Donald Brown, complained of a bad smell at the Village's Compost
site, which is riot far from his home.
Mayor Cresenzi informed Mr. Brown that he has recommended to the
Board that as soon as the clean up of leaves is completed, we will
bring the grinder back and grind what is on site and be rid of all
materials by January.
Mr. Brown stated that the leaves should be turned more often.
Mayor Cresenzi replied that the State DEC has guidelines as to how
often the leaves should be turned. The Village has been using these
guidelines.
Mr. Circosta stated that they have another three days to truck out
what has been ground up already. The odor can be controlled once
movement over at the site has stopped.
Administrator Russo explained that there are two different smells out
at the Compost site, the rotten egg smell and the humus smell. The
smell that we have currently is the humus smell.
Mr. Heller stated that during his 40 years of composting he never had
a smell. If the leaves are packed too tight you are not allowing any
air to get through. He suggested that we call "Earth Grow", who are
experts in this field.
ADJOURNMENT
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the
meeting adjourned into Executive Session at 10:45 p.m.
Respectfully submitted,
Elizabeth Czajk6Wski
Secretary to the Village Board
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