Loading...
HomeMy WebLinkAbout1992-12-15 - Board of Trustees Meeting Minutesi AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING DECEMBER 15, 1992 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION SPECIAL REPORT I MARTIN L. ROGOWSKY, COUNTY LEGISLATOR PUBLIC HEARINGS 1. LOCAL LAW #2-1992 VILLAGE OF RYE BROOK CODE 2. UNITED CEREBRAL PALSY KING STREET SECTION 1, BLOCK 2, LOT 3A1 I RESOLUTIONS 3. APPOINTING CHIEF OF POLICE 4. AUTHORIZING THE RENEWAL OF THE WESTCHESTER COUNTY PRISONER TRANSPORTATION CONTRACT 1993-1994 5. ST. PAUL'S LUTHERAN CHURCH KING STREET/COMLY AVENUE SECTION 1, BLOCK 8, LOT 4B DEDICATION OF CASTLEVIEW COURT 6. APPOINTMENT TO THE CABLE TV COMMISSION 7. APPROVING 1993 STOP-DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT 8. CHECK REGISTER APPROVAL OF MINUTES 9. SEPTEMBER 8, 1992 10. SEPTEMBER 22, 1992 PLEASE NOTE: THE NEXT MEETING WILL BE ON DECEMBER 29, 1992 AT 5:00 PM FOR THE PURPOSE OF PAYING BILLS. 004,54 i MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK i BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK DECEMBER 15, 1992 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 Rocco V. Circosta, Director of Public Works Kenneth Powell, Village Attorney Joseph Cortese, Village Treasurer Robert J. Santoro, Chief of Police Martin L. Rogowsky, County Legislator Elizabeth Bottali, Secretary to Village Board Lori Ann DeMarco, Asst to Village Administrator was not present at this Meeting. 00454 December 15, 1992 PUBLIC HEARINGS 2. UNITED CEREBRAL PALSY RING STREET SECTION 1, BLOCK 2, LOT 3A1 Mayor Cresenzi convened the Public Hearing at 8: 00 p.m. Bruno Gioffre, attorney to the applicant, gave a synopsis of what brought this application to the Board and a brief overview of the site. He explained that the site is owner occupied and managed by Cerebral Palsy. It occupies 12 acres of land in the Village of Rye Brook and the Town of Greenwich. (9. 393 acres are in Rye Brook and 2 . 605 acres are in Greenwich) The proposed addition to the site is 21, 700 square feet, of which 7, 600 is on the Rye Brook portion of the property. This will enable United Cerebral Palsy to provide services and programs for individuals with a wide range of physical and mental disabilities. The programs provided by United Cerebral Palsy are for a growing population of developmentally disabled individuals from birth to adulthood. It is to develop the ability of each individual to the greatest extent possible and to minimize his or her disabilities. Mr. Gioffre then described what the building will look like and how it will be set up. He added that the Board received a letter from SUNY Purchase stating that in the event of an overflow of cars, or special circumstances, they will provide additional space for parking if need be, so there would never be a problem with respect to the parking. After extensive and expensive efforts, data has been submitted to Mr. Circosta and arrangements have been made to satisfy the drainage. The required plantings have been incorporated into the plans and landscaping has been satisfied. The site plan requirements of the Planning Board have been satisfied in full and the requirements with respect to the Zoning Board variances were granted in September 1992 . All preconditions have been met and we request that the Village Board grant final approval this evening as it is desperately needed by the facility. Mr. Gioffre mentioned that Mr. Oster, the Principal Officer of United Cerebral Palsy is available to answer any questions the Board may have. Trustee Daly questioned if the yard setbacks were already taken care of by the Zoning Board. Mr. Gioffre replied that it was taken care of in September of 1992 . Trustee Zuckerman stated that the original plans were dated in April and the final plans were dated in May. He requested that Mr. Gioffre go over the changes that were made during the Planning Board review process. 2 0047;4� December 15, 1992 Mr. Gioffre replied that basically there were some additional site plan requirements with respect to planting and screening, and a requirement that a means of egress at the second portion of the site at Lincoln Avenue be closed off, and that was done. There was also a question with respect to the site lines which was satisfied by Frederick P. Clark & Associates and a question with respect to circulation on the site and removal of traffic which also was satisfied. Trustee Zuckerman questioned if the letter from Suny Purchase was satisfactory for our concerns regarding parking at the site and if it was binding enough to grant the approval. Mr. Circosta replied that the letter is satisfactory to the Planning Board. Attorney Powell added that it is an assurance in writing, but it would not be characterized as being a binding agreement. It is an expression of a standing arrangement between United Cerebral Palsy and SUNY Purchase. Trustee Zuckerman questioned if the Riding Academy was open to the public or strictly for internal use. Mr. Bill Frattarola, Facilities Engineer for United Cerebral Palsy explained that the Riding Academy is operated by one person, who boards horses, trains them and gives riding lessons at the facility. Through his kindness, when the weather is good, we are able to have some of our children go over there and ride. It is not a public facility, it is privately operated. The most he has at one time would be two or three young children with their parents. There being no further questions, Mayor Cresenzi closed the public hearing at 8 : 20 p.m. and recommended that the Board have an approval resolution ready for the January 12, 1993 Agenda Meeting. Trustee Zuckerman suggested that we also have available a copy of the Zoning Board Resolution approving the variances annexed to the resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3 G43U December 15, 1992 3. NEW YORK AMERICAN WATER RATE CASE Mayor Cresenzi announced that Joel Dichter was here to update the Village on the status of the New York American Water Rate Case. Mr. Dichter stated that he is with the Lawfirm Seham, Klein and Zelman, which specializes in representing customers in matters pertaining to utility rates, regulations and services. Mr. Dichter explained that his firm was originally obtained in 1976 by the Village of Port Chester and the City of Rye and has represented them ever since. Mr. Dichter explained that first, a Budget and Trial procedure took place. Every time a water company such as New York American decides to increase their rates they must file an application with the New York Public Service Commission which consists of seven members appointed by the Governor and approved by the Senate. They then file this budget material and parties, such as ourselves, are given the opportunity to intervene. We are able to ask questions and they must explain why their budget is being increased. It then moves on to a hearing process by the Public Service Commission. We then have the opportunity to cross examine their witnesses and put on our own experts favoring reductions of their proposed budgets. The two parties then submit written recommendations to the Commission and they act as the Jury and decide what type of a rate increase is appropriate. In this case, the company filed last Spring for an increase to become effective in May of 1993 . They requested an eight hundred and five thousand dollars increase, which as 9.9%. Water rates have been a concern in communities for some time and are significantly higher in surrounding communities. The reasons for the increase usually consist of additions to plans, such as new mains in the street, replacement of mains and services and other costs which only accounts for approximately $300, 000. They are also having extensive meter replacement, and are trying to . replace all the meters in the three communities over a two year period at a cost of 1.2 million dollars. They are also saying that we should be entitled to a 12.7% return on their equity investment in those facilities, which accounted for another $100, 000. In addition, they also had increases in their operating expenses and wanted to hire a new employee, repair line mains, etc. . which added up to $805, 000. We appeared and presented an extra testimony of two witnesses and we found that the proposed increase was not justified. We then entered into discussions with the Water Company and that is what brings me here tonight. Under the settlement deal, the $805, 500 increase that they requested, was reduced to $48, 227. This is a major reduction. This came from the companies testimony and the hard work and participation of the Village of Rye Brook, the Village of Port Chester and the City of Rye for a number of years. 4 0C) zs 1 December 15, 1992 Mr. Dichter stated that through our constant participation with the Public Service Commission, they have come to know what the communities can bring to the table and that they do act with reason and judgement. In the last case there was also a tentative settlement reached, as there had been in certain other cases as well. We did not think the settlement went far enough so we recommended not to sign off on this settlement and the communities agreed to oppose it to the Commission. The Commission made some revisions based on our recommendation, which we were not totally satisfied with and held many discussions with them on the issue. As a result, the Commission assigned a much better staff to this case, which had a direct bearing on our favorable outcome. Out of the $800, 000, $300, 000 was due to the plant additions by the company. When we examined each one of those projects, we found that the company has been overestimating it's estimates for projects which have been coming in well under the budget. The company had also canceled some of those projects and other projects are behind schedule so the company is not entitled to compensation for those projects until they are placed in service. That alone, brought the $300, 000 down to $100,000. The issue of meter replacement was examined and we found that the meters did not all need to be replaced. They already replaced one half of all the meters in the communities. We discovered that only a few defective meters existed and most of the meters could have been repaired, and did not need replacement. A compromise was reached under the settlement which was that the company will no longer complete the j second year of the program, they will stop now, which is one year, and possibly $600,000 which will be paid into rates over a five year period. Even though the Company has already incurred that j cost, they won't be entitled to recoup any of that cost except over a five year period. Normally a company replaces it's meters every fifteen years, so these meters that are in service, are about 7 1/2 years old and they would have replaced the other half of these meters over the next 7 1/2 years which makes anything over five years not that unreasonable. In addition, the company had forecasted additional sales from these replacement meters which are higher than the actual forecast. They are actually absorbing a piece of that phasing amount, including sales so that it won't truly be realized. Up until this point and time, the company has always been entitled to it's full cost for legal and expert fees, and they were making us pay for this. Under this settlement, for the first time, the company will now pay 20% of their rate case preparation. Another concern is that New York American purchases most of it's water from Connecticut American, it's sister company, which is one of it's highest costs in business. 5 005"'f December 15, 1992 Mr. Dichter continued that both companies have the same Board of Directors and the same law offices, so when Connecticut American requests an increase in it's charges to New York American, New York American allows the increase, without a fight. This seems to be an arms length arrangement between these two companies and what New York American should do, is go to Connecticut American and oppose the increase so those costs won't be passed on to it's customers, but they don't do that here. In this agreement for the first time, there is an offset. Ten percent of those costs are to be absorbed by the water company as an incentive to be more efficient. Also, they are requesting that the Commission launch an investigation of the relationship between these two companies to make sure that it is efficient and that there is not an arms length agreement. The agreement provides for three year rate increases, but in the second or third year, there is a formula in place which limits them to only their capital investments and inflation rate. Based under current estimates, there will be increase efforts made in May of 1994 and 1995 but they shouldn't be any greater than 4% or even less. Overall, Mr. Dichter concluded that this is a good settlement which went from a 10% increase to a 6% increase. Trustee Pellino stated that the cost of the meter replacement program is being phased over a five year period, and questioned the relationship of the meter costs being recouped by the ratepayers paying those costs over the five year period and the 4% to 5% in the second and third year of the agreement. Mr. Dichter explained that the 4 to 5% includes the phasing of the meter replacement program. Although the costs and the abstract is $120, 000, it is phased into the rates over a period of time and goes in as an investment of the company. It is not entitled to return at $120, 000 under a one year period. The impact on rates is about $20, 000 so it is incorporated into the 4 or 5%. Trustee Pellino also questioned the Meter Replacement Program and if the meter manufacturer will be involved in rebating any monies to New York American for defective meters installed in the 1986- 1987 time frame, which is what we heard during the Public Hearing phases. Mr. Dichter replied that there have been ongoing discussions to the extent that if the company does achieve rebates or compensations from the meter manufacturers, they will flow it through the customers as required by law. I Trustee Pellino questioned if prior to the implementation of the second and third year increases, we may have the ability to go back to the Public Service Commission and get follow-up information as to how those discussions have progressed. I 6 00155J December 15, 1992 Mr. Dichter replied that the company at that time, will have to make a filing and we can then approach the Public Service Commission and ask these questions. I Trustee Pellino questioned if it were true that this settlement has no relationship to another pending case which has to do with Connecticut American Water Company trying to implement a demand charge for quantities of water which we may soon be purchasing from the New York City system. Mr. Dichter explained that it is true that purchased water expenses are by far, the largest single expense incurred by New York American. This constitutes 2 . 2 million dollars out of it's eight million dollars for total expenditures and it buys it's water from two sources, it's sister company Connecticut American, which it purchases about 5. 8 million gallons a day at a rate of $988. 00 per million gallons. In contrast, it also purchases water from New York City at 1. 2 million gallons a day, which only costs about $445. 00 per million gallons. Because of this difference in price, the company made an investment to receive three million gallons a day from New York City which could result in a savings of over 5%. We now have that agreement ready for execution. There has been a demand charge proposed by Connecticut American in a pending Connecticut case that would increase New York American's Water Rates by 26 1\2%, so that would mean that you pay that amount regardless of whether you use it or not. We have intervened in the Connecticut case, on behalf of the municipalities to oppose the ! demand charge. Also, we have requested that the Public Service Commission of New York go to Connecticut and intervene on behalf of New York ratepayers. We are now waiting for a decision on this request. Trustee Pellino questioned that in the event that Connecticut American should be successful, where would this leave us in terms of New York American coming back to recoup those monies. Mr. Dichter replied that they would have to file with the Public Service Commission to decide what to do with those monies. We, of course would take the position that these savings should flow through the New York ratepayers. Trustee Zuckerman questioned what our recourse in court would be if we are not successful with the Public Service Commission on the second point that has been raised. Mr. Dichter replied that we would challenge the Commission before the Courts in New York arguing that this rate result is not just and reasonable and that it should be modified that the company's water purchase costs are higher than should be allowable by law. 7 eU45�z:) December 15, 1992 Trustee Solomon questioned how soon the ratepayers could see that 5% if they rule in our favor. Mr. Dichter replied that it would probably become effective as of the May 1993 increase. Trustee Solomon questioned the possibility of us purchasing all of our water from New York City. Mr. Dichter stated that it requires in part, the creation of Water District #4, which we hope will be activated by January 1993 . One of their objectives to do an intensive study. Trustee Zuckerman questioned if the era of ongoing unprecedented rate increases by New York American is now at an end. He further questioned what the procedural steps would be in getting a formal recommendation to the Public Service Commission and action by them on it. Mr. Dichter replied that we would like to think that this is the end. There is an agreement that has been negotiated with the Public Service Commission and the Water Companies which upon approval of the three communities, I will then execute on their behalf. There is a hearing scheduled on Tuesday, December 22 , 1992 for public comment as well as presentations by Water Companies in favor of this. Mayor Cresenzi directed Attorney Powell to work with Mr. Dichter to put together a resolution to be passed at the January Meeting. All members of the Board thanked Mr. Dichter for his very comprehensive report. I SPECIAL REPORT 4. MARTIN L. ROGOWSKYr COUNTY LEGISLATOR Mr. Rogowsky thanked everyone present and introduced his wife Toby. He stated that he will be discussing the issues of the County Budget and a few important issues regarding the Airport. The County Budget is 1. 2 billion dollars. For 1993, County Executive O'Rourke is proposing a zero tax increase on real property, which is good news. He added that he felt that the reason for this is because we have been overtaxed and undermanaged in previous years. We have in this budget, a 36 1/2 million dollar surplus, which we received in 1991, when we were over taxed. When the sales tax was increased, I voted against it because the County would be receiving some of that money, and they really should have given it all back to the Municipalities, Mr. Rogowsky explained. 8 00451 J December 15, 1992 In 1992, Mr. O'Rourke had a 16 million dollar surplus without even counting that sales tax money. In reference to the handout that has been passed around the room tonight, the section on medical assistance and medicaid, which is one program, Westchester County will credit $628 million dollars of the medicaid program. The residents property tax dollars are $128 million dollars out of that $628 million, which is almost 40% of our entire County property tax for one program, medicaid. Medicaid is for poor people, but to a large degree, it is for poor elderly people. New York State makes the Counties pay high for medicaid costs and it is unexceptable. We have to work with President Elect Clinton and do what we can but we have to change the system so New York State takes back these mandates. Connecticut has no County Government, so obviously Counties don't pay anything in Connecticut. Next time you see your State Legislators, get them to convince their colleagues that the State must take over that cost. We have cut down costs for 1993 in many different departments, however it could be even better. The Airport terminal referendum passed 51-49, but ground has not yet been broken on the terminal. Mr. O'Rourke received a lot of support from the unions by promising them jobs, but they are still unemployed and may not be working until the Spring of 1994 . Hopefully, there will be a new County Executive by that time, but if the Democrats are able to win that seat, it will mean that they can decide to build a different type of terminal that is smaller. The County Executive is the one to decide when and what to build. The parking garage is scheduled to break ground Spring of 1993 . Currently 700-750 spaces are being used by passengers and Mr. O'Rourke is proposing to build a 1, 200 car garage, when he said at the terminal debate that there would be no increase or expansion. We are trying to push the County Government to justify 1,200 and come down to 1, 000 or 900. The issue of a curfew to stop flights in the middle of the night has been raised many times. The answer is, hopefully it will be a mandatory curfew. Currently, we have an involuntary curfew. Recently, I was contacted by a National Environmental organization known as the Natural Resources Defense Council (NRDC) and they are interested in working with us on the Westchester County Airport. We must find a way to lift the injunction. Westchester County had a mandatory curfew in 1981 but several groups went to court to fight that and were successful so today there is a permanent injunction stopping the County from enforcing this mandatory curfew. Our goal, with all the research that NRDC has been doing, is to find a way to move forward and lift that injunction. They are concerned about Noise Pollution and Mr. Richard Castle is here this evening to explain their role. 9 0045 December 15, 1992 Mr. Castle explained that he is an attorney with the Natural Resources Defense Council. What makes NRDC unique is that we have always combined technical expertise with our political work in order to achieve our goals. We have always worked to essentially protect the environment and the public health for citizens who are breathing the air and drinking the water and living underneath the skies. The reason why we decided to get involved in the airport issue was because of the noise pollution, air pollution and water pollution. Westchester County Airport is one of the busiest airports in the entire State. This year there will be over 180,000 operations out of that airport. This is also timely, as the referendum passed a couple of years ago and there is money in the budget for extending the airport but there is a significant question that must be asked, which is: How big does the Airport want to get? We have two goals and we hope to work with all of you in developing strategies to see those goals implemented. The first goal is to maintain the present character of this airport and secondly, we must develop environmentally sound policies that can be used at Westchester to keep the air, noise and water environment as clean as possible for all residents. Hopefully the work that we do at Westchester County Airport, will be used as a model for airports everywhere. Mr. Rogowsky stated that he was very excited to have NRDC on our side and added that Congresswoman Nita Lowey has been very cooperative with the Airport and is willing to do everything she can to help. In reference to the water rates, he would like to see the Public Service Commission stay involved and solve the supply problem. There is a settlement, but supply is such a big issue. There were some credits that were due August 1, 1992 which they didn't factor in. Trustee Solomon asked Mr. Rogowsky for an update on the sewer situation. Mr. Rogowsky stated that there is an issue of a consolidation of the sewer district, which will not really effect Rye Brook. Hopefully Mr. O'Rourke is going to be coming out with a proposal in the next few days. We are trying to equalize the sewer taxes and Rye Brook pays $12 . 00 or $13 . 00 per thousand, Port Chester pays $46. 00 per thousand, Harrison pays $20. 00 per thousand and most of the County pays about $7 . 00 per thousand. We would like to see everyone paying around $12 . 00 so that Port Chester and Harrison would go down, but other municipalities would go up. There has been a major problem with leaking sewers. The Village owns the sewers in their boundaries and are responsible for maintaining them. The County has spent twenty-five million dollars because the State is forcing us to do a large study to pinpoint where the leaks are. 10 00455 December 15, 1992 i i j The County has been forced to impose significant penalties on municipalities. The State of New York said that they would fine the County twenty-five thousand dollars a day penalty if we violate our permits. The current law was, we could assess the municipalities one thousand dollars a day if the plants were violating their penalties and they are violating them because of the local pipes being broken. The County can't repair them because they are Village pipes. We decided that if the State is going to penalize the County, the County will then penalize the Municipalities. We do not expect that it will ever get to the point of any penalizations, but we had to pass the law anyway. I Trustee Zuckerman stated that potentially, there are penalties out there and it might cost us a lot of money. Mr. Rogowsky stated that potentially, they are there, but Rye Brook is only ten years old and there are many municipalities that are many years old that for thirty and forty years, never fixed their sewer pipes. I don't think we will need to penalize anyone, we just had to pass that law. Trustee Daly questioned if the Long Term Health Care Program that j is listed on the handout is the same program that is currently being done by the outside nursing home, because she was under the impression that the County dropped that program two years ago. Mr. Rogowsky stated that the handout physically shows where the dollars go. Nineteen million dollars is spent on that program. We have a variety of outside agencies that we contract with. This is just to say that nineteen million dollars goes into that program. One of the other areas that will be discussed is auditing. We do spend 1. 2 billion dollars. Trustee Daly questioned if in the County Budget it states that there will be no pay increases for the County workers. Mr. Rogowsky stated that there will be no salary increases for the County Legislators for the second year in a row. In 1992, seventy five percent of the County workers received a pay increase in 1992. The only ones who did not were the correction officers, the nurses and the teachers at the Community College. He was one of the few Legislators prepared to vote for that pay increase, but many of the other Legislators were against it. Because of this, the corrections officers are undergoing a tremendous slow down, which has affected the municipalities budget with overtime and having to drive back and forth to the County Jail to deliver prisoners. In 1993 there are no pay increases budgeted for any employees. Trustee Zuckerman questioned if there is any money budgeted for the landing lights. 11 December 15, 1992 Mr. Rogowsky stated that there is no money for landing lights, there are some bond issues that came out last week. The problem is, the issue is always there and we need to continue to be vigilant. The entire Community has written hundreds and hundreds of letters on this issue about how intense the landing lights would be. He added that the Commissioner stated that they were to purchase the Fox property. Trustee Zuckerman stated that in regard to the curfew issue, he read the case of USA vs O'Rourke where the injunction was issued. The problem was that the curfew that was imposed by the Westchester Legislature, and at that time it was a curfew without any basis in establishing noise reduction standards and in order to do this, we would probably need to have monitoring equipment. Trustee Zuckerman questioned if there is a way of getting this implemented and having the Legislature appropriate the money to purchase whatever equipment is necessary to make noise reduction stand as affective? Mr. Rogowsky stated that the injunction was put in place nine years ago and essentially put on the shelf. When the County put this curfew in, they had no data and the Judge said it was arbitrary and unreasonable. Now we have nine years of data and we can go back and ask them to take a look at this injunction. Trustee Zuckerman questioned if the County Legislature did anything about the bar closing resolution. Mr. Rogowsky stated that many of the municipalities got together and passed a resolution supporting that the bars close at 2: 00 a.m. One of our Committees at the County passed a resolution calling for a 3 : 00 a.m. bar closing to avoid the concern of having people drive into the City at 2 : 00 a.m. , because New York State Law is 4 : 00 a.m. Mayor Cresenzi reminded all residents of the Village of Rye Brook that if they are annoyed by the aircrafts any time of the day or night, or if you think that they are violating a noise abatement takeoff procedure to call the Noise Abatement Hotline at 939-8484 . Mr. Rogowsky also urged residents to call, because all calls are logged. Mayor Cresenzi questioned if we would be able to gain tax revenue j on the Airport Parking Garage if it is built in Rye Brook. 12 j U04 � December 15, 1992 Mr. Rogowsky stated that the Blind Brook Schools and the Village of Rye Brook will be getting some money. Trustee Zuckerman stated that the way the rent is structured may have a bearing on the value of the property if it is a lease that is based on part of the gross receipts whether there is a low ground rent and a high gross receipt component or vice versa will depend on what the assessment will be. If there is a high ground rent, the argument could probably be made that the assessment should be higher, so how the lease is actually drawn is going to very important. Mr. Rogowsky stated that we could expect to make a lot more than they did in Valhalla. Trustee Zuckerman stated that we should try to get as much ground rent as possible. If you have a high ground rent, the argument could be made by the Assessor that the property is worth more because there is a guaranteed income. Mr. Rogowsky stated that he would pursue the issue of a ground rent. He also thanked the Board for allowing him to speak this evening and commended the Village Board for having their meeting on Cable as it is a good step forward. Frank Nardi, a resident of Woodland Avenue stated that in reference to the sewers being overloaded because of water seeping through the cracks, we should find out how many people in Westchester County pump service water into sewerlines. There are illegal hook ups and it is a very big problem. Mr. Rogowsky agreed with Mr. Nardi that this was indeed a very big problem. Mr. Heller questioned how the State could be expected to pick up medicaid when it is already several billion dollars in debt. The thing that is really pointed out in this chart is the eighty percent increase in five years in the local medicaid. Mr. Rogowsky stated that we must merge the policy making responsibility with the fiscal responsibility. The State Legislature may be a little more conscientious as to how they do on t hisro ram. p g Mr. Heller stated that Mr. Cuomo is bouncing every other cost to the County and the Communities. The person Mr. Rogowsky must talk to is Mr. Cuomo, as he is Democratic as well. I 13 i December 15, 1992 Mr. Rogowsky stated that he often disagrees with Mr. Cuomo, who said that in the year 2000 he will take medicaid and in exchange he wants to take one percent of our sales tax, which is like one hundred and ten million dollars. We should let Mr. Cuomo figure out a way of paying for the medicaid program without us paying for it. Mr. Rogowsky stated that he has recently introduced a resolution which was just passed saying freeze the mandate and take medicaid over to a State take over. We pay property taxes, we don't pay income taxes, medicaid should be paid and financed through the income taxes, that's how it started, the State does it. When medicaid shifts to a property tax payer, that is a problem. Education and transportation of pre-kindergarten children was two hundred thousand dollars ten years ago and is now a twenty five million dollar program. It is totally gone crazy because the State is running it and they have allowed the providers to be on the Committees that decide who gets in the program. The people who provide the services that are getting the money are making the placements. New York City is getting killed as they are paying over two billion dollars a year on medicaid. The State Mandates must stop, because we pay property taxes and we are not intended to pay for so many of these social programs. Tony, a seventy year old resident stated that he goes to the doctor and they don't give him anything, and he pays for medicaid. The Doctor makes him pay from his pocket. Mr. Rogowsky stated that he is correct. He made it clear that he is not against medicaid, it just must be financed properly. President-Elect Clinton says that he is going to do something about our Health Insurance. If we can't control our Health costs, we will all go bankrupt. We can't solve the State's problem for them. Medicaid in Westchester County is over six hundred million dollars. The total mandates are closer to seventy percent and covers a variety of things. We pay one hundred percent of the medical costs for a prisoner because the State says that we must. Mr. Harris stated that he understood that some communities will be paying more than they are now and others will be paying less. Mr. Rogowsky explained that some communities are paying more and some are paying less because County-wide we said that we are not going to increase the amount of money we are raising from taxes. We are not asking for anymore money, however, the assessments are done Town by Town, so if one community's certiorari's and assessments have gone down, they now are a smaller percentage from the total County Assessment so for a Town that has had a lot of growth and has higher assessments, it is good news. Mayor Cresenzi thanked Mr. Rogowsky and the special report ended at 9:45 p.m. 14 00 5;( �. December 15, 1992 5. UPDATE ON MERCURY CONTAMINATION Mayor Oresenzi stated that we have a Mercury contaminated site in the Village of Rye Brook on Hillandale Road. The Village has been dealing with this very aggressively, however we have had a lack of response from the Environmental Protection Agency. We had planned to have a representative from the Environmental Protection Agency present this evening to give the Village an update and to explain what procedures are in place and what will happen in the future, but at the last minute they were unable to attend. A representative is here from Nita Lowey's Office to receive an update and assist us as much as possible. To back up a bit, on October 20, 1992 Trustee Zuckerman and myself met with four members of the EPA and we requested reports, updates and a map showing the condition that exists before clean up started and now, after the process has been underway for many, many months. They were very reluctant to commit to anything. They did promise to give us copies of the reports that according to them, we were supposed to have in our possession already, but did not. It took eight or ten phone calls and a letter after that meeting to eventually get the information. We did get the pollution reports, which the EPA claimed were being mailed directly to the Police Department. As for maps, what we were given showed no difference before and after the clean up. The EPA representative that was unable to make tonight's meeting delivered a hand written letter, which will be read into the record by Village Administrator Russo. We are only requesting information on a project that is being undertaken currently in the Village of Rye Brook and we are being stonewalled. In the past, they were removing the material from the site and putting it in a landfill in Ohio. The regulations now prohibit that from happening and they have no current procedure underway to remove the metal from the soil. There are some experimental procedures currently underway in Arizona and with GE in Puerto Rico. We would like to know when they are going to remove this material and what they are going to do with it. Trustee Zuckerman pointed out that the letter that we received tonight states nothing different than what was told to us on the meeting of October 20, 1992 . At that time they said that they were undergoing discussions with the Barbera Family to see if they would like to take the garage down. The question that we have is if this is a dangerous site, why hasn't the debris been removed and all action necessary been taken to secure the health of the residents. If it is not dangerous, then why are they wasting four million dollars of the taxpayers money. i I 15 0045) i December 15, 1992 I Trustee Zuckerman added that we received a group of reports that we i have referred to our Environmental Conservation Committee for a status report. It is important for all of us to know what is going on. We all agree that future action needs to be taken, as we have not been able to get any answers from them. We need to communicate this to our Senators and also the new EPA Administrator in Washington. Trustee Solomon stated that most of the reports are very unprofessional. There was also a statement in the paper that there was a contamination along Loch Lane which was never noted in the EPA report. We sent a letter to the EPA asking them for clarification and have received no answer. Kon Leong of 1 Candy Lane questioned if this contamination will effect our water table. Mayor Cresenzi stated that the bulk of the contamination was confined to the individuals property with some contamination on j adjoining neighbors properties. From our understanding, the surrounding neighbor's properties have been cleaned, but there is still contamination on the site, in the soil, beneath the garage and the garage structure itself is also contaminated. They have communicated to us that there really isn't any problem off site that hasn't been taken care of, but yet the letter is addressed to the Mayor and Board of Trustees, status of the Hillandale Road Superfund. If there are major dollars involved, we need to know if it is being wasted. Mr. Leong questioned what the danger is to the residents. Mayor Cresenzi stated that he really can't answer that. This is why we had asked the EPA to be here this evening to field the questions. Viola Nelson, a sixteen year resident of Loch Lane stated that what bothers her about this situation most, is that we are living with a very clear and present danger. Mrs. Nelson read from page four of the September 24, 1992 EPA Reports, which was regarding the Port Refinery Site, on King Street. She restated that we have a very clear and present danger. She thanked Trustee Solomon, Trustee Pellino, Trustee Zuckerman and Administrator Russo for sharing this report. She is speaking here for the residents of Loch Lane and she would like to feel that they have someone to turn to and whether or not the people who live on Hillandale Road violated the law, she would like to feel very strongly that we are being protected. She stated that presently, the brook is running through eight back lawns and we are not being protected. 16 December 15, 1992 Mrs. Nelson stated that Trustee Pellino, Administrator Russo and Mr. Circosta have walked the property with her and if this contamination is coming down through rain, it could be very dangerous. If it takes the Community to stand together, calling this number in New York or Washington, she stated that she would be happy to organize the troops. She suggested that Mr. Leong read this report as he too, will pick up the phone. She questioned how long the Village is going to wait to get a response to this before taking stronger actions. Mayor Cresenzi stated that he could not answer that. This is a problem that is unusual. It took the EPA two weeks to respond to our last request. They are supposed to help us, but they are stonewalling us. That is why we asked a representative from Nita Lowey's Office to attend this meeting. Mrs. Nelson stated that it bothers her because it has presented a clear a present danger to the 1, 000 people within a one mile radius. Mayor Cresenzi added that the map that they gave us is really not helpful at all. The representative from Nita Lowey's office stated that her office was not informed of what has been going on recently. Trustee Solomon explained that we have waited months and months for information from the EPA and they have done everything possible not to give us reports and not to let us know what is going on. We need your help at this point to let us know exactly what is going on and to keep us informed and to let us know when the danger to our residents will be over. The representative stated that one of the residents in the area contacted our office and we then contacted the EPA. The EPA then visited their home and provided them with a written report of exactly how they were going to restore their property, so they were responsive to us. Mayor Cresenzi stated that we will forward all documents pertaining to the Mercury Contamination to Ms. Lowey's Office so they can respond properly to the EPA. Mrs. Nelson stated that we should all start to wear plastic shoes because there is a possibility that trespassers, friends and family members who are visiting could transport and spread mercury globules or contaminated soils to their cars and into their homes. The Board thanked Mrs. Nelson for sharing her concerns. 17 December 15, 1992 Mr. Heller stated that without stepping on anyone's toes, there is a lot of speculation here about mercury contamination. He suggested that the Village hire an independent environmental engineer to review everything so we know what is going on. There are different types of mercury and perhaps that person would know how to deal with the EPA and also with the State. We should proceed on a professional basis instead of continuing as we are. Stanley Mesch, a resident of Fairlawn Parkway stated that he has no personal interest in Hillandale Road, however he does not feel that we need to hire professional help when we are dealing with an organization such as the EPA, which is supposed to be providing that type of professional expertise. We should alert the media, as it sounds like the kind of problem that has been swept under the rug. Hopefully Nita Lowey can steer us in the right direction. Trustee Solomon suggested the Gannet Watchdog or the CBS Shame On You. Mayor Cresenzi stated that he agreed with Mr. Mesch. Mr. Heller stated that he felt that the Village should look to professionals for advice on how to deal with the EPA. The Ohio j site is closed and the EPA themselves cannot do anything. I Trustee Zuckerman stated that in the letter, they did not mention that they do not have a site, that was mentioned to us in October. I am assuming that they have solved that problem. We are operating in the dark and as Mr. Mesch said, the EPA is supposed to be helping us, so before we start a lawsuit against the EPA, we need to put as much pressure on them as we can. Mr. Heller stated that he was not suggesting that we start a lawsuit, only to obtain advise from a professional. Trustee Solomon stated that the EPA should be providing us with that professional person. Kon Leong questioned if we had any lawyers on the Board of Trustees. Trustee Solomon stated that we have our Village Attorney Mr. Powell and Trustee Zuckerman is also an attorney. Mayor Cresenzi stated that first we will see if Nita Lowey's Office can get us the information and if that doesn't work then we will do what we have to do. I 18 I 004561 December 15, 1992 Trustee Pellino assured Mr. Mesch that we are very serious and we will not sweep this issue under the rug. Mr. Mesch stated that he was implying that the EPA has swept this under the rug, not the Village of Rye Brook. 6. LOCAL LAW #2-1992 VILLAGE OF RYE BROOK CODE Mayor Cresenzi convened the Public Hearing on the Village Code at 10: 15 p.m. Attorney Powell stated that at the last meeting there were a number of changes to the Local Law and one of the requirements was that the Local Law be in final form for the adoption and as a matter of legal procedure it is appropriate for the Board to have it adopted in final form so it can be filed with the Secretary of State. Trustee Daly questioned if we will be sending the Notice of Determination of Non significance. Attorney Powell stated that any action that is taken by a local government which may impact the environment is required to go through the procedures under the SEQRA. Because a number of the Local Laws were changed during the hearing process this action falls clearly within the type two actions and as a precaution, we prepared an Environmental Assessment form which is required for an unlisted action. We also prepared a Negative Declaration which simply says that there would be no significant adverse effects on the environment. We also prepared a resolution adopting that Negative Declaration. Trustee Zuckerman asked Attorney Powell to explain to the residents what the codification will mean in terms of changing laws in the future. Attorney Powell stated that it will be easier to make changes in the Code because you will have a readily accessible volume to turn to find the law which is applicable and also to make changes. Currently the Local Laws in the Village are designated by numbers and years and in order to identify the law, requires going through all the different Local Laws. By codifying the Local Laws and putting them into a volume it is much easier to make adjustments when necessary. Trustee Zuckerman questioned if it is necessary to hold Public Hearings to amend the Code. 19 0045- December 15, 1992 Attorney Powell stated that when amending a Local Law, you have to have a Public Hearing. Mr. Heller stated that it is his understanding that even after nine months of review there are still certain things that were not corrected. Mayor Cresenzi stated that we could review this with Mr. Heller, after we pass it tonight and make any recommendations. Mrs. Nelson questioned if this was going to include all Local Laws, such as a noise ordinance. Attorney Powell replied yes. I On Motion made by Trustee Solomon, seconded by Trustee Daly, the Public Hearing was adjourned at 10: 20 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION NEGATIVE DECLARATION CODIFICATION RESOLVED, that the accompanying "Notice of Determination of Non- Significance" for the adoption of the Code of the Village of Rye Brook and related matters be and hereby is approved. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 20 004 December 15, 1992 7. VILLAGE OF RYE BROOK ENACTING LOCAL LAW #2-1992 on Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION VILLAGE OF RYE BROOK RESOLUTION TO ENACT LOCAL LAW #2-1992 WHEREAS, Public Hearings were held the 26th day of February, 1991, the 26th day of March, 1991, the 23rd day of April, 1991, the 28th day of May, 1991, the 25th day of June, 1991, the 8th day of October, 1991, the 14th day of January, 1992 , the 28th day of January, 1992 , the 25th day of February, 1992, the 24th day of March, 1992 , the 26th day of May, 1992 and the 15th day of December, 1992 by the Board of Trustees of the Village of Rye Brook, notice of which was given as required by the Municipal Home Rule Law and Open Meeting Law of the State of New York; WHEREAS, at said Public Hearings, the Board of Trustees considered the enactment of proposed Local Law No. 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" . WHEREAS, all interested persons were given an opportunity to be heard with respect to the enactment of said local law; NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 2 - 1992 be enacted as follows: TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE *See attached. 21 NE4OF local Law Filing tae VASat Mgt: STAren eP4a*ANTr 4r STAQ (Use (his form to Rle a local I12211 a»' lith the Secretary of State.) i '?st of law should be given as amended. Do not include matter being eliminated and do not italics or underlining to indicate new matter. R e 3rook Village Local Law No. � -_ of the year 19 .._92 A local law _.__.co provide Ear Che codification of che local laws , ordinances and certain resolutions-ot che-Vi'1"" ` __ago at dye 3rook Taco a,Kunic�pal Code co be designated cite "Code of the Village of Rye Brook" Be it exacted by the _IiA.1S�_.p_�Ttustees _ of the j (Kame or Get•lative Sody) u -eb . a of ........... follows:.S.S€.L.,..N.g.K...XAS.I.___.._— as follows: Village ARTICLE L Adoption of Code § 1-1. Legislative intent- In accordance with Subdivision 3 of 4 20 of the Municipal Home Rule Law, the local, laws and certain resolutions of the Village of Rye Brook shall be known collectively as che "Code of the Village of Rye Brook," hereafter termed che "Code ." Wherever reference is made in any of the local laws and resolutions contained in the "Code of the Village of Rye Brook" co any ocher local law or resolution appearing in said Code, such reference shall be changed Co the appropriate chapter title, chapter number, Article number or section number appearing below, as if such local law or resolution had been formally amended to so read. 4 1-2. Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of local laws and resolutions in force immediately prior to Che enactment of che Code by this local law are intended as a continuation of such local laws and resolutions and noc as new enactments, and the effectiveness of such prodisions shall dace from the date of adoption of the prior local lar: or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as co their adoption by the Board of Trustees of the Village of Rye Brook, and is is the intention of said Board chat each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of 4 1-3 below. ! 'idonal space is needed, attach pages the same sire as this shee(, and number each.) -Z- 4 1-3. Repeal of enactments not included in Code. All local Laws of a general and permanent nature of the Village of Rye Brook in force on the dace of the adoncion of this Local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective data of this Local law. 4 1-4. Eaactments saved from repeal; matters not affected. The repeal of Local Laws provided for in § 1-3 or this Local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal. A. Any right or liability established, accrued or incurred under any legislative provision of the Village of Rye Brook prior to the effective dace of chis local law, or any action or proceeding brought for the enforcement of such right or liability. B. An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Rye Brook, or any penalty, punishment or forfeiture which may result therefrom. C. Any, prosecution, indictment, action, suit or ocher proceeding pending, or any judgmeac rendered prior to the effective date of this local law, brought pursuant to any legislative provision of the Village of Rye Brook. D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Rye Brook. E. Any local law or ordinance of the Village of Rye Brook providing for the laying out, -opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Rye Brook or any portion thereof. F. Any local law or ordinance of the Village of Rye Brook appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Rye Brook or other instruments or evidence of the village 's indebtedness. C. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any Lawful contract or obligation. H. The levy or imposition of special assessments or charges. -3- I I. The dedication of propercy- J. Any legislation relating to salaries. K. Any legislation adopted subsequent to ;larch 30 , 1990. i L. Local Law No. 8-1984 , adopted July 24, 1984 , and any amendments thereto, pertaining ca Zoning. H. Local Law No. 36-1984 adopted December 3 1984 r , pertaining to signs . N. Any local Law, ordinance or resolution, or part thereof, establishing fees for permits, licenses and bonds. 4 1-5. Severability_ i If any clause, sentence, paragraph, section, Article or part of this local law i or of any local law or resolution included in this Code now or through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered. 4 1-6. Copy of Code on file. A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Rye Brook and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified to by the Village Clerk of the Village of Rye Brook by impressing thereon the Seal of the Village of Rye Brook, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while the said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. -4- 1-7. 4-1-7. Amendments to Code. Any and all additions, deletions , amendments or supplements to any of the local laws and resolutions known collectively as the "Code of the Village a£ lye Brook, " or any new local laws or resolutions, when enacted or adoocad in such fora as to indicate the intention of the Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Cade so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions , amendments or supplements to the Code shall be enacted or adopted, they shall thereafcar be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto. Nothing contained in chis local law shall affect the status of any local law or resolution contained herein, and such local laws or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable. j § 1-8. Code book to be kept up-to-date. It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Rye Brook required to be filed in the office of the Village Clerk far use by the public. :, All changes in said Code and all local laws and resolutions adopted by the Board of Trustees subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Cade shall, when finally enacted or adopted , be included therein by temporary attachment of copies of such changes, local laws or resolutions until such changes, local laws or resolutions are . printed as supplements to said Code book, at which time such supplements shall: be inserted therein. § 1-9. Sale of Code book; supplementation. Copies of the Cade may be purchased from the Village Clerk of the Village of Rye Brook upon the payment of a fee to be set by resolution of the Board of Trustees, which Board may also arrange by resolution for procedures for the periodic supplementation thereof. § 1-10. Penalties for tampering with Code. Any person who , without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code or' the Village of Rye Brook, or who alters oc tampers with such Code in any manner whatsoever which will cause the legislation o£ the Village of Rye Brook to be misrepresented thereby, or who violates any ocher provision of this local la:: , shall be guilty of an offense and shall , upon conviction thereof , be subject to a fine of not mace than two hundred fifty dollars ($250 . ) or imorisonmenc foc a term of not mace than fifteen ( U) days, or both. i I -5� I 4 1-11. Changes in previously adopted legislation. A. In compiling and preparing the Local laws and resolutions for publication as the Code of the Village of Rye Brook, no changes in the meaning or intent of such Local laws and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and ocher minor aonsubscancive changes were made in one ( 1) or more of said pieces of Legislation. Ic is the intention of the Board of Trustees chat all such changes be adopted as part of the Code as if the local laws and resolutions had been praviously formally amended to read as such. B. In addition, the following changes, amendments or revisions are made herewith, to became effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code. ) (1) In Chapter 1, General Provisions, Article 1I, General Definitions (adopted 6-26-84 as L.L. No. 4-1984) : (a) Section 1-15 is amended by changing the following definitions to read as follows: BUILDING INSPECTOR -- The duly appointed person occupying the office of Building Inspector of the village. If no individual is appointed to fill the position of Building Inspector, then the Director of Public Works shall serve as the Building Inspector. CODE — The Code of the Village of Rye Brook, New York (b) Section 1-15 is further amended by revising the following definitions: ( L] "Board of Appeals" is amended to read as follows : ZONING BOARD OF APPEALS — The duly appointed persons constituting the Zoning Board of Appeals for the village. (2] "Recreation Commission" is amended to read as follows and all references in the Code to "Recreation Commission" shall be changed to "Recreation and Parks Commission" : R--CR?ATION AND PARKS COMMISSION -- The duly appointed persons constituting the Recreation and Parks Commission o , the village, formerly known as the "Recreation Cour'_ssion." (31 "Superintendent of Public Works" is amended to read as follows and all references in the Code to the "Superincendeac of Public Works" shall be changed to the "Director of Public Works: " DIRECTOR OF PUBLIC WOR3S — The duly appointed person occupying the office of Director of Public Worcs is the village. (c) A new 5 1-16 is added to read as follows: § 1-16. Word usage. Unless the context clearly indicates to the contrary, words used in the present tense include the future and/or past teases; words used in the singular number include the plural; words used in the plural number include the singular,and words used in the masculine gender include the feminine gender and neuter. (2) In Chapter 4, Administrator, Village (adopted 4-28-87 as L.L. No. 1-1987) : (a) A new Subsection 0 is added to § 4-4 (original Section 4) to read as follows: 0. Represent the village in all arbitrations or other administrative proceedings . (b) A new Subsection P is added to 5 4-4 (original Section 4) to read as follows : P. Recommend the compensation for all nonunion personnel, other than department heads , after consultation with the Board of Trustees. (c) Section 4-6 (original Section 6) is amended to read as follows : § 4-6. Effect on other laws. All existing local laws of the village and the duties of heads of departments shall remain in full force and elect except insofar as they conflict with the provisions of this chapter, in which case the provisions of this chapter shall prevail. (3) In Chapter 20, Defense and Indennificacion (adopted 5-26-87 as L.L. No. 5-1987) § 20-3 (original Section 3) is amended to read as follows : 5 20-3. Liability for costs. ij The Village of Rye Brook shall be liable for costs in accordance with the provisions of 5 18 of Che Public Officers Law. II (4) In Chapter 24, Ethics, Code of (adopted 5-28-85 as L.L. No. 10-1485 ) : (a) Section 24-1 (original Section 1) is amended to change "its charter" to "its Local laws" in the second sentence. (b) Section 24-50 (original Section 5(d)] is amended by adding "real estate or ocher" before "transactions" in the first sentence. (c) Section 24-5 (original Section 6) is amended by changing "t'.aency-five dollars (25 .00)" to "seventy-five ($75 .) dollars. " (5) In Chapter 35 , Local Laws , Adaption of (adopted 6-12-84 as L.L. No. 3-1984) , a new 4 35-3 is added to read as follows : 5 35-3. Time limit for public notice. The public notice provided for in this Article shall be given at least ten (10) days prior to the public hearing concerning the local law. (6) In Chapter 39 , Mutual Aid (adopted 10-24-89 as L.L. No. 6-1989) , original Section XIII, which dealt with penalties for offenses, is deleted. (7) In Chapter 59 , Traffic Commission (adopted 3-22-83 as L.L. No. 3-1983) , original Section 1, which dealt with findings of fact, is deleted. (8) In Chapter 74 , Alcoholic Beverages, Article I, Consumption in Public (adopted 6-26-84 as L.L. No. 10-1984) : (a) A new 4 74-2 is added to read as follows : § 74-2. Definitions. As used in this Article, the following terms shall have the meanings indicated: CONSUME — Includes drinking From a container of any kind or movement of the container to the mouth, possession with alcohol on the breach of the possessor or any circum- stances evidencing an intent to ultimately consume in any public prop-erty or public area. I (b) Section 74-3 (original Section 2) is amended ca read as follows: § 74-3. Exceptions. The Board of Trustees, upon request and based upon its determina- tion that there will be negative impact on the neighbors or community, which determination shall be made in their sole discretion, may permit the drinking of alcoholic beverages at public pLsces for an authorized function. Such authorization shall specify the place and hours within which such beverages may be consumed and other conditions governing such consumption. (9) In Chapter 83, Bicycles (adopted 7-24-84 as L.L. No. 20-1984) : (a) Section 83-1 (original Section 4) is amended to read as follows : § 83-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated; BICYCLE — Every two-or three-wheeled device upon which a person or persons may ride, propelled by human power through a belt chain or gears.This definition shall not include such a tricycle having solid tires and intended for use only upon a sidewalk by preteenage children. (b) Original Sections 1A and 2A through K are deleted. (c) Section 83-3 (original Section 23) is amended to add at the ena thereof the phrase "except chat a person who is handicapped or disabled shall be able to ride or propel a bicycle upon the village 's sidewalks." ( 10) In Chapter 87 , Blasting and Explosives (adopted 6-26-84 as L.L. No. 12-1984) . (a) Section 87-3 (original Section 3) is amended to read as follows : § 87-3. Blaster's license; bond, insurance and fees. A. A blaster's license shall be issued by the Building Inspector of the Village of Rye Brook upon application on forms prescri'oed by him. Applicants shall be at least twenty-one (21) years of age and shall satisfy the Building Inspector as to their experience in handling explosives and ability to use the same without undue risk. Applicants shall submit proof of a state certificate of competence as required by § .132 of the General i Business L'fw. I -9- B. g-B. The license shall not be issued until the applicant shall rurrish a band or an irrevocable letter of-.-edit in a sum to be fixed by the Village Engineer and in a fora acceptable to the Village j Attorney. After such approval, said bond or letter of credit shall be filed with the Village Clerk- In addition, eaca applicant shall secure and deliver to the Director of Public Works a liability insurance policy in an amount set by resolution of the Board of Trustees with the village named as i an additional insured. Each application shall be accompanied by a fee in an amount set by resolution of the Board of Trustees. Licenses shall expire an December 31 next following the date of their issuance and may be renewed by the Building Inspector for a period of one (1) year an the payment of a registration fee in an amount set by resolution of the Board of Trustees for each renewal.= Each applicant for renewal of license shall furnish a bond or irrevocable letter of credit as hereinabove provided. A license may be revoked if, in the opinion of the Building Inspector, the holder of such license has proven himself incompetent or careless. If so revoked, no new license shall be issued to the same person for a period of three (3) months, and then only upon satisfying the Building Inspector of his fitness for such license, (b) Section 87-4 (original Section 4) is amended to add "or letters of credit" after "ALl bonds ." (c) Section 87-5B (original Section 5B) is amended to delete Che fee of twenty-five dollars ($25.) and refer instead to the fee being an amount set by resolution of the Board of Trustees. (d) A new 187-5C is added to read as follows : C. If the Director of Public Works or Building Inspector finds, upon reviewing an application for a blasting permit, that the conduct of such blasting operation-will require the village to hire an outside expert or consultant to review the permit i application, to monitor the activity or to offer advice on the j placing and firing of the charges, the estimated cost of the services of such outside expert or consultant will be added to the permit zee, and, if the actual fee exceeds the estimate, the licensee shall be required to pay said excess to the village as part of the conditions of the license. i (e) Section 87-6 (original Seccion 6) is amended to insert the words "or dusk, whichever occurs earlier, " after the words "7:00 p.m. " (f) Section 87-7 (original Seccion 7) is amended to add the following sentence ac the end thereof: "It shall be unlawful to store explosives , fuses , electrical equipment or ocher, apparatus necessary co blast or any equipment involved with exploding or bLascing charge , except for covering materials on site overnight." ( 1L) In Chanter 91 , Building Conscruccion and Fire Prevention (adopced 6-25-84 as L.L. No. 9—L984) : (a) A new 4 9L-2 is added to read as follows : § 91-2. Building permit required. No person shall erect, enlarge or structurally alter any building or structure in the Village of Rye Brook without obtaining a building permit as required by § 68.9 of the Zoning law, (b) A new 4 91-7 is added to read as follows: § 91-7. Records. The enforcement officials shall include in their records such information as the number and category of inspections conducted the preceding year, the number of violations and abatements thereof; the I number and type of permits and certificates issued and recommenda- tions from the administration's enforcement of the Uniform Cale.The Board of Trustees shall be authorized to prescn'be specific regulations and reporting requirements by resolution. (12) In Chanter 113 , Electrical Installations (adopted 12-3-84 as L.L. No. 33-1984 ) : (a) Sections 113-4 and 113-11* (original Article III, Section 16, and Article IV, Section 23) are amended to add "or other authorized agency" after "New York Board of Fire Onderaricers." (b) Section 113-10 (original Article IV, Section 22) is amended to read as follows : § 113-10. Recognition of out-of-town licenses Any holder of a bona fide license issued by a municipality outside of the Village of Rye Brook may deposit a certified copy of such license with the Village Clerk and may thereafter at any time during the period of such license receive a license from the Village of Rye Brook upon pavment of a fee co be determined by the Village Board of Trustees provided that such electrical contractors shall be subject to all provisions of this chapter. (c) Section 113-16 (original ArcLcle IV, Seccion 28 ) is amended to change "Board of Elecctical Concrol" to "Board of Trustees. " -11- (d) The following original sections are deleced : ( 11 Article I dealing with the Board of Electrical Control (ZJ Sections 8 through 14 of Article III, dealing with registration and licensing of electrical contractors. ( 13 ) In CSapcer 117 , Erosion and Sediaenc Control (adopted 6-26-84 as L.L. No. 17-1984) , 4 117-38 (original Seccioa 3) is amended to change the definition of "subdivision" to read as follows: SUBDIVISION — The division of any parcel or parcels of land, regardless of use, into two (2)or more lots, plats, blocks, sites or parcels, with or without the intervention of existing streets or the creation of new streets, for the purpose, whether immediate or future,of transfer of ownership or resubdivision as defined herein. (14) In Chapter 121 , Excavations and Topsoil Removal (adopted 6-26-84 as L.L. No. 19-1984): (a) Section 121-1 (original Section 1) is amended to read as follows : § 121-L Conformity required-' No excavation for purposes other than those exempted under § 121-2 below shall be commenced except in conformity with the provisions of this chapter. (b) Section 121-2A (original Section Z-4) is amended to add "home gardening" and "fence" in the first sentence so that said section reads as follows: A. Before any excavation for purposes other than the construction of a wall or fence building or part thereof, farming or home gardening or public use is commenced and topsoil,earth, sand, gravel, rock or other substance is removed from the ground, i the owner or lessee of the premises, or agent of either, shall obtain a written permit therefor and for that purpose shall file with the Building Inspector of the Pillage of Rye Brook an application in duplicate for a permit containing a detailed work ana p coo d Ian setting I statement of the proposed S forth in detail the extent of the proposed excavation. Such statement and plan shall stata and show the exact condition of the plat or premises before and anter the proposed excavation. �I I I -L 2- (c) Section 121-3A (original Section 3) is amended to change "lour (4) inches" to "six (6) inches. " (d) Section 121-4 (original Section 4) is amended to read as follows : § 1214. Bond required: conditions-• Before the issuance of a permit, the one to whom the permit is to be issued shall execute and file with the Village Clerk a bond or undertaking in a form approved by the Village Attorney of the V'fllage of Rye Brook in an amount determined by the Board of Trustees on the recommendation of the Director of Public Works, but in no event less than ten thousand dollars ($10,000.). i (e) Section 121-5 (original Section 5) is amended to read as follows : § 1-91-5. Fee.- The Building Inspector of the Village of Rye Brook shall charge and collect for the aforesaid permit a fee in an amount set by resolution of the Board of Trustees., (15) In Chapter 126 , Firearms and Fireworks: (a) Article I, Display and Discharge (adopted 6-26-84 as L.L. No. 16-1984) , § 126-2 (original Section 1) is amended to read as follows : § 1?6-2. Prohibitions A_ It shall be unlawful for any person to store,sell,offer or expose for sale or have in his possession with intent to sell, or to use, discharge or cause to be discharged, ignited,fired or otherwise set in action within the Village of Rye Brook any fireworks, firecrackers, rockets,sparklers, torpedoes, Roman candles, fire balloons or other fireworks or substances of any combination whatsoever designed or intended for pyrotechnic display. Notwithstanding the provisions of the last sentence, the Board of Trustees may, pursuant to Penal Law § 405.00, grant a permit for the public display of fireworks subject to restric- tions mandated by law or resolution of said Board of Trustees. B. It shall be unlawful for any person to discharge within the Village of Rye Brook any rifle. gun, pistol, revolver, air rifle. BOB gun. crpss•bows and bows and arrows or other appliance. whether projecting or exploding any bullet, cartridge. blank cartridge. cap or ochervise. or any explosive substance or mixture of chlorates or nitrates except as hereinafter prodded. (b) Article II , Hunting and Trapping (adooced 6-26-34 as L.L. No. 13-1984) , § 126-8 (original Section 4) is amended ro read as follows § 12". Presumptive evidence of hunting. The possession of any wild animals or wild binds or the possession and curving in the field of a shotgun or other firearm or bow and :arrow shall be presumptive evidence of hunting. (c) Original Sections 2 and 3 of L.L. No. 16-1984 dealing with exceptions to the law and torpedoes are deleted. (16) In Chapter 130, Flood Damage Prevention (adopted 10-24-89 as L.L. No. 4-1989) : (a) The following definitions in § 130-5 (part of original Section 2.0) are amended as follows : (11 The definition of "area of shallow flooding" is amended to add the words "and updates of said map!' following the words "Flood Insurance Rate Map (21 The definition of "flood hazard boundary map (FEBM)" is amended to add the words "including all updates thereof" after the words "Federal Emergency Management Agency." (31 The definition of "flood insurance study" is amended to add the words "and all updates and modifications thereof" after the words "Federal Emergency Management Agency. " (b) Section 130-6 (original Section 3. 1) is amended to read as follows : § 130.6. Lands to which chapter applies.. This chatter shall apply to all areas of special flood hazard as identified by the Federai Emergency Management Agency as the Town of Rye. and by virtue of its incorporation on July 7, 1982, said area is now known as the Village of Rye Brook and, therefore, within the lurisdictton of said village. -14— I ! (c) Section 130-7 (original Section 3.2) is amended to read as follows : § 130.7. Basis for establishing areas of special flood hazard_ A. The ares of special Road hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report encided "Flood Insurance Study, Town of Rye, New York. Westchester Councy,"dated Mar ca 1979, with Flood Insurance Rare !:taps enumerated on Map Index No, 360930 00058, date September 29. 1979, and with accompa• Hy ng Flood Boundary and Floodway Map enumerated on Map Index No. 360930 OWSE. dated September 28. 1979, and any updates or modifications thereto. B. The documents referred to above are hereby adopted and declared to be part of this chapter and are filed In the Rye Brook Village Offices, 90 South Ridge Street, Rye Brook, New York. (d) Section 130-17 (original Section 6.1) is amended to change "Board of Trustees" to "Zoning Board of Appeals." In 4 130-17A the words "as established by the Rye Brook Board of Trustees" are inserted after "Zoning Board of Appeals." (17) To Chanter 135, Garbage , Rubbish and Refuse , Article I, Collection Permits (adopted 8-28-84 as L.L. No. 25-1984): (a) The definition of "Superintendent" in § 135-2 (original Section 2) is deleted. (b)' Section 135-3 (original Section 3) is amended to add the words "or her" to the end of the first sentence thereof and to „delete the words fee amounts of one hundred dollars ($100. ) pec vehicle , annual fee , and fifty dollar ($50. ) per vehicle for the balance of the year after July 1 and refer instead to the fee 'as sec by " .resolution of the Board of Trustees. (c) Section 135-4 (original Section 4) is amended to read as follaws : § 135.4. Insurance. Before the issuance of a permit by the Village Clerk, he or she shall require satisfactory proof that the applicant is insured against any and all liability for damage to property or injuries to parsons in an amount as set by resolution of the Board of Trustees which shall name the village as an additional insured. In addition, the Village Clerk shall require proof that workers' compensation, disability and all ocher required insurances have been obtained and are currently in efiec_ The Village attorney shall review and approve the insurance documents furnished by the applicant. -15- (18 ) In Chapear 149, Littering (adeocad 12-3-84 as L.L. No. 35-1984.) : (a) Section 149-2 (ociginal Section 2), the de=inicion of "newspaper" is amended to change "Post Office Department of the United Staces" to "United States Poscal Service." (b) Section 149-8 (original Section 8) is amended to read as follows : § 149-8. litter from trucks and other vehicles: Every vehicle shall be so constructed or loaded to prevent any portion of the contents from escaping therefrom. No vehicle used to transport dirt or sol shall be operated or driven so as to permit dirt or mud to adhere to the wheels and to be deposited in the public streets in the Village of Rye Brook. (19) In Chapter 158, Noise (adopted 5-24-1988 as L.L. No. 2-1988), § 158-4 (original Section 5) is amended to add the words "or dusk, whichever occurs earlier" after the words "7:00 p.m." (20) Chapter 162, Oil- and Gas-Buraing Equipment (adopted 12-3-1984 as L.L. No. 32-1984), is amended to read as follows : § 162.1. Title and purpose. This chapter shall be known as the "Oil and Gas Burners and Flammable Liquids Law," a law to regulate the construction and installation of oil- and gas-burning equipment and fuel ails. § 162.2. Permit required; fee; compliance with state requirements. No` person shall construct or install oil-burning or gas-burning equipment in the Village of Rye Brook without first obtaining a permit from the Building Inspector.The permit shall be accompanied • by a fee to be determined by the Board of Trustees. No person shall construct or install any oil-burning or gas-burning equipment or score any fuel oil or flammable gaseous material, e.g., propane, unless it complies with sate requirements for same. § 162.3. Penalties for offenses. Any violation by a person, firm. association or corporation of any of the pre isions of this chapter shall be and hereby is declared to be a violation. and, ucon conviction, such person. firm, association or corporation shall be subject to penalties as provided in § I.17 of Chapter L, G-eneral Provisions. Ever: day, or part thereof, that such violation shall continue shall be deemed to be a separate and distinct violation of the provisions of this chapter. -15- (21 ) In Chapter 170 , Parks (adopted 12-3-84 as L.L. Yo. 34-1984) : (a) Section 170-4 (arigiral Section 4), the definition of "aanprofic service organization" is amended to read as follows : NONPROFIT SERVICE ORG.A MkTION — An or-,=i=- tion exempt from the payment of income tax under the aopli. cable provisions of the Inceraa! Revenue Cade of 1954 and any amendments thereto. (b) Section 170-5 (original Section 5A) is amended to read as follows : § 170-5. Hours; closing. A. No person shall be permitted to remain, stop or park within the confines of any park in the Village of Rye Brook between 7.00 p.m. and 6:00 a-n-L from October 1 through March 31 and between 9:00 p.m. and 6:00 am. from April 1 through September 30 each year, except in case of an emergency or with special permit of the Superintendent of Recreation. B. In case of an emergency or when, in the judgment of the Village Administrator after consultation with the Superinten- dent of Recreation, the public interest demands it, any portion of a park may be closed to the public until permission is given to reopen it (c) Section 17076A (original Section 6A) is amended to read as follows: A. A permit must be obtained from the Recreation and Parks Commission for the following uses and activities: (1) The use of a park building located at the park site. (2) Picnicking on park grounds and/or the use of any playing fields or other park facilities by groups larger than twenty-four (24) persons. (3) Camping, sleeping or lodging within a park where allowed. (4) Cooking food within a park. (5) Posting or displaying any sign, banner or advertisement of any kind within a park. (6) using any loudspeaker or other sound-amplifying equipment. (7) Picnicking or cooking in any area not designated by the Recreation and Parks Commission for that purpose or making or kindling any Ere, except in places provided therefor and subject to such regulations as may be prescribed. (8) Begging, hawking, peddling or soliciting within any park- -17- (d) Section 170-6E (original Section 6E) is amended co add the following sentence to the end of the section: "Yonprofic service organizations shall be exempt from the payment of such fee." (e) Section 170-8G, H, I and J are added to read as follows : G. Writing, painting or earring on any tree, bench or park strtc^ure shall not be permitted. _ Fit Ascending or landing with any aircrat, including gliders or parachutes, except in an emergency situation, or engaging in stunt flying or parachute landing or model airplane flying or model rocket launching using liquid or solid fuel as a propellant shall not be permitted' L Carrying any shrub, axe, saw, shovel or spade within a park, violating the regulations of the Recreation and Parks j Commission relating to any building or place, damaging any notice posted by order of the Recreation and Parks Commis- sion or depositing materials in or upon any park or park road shall not be permitted. J. Moving or carrying any tables or equipment found within a park for park use to a different area of the park shall not be permitted. (f) Section 170-10 (original Section 10) is amended to delete original Subsection A dealing with penalties for offenses so that said § 170-10 now reads as follows : § 1720-10. Liability for damages. Any person damaging any park property shall be liable for any damag+_s incurred. (22) In Chapter 174, Peddling and Soliciting (adopted 9-22-87 as L.L. No. 10-1987 ) , §§ 174-4 and 174-8 (original Sections 5G and 10, respectively) are amended to delete the license fee of fifty dollars ($50. ) and the renewal fee of fifty dollars ($50 . ) and refer instead to the amount set by resolution of the Board of Trustees . (23) In Chapter 178 , Places of Public Assembly (adopted 3-26-1985 as L.L. No . 5-1985 ) , § 178. 9 (original Saccion 9) is amended to change the number "seven (7)" to "can ( 10)" in the second sentence of Subsection A thereof and to change the number "fourteen (14)" co "ten ( 10)" in the second sentence of Subsection B thereof . I —i8— (24) Chapter 180, ?lucbing , is adoocad co read as _`011o:os : ARTICLE 1 General Provisions § 180-1. Title. The provisions of this chapter shall be known as the "Plumbing Administration Law," and may be cited as such. I § 180.2 Definitions. As used in this chapter, the following terms shall have the indicated meanings unless from the context a different meaning clearly appears: APPRENTICE — One who has been engaged in the trade, j business or calling of plumbing for not less than five(5) years. Graduation from an accredited trade school shall be equiva- lent to three (3) years of apprenticeship. EMPLOYING OR yLASTER PLUMBER — An individual, corporation or partnership or other entity duly registered with the Village of Rye Brook Building Department and engaging in the trade, business or calling of a plumber or of plumbing in the village and who may employ other persons (not including corporations) to assist him in carrying out such business, trade or calling. JOURNEYMAN —One who has fulfilled the requirements of apprenticeship. j TRADE SCHOOL — A school for plumbers licensed by the Department of Education of the state. VILLAGE — The Village of Rye Brook § 180-3. Purpose. The purpose of this chapter is to safeguard life and property by regulating the manner of installation, alteration, removal and inspection of all plumbing work in existing or proposed building; and structures and the materials used therefor, and by prohibiting any installation, alcaracion or removal or the use of any materials which do not comply with such regulations and providing for the licensing of plumbers. § 180-4. Compliance with Uniform Code and other village g Provisions required. Any Plumbing installations described to § 180-3 ,hall be in conformity with the New York State Uniform Fire Prevention and Building Code Provisions applicable iicabie co plumbing and all ordinances. rules and regulations of the County Department of Health and the village. § 180-0. Fees. All fees paid for plumbing permits, examinations, reexamination. eta, required by the provisions of this chapter shall be the fees as set forth in the fee schedule of the village or such other fees as may from time to time be enacted by the Village of Rye Brook Board of Trustees. Where a system is rejected or incomplete at the time of inspection, an additional fee shall be imposed for reinspection. ARTICLE II Examination and Registration § 180-6. Certificate of registration; certificate of competency. Every employing plumber or master plumber carrying on his trade, business or calling in the village or desiring or intending to do so or desiring to do plumbing shall first be registered by the Building Department and, thereafter, shall be entitled to receive a certificate of such registration; provided, however, that such employing or master plumber shall pay all fees. file a surety band and pass the village test of competency from an Examining Board of Plumbers, as provided in this chapter. It shall be unlawful for a person to conduct such a business, trade or calling without first having obtained such certificate of competency. § 180-7. Surety bond. The holder of a certificate of competency shall, in order to be registered as required by this chapter. file a surety band in the sum of ten thousand dollars ($10,000.), conditioned upon the observance of this chapter and of other local laws of the -village and further conditioned upon compliance by the applicant with the direction of the Director of Public Works with regard Co street openings. _Zo_ § 18". Expiro.tion. All registrants of plumbers pursuant to this Article shall expire on the first day of January in each calendar year. § 180-9. Renewal. A. It shall be the duty of the Direc°or of Public Works to nodfy all I plumbers registered pursuant m this chapter thirty (30) days in advance of the date of the expiradon of their cert,Cates of registration that a renewal fee will be payable in thirty (30) days from the date of such notice, and failure of the applicant to pay the annual renewal fee and file a surety bond, as required by this Article, within such time will subject the applicant to an additional fee as provided for in the fee schedule= and as may be adopted in the village from time to time. B. Registrations may be renewed for an additional one-year period after expiration without an examination. All renewal feces shall be paid during the month of January in each calendar year. Any registered plumber who fails to renew his registration during the month of January may renew his registration without procuring a new certificate of competency and without taking any examination by paying the prescribed fee and complying with the Other requirements set forth in this Article, provided that not more than one (1) year has lapsed since his registration has expired. § 180-10. Transferability; use of another's registration. A certificate of competency when once issued pursuant to this Article shall not be transferable nor shall one not registered become engaged in plumbing work in the village on the registration of another. § 180-11. Cancellation of certificates: appeals; notice Of violation. The certificates required by§ 180-6 shall be subject to cancellation at any time for violation of any of the provisions of this chapter or any other village ordinances or laws. The plumber may appeal this decision by the Director of Public Works to the Village Board of Trustees. A notice of violation shall be se.mpd not less than ten (10) days prior to the. cancellation of the registration and ser-.-ed on the person charged with the violation. -z1- i § ISO-12. Reexamination after revocation or expiration. Whenever a certificate has been revoked pursuant to § 180-11 for a violation of this chapter or has been expired for longer than one (1) year, the employing or master plumber who forfeited his certifica e shall again be examined by the Board of Examiners prior m receiving a valid cera"case of competency. He shall pay the examination fee and rwnforrn with all ocher conditions as contained in this Article as if' registering for cite first time for a license. i § 180-13. Reciprocity. Any person licensed as a master plumber in another municipality in Westchester County, upon submitting an application therefor and payment of a fee as listed in the fes schedule of the village, accompanied by a certified copy of such license, together with an affidavit by the applicant stating that he or she is familiar with the provisions of this chapter, and the filing of a bond as provided in § 180.7 shall be granted a license by the Village of Rye Brook to act as an employing master plumber without further examinations. Notwithstanding the above, the aforesaid application for reciprocity shall be accepted, provided only that the municipality in which the applicant is licensed as a master plumber reciprocates by permitting persons licensed by the Village of Rye Brook as master plumbers to conduct the business of plumbing in such municipality without necessity of further examination. § 180-14. Registered plumber to perform plumbing work All plumbing work done in the village, exceoc work in public streets by the village and under the supervision of the Department of Public Works, shall be done by an employing or master plumber registered under the provisions of this Article or by his employee under his supervision. § 180-15. Board of Plumbing Examiners. A. At the first meeting of the Village Board of Trustrs held in the month of April of each year. there shall be appointed four (4) persons to the Plumbing Board: three (3) employing or master plumbers., all of whom shall be residents of the Village of Rja Brook. and the Village of Rye Brook Plumbing inspe=:or• B. Such persons shall be designated and entitled the "Board of Plumbing Examiners," and shall hold office for a one-,year term of appointment and until their successors shail be duly appointed. The Plumbing fnspec or shall be Chairman of the Board and receive and handle all moneys which shall be paid over to the Village Treasurer. § 180-16. Board meetings; quorum. Meetings of the Board of Plumbing Examiners shall be held at the discretion of the Chairman. ,1 majority of such Board shall constitute a quorum. I i I § 180.17. Authority to make additional examination regulations. I ! The Board of Plumbers is hereby authorized and empowered to make such prudent rules and regulations in relation to examinations of candidates for certificates of competency as it may, from time to time, deem necessary. Such rules shall be subject to the approval of the Village Board of Trustees. I i § 180-18. Administering of examinations. The Board of Plumbing Examiners shall examine all applicants who apply for a registration to become engaged in the plumbing business in the capacity of employing or master plumber in the village. Examinations shall be conducted at the discretion of the Chairman. A quorum of such Board shall be present at each examination. The Building Inspector shall issue a certificate of competency to each applicant who successfully passes such. § 180-19. Qua.lufcation to take examinations. In order to qualify to take the examination of competency as an employing or master plumber, each applicant muse A. have at least four (4) years' experience as a journeyman j plumber; B. Not have been convicted of any felony, and C. Submit proof showing the period of employment as a journeyman and as an apprentice. § 180-20. Examination fee. Every applicant for the examination of competency pursuant m § 180-5 shall, at the time of citing his application for examination, pay to the Chairman of the Board of Plumbing Examiners the prescribed fee, which fee shall be transmitted to the Village Treasurer. § 180.21. Reexamination upon failure to pass. T"ne applicant for registration as a master or employing plumber as required by this article is eneded to a second examination in the event of this failure to pass the first examination and upon payment of an additional fee. if the applicant fails the second examination. another examination may be taken after a waiting period of four (A) months from the date of the second examination with new fees being required but not a new application. § 180-22. Conditions for conducting plumbing business. A. Any domestic corporation or foreign corporation authorized to do business in New York State and desiring or intending to conduct the trade, business or calling of plumbing in the village as an employing or master plumber may do so, provided that one (1) or more officers of such corporation, separately or aggregately, actually hold and own at lest fifty- one iftyone percent(51%)of the stock issued, and each of such officers holding such percentage of the stock is the holder of a certificate of competency of the Village Building Department as provided in this Artic!e. B. Each and every principal of such corporation shall be registered by the Building Department as provided in this ,Article upon EIing proof of ownership and qualification, a surety bond as herein required and payment of the required fee. " C. With regard to a partnership. each and every general partner shall be registered by the Building Department as provided in this Article upon filing proof of_owne,hip and qualification, a surety bond as herein required and payment of the required fee. .ARTICLE lII Permits § 180-23. Permit required. Before the construction or alteration of any plumbing or drainage system is commenced, the owner or lessee or the agent of either snail obtain a written permit therefor. § 1.80-24. Contents of permit A. Generally. For the purpose of obtaining the permit required by this Article. the applicant shall file an application for such permit with the Building Inspector, together with three (3) copies of the specifications and working drawings of the proposed system or alteration and such additional drawings and information as the Building Inspector may require. B. Specifications blanks. The specifications shall, if required, be on blanks provided by the Building Inspector. C. Working drawings. On all new construction, the working drawings shall be drawn at a scale of not less than one-fourth (1/4) inch to one (1) foot, with all dimensions plainly indicated thereon, and they must consist of such floor pians and sections as may be necessary to show clearly all the plumbing work to be done. Alterations of existing systems may require drawings if the work is extensive. D. Name. location of work, etc. Every application for a permit required by this Article shall contain a veriFied statement giving the full name and residence of the owner and a description of the lot where the work is to be done. by section. sheet. block and lot number. E. To the extent that these drawings, plans and specifications were already submitted to the Building Department they- do not have to be resubmitted. § 180-25. Accompanying documents. Every application for a permit required by this Article shall be accompanied by proof of compliance with the New York State Workers' Compensation Law and by a certificate of public liability insurance in favor of the village. conditioned for the payment of one hundred thousand/three hundred thousand dollars ($100.000./$$00,000.) for per--anal injury and twenty-five thousand dollar ($25,000.) for property damage. § 180-25. Amendments to permit. The plans and specifications upon which a permit has been issued may be amended ac any time before the completion of the work for which the permit was sought, provided that application for such amendment is made upon appropriate for nu and shall 'nave been tiled with the Building Inspector and provided. further, chat the application to amend shall be accompanied by :he required additional fee where the proposed amendment contemplates the installation of additional plumbing fixtures. Such amendment, after approval, shall be deemed part of the application and included in the permit § 180.27. Issuance of permit; filing and approval of plans. A. The Building Inspector shall approve or reject any application for a permit required by this Article within thirty (30) days and, if approved, shall promptly issue a permit therefor 0 the applicant, together with two (2) certified copies of the approved specifications and drawings. B. Where plumbing is done in conjunction with new building construction or in conjunction with alterations of an old building, no plumbing permit shall be granted until both the building and the plumbing specifications and plans have been flied and approved. § 180-23. Compliance with application plans required. The work of constriction or alteration of any plumbing or drainage shall be carried out in accordance with specifications and drawings for which the permit required by this Article was issued. § 180-29. Copy of approved plans required on premises. A certified copy of the approved specifications and drawings submitted as an application for the permit required by this Artic!e shall be kept at all times on the premises from the commencement of the work to completion. § 130-30. Expiration; revocation. A permit required by chis S.rtic!e under which no subscanc!al wort: has been done within one (1) year from its dace shall expire by limitation. The Building Inspector ma;:, by wricfen notice, revoke an: Permit in case of a raise statement or any misrepresentation as to a material fact in the application for the permit, and thereupon all work shall be stopped. -26— I I i § 180-31. Exceptions. Ordinary repairs to plumbing and drainage systems may be mace without obtaining a permit, but ordinary repairs shall not be construed to include cases where new vertical lines or horizontal branches of sail, waste, vent or leader pipes are Proposed to be used;. ARTICLE CV Inspections and Tests i § 180-32 Inspection required. All piping, traps and fl=res of a plumbing system shall be i inspected by the Plumbing Inspector to ensure compliance with all the requirements of this chapter and the New York State Uniform Fire Prevention and Building Code as it applies to plumbing and to ensure that the installation and construction of the system is in accordance with the approved plans for the permit required by Article III of this chapter. I § 180-33. Notification; plumber's duties. A. It shall be the duty of the plumber to notify the Plumbing Inspector and the owner, or his authorized agent, orally, by telephone or in writing, between the hours of 9:00 am. and 5.00 p.rrL not less than eight(8) working hours before the work is inspected or tested in accordance with therovisiors of P this Article. B. It shall be the duty of the plumber to make sure that the work will stand the tests prescribed before giving the above notifications. § 180-34. Waiver of notification by owner. At the time the permit required by Article III of this chapter is taken out, a written waiver by the owner of the notification may b=_ filed with the Building Inspector. § 180-35. CertTicate of compliance. A cerdficanta of the Plumbing Inspector certifying compliance aith the provisions of this chapter shall be issued to the owner of the premises at the completion of the inspection provided. -27— (25 ) la Chapter 182, Property Damage (adooced 7-24-84 as L.L. No. 24-1984 ) , 4 182-2 (original Seetion 2) is amended co add "or Village Administrator" to the end of the section. (26 ) la Chapter 186, Property 4ainceaance (adopted 7-24-84 as L.L. No. 23-1984) : (a) Section 186-2A (original Section 2) is amended to read as follows : A. Every owner, tenant, occupant or person legally in possession of land in the Village of Rye Brook, which land is adiacent to streets or highways shall maintain the property of the village in the same condition as the property of which he or she is legally in possession and shall have: (1) The grass,hedges,vines,shrubs and brush reasonably cut or trimmed and the trimmings or clippings and any leaves or other debris removed therefrom. (2) All poisonous weeds or growth and other noxious weeds eradicated. _ (3) All rubbish, litter, leaves, twigs, branches, cuttings or other unsightly or objectionable materials which are or might tend to become health. safety or fire hazards removed from such land. This subsection is not intended to prevent mulching and composting of materials originating on the property as long as such activities are not carried out in an objectionable, unsightly or unsafe manner. (b) Section 186-3 (original Section 3) is amended to read as follows: § 186-3. Dumping on private and public lands. No owner, tenant, occupant.or person legally in possession of real property in the Village of Rye Brook shall permit or allow any grass, hedge clippings, leaves, branches, logs, long living vines, shrubs or other similar materials, rubbish, litter, refuse, garbage, cinders. battles, broken glassware, waste, building or discarded construction I materials or other debris of any kind whatsoever to be dumped or deposited on any lands in his ownership or his post-ssion or subject w his control, nor on any other private lands; nor may any person dump or deposit any suck material on public land without permission of the Superintendent of Public 6Vorks, the Village administrator or the Board of Tristes. -2s- (c) Section L86-4 (original Section 4) is amended co add "boac or boac trailer" after "commercial vehicle." (d) A new 3 186-6 is added to read as follows : § 186-6. Sidewalk repair and maintenance. Every owner. tenant,occupant or person legally in pcssession of real property in the Village of Rye Brook which property is adjacent to a sidewalk or sidewalk arra, either public or private,shall maintain said sidewalk or sidewalks in good repair and shall Perform whatever repairs are necessary to cure any deiects or deficiencies in said sidewalk or sidewalk areas. (27) In Chapcer 192, Rooming, Lodging and Boarding Houses (adopted 3-26-85 as L.L. No. 7-1985), 4 192-11 (original Section 11) is amended by deleting the penalties in original Subsection D. (28) In Chapter 196, Satellite Earth Station Antennas (adopted 11-27-84 as L.L. No. 31-1984) , 4 196-2 (original Section 2) is amended to delete the application fee of one hundred dollars ($100. ) and refer instead to the fee "in an amount set by resolution of the Board of Trustees." (29 ) La Chapter 209, Site Plan Review: (a) Article I, Review and Approval Procedure (adopted 9-25-1984 as L.L. No . 28-1984), 5 209-8 (original Section 8) is amended to add the following to the end thereof : "Upon the failure of the applicant to pay such costs, the Director of Public Works shall certify the costs co the Assessors of the village , and thereupon such costs shall become and be a lien upon the land involved and shall be added to and become a part of the taxes next to be assessed and levied upon such land and shall bear interest at the same rate as, and be collected and enforced in the same manner as, taxes. The provisions of this section with respect to costs shall be in addition to any penalty imposed by this Code for violation of or noncompliance with the provisions of this chapter ." (30) In Chapter 215, Screets and Sidewalks : (a) Arcicle II , Street E:tcavacions (adapted 6-26-84 as L.L. No. 13-1984) : ( 1 ) Sectian 215-5 (original Section 1 ) is amended to change "Clerk" to "Director of Public Work.s ." —z9— (21 Section 215-5 (original Section 2) is amended cc .read as follows : § 215-6. Deposit or bond Before receiving such permit, such applicant shall, in the alternative, deposit the estimated cost of removing and replacing the pavement as provided herein for such pe:-mit or ole a !rand, the amount form and surety thereof to be approved by the Village Attorney in an amount fixed by the Director of Public Works, to indemnify and save harmless said Village of Rye Brook from all damage to persons and property caused by work done under any permit issued pursuant to this Ardc!e. [3] Section 215-8 (original Section 4) is amended by deleting the fee of fifty dollars ($50. ) and referring instead to the fee in "an amount set by resolution of the Board of Trustees ." (41 A new 5 215-9 is added to read as follows: § 2159. Emergencies. The time requirements specified in § 215-5 of this Article shall be waived in the event of an emergency,An"emergency"shall be defined as a situation which directly endangers public health, safety or welfare. In the event of an emergency, the work may be performed by a public utility or municipal agency without a permit, provided that a permit for such work shall be obtained as soon as possible after such emergency. The term "as soon as possible' shall be defined as within twenty-four (24) hours of completion of the work or by the end of the next business day, whichever is sooner. (b) Article III , Visibility at Intersections (adopted 1-17-85 as L.L. No. 2-1985): (1] Section 215—IIB (original second unnumbered paragraph) is amended to read as follows : B. No tree, shrub, fence, wall or other structure may be located on land within fifteen (15) feet of the edge of the traveled way of any street within the limits of the village if such tree, shrub, fence, wail or other structure obstructs or interferes with the view of drivers of vehicles an a driveway from a point on such driveway rdzze-n (15) feet from the traveled way to a minimum distance of seventy-five (75) feet along the street at a point more than thirty (30) inches above the street level. -30- (21 Section 215-12 (original third unnumbered paragraph) is amended to add "Village Eagineer" after "Director of Public Works ." (31 Section 215-13 (original fourth unnumbered paragraph) is amended to read as follows : § 215.13. Performance of work by village; assessment of costs. rn case such owner or owners shall fail to cause such tree. shrub, fence, wall or other structure to be removed or so crimned an or before such dace, the Director of Public Works shall report to the Village Administrator, who shall direct the Director of Public Works to have the tree, shrub, fence, wall or other structure removed. The cost of such removal shall be the obligation of the property owner and shall became a lien an the property, to be collected in the same manner as a village tax. This provision with respect to costs shall be in addition to any penalties imposed for violation of or noncompliance with the provisions of this chapter. (31 ) In Chapter 219, Subdivision of Land: (a) Part 1, Planning Board (adopted 8-11-1987 as L.L. No. 9-1987), 6 219-8A (original Section 6A) is amended to add the words "or failure to attend the required educational training programs in accordance with mandates set by the Board of Trustees" to the and thereof. (b) Part 2, Subdivision Regulations (adopced 1-24-85 as L.L. N.'. 3-1985 ).- (11 -1985 ):(11 Section 219-15A (original Section 1.61 ) is amended to change the number "five (5)" to "ten (10)" in the secoad sentence thereof . (21 Section 219-213(4) (original Section 3.4. 1(d)] is amended to read as follows : (4) Where subdivision roads and/or other improvements are involved and where the applicant intends to post a performance band to cover the cost of such improvements or, in the alternative, where the Director of Public Works . or the subdivision resolution requires a per-formance bond, a statement shall be submitted from the applicant's engineer, giving the estimated costs of construction, together with quantities in unit acts used in making the estimate. -31— C31 Section 219-213(6) (original Section 3.4. 1(:)] is amended to read as follows : (6) A fee covering the to the village of engineering consulting services required for the engineering review of the proposed subdivision as specified in the fee schedule adopted by the Board of Trustees: I j (4] Section 219-21B(8) (original Section 3.4. 1(h)1 is amended to read as follows : (8) Where there is no pari[ area shown an the proposed plat, a fee in lieu of such recreational land shall be required. The amount of said fee shall be calculated in the manner specified in the fee schedule adopted by resolution of the Board of Trustees with respect to each said subdivision. This fee shall be paid in its entirety prior to the signing of the final plat by the Mayor unless the final resolution granting subdivision approval specifically modifies this payment schedule. 151 Section 219-21H (original Section 3.4.7) is amended to add the following after the first sentence: The final subdivision or resubdivision olat shall include the following designation and legend, which shall appear an the plat: "This Subdivision Plat is subject to all requirements and conditions set forth in the final subdivision resolution of the Village of Rye Brook dated (61 A new 4 219-21K is added to read as follows : K Submission of copies of subdivision resolution to purchaser. The subdivider shall be obligated to furnish a copy of the [final resolution of the Board of Trusters granting subdivision approval or resubdivision to each purchaser of a lot in the subdivision prior to the transfer of title of said lot. The subdivider shall be required to present to the Village Attorney a verification that said notice has been given in the form of a receipt signed by the purchaser.' (7] Section 219-223(2) (original Section 4. 1 .2(b)l is amended to delete "Then, after due notice and public hearing" which appears at the beginning of the third sencz.ce . (8] Section 219-23D (original Section 4 .2.3 ) is amended to read as follows : D. Inspection fee. To offset the cost incurred by the village in conducting inspections, all applicants for approval at submis- sions involving the construction of streets and/or other improvements shall be required to submit an inspet^on fee, payable to the Village of R7e Brook, in an amount as set by resolution of the Board of Trustees. i -32- (91 Two (2) new 15 219-27 and 219-28 are added co read as f 0110 we § 219-27. Covenants and agreements,. A. Copies of all covenants or deed restrictions that are incanded o apply to all or any par, of the proposed subdivision or resubdivision shall be submitted by the subdivider to the Board of Trustees and the Viilage Attorney prior to final subdivision approval, B. Where title to land designated for parks, recreationareas or open space is to remain for the subdivider or reserved by covenant for the common use of the property owners of the subdivision or resubdivision, the subdivider shall submit copies Of agreements or other documents showing the manner in i which such areas are to be maintained and the provision made therefor to the Village Attorney for approval prior to final subdivision approval.All agreements and covenants governing the maintenance of such undeeded parcels of land shall be in a form acceptable to the Village Attorney as to their legal sufficiency. The final subdivision plat of any subdivision or resubdivision shall not be executed until the provisions of this section are complied with. § 219-28. Updated Toa Maps.: The subdivider shall submit a cony of the full scale Tax ltap(s) on I which the location and layout of the proposed subdivision or resubdivision, including all lots, streets, parks, playgrounds, open spaces and easements, have been clearly shown to scale as part of the subdivision process. [101 Section 219-40K (original Section A3lc) is amended to read as. follows: M Endorsement of the owner in the form aoprovcd by the Board of Trustees of the Village of Rye Brook upon the advice of the Village Attorney. ( 111 Section 219-41G (original Section A49) is amended to read as follows : G. Notations and approvals shall be placed on construction drawings in accordance with requirements to be formulated by the Director of Public Wor.:s with the approval of the Village Attorney. -33- (121 Original Sections A31 and A4h, which dealt with cheform of endorsement and che notation of approval co appear on all sheets , respectively, are deleted. ( 131 Table 1, Design Standards for New Streets, is amended to change the minimum traveled-way width for minor streets in the residential screacs column from 24 to 28. (32) In Chapter 224, Sc-imming Pools (adopted 6-26-84 as L.L. No. 14-1984) : (a) Section 224-2B (original Section 2B) is amended to delete the words "bacterial standard" therefrom. (b) Section 224-3A (original Section 3A) is amended to read as follows : A. Each application for a permit shall be accompanied by the required fee as set by resolution of the Board of Trustees and included in the village's Fee Schedule.' (c) original Sections 7 and 8 (H 224-7 and 224-8 of Chapter 224), dealing with disinfection and bacteriological standards and test sets, are deleted. (d) Sections 224-14 and 224-15 (original Sections 14 and 15) are amended to read as follows: § 224.14. Screening. Where planting as a screening does not exist, dense shrubs. -preferably evergreens, of no less than three (3) feet in height shall be planted around the perimeter of the pool, along the side. front and rear lot lines of the pool rim. or a solid fence at least four (4) feet in height shall be installed as a substitute. § 224-15. Fencing.' A. An outdoor swimming pool shall be provided with an enclosure which shall comply with the following: I (1) The enclosure shall be at least four (4) feet in height and have a maximum vertical clearance to grade of two (2) inches. (2) R here a picket-type fence is provided, the horizontal openings between the pickets shall not exceed three and one-half (3b4� inches. (3) Where a chain link fence is provided, the openings between the links shall not exceed nvo and three-eighths (21.1U inches. (4) Enclosures shall be constructed so as not to provide footholds. -34— (5) Pickets and chain link twist shall extend above the upper horizontal bar. (6) Such enclosure shall have railings and post within the enclosure which shall be capable of resisting a minimum lateral load of one hundred fifty (150) pounds applied midway berxeen the posts and at the too of the posts, respectively. The enclosure, fence material or fabric shall be capable of withstanding a concentrated lateral load of fifty (50) pounds applied anywhere between the support on an area twelve (12) inches square without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least forty(40) inches above grade. (7) A wall of a dwelling is permitted to serve as part of the enclosure under the following conditions: (a) Windows in the wall shall have a latching device at least forty (40) inches above the floor. (b) A swinging door in the wall shall be self-closing and self-latching. (c) A sliding door in the wall shall have a self-latching device. B. Exemptions. (1) An above ground pool with at least forty-six (46) inches between the pool decking or the pool top and the adjoining grade is exempt from the requirements of Subsection A above, provided that any access ladder or steps can be blocked in an approved manner when not intended for use. (2) A pool less than twenty-four (24) inches deep is exempt i from the requirements of Subsection A above. C. Applicability of the provisions of the New York State Cade. In the event that New York State adopts regulations applying to private swimming pools more stringent than those set forth in these provisions, the more stringent New York State regulations shall take precedence and shall govern all swimming pools within the Village of Rye Brook. ' -35- (33) In Cbaptar 240, Vehicles and Traffic (adopted 7-25-88 7-1988): as L.L. Na. (a) Section 240-15 (original Section 7) is amended to add the words "or by officially posted signage" to Subsections A and B immediately following the words "is prohibited by this chapter." (b) Section 240-15 (original Section 8) is amended to add a naw Subsection I to read as follows : I. Stand, stop or wait where contrary to officially posted signage . (c) A new Article V is added to read as follows: ARTICLE V Parking on Private Property § 240-25. Title. This Article shall be called "Parking on Private Property." § 240-26. Enforcement by valage. Upon a written request from a School Board, accompanied by a copy of a resolution of the School Board requesting assistance in enforcing parking requirements, the Village of Rye Brook Police Department may enter upon property belonging to the school district for the purpose of enforcing no-parking requirements thereon, provided that the no-parking requirements are accompanied by .proper markings and signs posted and maintained by the school district' § 240-27. Penalties for offenses. � Any person violating parking regulations established by the School Board consistent with this chapter shall be punished by a fine of not less than twenty-five dollars ($25.) and not more than seventy-five dollars M15.) for each violation. (d) A new 5 240-28 is added to read as follows : § 240.23. Authority to alter regulations. The Board of Trustees shall have the authority to altar by ,resolution any tragic regulations provided that any such change may not be implemented without a public hearing conducted on not less than ten (10) days' notice. I —36— i (e) Section 240-29 (original Section 24) is amended to add "Except as ocher-rise provided herein" to the beginning of the section. (f) Original Sections 3 through 9 of L.L. No. 30-1984 (Article V of Chapter 240) dealing with parking restrictions in fire lanes, are deleted. (34 ) Chapter A257, Fees, is adopted to read as follows : § A9S7-1. Enumeration of fees. Village of Rye Brook License and Permit Fee Schedule Code Subiect Amount Revised Section ALARM PERMITS 70-5 Burglar and fire $10.00 10/1986 j ARCHITECTURAL REVIEW BOARD (See building permits) BLASTING AND EXPLO- 6/1991 SIVES 87-3B Blasting license $100.00 Renewal $100.00 87.5 Location permit $50.00 -37- Code Subject Amount Revised Section 91-6 BUILDING PERMITS 611991 Filing fee 525.00, plus 58.00 for each $1.000.00 or trac- tion thereof of constmc- tion costs Amendment to building per- mits Residential $25,00 Commercial $50,00 100-1 to CERTIFICATE OF OCCU- 6/1991 100-3 PANCY Residential, cemporar7 $25.00 Commercial, temporary $50.00 Residential, permanent Up to $20,000 $20.00 $20,000 to $50,000 $30.00 $50,000 to $100,000 $55.00 Over $100,000 $100.00 Commercial, permanent Up to 5200,000 $100.00 $200,000 to $300,000 $150.00 $300,000 to $400,000 $200.00 $400,000 to $500,000 $250.00 $500,000 to $1,000,000 $350.00 $1,000,000 to $2.000,000 $500.00 $2,000,000 to $3400,000 $700.00 $3,000,000 to $4,000,000 $900.00 $4.000,300 to $5.000,000 $1,000.00 Over $.1.000.000 $1,200.00 -38— I i i I Code Subject Amount Revised Section Partial certificate of occupan- Same as cJ perma- nent fees None CERTIFICATE OF REST- $200 5/1983 DENCY 107-6 DEMOLITION PERMIT Same as 6/1991 building permit 113-8 ELECTRICAL CONTRACT- 6/1991 ING Registration and license $125.00 Annual renewal $125.00 ELECTRICAL PERMITS 6/1991 i 1 to 20 outlets $20.00 21 to 50 outlets $25.00 51 to 100 outlets $30.00 101 to 200 outlets $35.00 201 to 300 outlets $100.00 Temporary ser+ice $25.00 Swimming pool $25.00 New service 200 amperes $20.00 +200 amperes $30.00 Gas pump $20.00 Heating boiler $20.00 Elevator $20.00 Other $20.00 215.8 EXCAVATIONS, HIGHWAYS Permit $50.00 Band or deposit required EXCAVATIONS AND TOP- SOIL REMO0:AL -39- Code Subject Amount Revised Section 121-4 Bond required, minimum $10,000 791.5 Permic Areas under 5,000 square $25.00 fee, i Arras over 5,000 square feet 550.00. plus $2.00 for each additional 5,000 square feet or fraction thereof 135-3 GARBAGE AND REFUSE COLLECTION Annual fee per vehicle $100.00 Not en forced 174-4G PEDDLERS AND VENDORS License plus cost of finger- printing 174-8 Renewal $50,00 180-5 PLUMBING INSTALLA- 6/1991 TIONS Permit fee Up toy fixtures $30.00 Over 5 fixtures $3040, plus $4.00 each addi- tional fix- tore Sanitary sewer connection $35.00 Stormwacer drain connection $35.00 I Code Subject Amount Revised Section Gas line connection 335.00 Waterline connection $35.00 Plumbing license application $125.00 Plumbing license renewal $125.00 209-15 RECREATION FEES Subdivisions, residential $7,000.00 1/1987 per acre, plus $1,750.00 per dwell- ing unit Site plan, nonresidential $7,000.00 10/1987 per acre. plus $1,750.00 per 2,000 square feet (NOTE: Recreational fee for site plan approval is not required if recreational fee has been imposed for subdivision approval.) 196.2 SATELLITE EARTH STA- - TION ANTENNAS Permit $100.00 Special use permit (environ- None mental fees, if any) -41— Code Subject Amount Revised Section i 209.2 SITE PLAIN REVIEW AND 1-15.1985 APPROVAL Applicacian fee Up to 5 acres $100.00 Over 5 acres $100.00, plus $10.00 for each addi. tional acre or part thereof 219-20 SUBDIVISIONS 1.15-1985 Preliminary Up to 5 lots $100.00 Over 5 lots $100.00, plus $10.00 per addi- tional lot 224-3 SWIMMING POOLS 6/1991 Permit Aboveground $125.00 In-ground $275.00 232.3 T_4XICABS Taxi driver, annual $50.00, plus cost of finger- printing Taxi vehicle, annual $100.00 Renewals Same fee 235-3 TREE PERMITS None 10.24.1989 Ch. 250 ZONING BOARD OF AP- 6/1991 — PEALS Application $150.00 Ch. 250 ZONING LkW Purchase of Zoning Law $15.00 10/1987 Purchase of Zoning Law with $20.00 map and amendments POLICE MISCELLANEOUS Fingerprinting. per card $10.00 Noncriminal None Noninfar.c None -42- (35) In the following sections, the penalty amaunc and/or Cera of imprisonmenc have been deleted and receranca made w the penalties found in Chaucer 1, General Provision , 4 1-17: (a) Section 70-20 (original Section 10 of L.L. No. 6-1987, adopted 6-23-87, pertaining to alarm systems). I (b) Section 87-151 (original Section 15 of L.L. No. 12-1984 , adopted 6-25-84, pertaining to blasting and explosives) . (c) Section 125-3 (original Section 5 of L.L. No. 16-1984, adopted 6-26-84, pertaining co display of fireworks and discharge of firearms ). i (d) Section 130-9 (original Section 3.5 of L.L. No. 4-1989, adopted 10-24-89, pertaining to flood damage prevention). (e) Section 135-5 (original Section 5 of L.L. No. 25-1984, adopted 8-28-84, pertaining to garbage collection permits) . (f) Section 135-1I (original Section 6 of L.L. No. 1-1985, adopted 1-17-85, pertaining to garbage receptacles )..; i (g) Section 149-19 (original Section 19 of L.L. No. 35-1984, adopted 12-3-84, pertaining to littering). (h) Section 158-6B (original Section Seven B of L.L. No. 2-1988,. adopted 5-24-88, pert -lai•ng to noise). (i) Section 174-9 (original Section 9 of L.L. No. 10-1987, adopted 9-22-87, pertaining to peddling and soliciting). (j ) Section 182-5 (original Section 5 of L.L. No. 24-1984, adopted 7-24-84, pertaining to property damage). (k) Section 196-6 (original Section 6 of L.L. No. 3-1984, adopted 11-27-84, pertaining to satellite earth station antennas) . (1) Section 200-4 (original Section 4 of L.L. No. 26-1984 , adopted 8-28-84, pertaining to screening and buffering facilities) . (m) Section 215-10 (original Section 6 of L.L. No. 13-1984 , adopted 6-26-84 , pertaining to scree[ excavations) . (n) Section 215-14 (original fifth unnumbered paragraph of L.L. No . 2-1985, adopted 1-17-85 , pertaining to visibility at interseccions ) . (o) Section 224-16 (original Section 16 of L.L. No. 14-1984 , adopted 6-26-84, pertaining co swimaing pools) . -43- (P) Section 232-12 (original Section 12 of L.L. No. 4-1985 , adopted 2-19-85 , pectainiag to taxicabs) . (q) Section 235-113 (original Section XIa of L.L. No. 5-1989, adopted 10-24-89, pertaining to trees). (r) Section 237-6 (original Section 5d of L.L. No. 18-1984, adopted 6-26-84 , percainiag to unsafe buildings) . (s) Section 240-22,x,(2) (original Section 48 of L.L. Na . 3-1989, adapted '0-27-89 , pertaining to fire lanes ). (36) The following penalty sections in the local laws listed have been deleted since they are a duplication of the penalty provisions found in Chapter 1 , General Provisions, 4 1-17: (a) Original Section 10 of L.L. No. 6-1988, adopted 7-26-88 , pertaining to animals. (b) Original Section 32 of L.L. No. 33-1984, adopted 12-3-84, pertaining to electrical installations . (c) Original Section 6 of L.L. No. 15-1984, adopted 6-26-84, Pertaining to hunting and trapping. (d) Original Section 5 of L.L. No. 3-1988, adopted 6-14-88, pertaining to lot area coverage. (e) Original Section 11 of L.L. No. 5-1985, adopted 3-26-85, pertaining to places of public assembly. (f) Original Section 6 of L.L. No. 23-1984, adopted 7-24-84, pertaining to property maintenance . (g) Original Section 8 of L.L. No. 19-1984, adopted 6-26-84 , pertaining to excavations and topsail removal. (37) The following penalty sections are amended to read as indicated : (a) Section 83-5 (original Section 3 of L.L. No. 20-1984, adopted 7-24-84, pertaining to bicycles) is amended to read as follows : § 83-5. Penalties for offenses. Every p?rson violating any provisions of this chapter shall, upon conviction therefor, be punished by a fine of not more than two hundred [U-'y dollars ($250.) for each violation. -44- (b) Section 140-3 (original Section 3 of L.L. Ya. i-1982, adopted 11-23-82, pertaining to helicopters and ocher aircraft) 4s' amended to read as follows : § 140-3. Penalties for offenses. AnY person, firm, corporation or association violating any provision of this chapcer shall be liable to a fine or penalty of not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.) for each offense. t § 1-12. Incorporation of provisions into Code. The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Rye Brook, such local law to be entitled "General Provisions , Article I, Adoption of Code," and the sections of this local law shall be numbered §§ I-1 to 1-13, inclusive. I § 1-13. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. i (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) I i i (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 92 of the ( Village) of Rye Brook was duly passed by the Board of Trustees on December 15, 19 92, in accordance with the applicable provisions of law, ame o egislativn Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer`.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was dui on 19 and was a y passed by the ( pproved)(not disapproved)(repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 19_, (Elective Chief ExecutiveOfficer') in accordance with the applicable provisions of law. 3. (Final adoptiou by referendum.) hereby certify that the local law annexed hereto, designated as local law No. of 19 the (County)(City)(Town)(Village) of was duly passed by Nle Name of Lachilacive Body) on 19T, and was (approved)(not disapproved)(repassed, after disapproval) by the on 19 Such local law was (Elective Chief Executive Ofacer" submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19^, and was (approved)(not disappro ved)(repassed after Name of Legislative Body disapproval) by the on I9 . Such local law was subject to lective Chief Executive Ofacer' permissive referendum and no valid petition requesting such referendum was riled as of 19 in accordance with the applicable provisions of law. ..lective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor or a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto.local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19_, became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as local law No, of 19 of the County of , State of New York, having been submitted to the electors at the General Election of November 19 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law; and was finally adopted in the manner indicated in paragraph 1 , above. lar o the ounty gia alive o y, City, own or Village Clerk or otncer designated by local legilsative body (Seal) Date: December 15, 1992 (Certification to be executed by County .attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW/YORK • ' COUNTY OF G(/-P//)C/ ..eiC.� I, the undersigned, hereby certify that the foregoing local law contacts the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Kenneth EE.. "Powell Title Village Attorney MMW om mif of Rye Brook ZbS&Xt "-- Village Date: December 15, 1992 (3) 004jG6 December 15, 1992 Mrs. Nelson stated that in reference to the Noise Ordinance, there is a problem at the Gamson property. Currently there is a house being constructed there and it is like living in the Bronx Zoo. once the foundation was poured, they have been using lights at night and have been working up until 7 : 00 p.m. Furthermore, they have been using very bad language beginning with the letter "F" . They start work at 7:45 a.m. and ending at 7 : 00 p.m. This is a difficult law to enforce because part of it says noise should not be heard beyond the boundary limit of the property. We are dealing with a Labor Organization which has a truck with no name on it and if there is any construction going on in our Village, we should know who is doing it. There should be a sign on that property with the name and telephone number of the Contractor. This company is from out of Town so they couldn't care less. Having floodlights on at 7 :00 p.m. is too much and I was ready to get my tap shoes and join the Rockettes line. The lights are shining in my backyard and it really is a Hillandale Hilton. When they did obtain their variance, it said that it should materially conform to the developmental pattern of the immediate neighborhood: No way jose! Whoever looked at this must be Helen Keller's brother and not be able to see anything. The structure is very high and in addition, they have dumped dirt behind the garage. Mayor Cresenzi stated that he sent the Police Department up there and there really wasn't much they could do because the noise ordinance allows individuals to work on or in their property until 9 : 00 p.m. We have discussed this ordinance to make it more effective while not prohibiting homeowners or residents from being able to make a living. Mrs. Nelson stated that they use their generator and saws up until 9 : 00 p.m. She also questioned what the role of the Tree Committee was. One of her neighbors told here that seven huge pine trees came down and since then, three more trees came down. Mr. Circosta explained that the Tree Committee is a group of three members, one from the Planning Board, one from the Zoning Board and a Chairman. They meet only if a tree permit is denied and the applicant has the option to appeal the decision of the Building Inspector to them. We do bring in consultants and a landscape architect who also approves various permits with the Building Department. The Tree Committee also can meet to review all permits that were approved by the Village. Mrs. Nelson questioned if there was a possibility for them to deny the permit after the work has already been done. Mr'. Circosta stated that this local law was established two years ago and perhaps should be reviewed. 22 December 15, 1992 Trustee Zuckerman questioned if Mrs. Nelson had received a copy of the tree permit. He had them available and gave one to Mrs. Nelson. According to this permit, fourteen trees on the Gamson property were taken down. Some of these trees may have had to do with the driveway which was supposed to be realigned, but was not. He stated that he agreed with Mrs. Nelson on the H procedures. If g the Building Inspector makes a mistake in approving a permit, there is really no way to check and if the trees are removed, it is too late. He doesn't mean to criticize the Building Inspector, but procedurally, there is some kind of a shortcoming that we need to look at. Mayor Cresenzi stated that we must have trust in our staff that they will make the best decision possible. People make mistakes and things happen. The function of the tree law was that if there was a diseased tree on the property, the Building Inspector would go over and review and then issue a permit for removal. Administrator Russo stated that the issue is not with the individual tree. Perhaps we should extend the scope of the Tree Committee's work to include review of the Site Plan. Trustee Solomon stated that there is a problem with discretionary trees. There was a change in a driveway, which was never changed on the plan. Trustee Zuckerman stated that this is something that we need to review. Trustee Pellino stated that regarding discretionary removal, the object of the Village at the time the ordinance went into effect was not to be overly prohibitive to a homeowner, but rather to allow discretionary tree removal and also for replacement of trees or donations of trees to be placed on Village property, which the Committee is supposed to determine. Mr. Circosta stated that this ordinance has been fantastic, overall. With regard to tree removals we are also gaining trees. If there is a tree to be removed that is close to a foundation, we require that they plant additional trees on the property to make up for that tree or donate trees to the Village if there is no room on I that property. Trustee Pellino stated that when the tree ordinance was put into effect, there was an issue of coming onto private property and telling the homeowner what they could and could not do on their property. 23 0045 iU December 15, 1992 For the overall good of the Community, we decided that in an effort to stop the indiscriminate stripping of trees from individual property was to have this law in place so if the homeowner decided that he didn't want a mature tree on a particular location of his property, he wouldn't be totally prohibited from taking it down as long as that same type or alike species was put on the property or somewhere else in the Village. Overall, this is a good ordinance. Mrs. Nelson stated that she is not criticizing the ordinance, only the issue of the Gamson property. She added that originally, we were told that seven trees were coming down. Why have fourteen trees come down she questioned. Mr. Circosta stated that he does not believe that all fourteen trees were removed because one permit was for a relocation of a driveway, which was changed so those trees that were supposed to be removed were not. Mr. Circosta stated that he would sit down and review the permit and the property as well. Mr. Heller mentioned that the property at Deer Run caused the trees on his property much damage and hopefully this does not happen anywhere else in the Village. We should not issue permits for big monstrosities in the Village. Mayor Cresenzi stated that a permit would not be issued if it does not conform to the Code. Mr. Heller added that we should look at the Code. If the house is a sore thumb in the neighborhood, it is not proper planning. Mrs. Nelson stated that they did put a mud retention fence of black plastic next to the property when the job started. If they could put that same fence near her she would appreciate it. RESOLUTIONS 8. APPOINTING CHIEF OF POLICE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF POLICE CHIEF RESOLVED, that Robert J. Santoro of 10 Valley Terrace, Rye Brook, New York, be hereby appointed to the position of Police Chief of the Village of Rye Brook for a 5-Year Term commencing December 29, 1992 , at a salary of $67, 000; and be it 24 004 December 15, 1992 FURTHER RESOLVED, that the probationary period for the position shall be twelve (12) weeks effective on the commencement date of December 29, 1992 . Mayor Cresenzi and the Board congratulated Chief Santoro and commended him on a job well done for the last eighteen months.. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. AUTHORIZING THE RENEWAL OF THE WESTCHESTER COUNTY PRISONER TRANSPORTATION CONTRACT 1993-1994 I Attorney Powell stated that this resolution reflects various changes that were negotiated with the County over the last week or so with the Director of Criminal Justice Services because Chief Santoro felt that there should be improvements because at times that the transportation was exceeding more than two hours because of the slowdown at the jail. We also received an agreement for an improvement in the meal reimbursement which is now reasonable. The resolution reflects the agreement as negotiated, however we have not yet received that contract with the corrections. The Director also indicated that he must go back to the Board of Legislators to get a re-authorization on his end of the contract because of the addition of language, but we should go forward with the resolution because the current contract will run out on December 31, 1992 and j we need a new contract in place. Trustee Solomon stated that it might make more sense to table this until the County sends the contracts to us. Chief Santoro stated that the payments stop if the contract is not in place. Attorney Powell explained that the Resolution reflects the language that we want but the contract is being revised to reflect the additional reimbursement for transportation over two hours and improvement in the meal cost, which are very straight forward changes. Trustee Pellino questioned if this is a renewal of another two year contract. 25 0045 $r December 15, 1992 Administrator Russo replied yes, explaining that it would cover half of one year, a full year and then five months of the next year. Trustee Solomon questioned if the slow down with the correction officers was affecting us. Chief Santoro stated that it has cost us $900. 00 so far for the transportation which includes overtime. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION PRISONER TRANSPORTATION CONTRACT January 1, 1993 to December 31, 1994 RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves entry by the Village into a Prisoner Transportation Contract for the period of January 1, 1993 to December 31, 1994 with the County of Westchester at the following rates: 1. $75 per round-trip for 1993 and $80 per round-trip for 1994 with additional reimbursement at $32. 00 per hour where transportation time exceeds two (2) hours; 2. Meals - actual and reasonable cost for meals provided post- arraignment; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE I I I 26 I i 045 December 15, 1992 10. ST. PAUL'S LUTHERAN CHURCH KING STREET/COMLY AVENUE SECTION 1, BLOCK 8, LOT 4B DEDICATION OF CASTLEVIEW COURT On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION ST. PAUL'S LUTHERAN CHURCH KING STREET/COMLY AVENUE SECTION 1, BLOCK 8, LOT 4B DEDICATION OF ROADWAY WHEREAS, by Resolution dated November 27, 1990, the Board of Trustees of the Village of Rye Brook granted Subdivision Approval on property consisting of approximately 4 .7 acres located on King Street and Castleview Court, said premises being known and shown on the Tax Assessment Map as Section 1, Block 8, Lot 4-B and extended thus approval by Resolution dated May 28, 1992 ; and WHEREAS, under the terms of the Subdivision approval the developer was required to construct the captioned roadway in accordance with and to post a performance bond to approval plans andspecifications pp pp P secure performance of the construction; and WHEREAS, the developer wishes to dedicate the roadway to the and to post a Village, to secure a release of the performance bond a p g maintenance bond as required. NOW, THEREFORE, BE IT RESOLVED, that- the Board of Trustees of the Village of Rye Brook hereby accepts dedication of the Castleview Court Road and cul-de- sac Roadway as described in the Deed of the Dedication to be executed by the Developer and presented to the Village of Rye Brook 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 furnishes the Village of Rye Brook a duly executed deed of Dedication of the Castleview Court road and cul- de-sac Roadway in a form approved by the Village Attorney. I 27 i i j 00!45? � December 15, 1992 2 . The Developer furnishes to the Village of Rye Brook a Title Insurance Policy in the amount of $30, 000 certifying to the Village a 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 FURTHER RESOLVED, that upon the satisfaction of the 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 except that the obligation of the Developer to post a maintenance bond in the amount of $25, 000 shall remain in full force and effect in accordance with the Village's Land Subdivision Regulations; and be it FURTHER RESOLVED, that this Resolution shall be binding on the heirs and assigns of each party. Trustee Zuckerman questioned why the developer was furnishing us with the title insurance policy. Why aren't we obtaining it and charging him for it so as to establish a relationship with the title company. Attorney Powell stated that it was just a procedure that most municipalities followed. Trustee Zuckerman stated that unless we know the title company that they are using he would feel more comfortable doing it ourselves and billing him for it. He also questioned the maintenance bond. Mr. Circosta explained that the Maintenance Bond shall remain in full force and effect for a period of two years. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 28 II December 15, 1992 004570 11. APPOINTMENT TO THE CABLE TV COMMISSION On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPOINTMENT TO THE CABLE TV COMMISSION RESOLVED, that Marc Goldstein of 29 Bonwit Road be hereby appointed to the Village of Rye Brook Cable TV Commission to fill the unexpired term of Julie Eckhert, to expire in April 1994. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE j MAYOR`'CRESENZI VOTING AYE C 12. APPROVING 1993 STOP-DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION 1993 STOP-DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves entry by the Village into the 1993 STOP-DWI Patrol Project and Training Reimbursement Contract with the County of Westchester for the period of January 1, 1993 to December 31, 1993 under which the Village shall receive reimbursement for it's participation in the program for a sum not to exceed $15, 000. ; and be it I j FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or convenient to accomplish the purposes of this resolution. Trustee Daly questioned what the rates were in 1992 and if they will remain the same. 29 004 7)' `l December 15, 1992 Chief Santoro explained that there are eleven cycles and they are paying us thirty dollars per hour which covers our overtime rate. The money then goes back into the general fund and the money comes out of our overtime budget and they don't get reimbursed. This is usually between the hours of 8: 00 p.m. to 4 : 00 a.m. and they are concentrating on DWI and they really stay on Westchester Avenue and Ridge Street. They pay us mileage on the vehicle and the car is marked Stop DWI Program. It originally was set up for speeding as well, but decided to deal strictly with DWI. It currently is not costing us anything and is a worthwhile program. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator; On-Line Checks: #5673 - 5759 Payroll Checks: #8518 - 8648 Environmental: NONE Recreational Trust: (Birthday Run) : Capital: 1046 - 1051 Manual Checks: 10081 - 10085 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 30 I UL 457 1 December 15, 1992 APPROVAL OF MINUTES 9. SEPTEMBER 8, 1992 10. SEPTEMBER 22, 1992 On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the Minutes of September 8th were approved and the Minutes of September 22nd were approved as amended. Trustee Solomon stated that on September 8, 1992 he asked two questions on the Con Edison Certiorari Settlement which he never received an answer on. Administrator Russo stated that he thought Assessor Bill Wendlendt answered them, but he would try to get in touch with him to get an answer. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. AWARDING CONTRACT # 9206 GARBAGE AND TRASH COLLECTION on Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AWARDING CONTRACT # 9206 GARBAGE AND TRASH COLLECTION WHEREAS, the Village of Rye Brook solicited bids under Section 103 of the General Municipal Law for Garbage and Trash Collection Contract #9206; and WHEREAS, the contract was publicly advertised and five potential vendors were sent a copy of the bid proposal, in addition to public advertisement; and WHEREAS, one bid was received from Suburban Carting Corporation of Mamaroneck, New York which was publicly opened and read at 2 : 00 p.m. on October 14 , 1992 ; and 31 December 15, 1992 WHEREAS, Suburban Carting Corporation bid the sum of $2 , 675, 195. 00 for the five year period of June 1, 1993 to May 31, 1998. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees awards Contract #9206 to Suburban Carting Corporation of Mamaroneck, New York, for the period of June 1, 1993 to May 31, 1998 for the contract sum of $2 , 675, 195. 00; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver any and all documents necessary and desirable to accomplish the purposes of this resolution. Mayor Cresenzi stated that the contract that is currently in effect was a five year contract, with no increases, which was $120, 000 per year lower than the previous contract that we had with the other carting company, so it is a pretty good deal. Five years from now, we will be paying less than the Village was paying fifteen years ago, so we are still ahead. Trustee Pellino stated that this contract does not include our recycling and is currently under a separate contract with Suburban Carting. Trustee Zuckerman stated that we can also expect a reduction in our recycling contract because of the Recycling Law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12 . SETTING PUBLIC HEARING DATE A LOCAL LAW AMENDING SECTION 24-14 (A) OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROVIDE THAT THE BOARD OF ETHICS SHALL BE COMPOSED OF THREE (3) MEMBERS On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: II' 32 00457 December 15, 1992 RESOLUTION SETTING PUBLIC HEARING DATE A LOCAL LAW AMENDING SECTION 24-14 (A) OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROVIDE THAT THE BOARD OF ETHICS SHALL BE COMPOSED OF THREE (3) MEMBERS RESOLVED, that a Public Hearing will be held by the Village of Rye Brook Board of Trustees on Tuesday, January 12 , 1993 at 8: 00 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, NY to consider the adoption of a proposed Local Law amending Section 24- 14 (a) of the Code of the Village of Rye Brook to provide that the Board of Ethics shall be composed of three (3) members. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Solomon stated that he volunteered for a position on the World War II Commemorative Committee. He added that the Committee needs to fill one more position. Mayor Cresenzi suggested that Trustee Solomon speak to the members after the meeting and that surely someone would be happy to help. Trustee Solomon stated that he has received many complaints of taxis and limousines parked in driveways and has obtained Port Chester's Zoning Ordinance which relates to that. There is a copy for each Board Member to review and perhaps we could discuss this. Trustee Pellino added that we will also distribute this to the Zoning Code Update Committee. Trustee Solomon stated that he received a communication from Ken Berman regarding a Republican Mayor from Indianapolis and a Democratic Mayor from Newark, New Jersey who talked about when municipalities turned to privatization. I Mayor Cresenzi stated that the communication would be distributed to the Board. Trustee Daly stated that the Zoning Code Update Committee has been working very hard and questioned when they would be bringing things before this Board. 33 NCO" December 15, 1992 Trustee Pellino stated that much of the work that has been done this past year is or has recently been released from the hands of the Village Attorney. The topics that are going to be submitted for Public Hearing are the revised PUD Ordinance, the new Sign Law for the Village, Commercial Vehicles, Junked Cars, RV's, Boats, Swimming Pools and Walls and Fences. Trustee Pellino questioned if the memo that the Board received from the Chief of Police regarding a full stop sign at Pine Ridge Park went to the Traffic Commission. Chief Santoro stated that the Traffic Sergeant reviewed it and it was brought to our attention by some of the residents that Pine Ridge Park is technically without a Stop Sign and is in a major thoroughfare and currently has a three way stop. The proposal is to make a four way stop there. Trustee Zuckerman stated that the Planning Board agenda included the Messina property and the Larizza Senior Citizen Housing proposal. He questioned if anything has transpired with those two proposals. Mr. Circosta stated that regarding the Messina application, the Planning Board has requested some further information which they should receive at their January Meeting. At that time they may be in a position to make some type of recommendation for it. As for the Larizza application, there was much information discussed and many comments made, but there is still quite a bit of information that the Planning Board has yet to receive, so that was held back as well. Mayor Cresenzi stated that he asked Attorney Powell to work with the developer's attorney to try to resolve the issues. Trustee Zuckerman stated that briefly, we should go over the proposal and let the residents know what is being proposed. Mr. Circosta stated that a reporter from the Westmore News reviewed the minutes of that meeting with regard to the housing project. Mayor Cresenzi stated that the proposal is from the parcel of land, adjacent to the Barclay's Bank on Westchester Avenue and Bowman Avenue, where presently stands a rather large two-family structure. The parcel of land is 20, 000 square feet and the idea is, for the fourteen units of Senior Citizen's Housing to be built on the site. It is a great site for senior's because it is very convenient and sorely needed in the County and Rye Brook. 34 i 0()4 rip ­ December 15, 1992 1 Trustee Solomon stated that the Rye Town Park was severely damaged in the storm we had this past weekend. He stated that Mr. Stracuzzi was present and suggested he come up and tell the Board what happened. Mayor Cresenzi stated that he just came from a meeting discussing that and there was a lot of wind damage, roof damage on the main pavilion building, the concession stand area is almost totalled because of large beams that were blown from Playland and were thrown through the snack bar area. There is significant damage to the equipment, electrical and plumbing systems in the concession area. There is a lot of sand erosion on the beach, sand missing, debris all over the place and a tremendous amount of storm damage with the trees in the park itself. The Rye Town Park Commission is just beginning to assemble reports on the damage and will be filling out reports to the County and see if there is Federal Money to assist in the repairs. Trustee Pellino questioned if there was any damage to Crawford Park. Mayor Cresenzi replied that there was only damage to a few trees but the Village of Port Chester was severely damaged, having six feet of water on Main Street. They really came away lucky, because if this was Hurricane Gloria at High Tide, there would have been twenty-one feet of water on Main Street. The City of Rye suffered a tremendous amount of damage along the Milton Road area and there were boats floating in the street on Milton Road. Trustee Zuckerman questioned if any of the damage at Rye Town Park was covered by insurance. Mayor Cresenzi stated that only the wind damage is covered by insurance, not -the flooding. They met with Nita Lowey's Office to see if she could lend some assistance in securing funds. i Frank Nardi added that the wall came down also. Ken Heller questioned when the Board will have discussion on their budget. Mayor ,Cresenzi replied that the tentative budget is filed in the middle of March. Mr. Heller stated that in reference to the Ethics Code that there was a article in our local newspaper regarding two of the Justices in the Town of Rye. Both Justices have appeared before Village Boards within the last week. 35 December 15, 1992 Mayor Cresenzi stated that Mr. Heller was correct, however at the Planning Board Meeting, John Colangelo stated that it would be his last appearance before any Village Boards or Commissions and Bruno Gioffre stated in the article that by the end of the year, he would have all of his pending matters cleared up and he too, would not appear before any Village Boards or Commissions and this is our last meeting of 1992, besides the December 29, 1992 meeting. Mr. Heller stated that he would suggest that we include this in the Ethics Code, as Mayor Kabcennel stated that was an oversight on his part. Mayor Cresenzi stated that he did not recall Mayor Kabcennel ever saying that it was an oversight on his part. He recalled that he said it was a problem that should have been corrected, which was a prerogative that he had at that time. Trustee Solomon stated that he would expect Mr. Gioffre to continue on until the United Cerebral Palsy case is finished. Mayor Cresenzi stated that he would like Attorney Powell, at the next meeting to give an opinion regarding Mr. Heller's question regarding the Town Justices, unless this is taken care of in State Law, and also to review other officials appearing in front of this Board, such as the Town Attorney. ADJOURNMENT On Motion made by Trustee Pellino, seconded by Trustee Solomon, the Board adjourned into Executive Session to discuss personnel matters at 11:25 p.m. Respectfully submitted, I Elizabeth Bottali Secretary to the Village Board i I I I 36 �I