HomeMy WebLinkAbout1993-12-28 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
REGULAR MEETING
DECEMBER 28, 1993
7:30 P.M.
PLEDGE OF ALLEGIANCE ACTI
PUBLIC HEARINGS
1. ARBORS HOMEOWNERS ASSOCIATION
SECTION 1. BLOCK 6R9 LOT - MAINTENANCE AREA
(ADJOURNED BY REQUEST TO JANUARY 25, 1993
2. PROPOSED INTRODUCTORY LOCAL LAW #8-1993
ENTITLED: COMMERCIAL VEHICLES
3. PROPOSED INTRODUCTORY LOCAL LAW #9-1993
ENTITLED: A LOCAL LAW AMENDING SECTION 66-36
OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK
TO PROVIDE FOR THE PURCHASE OF DWELLING UNITS
IN CONNECTION WITH A SPECIAL EXCEPTION USE
PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT
RESOLUTIONS
4. APPROVING WALL SIGN
MOBIL OIL CORPORATION/MOBIL STATION
SOUTH RIDGE STREET/BOWMAN AVENUE
5. SETTING PUBLIC HEARING DATE
WESTCHESTER COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATION
A. PARKING LOT - GARIBALDI PLACE
B. PLAYGROUND IMPROVEMENT - GARIBALDI PARK
6. ADOPTING LOCAL EMERGENCY PREPAREDNESS PLAN
7. APPROVING DONATIONS TO ANTHONY J. POSILLIPO
COMMUNITY CENTER RECONSTRUCTION FUND
8. REFERRAL TO PLANNING BOARD PROPOSED
AMENDMENT TO R-7 REAR YARD SETBACK
9. APPROVING RETAINER AGREEMENT
OXMAN, GEIGER, NATALE AND TULIS
j FOR TAX CERTIORARI CASES
10. APPROVING SPECIAL COUNSEL AGREEMENT
KEANE AND BEANE, P.C. FOR CERTAIN LITIGATION
11. APPROVING AGREEMENT WITH SOUTH EAST
CONSORTIUM FOR SPECIAL SERVICES FOR
RECREATION SERVICES FOR DISABLED
INDIVIDUALS
12. APPROVING DAY CAMP FEE INCREASES
13. AMENDING EMPLOYEES BENEFITS & POLICIES MANUAL
14. AUTHORIZING AGREEMENT WITH FIRST
ENVIRONMENT FOR REVIEW OF EPA REMOVAL
ACTION AT PORT REFINERY FACILITY
15. REFERRAL TO THE PLANNING BOARD
K & M REALTY GROUP, LTD.
REZONING APPLICATION
16. REFERRAL TO THE PLANNING BOARD
EDITH NISSON/7 BEECHWOOD BLVD.
SECTION 19 BLOCK 10, LOT 4
SUBDIVISION APPLICATION
17. AUTHORIZING THE ISSUANCE OF $2539224 SERIAL
BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE
DRAINAGE IMPROVEMENTS AT RYE HILLS PURSUANT
TO THE LOCAL FINANCE LAW OF NY.
18. SETTING PUBLIC HEARING DATE
INTRODUCTORY LOCAL LAW #1-1994 TO REPEAL
VILLAGE LICENSING OF WASTE COLLECTORS
19. REFERRAL TO THE PLANNING BOARD
MERRITT & HOLBY, INC.
200 SOUTH RIDGE STREET
SITE PLAN APPLICATION
20. CHECK REGISTER
REPORTS
21. RECREATION PROGRAM COST ANALYSIS
NEXT MEETING DATES
TUESDAY, JANUARY 11, 1994 - 7:30 P.M. AGENDA MEETING
TUESDAY, JANUARY 25, 1994 - 7:30 P.M. REGULAR MEETING
005957
MINUTES OF A REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
DECEMBER 28, 1993
CONVENE MEETING
The Meeting was called to order at 7:45 p.m. by Mayor Cresenzi in the Meeting Room and
the Pledge of Allegiance followed.
Present were the following members of the Board:
Mayor Salvatore M. Cresenzi
Trustee Michele Daly
Trustee Joseph Peltino
Trustee Randy A. Solomon
Trustee Gary J. Zuckerman
Also present were:
Christopher J. Russo, Village Administrator
Rocco V. Circosta, Director of Public Works
Lori Ann DeMarco, Ass't to Village Administrator
Kenneth E. Powell, Village Attorney
Robert J. Santoro, Chief of Police
Elizabeth Bottali, Secretary to the Village Board
Thomas Gissen, Frederick P. Clark Associates
Village Treasurer, Joseph Cortese, was not in attendance at this meeting.
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December 28, 1993
Mayor Cresenzi introduced County Legislator-Elect, Paul Noto.
Mr. Noto stated that currently, the County Board is in the process of contemplating override but the County
Executive vetoed the budget so that will be resolved by Friday. Shortly after the election, it was brought to .
Amy attention that an airline had taken some slots within the voluntary curfew and we know that is a.serious
problem for all those concerned about the airport, so I asked Commissioner Dan Mena about that and he
explained to me that for marketing strategies, airlines will try and block out other airlines for taking certain
slots within the curfew. The County does discourage airlines from trying to get into the slots and he said
that what will normally happen is that they will not actually utilize the slot, they will block it out so no one
else can take it. Then no planes will land or take off during that slot time. Mr. Noto added that he has a
copy of the letter for the Board members which explains all of this. Mr. Noto stated that he would like to
focus on some airport issues, and hold a meeting in Rye Brook in the form of a public forum sponsored
jointly by himself and the Mayor. It would be informational only and he would invite Commissioner Dan
Mena, Joel Russell, and anyone on the County Airport Advisory Board and the Village Airport Advisory
Board. The purpose of the meeting would be to help people understand better how the airport functions,
how their operation works and how we can have better communication with the County and the
administration on the airport issues. He added that he spoke to Mayor Cresenzi about some of the local
airport issues and he will be working on them with the Village of Rye Brook.
Trustee Zuckerman stated that meeting is a good idea and added that it should be taped on Channel 8 as
well as our own cable station.
Mayor Cresenzi agreed and suggested that Mr. Noto tell Mr. Mena that although it will be an informational
meeting, emotions are running high in Rye Brook with regard to the airport.
Mr. Noto stated that Mr. Mena was very eager to attend such a meeting. We would also like to keep the
content of the meeting as non-political as possible and just focus on enhancing communication between the
public and the County on airport issues and also focus on the future of the airport.
Mayor Cresenzi stated that he had a meeting this morning with the County Executive and Jack Lombardi
and a representative from Harrison. It was primarily an informational update because I had requested that
Mr. O'Rourke keep the lines of communication open between the surrounding municipalities and the
County. We should be having another meeting in January after the next stipulation negotiation meeting so
the information is beginning to flow.
Mr. Noto stated that it is important that the Board feels that the negotiations are proceeding so they can
inform the community that they are ongoing and not just language. This meeting will be an opportunity to
hear from the community what their needs and desires are so I can better represent them.
Mayor Cresenzi announced that the Board would be deviating from the agenda this evening.
RESOLUTIONS
1. APPROVING DAY CAMP FEE INCREASES
On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby
adopted:
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005059
December 28, 1993
RESOLUTION
INCREASING FULL SEASON DAY CAMP FEES
RESOLVED, that the following schedule of Day Camp fees be hereby adopted:
FROM TO
Early 1st Child $260 $290
Early Additional Child $125 $145
Late 1st Child $320 $355
Late Additional Child $150 $170
Non-Resident $400 $450
2nd Week 1st 0 (New) $180
2nd Week Additional 0 (New) $90
Trustee Zuckerman questioned what the 1993 subsidy was.
Superintendent Hroncich stated that it was 61.43% and will be decreased to 51.65%. A spread sheet was
made and we reviewed what a 10%, 15% and a 20% increase would do and the actual recommendation is
for any one of those three, but in fact a combination of them.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
REPORT
2. RECREATION PROGRAM COST ANALYSIS
Administrator Russo stated that a program to show the Board what level of subsidy is provided for every
{ recreation program had been designed and initiated in the Recreation Department. We started doing this
when we realized that we needed to have comprehensive information as to cost/benefit of programs for the
Recreation Department and to help the Village Board evaluate whether we want to keep programs or
change programs. This analysis is the first time that we have done anything like this comprehensively for
every program. This is not perfect and still needs cleaning up but we will definitely be able to use it
during budget time, stated Administrator Russo.
Superintendent Hroncich stated that this was started back in September and the office staff has spent about
200 hours on this document to date. This is going to be an ongoing document and is not complete because
as bills come in and people come in, this will change. At the end of this year, we will have our first actual
report and that will be a tremendous step forward in taking a look at what programs are costing us in
response to the Boards question last Spring when they wanted to know exactly how much we are spending
on each program. This will identify that as well as where we should be.
Administrator Russo reviewed the report with the Board explaining the set up. He added that we will be
discussing this more during the Budget hearings.
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December 28, 1993 n C 1()G 0
Trustee Daly stated that the Recreation Department did a good job.
Trustee Zuckerman stated that it should be the duty of the Recreation Commission to analyze each of these
programs and to recommend a subsidy level that they would like to maintain for each of these programs.
This should be a subject of a joint Board meeting with the Recreation Commission and this Board so that in
the future, during the budgetary process, the person preparing the budget will have an idea of the direction
that they are supposed to go in recommending these fees to maintain the level that is suggested by the
Recreation Commission and approved by the Board of Trustees. Trustee Zuckerman stated that in
reference to the list of operation accounts, most of which are zero, if it might be better to knock off some
of the zeros when we get into a final version of this or if the program should be directed to print only those
columns that actually have numbers in them.
Administrator Russo recommended leaving it the way it is since we do change, and use different Budget
Lines throughout the year, all the lines should remain in the program.
Trustee Pellino stated that there is one aspect that we could get into when we are in the fine tuning mode
which is that we could download a lot of this information to this spreadsheet from the system 36 or
potentially an AS/400 system or whatever we eventually use and eliminate all the typing of budget, revenue
and expense numbers.
Trustee Zuckerman stated that we also need to determine how much of this information should be prepared
by the Recreation Department and how much should be prepared by the Treasurer's Office.
Mayor Cresenzi stated that the Recreation Department did a great job with putting this together as this is a
good tool that we could use for program analysis during budget time.
i
PUBLIC HEARINGS
3. ARBORS HOMEOWNERS ASSOCIATION
SECTION 1. BLOCK 6R, LOT - MAINTENANCE AREA
Mayor Cresenzi announced that the public hearing would be adjourned by request of the applicant to
the January 25, 1994 meeting.
4. PROPOSED INTRODUCTORY LOCAL LAW #8-1993
ENTITLED: COMMERCIAL VEHICLES
Mayor Cresenzi opened the Public Hearing at 8:15 p.m.
Trustee Pellino stated that the purpose is to tighten vagaries in our Zoning Laws and Village Code and to
bring the code up to date in terms of a particular subject matter which in this instance is Commercial
Vehicles. Trustee Pellino reviewed the proposed law and explained various changes from the original
section in the Zoning Law. The Board had various questions and suggested changes as did the public. He
added that for those residents who are watching the meeting on Cable TV, if any residents would like to
comment on this law, they should do so in writing within the next ten days.
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005061
December 28, 1993
On Motion made by Trustee Daly, seconded by Trustee Pellino, the public hearing was adjourned to
January 25, 1994 at 8:45 p.m.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
5. PROPOSED INTRODUCTORY LOCAL LAW #9-1993
ENTITLED: A LOCAL LAW AMENDING SECTION 66-36
OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK
TO PROVIDE FOR THE PURCHASE OF DWELLING UNITS
IN CONNECTION WITH A SPECIAL EXCEPTION USE
PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT
Mayor Cresenzi opened the public hearing at 8:45 p.m. and explained that this was an amendment to the
Senior Citizen Housing Law which would allow sale as well as rental of certain units.
Thomas Gissen of Frederick P. Clark Associates explained that by allowing for the sale of various units, a
Homeowners Association would be created to manage and assure that the complex was operating in
compliance with the Federal Fair Housing Act and then a mechanism for insuring the short and long term
maintenance for the affordable units was also put into place. To allow sale as well as rental is really a
,policy decision for the Board of Trustees, however we have built in mechanisms to ensure that the same
,percentage of units that would have been required to be affordable under rental would be required where
the development can become a for sale proposal rather than a rental proposal. To ensure that the
affordable for sale units are still affordable, various mechanisms have been put into place to attempt to
ensure that on the short and long term those units remain affordable to the same target population, which is
the lower income population as defined specifically by the Federal Government. With the rental units, we
have used the one person low income household which is a middle ground of low income people and then
I( say that no more than 30% of that income level will be allowed to be the rent plus utilities so therefore, the
rent would be based on 30%-of that number coming out of the Federal Government updated, annually,
divided by 12 and that would be the maximum rent that could be charged for the affordable unit. On the
for sale units we used a multiplier of 2.5 x that low income single person household number as the
maximum initial sale price which worked out well so a person does not spend more than 30% of their
income on their shelter or the housing costs. The eligible population as we recommended in our
amendment would have a ceiling and a base. Previously, it only had a ceiling and it was based on the low
income one person family, which currently by HUD is $27,800 income. People with less than that are
eligible for the units. That was problematic because the ceiling should be raised a little and additionally we
recognized that probably a base should be established as well because if a person only has an income of
$10,000 they would be eligible and you would have people moving into the housing who could not afford it
and would be needing some other form of Government assisted housing and would either end up not being
able to pay the rent or mortgage costs. They may also be extending a larger percentage of their income
than is generally accepted as appropriate which would mean that they would not be able to afford, food,
jhealth costs and other things so we put a base in here based on the low income one person family which is
$22,900 and put a ceiling of the two person low income which is $31,750 currently. This insures that
people who were eligible for the units truly are deemed to be in need of such units and could afford them
which would broaden the pool for Rye Brook residents and people who work in the community.
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December 28, 1993
Trustee Zuckerman agreed and added that we should go as broadly as possible and get the largest pool of
people that we can.
IMr. Gissen stated that in reference to the sale of the unit, the two and a half time multiple on the low
income single family number would be used for the initial sale price. There is that methodology that is
determined for resale which would keep those units affordable for as long as possible and give people the
incentive to continue to maintain their property so there were dual sets of parameters to establish the asking
price used for resale.
Trustee Pellino stated that we are probably going to have a high turn over rate with the owned units
because it is a senior citizen venture. It seems that the owner is going to be tied to just what HUD would
allow and\or any fixed improvements that they may have put into the property.
Mr. Gissen stated that Trustee Pellino is essentially correct. Either you can get the HUD number and if
you didn't make many fixed improvements, you would be entitled to the new HUD figure which might be
your higher figure and you would be entitled to that figure only. The only time you would be entitled to
the fixed improvements is if you chose not to go with the HUD figure but rather if there was relatively low
income inflation and you held the unit for possibly longer so you had reasons to make certain fixed
improvements which you would need to document. You would then be able to get out of it, the equity that
you put into it, what you paid for it and reasonable transaction costs. In that case that figure would be
somewhat higher than the HUD figure. It is an either/or situation where you are entitled to the higher of
j the two, but not a combination of the two and this only applies to the affordable units.
1 Trustee Zuckerman questioned who would approve the bylaws of the Homeowners Association and
suggested that the Village Attorney and Village Board along with input from Mr. Gissen review the bylaws
prior to approval.
I
Mr. Gissen explained that approval of the bylaws was something that could be decided by the Board of
Trustees.
Trustee Zuckerman questioned if we should make any provisions for companions of people who are
deceased in reference to estates.
Mr. Gissen stated that if it is not a spouse, rather a companion who does not have any ownership in it, the
companion would have to get on the eligibility list like anybody else.
Trustee Zuckerman stated that this should not be the policy of the Village where people are living together
for 15 years, to tell that person that they have to move.
Attorney Powell stated that if it is owned by one person, the property will then go into the estate and the
executor of the will can tell that person to leave.
Mr. Heller stated that the companion laws state that they have the right to continue to stay in the home.
Attorney Powell stated that Companion Laws don't have anything to do with this. This is strictly a policy
matter for the Board to deal with.
Trustee Zuckerman stated that the companion would become a resident of the Village of Rye Brook and we
could say that if they are living there for a year they could be put at the top of the list.
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December 28, 1993
Mayor Cresenzi agreed as did the rest of the Board to incorporate the various changes that were discussed
this evening into the law.
On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the public hearing was closed at
9:30 p.m. and will be on for approval at the January 25, 1994 meeting.
TRUSTEE DALY VOTING AYE
TRUSTEE, PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
RESOLUTIONS
6. REFERRAL TO THE PLANNING BOARD
MERRITT & HOLBY, INC./200 SOUTH RIDGE STREET
SITE PLAN APPLICATION
On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby
adopted:
RESOLUTION
REFERRAL TO THE PLANNING BOARD
MERRITT & HOLBY, INC.
200 SOUTH RIDGE STREET
SECTION I, BLOCK 23, LOTS IA-211 3 & 4
SITE PLAN AMENDMENT
WHEREAS, the Village of Rye Brook Board of Trustees has received an application from Merritt &
Holby, Inc. 200 South Ridge Street, Rye Brook, NY for a site plan amendment at their property known as
200 South Ridge Street, Rye Brook, NY and known on the Official Tax Maps of the Village of Rye Brook
as Section 1, Block 23, Lots lA-2B, 3 & 4;
NOW, THEREFORE, BE IT
i
RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers this application to the
Planning Board on the 28th day of December, 1993 for its review and recommendation; and be it
FURTHER RESOLVED, that the applicant be required to contribute the sum of $500.00 to the
Environmental Impact Account for planning and other consultant reviews, and should additional funds be
required the applicant shall contribute further to the Environmental Impact Account.
James Staudt of the law firm, McCullough, Goldberger and Staudt stated that he was present on behalf of
the applicant to answer any questions that may arise. He added that the applicant would like to use the
vacant space for a Doctor's Office.
Trustee Pellino stated that there was an error on the site plan regarding the date of original site plan
approval and Mr. Staudt should notify the Planning Board that the correct date is June 23, 1992.
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005064
December 28, 1993
Mr. Staudt replied that he would take care of it.
Trustee Zuckerman stated that the Board anticipates a great amount of traffic to be generated by some of
the stores at the new shopping center and we were hoping that we would not need to pass upon these plans
until we saw what kind of traffic developed so that we would have a better sense of what could possibly go
into that center that would not further impact the traffic situation.
Mr. Staudt stated that when we get to the substance of the application, we applied for a site plan for a
Doctors office, since your site plan resolution effect for the whole building now says that any use must be
approved by the Board of Trustees by separate site plan approval, we would have to come back for that.
When this use is approved, we can clarify that. If we move quickly, we could get Dr. Copeland as one of
our tenants, which would be a great opportunity for the entire community as he would be a stable tenant.
If we don't move forward with this tonight, we may lose Dr. Copeland as a tenant.
Trustee Daly questioned if we send this site plan to the Planning Board, if it would only be for the sole
purpose of the Doctor's Office and not Gymboree as well.
Mr. Staudt stated that it would only be for the Doctor's Office.
Trustee Daly stated that she was angry because she has knowledge that the applicant already had a deal
with Gymboree prior to the Board giving its approval to use this space as something other than storage so
the applicants assume that they can do whatever they like and get away with it. It is not this Board's
pgroblem that the Doctor is waiting, we are concerned with the residents and these things take time and must
o through the proper channels.
Mr. Staudt stated that first, both Gymboree and Dr. Copeland are well aware that arrangements with them
are subject to approval by the Board of Trustees. He added that satisfying neighbors is not the only task
here because this is a nation of laws and not neighbors and there are property rights involved here.
Trustee Solomon stated that sometimes Mr. Staudt does not provide us with all of the information that we
need to make a decision. Dr. Copeland's office in Port Chester houses as many as five Doctors with a
staff of four or five assistants. This Doctors office can take up to as many as twenty parking spaces when
you include patients.
Mayor Cresenzi stated that the Zoning Code would deal with all of that.
Mr. Staudt stated that there was never any attention to withhold information from the Board. A person
does not rent 3,500 square feet for one person so naturally there will be more than one Doctor. More
information will follow especially when there are findings from the Planning Board.
i
Mayor Cresenzi stated that we would really like to hold this referral over because of Traffic issues,
however if we do not refer it to the Planning Board, there would obviously be a litigation and that would
really take much of the controls out of the Village's hand and put them in the hands in the Judge to decide
the case, which would be wrong.
Mr. Staudt stated that we have been working with the neighbors and will continue to work with them. We
hope that by the time we return to the Village Board we will be able to satisfy all or at least some of their
concerns.
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00506
December 28, 1993
TRUSTEE DALY VOTING AYE
,TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
7. APPROVING WALL SIGN
MOBIL OIL CORPORATION/MOBIL STATION
SOUTH RIDGE STREET/BOWMAN AVENUE
On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby
adopted:
RESOLUTION
APPROVING WALL SIGN
MOBIL OIL CORPORATION/MOBIL STATION
SOUTH RIDGE STREET/BOWMAN AVENUE
WHEREAS, Mobil Oil Corporation made an application for a site plan approval for a wall sign for the
Mobil Station at South Ridge Street and Bowman Avenue, such sign to read "Diagnostic and Tune-Up
Specialists"; and
WHEREAS, on August 12, 1993 the Planning Board recommended approval of the application; and
WHEREAS, on November 23, 1993 a public hearing was held by the Board of Trustees on the application.
NOW, THEREFORE, BE IT
' RESOLVED, that the action is found to be a Type II action under the State Environmental Quality Review
Act; and it is
FURTHER RESOLVED, that the site plan amendment is approved and the Mayor is authorized to sign
the site plan amendment and a building/sign permit may be issued subject to the following condition (s):
CONDITION(S)
1. The Sign shall conform to the Sign Law (Section 66-35 of the Zoning Law) in all respects including
the dimensional requirement that it not exceed 30 square feet.
2. Prior to the signing of the site plan and the issuance of the permit, a revised detailed site plan shall
be submitted, satisfactory to the Planning Consultant and the Director of Public Works, identifying
the size and location of the sign consistent with this Resolution.
3. Prior to the signing of the site plan and issuance of the permit, the applicant shall obtain the
approval of the Board of Architectural Review of the Village.
4. Prior to the signing of the site plan and issuance of the permit the applicant shall obtain all the other
necessary approvals from any other governmental agency having jurisdiction and submit proof of
same to the Director of the Public Works; and it is
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December 28, 1993
FURTHER RESOLVED, that except as amended herein the site plan for the Mobil Oil Station at South
Ridge Street and Bowman Avenue as presently in effect shall remain in full force and effect.
Irustee Pellino questioned if the Mobil representative had a problem with the 30 square feet.
Mr. Circosta stated that Mobil would be in compliance with the 30 square feet.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
8. SETTING PUBLIC HEARING DATE
WESTCHESTER COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATION
A. PARKING LOT - GARIBALDI PLACE
B. PLAYGROUND IMPROVEMENT - GARIBALDI PARK
On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby
adopted:
RESOLUTION
SETTING PUBLIC HEARING DATE
WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM APPLICATION FOR FUNDING
A. PARKING-GARIBALDI PLACE
B. PLAYGROUND IMPROVEMENTS-GARIBALDI PARK
RESOLVED, that the Board of Trustees of the Village of Rye Brook will hold a Public Hearing on
Tuesday, January 11, 1994 at 7:30 p.m. at Village Hall located at 90 South Ridge Street, Rye Brook, NY
to consider submitting an application for funding to the Westchester County Community Development
Block Grant Program for funding assistance for the construction of a parking lot at Garibaldi Place and
Playground Improvements to Garibaldi Park.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
9. ADOPTING LOCAL EMERGENCY PREPAREDNESS PLAN
On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby
adopted:
RESOLUTION
ADOPTING COMMUNITY DISASTER
PREPAREDNESSPLAN
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December 28, 1993
WHEREAS, the Village of Rye Brook has been developing a Disaster Preparedness Plan utilizing the
,Federal Emergency Management Agency model plan (FEMA); and
jWHEREAS, the State of New York has required that a Plan be adopted and filed with the New York State
Emergency Management office by the end of 1993. in order to qualify for financial assistance in the event
of a disaster;
NOW, THEREFORE, BE IT
RESOLVED, that the Board of Trustees hereby adopts the Rye Brook Community Disaster Preparedness
Plan.
Mayor Cresenzi stated that we have been working on this document for about a year and a half and when
we had the blizzard in March, sections of this plan were actually utilized. This is an ongoing document
which needs updating on a yearly basis. If we adopt this tonight, I would recommend that the completion,
training and ongoing updating be the responsibility of the Chief of Police to maintain and administer.
The reason we must adopt this tonight is because the State decided that in order for us to qualify for any
future monies or grants from the State regarding disasters, there must be an emergency plan on file with
the Village, the State and in the County Office of Disaster Emergency Services (ODES). They never
notified the jurisdictions of this requirement, however NYCOM discovered this and notified the Village of
this requirement along with a basic plan that the State would accept.
Trustee Solomon thanked the Mayor and the staff for the many hours that they did on this. They did a
tremendous job on something that the Village really needed.
Administrator Russo stated that when he brought the draft plan over to the ODES office, they were
impressed that we were working under the FEMA plan and they said that ours was the most comprehensive
plan that they received out of forty communities.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
10. APPROVING DONATIONS TO ANTHONY J. POSILLIPO
COMMUNITY CENTER RECONSTRUCTION FUND
On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby
adopted:
RESOLUTION
APPROVING DONATIONS TO ANTHONY J. POSILLIPO
COMMUNITY CENTER RECONSTRUCTION FUND
11
December 28, 1993 05068
RESOLVED, that the following donations are hereby accepted:
1
;Sidney Fiedler $5.00
149 Brush Hollow
Mrs. Maria Silvestri $5.00
94 Avon Circle Apt 2D
Spatz $5.00
408 North Ridge Street
Arthur & Violet Hill $10.00
83 B Avon Circle
Jerry & Allison Morano $10.00
44 Valley Terrace
Mr. James A. Greenwood $10.00
67 Winding Wood Road
Judith Cohen $10.00
37 Mohegan Lane
Catherine Desio $10.00
3 Whittemore Place
Mr. & Mrs. Harding L. Wing $10.00
180 Country Ridge Drive
Mrs. Harmon Perry $10.00
45 Lincoln Avenue
Helen Santacroce $10.00
247 Betsy Brown Road
Ilene & Mark Lowenthial $10.00
30 Rock Ridge Drive
Mr. Jay Cohen $10.00
C136 Doral Greens Drive West
Barbara Melcer $15.00
9 Rockinghorse Trail
Joseph & Elaine Mancuso $15.00
50 Hawthorne Ave
Linda Corrao $15.00
50 Meadowlark Road
12
005069
December 28, 1993
Anne M. DeMelio $15.00
99 Avon Circle
Gloria M. Bissonette $15.00
'10 Lincoln Avenue
Francesco Gullusci $15.00
6 Bell Place
Belle Bennett $15.00
109 Doral Greens Dr. W
Mr. & Mrs. Zachary Rutkin $15.00
90 C Avon Circle
Ferdinando Divito $15.00
496 West William St.
Mr. & Mrs. Vincent Ciancio $15.00
290 North Ridge St.
Joseph Armiento $15.00
67 Avon Circle
Margaret & Ray Kallio $15.00
26 Valley Terrace
ECatherine Gervino $15.00
23 Maywood Avenue
Anthony Zanfardino Jr. $15.00
16 North Ridge Street
Tony Bologna $15.00
3 West Street
Howard Friedman $15.00
11 Doral Greens Drive West
Marie Pennucci $15.00
480 Halstead Avenue
Harrison, NY 10528
Barbara M. Pam $15.00
86 Greenway Close
Richard Sonkin $15.00
28 Country Ridge Circle
13
December 28, 1993 005070
Kulwant & Kirat Sethi $15.00
7 Terrace Court
Charles A. Otto $15.00
50 Bonwit Road
Helen & Jonathan Rod $15.00
161 Country Ridge Drive
Virginia Cisek $15.00
6 Avon Circle Apt. D
William H. Webber $15.00
88 Country Ridge Drive
Mr. & Mrs. Howard Gans $15.00
2 Berkley Drive
Mr. & Mrs. Harvey Schiller $15.00
26 Meadowlark Road
Ms. Pearl Friedman $15.00
4 Old Oak Road
Barbara Keeshan $15.00
15 Maple Court
Mrs. Jean Tormey $15.00
34 Rock Ridge Drive
Olive B. Wallace $15.00
10 Osborne Place
Emilia Brajuka $15.00
63 Avon Circle
Donald & Shirley Gerstenzang $15.00
21 Elm Hill Drive
Edward Roques $15.00
14 Beechwood Blvd.
Gregory Rozenfeld $15.00
78 Greenway Close
h
14
December 28, 1993 005071
Chester Kessler $15.00
63 Talcott Road
1
Diane & Peter Phillips $15.00
27 Old Orchard Road
Mrs. J.F. Mama $15.00
51 Avon Circle
Louis Filippo $15.00
52 Avon Circle
Mr. & Mrs. Philip Pietro $15.00
37 Westview Avenue
Amelio I. Coletti $15.00
11 Ridge Boulevard
Mr. & Mrs. Amerigo Liberati $15.00
27 Hillcrest Avenue
Anthony Bologna $15.00
3 West Street
Salvatore M. Pelliccia $15.00
500 West William Street
George Hernandez $15.00
4 Hawthorne Avenue
Linda R. Silberstein, M.D. $15.00
80 North Ridge Street
Norma P. Miller $15.00
12 Old Oak Road
Judy & Gus Uhry $15.00
19 Rock Ridge Drive
Mr. & Mrs. George Basalone $15.00
25 Highview Avenue
Seymour & Dorothy Roy $15.00
36 Bonwit Road
i
15
December 28, 1993 00502
Marie Martinelli $15.00
2 Avon Circle
1
F,instman $20.00
105 Old Orchard Road
A.J.A. Publishing Corp $20.00
566 Westchester Avenue
Anthony Plescia $25.00
379 North Ridge Street
Rita Heller $25.00
6 Berkley Drive
Angelina Summa $25.00
230 South Ridge Street
Anthony Della Penna $25.00
2 Brookridge Court
Margaret Myers $25.00
1 Paddock Road
Barry & Debbie Konner $25.00
1 Country Ridge Close
J.P. Barrett $25.00
50 Brookridge Court
Arnold J. Paladino $25.00
491 Franklin Street
Stanley J. Altman $25.00
387 North Ridge Street
Harvey Skolnick $25.00
36 Country Ridge Circle
Rocco Cicchielo Jr. $25.00
486 Franklin Street
Q. Ernesto Antonelli $25.00
25 Monroe Place
16
December 28, 1993 005073
Peter Rabar $25.00
8 Latonia Road
1
Gloria Mangiamele $25.00
99 Avon Circle
Mr. & Mr. Sal Recce $25.00
19 Monroe Place
Gaby Nitkin $25.00
21 Doral Greens Drive West
Ruth Kosiar $25.00
63 Avon Circle
Mr. & Mrs. Paul Cameron $25.00
14 Sunset Road
Anna Heil $25.00
21 Whittemore Place
Jane Romm $25.00
89 Country Ridge Drive
Kathryn Rudzinski $25.00
52 Tamarack Road
Joanne Goldstein $25.00
149 Country Ridge Drive
The Sabourin Family $25.00
6 Lincoln Avenue
Georgina & Thomas Conlon $25.00
67 C Avon Circle
Rodney A. Ljostad $25.00
12 Brook Lane
Robert Sabia $25.00
395 North Ridge Street
Anthony Tempesta $25.00
172 Ivy Hill Lane
i
I
17
December 28, 1993 00 074
Everett I. Willis $25.00
59 Hillandale Road
Anthony B. Gioffre $25.00
20 Magnolia Drive
Dr. & Mrs. Leonard Hallinger $25.00
15 Talcott Road
Mr. & Mrs. R. Meltzer $25.00
10 Pine Ridge Road
Moe & Esther Kopp $25.00
26614 South Lakewood Drive
Sun Lakes, AZ 85248
Peter & Lucille Hanfmarm $25.00
250 Betsy Brown Road
Mr. & Mrs. Stanley Aberman $25.00
3 Jacqueline Lane
Dr. & Joseph Silberstein $25.00
3 Sleepy Hollow Road
Mr. & Mrs. Frank Capeci $25.00
7 Old Oak Road
Mr. & Mrs. Dino Lombardi $25.00
84 Greenway Close
Isaac Katz $25.00
Hillandale Road
Mr. & Mrs. V. Edward Salamon $25.00
3 Fairlawn Parkway
Dr. & Mrs. Joseph P. Radogna $25.00
31 Mohegan Lane
David & Theresa Erlitz $25.00
70 Woodland Avenue
Dan Aillonit- Charas $25.00
Woodland Drive
18
December 28, 1993 005075
Adolf & Theresa Borrelli $25.00
124 Brush Hollow Crescent
1Frank & Rose Belluscio $25.00
it Highview Avenue
Jane Horwitz $25.00
15 Sleepy Hollow Road
Rosalie & Donald Edwards $25.00
9 Mohegan Lane
Ben Fritz $25.00
9A Avon Circle
Bruno & Joann Ponterio $25.00
7 Concord Place
Dr. & Mrs. Sanford B. Stone $25.00
18 Talcott Road
Mr. & Mrs. Martin Enowitz $25.00
17 Candy Lane
Joel & Lori Hecker $25.00
80 Country Ridge Drive
Yoichi Sato $25.00
145 North Ridge Street
Arthur R. and Dorothy Colosanto $25.00
21 Valley Terrace
Anne Morabito $25.00
102 Brush Hollow Close
Al & Irene DeCesare $50.00
219 North Ridge Street
Dr. & Mrs. Norman Berkowitz $50.00
19 Berkley Lane
Dr. & Mrs. Seymour Rosenblatt $50.00
128 Doral Greens Dr. West
l
19
December 28, 1993
CD()i076
Juergen & Susanne Sendelbach $50.00
7 Talcott Road
mom & Silvia Rogers $50.00
41 Meadowlark Road
Mr. & Mrs. Yoshizaki $50.00
18 Elm Hill Drive
Edgar Schauber $50.00
15 Pine Ridge Road
Marie & Louis Blaiotta $50.00
177 Country Ridge Drive
Paul & Judy Konigsberg $50.00
66 Talcott Road
Angelina Russillo $50.00
11 Knollwood Road
Richard J. Battista $50.00
3 Wyman Street North
Peter & Nina Rumack $50.00
5 Horseshoe Lane
Caryn Furst Bromberg $50.00
David Bromberg
4 Hillandale Road
Knights of Columbus $75.00
227 Westchester Ave P.C.
Mr. & Mrs Sherlock $100.00
54 Rock Ridge Drive
Mr. & Mrs. Peter Fotia $100.00
12 Lyon Street
Dr. & Mrs. Matthew Kim $100.00
f 15 Eagles Bluff
j Aramita & John Vaccaro $100.00
17 Wilton Road
I
20
December 28, 1993 005077
Mr. & Mrs. Marc Safir $100.00
4 Old Orchard Road
�orrelli Agency-Suburban $100.00
1195 Yonkers Avenue
Yonkers, NY 10704
Ridge Street County School $100.00
North Ridge Street
Mr. & Mrs. Steven Steinberg $100.00
1000 King Street
Shoichi & Masako Nakamura $100.00
3 Holly Lane
Jane DiLeo $100.00
20 Wyman Street
Samuel J. Silberman $100.00
7 Doral Greens Drive
Rudolph & Catherine Loffredo $100.00
5 Westerleigh Court
,Purchase, NY 10577
Shinya Mitsuhashi $100.00
81 Greenway Close
Rye Brook Senior Center $102.00
(In Memory of Mary Gasperino)
Joy Kundmueller $250.00 (3rd of 4 payments)
25 Avon Circle
Mr. & Mrs. Jeffrey G. Schlien $500.00
23 Sleepy Hollow Road
Catherine Nuttila $500.00
f75 Avon Circle
Connie Pennucci $1,000.00
525 Ellendale Avenue
Total......................................$6632.00
21
December 28, 1993 0 U 5)9 7
Mayor Cresenzi stated that this is a result of a fundraiser in the form of a mailing sent out to the Rye
Brook Community.
ILori Ann DeMarco, Ass't to Village Administrator informed the Board that the total amount in the Anthony
1. Posillipo Community Reconstruction Fund is $20,042.70.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
11. REFERRAL TO PLANNING BOARD PROPOSED AMENDMENT
TO R-7 REAR YARD SETBACK
On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby
adopted:
RESOLUTION
REFERRING PROPOSAL TO CHANGE THE R-7
DISTRICT REAR YARD SETBACK FROM 20-30 FEET
RESOLVED, that the proposal of the Director of Public Works to change the R-7 Zoning district rear yard
setback from 20 to 30 feet is referred to the Planning Board for a report and recommendation.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
12. APPROVING RETAINER AGREEMENT
OXMAN, GEIGER, NATALE AND TULIS
FOR TAX CERTIORARI CASES
On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby
adopted:
RESOLUTION
RETAINING OXMAN, GEIGER, NATALE AND TULIS
FOR TAX CERTIORARI CASES
RESOLVED, that the Village of Rye Brook is authorized to retain Oxman, Geiger, Natale and Tulis to
represent the Village of Rye Brook for the period of December 1, 1993 to May 31, 1994 in tax certiorari
cases for an hourly rate of $150.00 per hour for the services of Mr. Tulis and $75.00 per hour for
paralegal services; and be it
22
December 28, 199 MCI 5 9 r
FURTHER RESOLVED, that if the Blind Brook School. District shall agree to share Certiorari Counsel
costs, then the billings will be divided between the Village of Rye Brook and the Blind Brook School
'District on a shared basis to be agreed upon between the parties; and be it
FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to execute 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
13. APPROVING SPECIAL COUNSEL AGREEMENT
KEANE AND BEANE, P.C. FOR CERTAIN LITIGATION
On,Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby
adopted:
RESOLUTION
RETAINING KEANE AND BEANE P.C. AS SPECIAL
COUNSEL FOR CERTAIN LITIGATION
RESOLVED, that the Village of Rye Brook is authorized to retain Keane and Beane, P.C. for the High
Point Hospital and Howard Lowenthiel through May 31, 1994 at the rate of $140.00 per hour per attorney
plus out of pocket disbursements; and it is
FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to execute all
documents necessary or appropriate to accomplish the purposes of this Resolution.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
14. APPROVING AGREEMENT WITH SOUTH EAST CONSORTIUM
FOR SPECIAL SERVICES FOR RECREATION SERVICES
FOR DISABLED INDIVIDUALS
On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby
adopted:
RESOLUTION
AUTHORIZING AGREEMENT WITH SOUTH EAST CONSORTIUM
FOR A SPECIAL RECREATION SERVICE FOR DISABLED PERSONS
23
December 28, 1993 00-9- 080
80
RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with South East
Consortium for Special Services, Inc (to also include Eastchester, Harrison, Mamaroneck, Pelham,
'Scarsdale, Rye, Port Chester and Mamaroneck) for the 1994 calendar year under which South East
Consortium would provide special recreation services for disabled persons for which the Village of Rye
Brook would pay the sum of$ 3,513.00; and it is
FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to execute and deliver
all documents necessary or appropriate to accomplish the purposes of this Resolution.
Trustee Zuckerman questioned who approves the budget for the Southeast Consortium.
Administrator Russo explained that they have a Board of Directors in which our Superintendent of
Recreation and Parks is a member.
Trustee Zuckerman questioned how many Rye Brook residents are aided by the Southeast Consortium.
Administrator Russo stated that it fluctuates, but currently, this program services about 20 Rye Brook
residents.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
15. AMENDING EMPLOYEES BENEFITS & POLICIES MANUAL
Administrator Russo read the resolution amending various sections which he explained. After much
discussion by the Board, it was found that various sections were unclear and the Board decided to table this
resolution until the next meeting.
16. AUTHORIZING AGREEMENT WITH FIRST
ENVIRONMENT FOR REVIEW OF EPA REMOVAL
ACTION AT PORT REFINERY FACILITY
On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby
adopted:
RESOLUTION
AUTHORIZING AGREEMENT WITH FIRST ENVIRONMENT
TO REVIEW THE EPA REMOVAL ACTION
AT THE PORT REFINERY FACILITY
24
December 28, 1993 005081
RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with First
Environment, 90 Riverdale Road, Riverdale, N.J. for a review of the EPA Removal Action at the Port
2efinery Facility for a sum not to exceed $4,500.00; and it is
FURTHER RESOLVED, that the Mayor or Village Administrator are authorized to execute and deliver all
documents necessary or appropriate to accomplish the purposes of this resolution.
Trustee Pellino questioned if it was correct that according to the schedule of fees, we are saying that this
work will be completed in 35 hours.
Administrator Russo replied that Trustee Pellino was correct and the 35 hours was very reasonable.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
17. REFERRAL TO THE PLANNING BOARD
K & M REALTY GROUP, LTD.
REZONING APPLICATION
On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby
adopted:
REFERRAL TO THE PLANNING BOARD
K & M REALTY GROUP, LTD.
REZONING FROM R-10 TO C-1
SECTION 19 BLOCK 22, LOT 2B
RESOLVED, that the re-zoning application from K & M Realty Group, Ltd. dated December 8, 1993 and
accompanying preliminary sketch plan is referred to the Planning Board for a report and recommendation;
and it is
FURTHER RESOLVED, that the applicant shall as soon as practicable prepare and submit to the Village a
long form EAF for purposes of SEQR review, and it is
FURTHER RESOLVED, that the applicant shall pay the sum of $500.00 to the Village for deposit in the
Environmental Impact Account for consultant and environmental review fees and the applicant shall on
request deposit additional amounts as may be necessary for this purpose.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
25
December 28, 1994 r
nn tin ci'?_
18. REFERRAL TO THE PLANNING BOARD
EDITH NISSON/7 BEECHWOOD BLVD.
SECTION 1, BLOCK 109 LOT 4
SUBDIVISION APPLICATION
Administrator Russo explained that there were some environmental issues which Mr. Gissen needed'to
review so he recommended tabling this resolution until the January agenda meeting.
Trustee Zuckerman stated that he is familiar with this area and the dimensions don't seem entirely accurate.
He added that he would like to make sure that the drawings are in conformance with the measurements
when they review this application with the Planning Consultant.
Mr. Circosta stated that we can only verify the dimensions through tax maps.
19. AUTHORIZING THE ISSUANCE OF $2539224 SERIAL BONDS OF THE
VILLAGE OF RYE BROOK TO FINANCE DRAINAGE IMPROVEMENTS AT
RYE HILLS PURSUANT TO THE LOCAL FINANCE LAW OF NY.
On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby
adopted:
RESOLUTION
AUTHORIZING THE ISSUANCE OF $253,224 SERIAL
BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE
THE CONSTRUCTION OR RECONSTRUCTION OF DRAINAGE
IMPROVEMENTS AT RYE HILLS PURSUANT TO THE LOCAL
FINANCE LAW OF NEW YORK
RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows:
Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of
$253,224 pursuant to the Local Finance Law of New York in order to finance the specific object or
purpose hereinafter described.
Section 2. The specific object or purpose (hereinafter referred to as "purpose") to be financed by the
issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or
completed during or after the year 1993: the construction or reconstruction of drainage improvements at
Rye Hills in the Village of Rye Brook.
Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of
such purpose is $253,224 and that it plans to finance such cost by the issuance of Serial Bonds in such
amount as authorized by this resolution, and except as hereinbefore stated, no monies have been authorized
to be applied for the financing of such purpose.
26
December 28, 1993 00508a
Section 4. The Board of Trustees hereby determines:
a. That the purpose for which said bonds are to be issued is set forth in subdivision 4 of
paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable
usefulness of said purpose is thirty (30) years;
b. Notwithstanding the period of probable usefulness of said purpose, the proposed maturity
of the Serial Bonds hereby authorized shall not be in excess of five (5) years; and
c. No part of the cost of the purpose authorized by this resolution has been or shall be
specifically assessed on property specifically benefitted thereby.
Section 5. Subject to the terms and contents of this resolution and the Local Finance law and pursuant
to the provisions of Section 30.00, 50.00 and 56.00 to 60.00 inclusive, of said law, the power to authorize
bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the
renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes
issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief
Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial bonds issued
pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said
Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial
Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village
Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond
anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official
of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the
Village Treasurer.
Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in
full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said
Local Finance Law and such publication shall be in the Westmore News, a newspaper having a general
circulation in said Village, and published in the County of Westchester and State of New York. The
validity of said Serial Bonds may be contested only if such obligations are authorized for an object or
purpose for which said Village is not authorized to expend money, or the provisions of law which should
be complied with at the date of publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of
such publication, or if said obligations are authorized in violation of the provisions of the constitution of the
State of New York.
Section 7. This resolution shall take effect immediately.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
27
December 28, 1993 005084
20. SETTING PUBLIC HEARING DATE
INTRODUCTORY LOCAL LAW #1-1994 TO REPEAL
l VILLAGE LICENSING OF WASTE COLLECTORS
Dn Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby
adopted:
RESOLUTION
SETTING PUBLIC HEARING DATE
ON A PROPOSED LOCAL LAW TO REPEAL
VILLAGE LICENSING OF WASTE COLLECTORS
RESOLVED, that a Public Hearing shall be held on Tuesday, January 11, 1994 by the Village Board of
Trustees at 7:30 p.m. at the Village Offices located at 90 South Ridge Street, Rye Brook, NY to consider
adopting proposed introductory Local Law #1 - 1994 entitled: A Local Law repealing Article 1 of Chapter
135 of the Code of the Village of Rye Brook in relation to Village licensing of waste collectors.
Administrator Russo explained that this was because the County of Westchester is now doing this and we
must do the same.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
21. CHECK REGISTER
On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby
adopted:
RESOLUTION
CHECK REGISTER
WHEREAS, the following checks, representing payment for services rendered, have been submitted to the
Treasurer's Office for payment and have been certified to by the Village Administrator;
On-Line Checks: 8053-8129
Medicare: 8131-8152
Payroll Checks: 11816-11840
Manual Checks: 7895, 7898, 7900 & 8051
Environmental: 401 & 402
Recreational Trust: NONE
Capital: 2103-2105, 2107, 2108
Birthday Run: NONE
28
December 28, 1993 00508
NOW, THEREFORE, BE IT
;RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorized
')ayment thereof.
Trustee Zuckerman stated that there was a consulting fee for the inspection of the West William Street
Garage. He questioned what the status was of that inspection.
Administrator Russo stated that we will probably be able to distribute a report on that by Thursday. We
only authorized the payment because it is really complete but needs to be cleaned up, reprinted and
distributed.
Trustee Zuckerman stated that we should hold the check until we receive the report as we have been
hearing about this report for three months now.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
22. EXTENDING AGREEMENT WITH
ALBERT C. MOORE ARCHITECT FOR
ADDITIONAL PROFESSIONAL SERVICES
RELATED TO THE CONSTRUCTION PHASE OF
THE ANTHONY J. POSILLIPO COMMUNITY CENTER
On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby
adopted:
RESOLUTION
EXTENDING AGREEMENT WITH ALBERT C. MOORE ARCHITECT
FOR ADDITIONAL PROFESSIONAL SERVICES
RELATED TO THE CONSTRUCTION PHASE OF
THE ANTHONY J. POSILLIPO COMMUNITY CENTER
RESOLVED, that the Village of Rye Brook is authorized to extend and an agreement for Construction
Phase Architectural services for the Anthony J. Posillipo Community Center with Albert C. Moore
Architect for a monthly payment of $2,400.00 plus reimbursable expenses, said agreement is not to extend
beyond March 31, 1994; and be it
FURTHER RESOLVED, that the Mayor and Village Administrator are hereby authorized to execute all
necessary documents.
29
i
December 28, 1993 0 0 5 0 8
Trustee Pellino stated that when we entered into the agreement with Mr. Moore, we stated that if we
needed him beyond the 31st of December, we would continue on a month to month basis, but now we are
approving a three month extension. That is not really a problem, however, he questioned if the project is
going to run full time for the next three months.
Administrator Russo explained that the project would run for at least three more months and the last month
is very critical with much detail work.
Mayor Cresenzi stated that it is very necessary that we have Mr. Moore at this point in the project as the
building has a lot of interior detail and that is where he is really needed.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
Mayor Cresenzi announced that the American Red Cross Turkey Trot raised $4,000.00 and was a great
success.
NEXT MEETING DATES
TUESDAY, JANUARY 11, 1994 - 7:30 P.M. AGENDA MEETING
TUESDAY, JANUARY 25, 1994 - 7:30 P.M. REGULAR MEETING
Trustee Pellino questioned if there is any new information on the Volunteer Ambulance Corp.
Administrator Russo stated that a meeting will be taking place on January 6, 1994 with Abbey Richmond
and then we will have more information for the January agenda meeting.
Trustee Zuckerman questioned if our Fire Service Committees have had any more discussions.
Mayor Cresenzi stated that we sent Mayor Branca a letter six weeks ago and had expressed to Mike
Graesste that we were awaiting a response. He added that he spoke with Mayor Branca and Trustee
Comstock at the Turkey Trot and they stated that we should be hearing from them very soon.
Trustee Solomon added that he ran into Trustee Colangelo yesterday who stated that they were moving
toward addressing the Fire Contract.
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December 28, 1993 W15087
Trustee Zuckerman stated that all committees should adopt a policy that the beginning of January we set a
schedule and have a workshop and have each committee report to the Board formally and on Cable
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elevision regarding what it has been working on, what issues they are dealing with, what progress they
y, ave made and what their plans for the future are. This may not apply to certain commissions such as the
(Traffic Commission, etc... This would, however apply to Boards such as the Planning Board, Zoning
Board and Recreation Commission. It would be very important for certain committees to come to our
board and give a report so that residents who are unable to attend those meetings can see what they have
been doing.
Mayor Cresenzi agreed with Trustee Zuckerman that these reports would be very beneficial.
Trustee Solomon questioned where we were with the Pace Study.
Administrator Russo stated that this study is being held up due to people not responding to the shared
services section, so I told them two weeks ago, which was approximately three months beyond the deadline
that we wanted it, to cut that section out as the other information has been completed for months, so we
should be getting the report soon into the new year.
Mayor Cresenzi directed Administrator Russo to contact them for a date for this joint meeting in January
and send the Board a memo as to when that meeting will be.
ADJOURNMENT
The Meeting was adjourned at 1.1:35 p.m.
Respectfully submitted,
Eliza eth Bottali
Secretary to Village Board
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