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HomeMy WebLinkAbout1994-01-11 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING JANUARY 11, 1994 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1. WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION A. PARKING LOT - GARIBALDI PLACE B. PLAYGROUND IMPROVEMENT - GARIBALDI PARK 2. INTRODUCTORY LOCAL LAW #1-1994 TO REPEAL VILLAGE LICENSING OF WASTE COLLECTORS RESOLUTIONS 3. AMENDING EMPLOYEES BENEFITS & POLICIES MANUAL 4. REFERRAL TO THE PLANNING BOARD EDITH NISSON/7 BEECHWOOD BLVD. SUCTION 19 BLOCK 10, LOT 4 SUBDIVISION APPLICATION 5. DESIGNATING POLLING PLACES FOR VILLAGE ELECTION - MARCH 15, 1994 6. R&APPOINTING AUXILIARY POLICE OFFICERS 7. APPROVING DONATIONS TO ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 8. APPROVING PAYMENT FOR H.V.A.C. CONTRACT #9305 ANTHONY J. POSILLIPO COMMUNITY CENTER 9. APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER 10. ADOPTING PROPOSED INTRODUCTORY LOCAL LAW #9-1993 ENTITLED: A LOCAL LAW AMENDING SECTION 66-36 OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR THE PURCHASE OF DWELLING UNITS IN CONNECTION WITH A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT 11. CHECK REGISTER 12. CALLING FOR AN EXECUTIVE SESSION f RE: PERSONNEL MATTERS ITEMS FOR TUESDAY, JANUARY 25, 1994 - 7.30 P.M. PUBLIC HEARING 1. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA 2. PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: COMMERCIAL VEHICLES RESOLUTIONS 3. ENDORSING WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FY 1994-1996 A. PARKING - GARIBALDI PLACE B. PLAYGROUND IMPROVEMENTS-GARIBALDI PARK 4. AUTHORIZING CODIFICATION OF THE VILLAGE OF RYE BROOK ZONING CODE 5. APPROVING AGREEMENT FOR COMPUTERIZED VILLAGE CODE WITH GENERAL CODE PUBLISHERS APPROVAL OF MINUTES 6. SEPTEMBER 289 1993 7. OCTOBER 129 1993 8. OCTOBER 28, 1993 9. NOVEMBER 199 1993 10. DECEMBER 7, 1993 01.` 508 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JANUARY 11, 1994 CONVENE MEETING The Meeting was called to order at 7:50 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Joseph Cortese, Village Treasurer Thomas Hroncich, Superintendent of Recreation & Parks Elizabeth Bottali, Secretary to the Village Board Stephen Yarabek, Hudson & Pacific Design Rocco V. Circosta, Director of Public Works was not in attendance at this meeting. 1 005)089 January 11, 1994 Mayor Cresenzi asked that everyone take a moment of silence for Mickey Shearer, a member of our Recreation Commission who recently passed away. PUBLIC HEARING 1. WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING A. PARKING LOT-GARIBALDI PLACE B. PLAYGROUND IMPROVEMENTS-GARIBALDI PARK Mayor Cresenzi opened the Public Hearing at 7:50 p.m. Administrator Russo stated that this is another phase of the Westchester Urban County Consortium Program that the Village of Rye Brook is a member of which is the basis for the Grant money that we received for the Anthony J. Posillipo Community Center. Applications are now being accepted for funding over another three year cycle. At numerous public meetings, the Village Board has discussed the traffic problems on Garibaldi Place and the creation of a parking lot on the corner lot at Garibaldi Place and South Ridge Street. In the beginning of November Lori Ann DeMarco and I met with our technical advisor from the Westchester County Department of Planning and were informed that the construction of a parking lot on the corner of Garibaldi Place and South Ridge Street for users of the newly reconstructed Anthony J. Posillipo Community Center and improvements to Garibaldi Park directly across the street from the Center would qualify to meet the objectives of the Westchester County Community Development Block Grant Program. We then decided to apply for funding for the Parking Lot and Garibaldi Park playground which has been sited numerous times as needing rehabilitation and it is the oldest park in the Village of Rye Brook with the oldest equipment. This whole process is just to apply to see if we can get money to do this. We have taken it very far with the residents of the area and most of the immediately effected people. If the Board allows, we will apply at the end of this month to the Westchester County Community Development Block Grant Program. We will know in May if we will be receiving funds. If we receive funding, the Village Board will then need to make the decision as to whether or not we should go forward with the project. If they choose to do so, we will solicit bids and we will be looking at an early Fall start of the project. The parking lot estimates to go in with the Bid application are at $125,000.00 and based on the grant, we are applying for about $87,000.00 of that money. The Playground is estimated to be $72,000.00 and we are applying for about $51,000.00. The Grant, as in the past, will be prepared by Lori Ann DeMarco, Ass't Village Administrator and Senior Citizen Coordinator. Lori has done this successfully in the past and it is a pretty grueling process to apply for this Grant with the Federal Government. Steve Yarabek is our landscape architect consultant who will present an overview of this project. Rocco Circosta, Director of Public Works, who is not in attendance this evening due to his wife having a baby right now has been involved primarily in the Parking Lot and Thomas Hroncich, Superintendent of Recreation & Parks has offered information on the Playground. 2 January 11, 1994 Steve Yarabek informed the Board and the public that he put together various slides of the site so that all may be familiar with the basic conditions of the property and, in addition, some diagrammatic sketches of the actual plan. On the Board's dias is a working drawing plan to show readiness to the County to qualify for the Grant. This is the second phase of a comprehensive plan to enhance the Southernmost section of the Village of Rye Brook. The first phase allowed for the construction of the Anthony J. Posillipo Community Center and improvements to the overall neighborhood in the Southern part of Rye Brook. This phase will involve providing parking, which is needed in a very congested area of the Village, to allow the Community Center to be used to its highest use and also to generate revenues for k added that as art of that the Village also wanted to in Mr. Yarabe a g Ir the Village in its leasing. P improve the playground area in Garibaldi Park and we feel we qualify for that because this provides an area benefit. Funding this grant would allow the playground to comply with the American Disabilities Act which allows, not only different levels of play for people with different abilities but it would also increase the age levels of persons using the park so therefore, we feel we have a very strong case in securing these grants to improve the entire community. Using slides, Mr. Yarabek showed the progress of the new Community Center and stated that most of the green space was used to accommodate the needs of the Senior Center, eliminating the outdoor use. By renovating the playground and creating passive sitting areas we can provide opportunities for our Seniors, the primary users of the Anthony J. Posillipo Community Center to enjoy. He showed various slides portraying different views of the park, the lot and the Garibaldi/Ridge Street area. He explained that they are proposing to cut away the high part and raise the low part to create a level parking lot. We are also proposing to provide a sidewalk along the front of the parking area to link up to Ridge Street so that there can be access for people to get down the hill. The property line is the edge of Mr. Peterson's driveway where there is a three foot distance. We are proposing in the plan to build a reinforced concrete wall to allow this fill condition so that we can have a level parking lot of about 3 '/z to 4 foot in height with a 4 foot high wood fence on top to provide privacy to Mr. Peterson and it is a logical buffer between a municipal use and a P P y residential use. In the 5 foot strip, we are proposing to put a continuous evergreen hedge. Trustee Daly questioned if this was discussed with Mr. Peterson. Mr. Peterson stated that he really has two concerns. Currently, no water problem exists in his basement and he hopes that one does not develop because of this. Second he wants the parking lot attended and supervised and that it be locked every night when the center is closed. He was told that he will get the five feet from his driveway to the wall, where he has an existing garden that he does not want to lose. As long as they make it look decent, because he is the one that has to live next to it and it takes the value away from his home. Trustee Solomon questioned if Mr. Peterson was happy with the 5 foot buffer, evergreen screen and 4 foot fence. Mr. Peterson agreed to those conditions. Trustee Solomon questioned if there would be some type of screening along the back of Mr. Peterson's property from the upper property toward the field. 3 ]. January 11, 1994 CltJ.a 09 Mr. Yarabek stated that they have been focusing on the parking area and the screening of the parking area on all sides. That has not yet been addressed. The initial project was to look specifically at the parking area and the playground area. Trustee Solomon questioned if the existing path from Ridge Street to the Play area would remain. Mr. Yarabek stated that the path would remain, Trustee Solomon suggested that screening for the back of Mr. Peterson's property be addressed as well. Mr. Yarabek referenced the plan which was presented at our meeting of last week which evolved over two meetings with the area residents about the parking area and essentially what we described tonight is the five foot setback to a continuous concrete wall with a 4 foot high wood fence on the East of the property with a 5 foot setback. The solid evergreen hedge is not shown on the plan which has been distributed to the Board. The hedge is in the budget but at our last meeting, Mr. Peterson stated that he wanted to think about the hedge. We will show the hedge on the plan when applying for the grant. Trustee Zuckerman stated that the trees are different as well as the concrete embankment on the plan before us than on Mr. Yarabek's plan. Mr. Yarabek stated that what is before the Board this evening is a proposal that needs approval by the Board of Trustees in order to apply for the grant. Once we obtain the approval from the granting agency, we will finalize all of the plans. We are trying to limit Mr. Yarabek's involvement on the entire project to keep the cost down while we are going for the grant. We want to create a really strong package. On the plan resented to the residents, it is shown all open and on the plan in front of the Board, it shows all low growing evergreen junipers. The purpose of the junipers is to keep a low maintenance situation rather than concrete, green is softer. We also show yellowood trees. The neighbors had asked for security around the perimeter, this plan did not show a continuous fence so the plan before the Board shows a continuous six foot height chain link fence on both sides of the drive, it shows a double gate that could be closed so that the entire perimeter of this park is secured from people coming in. The fence along Ridge Street is proposed to be pulled back along the top of a 4'/z.foot height concrete wall for safety and security purposes. It then leaves an open lawn with some flowering trees along Ridge Street to buffer the views in without limiting the ability of the Police to look down into the lot. It is an evolving process, with a continuous flowering hedge along Garibaldi Place. In terms of drainage all the drainage on the lot is going to be captured in a catch basin which may be adjusted in the lower portion of the lot in order to facilitate the best connection to a new catch basin on Garibaldi place. Currently there is no drainage on Ridge Street from William Street all the way to Garibaldi Place. All that water on the east side of Ridge Street just comes cascading down Garibaldi Place and finds its way to a catch basin that is after Mr. Peterson's driveway so we are looking at providing a separate catch basin earlier to help alleviate what is a pretty bad flooding problem in the Spring and often in the Fall. This is short of sending the County a note asking what the chances of getting improvement are, which is something that we cannot count on. We are providing flowering tree plantings on the slope toward the park. 4 005092 January 11, 1994 Mr. Yarabek stated that the proposed parking lot gives us 21 car spaces. In addition we are putting dry wells into the lot to hold the water because we know this neighborhood is primarily a wetland area so we want to retain water on site rather than compounding the local water systems. Trustee Pellino questioned where the water is going to go if the lot is going to be level. Mr. Yarabek stated that the lot is level to an extent and there will be a pretty good slope on the lot. You need a 2% slope for drainage and this has a 3% slope to the entrance way and then it goes to a 51h% slope. Mr. Yarabek added that the reason why it is steep at that end of the lot is the concern about having a high wall against the neighboring residents. We have commissioned a more detailed topographic survey. The plan that you're reviewing this evening was done by Rocco Circosta, Director of Public Works, who was asked to give us a general topographic survey but since this project is required to go out to bid, we are getting a detailed survey provided and once we have that we can refine the grading point. Mr. Aughavin questioned why we were not including additional drainage towards the center of the property to avoid an unnecessary drainage down to the wall which at some time can create a problem. Also why are we not looking to the County to get some sort of drainage on Ridge Street at this time and have that be part of the Village's effort because of the reconstruction of this area which is dramatic to assist the run off down on this particular property. I Mr. Yarabek stated that because of the grade change from one end to the other it becomes difficult to create a bench here without requiring this wall to go higher. You would have to create a flat area and flatten it out to catch the water. I would need to push a foot or two down towards a section of the property. When we get the detailed topographical survey, I will look to try and create a middle drain but with the information that I had, the result would be that this wall would grow by a foot and a half taller which may or may not be a problem. Mr. Aughaven stated that the resident stated that his concern was the water runoff and having one drain positioned that might get clogged we may need that secondary drainage. Mr. Yarabek stated that when the final survey arrives, perhaps we could discuss a five foot high concrete wall and more appropriately, you want to have two drains in that lot because you are dividing that large area. In addition to the curb, I had planned a continuous french drain which is an open drain pipe that is below ground. There would be all gravel behind the wall so that the water will be collected and fed another way. Mr. Aughaven stated that we should look into new drainage from William Street to Garibaldi Place and look to the County for assistance. Mr. Yarabek stated that we can apply for that, but we can not guarantee to speak for the County so what we are doing is adding, regardless, a second drain on Garibaldi Place as part of this project, which is in our control. 5 00509 January 11, 1994 Mr. Aughaven stated that the drain on Garibaldi is necessary anyway. It is appropriate for our Village to be looking at additional drainage being that it is inadequate to begin with. This could be a separate matter that the Village could deal with above and beyond the grant situation that you are involved in. Mr. Heller stated that there are a considerable amount of trees proposed and questioned if there would be a maintenance problem. Mr. Yarabek replied that the trees proposed which include the smokebush, shadowbush and dogwood, do not pose a litter problem Mr. Heller also questioned the size of the parking spaces. Mr. Yarabek stated that there are 20 foot stalls with a generous aisle of 25 feet so that there won't be difficulty backing out. Mr. Heller stated that the two spaces on the side of the entrance are difficult to maneuver into. There is also a psychological problem about parking next to a wall so the four spots are going to be difficult to pull out of. He questioned if some of the spots could be angled. He also questioned where the handicapped parking spaces were. Mr. Yarabek stated that the end spots are usually the last spots to be parked in. The option is to take out the spots and leave them as back out areas. We did not want to lose the number of spaces by angling them. The wide aisle allows the maneuverability. This is in addition to the limited on site parking at the Posillipo Center. There is handicapped parking at the center itself as part of the requirement for providing handicapped access to the center and according to Federal regulations governing the ADA the total number of parking spaces (on site and at the corner property) totalling 44 requires two handicapped spaces. Those spaces are provided on site. Connie Pennucci of 525 Ellendale Avenue questioned how wide the spaces are. Mr. Yarabek replied that the spaces are 9 feet wide. Mrs. Pennucci stated that 9 feet is ample space. Mr. Aughaven questioned the total square footage of the spaces and if it complied with our Code. Mr. Yarabek replied yes and that it was 180 square feet and the aisle is 4 feet greater than that which is in the code. Mr. Grant questioned if the entrance to the parking lot was two ways. Mr. Yarabek replied that it is about 20 feet across and is two ways. Trustee Pellino questioned if it was contemplated to add lighting to the site or would the streetlights in the area provide enough soft light so that Police Officers can look in there at night by simply driving by. 6 January 11 1994 f0 00- 094 Mr. Yarabek stated that due to the concerns of the neighbors about adding lighting to the park, we were going to rely on the streetlighting. We spoke about motion detectors but we do not have lighting fixtures proposed in the lot. Trustee Pellino questioned if there would be some light on the site. Mr. Yarabek stated that he would definitely look into that. We might have to put shielded lights in the lot if the center is open until 10:00 p.m. If we cannot add the lights on the street, we will probably have to add two shielded lights in the lot and make them low to keep the level of light down. Trustee Daly suggested that the lights be installed in the wall. Y Mr. Aughaven stated that the area is very dark especially with the many mature trees and lighting should be definitely considered even if it is something that could be manually turned off from the center at the conclusion of an event. Mr. Yarabek questioned which area lighting was an issue at. Mr. Kilpatrick stated that lighting was an issue at both the Playground and the Parking area. Mr. Grant suggested that they look into a trip light or motion light. Trustee Zuckerman suggested that the light be shined into the parking area and away from the houses. Mr. Yarabek stated that he would work it all out and continued with his slide presentation. The slides consisted of the playground and Mr. Yarabek stated that we were concerned with the age of the facilities. They are not handicapped accessible, all the fixtures are separated, there is no interactive play and the equipment is limited to one age group. It is time to replenish the equipment. The benches are all in poor condition and today they make a new mesh bench which discourages vandalism. The fence along the back of the playground may be removed so that there is more of an integration and we will design it so that the play is contained. Various playground equipment companies, were contacted and we have some slides on components of the actual pieces that would be included in the park. They are safe to use, good for different levels of play experience, accessible to the handicapped in compliance with the American Disabilities Act and the surface is a safe wood mulch fiber type surface which makes the play and maintenance much better. How the system works is they have ramps, climbing things so that different age groups can strengthen themselves and have a lot of fun. There are different color options and we will choose those that best blend in with the area. Mr. Yarabek showed a slide with the most recent concept plan and explained that his role, in this part of the project was to meet with the neighbors and some of the concerns we had discussed were the lack of any kind of a landscape buffer to the adjoining residences and what we have included is a ten foot minimum buffer for hedges, the planting of trees in this concept that would encircle it to provide some privacy. The residents also requested that the tall structures in the playground not be placed looking into their backyards so that they may have privacy. 7 January 11, 1994 He explained that a zone was created having the tall structures towards the center of the playground and the low structures at the edges and the passive sitting areas out of the perimeters in the shade of trees. All generations can come and sit in the park. If you come to the landscaped area there is a five foot wide path around to accommodate service vehicles. There won't be any structures within a ten foot right of way. We want to have the service i path to the East going around and back into the park because we found that that is the main maintenance access into the park in the past. The existing trees up in the North left corner will be preserved and we are pushing the playground up towards the billfold area with swings but we want to keep tight enough away because in measuring it on the plan the outfield line does come there. That was a concern that was brought up at the last meeting that the outfield comes very close to the fences along Garibaldi Place. In that discussion at the neighborhood meeting we included looking at planting along the rear fences of the perimeter line. We did not extend this toward Ridge Street because some of the fence hedges along Village property and I will also propose planting behind the Peterson property. Mr. Yarabek stated that the playground specialist put components together for the playground to give integrative play. Trustee Solomon questioned if the material that will be used in the play area will discourage animals from relieving themselves in it. Mr. Yarabek replied that it is not as conducive as other materials. It does not attract the animals but it will not discourage them either. It is a cushion type material and will be safer if a child falls from a high structure. Mr. Kilpatrick questioned if the rear fence at the outer outfield line of the ballfield will be repaired. Mr. Yarabek stated that we have money budgeted for fence repair along certain fence lines. We don't have money in the budget for complete replacement. We have to go through and assess all of it and weigh it all out. The outfield line comes to about 15 feet from the fence and the home of Mrs. Patafio and we have looked into planting some shrubs for privacy. The residents were concerned with the height of the existing fence because sometimes the balls come in there. Mr. Kilpatrick stated that the problem is when adults play ball there. We call the police and we don't always get a response. Many people don't pay attention to the signs and walk their dogs in the park and the children playing ball step in their droppings. He added that he is concerned about activity in the park late at night. Mr. Yarabek questioned how Mr. Kilpatrick felt about putting a hedge along that fence line and if he would prefer putting a material that only went to about 6 feet in height with privacy at the grade. Ideally, if one could see over the screen, that helps the security of the park. If the screening is too high we would be encouraging people to go into the park at night. Trustee Zuckerman questioned what the material at the playground would be. Mr. Hroncich stated that the material is similar to what they have at Ridge Street School. It is called a wood carpet and is shredded wood. There are different materials of which cost plays a role and as the project progresses we could look into different materials. 8 005)0 3(� January 11, 1994 Trustee Zuckerman suggested that Mr. Hroncich speak to those involved with the Ridge Street School project and find out what type of surface material they used. Trustee Solomon questioned if the gates are going to be designed so that you cannot drive a vehicle into the field. Mr. Yarabek stated that there are double gates but we need a better locking device for the half of the gate so that you only leave 4 or 5 feet open. Then the maintenance staff, police or ambulances would have a key to open the gate because they do need access. Then we would do a collapsible or removable post in the center at Garibaldi and open it with a key. Mr. Aughaven stated that the best protection is to have easy access for the Police. Currently you can take a police car through the pathway into the basketball courts that are back there and there is a double situation that occurs. You have the shopping center where a lot of graffiti action occurs and also youth and adults congregate and drink, do drugs or something of a negative nature. I would make that path accessible to a police car so that it could easily patrol that back area without having to get out of their cars on a regular basis and also place a sign that states that no cars are allowed back there and issue persons summons who do not obey the rules. Trustee Solomon questioned Mr. Aughaven and Chief Santoro who are more familiar with Police issues, if the three entrances to that park are necessary. Mr. Aughavin stated that the Chief is the professional and he did not want to take the stand for the Police Chief but if you want to protect the back area and in my opinion if you want to get back there quickly to ascertain a problem behind the shopping center or any activity going on in that park, easy access is the key. In all of our other parks there is easy access for the officers to get in there quickly. Trustee Zuckerman questioned what Chief Santoro thought. Chief Santoro stated that we definitely need the ability to get a police car into the park. Trustee Daly added that this public hearing is only so that we can apply for the grant. Mr. Grant stated that the idea is to get the police .to respond when the residents call. Mrs. Patafio stated that we could not close the West Street entrance anyway because that is located in Port Chester. She questioned if the trees would block the access off of Ridge Street. Mr. Yarabek stated that the trees that are going to be planted would have a 45 - 50 foot clearance. Mrs. Patafio stated that she did not see all the land that everyone has been referring to. 9 00509'7 January 11, 1994 Mr. Yarabek stated that currently, you could get a car through there on the land itself. We are very concerned with the concept of lighting and security. We are not looking to create Yankee Stadium there but it is the issue of getting low enough and level lights so that the type of activities that happen in the Summer are discouragable and also through a past study, we found that if you can't see the wall, you won't get the graffiti, however if you plant a hedge, people will hide behind the hedge so it is always a Catch 22 situation. Mr. Heller questioned if there is a drainage problem in the park. Mr. Yarabek stated that it has been handled by the neighbors in the back. Mr. Heller questioned if field drains could be installed so as to avoid any problems in the future. Mr. Yarabek stated that they would consider that. Eugene Grant, a long time resident of 39 Garibaldi Place thanked Lori Ann DeMarco for inviting the residents of the area not only to this Public Hearing but also to two prior Citizen Meetings to discuss this project and proposal. With so many additional parking spaces, can a consideration be given to having a "no parking" sign across from the driveway of 39 Garibaldi Place. When there is activity at the center it is difficult and dangerous for my wife and I to get out of the driveway. Mr. Grant added that he would really appreciate the Boards consideration of installing the "No Parking" sign. Mayor Cresenzi thanked all who were present for attending the Public Hearing and giving their input. He directed Administrator Russo to direct the Traffic Commission to look into Mr. Grant's request for signage on Garibaldi Place. We must deal with the parking issue on the street as a whole because when the park is in use and the children are there and the center is in use and Seniors are going back and forth, that is a difficult street to cross with parking on both sides and cars coming both ways. Mr. Grant agreed that the traffic is heavy and that it could be dangerous. He questioned if it was possible to install an automatic crosswalk that they have in other Towns where the person steps in the street and the car is automatically directed to stop. Trustee Zuckerman suggested that a possibility could be to make Garibaldi Place a one way street. Mayor Cresenzi stated that a one way was discussed in the past and it may be more of an inconvenience to the residents. Trustee Zuckerman suggested that the whole area be referred to the Traffic Commission and have them address these concerns. Mr. Grant questioned the procedure. to January 11, 1994 Mayor Cresenzi stated that usually requests for signage and so on are referred to the Traffic Commission who meet publicly on the first Monday of each Month at 8:00 p.m. They could review for us the traffic flow on Garibaldi and try to come up with some alternatives for us. Perhaps we could have parking on only one side of the street. Chief Santoro stated that Mr. Grant brought up an interesting point. Aside from California, parts of Connecticut and Massachusetts, the automatic crosswalks are illegal. It is not legal in New York State as we looked into this for children to walk in an unmanned area where there was no school guard. Trustee Zuckerman questioned if we could write them and request permission to do this as an experiment. Chief Santoro stated that he checked in his manual and it says that if it is not in there, we can't do it. Mayor Cresenzi stated that the area should be reviewed before the Center is opened. Chief Santoro stated that a few years back when Trustee Pellino was on the Traffic Commission, we did address parking on Garibaldi because there is limited off-street parking. We even restricted parking from here to corner as little as possible because we got many objections from the neighborhood that they had no place to park. Now that there may be a parking lot, I was hoping that it could be used for neighborhood parking in the evening, which would alleviate some of the parking in the street, but obviously it is not going to happen. Mrs. Patafio pointed out that the parking wouldn't be so bad on Garibaldi but there are several houses in the area that have about ninety people who each have a car and again, this is not really Rye Brook it is Port Chester but if the Village would look into that and get rid of some of those cars it might not be so bad. Trustee Solomon stated that he knows that the parking in that area is horrendous and he questioned if we could put a staircase behind the shopping center to encourage persons attending ballgames to park in the shopping center. He further stated that the shopping center is private property and questioned if it would be problematic to encourage people to park there. Administrator Russo stated that it would make more sense to work out a public/private partnership with the shopping center and purchase the property in between and make it a parking lot. Mr. Aughaven pointed out that many communities in Long Island and Westchester have had parking problems similar to this particular area and they have looked into permit parking at night only. It might be something for this Village to look into. Yonkers does it in a number of areas, and once it gets established, it works. You are either a resident and you can park there between certain hours or you are not and that sticker is on your car and the police can then summons those vehicles after a period of time, those that are in violation will stop doing it because they are being summoned. It is a suggestion that might prevail for certain sections of our community that have this type of problem. 11 050199 January 11, 1994 Trustee Pellino stated that several months ago, Trustee Zuckerman received a correspondence from Nita Lowey which mentioned other federal monies available for reconstruction of recreational facilities. He questioned if we looked into that. Administrator Russo stated that this was looked into and that particular federal program is geared toward very, very low income urban areas. The program that we are in is the only federal program that would qualify for monies for an area like ours. However the grant that we applied for to receive assistance with the screening in Rye Hills was another similar program which don't know whether or not we have been successful. We always receive a flyer that looks like a newsletter from the federal register listing all federal grant programs that are available and we do look that over quarterly or how ever often we receive it. I have found that in doing this, certain grants sound familiar and they are the same grant that we have already seen. Trustee Solomon questioned if we looked into any available money from the State. Administrator Russo replied yes and explained that the only thing we are qualified for was the Anthony J. Posillipo Community Center. There are only a limited amount of funds in total from the state. Except for the Environmental Bond Act for which we are making an application but that is for something different. Mayor Cresenzi asked if there were any further questions or comments and there were none. Administrator Russo informed the Board that a O'Gretta Logan, the Village of Rye Brook's Community Development Advisory Group (CDAG) Representative was unable to attend this evening's Public Hearing due to illness. She did however wish to express her full and complete support for the Parking Proposal and Playground Proposal for funding from the Community Development Block Grant Program. As a resident of Garibaldi Place, a Senior Citizen and user of programs hosed by the Anthony J. Posillipo Community Center, Mrs. Logan is very well aware of the ills associated with traffic and lack of parking and the poor condition of Garibaldi Park Playground. He added that a resolution in support of this application would be available for adoption at the January 25, 1994 meeting. On Motion made by Trustee Solomon, seconded by Trustee Daly, the Public Hearing was closed at 8:55 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. INTRODUCTORY LOCAL LAW H1-1.994 TO REPEAL VILLAGE LICENSING OF WASTE COLLECTORS Mayor Cresenzi opened the public hearing at 8:55 p.m. 12 C)10 January 11, 1994 Administrator Russo explained that this was a requirement for licensing Waste Collectors in the Village of Rye Brook as the County has superseded us and are doing it also. Trustee Pellino questioned who would protect the Village of Rye Brook from lawsuits that may occur if a carter injures someone or their property and that person comes to the Village to collect. Administrator Russo replied that the Village has never done this before. Trustee Pellino stated that in our Code there is a paragraph on insurance which must be there to protect the Village. Mayor Cresenzi stated that at the time, there was no County ordinance when that was in effect and now they are regulating it. Trustee Zuckerman questioned if a carter, who is not licensed by us, is picking up trash at Rye Ridge Shopping Center and comes out of the parking lot, has an accident and injures someone. If he does not carry insurance, is the Village liable and would our liability insurance cover that. Administrator Russo stated that our liability insurance would cover that. Attorney Powell stated that we should always make sure that they carry insurance. Whether you ought to have licensing or not is really a policy decision. Trustee Pellino questioned if any other Village currently has an ordinance such as this one. Administrator Russo stated that he has no knowledge of who has this law, however, many municipalities have decided to rescind it as they saw no purpose in it and it was repetitive. Mr. Aughaven stated that if you have a regulation on the books and you are not enforcing it, you are leaving yourself more exposed. If anyone wants to sue the Village, they are going to do so. I had some work done on my home and the contractor had a carting company which was not suburban and I don't think they had a permit. Trustee Pellino stated that enforcement is a different issue. The policy covers us, and we have no problem with that. What our current code says is that the waste carrier would name the Village as an additional insured on their policy so that the liability falls to the waste collectors and not the Village. Your experience rating on your insurance policy works against you if you have any of these kind of cases coming up so I think it is to the Village's advantage to have this type of law on the books unless the County is going to insure the Village of Rye Brook on their insurance. Mayor Cresenzi stated that we cannot license every truck that enters the Village to pick up or make a delivery and require that they name us as an insured. Trustee Zuckerman stated that a permit requirement is also revenue raising. 13 or " " rl January 11, 1994 Trustee Pellino questioned what our exposure is if we repeal this law and don't have anything on our books to protect us. Administrator Russo stated that we will probably have less exposure. Mayor Cresenzi directed Administrator Russo to speak to Allan Bader and find out what he thinks the risk is. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the Public Hearing was adjourned at 9:10 p.m. to 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 f RESOLUTIONS 3. AMENDING EMPLOYEES BENEFITS & POLICIES MANUAL Trustee Pellino stated that he is satisfied with the changes made in this resolution from the last meeting. Trustee Zuckerman stated that in reference to section 31, whether or not we choose to have this benefit is something we should consider, but it should not be considered in light of the fact that we are mandated to have the benefit. Administrator Russo stated that this was arranged by the Labor Counsel, who knows how many employees we have and he told us that we need to adopt the policy. Trustee Zuckerman stated that the problem he has, is the reference that we are mandated by law. Administrator Russo deleted the section that states that it is mandated by law. Trustee Zuckerman requested that it be put over and re-drafted or we just pass the first section of the resolution. Bill Aughaven stated that by Federal Law, in any handbook that is being prepared for any corporation, company or partnership that is employing any people, they are including the Federal Law requirement because tomorrow you could be 50 employees or more and if you don't have this codified in your organizational plan, you can be in violation. Currently, I employ less than 50 people and we had a consultant come in to do our planning and they included this in our corporate structure. There is no harm in having the wording in there, especially if you don't qualify, but once you do qualify and have over 50 employees, all you need is one person to give you a hard time. 14 005,61 02 January 11, 1994 Trustee Zuckerman stated that he is not arguing that right now, only that this particular provision is poorly drafted as it is. This is probably coverage that the Village should have, but the codification does not need to have a statement such as this. The provision should be included clearly, and it is not. Mayor Cresenzi stated that since there are some questions on the language, we should pass the first section. Administrator Russo stated that he does not think it sounds very complex. He questioned if we could just make some changes rather than keep on revisiting this issue. Trustee Zuckerman stated that he was unsure as to what it should be and did not want to waste the Board's time tonight. He added that he would rather speak to Administrator Russo and Attorney Powell privately to straighten out the language in time for the next Board meeting. Mayor Cresenzi agreed with Trustee Zuckerman and stated that section 31 will come out of the resolution. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION AMENDMENTS TO EMPLOYEE BENEFITS AND POLICIES PACKAGE RESOLVED, that the Village of Rye Brook Employee Benefits and Policies Package adopted by the Village of Rye Brook Board of Trustees on September 27, 1988, and amended on June 26, 1990, February 26, 1991 , January 14, 1992, and August 11, 1992 be hereby further amended to include the following changes: Section 11 - Sick Leave - the following should be added: The Administrator or department head may require substantiation of sick leave as may be deemed necessary, or after ten (10) days of absence in one calendar year. An employee who is out sick for more than three consecutive days is required to submit a doctor's note upon return to work. Section 18 - Vision Care - The Allowance Per Employee Per Fiscal Year should be changed as follows: Curren Changed to Vision and Health Eye Exam $ 50.00 $ 75.00 Frames and Lenses $100.00 $150.00 Section 29 - Professional Development - The following paragraph should be deleted: 15 005:Q3 January 11, 1994 "The Professional Development Benefit is being implemented effective June 1, 1990. The funding is being phased in over two (2) fiscal years; therefore, for the 1990/91 fiscal year the maximum individual amount may be less than $1,000.00 based on the number of applications received. The minimum amount that may be approved for the first fiscal year will be $500.00. The following paragraph should be added: PLEASE NOTE: If less than half of the Village employees utilize the Professional Development reimbursement, an employee who is utilizing this benefit will be entitled to receive an additional amount, but in no event shall the total benefit exceed $2,000.00 for the year. FURTHER RESOLVED, that the following new section be added: 32. NO SMOKING POLICY. In the interest of providing a safe and healthy environment for employees, residents and visitors, and in accordance with Article 13-E of the Public Health Law of the State of New York, smoking is prohibited throughout the Village Offices. Any violations of this policy should be brought to the attention of the Village Administrator. Employees found smoking within the Village Offices in violation of the law will be considered in violation of the Village's Personnel Policies and Rules and will be subject to disciplinary action. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. REFERRAL TO THE PLANNING BOARD EDITH NISSON/7 BEECHWOOD BLVD. SECTION 1, BLOCK 10, LOT 4 SUBDIVISION APPLICATION Administrator Russo read the resolution. Trustee Pellino stated that this is a sketch plan and that there is no clock running. He questioned when the clock would start running. Administrator Russo stated that when the referral comes back to the Village Board and a public hearing is set, the clock would start to run. Trustee Daly questioned why we would want to refer a sketch plan. Administrator Russo stated because it is incomplete and based on Tom Gissen's memo, which states that the application is incomplete, we should refer it as a sketch plan and then the clock would not run. 16 005-0104 January 11, 1994 Mr. Aughaven stated that with all due respect, in his opinion, sketch plans are negligent to the Planning Board and putting the members in the position of wasting a lot of time discussing things and the next thing you know, we will end up with another Senior Citizen Housing situation that drags on for months and months because we get a sketch and we never get a site plan. The applicant should be forced to deliver all the pieces for referral and the Board should consider all the time that is put in by the Planning Board members and not refer little pieces of a site plan. Mayor Cresenzi agreed and added that if the Planning Board had approval authority, as most Planning Boards do, then Mr. Aughaven would be correct, however, we have a legal issue. Attorney Powell explained that if this is referred as a complete application, the clock starts running and after sixty-two days, you could have an approval by default. Referring a sketch plan protects you against that. Trustee Pellino stated that if we reject this application because it is incomplete, the clock also does not start. Mayor Cresenzi stated that is correct, but if it comes in next month, the clock starts after we refer it. If we wait thirty days and this application comes back complete and we refer it, what do what we gain. Trustee Daly stated that we will gain that we will be referring a complete application to the Planning Board. Mr. Aughaven questioned if it would be possible to not refer anything, but to accept the information that was received as informational referral to the Planning Board. This way we could get a preliminary picture on this. Mayor Cresenzi stated that he can give the information to the Planning Board, but it would be the same thing if we just refer it as a sketch plan, because the clock still will not be started. Attorney Powell stated that reference is being made to the sketch plan as though it is not really an application and according to the subdivision regulations, you can refer a sketch plan as being a potential, initial step, less costly than putting together the whole preliminary plat application so it is not that the sketch plan is a preliminary application that is not finished, it is a sketch plan or sketch layout, as referred to in the subdivision regulations and is not unheard of. Trustee Zuckerman stated that even though it makes more work for the Planning Board, if we refer it as a sketch plan, the Planning Board could have the opportunity to work with the applicant to develop the plan from the beginning which might be better from a planning point of view. 17 ®05:05 January 11, 1994 Mr. Aughaven stated that in the past when we had sketch plans referred to us, it was said that we were dragging our feet on the issues or giving the applicant a hard time. As long as we know what is going on with the sketch and there is a consistent understanding between the two boards as to what is going with this sketch that we ought to dissect it and beat it up and do the right thing for both the Village and the developer, then I have no problem with that. Trustee Zuckerman stated that he is not happy with this proposal and suggested that we find out if Port Chester has been approached with an application and if so, it should become the subject of a liaison committee discussion and be treated in its entirety. I will only vote to refer it as at this time, that is the best way to protect the Village at this particular time and to make sure that the Village has the most input as possible. Trustee Solomon stated that we are setting the stage for possible future demolishing of the existing house and putting another house in lot one and having a potential of six houses on that triangle in Port Chester as it is an R-7 district. Mayor Cresenzi stated that if you start discussion early with the Planning Board you may be able to regulate some of that through the Planning process. We can certainly find out if any applications have been made with Port Chester, but right now, we must deal with this. Howard Hoff, a resident of King Street stated that he is concerned that if the residents attend the Planning Board meeting and changes are made that they agree to, it then goes to the Village Board where more changes are made, however the residents don't know that this is going to happen and they don't attend the Village Board meeting. Trustee Zuckerman stated that everyone is better off with input from the very beginning as opposed to taking a plan that has already been fully drafted and going in and trying to change it. Mr. Aughaven questioned what would happen if this was referred as a sketch plan and at the next meeting, the developer walks into the next meeting of the Planning Board with a full site plan. Does the clock start then or does it have to come back to the Village Board with the completed site plan to be re-referred. Mayor Cresenzi stated that an application is not only the plan, but the environmental, which has been sited in this case as being incomplete. Until it is complete, you don't have a complete application. We also need to declare a Negative Declaration and until this Board does that, it is not a complete application. When that is done, we would have met the concerns that Mr. Gissen had in his memo. When the Negative Declaration is made, the clock will start. Trustee Zuckerman urged that the Planning Board keep in touch with Attorney Powell and to keep the residents of the area informed. Mr. Aughaven suggested that the Village Attorney be made more available to the Planning Board's activities and have him at more of meetings. Mayor Cresenzi replied that we will look into Mr. Aughaven's request. 18 January 11, 1994 Mr. Aughaven recommended that when we find out that this issue is in front of the Port Chester Board, then make the referral. Trustee Pellino questioned when the next Planning Board meeting was and if it was on the agenda. Mr. Aughaven replied that the next meeting was in February. Trustee Pellino questioned if we could just lay this over for two weeks since it is not going on their agenda until February anyway. Mr. Hoff stated that lie heard some talk of upzoning and questioned if the Board was going to move forward on upzoning and if anymore discussion has taken place. He added, just for the record, that he was not only at the meetings because he lives next door to the Messina Subdivision but because when he moved into the Village six months ago, he did not think that every piece of greenery would be gone and every time I turn around, more houses are turning up and all the trees are disappearing. You might as well blacktop the whole damn area. Mayor Cresenzi stated that he does not consider half acre zones blacktopping the whole area and when you have a twenty thousand foot lot, it is a nice piece of land and that is what our zoning code allows. If residents don't like that, we have the option to rezone. Trustee Zuckerman wants to rezone the Hillandale area to an R-30 and I want to rezone it to an R- 40. We are in favor of rezoning it, but we need to decide what the number will be and Trustee Zuckerman has been working diligently, going through tax maps and so on. He added that he does not look at housing as having a negative impact on a residential area. If we were talking about putting in a parking lot or an office structure next to a residential area, that has a negative impact on a residential area. Mr. Hoff stated that the development is fine, as long as it is consistent with the neighborhood. Mayor Cresenzi stated that the maximum lot size that we have in the Village is 20,000 feet so if you own two acres, technically, you would have four building lots, assuming you met frontage, depth, etc requirements. The only thing we can do is change the zoning in the area. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the resolution was not referred. TRUSTEE DALY VOTING NAY TRUSTEE PELLINO VOTING NAY TRUSTEE SOLOMON VOTING NAY TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 19 005-107 January 11, 1994 5. DESIGNATING POLLING PLACES FOR VILLAGE ELECTION - MARCH 15, 1994 On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION DESIGNATING POLLING PLACES FOR VILLAGE ELECTION MARCH 15, 1994 RESOLVED, that voting machines owned by the Town of Rye shall be used at the next Village Election held on Tuesday, March 15, 1994; and be it FURTHER RESOLVED, that if said voting machines are not available, the use of paper ballots is hereby authorized; and be it FURTHER RESOLVED, that the polls in each of the seven Election Districts shall be opened at 7:00 A.M. in the morning and remain open until 9:00 p.m. in the evening of said day; and be it FURTHER RESOLVED, that the polling places be, and they hereby are, designated for the respective Election Districts as follows: ELECTION DISTRICT LOCATION #20 Port Chester Middle School Main Lobby #21 Port Chester Middle School Main Lobby #22 Blind Brook High School Main Lobby #23 Ridge Street School Gymnasium #26 Port Chester Senior High School Lobby #27 Ridge Street School Gymnasium #29 Ridge Street School Gymnasium TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. RE-APPOINTING AUXILIARY POLICE OFFICERS On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION RE-APPOINTING AUXILIARY POLICE OFFICERS 20 -00,5108 January 11, 1994 WHEREAS, in order to promote volunteerism and to provide assistance in emergency situations, in September 1986, the Rye Brook Board of Trustees established the Office of Disaster and Emergency Services and the entity of Auxiliary Police to serve that office pursuant to the Defense Emergency Act of 1951, and the statutes of the State of New York; NOW, THEREFORE, BE IT RESOLVED, that pursuant to Article 2.10, Section 26 of the Criminal Procedure Law, this Board hereby reappoints the following individuals as Auxiliary Police Officers for the calendar year 1994; William Aughaven, Jr. 16 Mohegan Lane Rye Brook, NY 10573 Mark Goldstein 604 Tompkins Avenue Apt. #C-7 Mamaroneck, NY 10543 FURTHER RESOLVED, that Salvatore M. Cresenzi, of 13 Holly Lane be hereby re- appointed as Deputy Local Director. FURTHER RESOLVED, that Eric Dengler of 18 Tamarack Road be hereby appointed to the Auxiliary Police Unit for the 1994 calendar year pending satisfactory completion of the Peace Officer Training School. Chief Santoro thanked the Auxiliary Police for a great job in the past and added that he is looking forward to another year. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi thanked the Highway Department for a job well done on the roads. 7. APPROVING DONATIONS TO ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution is hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 21 0051109 January 11, 1994 RESOLVED, that the following donations are hereby accepted: Ellen Burke $10.00 11 Whippoorwill Road Betty Tigano $10.00 56 Woodland Ave Mae Tocci $10.00 56 Woodland Ave Pamela Shassian $10.00 42 Woodland Drive Arline Hendel $10.00 11 Charles Lane John & Diane Boyle $15.00 259 Irenhyl Avenue ` Sy Tarshis $15.00 28 Sleepy Hollow Road H. Sakamati $15.00 11 Old Orchard Road Marie Lanza $15.00 46 Roanoke Ave. Antoinette Federici $15.00 24 North Ridge Street Helen A. Baron $15.00 1 C Avon Circle Lorraine Groschefsky $15.00 31 Avon Circle Mr. & Mrs. Emil Trenck $25.00 77 Windsor Road Mrs. Carl Persson $25.00 9 Maywood Avenue Dr. & Mrs Ira Bernstein $25.00 39 Country Ridge Drive North John Dystel $25.00 134 Doral Greens Drive West 22 0051. 10 January 11, 1994 Barbara Bea Polonsky $25.00 7 Carlton Lane James & Susan Levy $25.00 176 Country Ridge Drive Harriet Kathy Batter $50.00 5 Country Ridge Close Mr. & Mrs. Daniel Lichtenberg $50.00 157 Country Ridge Drive Nick Cicoria $50.00 4 West Street Mr. & Mrs. Melvyn Halper $50.00 9 Latonia Road The Russo Family $100.00 14 Jennifer Lane J.D. Vitti $100.00 24 Beechwood Blvd TOTAL $705.00 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. APPROVING PAYMENT FOR H.V.A.C. CONTRACT #9305 ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION APPROVING PAYMENT FOR H.V.A.C. CONTRACT #9305 ANTHONY J. POSILLH'O COMMUNITY CENTER 23 005111 January 11, 1994 RESOLVED, that payment in the amount of $44,270.00 be hereby approved and made to Hi-Tech, H.V.A.C. Systems Inc. for costs associated with the construction of the Anthony J. POSILLIPO Community Center. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Pelllno, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER f RESOLVED, that payment in the amount of $48,478.50 be hereby approved and made to Marathon Orbit, Inc. for costs associated with the general construction of the Anthony J. POSILLIPO Community Center. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. ADOPTING PROPOSED INTRODUCTORY LOCAL LAW #9-1993 ENTITLED: A LOCAL LAW AMENDING SECTION 66-36 OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO PROVIDE FOR THE PURCHASE OF DWELLING UNITS IN CONNECTION WITH A SPECIAL EXCEPTION USE PERMIT FOR A SENIOR CITIZEN HOUSING DEVELOPMENT Trustee Zuckerman stated that Attorney Powell worked very hard on this law and did a great job. Attorney Powell read the changes and the Board decided to vote on the law. On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following Resolution was hereby adopted: 24 _ 005112 January 11, 1994 RESOLUTION ADOPTING LOCAL LAW INTRODUCTORY #9-1993 AMENDING THE SENIOR CITIZEN HOUSING DEVELOPMENT LAW RESOLVED, that the adoption of Local Law Introductory #9-1993 is found to be an unlisted action under SEQR and the accompanying Negative Environmental. Declaration is adopted; and it is FURTHER RESOLVED, that Local Law Introductory #9-1993 is hereby enacted into law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following Resolution E 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: 8156-8214 Payroll Checks: 11843-11937 Manual Checks: NONE Environmental: 403 & 404 Recreational Trust: NONE Capital: 2110-2113 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorized payment thereof. Trustee Zuckerman stated that in reference to the item pertaining to legal fees payable to Maroney, Ponzini & Spencer, he would like to call for an Executive Session to discuss legal matters. He would then like to comment in Executive Session. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE 25 405213 January 11, 1994 12. CALLING FOR AN EXECUTIVE SESSION RE: PERSONNEL MATTERS On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION CALLING FOR EXECUTIVE SESSION PERSONNEL MATTERS RESOLVED, that the Village of Rye Brook Board of Trustees shall adjourn into an Executive Session for personnel matters. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ITEMS FOR TUESDAY, JANUARY 25, 1994 - 7:30 P.M. PUBLIC HEARING 1. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R9 LOT - MAINTENANCE AREA 2. PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: COMMERCIAL VEHICLES RESOLUTIONS 3. ENDORSING WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FY 1994-1996 A. PARKING - GARIBALDI PLACE B. PLAYGROUND.IMPROVEMENTS-GARIBALDI PARK 4. AUTHORIZING CODIFICATION OF THE VILLAGE OF RYE BROOK ZONING CODE 5. APPROVING AGREEMENT FOR COMPUTERIZED VILLAGE CODE WITH GENERAL CODE PUBLISHERS 26 Ot75114 January 11, 1994 APPROVAL OF MINUTES 6. SEPTEMBER 289 1993 7. OCTOBER 12, 1993 8. OCTOBER 289 1993 9. NOVEMBER 199 1993 10. DECEMBER 7, 1993 Mayor Cresenzi questioned what procedure the Board must follow to move forward with the upzoning issue. Attorney Powell stated that the best thing to do would to get a planning proposal from Planning Consultant Tom Gissen and then you can review it. k Administrator Russo stated that Mr. Gissen is already working on this and when the proposal is ready, the Board can review it and we can then call for a hearing on the rezone of Hawthorne Avenue first, and then we can discuss the Hillandale area. Trustee Solomon stated that we received a memo from the Recreation Commission regarding We Welcome Kids. Is this something that we need to put on the agenda quickly or can we j wait until the January 25, 1994 meeting. Mayor Cresenzi stated that we could put it on for Discussion for the January 25, 1994 meeting and invite the Recreation Commission to attend. Trustee Zuckerman suggested that Administrator Russo send a copy of the engineering report on the Highway Garage to the Town Supervisor. Ken Heller questioned when there would be an status report on the Fire Department. Mayor Cresenzi stated that on January 19, 1994 there is a meeting out on Long Island run by NYCOM and part of that meeting will deal specifically with contract negotiations where the situation exists in other communities within the State. I have been in contact with Trustee Comstock from the Village of Port Chester and after the 19th, we will start having public committee meetings again. Trustee Zuckerman stated that there was an article in the newspaper recently regarding emergency services in the Village of Port Chester with the apparent conflict between the Police and Fire Departments and I just wanted us all to be aware that in our Village the Police are the first responders. If this should change in the Village of Port Chester, and the Fire Department became first responder, would we need to change from having our Police as First Responder. 27 January 11, 1994 Mayor Cresenzi stated that many jurisdictions are moving towards Fire being the first responder and if that is the case, that could be beneficial. Chief Santoro stated that the Mayor is correct. You see many paid firefighters responding with an ambulance. Port Chester is talking about responding with the fire truck and the volunteers. Personally, I don't see how that could work. Mayor Cresenzi stated that if it is done correctly, it could be a benefit to the residents and save everyone money. If it is a territorial dispute between Port Chester Police and Port Chester Fire, no one is going to win. ADJOURNMENT Mayor Cresenzi adjourned the meeting at 10:25 p.m. Respectfully submitted, Elizabeth Bottali Secretary to Village Administrator i 28