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HomeMy WebLinkAbout1994-01-25 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JANUARY 25, 1994 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION COMMENDATION 1. POLICE OFFICER STEVEN GORALICK PUBLIC HEARINGS 2. , ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA (Adjourned to February 22, 1994 by request of applicant) 3. PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: COMMERCIAL VEHICLES 4. PROPOSED INTRODUCTORY LOCAL LAW #1-1994 TO REPEAL VILLAGE LICENSING OF WASTE COLLECTORS RESOLUTIONS 5. BUDGET MODIFICATION SNOW REMOVAL 6. ENDORSING WESTCHESTER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION 21 SPACE PARKING LOT - GARIBALDI PLACE 7. ENDORSING WESTCHESTER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PLAYGROUND IMPROVEMENT - GARIBALDI PARK 8. AUTHORIZING GENERAL CODE PUBLISHERS TO PREPARE CODIFICATION OF THE VILLAGE OF RYE BROOK ZONING LAW AS PART OF THE CODE OF THE VILLAGE OF RYE BROOK 9. AUTHORIZING GENERAL CODE PUBLISHERS TO SET UP A COMPUTERIZED CODEBOOK FOR THE VILLAGE OF RYE BROOK 10. SETTING GRIEVANCE DAY FEBRUARY 15, 1994 11. SETTING PUBLIC HEARING DATE BLIND BROOK CLUB, INC. - REQUEST TO CONTINUE OPEN SPACE/OPEN AREA EASEMENT 12. SETTING PUBLIC HEARING - LARIZZA & CAPOCCI CONSTRUCTION CORP. SPECIAL PERMIT/SITE PLAN APPLICATION FOR SENIOR CITIZEN HOUSING DEVELOPMENT AT BOWMAN AVENUE 13. APPOINTING INSPECTORS OF ELECTION VILLAGE ELECTION - TUESDAY, MARCH 15, 1994 14. APPROVING DONATIONS TO ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 15. APPROVING PAYMENT FOR ELECTRICAL WORK CONTRACT #9304 ANTHONY J. POSILLIPO COMMUNITY CENTER 16. APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER 17. SELECTING COUNSEL TO DEFEND LAWSUIT ENTITLED: MATTER OF CERASO V HECKER, ET AL 18. SELECTING COUNSEL TO DEFEND LAWSUIT f ENTITLED: WATSON V ZONING BOARD OF APPEALS If 19. CHECK REGISTER WRITTEN COMMUNICATION 20. STEVEN M. KLEIN, D.D.S./250 WESTCHESTER AVE, P.C. RE: REQUEST TO AMEND SPECIAL USE PERMIT 21. JOSEPH DESANTIS, PRESIDENT OF KIWANIS CLUB RE: D.A.R.E. BREAKFAST APPROVAL OF NIRRUE 22. SEPTEMBER 289 1993 23. OCTOBER 12, 1993 24. OCTOBER 28, 1993 NEXT MEETING DATES FEBRUARY 8, 1994 - AGENDA MEETING - 7:30 P.M. FEBRUARY 15, 1994 - GRIEVANCE DAY - 6:00 P.M. - 10:00 P.M. FEBRUARY 22, 1994 - REGULAR MEETING - 7:30 P.M. MIN MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JANUARY 259 1994 CONVENE MEETING The Meeting was called to order at 7:30 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 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 Joseph Cortese, Village Treasurer was not in attendance at this meeting. 1 U05117 January 25, 1994 COMMENDATION 1. POLICE OFFICER STEVEN GORALICK Mayor Cresenzi presented a Commendation to Police Office Steven Goralick for excellence in Police Work. Officer Goralick escorted a woman to safety when her home was on fire and he is definitely and asset to the Village of Rye Brook and we are proud to have him as a Police Officer. Chief Santoro explained that Officer Goralick was unable to be there tonight as his father-in-law was rushed to the Emergency room, so Chief Santoro accepted the commendation on his behalf. PUBLIC HEARINGS 2. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R9 LOT - MAINTENANCE AREA The public hearing was adjourned to February 22, 1994 by request of applicant. 3. PROPOSED INTRODUCTORY LOCAL LAW #8-1993 ENTITLED: COMMERCIAL VEHICLES Mayor Cresenzi opened the public hearing at 7:35 p.m. Trustee Pellino explained that at the December 28, 1993 meeting many changes were made, mostly pertaining to Junked Motor Vehicles. On Motion made by Trustee Pellino, seconded by Trustee Solomon, the public hearing was closed at 7:40 p.m. TRUSTEE DALY -VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi requested that Attorney Powell have a clean copy of the proposed local law ready for the February agenda meeting so that we could pass the resolution at that time. 4. PROPOSED INTRODUCTORY LOCAL LAW #1-1994 TO REPEAL VILLAGE LICENSING OF WASTE COLLECTORS Mayor Cresenzi opened the public hearing at 7:40 p.m. 2 005118 January 25, 1994 Administrator Russo explained that a correspondence from our Risk Manager Allan Bader was received which gave three points regarding what our liabilities would be if the Village repealed this law. He stated hat under our general liability, the carrier would be totally covered, the Public Officials liability is hesitant o give us a written opinion on this because they don't like to make a blanket statement of coverage and would rather do it on a case by case basis so Mr. Bader is still negotiating this. The third point is Mr. Bader's own opinion that he would prefer not to put ourselves in any increased liability to repeat that requirement. According to the County, the extent of their insurance requirements is Worker's Compensation and Disability Insurance, they don't have any minimum requirements on general liability insurance. Trustee Zuckerman questioned if we ever licensed waste collectors in the past. Administrator Russo replied "no". Trustee Zuckerman questioned if we have suffered any harm as a result of that in terms of lawsuits. Administrator Russo replied "no". Trustee Zuckerman stated that to have that section in the law is just a redundancy and unless we are going to enforce it, we should just remove it. Attorney Powell agreed as did the Board of Trustees. On Motion made by Trustee Pellino, seconded by Trustee Daly, the public hearing was closed at 7:45 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 5. BUDGET MODIFICATION SNOW REMOVAL On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION BUDGET MODIFICATIONS SNOW REMOVAL RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.5142.199 $15,000 3 005 .19 (Contingency) (Overtime/Temp) January 25, 1994 101.1990.424 101.5142.417 $15,000 (Contingency) (Sand/Salt Calcium Chloride) 101.1990.424 101.5142.452 $1,500 (Contingency) (Hired Vehicles W/Plow) TOTAL FROM CONTINGENCY $31,500 Administrator Russo added that so far, we have had fourteen storms that the men had to be called out on overtime for this Winter, which is more than we have had for the past couple of years combined. Mr. Circosta stated that the Winter is doing a number to the pavement so the Highway Department will be out there repairing roads as well. Trustee Pellino stated that Mr. Circosta and the Highway Department have been doing an excellent job this Winter and should be congratulated. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. ENDORSING WESTCHESTER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION 21 SPACE PARKING LOT - GARIBALDI PLACE On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION ENDORSING WESTCHESTER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION 21 SPACE PARKING LOT PROJECT GARIBALDI PLACE/SOUTH RIDGE STREET FY 94-96 WHEREAS, the Village of Rye Brook is a member of the Westchester Urban County Community Development Block Grant Program; and 4 0051420 January 25, 1994 WHEREAS, the Community Development Block Grant Program has been successful in Westchester by )roviding assistance to municipalities; and WHEREAS, the Village of Rye Brook is interested in providing parking on the Village owned land at Garibaldi Place and South Ridge Street for the users of the expanded and enhanced Anthony J. Posillipo Community Center. NOW, THEREFORE, BE IT RESOLVED, that the action is found to be an unlisted action under SEQR and the accompanying negative environmental declaration is adopted; and be it FURTHER RESOLVED, that the Village Board of Trustees hereby approve the application to the Westchester County Community Development Block Grant Program for the development of a 21 Space Parking Lot on Village owned land at Garibaldi Place and Ridge Street for the users of the expanded and enhanced Anthony J. Posillipo Community Center; and be it FURTHER RESOLVED, that the Village Administrator is authorized to take all appropriate steps to submit an application for funding to the Westchester County Community Development Block Grant Program in an amount of $87,270 for the above described purpose; and be it FURTHER RESOLVED, that the Village of Rye Brook will contribute an amount of $37,751 in support sof this project. Trustee Zuckerman stated that in reference to the verification for the SEQR Review, the applicant should be the "Village of Rye Brook or the Board of Trustees," not Administrator Russo. Administrator Russo stated that he usually signs these applications on behalf of the Village of Rye Brook but added that he would have Attorney Powell look into what is appropriate. Trustee Zuckerman stated that Administrator Russo could sign as the responsible officer, however the applicant should be listed as being the Village of Rye Brook. Administrator Russo stated that the grant is connected directly to the Posillipo Center. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5 OU5121 January 25, 1994 7. ENDORSING WESTCHESTER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PLAYGROUND IMPROVEMENT - GARIBALDI PARK On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION ENDORSING WESTCHESTER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION (GARIBALDI PARK - PLAYGROUND IMPROVEMENT) WHEREAS, the Village of Rye Brook is a member of the Westchester Urban County Community Development Block Grant Program; and WHEREAS, the Community Development Block Grant Program has been successful in Westchester by providing assistance to municipalities; and WHEREAS, the Village of Rye Brook is interested in providing playground improvements at Garibaldi Park. NOW, THEREFORE, BE IT RESOLVED, that the action is found to be a Type II action under SEQR; and be it FURTHER RESOLVED, that the Village Board of Trustees hereby approve the application to the Westchester County Community Development Block Grant Program for playground improvements at Garibaldi Park; and be it FURTHER RESOLVED, that the Village Administrator is authorized to take all appropriate steps to submit an application for funding to the Westchester County Community Development Block Grant Program in an amount of $51,383. for the above described purpose; and be it FURTHER RESOLVED, that the Village of Rye Brook will contribute an amount of $20,230 in support of this project. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6 OU5122 January 25, 1994 8. AUTHORIZING GENERAL CODE PUBLISHERS TO PREPARE CODIFICATION OF THE VILLAGE OF RYE BROOK ZONING LAW AS PART OF THE CODE OF THE VILLAGE OF RYE BROOK On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION AUTHORIZING GENERAL CODE PUBLISHERS TO PREPARE CODIFICATION OF THE VILLAGE OF RYE BROOK ZONING LAW AS PART OF THE CODE OF THE VILLAGE OF RYE BROOK RESOLVED, that General Code Publishers is authorized to proceed with the preparation and composition of the Codification of the Rye Brook Zoning Law and update of the index; and be it FURTHER RESOLVED, that the fee for such book is $5,800.00. Trustee Pellino questioned what Attorney Powell's opinion on this was and if he felt that this was timely. Attorney Powell stated that he thinks it is timely, and the problem is that you can't really change the code while you are codifying it. The codification will be arranged for better comprehension. Trustee Zuckerman stated that as part of this fee we will also be receiving pamphlets of the Zoning Code which may be purchased by the residents separately from the entire volume. We already have a separate pamphlet for the subdivision regulations and suggested that it might be feasible to have the Zoning Code and Subdivision Regulations in one volume. Administrator Russo stated that it would probably be better to keep them separate because people may want just one or the other. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. AUTHORIZING GENERAL CODE PUBLISHERS TO SET UP A COMPUTERIZED CODEBOOK FOR THE VILLAGE OF RYE BROOK On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: 7 ®05123 January 25, 1994 RESOLUTION AUTHORIZING GENERAL CODE PUBLISHERS TO SET UP A COMPUTERIZED CODEBOOK FOR THE VILLAGE OF RYE BROOK RESOLVED, that General Code Publishers is authorized to proceed with the preparation and setup of a PC Codebook of the Code of the Village of Rye Brook; and be it FURTHER RESOLVED, that the fee for such services shall be $2,500.00. Trustee Zuckerman stated that this will enable persons to purchase a disk of the Code of the Village of Rye Brook. This will also be helpful to attorney's practicing before the Village. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. SETTING GRIEVANCE DAY FEBRUARY 159 1994 On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION SETTING GRIEVANCE DAY FEBRUARY 159 1994 WHEREAS, the tentative Assessment Roll for the Village of Rye Brook will be completed by the Assessor of the Village of Rye Brook, County of Westchester on February 1, 1994; and WHEREAS, said Assessment Roll may be seen and examined by any interested person until the 3rd Tuesday in February (February 15, 1994) at the Assessors Office, Town Rooms, 10 Pearl Street, Port Chester, New York; and WHEREAS, persons having objections or grievances against the assessments must file with the Assessor of the Village of Rye Brook an application for review not later than the third Tuesday in February; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Assessment Review will meet on said third Tuesday, February 15, 1994 at the Village Office, 90 South Ridge Street, Rye Brook, NY between the hours of 6:00 p.m. and 10:00 p.m. to consider those applications that have been filed on or before that date. 8 005124 January 25, 1994 Trustee Pellino announced that he is unable to attend Grievance Night. Mayor Cresenzi announced that he is unable to attend as well, however the remainder of the Board will be n attendance which will make a quorum. Trustee Zuckerman stated that we should set up a meeting with our Certiorari Attorney prior to Grievance Day to discuss the Board's strategy in handling Grievance Day. Mayor Cresenzi agreed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. SETTING PUBLIC HEARING DATE BLIND BROOK CLUB, INC. - REQUEST TO CONTINUE OPEN SPACE/OPEN AREA EASEMENT Mayor Cresenzi stated that the Blind Brook Club stated that they needed more time to work on the required paperwork necessary for the Board's review and requested that this item be removed from the agenda. Trustee Solomon questioned what they are requesting. Mayor Cresenzi explained that they are asking for an extension of an agreement that is currently in effect now regarding a open space easement on their property. They want some tax compensation for maintaining the open space within the Village. This has been in effect for thirty years. Trustee Solomon questioned if this is something that Mark Tulis should look at since they are asking for tax relief. Trustee Zuckerman explained that Mr. Tulis is only for Certiorari cases and the Blind Brook Club is not asking for tax relief here. It is like a Senior Citizen exemption. Mayor Cresenzi explained that without the agreement in place there would be no way for us to secure those payments so that it is definitely in the best interest of the Village to resolve this and to extend the agreement so that if the property is ever sold in the future, we would be able to recoup the revenue. 12. SETTING PUBLIC HEARING DATE LARIZZA & CAPOCCI CONSTRUCTION CORP. SPECIAL PERMIT/SITE PLAN APPLICATION FOR SENIOR CITIZEN HOUSING DEVELOPMENT AT BOWMAN AVENUE On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: 9 January 25, 1994 RESOLUTION SETTING PUBLIC HEARING DATE LARIZZA & CAPOCCI CONSTRUCTION CORP. SPECIAL PERMIT/SITE PLAN APPLICATION FOR SENIOR CITIZEN HOUSING DEVELOPMENT AT BOWMAN AVENUE RESOLVED, that a public hearing will be held by the Village of Rye Brook Board of Trustees on Tuesday, February 8, 1994 at 7:30 p.m. at the Village Offices located at 90 South Ridge Street, Rye Brook, NY on the application of Larizza & Capocci Construction Corp. for a senior citizen housing development site plan/special permit application; and it is FURTHER RESOLVED, that the Village Clerk shall publish in the official newspapers of the Village a notice of said public hearing at least ten days before such public hearing. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE I E 13. APPOINTING INSPECTORS OF ELECTION VILLAGE ELECTION - TUESDAY, MARCH 15, 1994 On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION VILLAGE OF RYE BROOK INSPECTORS OF ELECTION RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be two (2) Inspectors of Election for each Election District in the Village Election to be held on March 15, 1994 from 7:00 A.M. to 9:00 P.M.; and be it FURTHER RESOLVED, that the following Chairpersons and Inspectors of Election are hereby appointed: #20 Connie Pennucci, Chair 525 Ellendale Ave. PCMS 939-4223 #20 Vinnie Marcucilli 180 Fairview Ave. PCMS 939-6853 #21 Betty Greto, Chair 3 West St. PCMS 939-5491 #21 Beth Bandy 11 Lincoln Ave. PCMS 939-5334 #22 Rita Messina, Chair 808 King St. BBHS 937-1645 #22 Barbara Minnitte 814 King St. BBHS 939-9021 10 005126 January 25, 1994 #23 Judy Uhry, Chair 19 Rock Ridge Dr. RSS 937-1295 #23 Aniela Moore 16 Woodland Dr. RSS 939-7718 M Jean Mendicino, Chair 81 Hillcrest Ave. PCHS 939-5313 #26 Mildred DiSanto 151 No. Ridge St. PCHS 937-5876 #27 Annette Alimena, Chair 440 No. Ridge St. RSS 937-2595 #27 Josephine Aulenti 127 No. Ridge St. RSS #29 Patricia Pagli, Chair 15 Greenidge Ave. RSS 686-4428 #29 Joseph Nardi 10 Woodland Ave. RSS 939-8164 and be it FURTHER RESOLVED, that the following Alternate Inspectors of Elections are hereby appointed: Frances Ford 17 Division St. 9394807 Marie Godano 16 Jennifer Lane 937-5010 Josephine Severi 59 Windsor Rd. 939-4883 Marion Meyer 71 Bowman Ave. 939-2886 FURTHER RESOLVED, that compensation for each Inspector of Elections shall be in the sum of Eight ($8) dollars per hour. Mr. Watson questioned if it is appropriate for Rita Messina to be an inspector given the fact that she has a substantial matter pending before the Board of Trustees and two of the candidates are on the opposite sides. He also inquired, without questioning her integrity, if Jean Mendicino is any relation to Michele Mendicino Daly. Trustee Daly stated that Jean Mendicino is her mother and this did come up a few years ago. She asked Ms. DeMarco to address the question. Ms. DeMarco explained that last year a resident questioned if it would be appropriate for Mrs. Mendicino, who has been an election inspector for more than ten years to be an election inspector. We asked New York State Conference of Mayors, who governs all the actions that we take and it is no conflict of interest in her being an election inspector. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11 005-127 January 25, 1994 14. 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 THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND RESOLVED, that the following donations are hereby accepted: ANTHONY J POSILLIPO RECONSTRUCTION FUND Mr. & Mrs Raymond Nethercott $25.00 47 Hillcrest Avenue Robert & Fran Langworth $25.00 11 Division Street Mr. & Mrs. Dominick Cicoria $25.00 28 Garibaldi Place Marlene Czajkowski $50.00 16 Whittemore Place Silvio & Josephine Severi $50.00 59 Windsor Road Edith C. Niles $150.00 73 Valley Terrace TOTAL $325.00 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14. APPROVING PAYMENT FOR ELECTRICAL WORK CONTRACT #9304 ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROVING PAYMENT FOR ELECTRICAL WORK CONTRACT #9304 ANTHONY J. POSILLIPO COMMUNITY CENTER 12 005128 January 25, 1994 RESOLVED, that payment in the amount of $19,931.00 be hereby approved and made to Capstone Enterprises for costs associated with the construction of the Anthony J. Posillipo Community Center. Trustee Zuckerman questioned if it would be possible to arrange a formal tour of the Anthony J. Po'sitlipo Community Center as the center is nearing completion. Trustee Solomon questioned if Lori and Chris started making plans for the dedication of the center and the party for the opening of the center. He added that the Board may have some suggestions or ideas they would like to add to it. Ms. DeMarco stated that it is a little premature right now to get into a conversation about exactly where we are as far as a formal dedication and a Grand Opening. We have discussed a variety of options but right now our focus is on the construction of the facility and raising the monies necessary to pay for the furnishings and equipment that are required in the interior space. We will keep the Board informed when we have a better handle on when we think we can have the opening as construction progresses. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15. APPROVING PAYMENT FOR GENERAL CONSTRUCTION I CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that payment in the amount of $22,750.00 be hereby approved and made to Marathon Orbit Inc. for costs associated with the construction of the Anthony J. Posillipo Community Center. Trustee Zuckerman commended Ms. DeMarco and Mr. Circosta that there are very few change orders that have been issued on this project, which is very unusual. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13 005123 January 25, 1994 Trustee Zuckerman suggested that the next two items be discussed in Executive Session as they are really legal matters and the entire Board agreed. David Lowenstein of 802 King Street stated that he owns the abutting property south of the Messina subdivision. He understands that there is a road that is planned at that development that if it is completed would run directly through his property and perhaps through his kitchen and received no notices that this was going on until very recently and has living there since May. The attorney representing Mr. Messina eventually discovered that I bought the property and sent the certified letter to my office in New York City rather than to my home at 802 King Street. It seems that was an absence of a good faith effort for him to provide me with proper notification. Mr. Lowenstein stated that the developer should have to pay for the Village's litigation fees as they are the reason that there is a lawsuit. Attorney Powell stated that since the matter is in litigation and it is not really appropriate to respond, only to receive it where it can be discussed in Executive Session Mayor Cresenzi announced that item numbers 16 and 17 will be discussed in Executive Session. 19. CHECK REGISTER On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks: 8219-8284 Payroll Checks: 11940-12017 Manual Checks: 8153, 8154, 8215 & 8217 Environmental: 406 Recreational Trust: NONE Capital: 2115 & 2116 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14 005130 January 25, 1994 WRITTEN COMMUNICATION 20. STEVEN M. KLEIN, D.D.S./250 WESTCHESTER AVE, P.C. RE: REQUEST TO AMEND SPECIAL USE PERMIT Administrator Russo read the letter requesting that his special use permit be amended so that lie can take in another practitioner. Mayor Cresenzi stated that we have the minutes of the public hearing where he clearly stated that he would be the sole dentist on the site. Trustee Pellino agreed and stated that it was clear then and now that there would be one practitioner practicing dentistry in that building at one time in the building. Trustee Zuckerman stated that he was surprised that he would agree to those terms, but he did. He received a call from Dr. Klein regarding this matter and he advised him that the proper procedure would be to amend his site plan application. Administrator Russo suggested that in order to expedite this, we should refer this letter back to the Planning Board tonight. Trustee Zuckerman stated that we cannot refer a letter to the Planning Board. We should write a letter back to Dr. Klein asking if he wants his request referred to the Planning Board. Mr. Circosta stated that at the planning stages, there was no discussion on the number of practitioners that would be on site. They were really concerned with the adequacy of parking and the relationship of the parking to the adjoining properties. Attorney Powell stated that Dr. Klein was advised that this would be the procedure to request an amendment because there is no application form for this type of request. Trustee Zuckerman suggested that we look into this and formalize a procedure and bring this up as a resolution at our February meeting. 21. JOSEPH DESANTIS, PRESIDENT OF KIWANIS CLUB RE: D.A.R.E. BREAKFAST Administrator Russo read the letter requesting that parking and fire lane restrictions be suspended for their D.A.R.E. Breakfast to be held on Sunday, February 27, 1994 from 8:00 a.m. to 1:00 p.m. at the Port Chester Middle School. Mayor Cresenzi and Trustee Zuckerman both stated that they were not in favor of suspending fire lane restrictions. 15 00513.1 January 25, 1994 Mayor Cresenzi questioned if a police officer could be posted there to assist with traffic control on the site. Chief Santoro stated that the police department usually does that and it is no problem to do so. Mayor Cresenzi stated that he recently met with Trustee Comstock from the Village of Port Chester'and expects the fire contract negotiations to be continued. He gave Trustee Comstock some ideas to bring back to Mayor Branca and Mike Graessle. Trustee Pellino stated that he and Trustee Solomon are meeting with Trustee DiRoberto and Trustee Foti on another matter but will try to set up a meeting about fire as well. Mayor Cresenzi added that he attended a meeting in Pleasantville with Administrator Russo and Mike Galante with the New York State Department of Transportation regarding the rebuild of the Hutchinson River Parkway. The final plans and specifications for the job will be ready by July 1996. They are proposing to realign Ridge and King Street and are proposing a traffic signal at that intersection. They are also thinking about a left turn lane going eastbound on King Street to get on the Hutch or Merritt Parkway going North. They are also thinking about a major rebuild of the Hutchinson River Parkway at Ridge Street with a new bridge and about realigning the road and getting rid of the dangerous curve. We told them of our concerns of noise and issues like that. They promise to keep us informed as things develop and they will have at least two public meetings in our area to keep the residents involved. Trustee Solomon questioned if they were going to rebuild the King Street bridge. Mayor Cresenzi replied no, and explained that the State line runs down the middle of the bridge. Trustee Solomon questioned how far down King Street they would be rebuilding. Mayor Cresenzi stated that they will be stopping where the houses start on King Street from the Merritt or the Hutch. They are very receptive to changes and do not plan to force anything on us. Trustee Solomon suggested that we take the appropriate minutes of the meeting and refer them to the Village of Rye Brook Traffic Commission so they can look into this. Mayor Cresenzi stated that he did not mind passing on the information to them, but considering that this is the State Department of Transportation that is doing this, I don't know how much input they could have. We did bring in the Village's Traffic Consultant who already gave his input. APPROVAL OF MINUTES 22. SEPTEMBER 28, 1993 23. OCTOBER 12, 1993 24. OCTOBER 28, 1993 16 005132 January 25, 1994 On Motion made by Trustee Daly, seconded by Trustee Pellino, the minutes of September 28, 1993, October 12, 1993 and October 28, 1993 were adopted. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE NEXT MEETING DATES JANUARY 31, 1994 - AIRPORT MEETING - 7:30 P.M. - P.C. MIDDLE SCHOOL CAFETERIA FEBRUARY 8, 1994 - AGENDA MEETING - 7:30 P.M. FEBRUARY 15, 1994 - GRIEVANCE DAY - 6:00 P.M. - 10:00 P.M. FEBRUARY 22, 1994 - REGULAR MEETING - 7:30 P.M. DISCUSSION Trustee Zuckerman stated that he would like to discuss the Police Alarm fees with Chief Santoro and he added that he would also like to schedule a resolution appointing the Rye Brook Birthday Committee. Administrator Russo stated that he would contact the Chairperson and work on a resolution for the February agenda meeting. Trustee Zuckerman stated that the merchants at the lower level of Rye Ridge Shopping Center are anxious to have the sign installed, especially since it has been approved and suggested that someone mention that to Mr. Merrit. Trustee Solomon questioned when the Hawthorne Avenue Rezone report will be given to the Board. Administrator Russo replied that the proposal should be ready in a week and then we will schedule a public hearing sometime in February. Trustee Pellino stated that New. York American Water Company is coming back for a 6.6% water rate increase, as stated in the letter from Joel Dichter. He stated that we should speak to Sal Celona who is in charge of Water District #4 which was newly organized to look out for the interest of Rye Brook, Port Chester and the City of Rye about fighting this increase. He added that Administrator Russo should also contact Mike Graessle and Frank Culross and discuss the topic on February 8th and also that a copy of the letter be given to County Legislator Paul Noto. 17 . 005133 January 25, 1994 Trustee Solomon questioned if there was any more information on the status of the stipulation negotiations. Mayor Cresenzi stated that we should have more information prior to the airport meeting. Trustee Zuckerman suggested that the Airport Meeting be videotaped. Howard Hoff questioned when the Board would be discussing re-zoning or up-zoning the Byram Ridge area. Mayor Cresenzi stated that we are waiting for a report from Tom Gissen, our plainer who is reviewing the matter. Once we have the report, we will schedule the hearings. Trustee Zuckerman suggested that we tentatively put it on the agenda for February 8, 1994. Mayor Cresenzi stated that it would not be ready by then and that he would rather put it on for February 22, 1994. Penny Randall stated that the We Welcome Kids Program is an after school child care program which has been under the umbrella of the PTA. It came to our attention by the Department of Social Services that this program would have to be either registered or licensed because it came under their heading of a child care program and because of the case in Mount Vernon where lids were being in child care settings, they sent a letter out to every school and organization that deals with child care stating that registration and/or licenses are mandatory. We have recently discovered that this program was never supposed to come under the umbrella of the PTA. I do not know why this was done, as I have not been president of the PTA that long, stated Ms. Randall. We feel that Recreation would be the best place for this program to fall under because then it would not have to be licensed and/or registered. If it comes under the PTA it does. We wrote to the Department of Social Services and told them that we will be looking for other options. They responded back that it would be fine for this to fall under Recreation. This is a totally self sustaining program. The people who use the program, pay for the program. Trustee Pellino questioned if Ms. Randall approached the Blind Brook School District about having this program go under their umbrella. Ms. Randall replied yes and added that they were not interested in taking over that program because of contractual issues which I cannot really discuss. Mr. Ponterio felt that it would be better served through the Recreation Department. Trustee Pellino stated that the Recreation Department is a Village-wide department and this program would benefit the Blind Brook School District portion directly and if it were to come under the auspicious of the Recreation Department it should be open to all children in Rye Brook, regardless of what school they go to. He pointed out that 40% of our households belong to the Port Chester School District. Ms. Randall stated that she did not think that a service that is offered in one school has to be offered in another. For example, the YES program is offered at the Port Chester Middle School and has never been brought to the Blind Brook School system. If District #4 have a totally self sustaining program that serves the needs of their children and they would like to bring it to the attention of the Recreation Department and put it under their umbrella and are willing to maintain it financially, then the Recreation Department should consider it equally. Whether District #5 should serve District #4 kids, I am not sure that I agree with that, Mrs. Randall stated. 18 005;.34 January 25, 1994 Trustee Pellino stated that it is not a case of serving District #5 but of serving the Village. According to ; the paperwork received, there are going to be estimated expenses totalling $17,000.00 between February 1, 1.994 and June. Does this mean that the Village is being asked to put up the money up front and collect monthly fees thereby breaking even in June. Mr. Hroncich stated that in general terms the program is self sustaining. If the Board were to approve us adopting the program, then we would receive the registration monies for the month of February, March, April, May and June. In turn, we would have to pay the salaries for the people that work the program. Ms. Randall stated that for the last year and a half that she has been PTA president, the PTA has given no money for this program at all. Trustee Daly questioned if we have any District #4 children at the drop in center. Mr. Hroncich replied no and added that we have no District #5 children in the YES program. Mr. Pellino stated that he assumes that the reason it works so well at Ridge Street School is because it is self contained in the one building. Chief Santoro stated that we recently got a letter about extending the school guard services until after 4:00 p.m. at the Port Chester Middle School. Ms. Randall added that the Port Chester School system can sometimes be eligible for funding that District cannot get for exactly those services. Trustee Pellino suggested that Michele and Randy discuss this issue with the Port Chester School Board because the problem here is not the perception, but that the Village is taking over a program that is not Ih inclusive of all of our eligible households and Rye Brook children in particular. Ms. Randall stated that if the parents from District #4 want to participate and can get their children to Ridge Street and are willing to pay the required fee, we have no problem with that. Ruth, the Director of the program stated that they currently have 35 children and that they do not have access to the multi-purpose room or the gym; only when it is available. Space is a restriction on the whole program. It was stated that it should be opened to everyone in the Village of Rye Brook, and it is up to them to get to the facility. Recreation programs are based on need and interest and we respond to that. Trustee Pellino stated that School District #4 wanted to participate in the program but could not because of a transportation problem. We should try to find a way to make the program accessible to everyone. Mr. Hroncich questioned if we could adopt We Welcome Kids in Rye Brook and then pursue every school to see that there is the same type of program in other schools in Port Chester and Rye Brook. 19 UU5s3� January 25, 1994 Trustee Pellino stated that he has no problem with that, but he would like to explore that first. He questioned if there is any chance of getting an extension as the documentation says that February 1, 1994 is a turnover date. Perhaps an extension can be given to continue the program until June so that we can get all of these questions resolved. Mr. Hroncich explained that there really is no specific deadline. Mrs. Randall added that she told the Department of Social Services that the PTA was in the process of re- directing the children participating in the program to either other Recreation programs or to get other ideas as to what we might do. The Department is really looking into this and we would like to get them an answer as soon as possible. She stated that if Trustee Solomon and Trustee Daly find that there is a need for this type of program in the other schools, than perhaps she and program director Ruth Richter could help those schools set up the same type of program to serve their population in their school building where they would probably be most comfortable without the transportation issue. Trustee Solomon stated that if the program is jeopardized, it is a very worthwhile program to pick up, as long as there are other types of programs in other schools. Trustee Pellino agreed with Trustee Solomon and explained that he is only concerned with the evenhandedness issue. Leslie Auerbach, a resident who uses this program, stated that if this program did not exist, she would not be able to work and is very concerned with this program being jeopardized. Trustee Pellino questioned what the cost of the program was. Mrs. Richter, the director of the program stated that the cost fluctuates as some parents use the program from 2:30 to 4:30 or 2:30 to 5:00. Also some parents have more than one child in the program. She explained that each parent signs a contract for the year and we require a deposit so that if they decided not to continue on with the program, the deposit is kept. The program is completely costed out and all contingencies are covered. If the staff is not working, they do not get paid, whether they are sick or if there is a holiday. The only costs are the salaries and snacks. Mr. Grippo questioned why the Village should be responsible for this and not the Board of Education. Mrs. Randall stated that in School District #5 they can't take over the school program and subcontract it out. It must be manned by faculty if they take it over to not require registration and/or licensing and the school is not willing to take that program on now. If they did, the faculty would be eligible for the same pay schedule and benefits which would not be cost effective. Mr. Heller stated that this must be open to all residents, not just a segment of the community. He stated that the program seems to be for parents who don't want their kids at home. Mr. Watson stated that Mr. Heller referred to this program as something for parents who don't want their kids at home, which is not true. This is not a babysitting program, but a real need. 20 00,5?36 January 25, 1994 Mr. Heller stated that there are more working parents in the lower section of Rye Brook who need care for their children and they should be afforded the same opportunity. Mayor Cresenzi stated that this is not a matter of two different sections of the Village. We know the needs exist throughout Westchester County and the problem that we have is transportation. The last snowstorm we had, the school was closed early, but the employees of We Welcome Kids were already at Ridge Street and so were the children. The children from other schools would never have been able to get to Ridge Street during that snowstorm. The problem that exists is that it is outside the municipal jurisdiction of Rye Brook. If this was all one school district, this would be a very easy matter to deal with. This is something that we as a Village Board have no control over. Trustee Solomon stated that he and Trustee Daly will contact Superintendent Napoli's Office. We have a letter from the Department of Social Services that says that Recreation Departments can run these programs. Trustee Pellino questioned if Mr. Hroncich looked into the issue of liability with the Village Recreation Department taking over this kind of a program. Mr. Hroncich stated that he would suggest checking with our Insurance Consultant, Allan Bader, however, any time there is an added program, he feels that there would be an increase in liability. Trustee Solomon questioned what type of insurance coverage the program currently has. Mrs. Richter stated that the program is currently under the Umbrella of the P.T.A. Trustee Zuckerman stated that the only letter that the Board has received from the State regarding this program and its possible termination was the one of November 23, 1993 to Ruth Richter. This does not seem to be an emergency situation and no dire consequences will occur if we don't make a decision tonight. Therefore, we have time to look this over and investigate all the questions raised tonight and get the proper answers. By the time September comes around, we can hopefully have a program in place in some way since there is no danger that the program is going to be terminated immediately. Mrs. Randall stated that she is not certain that the program can continue until June and if Recreation does not intend to take this program over, we need to find a way to have this program in place to meet the needs of our population. We really need an answer as soon as possible. Trustee Zuckerman stated that he is sure that within the next month or so, the Board can make its decision on this program, however there is much talk about services being provided to one area of the Village or another area of the Village and I regard the Village Board's function to serve the residents of the Village in every part of the Village. That doesn't necessarily mean that every part of the Village can equally avail itself to the same kinds of services. If we can provide services to even a small section of the Village, I think we should do that. There are places where Village residents cannot use certain recreational facilities that are actually located in the Village of Rye Brook which we are trying to overcome. Our function is to provide services and if we can to do it at a reasonable cost. 21 005137 January 25, 1994 Trustee Solomon requested that Mrs. Richter forward all information/credentials on herself and her staff to the Village Board for review as well. Trustee Daly thanked Mrs. Randall for her presentation and for all those in attendance. Mr. Hroncich questioned if there is an expectation that the Liaison Committee will look into this matter and come up with a response. Mayor Cresenzi replied "yes" and added that the discussions would be ongoing. ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the Board adjourned into Executive Session at 9:40 P.M. to discuss litigation matters. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 17. SELECTING COUNSEL TO DEFEND LAWSUIT ENTITLED: MATTER OF CERASO V HECKER, ET AL On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION SELECTING COUNSEL TO DEFEND LAWSUIT ENTITLED: MATTER OF CERASO V HECKER, ET AL RESOLVED, that the following counsel is selected to defend the lawsuit entitled: Matter of Ceraso v Hecker, et al: Maroney, Ponzini & Spencer. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 22 005138 January 25, 1994 18. SELECTING COUNSEL TO DEFEND LAWSUIT ENTITLED: WATSON V ZONING BOARD OF APPEALS On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION SELECTING COUNSEL TO DEFEND LAWSUIT ENTITLED: WATSON V ZONING BOARD OF APPEALS RESOLVED, that the following counsel is selected to defend the lawsuit entitled: Watson v Zoning Board of Appeals: Maroney, Ponzini & Spencer. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI .VOTING AYE Respectfully submitted, Elizabeth Bottali Secretary to Village Board 23