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HomeMy WebLinkAbout1994-11-22 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING NOVEMBER 22, 1994 i 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION 1. LIBRARY UPDATE PUBLIC BE, 2. PROPOSED INTRODUCTORY LOCAL LAW #12-1994 TO PRESCRIBE BULK STANDARDS IN VARIOUS ZONING DISTRICTS 3. INCREASE IN THE SENIOR CITIZEN TAX EXEMPTION 4. OPEN SPACE EASEMENT FOR BLIND BROOK CLUB PROPERTY TERM OF OFFICE OF MAYOR AND THE BOARD OF TRUSTEES WHETHER THEY SHOULD BE FOUR YEARS AND VILLAGE ELECTIONS SHOULD BE HELD BIENNIALLY IN EVEN NUMBERED YEARS RESOLUTIONS 6. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 7. APPROVAL OF PAYMENT TO CAPSTONE ENTERPRISES, INC. CONTRACT #9303 - PLUMBING 8. APPOINTMENTS TO HIGHWAY DEPARTMENT A. LABORER B. LABORER -9. REJECTING BIDS ON CONTRACT #9407 WINDOW AND DOOR TREATMENTS - AJP 10. AUTHORIZING SNOW REMOVAL & ICE CONTROL AGREEMENT WITH WESTCHESTER COUNTY AUTHORIZING THE 1995 STOP-DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT WITH WESTCHESTER COUNTY 25 i 12. CALLING FOR PUBLIC HEARING RYE CENTER SERVICE STATION HOURS OF OPERATION CHECK REGISTER 14. APPOINTMENTS TO BOARDS & COUNCILS DISCUSSION 15. NOISE ORDINANCE 16. LEITMAN RESIDENCE/58 TALCOTT ROAD SITE PLAN AMENDMENT 17. VETERAN'S CENTRAL COMMITTEE VETERAN'S ME MORAL PARK RESTORATION FUND 18. AMBULANCE CORPS AGREEMENT 26 MINUTES OF A REGULAR MEETING 0()5552 VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 22, 1994 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Deputy Mayor Michele Daly 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 Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Elizabeth Bottali, Secretary to Village Board Thomas Gissen, Frederick P. Clark Associates Village Treasurer Joseph Cortese was not in attendance at this meeting. 1 November 22, 1994 005550 1. LIBRARY UPDATE Alan Bayer, the Library Representative from Rye Brook stated that last year during efforts to strengthen the budget there was concern and questions made by the Trustees As to where the monies go for each of the line services. Tonight we are presenting a fuller description of the value received by Rye Brook for the dollars spent and to be able to be responsive to questions you might have, having served for the past year, he stated that we are fortunate to have this individual library and its professional staff who is concerned with the well being Y of the community. The buy for the dollar is pretty tremendous. He introduced the president of the Board, Rocco Tyrone to give a fuller introduction. Mr. Tyrone stated that they plan to show the operational efficiency, technical advancements and the very prudent investment of the funds received from the municipalities. We have a highly trained and efficient professional staff and serve a very Westchester County and We are the third busiest fibra ty large number of people. ry in Wes only outdone by Yonkers and White Plains. He then introduced Director Robin Lettieri. Ms. Lettieri stated that she has decided to try and bring the library to everyone this evening through a slide presentation. The Port Chester Public Library serves the residents of Port Chester and Rye Brook as well as Westchester County. We have 10,500 registered borrowers, 30% of them being Rye Brook residents. About 2,000 people visit the library each week. The library collection consists of over 77,000 books, hardcover, paperback, g a erback, lar a print, children's, fiction and non-fiction. We also have over 179 magazine subscriptions, music tapes, books on tape, CD's, video's and over 2,000 pamphlets. We have the New York Times on microfilm back to 1965, the Daily Item back to 1868, the Wall Street Journal, States Laws, Martindale Hubbel, the Supreme Court Review, Law Dictionaries and many other legal references and in the packet there is a bibliography of the legal references. There is a job information center, resume writing books and interviewing books. We also provide periodic resume writing workshops. We have an extensive business collection and the bibliography is included in the handout. We have directories and histories of Greenwich Rye, Port Chester and Rye Brook as well as some histories of the older families in Town as well as a collection of historical photographs. When you have a library card it entitles you to use any of the 38 public libraries in the County. The CD Rom has the listing of all the holdings of the 38 public libraries and over five million things are listed on the CD Rom. We have a Data Base On Line Public Access Catalogue which abstracts and indexes over 800 magazines back to 1988 and a newspaper index which indexes eight national newspapers back to 1989. Also the Westchester County Data base is on here with all the college libraries catalogued. The libraries provides the P.C.'s for public use which get a lot of use from Rye Brook residents. It also provides an electric typewriter, an Apple II for children with educational software. There is programming throughout the year for all ages. We provide five preschool story hours each week and the attendance from Rye Brook residents amounts to about 40% Ms. Lettieri added that they also have craft programs during the year as well as two homework helpers each week Monday and Thursday afternoons, two reading clinics each week on Monday and Thursday afternoons for school children in fourth and fifth grade. 2 SII November 22, 1994 555 Ms. Lettieri added that the Library has children entertainers as well as special holiday programs such as a Halloween party. We offer home repair workshops, math workshops, tax assistance programs, consumer outreach as well as chess workshops. The library performs outreach throughout the years in Senior Citizen Centers, business and service organizations. Volunteers also goto the schools andgive talks about the library as well as having classes coming to visit. We also have volunteer to visit the homebound. Ms. Lettieri thanked the Board for the opportunity to give an update on the Library and offered to answer any questions. Trustee Zuckerman questioned what percent of books are circulated to Rye Brook residents. Ms. Lettieri stated that it is about 20 - 30%. i Trustee Zuckerman questioned how large the library building is in square feet. Ms. Lettieri stated that she should have to look that information up and get back to Trustee Zuckerman. Trustee Zuckerman questioned Ms. Lettieri if she felt that she had sufficient room in the current library. Ms. Lettieri stated that she has a wish list and on that list, she would like to have an activities room for the children or a special toy room, and a meeting area. Trustee Zuckerman questioned if all of the on-line needs are being satisfied in terms of technology. Ms. Lettieri stated that we are looking to planning towards the future. Trustee Zuckerman questioned if a computer is able to access the libraries collection. Ms. Lettieri added that additional equipment is on the wish list. PUBLIC HEARING 2. PROPOSED INTRODUCTORY LOCAL LAW #1-1994 TO PRESCRIBE BULK STANDARDS IN VARIOUS ZONING DISTRICTS Deputy Mayor Michele Daly opened the public hearing at 7:40 p.m. Trustee Pellino stated that part of the charge of the Zoning Code Update Committee is to clear up ambiguities in our zoning code, propose additions and deletions. The old nemesis called mean, width and lot depth was a calculated method of determining the acceptable size and area of lots in subdivisions around the Village and a method that has been used until now and is currently part of our zoning code is open to a high degree of interpretation, a lot of argument and needed to be tightened up. 3 005-556 j November 22, 1994 Trustee Pellino added that in looking around in other parts of the County, we found that many municipalities incorporated a relatively simple method of determining mean, width and depth and that was a horizontal circle method and very simply stated that if a lot can contain totally within its boundaries a minimum size horizontal circle diameter and the minimum size is dependent on the zoning district in which the lot is located than, basically, that would determine the acceptable, mean, width and depth of lot without having to go through tortured calculations. The zoning code update committee proposed a draft which was discussed on two separate occasions before this board and what we have come up wa simplified is im lified method that will help the Village and applicants p understand where they really stand in terms of what they can and can't do. This is the purpose of this proposed local law which will eventually replace two lines of the paragraph in each of the zoning districts where currently we have a paragraph identifying ' the minimum size of a lot in each zoning district in the Village.g Currently it reads in three lines, the area, the width and the depth. The width and depth are being replaced b ah horizontal circle and diameter which has to have a diameter of a minimum width Y . for the zoning district. In addition, we are adding a line which identifies minimum frontage requirements on every lot. Currently, the existing zoning code does not provide for minimum frontages and again, that left much controversy in the past on a number of sub-divisions that came before the Village. We also found that using this method would reduce, if not totally eliminate the potential for flag lots in the Village. Flag lots have been discussed in the past and the prior Board had recommended prohibiting but never pursued such prohibition. While this provision of the Bulk Standards law will not do away with flag lots, it will make them fairly uneconomical to consider. In past meetings we have come up with diagrams to show how the law will be implied in various sub- divisions and applications that came before the Village previously. We used lots on Comly Avenue, the Messina Sub-division on King Street and several others. Trustee Zuckerman stated that in addition to adding the two paragraphs, there are a couple of areas where the lot area would have to be added or changed. Before we change acreage or area requirements, we need to limit the bulk standard questions to the horizontal circle. Attorney g g Powell stated that the Board will have to o through the SEQR process. Mr. Gissen stated that with regard to the Hotel Zone, it is his recollection that there are two hotel zones in the Village, one of which is already developed with no developmental potential left and the new law is taylored around the King Street H-1 site. In other words you had a single non-conforming H-1 District and we were now going to make the �' g g g g Y law so that that H-1 lot in the northernp art of Village conforms with the law with regard to the C1 and C1P Zone. The entire zoning update committee looked at it and felt that that district mostly fronts onto King Street and we looked at the lots along there and determined that what existed was good but you don't want to create additional opportunities for subdivisions which would most likely entail additional curbcuts into the area and so the regulations were tailored with the goal of leaving as many of those lots conforming as possible while also reducing further subdivision opportunities in that area. Trustee Zuckerman stated that he had no problem with that concept, but does have a problem with the procedure. 4 00556 November 22, 1994 5 i Trustee Zuckerman explained that we have one hotel zone which consists of 12 acres and it should probably be reduced to twenty but I think we should do that openly and have either a separate part of this hearing devoted to that question alone or handle it separately and the same thing with the other is that I agree that they should probably be changed but that should be discussed separately from going from mean, width and depth. Trustee Daly questioned if Trustee Pellino wanted to separate them. Trustee Pellino stated that he would have preferred keeping them together, but as for the areas that are currently under discussion, we have to set a certain area for those types of parcels. We are not planning on voting on this tonight, but I would like to allow the Village Attorney to explain that a little more at another meeting and see if we can keep these as part of the proposed law. I received a copy of a letter from the County with regard to the bulk standards and would like the opportunity to review their comments and we should probably hold this hearing over to our next meeting and try to deal with the County's concerns and with Trustee Zuckerman's concerns at the same time. Trustee Daly questioned, if, in the past, under section 17, didn't we always have a choice of the Village obtaining 10% of the acreage or a recreation fee. Trustee Pellino replied yes. III Attorney Powell suggested that someone familiar with the zoning and planning issue work on the environmental assessment form. Mr. Gissen stated that he can prepare the long form environmental assessment form and that should address both the issues of the bulk standards, the changes to the horizontal circle and the area changes and I think, if you are asking, that would require a change with regards to the donation of land or a fee in lieu thereof. On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the public hearing was adjourned at 8:00 p.m. to the December 27, 1994 meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI ABSENT 3. INCREASE IN THE SENIOR CITIZEN TAX EXEMPTION Deputy Mayor Michele Daly opened the public hearing at 8:00 p.m. and explained that currently, we have a Senior Citizen exemption on a sliding scale and the maximum is $15,600 and what the State has passed is to raise it to $17,500. It goes down in percentages from a 50% reduction of assessed value down to 10% on a sliding scale from 0 to 25,000 and again, currently we have from 15,600 to 19,800. That would increase our assessed values about $3,500. 5 2 ^' November 22, 1994 005557 FURTHER RESOLVED, that the foregoing increase in the senior citizen tax exemption shall be implemented for assessment rolls prepared on the basis of the taxable status date occurring on or after January 1, 1995. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. OPEN SPACE EASEMENT FOR BLIND BROOK CLUB PROPERTY Deputy Mayor Michele Daly opened the public hearing at 8:05 p.m. Milton Berner explained that this agreement was reached back in 1973 with the Town of Rye and continued until its expiration in 1984. At that time, the agreement was redrawn and modified and the buyer of the 15 acres, 12 of which are in the Village of Rye Brook and 3 in Connecticut, entered into an agreement with Blind Brook Club where the Blind Brook Club paid to the three municipalities the sum of $131,000. The property was then assessed under the exemption of the 1973 agreement. Now we are at a point where the agreement has expired and the 1984 agreement, which was drawn by the Village of Rye Brook and the other two taxing units has expired and we now request that we enter into a new twenty year agreement with some modifications to the old one. For a point of information, Mr. Berner pointed out that he had no involvement with the second agreement that expired in 1984. Particularly, Blind Brook Club has agreed in the proposal, that it would pay back, in the event that there was a sale of the property, at any time between the time that the agreement commences and expires, five years of taxes to the three municipalities. That would mean a payback of $232,296.00. The Blind Brook Club has commited themselves, in this agreement, to a situation where they would not build on the property, the property is zoned either PUD or an R20 and with the population across the road at the Arrowwood with 143 units, Blind Brook Club is going to covenant that they would not build on that property for twenty years. In addition, they don't have the need for any police services but they do have a need for fire services. We think that to preserve the integrity of the northern section of the community, it is a reasonable proposal that is being brought to this Board tonight under section 247 of the Municipal Law which he read aloud to the Board. He pointed out that the Rye Brook North Study was undertaken to show what the future of the community would look like. 161 acres which the Blind Brook Club owns, goes back in time and the buildings on the property would continue to be assessed at the regular formula and in any event, there is a genuine desire to keep that as pristine as possible. There is also a commitment on the part of the Blind Brook Club that they have no intention of selling and that categorically, there are no negotiations going on and they intend to keep it as a Not for Profit club. This club is made up of a very prestigious membership and has encouraged the fact that we should form a liaison committee or an informal committee to discuss long range uses of the club. None of us can predict what will happen in the future but it has not been unaccustomed in the Westchester Community where there has been acquisition of private clubs. I am not saying that we have any intentions of selling the clubs, but this should be taken into consideration. We now have before the board, a proposal which needs some refinement from the Village Attorney to request for funding the twenty year abatement in taxes to the extent of the exemption based upon the fact that it will be kept open land. He thanked the Board of Trustees for their time and offered to hear any comments or answer any questions. 7 j November 22, 1994 005558 Trustee Zuckerman questioned if it were correct to say that if the property is sold in the ensuing twenty years, the Village would be entitled to the taxes due from the time of the commencement of this agreement to the time of sale plus an additional five years going backwards. Mr. Berner stated that Trustee Zuckerman was correct. Trustee Zuckerman stated that the Blind Brook Club represents the largest piece of undeveloped land in the Village and personally welcomes the opportunity to discuss on a long range basis the future of the club and its relationship with the Village. Trustee Daly questioned if Attorney Powell was comfortable with the language. Attorney Powell suggested an Executive Session take place with Mr. Berner, the Board of Trustees and himself to discuss some of the language. Administrator Russo suggested that it take place on December 6, 1994 at 6:00 p.m. and the Board of Trustees, Attorney Powell and Mr. Berner agreed. On Motion made by Trustee Daly, seconded by Trustee Solomon, at 8:20 p.m. the public hearing was adjourned to the Agenda Meeting on Tuesday, December 13, 1994. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Solomon, seconded by Trustee Pellino, an Executive Session will be held on December 6, 1994 at 6:00 p.m. to discuss the Blind Brook Club Agreement. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. TERM OF OFFICE OF MAYOR AND THE BOARD OF TRUSTEES WHETHER THEY SHOULD BE FOUR YEARS AND VILLAGE ELECTIONS SHOULD BE HELD BIENNIALLY IN EVEN NUMBERED YEARS Mayor Cresenzi opened the public hearing at 8:20 p.m. Trustee Zuckerman stated that he would like to make a motion to separate the terms of Mayor and Trustees so that we have two separate resolutions, one for the extension of the term of office of Mayor and one for the extension of the term of office of Trustee both of which should be held biennially in even numbered years. The second motion would be to hold a referendum on both of these questions to be held on the March 21, 1995 Village Election so that we may leave it up to the public. 8 i November 22, 1994 00555J i Mr. Heller stated that he is very happy to see that the Board is bringing this very important matter to the public for a referendum rather than making a decision on its own. He would also ask at this time, that the Board also consider putting term limits on the vote as well so the people can also express themselves on that. Mayor Cresenzi stated that he is opposed to term limits. If the public is dissatisfied with the Board members we can be removed from office at any time. Mr. Heller stated that he understands that, but the national trend right now is term limits. This is basic democracy, and I am not against people running for office but I do think that several terms is too long. Mayor Cresenzi stated that he would consider the concept of tern limits on a national level where the elected officials are far removed from the people. Sometimes they don't get back to their own Districts or States in a timely manner and that is a different issue. We, on the other hand manage to be found in the Food Emporium and are here twenty four hours a day and are a lot more accountable to the people than anyone on State, County or Federal level. He stated that he would not be in favor of putting term limits on the ballot. Michael Borrelli of 21 Magnolia Drive stated he agrees with Mr. Heller regarding the issue of term limits and one of the reasons is that the Board of Trustees themselves recently put limitations on the advisory councils and the other Boards that serve under the Board of Trustees so I don't see why we can't let the people make that choice. We are going through the expense of putting it up for referendum so lets go the whole nine yards and let the people decide if we want more than eight years. I think eight years is enough. Let the people decide if they want some new blood in there. Trustee Solomon stated that he has not really made up his mind about term limits yet however it seems to me that if a person wants to volunteer or donate their time to the community and the Community chooses to accept it, I don't see why you should put a limit on that. We are not career politicians up here, we do not get paid, we are all just volunteers. Trustee Pellino stated that at the local level, he is opposed to term limits. It should not be the same at a local level such as the Village and Town levels, which are different than the County, State and Federal levels where the officials are far removed from their constituents. As Mayor Cresenzi stated, all of us are accessible, we are here two Tuesday's each month and you will probably run into one of us in the Supermarket every now and again. Term limits serve to discourage people from going to the polls. If you do an analysis, you will probably find that anywhere from slightly under 25 - 35% of the registered voters in Rye Brook have voted for or against their Village Board in past elections. The perception and possible attitude that a term limit at the local level will bring to residents is that there is no need go out and vote because the Trustee or Mayor that gets elected will be out in four or two years anyway. 9 November 22, 1994 00 560 i Trustee Pellino stated that the best way to make your feelings known as to whether you are supporting the Board that is in control of the situation is to go to the polls on Election Day and if you want to impose a term limit, you simply vote that way. It does not have to take legislation to control the limit of a term. On made by Trustee Solomon, seconded by Trustee Zuckerman, the public hearing was adjourned at 8:35 p.m. to the December 27, 1995 meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 6. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND RESOLVED, that the following donations to the Anthony J. Posillipo Community Center Reconstruction Fund are hereby accepted: ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND NAME AMOUNT Mr. & Mrs. Jeffrey Schlein $250.00 Schlein Foundation, Inc. 23 Sleepy Hollow Road Rye Brook, NY 10573 TOTAL...........................................................$250.00 Trustee Solomon asked how much was raised so far. Ms. DeMarco stated that it was in the area of $25,000 and with the Crafts Fair that we are planning, we anticipate another $800 or so coming in to the Village. 10 November 22, 1994 005561 Trustee Pellino proposed that the Board consider holding a Village Board meeting at the Anthony J. Posillipo Community Center some time soon to present it to the community in the form of a Village Board meeting and perhaps the Mayor can take the community on a video- taped guided tour. Mayor Cresenzi stated that we can pick a date in January to do this. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. APPROVAL OF PAYMENT TO CAPSTONE ENTERPRISES, INC. CONTRACT #9303 - PLUMBING On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION APPROVAL OF PAYMENT TO CAPSTONE ENTERPRISES, INC. CONTRACT #9303 - PLUMBING RESOLVED, that payment in the amount of $950.00 is hereby approved and made to Capstone Enterprises, Inc. for Plumbing work related to 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 Trustee Zuckerman requested that at the next meeting, Mr. Circosta update the Board with the charts on all of the Contracts for the Posillipo Center such as the total amount of the contract, how much is paid to retainage and a statement as to when the statement will be released and how much interest we are getting on the retainage. Mr. Circosta replied yes. 11 i November 22, 1994 005562 8. APPOINTMENTS TO HIGHWAY DEPARTMENT A-LABORER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION APPOINTMENT OF LABORER HIGHWAY DEPARTMENT RESOLVED, that Ralph A. D'Ottavio of 447 Westchester Avenue, Port Chester, New York, be hereby appointed to the probationary position of Laborer at a salary of $35,805 with the Village of Rye Brook; and it is FURTHER RESOLVED, that the probationary period for the position shall be twenty-four months effective on the commencement date of November 28, 1994. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. APPOINTMENTS TO HIGHWAY DEPARTMENT B-LABORER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION APPOINTMENT OF LABORER HIGHWAY DEPARTMENT RESOLVED, that Michael W. Viapiano of 311 Anita Lane, Mamaroneck, New York, be hereby appointed to the probationary position of Laborer at a salary of$35,805 with the Village of Rye Brook; and it is FURTHER RESOLVED, that the probationary period for the position shall be twenty-four months effective on the commencement date of November 28, 1994. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Pellino pointed out that both appointments are replacement for retirees, not additional staff. 12 i November 22, 1994 005563 9. REJECTING BIDS ON CONTRACT #9407 WINDOW AND DOOR TREATMENTS - AJP On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION REJECTING BIDS ON CONTRACT #9407 WINDOW AND DOOR TREATMENTS - AJP RESOLVED, that all bids on Contract #9407 for AJP Window and Door Treatments are rejected and the Village is authorized to negotiate prices with suitable vendors for presentation to the Board of Trustees. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. AUTHORIZING SNOW REMOVAL & ICE CONTROL AGREEMENT WITH WESTCHESTER COUNTY On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING SNOW REMOVAL & ICE CONTROL AGREEMENT WITH WESTCHESTER COUNTY RESOLVED, that the Village of Rye Brook is authorized to enter into a municipal cooperation agreement with the County of Westchester for the period of October 1, 1994 to September 30, 1997 for snow removal and ice control upon County roads upon the following annual rates which are subject to "CPI" increases up to 2.75%: Without "208" Incentive $1350 per mile for 2 lane roads $1755 per mile for 3 lane roads $1960 per mile for 4 lane road With "208" Incentive $2025 per mile for 2 lane roads $2630 per mile for 3 lane roads $2940 per mile for 4 lane roads and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. 13 November 22, 1994 005584 Trustee Daly questioned what "208" was. Mayor Cresenzi explained that it has to do with how the salt is stored. Administrator Russo added that if we put up a salt shed, we would qualify for the higher amount. He further stated that this a 35% increase over the rates in the past, which has been our complaint for the past few years. Trustee Zuckerman questioned what the possibility was of renegotiating this contract on terms more favorable to the Village. The Board replied that it is impossible. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. AUTHORIZING THE 1995 STOP-DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT WITH WESTCHESTER COUNTY On Motion made by Trustee Solomon, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING THE 1995 STOP-DWI PATROL PROJECT AND TRAINING REIMBURSEMENT CONTRACT WITH WESTCHESTER COUNTY RESOLVED, that the Village of Rye Brook is authorized to enter into the 1995 Stop-DWI Patrol Project and Training Reimbursement Contract with Westchester County for the term of January 1, 1995 to December 31, 1995 colder which the Village would receive reimbursement in an amount not to exceed $15,000.00 for the Village's participation in the program; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14 November 22, 1994 5565 12. CALLING FOR PUBLIC HEARING RYE CENTER SERVICE STATION HOURS OF OPERATION On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON THE RYE CENTER SERVICE STATION 101 SOUTH RIDGE STREET HOURS OF OPERATION RESOLVED, that the Board of Trustees shall hold a public hearing on December 27, 1994 at 7:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, New York on an application of The Rye Center Services Station requesting permission to extend its hours of business. Trustee Zuckerman directed Administrator Russo to alert the members of the Planning Board n and have them attend this public hearing to discuss the action of the Planning Board with regard to this application. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator; On Line Checks: 10145-10234 Pre Paid: 993, 10141, 10142, 10143 Payroll Checks: 14375-14472 Environmental: 444 Recreation Trust: NONE Capital: 2245-2258 Birthday Run: NONE 15 i November 22, 1994 -005566 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes.payment thereof. Administrator Russo announced that a modification to this resolution must be made to properly reflect the Account number on the Capital for the payment for the resurfacing be changed to 5110.200 instead of the .500 which is the A.J.P. Account. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 15. NOISE ORDINANCE Attorney Powell stated that the basic point that he was trying to make in the memo is that the adoption of a noise control law with decimal level standards sounds attractive, but may not be attractive or effective to enforce because the only way you can enforce it is with specialized equipment and the Police Officer must be there when the sound is heard. You have to measure sound from a distance and there are a lot of issues in noise control, many of which are very technical. Mayor Cresenzi stated that what we have on the books now has to do primarily with construction. We have some dealings with deliveries and so forth but I know the residents around the shopping center complained about very loud parking lot cleaning equipment doing their work at 3:00 a.m. How do we put something together to prohibit that. Should we prohibit the activity .rather than the noise. Attorney Powell stated that is the choice the Village has to make. Trustee Pellino stated that the key word is regulation. Hours of operation of certain equipment and possibly even tying the regulation to the zoning district in which it is located because there is something to be said for the fact that you, most probably would have more noise generating equipment in a commercial or industrial district than you would in a residential district and those folks who live in a residential district that borders one of those other districts are exposed to that higher level of noise activity, such as air conditioners at Edwards and trucks backing up with the loud beepers, etc. It is not really practical for us to prohibit the activity in the sense that you can't do it any time, but regulate it in such a way that it is enforceable. I would definitely not prohibit the use of certain types of equipment, but only regulate it in terms of the hours of operation in which you are allowed to use them. 16 November 22, 1994 00556 ? Trustee Daly stated that she feels that the law is sufficient in some areas and when we do move our offices up to Upper King Street, we too, are going to be under the realm of possibly generating noise to the residents also so I think that we should try to be as fair as possible. Trustee Zuckerman stated that right now we do have a noise ordinance that says that there shall be no unnecessary noise, which I view as being patently unconstitutional and I feel that we cannot enforce that kind of a law. I would like to see us have two sections contemplated to be added to the noise code. One dealing with the kinds of commercial activities that Trustee Pellino referred to and the other dealing with gardening equipment, for example, I don't think that residents would object to gardeners coming in with lawnmowers and blowers at 8:00 a.m. or 9:00 a.m. on a weekday or a Saturday, but they might object to them doing it at 6:00 a.m. on a Sunday morning. Those are two different types of questions that need to be approached. We need to get public participation and input as to what the residents think is best for the Village. Ken Heller stated that he agreed with Trustee Pellino that prohibition is not the answer, especially since in Rye Brook most of the properties are larger and cannot be cleaned up in a reasonable amount of time without burdening the residents with excessive costs. Trustee Daly stated that this stemmed from 200 South Ridge Street and the noise that exists at all hours of the night, not with residents maintaining their properties. I Trustee Pellino stated that if we get the area residents as well as the merchants together and have a discussion, perhaps we can get the dawn deliveries made at the rear of the stores. Terry Mitchell stated that the Chief of Police has been very helpful and these constant offenders have been contacted but they just keep doing it. Chief Santoro stated that they have suggested to them on numerous occasions to purchase carts with rubber wheels. Trustee Daly questioned why they can't be given a summons for unnecessary noise. If they have to go to court once in a while, maybe they would listen. Trustee Zuckerman stated that we need to change the wording in the law. Mr. Lanzilli stated that if they give these offenders a ticket, the Police need to have something to go to court with that will back them up. Mayor Cresenzi stated that the only way to do this is to regulate the time that things can start and have to stop by which will be easy for everyone to understand. Edwards has been very cooperative and so have most of the other stores. We don't really know if the management cares and we don't have any teeth in the law now to do anything. We need to research this and come up with a local law for everyone to understand. 17 ii November 22, 1994 005568 16. LEITMAN RESIDENCE/58 TALCOTT ROAD SITE PLAN AMENDMENT Administrator Russo stated that we have an application for construction on one of the homes on Talcott Road and being that we have a site plan approval on this development we were somewhat unsure on how a proposal like this to modify the footprint on one of the buildings should be perceived. Mr. Gissen, who has been researching this is present this evening to discuss his view on the matter. Mr. Gissen stated that it is an application to expand an existing single family home within the Talcott subdivision which was approved as a cluster subdivision by the Town of Rye. When a cluster subdivision is approved, it overrides the local zoning and in this case, it appears that for the individual homes there were no setback requirements for the lotlines incorporatedorated into the approval other than a single 70 foot setback from the perimeter of the existing subdivision to protect the existing neighbors around the subdivision. We have been researching the files which mostly date back to the Town of Rye. Resolutions in those days were not written as tightly or thoroughly as they are today. The Planning Board sent a letter to the Town Board recognizing this weakness in the approval and that there were no setback requirements for a house to an individual lot line. In a letter dated October 16, 1976 to the Town Board, the Planning Board Chairman Morton Corwin wrote that the Planning Board met with the developer on August 12, 1976 and had approved the site plan subject to the following conditions and recommendations. Number four of those conditions reads as follows: "The developer will submit, subject to the approval of the Planning Board, a means by which the Town will be provided with enforceable limits against homeowners who wish to expand their residences". He called it a site plan, but in fact, it was actually a subdivision approval and there is confusion throughout the resolution between subdivision and site plan. The following day, August 17th, the Town Board adopted a resolution of approval for the project and identified the Planning Board's letter and actually includes that letter in its resolution and it goes on to state in its resolution referring to all of those conditions and at the end states: All of which are now incorporated.into the plan which has been approved." Unfortunately, the resolution doesn't reference the date of the approved plat, the plat that is in the Village Office may not be the final plat, and the Village Office does not appear to have the October 16, 1976 plat which is referenced on the applicants plan. We believe that we will have to go to the County and see what they have as a filed plat so as to determine if that enforceable means has been carried on as a note onto the plan. The language is a little unclear, it may just mean that they were using that general language in the resolution of approval. We recommend that we find out what the County has on file and unless there is a note to the contrary on the filed plat, it seems reasonable to draw the conclusion that the change to the footprint, the approval authorities that the Town Board has that your Board would now have would be as a subdivision amendment affecting that lot only. In essence, you would be amending the subdivision but for lot 29 alone. Under the subdivision regulations of the Village it states that if at any time the Board of Trustees desires a recommendation from the Planning Board with respect to a subdivision application, the Board of Trustees shall request such. We believe that the appropriate methodology is to do a subdivision amendment which the Village Board typically has referred to the Planning Board but which in this case is really a policy decision for the Board to make. Mayor Cresenzi questioned when Mr. Gissen would have the information available. 18 j November 22, 1994 005561 Mr. Gissen replied that the information could be ready by the December 13, 1994 meeting if the Board chooses. Trustee Pellino stated that because of the fact that there was so much controversy over the additional eight or ten homes many years ago, is there some way to dig back into the records to determine if there was a restriction on putting additions on those homes. Mr. Gissen stated that they were concerned about that and that is reason why it had to come back for some type of review. It doesn't appear to be an absoluteprohibition but rather that the Village wanted to retain control so that someone could not use their lotlines as their building footprint. The lot lines are very tight around all the houses and therefore, the impact is less one on the open space because you can't go beyond your lot line anyway. The potential impact could be where someone is building sizably up to their lot line and having a significant negative impact on their neighbor on building a house right up to where their neighbors deck is only four feet off and you have blocked out their light. Mayor Cresenzi stated that we should develop some standards so we can deal with this one and that in turn will set the groundwork for any future development or extensions. Trustee Zuckerman stated that he has a letter from the Talcott Homeowners Association approving the extension. He stated that he did not know what bearing that would have and suggested that the home with the proposed change should formally notify the surrounding homeowners that a change would be coming and he did not know if the homeowners association has that kind of thing in their bylaws or not but as a member of this board the procedure that we would normally follow to obtain a variance should be followed in this case so that surrounding homeowners are advised of the proposed change and have a chance to comment on that. He suggested that this be part of the standards. Trustee Pellino questioned if it would be appropriate to look into what covenants run with the deeds to those properties. Mr. Circosta stated that the Talcott Homeowners Association would give approval for the expansion if in deed there was some type of covenant. Trustee Pellino suggested that it be looked into. Bob DiLorenzo of Universal Construction stated that he was here on behalf of the Lietman's and that the addition is only a small one and is not encroaching on any open space. Trustee Pellino stated that he only wondered if there might have been a restriction on additions. Mr. DiLorenzo questioned if he was the first person to come in with an addition at Talcott. Mr. Circosta stated that permits have been issued for additions at Talcott, however, in all cases, they have been within the footprint of the house. 19 i November 22, 1994 005570 Mr. DiLorenzo stated that we pushed the building out close to the property line but is still not closer than any other existing corner on that existing lot. I tried to not get any closer than the closest property line on the other side of the house. Trustee Zuckerman stated that he thinks that this Board is worried about other property owners wanting to do the same thing and we need to establish a procedure because unfortunately, no procedure exists. Mayor Cresenzi suggested that Mr. Gissen look into the matter and get back to the Board and stated that we would try to have as much information available on the matter at the December 13, 1994 agenda meeting. Milton Berner stated that Mort Corwin has a great memory for what took place when Talcott was approved and suggested that the Board contact him and see what he has to say. 17. VETERAN'S CENTRAL COMMITTEE VETERAN'S MEMORIAL PARK RESTORATION FUND Administrator Russo stated that the Veteran's Central Committee believes that they have not received $5,000 of the $10,000 pledged by the Village of Rye Brook and they also mentioned other pledges that they did not receive the total amount of as well. The issue that has come up is that we have paid $5,000 to them and the question is what commitment did the board make. Mayor Cresenzi questioned how we conveyed the payment and inquired where the copy of the approval resolution was for the original $5,000. Administrator Russo stated that he does not remember when the Board approved that resolution and he would have to locate that resolution. He did remember being informed of the results of the discussion that was had between the Village Board and the representatives of the committee which was that the Village would fund $5,000 and then based on their needs after all of there fundraising efforts were through, the Village would then, at that time, consider an additional contribution. Mayor Cresenzi stated that he has the same recollection. Administrator Russo stated that he would locate the original resolution and minutes of that meeting for the December 13, 1994 agenda meeting. 18. AMBULANCE CORPS AGREEMENT Administrator Russo stated that he has not received any communications with regard to the results of the agreement until yesterday, which was in the form of a communication from the Village of Port Chester. He received a cc of a letter to the City of Rye from the Village of Port Chester communicating to them that they had enclosed the contracts for their signature and then the City of Rye is instructed to pass them on to our Board for ratification and signature and it includes the proposal of the ambulance corps for 75% of the subsidy from the municipalities to be split equally and 25% on population. When all the information is received, it will be placed on the next agenda. 20 i November 22, 1994 005571 ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the Board adjourned into Executive Session at 9:30 p.m. to discuss item #14 regarding Appointments to Boards and Councils. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RECONVENE The Board reconvened to public session at 10:00 p.m. to adopt item #14 regarding Appointments to Boards and Councils. 14. APPOINTMENTS TO BOARDS & COUNCILS On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ADVISORY COUNCIL ON PARI{S AND RECREATION RESOLVED, that Section A258-8 Membership of the Constitution of the Advisory Council on Parks and Recreation be hereby amended to add the following sentence to the end of this section to read as follows: "The initial appointments shall be made on a staggered basis to provide for 3 members to be appointed for a two (2) year term, and four (4) members to be appointed for a three (3) year term." and be it FURTHER RESOLVED, that the following residents be hereby appointed as members of the Advisory Council on Parks and Recreation for the term indicated: Richard Buzin of 6 Mark Drive David Ponterio of 7 Concord Place Marcia Rogull of 65 Talcott Road a two Y For o ear term; and Anthony Provenzano of 31 Valley Terrace John Gross of 16 Holly Lane Paul Levinson of 312 Betsy Brown Road Joseph Askinasi of 69 Country Ridge Drive For a three year term; and be it FURTHER RESOLVED, that Marcia Rogull be hereby appointed Chairperson. 21 November 22, 1994 0 0 Or 5'7 2 RESOLUTION ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED, that Stephanie Follick of 27 Country Ridge Drive be hereby appointed as a member of the Advisory Council on Environmental Conservation for a three year term to expire on the first Monday in April 1997; and be it FURTHER RESOLVED, that Michael Siegel of 22 Pine Ridge Road be hereby appointed as a member of the Advisory Council on Environmental Conservation for a three year term to expire on the first Monday in April 1997; and be it FURTHER RESOLVED, that Ricki Haas of 15 Lawridge Drive and Kenneth Heller of 22 Lincoln Avenue be hereby re-appointed as members of the Advisory Council on Environmental Conservation for a three year term to expire on the first Monday in April 1997, and be it FURTHER RESOLVED, that Jennifer Fissekis of 21 Argyle Road be hereby appointed Chairperson. RESOLUTION ZONING BOARD OF APPEALS RESOLVED, that Mark Harmon of 16 Hillandale Road be hereby appointed as a member of the Zoning Board of Appeals for a three year term to expire the first Monday in April 1997; and be it FURTHER RESOLVED, that Jay Fidler of 23 Churchill Road be hereby re-appointed as a member of the Zoning Board of Appeals for a three year term to expire the first Monday in April 1997. RESOLUTION PLANNING BOARD RESOLVED, that Harry Krausman of 6 Candy Lane be hereby appointed as a member of the Planning Board for a three year term to expire on the first Monday in April 1997; and be it FURTHER RESOLVED, that Paul Feinstein of 6 Robins Roost be hereby appointed as a member of the Planning Board for a three year term to expire on the first Monday of April 1997; and be it FURTHER RESOLVED, that William Aughavin of 16 Mohegan Lane and Floyd Caplan of 4 Holly Lane be hereby re-appointed as members of the Planning Board for a three year term to expire on the First Monday of April 1997. 22 November 22, 1994 0()5573 RESOLUTION TELECOMMUNICATIONS COMMISSION RESOLVED, that Marc Goldstein of 29 Bonwit Road, Pamela Kaplow of 20 Dorchester Drive and Myron Pollack of 24 Holly Lane be hereby re-appointed as members of the Telecommunications Commission for a three year term to expire on the first Monday in April 1997. RESOLUTION TRAFFIC COMMISSION RESOLVED, that Harvey Schiller of 26 Meadowlark Road be hereby re-appointed as a member of the Traffic Commission for a three year term to expire on the first Monday in April 1997. RESOLUTION I TREE COMMITTEE RESOLVED, that Anthony Sciandra of 1 Wyman Street be hereby re-appointed as a member of the Tree Committee for a three year term to expire on the first Monday in April 1997; and be it FURTHER RESOLVED, that Anthony Sciandra be hereby re-appointed Chairman. RESOLUTION YOUTH COUNCIL RESOLVED, that Pat Wagner of 8 Woodland Avenue be hereby re-appointed as a member of the Youth Council for a three year term to expire on the first Monday in April 1997. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 23 i November 22, 1994 005574 ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the meeting was adjourned 10:05 p.m. 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 the Village Board 24