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HomeMy WebLinkAbout1994-12-13 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING DECEMBER 13, 1994 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. OPEN SPACE EASEMENT FOR BLIND BROOK CLUB PROPERTY DISCUSSION 2. REQUEST FOR SIGNAGE 200 SOUTH RIDGE STREET REVCO DRUGS RESOLUTIONS 3. RECOMMENDATION ON RECREATION FEES 4. AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE RESURFACING OR RECONSTRUCTION OF STREETS IN THE VILLAGE OF RYE BROOK PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK 5. REFERRAL TO THE PLANNING BOARD HAROLD LEITMAN/58 TALCOTT ROAD SECTION 1, BLOCK 5H, LOT 29 SITE PLAN AMENDMENT G. INTERMUNICIPAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES AND EMERGENCY MEDICAL TRANSPORT AGREEMENT 7. CALLING FOR PUBLIC HEARING STROMBERG SUBDIVISION APPLICATION 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 S. K & M REALTY GROUP SITE PLAN DEIS SCOPE 9. CHECK REGISTER WRITTEN COMMUNICATION 10. ROBERT P. MASCALI, ESQ. GIOFFRE & GIOFFRE PROFESSIONAL CORPORATION RE: REQUEST TO POSTPONE PUBLIC HEARING ITEMS FOR DECEMBER 27, 1994 1. PROPOSED INTRODUCTORY LOCAL LAW #12-1994 TO PRESCRIBE BULK STANDARDS IN VARIOUS ZONING DISTRICTS 2. 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 3. STROMBERG SUBDIVISION APPLICATION 62 BOWMAN AVENUE 4. RYE CENTER SERVICE STATION HOURS OF OPERATION a MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK DECEMBER 13, 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: r Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: t c Christopher J. Russo, Village Administrator { Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Thomas Hroncich, Superintendent of Recreation & Parks Kenneth E. Powell, Village Attorney i Thomas Gissen, Frederick P. Clark Associates Elizabeth Bottali, Secretary to Village Board v Village Treasurer Joseph Cortese was not in attendance. i `r f 1 December 13, 1994 0 C 5l)7 G PUBLIC HEARING 1. OPEN SPACE EASEMENT FOR BLIND BROOK CLUB PROPERTY Deputy Mayor Michele Daly opened the public hearing at 7:30 p.m. and introduced Milton Berner, attorney for the Blind Brook Club. Mr. Berner gave a brief overview of the Open Space Agreement as it existed until June 1994 and then suggested if the Board did not have any questions that they close the public hearing and refer the agreement to Village Attorney Ken Powell for his review. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, 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 DISCUSSION 2. REQUEST FOR SIGNAGE SOUTH RIDGE STREET/REVCO DRUGS Mr. Circosta stated that everything will stay the same, including the size. The only thing that will change is the name. Trustee Zuckerman stated that we should see if we can do something to prevent lighted signs from being in the Village, especially neon signs lighted from the inside. Mr. Gissen stated that business hours, particularly, this time of year, extend into the j evening hours and the people have a commercial free speech right to be identified. Trustee Zuckerman agreed but stated that we can regulate the identification. The thing ! I object to personally, is flashing neon signs. I am not saying to band lighted sign, I just r don't want the Ridge Street area of Rye Brook to become a mini Las Vegas. ! Trustee Pellino stated that the current sign law was designed to discourage in terms of the percentage of coverage on a building, on a window face of a sign whether it is lit or not. Daytime signs can be gaudy also if they are plastered over 100% of a window. Trustee Zuckerman stated that he is worried about the lighted signs known as neon signs and I don't think that the law really covers that. Trustee Pellino stated that the law covers lit signs in so far as moving lights which are not allowed but we don't have anything specific that says you can't have neon signs in your window as long as the area which those signs cover is within the area regulations. 2 December 13, 1994 005577 Mr. Circosta questioned if the Board had any problems with allowing the sign change. The Board agreed to approve the sign change. RESOLUTIONS 3. RECOMMENDATION ON RECREATION FEES Mr. Hroncich stated that in 1993 we had 16 Men's Softball teams and in 1994 we had 11 teams so we have lost money from 1993. A recommendation was made for an increase so that we would at least break even with the Men's Softball program. Drop in center registration is not as high as we would like it to be and we would like to offer a fee for the remaining months of the school year, January - June at $200 to encourage more registration and also we wanted to offer a discount certificate of $5 to the members of the Drop In Center who bring in another member for the remaining period of the school year. Trustee Pellino questioned how many children were enrolled in the drop in center. Mr. Hroncich replied that there were 18 children currently enrolled. Trustee Daly questioned if perhaps the price for the drop in center is too high and if it were lower we might have more children. Mr. Hroncich stated that in 1993 we had 55 children and in 1994 we had 30 children enrolled. I don't think our price is prohibitive. It is very reasonable especially when we look at other programs that are offered after school. When Steve Kandilakis was a Recreation Leader, he put a lot of time into the Drop In Center and the children at the Drop In Center. Last year we had a part time individual running the drop in center who had some difficulty with the people and now there are other people working there who seem to have a better time relating to the children. Maybe this is the aftermath of what went on this past year. p Trustee Solomon questioned if Mr. Hroncich anticipated the drop in center membership to rise. fMr. Hroncich stated that we are hoping to attract more members by offering the program from January to June at $200 as opposed to the annual fee of $300 for September to June and $50 a month to give them another alternative and also by giving the $5 discount certificate. We are also planning on a special event that will also boost registration. 3 December 13, 1.994 005578 On Motion made by Trustee Daly, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION REVISED FEE SCHEDULE MEN'S SOFTBALL/DROP-IN CENTER RESOLVED, that the following revised fee schedule is adopted for Men's Softball and the Drop-In Center: Men's Softball Softball Fees: $600 per team Forfeit Fees: $100 per team Umpire Payment: $32 per game; $5 cancelled game Handling Fee: $5 * No forfeits: Full refund One game forfeited: $63.00 Team forfeit out of league: No refund Drop-In Center Yearly (Sept. - June): $300 per person Part year (Jan. - June): $200 per person Monthly: $50 per person A $5 Discount certificate will be given to members who bring in another member. This certificate will be good for any other Recreation Program. I TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF f THE VILLAGE OF RYE BROOK TO FINANCE THE RESURFACING OR RECONSTRUCTION OF STREETS IN THE VILLAGE OF RYE BROOK PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK f � E Administrator Russo summarized the resolution. 4 December 13, 1994 005579 On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE RESURFACING OR RECONSTRUCTION OF STREETS IN THE VILLAGE OF RYE BROOK PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue it Serial Bonds in the aggregate principal amount of $100,000 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (hereinafter referred to "purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1994: the reconstruction or resurfacing of roads and streets within the Village of Rye Brook, whether or not including sidewalks, gutters, curbs, drainage or other improvements in connection therewith. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $100,000 and that it plans to finance such cost by the issuance of Serial Bonds authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines (a) that the purpose for which said bonds are to be issued is set forth in subdivision 20 of paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is five (5) years; and (b) The proposed maturity of the Serial Bonds hereby authorized shall not be in excess of five (5) years; and (c) No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive I of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to fsign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes { issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds of bond anticipation notes and to attest such seal. ' 5 December 13, 1994 0 0 5 l C� Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such publication shall be in the Westmore News, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the constitution of the State of New York. Section 7. This resolution shall take effect immediately. Trustee Zuckerman questioned if we are working with the County on the Bowman Avenue reconstruction. Mr. Circosta replied yes and explained that today he received a letter in response to a letter he sent them a week ago. They that they are willing to work with us and stated that once they have some preliminary's they will be in touch with us. i Trustee Zuckerman questioned what interest rate was anticipated on these bonds. Administrator Russo stated that they are anticipated to be high. Short term rates have gone high and longer term rates are probably over 5% so they will probably be 51/2% C We were at 31/2% until now. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE E TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. REFERRAL TO THE PLANNING BOARD HAROLD LEITM4,N/58 TALCOTT ROAD SECTION 1, BLOCK 511, LOT 29/8ITE PLAN AMENDMENT Mr. Gissen explained that upon reviewing this, it did not make sense to do a Sub-division Amendment because there were no building footprints shown on the filed sub-division plat therefore to amend the plat showing new footprint doesn't really follow. 6 December 13, 1994 005581. Mr. Gissen added that since that is not the appropriate mechanism, we believe that site plan review is the appropriate mechanism. Unfortunately, the resolutions are not written with the same clarity as they are written with today, however, that is our recommendation which will provide the mechanism that is needed under the original resolution. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION REFERRAL TO THE PLANNING BOARD HAROLD LEITMAN/58 TALCOTT ROAD SECTION 1, BLOCK 5H9 LOT 29 SITE PLAN AMENDMENT RESOLVED, that the site plan amendment application of Mr. Harold Leitman of 58 Talcott Road, Rye Brook, NY is hereby referred to the Planning Board for their review and recommendation. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. INTERMUNICIPAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES AND EMERGENCY MEDICAL TRANSPORT AGREEMENT On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION INTERMUNICIPAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES EMERGENCY MEDICAL TRANSPORT AGREEMENT RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-municipal agreement with the City of Rye and Village of Port Chester for emergency medical services with the cost to be shared among the three communities as follows: 75% Of Subsidy: Equal Shares 25% Of Subsidy: Population and it is 7 December 13, 1994 005582 ' FURTHER RESOLVED, that the Village of Rye Brook is authorized to enter into an Emergency Medical Transport Agreement with the City of Rye, Village of Port Chester and the Port Chester-Rye-Rye Brook Volunteer Ambulance Corps Inc. for the period of January 1, 1995 to June 30, 1999, subject to termination by any participating municipality or the Ambulance Corp. on 180 days notice for the provision of emergency medical transportation services; 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 Zuckerman questioned why the termination periods are different in the Inter- Municipal Agreement and the Medical Transport Agreement. Administrator Russo stated that if there is one that pulled out, and was going to affect the Inter-Municipal Agreement for the other two, you get a little more time to think about it. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. CALLING FOR PUBLIC HEARING STROMBERG SUBDIVISION APPLICATION 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution iwas hereby adopted: RESOLUTION CALLING FOR PUBLIC HEARING STROMBERG SUBDIVISION APPLICATION 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 RESOLVED, that the Board of Trustees shall hold a public hearing on Tuesday, h December 27, 1994 at 7:30 p.m. at the Village Offices located at 90 South Ridge Street, Rye Brook, New York on an application made by Mr. & Mrs. Gary Stromberg to subdivide their property located at 62 Bowman Avenue into two (2) lots. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8 December 13, 1994 00558. j 8. K & M REALTY GROUP SITE PLAN DEIS SCOPE Administrator Russo stated that item #8 will be held off until the December 27, 1994 meeting. There is another item that came up with the test drawings that were monitored by Dvirka and Bartilucci which was some gasoline discovered under a portion of the strip piece of property which might impact on the scope and until that is studied it was felt that we should hold off until we have more information on that. Trustee Pellino questioned if that had to go before the Department of Environmental Conservation. Administrator Russo replied yes and added that it may have to be referred by the people that did the test drawing so all parties agree that we put this on hold. 9. 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: 10239-10325 Pre-Paid: NONE Payroll Checks: 14475-14598 Environmental: 445 & 446 Recreational Trust: NONE Capital: NONE Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. r TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9 December 13, 1994 WRITTEN COMMUNICATION 10. ROBERT P. MASCALI, ESQ. GIOFFRE & GIOFFRE PROFESSIONAL CORPORATION RE: REQUEST TO POSTPONE PUBLIC HEARING Mayor Cresenzi stated that we already have the public hearing advertised for that evening so we will advertise it and then just adjourn it. Trustee Zuckerman stated that we should let the public know that it will be adjourned so they do not come to the meeting for nothing. Administrator Russo stated that we put it on cable. Mr. Circosta added that notices were not sent out to the residents yet. Mayor Cresenzi announced the items for the December 27, 1994 meeting. 1 PROPOSED INTRODUCTORY LOCAL LAW #12-1994 TO PRESCRIBE BULI{ STANDARDS IN VARIOUS ZONING DISTRICTS 2. 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 3. STROMBERG SUBDIVISION APPLICATION/62 BOWMAN AVENUE 4. RYE CENTER SERVICE STATION/HOURS OF OPERATION Thomas Hroncich, Superintendent of Recreation and Parks stated that in the Board's packet is the South-East Consortium and a memorandum pertaining to the agreement. He questioned if the Board was able to review the agreement and if they are ready to adopt the resolution this evening. He pointed out that it is only a renewal. Attorney Powell stated that it looks exactly the same as last year. Trustee Zuckerman stated that this does not contain the schedule of all the fees that the municipalities pay which is supposed to be next to this but other than that, it is acceptable. He questioned if this is the same fee we paid last year. I k I Mr. Hroncich stated that it is 5% higher and Rye Brook pays the lowest fee. Mayor Cresenzi asked the Board if they had any problems with approving this resolution and agreement tonight and the Board agreed to pass the resolution. i 10 December 13, 1994 0 0 5 1i 8 5 On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION ENTERING INTO AGREEMENT WITH SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES INC. RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with South East Consortium for Special Services Inc. for the provision of special recreation programs in 1995 for the sum of $3,689.00; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver any and 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 Mr. Lowenstein, a new resident to the area, requested that the Board of Trustees amend the noise ordinance to prevent commercial construction on Saturday's. He pointed out that if homeowners want to work on their own homes on Saturdays they should have the right to do so, however, the difference is that homeowners do this infrequently once a month and they are not going to do it on a continuous basis without incurring the wrath of their neighbors. The reason for this request, Mr. Lowenstein explained that he lives next door to the Messina Construction site where they use heavy commercial equipment such as bulldozers and backhoes with high pitched warning sounds and noematic sledge hammers Monday through Friday from 8:00 a.m. to 5:00 p.m. The last two weeks they were working on Saturday and it is constant noise. There is a clear distinction between that kind of construction noise and the kind that we all make when we are working on our homes. There ought to be some rational compromise but every single weekend is just not fair. It seems that there ought to be a balancing of the economic interest of the contractor who may or may not live in Rye Brook with the economic interest of the residents of Rye Brook. Their interest should not come ahead of ours. If the contract is in such a hurry to complete his project, rather than work on Saturday, he should hire more people and rent more equipment. His desire to speed things along is coming out of my quiet enjoyment of my home. i Mayor Cresenzi stated that you can't always just hire more people to accomplish more work, but the issue is the noise that is disturbing Mr. Lowenstein. He added that he is disturbed by noisy leafblowers and lawnmowers, so do you prohibit all noise work on Saturdays and Sundays. l Mr. Lowenstein stated that some of our sister Towns have banned leafblowers outright �Iand the folks that do that type of work have not gone out of business. i4 11 December 13, 1994 005586 Mayor Cresenzi stated that when you do that things become more labor intensive and the monthly charge to the resident goes up 30 or 40%. Mr. Lowenstein stated that if the builder is going to be allowed to work on Saturdays, the Village should ask him to do it once a month. He moved to Rye Brook to escape the noise of the City and now, when the weather gets warmer, he won't even be able to use his backyard. Construction on a commercial basis should not be allowed on the Weekends. Trustee Daly stated that we are currently in the process of trying to modify our noise ordinance. Trustee Solomon asked Mr. Lowenstein is he spoke to Mitchell Hochberg at all. Mr. Lowenstein stated that he did not know Mr. Hochberg. Trustee Daly questioned if Mr. Lowenstein would consider shortened hours. Mr. Lowenstein stated that anything is an improvement, but who even knows how long this project is going to go on. He may build two or three, try to sell them and then build the rest. Mayor Cresenzi stated that they have five houses sold already and they have to be completed within a year with penalty costs. Mr. Lowenstein stated that he has called the police several times because the builder violated the law by coming earlier than they were supposed to. He also stated that as he understands it, the builder has the right to put up a construction sign with his name on it. He has a sign that has been up there since June and he spoke with a fellow in the Building Department in August who told him it was coming down in September and it is still there. When he called the Building Department a few weeks ago and asked what was going on he was told that a word had come from higher up to leave it there. It seems that the laws are not being enforced and I do not understand why. I don't particularly want to live next to a construction site, it doesn't add to the value of my house and If I try to sell it, it won't help and either will having construction on Saturdays. Trustee Pellino stated that he thinks the Sign Law allows the Developer to have the sign there for the term of the project, so I don't think that the three month time frame is correct. Trustee Solomon suggested that the Administration talk to Mr. Hochberg and see if we can straighten this thing out because he is very easy to work with. Any changes that may take place in the sign law and noise law won't be done immediately. Mayor Cresenzi stated that he would contact Mitchell Hochberg. 12 December 13, 1994 005587 Trustee Pellino questioned if we are making any headway on these correspondence that Mr. Circosta had written to J.J. Sisca and Company regarding the tree in the back of the new shopping center. Mr. Circosta replied yes and explained that Mr. Yarabek's report was forwarded to Mr. Sisca as well as the Attorney representing Mr. Benvenuti. Mr. Sisca is responding to that. We have had conversations with Mr. Sisca's office with regard to a issuance of the Certificate of Occupancy for the lower level where Dr. Copeland's Office is and we are trying to work that in to that Certificate of Occupancy. I have not received a response on the traffic light issue. Trustee Pellino stated that he attended a Water Company meeting last Wednesday evening in Greenwich which was more of a public forum for Connecticut American and NY American Ratepayers and I questioned when NY American would be finished with their work on South Ridge Street and Ellendale Avenue and they estimated that it would be by the end of December. Will there be an inspection done of the vast digging that they have done on our newly paved South Ridge Street by the County or the Village? i Mr. Circosta stated that Ridge Street is a County highway and the County is going to be inspecting that. Trustee Pellino questioned if they normally hold the utilities up to restoring the roadway back to its normal state. Mr. Circosta explained that they will restore it to the County's specifications. There will definitely be a joint and they will not repave all of South Ridge Street. Trustee Pellino stated that he does not want to see it begin to get depressed during the Winter. Mr. Circosta stated that the trench is filled with K-Crete to prevent it from settling. Mr. Circosta stated that at the last meeting, Trustee Zuckerman requested that a report be prepared on some of the outstanding monies on the Anthony J. Posillipo Community Center project and explained that the last page of the report really summarizes it all. The original project amounts were the total of all the contracts was $904,650. We have $33,910.92 in change orders for a total amount of $938,560.92. The total completed to date is $935,838.42. The retainage of 5% that is being held by the Village is $46,791.93, so the total page is $889,446.49. The amount due to contractors and balance of work to be billed is $2,722.50 and that is from the General Contractor. Obviously the Village is j holding a retainage of $46,791 so we have in our pocket $49,514.43. F Trustee Zuckerman questioned when we have to pay the retainage back. Mr. Circosta stated that the closeout documents will be distributed to all of the contractors once they have completed all the closeout documents then the retainage is due. 13 December 13, 1994 005588 Trustee Zuckerman stated that this total approved change order is less than 4% of the original project which is incredible. Ken Heller stated that with the Holiday Season and heavy parking approaching he questioned if the Board ever received the report from Merritt and Holby regarding parking that was asked for over a year ago. Mayor Cresenzi stated that we did not receive it yet. In the original resolution, it stated that there would be a study, but no explicit mandate for a study or out off date for when it should be produced by was given. When he comes in for a change for some use of the shopping center, we will have the leverage to obtain that study at that time. Administrator Russo stated that for interested municipal users of the internet, he has come back with a reachable process for us to get involved with what has the potential of tying us into the internet and providing that it be funded through some grants and some user fees and it looks like it is realistic to tie in for information and things like registering for Recreation programs and a whole host of other things. There are only a few hundred municipalities in the Country on the internet there is maybe three that are even involved in it very peripherally in New York State and the two places that have led the way are Cambridge, Massachusetts and Paolo Alto, California, which is much larger with a population of 50,000. 1 will be writing a report for the Board which should be discussed at a future videotaped meeting so the community can find out about it. Mayor Cresenzi thanked Administrator Russo and stated that he looks forward to receiving his report. Trustee Pellino stated that Thomas Gissen will be leaving Frederick P. Clark Associates shortly to take on new duties with the City of Peekskill and he wanted to wish Tom all the best from the Village of Rye Brook and to let him know what a pleasure it has been to work with him both at the Village Board level, Zoning Code Update Committee and Planning Board level and wished him luck in his new position. Mr. Gissen thanked Trustee Pellino and stated that the pleasure has really been his as it has been enjoyable working with the Village Board, Planning Board and the Zoning Code Update Committee. He enjoyed it, learned from it and is thankful for the experience. F �I 14 December 13, 1994 0055819 On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION RESOLVED, that in order to rectify the previously imposed suspension without pay on P.O. Heil, that suspension is hereby rescinded in its entirety and effective 12-15-94 P.O. Heil shall be hereby suspended without pay. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ADJOURNMENT Mayor Cresenzi adjourned the meeting at 8:35 p.m. Respectfully submitted, Elizabeth Bottali Secretary to the Village Board E I 15