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HomeMy WebLinkAbout1996-02-27 - Board of Trustees Meeting Minutes February 27, 1996 AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING ANTHONY J.POSILLIPO COMMUNITY CENTER 32 GARIBALDI PLACE AT 7:00 P.M. FEBRUARY 27,1996 PLEDGE OF ALLEGIANCE ACTION JOINT WORK SESSION: 1. PLANNING BOARD AND VILLAGE BOARD RE: POLICY DISCUSSION ON THE HANDLING OF AMENDMENTS TO PLANNED UNIT DEVELOPMENTS (PUD'S) RESOLUTION: 2. DECLARING THE CANDIDATES FOR VILLAGE ELECTION-MARCH 19, 1996 3. REVISING INSPECTORS OF ELECTION RESOLUTION 4. APPROVING BOND REDUCTION DORAL GREENS AT ARROWWOOD 5. APPOINTING REGISTRAR OF VITAL STATISTICS 6. APPOINTING INTERMEDIATE TYPIST BUILDING DEPARTMENT 7. CHECK REGISTER DISCUSSION: 8. K&M REALTY RE: ENVIRONMENTAL DECLARATION 9. PROPOSED NEUMAN SUBDIVISION AT HILLANDALE ROAD RE: SUBDIVISION AND WETLANDS WRITTEN COMMUNICATION: 10. WILLIAM S.NULL CUDDY&FEDER&WORBY RE: AVALON PROPERTIES RESIDENTIAL HOUSING DEVELOPMENT 13 February 27, 1996 ON THE ATRIUM SITE 1 II. MICHAEL S. SIEGEL RE: SEQRA DETERMINATION - K&M REALTY NEXT MEETING DATES: • TUESDAY,MARCH 12, 1996-AGENDA MEETING-7:30 P.M. • TUESDAY,MARCH 19, 1996- CANVAS OF VOTES -VILLAGE ELECTION • TUESDAY,MARCH 26, 1996-REGULAR MEETING-7:30 P.M 14 006092 MINUTES OF A JOINT WORK SESSION PLANNING BOARD AND VILLAGE BOARD AND A REGULAR BOARD MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES 32 GARIBALDI PLACE RYE BROOK, NEW YORK FEBRUARY 27, 1996 CONVENE MEETING: Mayor Cresenzi convened the meeting at 7:10 p.m. in the multi-purpose room and the Pledge of Allegiance followed. Present were the following members of the Village Board: Mayor Salvatore M. Cresenzi Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Trustee Joseph Pellino Present were the following members of the Planning Board: Michael Stolzar, Chairman William Aughavin Floyd Caplan Paul Feinstein Harry Krausman Madelon Rand Also present were: Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Lori Ann DeMarco, Assistant to the Village Administrator Christian K. Miller, Planning Consultant, F.P. Clark Associates Lisa B. Marinaccio, Secretary to the Village Board JOINT WORK SESSION: 1. PLANNING BOARD AND VILLAGE BOARD RE: POLICY DISCUSSION ON THE HANDLING OF AMENDMENTS TO PLANNED UNIT DEVELOPMENT ZONES (PUD'S) Mayor Cresenzi suggested that Christian Miller begin the PUD discussion. Mr. Miller mentioned that a couple of applications have been submitted to the Village which seek amendments to existing PUD's. He explained that the existing code appears to have some language regarding amendments and has set forth some provisions. However, the code is not always clear and thus has raised questions as to how the Village should process these types of applications. Mr. Miller explained that the next issue to address is what standards should apply to the applications. It has been debated whether the existing PUD standards should apply or whether U0609J February 27, 1996 the PUD standards originally enacted should apply. He noted that the Atrium property was approved under the original, Town of Rye regulations and wondered whether those regulations should still prevail (since the former project was approved under them). Avalon's latest amended proposal suggests incentive zoning which is not currently in the Village Code. Mr. Miller explained incentive zoning as a procedure established to identify a large-scale community benefit, in return for which the Village would vary some existing zoning standards, within limits. Avalon's amendment would only deal with an 18 acre parcel that was originally part of a larger PUD. Mr. Stolzar said that anything the Village approves for the subject applications would set a precedent for future submissions to the Village. He added if the application does not comply with the old or the new PUD Standards, it should be considered as an application to re-zone an area. Mr. Aughavin said that the PUD regulations were established for economic reasons. He explained that a PUD zone is a compromise to use land originally designated as residential in order to accommodate commercial uses too. He stated that the main purpose of the PUD regulation is to attempt to preserve open space and a buffer area around residential areas. Trustee Pellino said that a PUD concept plan should meet the original requirements of the prior PUD code. The current"Application for Amendments" section of the PUD code calls for a submission of a full application. With regard to Mr. Aughavin's comments, we should review whether a PUD ordinance is right for Rye Brook at this time because two or three years ago New York State passed legislation regarding incentive zoning. In theory, incentive zoning covers much of what "PUD" zoning covers, including trading density bonuses for community benefits. Trustee Zuckerman raised the subject of the Village's Zoning with regard to a Master Plan which he had been supporting for quite some time, since it makes sense for the Village. Mr. Stolzar noted that any standards should be fairly established. He suggested enacting a moratorium so that the Village Board could have time to decide whether to adopt incentive zoning or to keep PUD zones. Mr. Aughavin noted that the current PUD regulations contain a compromise provision that enacted in the 1970's. However, the Village must decide how to govern land development today in an appropriate way for the Village. Mr. Stolzar clarified his suggestion of a moratorium, noting it should only be for 60 or 90 days to allow the Village to review the whole situation. Ms. Rand supported ending "PUD" zoning in favor of designating a Master Plan. She suggested a 60 day moratorium to allow the Village to plan for future development. Mr. Krausman reported that in his experience with other communities, 30 or 60 days was an inadequate length of time for a moratorium. He suggested that the Village take a pragmatic stand set an indefinite moratorium to review all development, or use the applicant as the catalyst and determine whether the proposed applications will benefit the community. He questioned the legality and fairness of making a developer wait if their proposal complies with current zoning. Mayor Cresenzi explained that the current PUD regulations give the Village option mix uses. The current code applies to areas North of the Hutchinson River Parkway. The Mayor noted that the Atrium site-parcel under consideration does not comply with the 30 acre minimum requirement, which means that the Village cannot just approve the application. 2 006094 February 27, 1996 Mr. Krausman responded that the application should have never been referred to the Planning Board. Mayor Cresenzi stated the Village Board was trying to decide how to approach the application. Mr. Stolzar suggested the plan be revised to have less units, because as presented it is too dense. "Under current standards the Village Board should deny the application." Mr. Aughavin suggested that the Village review the Atrium property and decide what development is practical to the Village and surrounding neighbors. Mr. Krausman explained the difference between the Atrium site and another site is that the owner is selling a property with a building on it that may have to be torn down. Therefore, the cost of the site will greater. Mr. Stolzar suggested that the Village Board reject the application and provide the applicant with an idea of what would be an acceptable proposal, suggesting that R-15 zoning might be appropriate. Mr. William Null, Attorney for the applicant, asked the Village to make some policy decisions at this point, since if the decision is to leave the Atrium building vacant, the Village will not benefit. Mr. Aughavin responded that the Village is not looking to leave the building vacant, but to reach a common ground that the Village and the developer can agree on. Mr. Krausman referred to page seven of the current PUD regulations. He interpreted them to say that a developer could propose to amend an existing PUD development. The applicant would still follow the full application procedure. Mr. Krausman noted that while the Village is bound by the original PUD regulations, the Board might amend the regulations for a reasonable proposal. Trustee Pellino reported that Mr. Krausman's interpretation of the PUD Zone regulations differs from its original intent. Trustee Pellino conveyed that the proposal would still require at least a 30 acre site to comply. He added that the PUD code section entitled, "Standards and Requirements" requires a special permit for any change of use, which means that the Village Board would have to review it either approve or deny it. Mr. Krausman stated if the Village has the discretion to allow a change in use and it sets a precedent, it would cause a problem if another developer applies for a similar project. He suggested that the language in the code be changed. Mayor Cresenzi asked if anyone else wanted to comment, as he wanted to continue discussing this matter at the next meeting. Hearing no response, the board took a ten minute recess. 2. On the Motion of Trustee Tunis, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 19, 1996 VILLAGE OF RYE BROOK RESOLVED, that pursuant to the provisions of the New York State Election Law, the following candidates have been nominated to fill the positions of Mayor(1) for a two year term, Trustees (2) for a two year term and Trustee (1)for a one year term of office in the Village Election held on Tuesday, March 19, 1996 between the hours of 7:00 a.m. and 9:00 p.m. FOR MAYOR: (1) Salvatore M. Cresenzi (for a two year term) 13 Holly Lane 3 006095. February 27, 1996 Paul E. Ellenbogen 412 North Ridge Street FOR TRUSTEE: (2) Gary J. Zuckerman (for a two year term) 29 Hillandale Road Nancy Stein-Tunis 23 Pine Ridge Road Russell Tenenzapf 279 North Ridge Street Eugene Reich 11 Winthrop Drive FOR TRUSTEE: (1) Eugene R. Strum (for a one year term) 308 Betsy Brown Road ; and be it FURTHER RESOLVED that voting will take place at the following places designated by the Village of Rye Brook Board of Trustees as the polling places for Registered Voters residing within the limits of Rye Brook. District#20 - Port Chester Middle School - Bowman Avenue(Main Lobby) District#21 - Port Chester Middle School - Bowman Avenue(Main Lobby) District #22 - Blind Brook High School - King Street (Main Lobby) District #23 - Ridge Street School -North Ridge Street (Gymnasium) District#26 -Port Chester Senior High School -Neuton Avenue (Main Lobby) District#27 - Ridge Street School -North Ridge Street (Gymnasium) District#29 - Ridge Street School -North Ridge Street ( Gymnasium) TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 3. On the Motion of Trustee Pellino, seconded by Trustee Strum, the following Resolution was hereby adopted: RESOLUTION REVISING INSPECTORS OF ELECTION RESOLUTION RESOLVED, that the Resolution adopted by the Board of Trustees of the Village of Rye Brook on Tuesday, January 23, 1996 appointing Inspectors of Election and Alternate Inspectors of Election is revised as follows: INSPECTORS OF ELECTION DELETE: #23 - Gene Reich - I 1 Winthrop Drive -Ridge Street School - 937-4298 4 006096 February 27, 1996 ADD: #23 - Walter H. Niles - 101 Country Ridge Drive -Ridge Street School - 937-3623 and be it; FURTHER RESOLVED, except as modified above, all other provisions of the Resolution adopted January 23, 1996 shall remain the same. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRE SENZI VOTING AYE 4. On the Motion of Trustee Zuckerman, seconded by Trustee Strum, the following Resolution was hereby adopted: RESOLUTION APPROVING BOND REDUCTION DORAL GREENS AT ARROWWOOD WHEREAS, on May 22, 1991, CMC Realty& Development, Inc. filed a performance bond in the amount of$522,143 for improvements to the Doral Greens Development; and WHEREAS, on January 19, 1996, CMC Realty&Development, Inc. requested a reduction in their performance bond to an amount of$23,916; and WHEREAS, Paulus, Sokolowski and Sartor, Inc., Engineers for the site has provided the Director of Public Works with an assessment of completion; and WHEREAS, the Director of Public Works has reviewed such assessment and is in agreement with said reduction; NOW, THEREFORE, BE IT RESOLVED, the performance bond for the Doral Greens Subdivision is hereby reduced to an amount of$23,916; and it is FURTHER RESOLVED, that the sanitary sewers are public improvements and are 100 percent complete, the Director of Public Works further requests that a maintenance bond in the amount of $39,090 be hereby posted for a two year period for said public improvement. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5 006091 February 27, 1996 5. On the Motion of Trustee Pellino, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION APPOINTING REGISTRAR OF VITAL STATISTICS WHEREAS, the Village of Rye Brook has found it to be more expedient and efficient to provide the services of recording and filing birth and death certificates through the offices of the Town of Rye, in order to maintain a central location for these vital statistics; and WHEREAS, Rye Town Clerk Frances C. Nugent for some time now has been ably providing these services as Registrar of Vital Statistics on behalf of the Village of Rye Brook for our residents. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby reappoints Rye Town Clerk Frances C. Nugent as Registrar of Vital Statistics for a two year term beginning January 1, 1996, and expiring December 31, 1997, and be it; FURTHER RESOLVED that three certified copies of this resolution are to be returned to Ms. Nugent for filing along with the copies of the "Notification of Appointment of Registrar of Vital Statistics" and that the Village Administrator is authorized to execute any documents necessary to effect this appointment. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6. On the Motion of Trustee Zuckerman, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION APPOINTMENT OF INTERMEDIATE TYPIST BUILDING DEPARTMENT RESOLVED, that Rita Muccino of 88 Pintard Avenue, New Rochelle, New York 10801 be hereby appointed to the probationary position of Intermediate Typist/Building Department at a salary of$25,500.00 with the Village of Rye Brook; and be it FURTHER RESOLVED, that the probationary period for the position shall be six months effective on the commencement day of March 4, 1996. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE 6 006098 February 27, 1996 TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7. On the Motion of Trustee Pellino, seconded by Trustee Tunis, 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: 13404-13506 Pre Paid: 13231, 13296-13302 13401 &13402 Payroll Checks: 18506-18592 Environmental: NONE Capital: 2480-2490 Capital Pre Paid: NONE Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ` VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION PORT CHESTER- RYE - RYE BROOK VOLUNTEER AMBULANCE CORPS WHEREAS, the Village of Rye Brook has had a long-standing relationship with the Port Chester - Rye -Rye Brook Volunteer Ambulance Corps and has been and continues to be satisfied with the quality and level of its service; and WHEREAS, Rye Brook recently formed the Rye Brook Fire Department and has engaged 7 06669:9 February 27, 1996 Rural/Metro Fire Department Inc. to provide fire protection services; and WHEREAS, it is Rye Brook's intention and policy that the fire protection and related service operate harmoniously with the services provided by the Port Chester -Rye - Rye Brook Volunteer Ambulance Corps; and WHEREAS, the Port Chester-Rye -Rye Brook Volunteer Ambulance Corps has asked Rye Brook to re-affirm its policy. NOW, THEREFORE, BE IT RESOLVED, that the Rye Brook Board of Trustees re-affirms that: 1. The Port Chester- Rye - Rye Brook Volunteer Ambulance Corps is Rye Brook's primary EMS/Ambulance service provider; and 2. The Port Chester - Rye - Rye Brook Volunteer Ambulance Corps, upon its arrival at the scene, would assume control of medical situations; and 3. The EMS personnel of Rural/Metro Fire Department Inc. should be available for assistance of the Port Chester -Rye - Rye Brook Volunteer Ambulance Corps as needed. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION: 8. K & M REALTY - RE: ENVIRONMENTAL DECLARATION: Mr. Konigsberg asked that the next item be discussed before his presentation. The Board agreed. 9. PROPOSED NEUMAN SUBDIVISION AT HILLANDALE ROAD RE: SUBDIVISION AND WETLANDS: Mr. Ralph Mastromonaco, Engineer for the Applicant, came forward. Mr. Miller conveyed that this simple application seeks to subdivide one lot into two lots. The additional application for a wetlands permit is required because there is a wetland or watercourse on the subject property. He reported that the Planning Board found the subdivision suitable and recommended approval, but they recommended that the application be processed in accordance with the wetlands regulations. Mr. Miller's office has identified several concerns with respect to the wetlands which are spelled out in his report dated February 9, 1996. He indicated that the proposal identifies a wetland, but in accordance with the wetlands regulations, the applicant must define how that wetland was 8 oa6.a. J February 27, 1996 defined, or delineated, so the impact can be better assessed. Mr. Miller stated that the application is not complete with respect to the wetlands permit. Mr. Mastromonaco stated that there was a misunderstanding of the wetland location. He referred to the plan and pointed out a thin stream that ends at the catch basin at the street. Mr. Miller referred to the Village Code section that indicates the standards for permit decisions and suggested the applicant address those standards before the Village Board move on the application. 8. K & M REALTY- RE: ENVIRONMENTAL DECLARATION: Mr. Kip Konigsberg came forward and introduced himself as Attorney and principal of K & M Realty Group. He stated that the subject property is entirely within a C 1 Zone District which allows a neighborhood retail district. The subject site is 4.039 acres, of which approximately 2.4 acres is land consisting of two separate land masses described as the"strip" and the"peninsula." Mr. Konigsberg communicated that the property as it currently exists is a construction dump. Mr. Konigsberg explained some of the differences between his first submission and his current application. Ms. Ellen Metzger of Blasdon, Blouck and Lee, Environmental Consultant retained by K & M Realty, started off with a brief description of her firm's qualifications. She summed up the studies conducted by her firm for K &M Realty, reporting that Dvirka& Bartolucci has been monitoring her firm's work from day one. They indicated no outstanding issues with the environmental subsurface examinations that were identified. Ms. Metzger explained that the study concluded that there is a very limited area of subsurface impact running from Bowman Avenue and extending south approximately 155 feet along the northern portion. The major conclusion of the supplemental site investigation is that the petroleum contamination poses no risks. Ms. Beth Evans introduced herself as the Principal of the Environmental Consulting firm, Evans Associates. She reported that she acts as Planning Consultant to the Town of Harrison and K & M Realty. She gave a history of the K& M project and discussed the watercourses on the site and the severely degraded condition of the edge of the watercourse. A full assessment of the vegetation on site and an impact analysis were done for this site. She stated that the site is currently disturbed and is not a productive healthy wetland. Discussing the fish species that live in the pond, she explained that the development's ten foot wide buffer area would preserve the wildlife. Ms. Evans explained some of the proposed improvements to the edge of the pond. Trustee Pellino asked for clarification of the comment that no impact from this development would go upstream, since the Port Chester Middle School is upstream from this property. He added that the applicant indicated he had spoken with the Port Chester Middle School's officials about this proposal and they approve of this project, but he wanted a guarantee that in the worst case flooding scenario the school property upstream would not flood. Mr. Konigsberg noted that Mr. Pellino's concerns would be addressed later in the presentation. Mr. Konigsberg stated that no toxins or hazardous chemicals would be used on this property at any time and that the landscaping contracts would reflect that. Mr. Konigsberg added that he was comfortable with a restriction in any resolution that might be approved for this project. 9 006101 February 27, 1996 Mr. Richard Pearson, P.E., from John Meyer Consulting, reported that he had prepared the traffic study for this proposal. Mr. Pearson conveyed that it was important to note that the traffic impact for this amended proposal will be significantly less than the previous proposal. He added that the Village's Consultants agreed with his findings in the traffic study, and discussed the study. Mr. Jim Ryan of John Meyer Consulting, introduced himself as the Acting Project Manager since 1993, when the property was originally rezoned. Mr. Ryan explained as consultant manager that all of the design elements in this proposal were consistent with the nature of the property. He reported that the County had already made an extensive review of the previous project so it was not necessary for them to re-review it, since all of their concerns were addressed previously. Mr. Allan Pilch of John Meyer Consulting, came forward and explained his hydraulic analysis report and gave a description of similar work that he has done in this area. Mr. Pilch reported that in 1979, the Federal Emergency Management Association's Department of Flood Insurance Studies, performed an insurance study which analyzed water surface elevations on Blind Brook for 10, 100 and 500 year flood zones, which are satisfactory for this proposal. Mr. Konigsberg brought up a letter submitted by Michael Siegel, Member of the Rye Brook Advisory Council on Environmental Conservation, which suggested that the Board of Trustees as Lead Agency should consider this proposal to have detrimental effects on the environment and recommended that the Village Board declare a positive declaration under New York SEQRA. Mr. Konigsberg believed that the Environmental Council suggested this because they feel this proposal will set a precedent for future proposals, but stated such is not the correct base for a determination under SEQRA. Trustee Pellino asked the applicant to provide the Village Board of Trustees with sign offs from Westchester County Soil and Water Conservation District on this proposal. Mr. Konigsberg stated that when the first project was submitted to Westchester County Soil and Water Conservation District, a September 14, 1994, response letter from Ms. Laura Tessier addressed a number of issues in which the applicant subsequently modified the plans and worked with the Village's Planning Consultants to address the issues raised. Subsequently, the Planning Board asked if it was necessary for the current project to go back before Westchester County Soil and Water Conservation District for another review. It was determined by the Village Planning Board and by the Village's consultants that it would not be necessary. Trustee Pellino questioned whether the proposed plantings along the waters edge would be of tall nature to provide the pond and tributary areas with sufficient shade so that the oxygen levels of the water would be retained to prevent negative impacts on the oxygen levels in Long Island Sound. Mr. Ryan said that some "grassy-type" plantings that will be provided, but not many shade plants are being proposed at this point. Mr. Ryan reported that the existing trees will be retained. Ms. Evans added that the configuration of the pond and the sun angle prevents the proposed vegetation from shading the water. She stated, however, that it is important to provide a vegetated edge to allow the water moving along the edge to reach the plant roots and the soil. Ms. Evans said that contact is very important for biochemical exchange at the soil/water interface. 10 00610.r® February 27, 1996 11. MICHAEL S. SIEGEL; RE: SEORA DETERMINATION -K& M REALTY: Mayor Cresenzi announced that Mr. Siegel's comments would be made part of the record for this application. Mr. Roger Herman, Member of the Advisory Council of Environmental Conservation, asked the Board if his Council would have an opportunity to express their views. Mayor Cresenzi reported that Mr. Herman would be notified when this matter would be discussed further. 10. WILLIAM S. NULL; CUDDY & FEDER& WORBY; RE: AVALON PROPERTIES; RESIDENTIAL HOUSING DEVELOPMENT ON THE ATRIUM SITE: Mayor Cresenzi reported that this matter would be continued on March 12, 1996. Mayor Cresenzi announced the upcoming meeting dates: NEXT MEETING DATES: • TUESDAY, MARCH 12, 1996 - AGENDA MEETING- 7:30 P.M. • TUESDAY, MARCH 19, 1996 - CANVAS OF VOTES - VILLAGE ELECTION • TUESDAY, MARCH 26, 1996 -REGULAR MEETING- 7:30 P.M. Mayor Cresenzi asked for the Board to vote on going into executive session. On the motion of Trustee Zuckerman, seconded by Trustee Strum, the Board went into executive session. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE Mr. Peter Silton, Member of the Advisory Council of Environmental Conservation, objected to closing the discussion. The Mayor agreed to allow him to speak. Mr. Silton advised the Board to declare negative declaration on the K& M Realty project as the safe and prudent decision. Mr. Paul Ellenbogen, resident of North Ridge Street, came forward and asked the Board if the Village had a preliminary budget at this time. The Administrator responded that the proposed budget would be available on March 20, 1996. Mr. Bill Barnes, First Assistant Chief of the Port Chester Fire Department, addressed the Board to tell them that some false statements and rumors were circulating. He claimed that it had been rumored that the Port Chester Fire Department had subsidized or donated funds to a political campaign in Rye Brook which is completely untrue. He added that statistics had been mentioned about the Port Chester Fire Department's man power and response times. He reported to the 11 006103 February 27, 1996 Board and Rye Brook residents that from February 1, 1996 - February 22, 1996, the average manpower and response from the Port Chester Fire Department was 21 men in 4.3 minutes. Fire fighter Barnes told the Board that on Sunday, February 25, 1996, Rye Brook had six simultaneous assignments and the Port Chester Fire Department responded successfully to all six. Addressing Trustee Zuckerman, Firefighter Barnes stated "there was a very disturbing statement that I would like to address to Trustee Zuckerman. I received a call from a Rye Brook resident on Sunday morning that you spoke to a resident and there was mention of litigation with which Port Chester was involved. Another statement was made that the Port Chester fire fighters drink. That's a very sensitive issue. Basically, the feelings of this department are that unless there are specific incidents, and with those incidents we have documentation from someone in the medical profession with blood alcohol test results, and so forth... I think that statement is inappropriate. We have always tried to maintain a professional level and we would expect you to do the same, sir. Thank you for letting me speak." The meeting was adjourned at 10:20 p.m. Respectfully submitted, Christopher I Russo Village Clerk 12