Loading...
HomeMy WebLinkAbout1995-02-28 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING FEBRUARY 28, 1995 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION I PUBLIC HEARING 1. RYE CENTER SERVICE STATION HOURS OF OPERATION (To be adjourned to March 14,1995) 2. AMENDMENT TO CHAPTER 158 - NOISE 3. A LOCAL LAW AMENDING THE ZONING LAW ON DWELLINGS ON SMALL LOTS 4. HAROLD LEITMAN 58 TALCOTT ROAD SECT. 1, BLOCK 511, LOT 29 SITE PLAN APPLICATION RESOLUTIONS 5. APPROVAL OF SITE PLAN APPLICATION ST. MARY'S CEMETERY/MAUSOLEUM EXPANSION SOUTH RIDGE STREET 6. AUTHORIZING PAYMENT TO ELQ INDUSTRIES GARIBALDI PLACE PARKING LOT 7. AWARDING CONTRACT#9501 THREE WHEELED TRACTOR 8. REFERRING SITING OF FRIE HOUSE TO THE FACILITIES COMMITTEE 9. ENTERING INTO AGREEMENT WITH WESTCHESTER SHORE HUMANE SOCIETY FOR ANIMAL CONTROL SERVICES 10. AUTHORIZING CONTRIBUTION TO VETERANS CENTRAL COMMITTEE i 11. AUTHORIZING PAYMENT TO CAPSTONE ENTERPRISES OF PORT CHESTER, INC. 12. SETTING PUBLIC HEARING DATE ON APPLICATION TO AMEND SPECIAL USE PERMIT 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 13. REFERRAL TO THE PLANNING BOARD BROOKRIDGE HOMEOWNERS ASSOCIATION INC. AMENDING SITE PLAN APPLICATION i 14. DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 21, 1995 VILLAGE OF RYE BROOK ill 15. AUTHORIZING CHANGE IN STREET NAME - "MESSINA LANE" TO "LITTLE KINGS WAY" 16. CHECK REGISTER 17. REVISING INSPECTORS OF ELECTION RESOLUTION DISCUSSION 18. RYE BROOK FIRE HOUSE 19. ANTHONY J. POSILLIPO COMMUNITY CENTER RENTAL POLICY AND FEE SCHEDULE APPROVAL OF MINUTES 20. AUGUST 9, 1994 - 21. AUGUST 23, 1994 22. SEPTEMBER 13, 1994 23. SEPTEMBER 27, 1994 24. OCTOBER 12, 1994 25. OCTOBER 259 1994 26. JANUARY 31, 1995 27. FEBRUARY 14, 1995 REGISTER TO VOTE! 00569. MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES PORT CHESTER MIDDLE SCHOOL BOWMAN AVENUE RYE BROOK, NEW YORK FEBRUARY 28, 1995 CONVENE MEETING The Meeting was called to order at 7:35 p.m. By Mayor Cresenzi in the Port Chester Middle School Auditorium and the Pledge of Allegiance followed. Present were the following members of the Board: Ili Mayor Salvatore M. Cresenzi Trustee Michele R. 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 Robert J. Santoro, Chief of Police Thomas Hroncich, Superintendent of Recreation&Parks Elizabeth Bottali, Secretary to Village Board Joseph Cortese, Village Treasurer was not in attendance at this meeting. February 28, 1995 °�e Mayor Cresenzi announced that prior to going on with the regular meeting agenda, he would like to take a moment to comment on the Police Merger proposal. He stated that the concept started with two Mayors who thoroughly discussed a fair, money savings while at the same time enhancing or improving police services to both the Village of Rye Brook and the City of Rye. Strong Village Board and City Counsel support was needed to move forward with this proposal. Based on discussions with the Board of Trustees over the last few days, it is apparent that the support from this Board was not strong enough to hire a consultant to do a study on the Police Merger. He added that he feels that it is a good idea whose time has not yet come. Therefore, he recommended that the concept of the merger be dropped and stated that he is going to recommend to Rye City Mayor Dunn tomorrow that the concept be dropped. Trustee Zuckerman stated that we as Trustees have a duty to examine all alternatives to increase the efficiency of services and save our taxpayers money. In the long run the concept of shared services should be examined and reexamined with the City of Rye and other Communities for many services, not just police. In this case in some aspects we put the cart before the horse. Originally as Mayor Cresenzi stated, it started as a concept between the two Mayors and two people were involved. Subsequently, the Village Administrator and City Manager and attorneys became involved and a concept was developed to form a legislation as to how to create this merger. The document was drawn up by attorney's and the "how to" was focused on with no focus put on the "whether to". Whether we should merge is something that could only come about after substantial studies and public input which is what we have had in this case. If we never came to an agreement with City of Rye and the studies showed we should merge than we would have been criticized for not exploring the idea. In other words, we can't hammer out a solution that would be acceptable to both communities until we did all types of studies. In larger context, the way that we proceeded, starting with the Mayors, did not allow for participation of the Police Unions at an early stage. For future endeavors, we should keep in mind that public participation at the earliest stage is essential. I think we should continue to discuss this and conduct studies to determine not only whether we should merge police services but other services such as Fire, Recreation, and so on, in order to save money. I think it might be a wise idea to appoint citizen advisory committees in some of these areas, which is something that was suggested by Trustee Solomon. We must take a lesson from what happened so we don't make the same kind of procedural error that would engender the kind of emotional outpouring that occurred in this circumstance. The idea of saving money while maintaining and increasing services is a good idea that I think everyone would agree with, Trustee Zuckerman stated. He added that he would like to commend the Mayor for standing up and coming forward with this proposal. He was battered around for his idea and other Trustees were battered around as well. He added that he was bothered by comments made throughout the entire procedure that there was a hidden agenda or that the Board was doing this for their own benefit. I take exception to it and so do the other Board members Trustee Zuckerman stated. We all live in the community, have children in the community and to think that our motives were something other than the best for the community is simply ridiculous. Trustee Daly asked Trustee Zuckerman to clarify a comment he made regarding his feeling that more studies should be done. 2 February 28 1995 005696 Trustee Zuckerman explained that he personally is curious as to whether the study would reveal that a merger of police or any other services would yield better services and significant savings. Trustee Daly questioned what other services he was referring to and pointed out that the Village has already done a Fire Study, Recreation Study and various Pace Studies. She questioned how many studies are needed. Trustee Zuckerman stated that he was referring to a study specific to police services. The Village should consider doing a professional poll taken scientifically throughout the community to determine what it is our residents want and how we should spend taxpayer's money. We can't determine at a public hearing what the residents want because only a handful of residents attend out meetings. Trustee Daly stated that the residents attend these meetings when there is something that they want. We were elected to make these decisions on their behalf and we try to make the best decisions that we can and when they feel we are not going the right direction they attend like they did tonight. Trustee Zuckerman agreed with Trustee Daly but stated that at budget time, the room is empty. We need to get more information out to our residents at an early stage so we can make better decisions on their behalf. Sometimes we hold public hearings and the room is empty when a vote is taken. People don't show up until after something is approved and it is to late. Trustee Solomon stated that the concept of shared services is to try to cute costs in Government. The Police Merger was not meant to be at this time but it is still a good concept and while other communities do it Town wide such as Harrison, Greenburgh, North Castle and Greenwich. It costs us a tremendous amount of money to have our own services and sooner or later, we will have to take the Rye Town, Port Chester, Rye Brook, City of Rye and Rye Neck area which historically at one time was one area and work together to develop a meaningful master plan of services for this whole area instead of having five entities in one geographical location. At some point down the road, the cost is going to be so burdensome that many of us will have to move away. This didn't work so maybe we have to look at the bigger picture and do something that will save us some money. Mary Bellantoni questioned if at the information meeting that was held at the City of Rye last week, the two boards voted to spend 45,000 to have Mr. Buracker do a study, Mayor Cresenzi stated that that meeting was a worksession, not a regular meeting, therefore this Board never approved spending $45,000 to do a study and the study will not be taking place. Ms. Bellantoni added to what Trustee Daly stated earlier by saying that she voted for the elected officials, she watches the meetings on cable TV and does not have to attend the meetings, but when she sees something on Cable that is not in the best interest of the community, she comes to a meeting to voice her opinion. The Police Merger was a terrible idea and she is happy with the Mayor's announcement tonight. She hasn't been to a meeting in twelve years, which means that the Board has been doing a great job up until now. 3 00596 February 28, 1995 6 Rory Bellantoni questioned if there would be other explorations of tampering with the Police Department. He also stated that if Rye Brook forms a Citizen Advisory Board for Police, he would like to be on that board. Mayor Cresenzi stated that the Board was not tampering with the Police Department and pointed out that in his opening remarks, he stated that the merger would be dropped. Bill Aughaven of 16 Mohegan Lane thanked the Board for listening to its constituents. If there is another discussion of this nature, let some of the citizens get involved in helping you with these decisions. Next time, let it go to a referendum. PUBLIC HEARING 1. RYE CENTER SERVICE STATION HOURS OF OPERATION On Motion made by Trustee Solomon, seconded by Trustee Daly, he public hearing was adjourned to the March 14, 1995 meeting upon a request made by the applicant. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTINGAYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. AMENDMENT TO CHAPTER 158 - NOISE Mayor Cresenzi opened the public hearing at 8:01 p.m. Trustee Daly stated that there were a few changes made in the language and asked that they be amended and the Board adopt the law. Attorney Powell suggested to make the changes and as a formality, continue the public hearing to the next meeting where the Board could adopt it if they choose to do so. Mayor Cresenzi stated that the law proposes that no trash can be picked up on the site prior to 7:30 a.m., however in the Village we begin trash pick up in the residential areas at 6:00 a.m. He questioned if this would create a conflict. Attorney Powell stated that this particular language refers to commercial pick up of trash. Mayor Cresenzi stated that you are telling two private contractors two different times creating an inequity in the ordinance. Attorney Powell stated that whether it is an inequity is a question for the Board to decide. There is a distinction between the two types of operation which is reasonable. Whereas one is more troublesome than the other or a different manner of operation than I think we can distinguish between the two types of operation. Perhaps Mr. Circosta may be aware what the distinctions are and what they would be. The language was developed so that it would not affect the Village. 4 5691 February 28, 1995 U Terry Mitchell of 33 Westview Avenue questioned how the Police Department will be enforcing this law. Mayor Cresenzi stated that in the past, the language was vague. If acts are prohibited it is easier to enforce. The Police Department would issue fines and the Judge would decide on whether or' not to lift the fine. Attorney Powell recommended keeping the hearing open until March 14, 1995. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the public hearing was adjourned at 8:05 p.m. to the March 14, 1995 Agenda Meeting. TRUSTEE DALY VOTING AYE TRUSTEE PFLLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRE SENZI VO'T'ING AYE 3. A LOCAL LAW AMENDING THE ZONING LAW ON DWELLINGS ON SMALL LOTS Mayor Cresenzi opened the public hearing at 8:05 p.m. Trustee Pellino stated that this is a redraft of Local Law 250-6 having to do with dwellings on small lots. This would be substandard lots under the current code which may be adjacent to existing lots that have already been built upon or substandard lots which although they are smaller in area than are required under the current code currently as long as they meet setbacks and front and side setback requirements they still have the building permit issued. The Zoning Code Update Committee decided to clear up this paragraph and tighten language. In Section 250-6A paragraph two, the word structure is replacing one family dwellings. In sub-section A, the addition was the wording: wholly or pgrtionally located within the same zoning district and the removal in that paragraph has to do with whether or not the property is under contract at this time. Paragraph D that is currently in the Code, allows for the provision of a waiver of the requirements of section A if the property was under ownership more than five years prior to the adoption of the Zoning Law back in 1954 and the Committee feels that after forty years, most people have pretty much decided that if they had a small lot next to them, whether or not they want to purchase it or not so the waiver requirements should be removed. If any further relief from this type of situation is required, we feel that the property owner has rights to go to the Zoning Board of Appeals for relief. A new section D has replaced the old and basically states that if an owner of a property has contiguous sub-standard lots those lots should be merged whether it is two, three or four lots, to do the most they can to bring those lots into conformance with the local zoning code. Paragraph C is a new paragraph to protect anyone in the future who has two contiguous small lots and merges them, they would be protected by any change. Trustee Pellino stated that the intent of this law, is to make merging provisions clearer and tighter and less ambiguous. 5 February 28, 1995 N 5 6 9 8 Trustee Zuckerman stated that there is no section in here that actually provides for how you merge two non-conforming lots other than through the new subdivision method. There should be a simplified procedure where an owner of two non-conforming lots can file a new plat with the Building Department to merge the lots without going through the subdivision procedure. The Zoning Code is designed to prevent subdivision without proper planning board approval but you want to encourage these types of lots to merged as easily as possible. Trustee Pellino questioned if Trustee Zuckerman was suggesting a modified procedure where you wouldn't have to necessarily file for a re-subdivision. Trustee Zuckerman stated that Trustee Pellino is correct. He added that perhaps the Board should consider the automatic merger of the two smaller parcels because if the same owner owned a certain number of parcels that the law should encourage an automatic merger of those parcels and not the building of any lots on smaller than allowable parcels. I an owner had two contiguous parcels that were both non-conforming, I don't know that building permits should be permitted on each of those two lots but that a merger should be made by operation of law. Trustee Pellino remarked that paragraph B states that the automatic provision that Trustee Zuckerman referred to would be in. The object is simply to bring the properties into a conforming nature and not to cause any excessive expense for the property owners. Attorney Powell stated that as he understands the lot merger the zoning ordinances that were originally adopted had property owners ending up with pieces of property that were smaller than could be used by the ordinance and had a right, almost as a matter of law, to a variance enforceably. The reaction of the Zoning Board was if you own a piece of property next to it, you are really not dividing your property, you are just putting it together. Trustee Zuckerman stated that anybody who owns a small lot should be able to merge it and to be forced to merge it. Mayor Cresenzi suggested that Trustee Pellino discuss the points made by Trustee Zuckerman with the Zoning Code Update Committee and also to work on a simplified procedure so that mergers may only have to file an application. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the public hearing was adjourned at 8:20 p.m. to the March 28, 1995 Regular Meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. HAROLD LEITMAN/58 TALCOTT ROAD SECT. 1, BLOCK 5H, LOT 29 SITE PLAN APPLICATION Mayor Cresenzi opened the public hearing at 8:20 p.m. 6 i February 28, 1995 U 69 x Bob DiLorenzo, on behalf of Mr. & Mrs. Leitman stated that originally, when they came in to apply for a building permit, they found that the property didn't fall under any laws in the Village as far as governing it. They have just been going through the motions of getting a Building Permit for this small addition. The addition is going to match the existing surfaces and design of the Talcott neighborhood. It is a small family room addition off of the kitchen and 90% of it is over the existing deck area. Mr. Circosta stated that Talcott is a cluster subdivision so our normal zoning code does not apply. The main concern he has was whether or not we could deal with this one parcel or if we have to amend the entire site plan and subdivision for the entire Talcott Woods project. It was determined that that wasn't necessary as it was not changing the impact of the footprint of the existing building so we received a recommendation from both Frederick P. Clark Associates and the Planning Board was made to approve this addition. Trustee Pellino asked if it was determined at the County if there was some type of deed restriction on those homes as to whether or not additions could be put on. Mr. Circosta stated that he went to the Westchester County Department of Land Records and pulled out the original subdivision map which had no deed restrictions. Mr. DiLorenzo stated that the footprint will not be changed dramatically. Mayor Cresenzi recommended that the Board close the hearing and directed Attorney Powell to draft an approval resolution if the Board agreed. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the public hearing was closed at 8:25 p.m. with an approval resolution to be voted upon at the March 14, 1995 agenda meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 5. APPROVAL OF SITE PLAN APPLICATION ST. MARY'S CEMETERY/MAUSOLEUM EXPANSION SOUTH RIDGE STREET On Motion made by Trustee Solomon, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION SITE PLAN APPROVAL ST. MARY'S CEMETERY SECTION 10, BLOCK 28, LOTS 1, 14,AND 15 7 February 28, 1995 0 0 5 ,O U WHEREAS, by application dated September 29, 1994, the Reverend William Bradley and Walter Rooney, on behalf of the Church of our Lady of Mercy, 260 Westchester Avenue, Port Chester, New York 10573, made an application for site plan approval to the Village of Rye Brook which was referred to the Planning Board; and WHEREAS, the applicant proposes to construct approximately 4,327 square feet to an existing mausoleum building; and WHEREAS, the proposed addition consists of approximately 744 crypts and when added to the existing 1,182 crypts, the building will in total contain 1,926 crypts; and WHEREAS, in conjunction with the proposed addition to the mausoleum the applicant proposes to add additional parking and internal roadways all of which will connect to High Street; and WHEREAS, on December 8, 1994 the Planning Board recommended approval of the proposed site plan to the Board of Trustees; and WHEREAS, on January 24, 1995 the Board of Trustees held a public hearing on the application consisting of a. Site Plan for Mausoleum Addition at St. Mary's Cemetery, Rye Brook, New York, denominated as s-1, (not including parking plan which is shown in item "c.") prepared by Bradford Conrad Crow Engineering Co., 10180 S.W. Nimbus Avenue, Suite J3, Tigard Oregon, 97223 and Hoogs and Pradhan Architects, Suite 415, 921 S.W. Morrison, Portland Oregon 97205, dated September 29, 1994 last revised November 22, 1994; and b. Landscaping Plan, St. Mary's Cemetery, dated December 29, 1994, denominated as Sheet 3, no preparer stated; and C. Parking Plan, St. Mary's Cemetery, dated December 29, 1994, denominated Sheet j2, no preparer stated; and d. East Elevation, St. Mary's Cemetery, dated December 29, 1994, denominated as Sheet 3, no preparer stated; and e. South Elevation, St. Mary's Cemetery, dated December 29, 1994, denominated as Sheet 4, no preparer stated; and f West Elevation, St. Mary's Cemetery, dated December 29, 1994 denominated as sheet 5, no preparer stated; and g. Site location plan, average height calculations, dated January 3, 1995, prepared by Walter Rooney AIA(one sheet). NOW THEREFORE BE IT 8 00570-1 February 28, 1995 RESOLVED, that the action is found to be an Unlisted Action under SEQR and the accompanying negative declaration is adopted; and it is FURTHER RESOLVED, that the site plan application is approved; and it is FURTHER RESOLVED,that the following conditions shall be imposed: 1. The barbed wire at the top of the fence on Ridge Street shall be removed. 2. Ingress and egress to the site will be limited to the two existing driveway connections on High Street. 3. All landscaping in the plan shall be maintained in good condition by the cemetery and any dead or diseased plantings shall be promptly replaced; and it is. FURTHER RESOLVED,that except as modified in this Resolution, all existing site plans for St. Mary's Cemetery shall remain in full force and effect. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. AUTHORIZING PAYMENT TO ELQ INDUSTRIES GARIBALDI PLACE PARKING LOT On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING PAYMENT TO ELQ. INDUSTRIES CONTRACT#9406 CONSTRUCTION OF GARIBALDI PLACE PARKING LOT RESOLVED, that payment in the amount of$9,737.50 is hereby authorized to ELQ. Industries for costs associated with the construction of the Garibaldi Place Parking Lot. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. AWARDING CONTRACT#9501/THREE WHEELED TRACTOR On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION AWARDING CONTRACT 09501 THREE WHEELED TRACTOR 9 February 28, 1995 U()57 U 9L" RESOLVED, that Contract#9501 is awarded to Turf Products Corp. for the purchase of a three wheeled tractor for the sum of$10,229.00; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents jnecessary or appropriate to accomplish the purposes of this Resolution. I TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE Z_,UCKERMAN VOTING AYE MAYOR CRESFNZI VOTING AYE 8. REFERRING SITING OF FIRE HOUSE TO THE FACILITIES COMMITTEE Trustee Zuckerman read the resolution. Trustee Daly suggested that we change the wording to state that we are only looking into the matter, not that we are definitely doing it. After much discussion, the Board agreed on the following resolution. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION REFERRING FIRE HOUSE SITING TO THE FACILITIES COMMITTEE RESOLVED, that the matter of determining the most suitable potential site for a Fire House to be located within the Village of Rye Brook is hereby referred to the Facilities Committee for a report and recommendation. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. ENTERING INTO AGREEMENT WITH WESTCHESTER SHORE HUMANE SOCIETY FOR ANIMAL CONTROL SERVICES On Motion made by Trustee Solomon, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING CONTRACT WITH WESTCHESTER SHORE HUMANE SOCIETY FOR ANIMAL CONTROL SERVICES 10 i I February 28, 1995 005,703 - RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with Westchester Shore Humane Society for animal control services as follows: Month] Total June 1, 1994 - May 31, 1995 $1,329.17 $15,950 June 1, 1995 -May 31, 1996 $1,399.08 $16,789 June 1, 1996 -May 31, 1997 $1,472.75 $17,673 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 Pellino questioned why the contract has the language pertaining to for cause" i t. Administrator Russo stated that we didn't want any cause and they wanted potentially more language than that in it and this is our compromise. Trustee Pellino pointed out that this is a three year contract which we are tying future boards to which may not be a good idea. Mayor Cresenzi stated that most of our contracts do have a cancellation clause in it. Mr. Mann stated that "For Cause" means that the Humane Society does not live up to the terms of the agreement, that is cause and vice versa, if the Village doesn't pay them or live up to the terms of the agreement that is cause also. I thought the Board wanted a cancellation clause for cause. We can't run the Human Society if you can go ahead and walk away from a contract at any time for any reason. We have to go through a budgetary process just like the Village does. We also have obligations to the animals, drivers, vehicles, insurance, etc. We have to make sure that the funds are there when we need them. Contracts are made to keep commitments and the law specifically allows leases and contracts that go beyond the year. Mayor Cresenzi asked Attorney Powell to give the Board his opinion on this matter. Attorney Powell stated that the Village initially asked for a contract that provided a "Without Cause" clause which was rejected by the Humane Society and the agreement we now have was a compromise, which is now up to the Board to decide on. Trustee Pellino pointed out that the Fire Contract has no "For Cause" provision. Attorney Powell stated that you do not have a breach for cause it would terminate the contract. Trustee Solomon questioned what the term "For Cause" meant. 11 February 28, 1995 0049°704 Attorney Powell stated that it means that the Village does not have the right, unilaterally, to go elsewhere for the services. The only way you can terminate the contract is if it is breached for cause, and you are bound for three years unless there is a breach of contract. Administrator Russo stated that Mr. Mann just defined his confession of clause, and suggested that perhaps we could resolve this issue, by attaching a copy of the minutes of this meeting as an understanding of what "For Cause" is to the resolution. The Board and Mr. Mann agreed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESFNZI VOTING AYE 10. AUTHORIZING CONTRIBUTION TO VETERANS CENTRAL COMMITTEE On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING CONTRIBUTION TO THE VETERANS' CENTRAL COMMITTEE WHEREAS,the Veterans' Central Committee is responsible for all free burials in Greenwood Veterans' Cemetery in Rye, including any Veteran from Rye Brook; and WHEREAS, the Veterans' Central Committee funds the annual local Memorial Day ceremonies and flag placing on graves of all Veterans from the Town of Rye. NOW, THEREFORE, BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby approve the payment of $750 to the Veterans' Central Committee, 10 Pearl Street, Port Chester, New York to assist the Veterans' Central Committee in the conduct of Memorial Day and Veterans' Day programs as set forth in the letters from Frederick C. Schmaling dated February 6, 1995. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12 February28 1995 .- ��J Jj0 11. AUTHORIZING PAYMENT TO CAPSTONE ENTERPRISES OF PORT CHESTER, INC. On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING PAYMENT TO CAPSTONE ENTERPRISES, INC CONTRACT 09303 - PLUMBING ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that payment in the amount of$2,717.50 is hereby authorized to Capstone Enterprises Inc, for costs associated with Plumbing work at 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 12. SETTING PUBLIC HEARING DATE ON APPLICATION TO AMEND SPECIAL USE PERMIT AT 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE APPLICATION TO AMEND SPECIAL USE PERMIT 62 BOWMAN AVENUE SECTION 1, LOT 23, BLOCK 4 RESOLVED, that a public hearing will be held by the Board of Trustees on March 14, 1995 at 7:30 p.m., 90 South Ridge Street, Rye Brook, NY on an application of Michael Goldstein, Esq. to amend the special use permit for 62 Bowman Avenue to permit use as an attorney's office. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13 i February 28, 1995 U U 5 7 U l3 13. REFERRAL TO THE PLANNING BOARD BROOKRIDGE HOMEOWNERS ASSOCIATION INC. AMENDING SITE PLAN APPLICATION On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION REFERRAL TO THE PLANNING BOARD BROOKRIDGE HOMEOWNERS ASSOCIATION,INC. AMENDING N ING SITE PLAN APPLICATION WYMAN STREET AND BROOKRIDGE COURT SECTION 1, BLOCK 22, LOTS 4AD11 TO 18, 4AD23 & 5 li WHEREAS, an application was received by Brookridge Court Homeowners Association, Inc. for an amendment to their Site Plan application at the property located at Wyman Street and Brookridge Court and also known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 22, Lots 4ADI I to 18, 4AD23 &5. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby refer this application for a Site Plan application amendment to the Village of Rye Brook Planning Board; and be it FURTHER RESOLVED, that the applicant shall contribute to the Village of Rye Brook, the sum of$500.00 for environment/consultant review of said application and such additional sums as may be required. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN` VOTING AYE MAYOR CRESENZI VOTING AYE 14. DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 21, 1995 VILLAGE OF RYE BROOK On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION DECLARING THE CANDIDATES FOR VILLAGE ELECTION MARCH 21, 1995 VILLAGE OF RYE BROOK RESOLVED,that pursuant to the provisions of the New York State Election Law, that the following two candidates have been nominated to fill the position of Trustee (2) for a two year term of office in the Village Election held on Tuesday, March 21, 1995 between the hours of 7:00 A.M. and 9:00 P.M. 14 005707 February 28, 1995 For Trustee: Joseph Pellino 8Terrace Court Rye Brook, NY 10573 Randy A. Solomon 65 Valley Terrace Rye Brook, NY 10573 ;and be it FURTHER RESOLVED, that the following propositions are submitted at the March 21, 1995 general Village Election for the approval or disapproval of the electors of the Village of Rye Brook: VILLAGE OF RYE BROOK PROPOSITION NO. 1 OF 1995 (MAYOR) Shall the qualified electors of the Village of Rye Brook in the County of Westchester approve Local Law Introductory No. 1-1995 adopted by the Board of Trustees of the Village of Rye Brook on January 9, 1995, which local law provides that the tern of office of Mayor shall be increased from two to four years effective April 1, 1996. VILLAGE OF RYE BROOK PROPOSITION NO. 2 OF 1995 i (TRUSTEE) Shall the qualified electors of the Village of Rye Brook in the County of Westchester approve Local Law Introductory No. 2-1995 adopted by the Board of Trustees of the Village of Rye Brook on January 9, 1995, which local law provides that the term of office of Trustee shall, subject to certain transition provisions to provide for biennial Village Elections in even numbered years, be increased from two to four years effective April 1, 1996. 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 DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15 i February 28, 1995 w 15. AUTHORIZING CHANGE IN STREET NAME - "MESSINA LANE" TO "LITTLE KINGS WAY" Administrator Russo read the resolution. Mr. Circosta, Director of Public Works, pointed out that according to the Subdivision regulations, Drive or Lane may be used for minor residential streets. Attorney Powell stated that he would like to review the regulations in detail and prepare a draft resolution for the March 14, 1995 agenda meeting. 16. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER RESOLVED, that 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 of Rye Brook Administrator: On-Line Checks: 10681-1-758 Pre Paid: NONE Payroll Checks: 15139-15328 Environmental: 452 Capital: NONE 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 DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 16 February 28, 1995 005703 17. REVISING INSPECTORS OF ELECTION RESOLUTION On Motion made by Trustee Solomon, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION REVISING INSPECTORS OF ELECTION RESOLUTION RESOLVED, that the Resolution adopted by the Board of Trustees on January, 24, 1995 and February 14, 1995 appointing chairpersons, Inspectors of Election and Alternate Inspectors of Election is revised as follows: Chairpersons and Inspectors of Election I Delete: #27 Annette Alimena, Chair 440 No. Ridge St. RSS 937-2595 Add: #27 Mildred Wolfson, Chair 4 Terrace Court RSS 939-0873 Alternate Inspectors of Election Add: Linda Ferrari 100 Leicester Street, P.C. 939- 9091 Minnie Melillo 270 Madison Avenue, P.C. 939-5130 ;and it is FURTHER RESOLVED, except as modified above and on February 14, 1995, all other provisions of the Resolution adopted January 24, 1995 shall remain the same. Administrator Russo explained that the purpose for amending this resolution, once again, was due to an illness of one of our Election Inspectors. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 18. RYE BROOK FIRE HOUSE Trustee Zuckerman stated that we basically discussed this at the previous resolution which referred the siting of a fire house to the Facilities Committee. He suggested that we wait and see what they come up with and discuss the matter in detail at that time. 17 February 28 1995 19. ANTHONY J. POSILLIPO COMMUNITY CENTER RENTAL POLICY AND FEE SCHEDULE Ms. DeMarco stated that she brought additional copies of the policy that she sent the Board on February 1, 1995. She also has provided for the Board members, a survey of several municipalities in Westchester County that was conducted this Summer by her office in order to obtain some type of reference for how to establish this policy. The Posillipo Center has been fully operational for four months now, since its opening in October of 1994 and is the home to the Rye Brook Seniors program during the day and a host of Recreational offerings in the evening hours. In keeping with the original use of the Anthony J. Posillipo Community Center, it is our intent now to offer the facility to the public for rentals. The Posillipo Center will provide a valuable resource of revenue to the Village of Rye Brook through the rental income the facility would generate. A survey of rental facilities throughout the County was conducted that provided the framework for the policy that is presented to you this evening. The policy details the rules and regulations governing use of the Posillipo Center. The facility is slated to be made available for activities of any educational, cultural, civic, service, social or general nature by responsible individuals, non-profit organizations and associations. The policy also outlines the types of activities or uses that would be prohibited. Two sets for residents and non-residents along with a mandatory Security Deposit and Alcohol Beverage Permit fee are also proposed. The Posillipo Center would be a non smoking facility as it currently exists. Consumption of alcoholic beverages would be prohibited without the written consent of the Village of Rye Brook and the issuance of a payment of a special permit fee and the Village has the right to deny any such approval. The Center shall not be used for any commercial purposes. Violation of the safety regulations or improper use of the facility would be cause for revocation of a permit for use of the facility. A refundable security deposit of$250 would be requested to be submitted at the time of approval for use of the center and the deposit would be used to defray any expenses the Village may incur for clean up or damages resulting from a renters use. The rental policy also includes a non- discrimination clause and detailed regulations governing actual use of the facility ranging from a reminder to leave the space as the renter has found it, to not using tape and tacks on our walls. Because the center is located in the heart of a residential area, the curfew that we set on all activity in the facility is requested to be 10:00 p.m. All fees for rental must be paid in advance and there is a cancellation clause and a clause that states that all security deposits would be returned to the renter one week after the event after an assessment is completed by a staff person following the event. We have proposed a resident and non resident fee schedule for activities that last for a duration of two hours to four hours. There are also different fees for the use of a kitchen opposed to not needing the kitchen. The alcoholic beverage permit fee is $50 which will be the same for all users and is consistent with the alcohol permit fee that we had charged for the old A.J.P. facility. The security deposit of$250 is also the same for all users. Ms. DeMarco added that upon a request made by one of the Board members, she contacted the Wainwright House, Lake Isle County Club and Rye Golf Club. It was difficult to extract information from those entities that we could somehow get into this policy. Basically, we had to speak with a wedding organizer who stated that they would not just rent out their space for any type of function and the caterer is part of the package. The survey that we conducted in the Summer consisted of community type centers such as ours and were a little more relevant to this use and this purpose. 18 February 28, 1995 00571-t. Ms. DeMarco pointed out a few concerns, which were raised in the memo written to the Board. One was to consider fundraising activities that do not directly benefit the Village of Rye Brook and what we should do with activities of that nature. Another concern was for the Board to consider whether or not they wanted to allow the use of the center to political groups and also whether or not the Board agrees with allowing the consumption of alcoholic beverages on site and if that opens up the Village of Rye Brook to any sort of liability. Mayor Cresenzi thanked Ms. DeMarco. Trustee Pellino questioned if there is a State law that makes the owners of a facility liable for any drunk driving accident that may occur as the result of consumption of alcoholic beverages at a site. Attorney Powell stated that he would research the issue. Trustee Pellino stated that he was concerned with events terminating exactly at 10:00 p.m. so as to be sure that the area residents are not disturbed. Ms. DeMarco stated that the curfew of the original Anthony J. Posillipo Community Center was also set at 10:00 p.m. and I do not believe that there were any problems associated with whatever events took place in that facility at that time so the site has remained constant. With a renovated facility, usage possibly may increase. The original facility was used thirty times out of a calendar year. I would anticipate that usage of this enhanced facility would be greater than that maximum established by the antiquated facility that we were renting to the public in the past. Trustee Solomon questioned how sound proof the building is. Ms. DeMarco stated that we have a special event coming up in March with live entertainment for the Seniors program and we will be better able to answer that question at that time. Trustee Daly questioned if the cost of caretaker is included in the price. Ms. DeMarco stated that caretaker costs are included in the price except if the renter exceeds the agreed upon limit for their event whereby, we would add $50 for every half hour over that time and additional costs for that individual would be born in that additional fee. Trustee Daly questioned why we have two different costs for use of the facility with or without the kitchen. Ms. DeMarco explained that some individuals have contacted us to use the facility only for a meeting and that would be a passive use of the facility. An active use would be if they were to use our commercial kitchen, The damages are potentially much greater to the Village should we allow the kitchen to be rented out as well so we believe that the fee should be greater. 19 I February 28, 1995 00:57:12 Administrator Russo pointed out, in reference to the noise issue, that we are only proposing to rent out the multipurpose room which is in the rear section of the property which is basically the same location of the old center. The old center, which did not conform to the zoning, was literally right on the property line so the building has been shifted over substantially, the area that we are renting is in the back and before, the picnic area was in the front of the building and now it is in a totally enclosed picnic area so it is going to be a positive in terms of the noise. Ms. DeMarco pointed out that in reference to the survey, not all municipalities are represented. We have thirteen municipalities here, some permit alcohol, others do not. As far as the fees are concerned, there are two or three that are right in line with the fees that we proposed for a four hour use and the sites are much older and not comparable to what we are offering to our community at the fees that we are suggesting. Mayor Cresenzi questioned when Ms. DeMarco was thinking of opening the center to the community for rental. i Ms. DeMarco stated that she would like something in place within a month, at least before the month of March is over so as not to miss out on the Spring time and Graduation and the many upcoming events of Spring and Summer. The Board agreed that Ms. DeMarco did an excellent job in providing the board with information and a very well put together policy. APPROVAL OF MINUTES 20. AUGUST 9, 1994 21. AUGUST 23, 1994 22. SEPTEMBER 13, 1994 23. SEPTEMBER 27, 1994 24. OCTOBER 12, 1994 25. OCTOBER 25, 1994 26. JANUARY 31, 1995 27. FEBRUARY 14, 1995 The Board agreed to hold the Approval of the above mentioned Minutes over to the March 14, 1995 Village Board Agenda Meeting as they were unable to complete reviewing them. ADJOURNMENT The meeting adjourned at 9:20 p.m. Respectfully submitted, Eliza eth Bottali Secretary to the Village Board 20 _ -- —