Loading...
HomeMy WebLinkAbout1995-03-14 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING MARCH 14, 1995 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. RYE CENTER SERVICE STATION HOURS OF OPERATION 2. AMENDMENT TO CHAPTER 158 - NOISE 3. APPLICATION TO AMEND SPECIAL USE PERMIT 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 DISCUSSION 4. SITE PLAN EXTENSION REQUEST ROYAL EXECUTIVE PARK - PHASE 3 OR IC IIESOLUTIONS 5. REVISING INSPECTORS OF ELECTION RESOLUTION 6. APPROVING AMENDMENT TO CHAPTER 158 - NOISE 7. APPROVING SITE PLAN APPLICATION HAROLD LEITMAN/58 TALCOTT ROAD SECT. 1, BLOCK 5H, LOT 29 8. APPROVING ANTHONY J. POSILLIPO COMMUNITY CENTER RENTAL POLICY AND FEE SCHEDULE 9. AUTHORIZING CHANGE IN STREET NAME "MESSINA LANE" TO "LITTLE KINGS LANE" 10. APPROVING REVISED FEE SCHEDULE TENNIS PERMITS/ TENNIS FEES 11. APPROVING RESERVES 1994/1995 FISCAL YEAR 12. APPROVING BUDGET MODIFICATION SUPPLEMENTAL SERVICES - VILLAGE ATTORNEY 13. CHECK REGISTER APPROVAL OF MINUTES 14. AUGUST 9, 1994 15. AUGUST 23, 1994 16. SEPTEMBER 13, 1994 17. SEPTEMBER 27, 1994 18. OCTOBER 12, 1994 19. OCTOBER 25, 1994 20. JANUARY 31, 1995 NEXT MEETING DATES MARCH 21, 1995 - CANVASS OF VOTES MARCH 28, 1995 - REGULAR BOARD OF TRUSTEES MEETING ITEMS FOR MARCH 28, 1995 1. A LOCAL LAW AMENDING THE ZONING LAW ON DWELLINGS ON SMALL LOTS ELECTION DAY! ! ! DON'T FORGET TO VOTE ON TUESDAY, MARCH 21, 1995 7:00 A.M. - 9:00 P.M. I MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORI{ MARCH 14, 1995 CONVENE MEETING The Meeting was called to order at 7:30 p.m. By Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele 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 Kenneih 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. 1 March 14, 1995 00571-44 PUBLIC HEARING L RYE CENTER SERVICE STATION HOURS OF OPERATION Mayor Cresenzi opened the public hearing at 7:30 p.m. Robert Mascali, of the firm Gioffre, Gioffre and Mascali stated that he is present on behalf of the applicant. The matter before the board this evening is to extend the hours of operation. The present hours were previously approved by the Town of Rye Board in 1967. The hours of operation were set to be from 7:00 a.m. to 9:00 p.m. Mondays through Saturdays and 8:00 a.m. to 8:00 p.m. on Sundays. The applicant proposes to operate from 6:00 a.m. to 12:00 a.m. Monday through Saturday and 6:00 a.m. to 9:00 p.m. on Sundays. At the Planning Board they submitted letters of support from about 150 customers of the service station, the majority of whom reside in the Village of Rye Brook. This evening we have additional support letters which we ask to submit for the record. An analysis of the operating hours of the surrounding area, particularly the three shopping centers, was completed and will also be submitted as part of the record. The property is located in the C- 1 Commercial Zone. The neighborhood has changed drastically only over the past couple of years and definitely since 1967 when the original resolution was adopted. Back then, the only shopping area was in Rye Ridge which contained a Supermarket that closed at 6:00 p.m. and was not opened on Sundays. The request is due to the response of a need expressed by many of the applicants over the past three years. We are asking for the Board to consider whether or not continuing the restriction of hours is reasonable in light of the situation as it exists today. We are not so much governed by the provisions of the Code of the Village of Rye Brook as they effect the issuance of special permits. This is something that was approved in 1967, was not governed by this Board and is an existing non- conforming situation under a special permit as this Board knows which is presumptively a permitted use. Consequently, it is more a question of the Boards discretion as to whether or not it is reasonable to restrict this applicant to a set of circumstances that were reasonable 28- 29 years ago when everyone did their shopping and went home at 6:00 p.m. To date, people, by and large, are shopping later at night. They get gas when they are going to Blockbuster Video and when they are going to the Supermarket. According to the local newspaper, Edwards intends to open twenty four hours a day starting in the very near future, so it is not so much whether or not the applicant fits within the guidelines of today's code but whether this Board, can, in good conscience and acting in its discretionary capacity deny this application. Determined that those hours of operation are reasonable in today's situation. Mr. Mascali recited the many changes that have taken place in Rye Brook such as the Medical Building, the expansion of shops behind the Rye Ridge Shopping Center, 200 South Ridge Street, the Senior Citizen Housing on Bowman Avenue and the new traffic light at Ellendale Avenue. The major retail service establishments are open well beyond the hours that this applicant is constrained to operate because of what was done in 1967. Throughout the process, the applicant has always been cognizant of the needs of the residential neighbors and on their behalf, the applicant has authorized me to advise this Board that if the hours are extended, we would take steps to lessen whatever impact there is, if there is in fact any impact at all, by installing landscaping along the Bowman Avenue side of the property and by making sure that the lights will not be lit so that there will be little inconvenience to the residential neighbors. We believe that the landscaping will buffer the noise and the light. 2 March 14, 1995 00571 Mr. Mascali stated that it is also important to realize that the thrust of the utilization of the service station is really on Ridge Street and most of the traffic that comes into the service station is on Ridge Street. The traffic existing back onto Ridge Street and whatever goes through to Bowman Avenue is not so much because of the gas station itself, but because of people who are fed up with that light and use it is as a cut through to get onto Bowman Avenue. The objections of the neighbors are really not to what the applicant proposes to do, but to the very fact of the applicants existence. He has been there for 28 years and whether you extend the hours of operation a few hours is not going to change the nature of operation of this service station. In the Planning Board, night deliveries was discussed and there has been very few circumstances over the past eight years that they have been involved with operating the station. They do not utilize night time deliveries and clearly the extension of the these hours will not be anything that would increase night time deliveries. The only use in the Village Zoning Code where the Board of Trustees has the ability and legal right to impose hours of operation have to do with a bowling alley. We really are not bound so much by the general reading of the Village's zoning code as whether or not we are dealing reasonably with what this applicant seeks to do today. If you read through those petitions and letters, we don't claim that they are all Village of Rye Brook residents, however a substantial number of them are. There is a need for this service for the people in Rye Brook and it is not so much a question of zoning, planning or land use but a question of fairness. To burden this applicant with these conditions that were imposed 28 years ago is unfair when every other commercial user is able to have later hours. This does not allow my client to service all of their customers the way all of the other retail establishments are permitted to service their customers. He thanked the Board and offered to answer any questions. Trustee Daly questioned if the service station is involved in towing and would that be extended also. Mr. Mascali stated that they do operate a twenty four hour towing service but the station is not opened twenty four hours. Trustee Daly questioned if they have a store where they sell soda, cigarettes, etc. Mr. Mascali stated that they do but they don't sell alcohol. Trustee Daly stated that when you compare the hours of the other establishments that are open in the area, the noise is taking place inside the establishment whereas the service station will have the noise on the outside of the establishment. There is a difference in the two because the area residents are more apt to hear the noise coming from an outside establishment opposed to the inside. Mr. Mascali stated that he did not think gassing up a car is that noisy and not to mention that the intent is to landscape along Bowman Avenue which we believe will alleviate whatever noise there is. We are not talking about a substantial generation of business. This is a presumptively permitted use. Trustee Daly stated that there is really nothing in the area that opens that early 6:00 a.m. on Sunday. 3 March 14, 1995 005716 Mr. Mascali stated that there are customers who are residents of Rye Brook that specifically question the late hour of opening up of the service station. I am sure that we would consider amending the application with respect to the Sunday hours of operation if that was the prime concern of the Board. Trustee Pellino stated that according to Chapter 250-6 of the Zoning Code, it says that in reference to Special Use Permits, operations will not be objectionable for nearby dwellings by reason of noise, fumes, vibrations or flashing of lights to a greater degree than is normal with respect to the proximity of commercial or industrial uses to residential uses. It seems as though Mr. Mascali has acknowledged that there is going to be an impact on the neighboring residences by virtue of the fact that you are willing to install plantings and so forth to help absorb noise and not put on lights at a certain hour of the evening to create a lesser impact so my question has to do with the fairness issue brought up by Mr. Mascali. Don't the residents have a fairness issue as well if they are objecting to the later hours. Mr. Mascali stated that he does not acknowledge that the provision that Trustee Pellino cited governs this application. We are dealing with something that was adopted in 1967 and we asking this Board as the successor to the Rye Town Board to consider amending that special use permit, not so much that these provisions necessarily govern this application. I hope that this Board will not hold it against the applicant for trying to alleviate what may or may not be a situation. We said that we would take steps to assist whatever that impact was, if any, but if there is a minimal impact we are willing to work together. Neighbors are always going to be concerned with what goes on in their immediate neighborhood, but I don't think people move into a particular home because the place closed at either 8:00 p.m., 9:00 p.m. or 10:00 p.m. When you live in an area where there is a gas station, you move in there with your eyes open, you are not going to care what the hours of operation are necessarily. Is it fair to restrict this applicant to what was fair 28 years ago? Trustee Pellino stated the Frederick P. Clark Memorandum dated December 19, 1994 which states that there was some discussion at the Planning Board level about the possibility of increased activity around the station late at night and the fear of more criminal activity which they were very concerned about. He asked that Mr. Mascali respond to that issue. Mr. Mascali stated that in his opinion, that is a red herring and a completely unsubstantiated perception to make this look like something it is not. When was the last criminal activity that occurred at 8:55 p.m. at this gas station. Is there going to be a difference between whether it is 8:55 p.m. or 10:55 p.m. Is there going to be any increased activity because Edwards may be open twenty four hours a day? A memo from the Rye police states that there is an increase risk of opportunities for crimes to be committed. All risks and activities can occur any time during operation when you extend business hours. What does that mean, keep the business open for only one hour and there will be no crime in the Village of Rye Brook? If so, than you have a major problem on your hands with two shopping centers that are going to be opened twenty four hours a day. I think your police department is a heck of a lot better than that. Trustee Zuckerman questioned if Mr. Mascali was taking the position that the gas station has the right to operate at any hour without our approval. 4 March 14, 1995 005717 Mr. Mascali replied no, but is suggesting that they are governed by the provisions of the resolution that authorized its existence in 1967 and that came with certain conditions. One of those conditions was the hours of operation and I am suggesting that this Board in its capacity as successor of that board has the ability and discretion to consider an amendment of those hours of operation in light of what today's situation is as opposed to 28 years ago. Mayor Cresenzi pointed out that Mr. Mascali stated that the zoning code doesn't grant this board the discretion to restrict hours of operation. Mr. Mascali stated that he does not believe that this code governs this application because what this application is doing is relating to something that was done under a completely different code. What I did suggest was that in reading the Code, if we want to get some guidance from what the code permits and doesn't permit if we were starting from ground zero today, the only provision of the code that speaks about special permits where the board has the specific authority to limit the hours of operation is where the special use concerns a bowling alley, so if we going to start tomorrow with a new gas station on a new special permit, you would have to seriously consider if for operation of a bowling alley you can specifically limit the hours of operation whether by implication that may mean that you don't have that authority with some other use. Trustee Zuckerman questioned if any studies were done on either the noise or light affects on the neighbors. Mr. Mascali stated that the lighting is going to continue for three more hours. He did not know what a professional study could determine. Trustee Zuckerman stated that we live in era of environmental impacts where people are much more concerned about quality of life issues and we have laws that are different today than they were in 1967 regarding studies that have to be done and I was just wondering what impacts there would be on the residents and what professional studies would have to be forthcoming before we made any change. Mr. Mascali stated that we have not performed any professional studies. Mike Pinto, of the Rye Center Service Station stated that when the station was rebuilt in 1990 there was a lighting plan done and there was no lighting to spill out on any streets and the Village has that as it is part of the site plan. Mr. Mascali reiterated that the lighting, at least on the Bowman Avenue side will be discontinued at the risk of having it lend some impact to this. Trustee Zuckerman stated that lighting is there for safety and questioned if it was discontinued for convenience, don't you impair safety in some way. Mr. Pinto stated that when the house was removed across the street, the Division Street neighbors complained of the light being on so this is only being done to appease them. 5 March 14, 1995 005718 Fred Braunschweiger of 82 Lawridge Drive stated that this is not a gas station, this is a service station and feels the Board should really bend over backwards for a small business that wants to stay open and bring more revenue into the Village. I can come up the Hutch and stop at a station there but I can't call them to get my battery charged or something else, if I need them. Why can't the Board update this 1967 ruling and allow extension of hours. He stated that he does not appreciate the airplanes going over house all the time, but that is just one of the inconveniences that he has to live with just like the neighboring homes of the service station. Trustee Daly stated that if the hours are extended, it is only going to be for gas, repairs are going to be limited to the hours of 8:00 a.m. to 6:00 p.m. on Monday through Saturday only, so you would still not be able to get full service. Mr. Braunschweiger stated that he would like to use them for gas at 9:30 p.m. when he gets home so they know that he is a customer, not stopping on the Hutch and pumping his own gas. Trustee Daly stated that customers will have to pump their own gas there as well because it will only be self service. Mr. Braunschweiger stated that they would still know from the charges that he is a full time customer and knowing that they would go the extra yard to help him in the morning when his car doesn't start, as he is a loyal customer. Gene Wells of Division Street stated that when he moved to Division Street 40 years ago, we had a milk company where the Exxon Station is and a small gas station where the Mobil Station was and not shopping center. When Mr. Mascali stated that we purchased our homes near a gas station, our homes were there first. Times have changed and traffic is unbearable. As for the names that they got on the gas station, those people don't even live in the area, just like the man that lives on Lawridge Drive. We can't even sit in our backyards and enjoy our homes. We smell gas being delivered which is quite often. It is the responsibility of the Board to protect the residents of this area. This should have been killed at the Planning Board but two Planning Board members do not live in the area and do not have the best interest of Rye Brook in their hearts. Pete Cooper 206 Leicester Street, Port Chester and a long time customer of Rye Center Service Station stated that it would be very helpful for him to have a local place that he could get gas as he arrives home late in the evening from work. He added that his wife shops at the food emporium and he feels very safe having her come into Rye Brook shopping there in the evening and getting gas than going other places. The Rye Brook Police have everything under control and could definitely handle this. Monroe Mann stated that this is not a Commercial HUD as Mr. Mascali referred to, but a residential district. He added that the Exxon Station also submitted to the Planning Board a petition signed by over one hundred area residents, meaning immediate area residents, who must be considered. He added that the Board must think that he is here representing the Exxon Station, but his client is not in favor of these extended hours. He only has one or two customers between 6:00 a.m. and 8:00 a.m. 6 March 14, 1995 005719 Mr. Mann stated that the Board should consider cutting the hours back. If residents cannot buy their gas between 6:00 a.m. and 9:00 p.m. there is something wrong with them. It is only three more hours, but the next application will be for twenty-four hours. The Rye Center Service will be a self service station during the extended hours which is an invitation to crime because there is only one person working inside behind the cash register. Most crimes happen at night because there are fewer people around at night, it is dark, quiet and they can do their dirty work at night. You are inviting the criminal aspect into the area. Mr. Mascali commented that the neighbors knew where they were buying a house but what he fails to mention is when his client purchased the station five years ago and he knew what I!t the hours were and accepted them at that time. There is going to be an invitation to all of the traffic from I-95, the Merrit Parkway, 287 that there is a station open until midnight in Rye Brook. All of the business will be from outsiders, not from residents. As for the resident that spoke about charging his battery, you don't charge a battery between 9:00 p.m. and Midnight because there will be no one there to do it for you. As for night deliveries, how many times have you driven by at 2:00 a.m. and seen night deliveries and what you are inviting is deliveries up to midnight, at least. The equities lie on the side of the residents, not on the side of the self service operator who wants to increase his revenue. It is not going to bring more employment into the Village, it is going to bring more traffic into the Village and more noise. It will bring more revenue for Mobil, but that does not help the Village. If the Board votes to have the hours remain the same, they will be doing the residents a service and the Village a service. Mr. Mascali stated that he is prepared to produce proof to this Board that the night deliveries at this station, as opposed to the Exxon Station, are very few and far between and we would certainly be prepared to condition or conceive that there will be no night deliveries during the extended hours if this Board grants the application before you and increases the hours. In reference to the comment made by Mr. Mann, one of the prime motivations of this lapplication has been due to the development of the Ridge Street area since they purchased the station five years ago and there has been a change of circumstances that they have no control over but are trying to respond. The margin of earning money on gasoline is very, very small. There is not going to be that substantial generation of business as a result of these extra hours. What the applicant is trying to do is keep its customers at its station so that they don't go somewhere else. It is terrible to hear Rye Brook residents say: "Go to Port Chester and buy your gas". Sooner or later people will go to Port Chester to buy many other things as well. I submit that there is a question of fairness, but it has to come down on the side of the applicant who is governed by something that is 28 years old. Mayor Cresenzi asked Mr. Mascali to provide the Board with times of deliveries over the last three or four months and asked if they have any idea, roughly, how many additional cars would be served if this time was extended. Mr. Pinto stated that they don't have a very large increase of cars, maybe 10, but what we do expect is the people who are not coming to us due to lack of convenience, to come to us if we increase our hours. The residents have come to us and told us that they want us to be open longer. Mr. Braunschweiger stated that as a business owner, if there is no profit, you don't stay open. Who knows if it will be worth it, but not to give them a chance isn't fair either. 7 March 14, 1995 00 15 720 Mr. Mascali stated that what he wants the Board to understand is that the motivation for this is not profit generated, it is to service their cliental, it would not appear that the numbers would be so staggering that the neighborhood would be so impacted as a result of this. The problems that these residents face is not because the service station is there, it is because they live in a very heavily developed area that was not that way many years ago. Trustee Daly questioned if the repairs are going to be limited to the hours of 8:00 a.m. and 6:00 p.m. on Monday through Saturday only because it says that in the July Frederick P. Clark Associates Memorandum, but not in the December memorandum. Mr. Mascali confirmed that there will be no repairs on Sunday. Mr. Wells stated that if these gentlemen give good service to their customers and the customers are satisfied, I am sure their customers will make sure that they get there before 8:00 or 9:00 to get their gas or whatever they have to do. He added that he goes all the way to Rye because he likes the service he gets and he goes during the hours that they are open. Mr. Mann quoted a 1922 court case entitled Dodge Brothers vs The Ford Motor Company where Dodge Brothers successfully sued Ford Motor Company who was selling a car at a low price of $295. in order to make it possible for poor people to have ears. Dodge Brothers were unhappy and the Supreme Court's reasoning was the only reason for the existence of a corporation is to make money which Ford was not doing when they chose to sell the car for $295. Ford was required to go ahead and raise the price of their cars but Dodge was still unhappy so Ford had to get rid of them, Dodge bought them all out and started another company called the Dodge Brothers Motor Car Company. The reason for this example is because for Mobil to say that they are only going to sell 100 gallons of gas in three hours, it is not sensible. They make four cents per gallon, so that is four dollars for which they are going to stay open. He has got to know now that it will be more like five thousand gallons and it is going to come from someplace. They are staying open for the transient people that he is going to bring in which will not benefit Rye Brook. If you want to keep the residents happy, don't extend the hours. Trustee Solomon stated that if we extend the hours of the Mobil Station, will the Exxon be following suit. E Mr. Mann replied yes and the problem will then be doubled. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the public hearing was closed at 8:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi suggested that we list this topic under Discussion at the next board meeting and decide what direction that we want to give to council for as far as a resolution. He also stated that he would like to see the information about the deliveries for three months or so. 8 March 14, 1995 .00-572-1 Mr. Mascali stated that he would get that information. Trustee Daly questioned if the applicant is going to pay the environmental impact fee. Mr. Mascali stated that payment has already been made. 2. AMENDMENT TO CHAPTER 158 - NOISE Mayor Cresenzi opened the public hearing at 8:35 p.m. Attorney Powell stated that at the meeting a request was made to change certain provisions of the noise law draft. The provision in the draft that would require that the sound be audible off the site of the property was eliminated and there was a typographical error corrected. There are two versions of the local law in front of the Board because there was a difference of opinion regarding commercial pick up of trash whether there should be common hours of both the commercial and the municipal pick up or whether the commercial pick up should be regulated so as to start at 7:30 a.m. The only difference between version #1 and version #2 is the hours of commercial pick up of trash. Mayor Cresenzi stated that in Section D it refers to not being able to operate the trash compactor between 9:00 p.m. and 7:30 a.m. How does that affect the two restaurants. Does the Rye Ridge Deli and Pizza and Brew operate during that time period. Mr. Circosta stated that he is not aware of the operation but their hours of business extend beyond 9:00 p.m. so there may be a need to operate the compactor at that time. Mayor Cresenzi asked Mr. Circosta to look into the matter and obtain that information. Terry Mitchell stated that Pizza and Brew happens to be the biggest contender on the noise law, emptying their trash between 11:00 and 11:45 p.m. and on weekends there are two trucks and they wheel it down to the compactor and then bang it into the machine and turn on the machine and you have to be stone deaf not to hear it. Trustee Daly made a motion to close the public hearing. Mayor Cresenzi stated that he did not want to close the public hearing. He wants the information from Rocco. We have heard it from Terry Mitchell but I would like to know if the man has garbage to throw away and it has to go in the trash compactor where is he going to store it. He won't store it in his place of business, he will probably store it outside which will either smell or draw rats. Trustee Daly questioned if we didn't just close the last public hearing in order for them to get us information. Mayor Cresenzi stated that Trustee Daly is referring to the delivery time information, this is a prohibition of operation if we close the hearing. Trustee Zuckerman stated that we have not yet discussed sub-section E. 9 March 14 1995 � Mayor Cresenzi questioned which version of the law Trustee Daly was going to close the hearing on. Trustee Daly stated that either one is okay with her, whatever the Board's pleasure is. Trustee Solomon stated that he is very concerned about having rats behind the shopping center. Mayor Cresenzi stated that from what Terry Mitchell said earlier on, the trash is wheeled down from the restaurant, put into the compactor and there is a mechanical operation that takes place. What this would do is eliminate that. Trustee Zuckerman stated that the law would only eliminate operating the trash compactor, it would not eliminate taking the garbage to the trash compactor. Once the garbage is wheeled to the trash compactor, do they compact it at that particular time. He suggested that we ask the owners of the food establishments that operate a compactor to attend our next hearing and possibly explain how they operate so that we can develop an ordinance that would make everybody reasonably satisfied. We are making an ordinance that is effecting him and he is not even here to let us know how it is affecting him. Mayor Cresenzi agreed with Trustee Zuckerman and directed the Administrator to contact the establishments that use a compactor to attend the next meeting. He suggested that the hearing be kept open until we meet with the appropriate parties. Trustee Daly questioned what we will do if the Deli, Pizza & Brew and Edwards don't want to come to the public hearing. Trustee Zuckerman questioned if John Merritt should be invited. Mayor Cresenzi stated that it may ruin his night. Trustee Zuckerman stated that he may have something to say about commercial pick up in the shopping center. Mayor Cresenzi stated that it really revolves around the three tenants previously mentioned, but Mr. Merritt has a right to attend any of our public hearings. Mr. Heller stated that it is really the management of the shopping center that can enforce it. Mayor Cresenzi suggested the Mr. Circosta visit the three tenants and verbally inform of the meeting and also directed Attorney Powell to write a letter inviting them to the meeting on March 28, 1995 at 7:30 p.m. 10 March 14, 1995 005723 On Motion made by Trustee Solomon, seconded by Trustee Pellino the public hearing was adjourned at 8:55 p.m. to the March 28, 1995 regular Board meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. APPLICATION TO AMEND SPECIAL USE PERMIT 62 BOWMAN AVENUE SECTION 1, BLOCK 23, LOT 4 Mayor Cresenzi opened the public hearing at 8:55 p.m. Robert Mascali, of Gioffre, Gioffre & Mascali stated that he was present this evening on behalf of the applicant, Michael Goldstein an attorney who practices at 111 Bowman Avenue. He has recently contracted to purchase 62 Bowman Avenue and has made application to the Planning Board for approval and a unanimous recommendation has been made to this Board for an amendment to the special use permit that was granted in 1987 to the former owners Gary and Angela Stromberg with respect to the utilization of this property which is in a residential area. Mr. Goldstein proposes to have two attorneys and three full time staff members present. Normal hours of operation would be from 9:00 a.m. to 5:00 p.m. and also Saturday mornings and otherwise specifically by appointment no later than 8:00 p.m. Mr. Goldstein's practice is primarily limited to adoption work and therefore the traffic generation in this business is not as great as it might be in a general practitioner's law firm. This type of use in this area is a permitted use under a special use permit. Trustee Pellino verified that the Saturday hours would be from 9:00 a.m. to 1:00 p.m. and during the week, the hours would go no later than 8:00 p.m. Mr. Mascali stated that Trustee Pellino was correct. Mayor Cresenzi, being there were no further questions, asked for a motion to close the public hearing. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the public hearing was closed at 9:00 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi directed Attorney Powell to prepare an approval resolution as the Board of Trustees is in agreement that there are no problems with this application. 11 March 14, 1995 DISCUSSION 00 5 '`�<i 4. SITE PLAN EXTENSION REQUEST ROYAL EXECUTIVE PARK - PHASE 3 OR 1C Attorney Powell explained that the existing site plan resolution on Royal Executive Park Phase III requires an interpretation of the resolution at the end of this month and the applicant has requested an extension of five years for various reasons, one being that there was a delay with the New York State Department of Transportation and the other is that the market in Westchester has been very poor. The matter of extending it is before the Board and is in their discretion. An issue that is a little bit arcane is if there is a concern on the part of the developer that a site plan will be extended becomes an incentive for a builder to dig a big hole and put a foundation in there to get vested rights in order to preserve a site plan approval. There are many considerations but these are the most important. Trustee Solomon questioned if they have plans to start this building any time soon. Mayor Cresenzi stated that once they have been able to negotiate a deal with an occupant for the building than it will probably move forward but that could take two or three years from the time you get into negotiation. The reason for the five year extension is that it takes that much leg work and marketing. It is not in the best interest in the Village to deny this request because we don't want them to dig a hole and put a foundation in. Trustee Pellino stated that if the appropriate procedure is to apply for a five year extension, that is fine, but when will the extension commence. Joel Sachs, on behalf of Royal Executive Park, explained that there is a little legal difference which he and Attorney Powell have had but for purposes of this resolution we are now conceding that the initial five years will expire in two weeks so that the extension that we are requesting will give us to March 27, 2000. Trustee Pellino clarified that Mr. Sachs, if the resolution is approved, is agreeing that the five years commences upon the expiration of the original resolution. s Mr. Sachs replied yes. Mr. Heller stated that there was a very extensive environmental review done and questioned if this is to go on for five years before any building, would this Village then be able to subject this project to additional environmental review. Mayor Cresenzi stated that to the best of his knowledge, the only thing that would happen is that they would have to comply with the Wetlands Ordinance that was passed because there are no permits issued so that would be the only change that would have to take place. Mr. Heller asked if this grandfathers them into the traffic study as it changes constantly. Mayor Cresenzi stated that he did not believe that there are any additional changes required in the environmentals with wetlands being the only change. 12 March 14, 1995 00, 723 Mr. Heller stated that he believes that they have filed certiorari's and now the additiohhl. building will require additional police and fire protection and does not think the applicant is currently paying its way in the area of taxes. He added that he is bothered by these developers coming in, getting the certiorari's and leaving the homeowner to pay for their police and fire protection because they were able to get tax relief. Mayor Cresenzi stated that they are still paying taxes. They just feel that they are overassessed and are using a tool that any business person would use at that particular time and it is not fair to link the two. Mr. Heller disagreed with Mayor Cresenzi and added that these corporations should have their own fire and police and use the Village's as back up which they do in other places. We are giving them the right to delay their building plans for five years at their convenience when they can make the most money when things are going to change. They are not giving back to the community for what we are giving them. Mayor Cresenzi stated that there are services that we give to the residents that we don't give to the corporations such as garbage removal and snow removal. We do provide police and fire but police there is at a minimal usage, it is far greater at Arrowwood and the Hilton. Trustee Zuckerman pointed out that they don't send children to school, but they are paying school taxes. Mayor Cresenzi stated that Royal Executive Park, as a whole to the Village, has been an excellent neighbor and whenever the Village has had needs and gone to them for different things they have always cooperated with us tremendously. Trustee Solomon stated that London & Leeds has always gone out of their way to do many things for the Village and has been a very good resident. We can't tie their request for a certiorari to denying them this, which will not do a service to the Village. Mr. Hroncich stated that they have been an ongoing contributor to the Village of Rye Brook Birthday Celebration for many, many years. On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION EXTENDING SITE PLAN APPROVAL ROYAL EXECUTIVE PARK - PHASE 3 OR IC SECTION I, BLOCK 3, LOTS 2, 3 AND 4 WHEREAS, in 1989, London & Leeds Corporation, general partner of Royal Executive Park, submitted a site plan application to the Village of Rye Brook for Phase 3 of Royal Executive Park (otherwise known as Phase 1-C of Royal Executive Park) to construct a final portion of the Royal Executive Park corporate office park consisting of approximately 345,000 square feet of gross floor area in three buildings on approximately 31.36 acres, together with parking, landscaping, utilities, drainage facilities and site improvements; and 13 March 14, 1995 0057P6, WHEREAS, on March 27, 1990, following an extensive site plan and environmental review process, which included preparation of a draft and final environmental impact statement, the Board of Trustees granted site plan approval in a Resolution which, in part, provided that: this approval shall expire five years from the date of this resolution, if the modifications and conditions set forth below have not been completed to the satisfaction of the Village Board of Trustees, including specifically those conditions set forth in paragraph 19 of this resolution, except"as set forth below, or the applicant has requested an extension of this approval in writing. and WHEREAS, Joel IL Sachs, Esq. of Keane & Beane, Esqs., attorneys for London & Leeds Corp., has made a request on behalf of London & Leeds Corp. in a letter dated February 13, 1995 for an extension of site plan approval for five additional years explaining that certain delays were encountered with N.Y.S.D.O.T. in respect to improvements on King Street and that the office building market in Westchester County has been extremely sluggish for several years; and WHEREAS, Mr. Sachs has also set forth an interpretation of the site plan resolution on behalf of London & Leeds Corp. in which the initial five year period would not have commenced, but further notes the more prudent course of action is to apply for an extension in any event; and WHEREAS, permit renewals are Type II actions under SEQR if, as here, there are no material changes in conditions or activities and a Type II action is an action which has been determined under regulations not to have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, that the application for extension of the site plan approval for Royal Executive Park Phase 3, as set-forth in the Resolution of the Board of Trustees on March 27, 1990, is granted, and the period of the approval, as set forth in paragraph one of the Resolution, is extended to March 27, 2000; and it is FURTHER RESOLVED, that, except as set forth above, all other terms and provisions of the Resolution adopted March 27, 1990 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 RESOLUTIONS 5. REVISING INSPECTORS OF ELECTION RESOLUTION Administrator Russo explained that this resolution was due to various illness among our Inspectors. 14 March 14, 1995 00572 1 On Motion made by Trustee Pellino, 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, February 14, 1995 and February 28, 1995 appointing chairpersons, Inspectors of Election and Alternate Inspectors of Election is revised as follows: Chairpersons and Inspectors of Election Delete: #22 Angela Repaci 20 Woodland Drive BBHS 939-9051 #23 Anthony Moore 16 Woodland Drive RSS 939-7718 Add: #22 Anthony Moore 16 Woodland Drive BBHS 939-7718 #23 Barbara Nardi 10 Woodland Avenue RSS 939-8308 FURTHER RESOLVED, except as modified above and on February 14, 1995 and February 28, 1995, all other provisions of the Resolution adopted January 24, 1995 shall remain the same. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. APPROVING AMENDMENT TO CHAPTER 158 - NOISE Mayor Cresenzi stated that this item is off the agenda as the public hearing was adjourned to March 28, 1995. 7. APPROVING SITE PLAN APPLICATION HAROLD LEITMAN/58 TALCOTT ROAD SECT. 1, BLOCK 5H, LOT 29 On Motion made by Trustee Solomon, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION HAROLD LEITMAN 58 TALCOTT ROAD SECTION 1, BLOCK 5H, LOT 29 WHEREAS, an application has been made by Harold Leitman for site plan approval to add an addition to a home at 58 Talcott Road, Rye Brook, New York; and 15 March 14, 1995` WHEREAS, the application was referred to the Planning Board which has recommended approval of the application; and WHEREAS, the action is found to be a Type II action under SEQR; and WHEREAS, the application consists of a plan entitled: New Family Room at Leitman Residence, 58 Talcott Road, Rye Brook, N.Y. prepared by Geoffrey Craig Williams, Architect, dated September 9, 1994. NOW THEREFORE BE IT RESOLVED, that the application is granted and the Mayor is authorized to sign the site plan. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. APPROVING ANTHONY J. POSILLIPO COMMUNITY CENTER RENTAL POLICY AND FEE SCHEDULE Trustee Solomon stated that he wanted to increase the Non-Resident fees by $50 for the Multi-Purpose Room usage and $100 on the Security Deposit. Ms. DeMarco questioned if Trustee Solomon wanted to increase those in addition to the increase that was made from when this was before the Board two weeks ago. Trustee Daly questioned if it was felt that a non-resident was a greater risk of security than a resident. Trustee Solomon replied yes, he does. Mr. Grant 39 Garibaldi stated that he is a resident that lives adjacent to the Community I Center and is questioning the hours that the center would be available for rental. Ms. DeMarco gave a brief background of the Rental Policy and stressed that all activity must conclude by 10:00 p.m. She also gave a copy of the proposed Anthony J. Posillipo Community Center Rental Policy to Mr. Grant for his perusal. She pointed out that we didn't propose any change to use of the facility than what had occurred when the original Posillipo Center was operational in terms of rentals so we tried to keep the needs of the residents in mind. Mr. Grant stated that there was a rumor that there would be extended hours and is happy to see that is untrue. Trustee Solomon stated that he would also like to raise the overtime fee to $100 for non- residents and feels that non-residents will not treat the building with the same love and affection as resident would. 16 March 14, 1995 ()()T 7 29 Trustee Daly disagreed and stated that initially you want to attract people to come and see our beautiful facility and try to make some revenue from what a great job we did and I don't know if initially we should price it out of everyone's range because what we really want to do is draw people in. Ms. DeMarco commented that we need to pilot renting A.J.P. and if you adopt this policy and it doesn't serve the Village of Rye Brook as well as we believe that it will than we can revisit this and make any amendments that should be made to this policy to ensure the protection of our new facility. I wouldn't want the fees to become so burdensome for individuals that they would not even consider renting Posillipo Center because our objective of course is to bring revenue into the Village to offset some of the costs of operating the facility. When we discussed this a couple of weeks ago, I did add the additional $50 caretaker fee to each of the fees that were proposed and if the Board is in agreement I can make the limit on additional hours $100 an hour as opposed to $75. Administrator Russo agreed with Trustee Daly that we don't want to discourage people from renting the facility. Mayor Cresenzi stated that we should leave the $75 fee alone and agreed with Trustee Solomon that we should give our residents a break to use the center and by way of his suggestions, that would be recognized with a $50 difference. Trustee Daly pointed out that there is a $100 difference now. Trustee Zuckerman stated that he has a problem with the overtime fee. For two hours, the overtime fee is $150 so why doesn't a perspective applicant rent it for two hours at $250 and then just stay there for two more hours and pay the overtime fee which would be cheaper than initially renting it for four hours. He suggested that we make it more expensive to do that and have an overtime charge of $75 after the initial four hours. Mr. Grant questioned how the Board is going to distinguish between residents and non- residents because a resident may allow a non-resident to use their name. Trustee Solomon stated that it is hard to discriminate against a resident who feels compelled to do that for their friend. If the resident wants to come in and rent the place for his friends party, what do you do. He also questioned if any of the Board members would consider increasing the non-resident security deposit. Trustee Daly stated no, that it is discriminatory. Ms. DeMarco stated that in reference to the issue of Alcoholic Beverages, she recommends in this revised version that it be limited to beer and wine only. Trustee Zuckerman recommended that we not allow any type of alcohol. 17 March 14, 1995 005730 Trustee Pellino stated that Attorney Powell outlined what exposures the Village would have in the form of a memorandum dated March 9, 1995. The only major concern would be if minors have access to alcoholic beverages on the premises and have a problem off the premises later on or even on the premises that there is exposure on the part of the Village. The Village would not be engaging on the selling of the alcoholic beverage but if it got into the hands of a minor and then there were subsequent problems there is a chance of exposure. Attorney Powell stated that one of the issues the Board should consider is looking into insurance coverage specifically relating to that. Administrator Russo stated that we are covered under this because we had the same insurance prior to tearing down the old Community Center and we had programs there which were all evaluated and reviewed by our insurance company. Trustee Zuckerman stated that we may want to increase our coverage and questioned what are the limits in our liability. Trustee Pellino suggested that our Risk Manager review all of this and get back to us prior to the next Village Board meeting. Attorney Powell mentioned single event insurance be provided by the party renting the center. Mayor Cresenzi stated that we should cover ourselves rather than ask the person who is renting the facility to provide the insurance. Trustee Zuckerman stated that if we have the renter provide the insurance, our coverage would still be secondary. The fact is, we might be able to have slightly lower limits and save some money on our service. Mayor Cresenzi stated that from a practical point of view, the average homeowner is not going to go out and `obtain single event insurance for a sweet sixteen party. Trustee Zuckerman stated that we could arrange for that through our insurance coverage to cover events for the center and the person holding the event would contact the company and sign whatever papers there are and pay the fee and this could all be pre-arranged. Then they would carry the burden of the primary insurance and ours would be a secondary coverage. Mayor Cresenzi suggested that we find out from Allan Bader, in his opinion of a Risk Manager, the best way to limit or minimize our exposure. Ms. DeMarco stated that she secured an alcoholic permit from the City of Rye today and although we are not going to charge additional fees to have alcohol, they do have two items which may be worthy of mentioning in our policy. One is to state that the authorization of alcohol is for adults only and does not permit use of alcohol by any minor and also there is a fee for abuse of this which may be hard to regulate. We have a caretaker present during the events, however, they are not invited to attend these functions. The Board should definitely consider these two issues. 18 00S'IJ,l March 14, 1995 Mayor Cresenzi stated that the main issues are the insurance limits and what our exposure is. He directed Ms. DeMarco to revise the policy and fee schedule with the Board's suggestions be taken into consideration. Trustee Pellino agreed with Ms. DeMarco's suggestion of having a pilot program and see how this goes. Ms. DeMarco pointed out that if you raise the non-resident fee to such a level, you have more of an abuse of non-residents trying to get a resident sponsor. Trustee Zuckerman suggested some language changes regarding the overtime fee. 9. AUTHORIZING CHANGE IN STREET NAME "MESSINA LANE" TO "LITTLE KINGS LANE" Mayor Cresenzi questioned why not "Kings Lane" as opposed to "Little Kings Lane"? Mr. Berner stated the reasoning was because King Street was nearby and Little Kings Lane would distinguish it from King Street. On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING CHANGE IN STREET NAME MESSINA LANE TO LITTLE KINGS LANE WHEREAS, by Resolution adopted on September 14, 1994 the Board of Trustees granted subdivision approval to a subdivision known as the Messina Subdivision; and WHEREAS, said approval set forth conditions respecting a road to be known as Messina Lane; and WHEREAS, the subdivision map was filed in the office of the County Clerk as Map No. 25265; and WHEREAS, by letter dated February 9, 1995 Milton Berner, Esq. on behalf of the owners of land in the Messina Subdivision submitted a petition requesting a ministerial change in the name of the road from Messina Lane to Little Kings Way and in later correspondence amended the request to Little Kings Lane due to the unavailability of the name "Way" for this road under Subdivision Regulations for this road; and WHEREAS, the petition to the Village Board states that the change may be undertaken as an administrative act in the Map Department of the County Clerk's Office. NOW THEREFORE BE IT 19 0V I �b a RESOLVED, the application to change the name of the road in the Messina Subdivision from Messina Lane to Little Kings Lane is granted and the rights, duties and obligations in respect to Messina Lane shall be continued in Little Kings Lane. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10. APPROVING REVISED FEE SCHEDULE TENNIS PERMITS/ TENNIS FEES On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION APPROVING REVISED FEE SCHEDULE TENNIS PERMITS/TENNIS FEES RESOLVED, that the following schedule of revised fees for Tennis Permits and Tennis Fees are hereby adopted: Type of Permit 1994/1995 1995-1996 RECOMMENDATIONS RECOMMENDATIONS Family Permits $80.00 $100.00 Senior $50.00 $60.00 Senior Citizen $20.00 $25.00 Junior $10.00 $25.00 (848) Intermediate $15.00 N/A College N/A $40.00 (19-22) Non-Resident N/A $160.00* Daily $3.00 $10.00 Guest of Permit Holder N/A $7.00 *LIMITED PERMITS ISSUED TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. APPROVING RESERVES 1994/1995 FISCAL YEAR On Motion made by Trustee Daly, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION APPROVING RESERVES 1993/1994 FISCAL YEAR 14 WHEREAS, the Village Board has committed funds to complete the construction of the Anthony J. Posillipo Community Center without increasing taxes; and 20 March 14, 1995 0 0 5 WHEREAS, the Village Board has discussed creating a reserve for the purpose of paying back future tax certiori settlements without substantial increases in the tax rate to pay them back in any given year; and WHEREAS, the Village Board has certain start up costs associated with the commencement of the Village Hall Project prior to the sale of serial bonds to fund the entire project. NOW, THEREFORE, BE IT RESOLVED, that the following reserves from the Village's unappropriated fund balance be hereby approved: Tax Certiorari $200,000 Anthony J. Posillipo Community Center $200,000 New Municipal Offices $50,000 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Zuckerman stated that we should consider having reserves for replacement for Capital and consider adding money to our Recreation Trust and Agency Account which has been depleted by the Posillipo Construction and I think we should consider that in the future. Trustee Daly stated that it has gone down but there is still a lot of money in the account. Administrator Russo stated that there is about $700,000 in it this year but when we are finished with Rye Hills Park, we estimated that there will be about $450,000 left over which does not include interest that we will gain on that money. Trustee Zuckerman stated that in our budgetary planning, the Board should consider adding funds periodically to the Recreation Trust and Agency Account and that we consider a reserve for Capital replacement so that we can, for example, buy our vehicles every year at the same rate. Administrator Russo stated that as soon as we get the audit report for the end of the fiscal year that will end this May 31st then we can consider something like that when we see how much money we have. Trustee Zuckerman stated that he would also like to get an audit statement of some kind on A.J.P. showing exactly where the money came from, where it went to, etc. Administrator Russo stated that we will have the final reports in two weeks. 12. APPROVING BUDGET MODIFICATION SUPPLEMENTAL SERVICES - VILLAGE ATTORNEY Trustee Solomon asked Administrator Russo to provide more detail as to what this is for. 2t March 14, 1995 00573 .1 Administrator Russo explained that this to pay numerous legal fees anticipated through the end of the fiscal year. It includes about $15,000 to McCullough on the Police Consolidation, approximately $22,000 to Raines and Pogrebin in additional fees for various things including the confidential disciplinary hearing, $15,000 in lawsuits related to Loewentheil, Albanese, High Point Hospital and Labor Negotiations beyond the point of impasse that we have now reached with both of our unions. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING BUDGET MODIFICATION SUPPLEMENTAL SERVICES - VILLAGE ATTORNEY RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.1990.424 101.1420.458 $70,000 (Contingency Account) (Village Attorney- Supplemental Services) _ TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. CHECK REGISTER On Motion made by Trustee Daly, 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: 10801-10860 Pre Paid: 10606, 10607, 10678, 10679 10759, 10760, 10761 Payroll Checks: 15333-15560 Environmental: 454, 455, 456 Capital: 2293-2296 Capital Pre Paid: NONE Birthday Run: NONE 22 March 14, 1995 5 ,rg 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 APPROVAL OF MINUTES 14. AUGUST 9, 1994 15. AUGUST 23, 1994 16. SEPTEMBER 13, 1994 17. SEPTEMBER 27, 1994 18. OCTOBER 12, 1994 19. OCTOBER 25, 1994 20. JANUARY 31, 1995 Due to the fact that they were quite lengthy, various Board members were unable to complete reading all of the minutes therefore, they were held over to the March 28, 1995 meeting. On Made by Trustee Solomon, seconded by Trustee Pellino, a special executive session of the Board of Police Commissioners Meeting to discuss quasi-judicial matters will be held on March 21, 1995 at 5:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI ABSTAINED On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, a special executive session of the Board of Police Commissioners Meeting to discuss personnel matters will be held on March 21, 1995 at 8:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 23 March 14, 1995 005736 On Motion made by Trustee Pellino, seconded by Trustee Pellino, a special executive session of the Board of Trustees will be held to certify the votes of the Village Election on March 21, 1995 at 9:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Chief Santoro asked if he is needed to attend the 8:30 p.m. Executive Session. Mayor Cresenzi replied no. Trustee Pellino questioned when the Water Company would be finished on South Ridge Street as the plates are still down. Mr. Circosta stated that the main distribution line has been installed. Now they are transferring the house and building services from the old main to the new main. He stated that the Water Company had a conversation with the County and instead of just patching different two foot areas, they will probably mill one whole lane so that it is not as pronounced. They are currently in discussions with the County about restoration of the highways. Administrator Russo directed Mr. Circosta to ask them to repave the short section of Ellendale which they chopped up because we just paved that a couple of years ago. Trustee Pellino questioned if West William was going to be repaved again. Mr. Circosta replied that West William was repaved about two years ago. The section of West William that is in the Village of Port Chester is the area in need of repaving. ADJOURNMENT The meeting was adjourned at 10:15 p.m. Respectfully submitted, Elizabeth Bottali Secretary to the Village Board 24