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HomeMy WebLinkAbout1994-03-22 - Board of Trustees Meeting Minutes i AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING MARCH 22, 1994 6:00 P.M. PLEDGE OF ALLEGIANCE ACTION 1. ADJOURNMENT INTO EXECUTIVE SESSION COLLECTIVE BARGAINING 7:30 P.M. PUBLIC HEARING 2. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA 3. MERRITT & HOLBY/200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO DR. COPELAND 4. MERRITT & HOLBY/200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO GYMBOREE 5. PROPOSED LOCAL LAW INTRODUCTORY #5-1994 TO EXTEND HAWTHORNE AVENUE MORATORIUM FOR 3 ADDITIONAL MONTHS (ADJOURNED TO MONDAY, APRIL 4, 1994) DISCUSSION 6. HAWTHORNE AVENUE REZONE 7. PLANNING BOARD RECOMMENDATION K & M REALTY PROPERTY REZONE - BOWMAN AVENUE 8. STROMBERG SUBDIVISION APPLICATION 9. VILLAGE BOARDS, COUNCILS & COMMISSIONS VACANCIES RESOLUTIONS 10. SETTING SPECIAL MEETING DATE MONDAY, APRIL 4, 1994 11. ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, PC - LOCH LANE DRAINAGE SYSTEM 12. SETTING PUBLIC HEARING DATE ON INTRODUCTORY LOCAL LAW #6-1994 AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO REPEAL CURRENT CHAPTER 224 OF SUCH CODE TO ADD A NEW CHAPTER 224 REGULATING SWIMMING POOLS 13. RENEWING AGREEMENT WITH WESTCHESTER COUNTY FOR USE OF COMPOSTING EQUIPMENT 14. APPROVING CHANGE ORDER - ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION PROJECT 15. CREATING ADDITIONAL POLICE OFFICER POSITION 16. CHECK REGISTER WRTTTEN COMMUNICATION 17. ROSANNE HIGGINS, PUBLICITY CHAIRMAN UNITED HOSPITAL MEDICAL CENTER RE: MAYFAIR SIGNAGE 18. HON. TIMOTHY IDONI, CHAIRMAN ADVISORY BOARD ON INTERGOVERNMENTAL RELATIONS RE: SALES TAX INCREASE I 0051,97 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 22, 1994 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 Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Lori Ann DeMarco, Ass't to Village Administrator Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to the Village Board Thomas Gissen, Frederick P. Clark Associates Village Treasurer, Joseph Cortese was not in attendance. 1 March 22, 1994 PUBLIC HEARING 2. ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA Mayor Cresenzi opened up the public hearing at 7:30 p.m. and explained that the applicant was not ready for this item to be on the agenda this evening, he requested that it be adjourned to the April 26, 1994 meeting and if the applicant is not ready at that time, the Board will deem it to be abandoned and close the hearing at that time. On Motion made by Solomon, seconded by Trustee Zuckerman, the public hearing was adjourned to April 26, 1994. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. MERRITT & HOLBY/200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO DR. COPELAND Mayor Cresenzi opened the public hearing at 7:35 p.m. James Staudt, from the law firm, McCullough, Goldberger & Staudt, stated that present with him this evening was his partner, Charles Goldberger, John Merritt, Warren Holby, Dr. Copeland and his attorney Roger Leaf. This is an application for a site plan approval for use of two spaces on the lower level of the building at 200 South Ridge Street and we are intending to use one of the spaces for Dr. Copeland's office who is an optometrist and the other space would be used for Gymboree, the well known children's play/exercise facility. They are only here this evening because the resolution of Site Plan Approval of June 23, 1992 had a provision included that if we chose to use these spaces for anything but storage that we should come back for the site plan approval and that is why we are here. Both Gymboree and Dr. Copeland have been considered by the Planning Board and they have recommended that the Gymboree use be permitted. Mr. Staudt stated that with respect to Dr. Copeland the recommendation stated that if they were not permitted to prohibit something based on use alone, they would certainly use Dr. Copeland. There is very little to present tonight as they are not making any site plan changes. Dr. Copeland is present this evening and prepared to answer any questions that the Board or public may have. Attorney Powell stated, for the record, a lawsuit was brought yesterday against the Village by the applicant making various allegations and asking the court to order the Village to approve the site plan applications. The Village is determined to go ahead with the public hearings on the site plan applications as if no lawsuit has been brought. 2 005 .8- March 22, 1994 Mayor Cresenzi stated that when the original shopping center application was put forth to the Village Board, it was primarily discussed as being all retail space at that particular time so that is how the number of parking spaces were calculated. Since that approval was granted and leases were given out there are restaurants in there and under the zoning code, there are certain requirements with respect to retail versus restaurant areas. Mr. Staudt stated that it was always our position before the Board and on the original site plan approval that the uses we would make of this site were any permitted uses under the Zoning Code. There was a great deal of discussion fostered by both the Planning Board and the Village Board, urging us to use part of the site for a bowling alley and this whole condition grew out of our inability to obtain a bowling alley user so we never said that we were only going to use this site for retail uses especially since both boards wanted us to use part of the site for a bowling alley. With respect to the parking requirements, Frederick P. Clark Associates wrote a memorandum to the Village Board stating that we did comply with the parking for the site with the addition of Dr. Copeland. Mayor Cresenzi stated that retail use has to do with a certain amount of spaces per square feet of the retail space but a restaurant has a different requirement, usually much higher. He questioned how this changes from the original application that was made with the two restaurants that are now in there. Mr. Staudt stated that they made the application based on the idea that they would be having permitted uses. We have a certain number of parking spaces and should we bring in uses, which, when you do the parking calculation, would require parking spaces in excess,of the parking spaces we have. We would have to address that, but I believe that we have enough. spaces for the uses that we propose. The number of parking spaces that have been proposed is the number that was shown on that site plan and we were careful in granting our spaces to be sure that the parking demand did not exceed the number of spaces on our site plan. To my knowledge, we are in compliance Mr. Staudt stated. Mr. Circosta, Director of Public Works stated that when the original site plan was approved, the parking was calculated one space for every two hundred square feet and gross floor area. The total site accommodated about 186 parking spaces which includes exterior and some on the lower level. We have recently issued some tenant build out permits, for example one was for a barbecued chicken rotisserie and according to the drawings, it is approximately 2,093 square feet and in the retail use it would need 11 parking spaces but because it is a restaurant, it is calculated by the number of seats but there is also a stipulation that in no case shall be less than one space for every 75 square feet of floor area which totals out to 27.906 parking spaces which is 28 spaces. That is 18 more than would have been required if it was a strict retail use. Mr. Circosta added that based on the issued permits for tenant buildout as well as one that we received as a preliminary proposal for a bagel store, the total parking requirements of the shopping area on the upper level alone requires 158parking spaces. Approved, were 186 spaces but when the interconnect went in, they lost about 4 spaces there so the site has about 182 parking spaces. If we deducted the 158 for the upper level from 182, you are left with 24 parking spaces to be used for the lower level. Dr. Copeland's requirements for parking totalled 24 parking spaces so therefore, both uses cannot be entertained on the site without a variance from the Zoning Board of Appeals on the parking issue. 3 March 22, 1994 / 005190 Mr. Staudt stated that these applications have been filed with the Village for quite some time so when the Village discovered this, we should have been made aware of the problem so that we could have reviewed the calculations prior to this meeting. Mr. Staudt requested that the Board proceed with Dr. Copeland and also with Gymboree with the understanding that we will do another calculation on the parking spaces. Trustee Zuckerman questioned if the nature of the use was raised at the Planning Board or any stage within the proceedings that the Village held. Mr. Staudt stated that a bowling alley was discussed at great length because the Village was P virtually insistent that the applicant try to bring a bowling alley to the site. The applicant always maintained that they did not want to be limited to any use and wanted to be able to use it for any permitted use under the zoning. The feeling that we got was that any use that we decide on would be better than what was there before. Trustee Zuckerman stated the fact that the applicant is entitled to any permitted use is not open to question. Whether it complies with the zoning and parking requirements is the real question. No one has the authority to tell you what type of stores you are going to put in there as long as it is any kind of establishment permitted by the zone, however it is the obligation of the applicant as he is renting it to confer with the Building Department to determine the number of panting spaces that would be required for each use and subtract it from the total spaces available. Mr. Joseph Sisca, contractor of the site who will be managing the property. He stated that they did not lose four parking spaces, they lost two or maybe three. He added that to his knowledge, there are 188 spaces, not 186 as Mr. Circosta stated. The Village can't just look at gross floor area. There are only two restaurants in the entire building, the bagel shop, according to the lease, is only allowed to have eight seats. The parking space determinations should be a combination of that and the floor area, not just the gross floor area. Trustee Daly stated that the Village of Rye Brook Code states that it should not be less than one parking space for every 75 feet of gross floor area. Mr. Staudt stated that this is an issue which we will not agree on among ourselves this evening so he reiterated that since there is enough parking for Dr. Copeland, the Village Board should proceed with that application and since we are only hearing of the,parking problem this evening, the Board should proceed with Gymboree with the idea that anything done could be subject to provision of enough parking. Trustee Pellino questioned if there were going to be three practicing Doctors on premises. Dr. Copeland stated that there will be three examining rooms and three practicing Doctors, simultaneously bringing in at most, six patients an hour. Currently they only have two examining rooms. One of the reasons for the move is to provide us with more room and to work in three examining rooms at the same time instead of having three Doctors in two rooms which is not an efficient way for them to work. Trustee Pellino questioned if you are planning to expand to have four practicing Doctors. 4 005191 March 22, 1994 Dr. Copeland replied No, that there would not be sufficient room to do that. Trustee Pellino questioned what the hours of operation would be. Dr. Copeland stated that they expect to maintain their present hours which would be from 9:00 a.m. to 6:00 p.m., Monday, Tuesday and Friday. He added that they have office hours on Wednesday from 9:00 a.m. to 1:00 p.m. for a portion of the year and during the Summer, we are closed on Wednesday as we see fit. We are also opened from 9:00 a.m. to 9:00 p.m. on Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Trustee Pellino questioned what would be the normal time for patients to be waiting for their appointment. You would have three Doctors presumably practicing on three patients and there would probably be other patients waiting in a waiting area so what would be the maximum number of non employed patients. Dr. Copeland stated that unless they are unusually busy, there would probably be 12 patients at any one time. Trustee Daly questioned if Dr. Copeland had a signed lease. Dr. Copeland replied Yes. Trustee Solomon questioned how many non-Doctors there would be. Dr. Copeland stated that including the Doctors, there are a dozen employees, not necessarily working at once. There are three opticians, three optometrists and four to six office aid/secretaries working so we would need 12 parking spaces for our patients and 12 spaces for our employees. Mr. Benvenuti stated that the last time Dr. Copeland was here, he said that at his existing location he had 12 patients per hour and that the only reason that he was moving up here was because he has three opticians now and did not have room for the fourth one where he was. Dr. Copeland stated that he does not recall saying that as currently we only have two examining rooms and we would have no way of handling six patients per hour. At present we are working in two examining rooms which is one of the reasons that we are moving. We will be able to work simultaneously and see three patients at once at a rate of two an hour meaning six. At present with only two examining rooms, we have one doctor not engaged in patient care during that time and that is why we are moving as we do expect to be busier as it would be foolish to move without expecting to be a little bit busier. Mr. Heller stated the only stores that were to built were the stores on the top level and there f was supposed to be a six month waiting period. When they decided not to have a bowling alley, it is my recollection that there was supposed to be a total review and a total application was supposed to come back and something seemed to happen between then and now. Now there are applications to fill up the top and bottom and they are saying that there are plenty of parking spaces. I know the Board is in the middle of a lawsuit and I don't know what the Board can talk about tot-tight, but it seems to me that someone is pushing the Board to do something that they do not want to do. 5 ®05.1.92 ! March 22, 1994 Mr. Heller added that this Village has been shafted and we have not been spoken to directly over the years and some people who have done quite well by the community are now pushing the Village for more. Mayor Cresenzi stated that when the original shopping center was approved up top, there was a discussion on the site plan approval for that phase that the lower level was supposed to be used for storage during that approval phase but in the resolution it also states that if the applicant wants to change that use, that they can follow the normal site plan approval process, come back and go in front of the planning board for recommendation and ultimately end up where we are tonight which is in public hearing. With regard to Mr. Heller's comments about the six months, that is really just a number that I put out and was agreed to by many members of the Board and it had to do with the discussion of traffic use on the site, especially regarding Blockbuster Video. As I mentioned previously, we changed and made more stringent parking requirements when we amended our zoning code a few years back. When you do that you never envision an intense use as a Blockbuster or what impact that would have. The six months meant that prior to getting into the lower level, we would like to review the parking on site for six months to see how the parking flow worked out but it was never written in the resolution that there had to be a six month period. Mr. Staudt responded by saying that he and his clients have not been unclear. We always said that they wanted to use that space for any permitted use. He added that in his review of the record, there was never any discussion of six months prior to the site plan approval. It was when we brought this application, pursuant to the original site plan approval, that people started talking about waiting six months. Mayor Cresenzi disagreed. Trustee Pellino also disagreed and added that most members of this Board made it abundantly clear to the applicant and to the Village that our best wish was for this to be a successful project and also that we wanted to determine the impact upon its completion in terms of the traffic and the parking situation. This Board has been very clear right along so we must agree to disagree. Mr. Staudt stated that he can only speak to what he read in the minutes and resolutions, not to what has been said elsewhere. Trustee Zuckerman stated in reference to a statement that was made earlier that this Board is not holding this public hearing because of a lawsuit that was filed, which is far from the truth. This hearing was scheduled prior to the filing of the lawsuit, which was only received yesterday and this Board is not going to be railroaded by a lawsuit to make any decisions which it would not otherwise have made. We will make our decisions based on all the factors, not on the lawsuit. Max Ramirez stated that this shopping center should never have been approved and added that he would not be surprised if next year, they ask for a reduction on their taxes. 6 March 22, 1994 Roger Leaf, attorney for the Copeland's, gave a background on the Copeland family business and added that they are not going to hang around forever waiting for studies. They signed this lease six months ago with the understanding that their use is a permitted use for this center. He suggested if the Board agrees that the use is permitted, to approve the use subject to the staff's technical count of how many spaces are needed. If the space requirement is sufficient, then Dr. Copeland's office can go in. He added that they have been waiting long enough and should iron this out tonight rather than having another public hearing. Trustee Pellino questioned if lie heard correctly that Mr. Leaf stated that they have a signed lease. Mr. Leaf replied "yes" as they were under the understanding that it is a permitted use. Mayor Cresenzi stated that there is a question regarding the total number of spaces on site and then add up the number of spaces required by the Code, which is a very technical thing. Rather than lead anyone on and approve this, he recommended that Mr. Circosta meet with the applicant to review the parking requirements and that we hold a meeting in one week to resolve the issue at that particular time. Mr. Staudt stated that he feels that we could do that with respect to Gymboree, however with respect to Dr. Copeland, there is enough space so we should go forward. Mayor Cresenzi recommended that these numbers be clarified and meet on March 29, 1994 at 7:00 p.m. Mr. Staudt respectfully requested that the Board go forward with Dr. Copeland and he added that he could not consent to this. Mr. Leaf added that the Village could not get any better tenants than the Dr.'s Copeland but if they get frustrated, than they will walk. Dom Survey of 1 Dixon Street stated that he is in charge of the parking meter department in Port Chester and Port Chester is having a lot of problems there, and this should not be rushed because the Doctor currently has an office, and this should be handled very carefully or you will have the same problems with parking that Port Chester has. John Sabia of 31 Westview Avenue stated that we are not here to debate the character of Dr. Copeland, we are here to debate the fact that there may not be sufficient parking and until it is resolved, we should not give permission tonight. Jim Chiccielo of 23 Highview Avenue stated that he has heard so many "maybes" and "I'll get back to you's" but give me the permission anyway and can't understand how so many professionals can not come up with a figure of how many parking spaces there are. This should be resolved prior to any approvals. Trustee Solomon stated that lie too would like to see the calculations verified. �I 7 ®05184 March 22, 1994 Mr. Sisca responded by saying that it is not as clear cut as it seems. He stated that the only drawing that he has is an approved drawing stamped by the Planning Board and it does not show the dumpster in front of the building. The Architectural Review Board has recommended it not be in front of the building. Trustee Solomon stated that either way wherever the dumpster is, it is going to take up one space. Mr. Circosta stated that he disagreed with Mr. Sisca as the dumpster was approved at the front location. Judy Lanzilli of 29 Westview Avenue stated that there should have been a survey of how many cars go in and out of the Blockbuster in Port Chester. She added that Mr. Sisca has promised from a year ago when lie moved the stockade fences back that in a couple of weeks he would have our properties back in order and nothing has been done. She further stated that in the Westmore News, Mr. Merritt is quoted as saying: "We never intended to use the downstairs as storage but when the original plan was being held up by a group of neighbors, my lawyer advised me to agree to use the lower level as storage with the understanding that we could come back with other proposals". It also says: "The applicant is asking Dr. Copeland and a child/adult exercise center with a retail section be allowed to move into the now vacant area". Gymboree is only for small children. If these people cannot be men of their words, then they cannot be trusted because everything that they said that they were going to do, they have not yet done. Mayor Cresenzi recommended that the Board adjourn this hearing to March 29, 1994 at 7:00 p.M. Mr. Staudt stated that this is just the hearing for Dr. Copeland, not Gymboree. He added that the Building Inspector has stated that there is enough parking for Dr. Copeland and if everyone here has had a opportunity to speak, why is the Board adjourning when there are enough parking spaces for Dr. Copeland rather than closing the public hearing. Mayor Cresenzi stated that there are some discrepancies here and prior to approving anything, I would like to make sure that what is approved is correct. Mr. Staudt stated that this application has been before the Village for over six months and he respectfully requested that the Board close the public hearing and instruct the Village Attorney to draft a resolution in favor of the application. Mayor Cresenzi stated that he would rather pass on the application on March 29, 1994 when the parking issue is clarified. Trustee Zuckerman stated that we should close the public hearing on Dr. Copeland as we already have sufficient information and we should open the public hearing on Gymboree. Mayor Cresenzi asked how the remainder of the Board felt and asked for a motion. 8 005195- March 05195March 22, 1994 On Motion made by Trustee Pellino, seconded by Trustee Solomon, the public hearing was adjourned at 8:30 p.m. to March 29, 1994 at 7:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING NAY MAYOR CRESENZI VOTING AYE 4. MERRITT & HOLBY/200 SOUTH RIDGE STREET SITE PLAN AMENDMENT APPLICATION LEASE OF LOWER LEVEL SPACE TO GYMBOREE Mayor Cresenzi opened the public hearing at 8:30 p.m. Mr. Staudt stated that the presentation that he made a few moments ago was a presentation for both Dr. Copeland and Gymboree and requested that the Board incorporate all of his remarks from the previous public hearing into the record for this public hearing. Mayor Cresenzi stated that he would do so. Trustee Daly questioned what type of Gymboree this will be, as there are different types. Mr. Staudt explained that this would be a program for children up to five years old to be accompanied by their parents. He added that they do not take responsibility for what the newspapers write. In the space there will also be a retail area. The hours of operation would be from 8:30 a.m. to 9:00 p.m. as recommended by the Planning Board. Trustee Daly questioned if Gymboree also has a signed lease. Mr. Staudt replied "yes" and stated that this is not a sneaky move, as these leases are subject to the approval of the Board and until a Certificate of Occupancy is issued we can't move forward. He added that they are in a Catch 22 as they have to report to the Board as to what the use is going to be and until we have a lease signed, we can't come to the Board and inform them of the use. Trustee Zuckerman questioned what their position is in regards to the change of use in Gymboree in the future. Mr. Staudt stated that any changes of use would be subject to review by the Village however it is a tough question because I happen to believe that the condition in your original approval is an invalid condition. If it were valid and the use changed, than they would be required to come back to you, but I don't believe it is a valid condition. Mr. Gissen stated that a lot of this is based upon the applicant's misunderstanding of the Planning Board level. The impact that the use down at the lower level would have facing I onto a residential property is different from those up on the street facing away. Also, in the Planning Board's approval were a limiting of a maximum of 15 students and that was based upon the applicants representation that at no time would there be more than 9 students. 9 005196 March 22, 1994 Also, without changing use, the maximum age limit deemed to be acceptable, which was based upon the idea of having supervised children in that area, adjacent to a residential use rather than having a facility that might have older children who would be unsupervised and likely to hang out or an aerobics facility where the hours of operation would be expected to go earlier and later. Most health clubs find that their busiest hours are very early in the morning and very late at night because of the demands of working schedules on their clients and all of this seemed to be understood at the time and accepted by the applicant. Mr. Sabia stated that he would like the Board to review the Frederick P. Clark Associates recommendation and take that into consideration while making their decision. Mr. Lanzilli stated that since the beginning of the development of South Ridge Street we have brought to the attention of this Board many concerns. At this time, there still remains many points which we want to address. Although these items have been previously discussed, they still remain incomplete and are not addressed by the developer. The emergency exit gate roadway remains open and to date, no emergency gate has been installed and the roadway is in daily use by cars and trucks. The windows in the back of 200 South Ridge street were supposed to be closed or eliminated and to date, they still remain intact. The fence that was to be erected at the top of the retaining wall has not been installed. The developer stated that he may erect a three to five foot fence, however the original agreement was for a 15 foot fence on the top of the wall. Extensive landscaping was to be done in the area with the retaining wall facing the homeowners side of the wall. We would like to know the time when this will be completed. The developer was supposed to close both ends of the retaining wall and to date they have not. Due to this, trespassers have already been on private property and the Police Department has already been informed. We still don't know if the sewerline is completed yet. The lighting in the rear of the building must be adjusted and at various board meetings, it was stipulated that the lighting was not supposed to shine on the neighbors property. We strongly feel that these are legitimate concerns and must be addressed as soon as possible. Mr. Staudt stated that those are not site plan issues but things that have to be completed after the site plan and whatever is on the site plan will be completed. Trustee Daly stated the Gymboree classes have a ten minute leeway in which the second class comes ten minutes prior to prepare for class so when looking at the parking, that should be taken into consideration because there will be that overlap of classes. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the public hearing will be adjourned to March 29, 1994 at 7:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10 00519' March 22, 1994 5. PROPOSED LOCAL LAW INTRODUCTORY #5-1994 TO EXTEND HAWTHORNE AVENUE MORATORIUM FOR 3 ADDITIONAL MONTHS (ADJOURNED TO MONDAY, APRIL 4, 1994) Mayor Cresenzi opened the public hearing at 8:50 p.m. and asked Attorney Powell why we had to adjourn it. Attorney Powell stated that the purpose of the Moratorium is to stabilize the area while the zoning study is being conducted. The Board will be given a presentation on the zoning study by Frederick P. Clark and the three month extension is a minimum extension to enable the Board to review the study and to decide what action, if any should be taken. We need 10 days to notice this public hearing, so rather than have it on March 29th, we must hold the public hearing on April 4, 1994. On Motion made by Trustee Solomon, seconded by Trustee Daly, the public hearing was adjourned at 9:00 p.m. to April 4, 1994 at 5:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 6. HAWTHORNE AVENUE REZONE Thomas Gissen, of Frederick P. Clark Associates stated that two weeks ago, he briefly reviewed the preliminary findings of his report and recommendations regarding rezoning the Hawthorne Avenue area. It is his understanding that the report, will now be referred to the Village of Rye Brook Planning Board for their consideration, as required under Village Law. As stated earlier, he recommended that a new district be created known as R15A to accommodate the longer and narrower lots with limited sideyards, moderate frontyards and very deep rearyards. Additionally we are recommending that the lot coverage law be amended to include the R15A zone and that the entire lot coverage law be taken out of the code as an individual law and be placed within the zoning law and that the zoning law be amended to incorporate the lot coverage law. The reason for this is that the Zoning Board of appeals have the power to grant variances for items within the zoning code, and that is where their authority ends. It did not appear that the zoning code could grant variances from the lot area coverage law. In most communities, the lot area coverage law is contained within the zoning code. He asked if there were any questions regarding the report. Attorney Powell suggested that the report be referred to the Planning Board for their review and recommendations. 11 0051.93 March 22, 1994 On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION REFERRAL TO THE PLANNING BOARD HAWTHORNE AVENUE REZONE REPORT RESOLVED, that the attached report on the Hawthorne Avenue Rezone is hereby referred to the Village of Rye Brook Planning Board for their review and recommendation. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. PLANNING BOARD RECOMMENDATION K & M REALTY PROPERTY REZONE - BOWMAN AVENUE Mr. Gissen explained that this is a proposal to rezone property located on the south side of Bowman Avenue, west of Ridge Street from an R-10 zone which is a single family use to a C-1, which is a commercial zone. It is a 4.039 acre parcel of land, surrounded by water. The applicant is proposing to develop a parcel with a high quality restaurant. The zone would entitle a restaurant subject to site plan review and would additionally permit all the other general retail uses within that zoning district. Most discussions centered on the restaurant and the other uses that would be permitted. The Planning Board felt that a restaurant would be good, however there are a few uses permitted in the C-1 zone that they did not feel were appropriate. The uses included a parking lot, a gasoline station, adult entertainment and any restaurant that involved fast food or drive thru windows. They did not want a fast food restaurant because it would generate too much traffic. The Planning Board recommended approval, subject to some mechanism being employed to limit those uses. The two mechanisms available were creating a new zoning district that would specify the uses that were allowed and thereby by not specifically listing them, it would exclude those they were concerned about. The other alternative, which the applicant refers is to change it to C- 1 and enter into restrictive covenants and deed restrictions that would eliminate those uses. The Planning Board also felt that it would be advisable to study the entire R-10 zone, which is not very large and to see if they too would be appropriate for C-1 zoning. The Planning Board felt that this applicant was very responsive to all of their concerns, prepared considerable text, and felt that this was a good proposal and did not feel that it was fair to burden this particular applicant with the time delay or expenditures that would be involved with studying that entire area. Their ultimate determination was to recommend that this be approved subject to the conditions just mentioned, but that additional studies be undertaken by the Board of Trustees. I 4 Trustee Zuckerman questioned if a Special Use Permit was ever discussed. Mr. Gissen stated that a special permit is not required in the C1 district and a restaurant is not permitted in the R-10 district. 12 005189 March 22, 1994 Trustee Solomon suggested if we could re-zone only the peninsula and not the strip. Mr. Gissen stated that it may be possible, but the code permits a person to extend a less restrictive use up to 300 feet into a more restrictive zone so that even if you pass it through there, the ability to extend into that area may exist. Mayor Cresenzi stated that the entire area should be zoned C-1, not just one parcel, as it would not be residential planning. Trustee Pellino agreed with Mayor Cresenzi and added that they should look into the whole area becoming a C-1 zone. Mr. Gissen agreed and added that making different zones could create potential for land use conflicts. Trustee Zuckerman stated that he has always been opposed to piecemeal adjustments on a lot to lot basis. He added that the law requires a comprehensive plan which we need to do and he would be in favor of looking at the entire Village and perhaps to use the Rye Brook North and South Study as a guide and to refer it to the Village Planner and the Planning Board. Mayor Cresenzi stated that the Planning Board is recommending the whole R-10 issue be reviewed, but that this application not be delayed because they felt it was a high quality application. Mr. Heller stated that in his opinion, the Environmental Conservation Council should have been contacted on this matter. The area in question is in a flood zone and in the past the County was thinking about putting a park in there. Bowman Avenue, which is a County road is too narrow for all of this traffic. This restaurant could be under water as water tends to back up into the Middle School and the Dam only holds back a certain amount of water. We need to talk to the City of Rye or Westchester County before making any decision. Mayor Cresenzi stated that throughout the years we recommended to the County that they widen the road, but they were not very responsive. In reference to the drainage, there is a dam that the City of Rye has further upstream that controls the waterflow out of that dam into that area. During the design phases that could take place with this project, they buildings would be required to be built above a hundred year flood line. We are not talking about the site plan right now anyway, or the change in zoning. He added that he only remembered the dam flooding over once many years ago, but never saw it back up to the Middle School. Mayor Cresenzi further stated that the City of Rye, Town of Harrison and Westchester County Planning Board will all be notified when there is a public hearing. Mr. Circosta stated that at the Planning Board stage, we did contact Westchester County, City of Rye and Town of Harrison and informed of the rezone application. Harrison stated that they have no problem with it and it is up to the local jurisdiction, Westchester County commented on the flood zone and things of that nature and nothing was received from the City of Rye. Mrs. Chapman questioned how much property there was in that area. 13 005200 March 22, 1994 - Mr. Gissen stated that the area is comprised 1.672 acres of water and 2.367 acres of land. Trustee Zuckerman questioned how much of that is in the R-10 area. Mr. Circosta stated that the City of Rye property is approximately 14 acres. Mr. Gissen stated that because no one is authorized to study that, we were not able to locate the ownership or access issues. Trustee Pellino pointed out that in the minutes of the February 10, 1994 meeting of the Planning Board, it stated that the County Executive Citizen Committee on non-point source pollution in Long Island has recommended buffers of at least 100 feet from Wetlands water bodies and water courses. In addition future developers will need to take into account the ability of the site to accommodate mitigation measures for storm water run off quality as well as quantity. It also states that future development on the site of Bowman Avenue should be referred to the County Planning Board. The Planning Board minutes also refer to a letter from the Town/Village of Harrison. Trustee Solomon stated that if we go by what they are saying, a 100 foot buffer is impossible on this site. Mr. Gissen stated that if you employ the 100 foot area, you would be eliminating virtually all of the peninsula and all of the access to the peninsula other than coming back through the Doctor's Office, which would be problematic for the Village. Attorney Powell stated that one of the issues is whether or not the Board wants to deal with two things at once, the re-zone application and the site plan together or do they want to deal with it separately. It would not really be reliable to ask an applicant to put together a site plan if the re-zoning is out of the question. Mr. Ramirez, a resident of Ellendale Avenue questioned if a moratorium could be placed on the area so that an environmental study can be done for the area, as this may not be able to be developed at all. He stated that the builders lie to us and always find a way to build and we may get stuck with another shopping center. Mayor Cresenzi stated that part of the review of a site plan involves a complete environmental process. We don't grant approvals without completing environmentals, traffic studies and run off and retention studies. Trustee Zuckerman stated that part of the applicants requirement is to pay for the study, otherwise the Village would have to pay for it. Trustee Solomon questioned the notification of this public hearing. Mayor Cresenzi stated that what the City of Rye and Town of Harrison do, is physically put a sign up on the property notifying the public that there will be a public hearing. This is something that this Board should think about. 14 00 March 22, 1994 Trustee Zuckerman suggested that we also put the notice on cable TV, in the Newspapers and send it to appropriate persons. Mayor Cresenzi questioned what the Board wanted to do with this application. Mr. Gissen stated that if the Board wants their review to encompass both actions in tandem, you have referred a re-zoning application and you have gotten that back. If you want the site plan to be reviewed at the same time by the Board of Trustees, you probably do need to refer that separately. It may be premature to do so at this point, because we have a short environmental assessment form which we deem to be appropriate for a re-zoning. If you get into a specific site plan I think we are going to be in our office and will recommend that you make a positive or negative declaration under SEQR before it goes to the Planning Board. Some limited amount of review should be done and then send it to the Planning Board for their review. If that is the way you want to go, you should probably send a letter to the Planning Board informing them that you have determined to take these in tandem and that in order to achieve that, it is now the applicants obligation to prepare a site plan and a long form environmental assessment form for the purpose of processing this application under SEQR. Mr. Gissen added that if this is done in tandem, and they get both approvals, he questioned if they would necessarily be ready to do the site plan approval they just received or whether for some reason, financing drops and ideas change, they could still have the re- zoning without the site plan approval and come back with something else. Mr. Gissen stated that the environmental reviews will be valuable in that we will obtain information on just how much of this site is developable. Mayor Cresenzi directed Attorney Powell and Mr. Gissen to work on a letter to the applicant and to distribute copies to the Planning Board as well. 8. STROMBERG SUBDIVISION APPLICATION Robert Mascali, of the lawfirm of Gioffre, Gioffre and Mascali, stated that he was present tonight on behalf of the applicants, Gary and Angela Stromberg. The application is to subdivide property on Osborne Place into two building lots. He submitted to the Board, a sketch of the surrounding area. It went to the Planning Board several months ago, at which time they requested that Mr. Stromberg speak to the neighbor on the left with respect to that neighbor's interest in seeing Osborne Place expanded and in fact to do some type of joint development of the four lots instead of the two lots that are there. The neighbor stated that they were not in favor of that idea so he went back to the Planning Board and they determined to take no action by voting 3 to 3 and made no recommendation to this Board. The property is located in a 5,000 square foot zone and if subdivided, one lot would have 8,000 square feet and the other lot would have 10,000 square feet. The applicant would need to go to the Board of Appeals because of the position of lot 2. The way the property is situated they would need a variance with respect to the depth. The depth in that district is required to be 100 and they have 71 feet, but more than make up for it in the other direction. We feel that the Board should consider granting a waiver of the subdivision regulations with respect to a dead end street. The applicant is proposing to put a turn around area on the lot which will allow better turn around on Osborne Place. He stated that he would be happy to answer any questions that the Board may have. 15 0052u March 22, 1994 Mr. Mascali stated that in response to Mr. Gissen's memorandum, he suggested that the radius be enlarged, which is not a problem as there is sufficient lot size to accommodate that, if it will make the traffic better. Trustee Zuckerman informed the public that this is not a formal public hearing, only a discussion as to whether or not we should hold a public hearing. Mr. Gissen stated that the Planning Board voted to send the application to the Village Board rather than to delay the applicant. It is our belief that if the Board is to approve it, that they include a condition with regard to the setbacks on the size of those lots and make sure that separations from other people's rearyard is consistent with their rearyard. Mr. Mascali stated that they would be giving 30 feet on both sides and the code only requires 16 feet. Mr. Gissen stated that a waiver would need to be granted on the cul-de-sac turn-around area, which would, the Planning Board felt, be acceptable and felt that they would be improving the turn-around area for the entire street. Mr. Mascali stated that from a Planning perspective there does not seem to be anything against what the applicant proposes to do. Trustee Pellino stated that the rearyard variance would have to be a 29% variance. Mr. Mascali stated that it sounds much more than it really is. The lot is very large and it would be made up on the other dimension. The other dimension, where you only need 50 feet, they have 110 feet. As for the lot requirements in that area, the width of the lot is 50 feet and the depth of the lot is 100 feet. We propose for lot two a width of 110 feet, but a depth of 71 feet, thereby necessitating a variance, so on one hand we are asking for a 29% variance, but on the other hand we have a 200% overage. The other lot, which currently has a building on itis fully conforming in each and every respect and would end up being 10,000 plus square feet in a 5,000 square foot zone with a width of 71 feet and a depth of 140 feet. So, it is more than adequate because of its frontage, the way the lot is laid out and where Osborne Place comes in on an angle, thereby making the frontage of that particular lot a problem. Trustee Pellino stated that he has a problem with that much of a variance and questioned if the variance were granted, would part of the 71 feet be taken up by the L-shaped drive. Mr. Mascali replied that Trustee Pellino was correct. Mayor Cresenzi stated that there would be an easement there. Trustee Pellino stated that this really isn't in the true nature of our subdivision regulations. It is only a turn-around. He questioned if the Planning Board discussed proposed lot number two in terms of fire service and if this was reviewed by the Fire Chief. Mr. Gissen replied "no". 16 00520,3 March 22, 1994 Trustee Pellino stated that if it is the Board's decision to go forward with setting a public hearing date for this, he would first like to know how the Fire Chief feels about getting into this proposed lot with fire apparatus. Mr. Mascali stated that he does not believe that there would be a problem, however would certainly contact the Fire Chief and welcome the input from him. Trustee Zuckerman questioned if any of the neighbors came to the Planning Board hearings on this application. Mr. Mascali replied "no". Mayor Cresenzi directed Attorney Powell to write a resolution for the April Agenda meeting to schedule a public hearing date on this application. 9. VILLAGE BOARDS, COUNCILS & COMMISSIONS VACANCIES Mayor Cresenzi stated that this item is just a reminder that the Board needs to think about the vacancies. RESOLUTIONS 10. SETTING SPECIAL MEETING DATE MONDAY, APRIL 4, 1994 On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION SETTING SPECIAL MEETING DATE MONDAY, APRIL 4, 1994 RESOLVED, that the Village of Rye Brook Board of Trustees will hold a Special Meeting on Monday, April 4, 1994 at 5:30 p.m. at the Village Offices located at 90 South Ridge Street, Rye Brook, New York. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 17 005204 March 22, 1994 11. ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, PC - LOCH LANE DRAINAGE SYSTEM On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION ENTERING INTO AGREEMENT WITH DOLPH ROTFELD, ENGINEERING, PC REGARDING LOCH LANE DRAINAGE SYSTEM RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement for professional engineering services in connection with the design and construction of drainage improvements for the Loch Lane Drainage System, under which the Village would, subject to specified terms and limitations, pay the following: Preliminary design phase: $2,000.00 Final design phase: $4,000.00 Construction phase: billed on a perdiem basis for personnel assigned and time on the project ; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or desirable to accomplish the purposes of this resolution. Trustee Daly questioned where the schedule for the per diem rate is. Trustee Solomon stated that on page seven it says that a schedule setting forth per diem rates applicable to the construction phase and additional services requested are attached hereto. Administrator Russo stated that it was left out of the agenda, but he would locate it and distribute it to the Board. This would be something that the Board would decide when they get to that stage. Trustee Pellino stated that we had ballparked this as being $70,000 two years ago. What control does this Board have over this project not getting out of financial control. Administrator Russo explained that there will be a bid and we will award a contract. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 18 00520: March 22, 1994 12. SETTING PUBLIC HEARING DATE ON INTRODUCTORY LOCAL LAW #6-1994 AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO REPEAL CURRENT CHAPTER 224 OF SUCH CODE TO ADD A NEW CHAPTER 224 REGULATING SWIMMING POOLS On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE ON INTRODUCTORY LOCAL LAW #6-1994 AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO REPEAL CURRENT CHAPTER 224 OF SUCH CODE TO ADD A NEW CHAPTER 224 REGULATING SWIMMING POOLS RESOLVED, that a Public Hearing shall be held on Local Law Introductory #6-1994 on Tuesday, April 26, 1994 at 7:30 p.m. at the Village Office located at 90 South Ridge Street, Rye Brook, New York on a local law regulating swimming pools; and it is FURTHER RESOLVED, that the Village Administrator/Clerk shall cause notice of the public hearing to be published as provided by law. 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 work on the issue of using signs to notice public hearings and make some recommendations to the Board. 13. RENEWING AGREEMENT WITH WESTCHESTER COUNTY FOR USE OF COMPOSTING EQUIPMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION RENEWING AGREEMENT WITH WESTCHESTER COUNTY FOR USE OF COMPOSTING EQUIPMENT WHEREAS, the County of Westchester has conducted a Composting Equipment Circulation Program whereby the County provided the Village of Rye Brook with specialized composting equipment and trained operation personnel; and 19 0050(-; March 22, 1994 WHEREAS, said equipment consists of Jenz Compost Shredder, Wildcat Compost Turner and a Royer screen; and WHEREAS, the Village of Rye Brook has used certain types of this equipment over the past years with significant results; and WHEREAS, the County of Westchester has waived payment for the term of this contract commencing on January 1, 1994 and terminating on December 31, 1994. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into a program agreement with the County of Westchester for the term of January 1, 1994 to December 31, 1994 at no charge to the Village. FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all instruments necessary or appropriate to accomplish the purposes of this resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14. APPROVING CHANGE ORDER - ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION PROJECT On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPROVING CHANGE ORDER - ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION PROJECT WHEREAS, the construction of the Anthony J. Posillipo Community Center has begun and is nearing completion; and WHEREAS, extra work has been ordered by the Village to complete various aspects of construction; and WHEREAS, the Village has requested various proposals by the contractor for upgrades in material; and WHEREAS, the contractors have submitted such requests and proposals; and WHEREAS, the Village has reviewed such requests with the Architect and the Contractor. 20 00520'1 March 22, 1994 NOW, THEREFORE, BE IT RESOLVED, that the Village hereby approves the attached change orders; and FURTHER RESOLVED, that additional monies shall be due to the following contractors as listed: Marathon Orbit Co. Contract #9302 - General Construction - $24,215.48 Capstone Enterprises Contract #9304 - Electrical - $3,075.70 Trustee Pellino stated that this list was received only a few days ago and we need to vote on them tonight. We have come a long way with the project and everyone is doing a great job, but the Board really needs to be kept a little more timely informed as to when they are negotiating for changes on this project. Trustee Solomon commended Mr. Circosta and the architect in doing the negotiating as it shows that there were monies requested and there are zeros all over the place and many of the amounts requested were really negotiated down. Mayor Cresenzi pointed out the larger change orders such as item #5 and asked Mr. Circosta to go into detail on the reasoning for the Board. Mr. Circosta explained that the plan called for a three quarter inch underlayment in the total building. In some areas, the underlayment has been abused and the contractor stated that he had no problem cutting out those pieces and replacing it, however a good portion of the center is vinyl composition tile (VCT) which needs the best substrate and it is an eighth of an inch tile. The three eights underlayment over the three quarters will not only tighten up the total system but will also provide us with good substrate to apply the tile to. Mayor Cresenzi stated that the point is, could we do it according to plan, the answer is yes, however, over time and the amount of usage that it was going to get, it was everyone's feeling that this is a good kind of effort to get involved in because the flooring would stay j down better, you wouldn't get curled ends on the material and you might reduce a tripping I hazard. Administrator Russo stated that he will keep the Board better informed in the form of a memo with a preliminary list as discussions on change orders are held. Trustee Zuckerman questioned why we are removing sconces that we are installing. Mr. Circosta explained that the electrical drawings showed wall sconces on the columns, so they were put in by the electrician, however on the architectural drawings, there was a folding partition on one of those, so they had to be removed by the electrician. 21 005,PO March 22, 1994 Administrator Russo stated that we are taking this off the contractor's final bill. Mr. Heller questioned if these change orders went over budget. Administrator Russo stated that we anticipated 10% in change orders and we are only at about 21/2%, so we are well under budget. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE *See Attached I 22 005200 March 22, 1994 15. CREATING ADDITIONAL POLICE OFFICER POSITION On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CREATING ADDITIONAL POLICE OFFICER POSITION WHEREAS, the Chief of Police has informed the Village Board of Trustees, who act as the Board of Police Commissioners that he has a pending disability retirement for a police officer and is desirous to fill that anticipated vacancy prior to this retirement actually being approved by the State of New York; and WHEREAS, there are current funds unexpended in the budgeted account for Police Lieutenant that could be transferred to the Police Officer line to create an additional position to be filled prior to the retirement of the officer in question; and WHEREAS, these funds, if not used for this purpose would become surplus and appropriated to balance the 1994-1995 budget that is anticipated to include the expenditure for the Lieutenant position. NOW, THEREFORE, BE IT RESOLVED, that the 1993-1994 Village Budget be hereby modified to transfer $50,000 from account #3120.120 Lieutenant Line, to account #3120.160 Patrolmen; and be it FURTHER RESOLVED, that an additional Police Officer position be hereby created and that the Village Administrator be authorized to take all steps necessary to accomplish the purposes of this resolution. Trustee Zuckerman stated that he did not feel that we need to form this resolution in the manner that it has been set forth and requested that the resolution be modified to simply state that we have a vacancy and that an additional police officer position will be created. Trustee Daly suggested that we may want to add that we had discussed that in regards to our squad system about having that 25th officer. i Trustee Pellino agreed with Trustee Zuckerman's recommendation. There is no need to include all of this other information now when we actually do fund the position, we can handle the transfer of the funds at that time. We may not even fill the position with a person before the end of this fiscal year. Administrator Russo stated that he thought it was the Chief's intent to fill the position and if in fact we are planning to do so, we should take it up with the State Comptroller because we can not fill a position if it is not budgeted for. Trustee Zuckerman questioned the earliest time when this position can be filled. 23 U0521n March 22, 1994 - - Chief Santoro stated that probably in one month at best. Currently we call for 24 police officers and technically we only have 23. It is not really a 25th man, it is trying to get to the 24th man and with the anticipation of a retiring man. Trustee Zuckerman stated that this resolution is necessary so we could talk to any potential candidate knowing that the position is there to be filled. Mayor Cresenzi questioned how you offer a position if it is not funded. Administrator Russo stated that he did not think it is possible.. Chief Santoro stated that Civil Service requires us to notify them if there is an opening for a Police Officer, which we don't have at the present time. There is an opening in the Lieutenants position and as things progress, a position at the bottom will open up, but technically, Civil Service says that you need a position created. Administrator Russo stated that we can create 50 positions without hiring anybody. Chief Santoro stated that he would think you have to create the position and if we decide to hire someone in a month, there would have to be a transfer of funds at that time, but you could offer the position. Trustee Pellino stated that there is money to pay the person and when the time comes and you do make the offer it can be backed up with money that is already in the police budget now, so I don't really understand what the problem is with creating the position the way we are suggesting. Trustee Solomon questioned if we could table this to March 29, 1994 and get the answers that we need. Obviously there is a problem here and either we go forward with the way it is worded or change it. Trustee Zuckerman stated that the Trustees received the proposed budget yesterday and questioned if the Lieutenants position and the new patrolman's position are funded in that budget. Administrator Russo replied that the Lieutenant position is funded, but the patrolman position is not. The same level of funding is in the police budget as was there previously. Trustee Zuckerman stated that it seems that if we do it this way, and replace the patrolman now, we lose the ability to hire a lieutenant next year. Chief Santoro stated that there are 24 people authorized and we have 23. Someone will be appointed to Lieutenant. We are really authorizing the position of a police officer because Civil Service states that we presently have our 14 police officers. Mayor Cresenzi stated that next year, when we deal with the budget hearing, we can modify the budget and if the Board is in agreement to put the 25th man, we can fund that during the budget hearing. 24 0052.1 .1. March 22, 1994 Trustee Zuckerman stated that he has been trying to make that point. We should do this at the budget hearing process and not tonight. Tonight we are creating the position and we can discuss the money when we do the budget. Mayor Cresenzi stated that if we fund it now, then the Chief would have the flexibility to hire before June 1st knowing the money is there now. Trustee Zuckerman stated that he would have that flexibility anyway because if he hires before June 1st we can make a similar transfer at that time based on what is best. Mayor Cresenzi stated that he has no problem with the resolution, but the only thing he would suggest is that we fund it now so that we know the money is there to hire someone. Mayor Cresenzi explained that currently, in the proposed budget, is the Chief, the Lieutenant, six Sergeants, the current staff of Detectives and 14 patrolmen. If we want to make 25, or make a 15th patrolman, than we need to modify the budget during a hearing process to include those spots. Trustee Zuckerman stated that it should be advertised that that is exactly what we are doing so you have community input as to whether or not we should hire that 25th officer or the 15th patrolman, which would fill out the squad system. Chief Santoro stated that we need to get another police officer on our chart in the civil service to be able to actually offer this job to someone. If he accepts this job, we need to have money to pay him. Mayor Cresenzi questioned what the consensus is of the Board. Trustee Daly stated that we fund it now because if we do find someone, we should be able to hire him as soon as possible. Trustee Solomon stated that we should leave the resolution the same. Mayor Cresenzi stated that the resolution that was read into the record, would stand correct. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 25 00521 March 22, 1994 16. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks: 8501-8578 (Medicare) 8580-8601 Payroll Checks: 12356-12445 Manual Checks: 8006 Environmental: 414-418 Recreational Trust: NONE Capital: 2126-2128 Birthday Run: NONE q NOW, THEREFORE, BE IT J 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 I 17. AWARDING EMERGENCY CONTRACT TO JOKEN DEVELOPMENT CORP. TO REPLACE COLLAPSED SEWER LINE AND PERFORM REPAIR WORK UNDER AND ON WESTCHESTER AVENUE Mayor Cresenzi explained that this item was not originally on the agenda, however over the weekend on Westchester Avenue and Division Street a 10 by 12 foot section of the concrete j roadway collapsed due to a sewer line being broken underneath and undermining the II roadway. This resolution deals with the permanent repair of that entire line. ,I 26 0052.1 -1 March 22, 1994 On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION AWARDING EMERGENCY CONTRACT TO JOKEN DEVELOPMENT CORP. TO REPLACE COLLAPSED SEWER LINE AND PERFORM REPAIR WORK UNDER AND ON WESTCHESTER AVENUE WHEREAS, a sewer pipe unexpectedly collapsed under Westchester Avenue in the vicinity of Division Street necessitating immediate action to preserve public health and safety, and the completion of this repair work cannot await competitive bidding; and WHEREAS, §103 (4) of the General Municipal Law provides for emergency contracts in this type of circumstances, and this exemption is also included in Village procurement policies. NOW, THEREFORE, BE IT RESOLVED, that an emergency contract in the sum of $18,300, is awarded to Joken Development Corp. Excavating Contracting of White Plains, NY to replace the collapsed sewer line under and on Westchester Avenue and perform related repair work in accordance with all New York State Department of Transportation requirements; and it is RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Ken Heller questioned if the State has any responsibilities. Mayor Cresenzi stated that they have no responsibility because it was our line that caused the break and the road to collapse and we are the only responsible party to maintain the line and restore the road. Over the course of the years the line just shattered. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 18. ROSANNE HIGGINS, PUBLICITY CHAIRMAN UNITED HOSPITAL MEDICAL CENTER RE: MAYFAIR SIGNAGE Administrator Russo stated that they want to place a sign at the corner of Bowman Avenue and Ridge Street from April 18 1994 to May 9, 1994. 27 0052.14 March 22, 1994 Administrator Russo stated that he would send a copy of the sign law to make sure that they conform. 19. HON. TIMOTHY IDONI, CHAIRMAN ADVISORY BOARD ON INTERGOVERNMENTAL RELATIONS RE: SALES TAR INCREASE Administrator Russo read the letter regarding the sales tax increase. He stated that the Board needs to discuss this and take a position on this. Trustee Pellino stated that he was not sure whether or not he supported the increase at this time. Trustee Daly agreed and added that the County should look at their own budget and find another alternative rather than coming to us and taking our money. Mayor Cresenzi suggested that we put this on the agenda for the April 14, 1994 meeting. DISCUSSION Mayor Cresenzi directed Attorney Powell to look into the possible formation of fire districts from Village to Village and Village to City. He would like to know what the procedure would be, how they are funded and administered. Trustee Zuckerman stated that there will be a liaison meeting with Rye Town on March 28, 1994 and one of the items on the agenda is the establishment of a fire district for the Town of Rye which would also include Rye Brook. He suggested that we coordinate the discussions that we are going to have with Rye Town with those that Attorney Powell has been directed to look into because a fire district may encompass an area larger than the Town and we should be looking to the City of Rye and the Town/Village of Harrison. Mayor Cresenzi agreed and added that perhaps the Town would oversee it. Trustee Pellino reminded Administrator Russo that in late April/early May there is the annual short course for Planning and Zoning Board members which is going to be held in White Plains and wanted to be sure that those members that are required are planning to do so. Trustee Pellino stated that there is a utility cut on Westchester Avenue near the General Foods driveway and the first patch collapsed and then was repaired, but now it is collapsing again. He suggested that we contact the utility and have them put a proper undercourse in. Mayor Cresenzi stated that it is only a temporary repair, which has failed twice and is due to the rough weather. He stated that we could call and ask them to excavate the repair. 28 0052.E March 22, 1994 Trustee Solomon stated that when the Highway Department put the snow at Garibaldi Park, they put it all in the infield and now the Recreation programs are going to be delayed because the snow that was there is just finally melting and the place is very muddy. Perhaps in the future, we could put it near the basketball courts or in the outfield. Mr. Circosta stated that access is very important and if our trucks attempted to get the snow that far out, the trucks may have done more damage to the fields than the snow. Administrator Russo stated that most of the snow was put on the infield and two loads were put near the bleachers on the third base line on Garibaldi and that ultimately proved to be a mistake. He added that the fields were just reviewed and of all of our fields, Garibaldi is in the best condition. Trustee Solomon questioned if we could dump snow in the keyhole. Administrator Russo stated that we could not do that because for one thing, we can't have access to private property. The reason we stopped putting snow on the outfield at Garibaldi was because we were right behind the residents homes. Trustee Solomon stated that we have to do something because with all of the salt and debris, it will be dangerous to the children. Administrator Russo stated that they broke the whole pile up today and the Highway is well aware of the problem and taking care of it. Trustee Zuckerman stated that Administrator Russo attended a meeting on February 25, 1994 regarding the water district and asked him to fill the Board in. According to a letter from Paul Noto, the County is going to take over all the legal expenses relative to the representation of the communities in the water district. Town Supervisor Bob Morabito stated that the County is going go levy us for those self sustained expenses. Administrator Russo stated that eventually, the County will be taking over these costs and issues relating to water cases. That may include a longterm study of the system to see what direction we should go and what is in our financial best interest and whether we should operate the systems ourselves. All issues that have bantered about for years are being put in the hands of the water district and we are activating that and taxing it and the whole process that we deal with now will be gradually turned over to the County. We will be reducing three municipal taxes and this will be a tax to do all the things that everyone has wanted to do for a while. I Trustee Zuckerman stated that we have had Joel Dichter represent the three communities for many years and he worried that some County Attorney who will be assigned to represent us will not be as knowledgeable as Mr. Dichter. Administrator Russo stated that it is a legitimate concern, however the Board of Directors of the Water District will make that decision and they will include the Mayors of Rye Brook, Port Chester and the City of Rye and the Supervisor of the Town of Rye and the Commissioner of Environmental Facilities for the County of Westchester will be the Chairman. 29 0052.16 March 22, 1994 Max Ramirez, a resident of Ellendale Avenue complained that he was never notified of the meeting when the Village purchased the two properties on Ellendale Avenue and stated that the properties are right next to his house and wanted to know what the Village was planning to do with the property. He stated that the Village is lowering the value of his property. Administrator Russo stated that there is no requirement that the neighbors need to be notified when property is being purchased. This Village, had various public hearings over purchasing the property, only because we are required to hold a public hearing. The only time we send certified letters is when there is a development of site plan or a subdivision application. Mr. Ramirez stated that Administrator Russo is wrong because they need to respect the rights of the people. Administrator Russo stated that the Village, like anyone else, has the right to purchase land. Mr. Ramirez questioned what was going to be done with that property. Administrator Russo stated that there has been no determination made on what to do with the property. We have talked about building a new garage there, but there is no definite determination. Mr. Ramirez stated that the Village is using the site to deposit salt which will filtrate to his property. Administrator Russo stated that there is no salt on that property. Mr. Ramirez stated that he understands that the Village paid $200,000. cash and even the Village may have money, it is the residents money and they need to realize that people cannot afford to pay more taxes. We cannot afford more police officers either. The sewerline just broke and we are building more shopping centers and more houses and the sewerlines are going to be overloaded pretty soon. Administrator Russo stated that the biggest problem we have with the sewerlines is with illegal apartments and occupancies that will cause a major strain on sewerlines. Mayor Cresenzi stated that the reason that the line collapsed had nothing to do with what was going through the place. It had to do with the fact that the traffic on Westchester Avenue and the vibration caused that clay pipe to collapse. The traffic on Westchester Avenue was not put there by the Village of Rye Brook so that line collapsed due to traffic that we have no control over and also the fact that the pipe was so old had an impact on that. You can get collapses anywhere in the Village totally unrelated to development. With regard to the lots on Ellendale Avenue, they came on line and are adjacent to the property that we currently use. We had the ability to go in there and take advantage of a unique opportunity as the lots are vacant, there are no homes on them, they abut our property and this Board thought it was i good planning for the future to purchase them. 30 0052 17 March 22, 1994 Trustee Solomon stated that we do not want an adversarial relationship with Mr. Ramirez, but we need those pieces of property. Perhaps Mr. Circosta and Mr. Russo could sit down with Mr. Ramirez and discuss buffering his area to cut down on the noise and to buffer between his home and the Village's facility. He questioned how long Mr. Ramirez has lived at this location. Mr. Ramirez replied that he has lived there for ten years. Trustee Solomon stated that everything that has been going on there has been going on prior to ten years. Mr. Ramirez stated that he already told Mr. Russo that if the Village is planning on Building anything, he would like a high fence to block the noise. It has already been a year and no fence has gone up. Mayor Cresenzi stated that nothing has been built on the property. Mr. Ramirez questioned if a fence could be put up so he did not have to look at it. Administrator Russo stated that currently, the Village is only using a small piece of the property. We have been cleaning out the lot, which looked like a dump. We installed a black vinyl fence along the area that we are using, which is very minimal. Trustee Solomon suggested that the lines of communication be kept open with Mr. Ramirez. Mr. Ramirez stated that if the Village is planning to build anything he would like to be informed because this is definitely affecting his property value and his lifestyle and he will have to take some action. ADJOURNMENT There being no further comment, Mayor Cresenzi adjourned the meeting at 11:06 p.m. Respectfully submitted, i i Elizabeth Bottali Secretary to the Village Board 31