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HomeMy WebLinkAbout1996-03-26 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING MARCH 26, 1996 PLEDGE OF ALLEGIANCE ACTION 7:00 P.M. CONVENE AS BOARD OF ASSESSMENT REVIEW: 1. APPROVING GRIEVANCE DAY SETTLEMENTS: 7:30 P.M. CONVENE AS BOARD OF TRUSTEES: DISCUSSION: 1. ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RE: ENVIRONMENTAL DECLARATION K&M REALTY 2. PLANNED UNIT DEVELOPMENT KSB ARROW WOOD RESOLUTIONS: 3. SETTING PUBLIC HEARING DATE VILLAGE OF RYE BROOK PROPOSED 1996- 1997 BUDGET 4. AWARDING CONTRACT 49601 ONE(1) 5 -7 CUBIC YARD DUMP TRUCK WITH PLOW 5. AWARDING CONTRACT 49602 FOUR WHEEL DRIVE UTILITY VEHICLE 6. CHECK REGISTER APPROVAL OF MINUTES: 7. DECEMBER 12, 1995 8. MAY 25, 1995 NEXT MEETING DATES: APRIL 9, 1996 - 7:30 P.M. - AGENDA MEETING APRIL 23, 1996 - 7:30 P.M. - REGULAR MEETING 10 006109 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MARCH 26, 1996 CONVENE MEETING: Mayor Cresenzi convened the meeting at 7:00 p.m. in the meeting room and the Pledge of Allegiance followed. Present were the following members of the Village Board: Mayor Salvatore M. Cresenzi Trustee Eugene R. Strum Trustee Nancy Stein Tunis (Left meeting early) Trustee Gary J. Zuckerman Trustee Joseph Pellino Also present were: Christopher J. Russo, Village Administrator Kenneth E. Powell, Village Attorney Robert Santoro, Police Chief Christian K. Miller, Planning Consultant, F.P. Clark Associates Lisa B. Marinaccio, Secretary to the Village Board Mayor Cresenzi announced that the Board would take the agenda out of order and start on the Discussion Section of the agenda first: DISCUSSION: 1. ADVISORY-COUNCIL ON ENVIRONMENTAL CONSERVATION RE: ENVIRONMENTAL DECLARATION - K & M REALTY: Mr. Roger Herman, Chair of the Advisory Council on Environmental Conservation (Environmental Council) came forward and introduced fellow member Michael Siegel. Mr. Siegel said that on February 20, 1996, he wrote a letter to the Village Board recommending that the Board adopt a positive declaration for the K &M Realty application ("Keyhole project.") Mr. Siegel added that the applicant strongly disagreed with the Council's position on this matter, and gave a brief explanation as to how the Environmental Council felt about this application. He explained that other applicants with similar proposals will expect similar treatment. Mr. Siegel reiterated that now is the time for the Board to set a uniform standard for every applicant seeking to build a project with greater than minimal environmental impacts within the Village. Mr. Herman referred to concerns raised in a letter from Laura Tessier of Westchester County the applicant claimed had been satisfactorily addressed, with which the Council disagreed. 1 006110 MARCH 26, 1996 Trustee Zuckerman asked if the Environmental Council's objection was on procedure or on substance in light of all of the documentation submitted on this proposal. Mr. Herman said the Council's basic concerns were with procedures but the substantive issues should be explored too. Trustee Zuckerman asked what the Environmental Council would like the Board to explore further. Mr. Herman said that one of the items that must be looked into further are the buffers as stated in the letter from Laura Tessier who indicated that they may not be sufficient, and that there is a potential for flooding. Trustee Strum asked Mr. Herman if it was the Environmental Council's contention that if the Village were to follow the full SEQRA process that risks could be exposed that are not known to date. Mr. Herman explained that the Environmental Council felt that there is a potential for problems that are unknown even by following the whole SEQRA process. Trustee Pellino asked if the Environmental Council thought the property in its present state was a desirable way in which to leave the site. Mr. Herman said no. Mr. Ken Heller, 22 Lincoln Avenue, came forward to address the Board and Trustee Strum interjected and reported that Mr. Heller at a previous meeting accused one or more members of the Village Board of violating the Code of Ethics. Mr. Strum asked whether he had anything further to add to that. Mr. Heller said that he did not accuse anyone of any ethics code violations, but he felt that there should be letters filed on certain matters that no individual family (families of any Village Officials) has in the past or present had a financial interest in the public entity that is providing services to the Village. Trustee Strum said that his interpretation was that Mr. Heller had positive information that one or more members of the Board had a financial interest in the new Rye Brook Fire Department. Mr. Heller denied that and said his statements were probably misunderstood. Mayor Cresenzi explained that everyone on the Village Board must file financial disclosure forms every year and those forms basically state that Board members have no financial interest with anyone doing business with the Village or any holdings in the Village other than their homes. Mr. Heller said that was not the reason why he wished to address the Board this evening. Mr. Heller said, with respect to the K& M-proposal, he was in agreement with the Environmental Council on the need for a full Environmental Impact Statement. Mr. Konigsberg told the Board that a letter from the Department of Environmental Conservation was submitted to the Village on February 2, 1996 which indicated that the remedial action on this project was acceptable. Mr. Konigsberg pointed out that Village's Planning Board spent a significant amount of time discussing this project and recommended a negative declaration and unanimously recommended approval of the proposed project. Mr. Konigsberg added that the Village's Planning Consultants stated that they felt that there was no need for this application to be sent back to the County because all of the County's concerns had already been addressed. Regarding the buffers he added that Beth Evans stated that those issues had been taken care of and that this project will improve the property. He reported that the Environmental Council continually recommends that the proposal needs to have bigger buffers, but the current condition of the site is deteriorating which is ultimately polluting the property. Mr. Miller conveyed that the determination of significance is based on criteria of the SEQRA 2 MAKCH 26, R96611 " process. A Board cannot arbitrarily find that there seems to be enough information and decide to go ahead with a negative declaration. Mr. Miller explained that the information submitted must be evaluated both by the applicant and the consultants based on the criteria contained in the SEQRA laws. There was discussion about the SEQRA process and Christian explained the process to various Board Members who had questions. Trustee Strum asked what the difference would be between a positive declaration, requiring an Environmental Impact Statement and a negative declaration, requiring an Environmental Assessment Form. Mr. Miller explained that the point of an Environmental Impact Statement (positive declaration) is that the Lead Agency takes the position, based on their review of the material submitted, that there are still potential impacts that need to be explored. Under the new regulations, the Lead Agency would indicate the need for an Environmental Impact Study on specific issues. He added that there would be an opportunity for public imput that is more formalized. Either way, the Lead Agency must make the statement that the action would not have a significant impact on the enviroment which can be achieved by a number of means. A positive declaration is one of many. Trustee Strum interpreted Mr. Miller as saying that if the Board accepted information on every possible environmental impact of an action that there would be no difference between a positive declaration and a negative declaration as far as the scoping. The issues would be addressed through an Environmental Impact Statement or through the Environmental Assessment Form. Trustee Strum concluded that a positive declaration is just a more formal procedure. Mr. Konigsberg reported that on November 19, 1994 , there was a public scoping session which included F.P. Clark Associates, members of the Rye Brook Environmental Council, people from the City of Rye, people from the Rye Brook Planning Board and other members of the public as well has the applicant's consultants. He added that all of the issues that could be potentially raised with respect to this application were talked about during that process for a previous application, which was withdrawn. Mr. Konigsberg reminded the Board that all issues were identified over a year ago using the same public documents that are the basis of this proposal. Mr. Miller brought up a few minor distinctions. The scope was made with the intent of filling the SEQRA requirement-to evaluate some alternatives and some impacts. Mr. Ryan brought up the letter from Laura Tessier and reported that the applicant had provided responses and those responses will concur that her concerns were satisfactorily addressed. He added that this site currently does not have buffers, and it is in a deteriorating condition. Currently it has no environmental protection, and what is being proposed will bring in buffers that will bring in wildlife habitat and will protect the water body. Trustee Pellino referred to a report received from Dolph Rotfeld's office which indicated; This assessment shows that the percent change and the rate of run off to the Blind Brook from the entire developed site, compared to the entire pre-developed site is zero percent, minus 24 percent, and minus 28 percent for the 2, 10 and 100 year storm events, respectively. Trustee Pellino wanted that clarified by Mr. Miller because a ten percent less run-off rate on all 3 MARCH 26, 1 JU b s� sites in terms of water retention and its run-off on all new development sites is what the Village requires. Mr. Miller said that he had just received said report and would have to get back to the Board on that issue. Ms. Eleanor Herman, resident of Rye Brook, came forward and asked what the buffers were on the proposed plan. Mr. Ryan reported that the plan shows a minimum of 20 feet and on average the buffer is approximately 40 feet. Mr. Herman asked if the Board was planning to vote on this matter tonight. Mayor Cresenzi said no. Mr. Herman conveyed that this project should not be looked at as a correction of a deteriorating site and stated that it must be developed in compliance with the current laws of the Village. Mr. Heller came forward and referred to pictures displayed of debris that is on the site. He reported that the applicant is planning to get rid of the debris on site and there is no procedure on how to move the material. He concluded that the Village Board should declare a positive declaration on this proposal. 2. PLANNED UNIT DEVELOPMENT-KSB ARROWWOOD: Mayor Cresenzi announced that this item would not be discussed at this meeting because the Attorneys were not available this evening. RESOLUTIONS: 3. SETTING PUBLIC HEARING DATE: VILLAGE OF RYE BROOK: PROPOSED 1996 - 1997 BUDGET: On the Motion made by Trustee Strum, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE VILLAGE OF RYE BROOK 1996-1997 PROPOSED BUDGET RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 9, 1996 at 7:30 p.m. at the Village Office located at 90 South Ridge Street, Rye Brook, New York to consider the proposed 1996 - 1997 Budget for the Village of Rye Brook. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4 MARCH 26, 19900611 6! ��..iJ .4 8 4. AWARDING CONTRACT 49601: ONE (1) 5 - 7 CUBIC YARD DUMP TRUCK V'l/ WITH PLOW: Mayor Cresenzi commented that Rye Brook has the best leaf collection in the County due to the dedication of the Highway and Parks Departments who collect the leaves, and the Village's equipment replacement program, which reduces down time and improves productivity. Trustee Zuckerman asked what this new truck will do, and how it will enhance the Highway Department's capabilities. Mr. Circosta explained that a conventional dump truck cannot be converted into a salt spreader, which would keep such a truck out of service from April 15 through December 1. In addition, the new truck will save the Village money on salt delivery. On the Motion made by Trustee Strum, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION AWARDING CONTRACT 09601 ONE (1) 5 - 7 CUBIC YARD DUMP TRUCK WITH PLOW WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract#9601 entitled "One (1) 5 - 7 Cubic Yard Dump Truck with Plow" and; WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook; and WHEREAS, on Wednesday, February 14, 1996 at 2:00 p.m., the Village of Rye Brook publicly opened and read two proposals; and WHEREAS, the Director of Public Works has reviewed and analyzed the proposals; and WHEREAS, the Director of Public Works has determined that Robert Green Truck Division has not met with the specifications of this contract; and WHEREAS, the lowest responsible bidder is Gabrielli Ford Truck Sales of Medford, New York at the approximate bid price of$83,448. NOW, THEREFORE, BE IT RESOLVED, that after review by our Director of Public Works, Contract#9601 entitled, "One (1) 5 -7 Cubic Yard Dump Truck with Plow" be awarded to Gabrielli Ford Truck Sales of Medford, New York at the approximate bid price of$83,448; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute said contract with Gabrielli Ford Truck Sales on behalf of the Village of Rye Brook. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5 MARCH 26, '99W6114 99W6x14 5. AWARDING CONTRACT#9602 - FOUR WHEEL DRIVE UTILITY VEHICLE: On the Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION AWARDING CONTRACT#9602 FOUR WHEEL DRIVE UTILITY VEHICLE WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract #9602 entitled "Four Wheel Drive Utility Vehicle" and; WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook; and WHEREAS, on Wednesday, February 14, 1996 at 2:00 p.m., the Village of Rye Brook publicly opened and read three proposals; and WHEREAS, the lowest responsible bidder is Sun Chevrolet of Chittenango, New York at the approximate bid price of$27,375; NOW, THEREFORE, BE IT RESOLVED,that after review by our Director of Public Works, Contract#9602 entitled, "Four Wheel Drive Utility Vehicle" be awarded to Sun Chevrolet of Chittenango, New York at the approximate bid price of$27,375; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute said contract with Sun Chevrolet on behalf of the Village of Rye Brook. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6. CHECK REGISTER: On the Motion made by Trustee Zuckerman, seconded by Trustee Pellino, 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: 13563-13650 Medicare: 13676-13701 Pre Paid: 13507-13510 & 13512 Payroll Checks: 18841-18932 Environmental: NONE Capital: 2493-2501 Capital Pre Paid: NONE Birthday Run: NONE 6 MARCH 26, 14d 0 6 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES: 7. DECEMBER 12, 1995: 8. MAY 25, 1995: On the motion made by Trustee Strum, seconded by Trustee Pellino, the minutes were approved as amended: TRUSTEE STRUM VOTING AYE ON DECEMBER 12, 1995 MINUTES ABSTAINING ON MAY 25, 1995 MINUTES TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE NEXT MEETING DATES: APRIL 9, 1996-7:30 P.M.-AGENDA MEETING APRIL 23,1996- 7:30 P.M.- REGULAR MEETING Mayor Cresenzi announced that before the Board convened as the Board of Assessment Review, the business meeting would take place. Mayor Cresenzi asked if there were any comments from the public. I Mr. George Dattino, 8 Bell Place, came forward and told the Board that he wrote a letter to the Board in September 1995 concerning traffic issues in the Rye Hills area and he has not heard anything to date. Trustee Pellino requested that Administrator Russo notify the Traffic Commission about this matter. Mayor Cresenzi asked if anyone had anything else to discuss with respect to the business meeting. Trustee Pellino brought up correspondence received by the Village Board from Thomas Hroncich, Superintendent of Parks& Recreation about Rich Manor Park and the geese problem that has developed. Mr. Hroncich requested in his correspondence, the need for a sign to indicate "Don't feed the Geese." Trustee Pellino reported that under the Village's local law on signs on public property, the erection of an informational sign makes sense to get the message out to people who frequent Rich Manor Park that they are being requested not to feed the geese. Trustee Pellino conveyed that he had no problem with erecting such a sign. Administrator Russo communicated that Rich Manor Park is a fairly isolated, secluded, small area in the Village and he did not feel that people go there deliberately to feed the geese, but in the 7 MARCH 26, 1996 Yy� 00611(3 Village's past experience of putting informational signs up in parks, especially in the Rich Manor area, has resulted in many complaints from residents. Trustee Strum suggested an informational mailing to the neighbors of the park indicating that the problem being exacerbated by people feeding the geese. He mentioned that the matter should be in the next Village newsletter. CONVENE AS BOARD OF ASSESSMENT REVIEW: 1. APPROVING GRIEVANCE DAY SETTLEMENTS: On the Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION GRIEVANCE DAY SETTLEMENTS WHEREAS, the Village of Rye Brook Board of Assessment Review met to hear all persons wishing to be heard; and WHEREAS,the Assessor has reviewed the complaints filed and has submitted his opinions on each of the filings; NOW, THEREFORE, BE IT RESOLVED; that the Board of Assessment Review has made the following final determinations: ADDRESS DETERMINATIONS 1100 King Street (Phase I) 1-3-2 $10,000 A.V. Reduction 1100 King Street (Phase II) 1-3-2.1 $10,000 A.V. Reduction 1100 King Street (Phase III) 1-3-2.2 $6,500 A.V. Reduction 699 Westchester Avenue (1-5-18C) $1,444,200 A.V. Reduction 18 Berkley Drive $3,000 A.V. Reduction 21 Talcott Road $1,200 A.V. Reduction 7 Valley Terrace $900 A.V. Reduction 22 Meadowlark Road $2,300 A.V. Reduction 186 Ivy Hill Crescent $300 A.V. Reduction 787 King Street $5,000 A.V. Reduction 1 Deer Run $2,000 A.V. Reduction 90 South Ridge Street $10,000 A.V. Reduction 4 Westview Avenue $1,000 A.V. Reduction 21 Brookridge Court $100 A.V. Reduction 25 Brookridge Court $200 A.V. Reduction 58 Bowman Avenue $2,000 A.V. Reduction 115 South Ridge Street (1-24-1A) $5,000 A.V. Reduction High Point Estates (1-3-1A1.I) No Change High Point Estates (1-3-1A2) No Change Anderson Hill Road (1-3-5A) No Change Anderson Hill Road (1-3-5B) No Change Anderson Hill Road (1-3-5C) No Change Anderson Hill Road (1-4-5) No Change 22 Holly Lane No Change 8 MARCH 26, 1996 ADDRESS DETERMINATIONS 21 Holly Lane No Change 18 Mohegan Lane No Change 28 Berkley Drive No Change Avon Circle (1-5G-Various) No Change 34 Sylvan Road No Change Ridge Street and Bowman Avenue(1-23-1A2A) No Change Bowman Avenue (1-23-5.4) No Change South Ridge Street (1-24-1B) No Change South Ridge Street (1-24-22) No Change Telecomm. Equipment (1-600-2) No Change Telecomm. Equipment (1-600-2.1) No Change Telecomm. Equipment (1-600-3.3) No Change TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE The meeting was adjourned at 8:55 p.m. Respectfully submitted, 6� ' , Christopher Russo, illage Clerk 9