HomeMy WebLinkAbout1994-04-12 - Board of Trustees Meeting Minutes AGENDA
� VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
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AGENDA MEETING
APRIL 12, 1994
7:30 P.M.
PLEDGE OF ALLEGIANCE ACTION
PUBLIC 1194 ING
1. VILLAGE OF RYE BROOK
1994-1995 PROPOSED BUDGET
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RESOLUTIONS
2. ANNUAL ORGANIZATIONAL RESOLUTIONS
3. .APPROVAL OF DONATIONS TO THE
ANTHONY J. POSILLIPO COMMUNITY CENTER
RECONSTRUCTION FUND
4. APPROVING PAYMENT FOR GENERAL CONSTRUCTION
CONTRACT #9302
ANTHONY J. POSILLIPO COMMUNITY CENTER
5. APPROVING PAYMENT FOR PLUMBING WORK
CONTRACT #9303
ANTHONY J. POSILLIPO COMMUNITY CENTER
6. APPROVING PAYMENT FOR ELECTRICAL WORK
CONTRACT #9304
ANTHONY J. POSILLIPO COMMUNITY CENTER
7. APPROVING PAYMENT FOR H.VA.C.
CONTRACT #9305
ANTHONY J. POSILLIPO COMMUNITY CENTER
8. DEFERRING FURTHER ACTION ON
STROMBERG SUBDIVISION APPLICATION
9. OPPOSING THE REROUTING OF AIR
TRAFFIC FROM NEWARK AIRPORT OVER
THE VILLAGE OF RYE BROOK
1.0. BUDGET MODIFICATION
POLICE DEPARTMENT
11. BUDGET MODIFICATION
RECREATION DEPARTMENT
BLADES HOCKEY TEAM
12. CHECK REGISTER
13. SETTING EXECUTIVE SESSION
LEGAL AND PERSONNEL MATTERS
APRIL 20, 1994 - 6:00 P.M.
14. NOTICING A JOINT MEETING WITH THE
RECREATION AND PARKS COMMISSION FOR
APRIL 20, 1994 - 8:00 P.M.
ITEMS FOR APRIL 26, 1994
PUBLIC HEARINGS
1. ARBORS HOMEOWNERS ASSOCIATION
SECTION 1, BLOCK 6R, LOT- MAINTENANCE AREA
2. PROPOSED INTRODUCTORY LOCAL LAW#6-1994
ENTITLED: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
RESOLUTIONS
3. SUPPORTING ANTI-CRIME BILL URGING
THAT CRIME AND VIOLENCE BE STOPPED
4. AMENDING PERSONNEL POLICY MANUAL
REGARDING FAMILY MEDICAL LEAVE ACT
5. ENTERING INTO AGREEMENT WITH
COLIMORE-CLARKE ASSOCIATES, INC.
CONSTRUCTION PHASE SERVICES
ANTHONY J. POSILLIPO COMMUNITY CENTER
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6. AMENDING FEES - BUILDING DEPARTMENT
7. APPROVAL OF SIGNAGE
200 SOUTH RIDGE STREET
DISCUSSdON
8. PORT CHESTER-RYE-RYE BROOK
VOLUNTEER AMBULANCE CORP REPORT
9. EXTENSION OF LEASE AGREEMENT
TOWN OF RYE, HIGHWAY GARAGE
10. HILLANDALE AREA REZONE
11. PROPOSED SALES TAX INCREASE
12. LOCAL LAW INTRO #6-1994 ENTITLED:A LOCAL LAW
AMENDING THE CODE OF THE VILLAGE OF RYE BROOK
TO ADD A NEW CHAPTER 47 TO PROVIDE FOR
REIMBURSEMENT OF PROFESSIONAL CONSULTING FEES.
REPORTS
13. BIRTHDAY COMMITTEE
APPROVAL OF MINUTES
14. NOVEMBER 23, 1993
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005234
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MINUTES OF AN AGENDA MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
APRIL 12, 1994
CONVENE MEETING
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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
Kenneth E. Powell, Village Attorney
Robert J. Santoro, Chief of Police
Elizabeth Bottali, Secretary to the Village Board
Thomas Gissen, Frederick P. Clark Associates
Assistant to Village Administrator, Lori Ann DeMarco and Village Treasurer, Joseph
Cortese was not in attendance.
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April 12, 1994 005915
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Kip Konigsberg of K & M Realty appeared before the Board and explained that he was
advised by the Planning Board, that one could not come into a blanket review or re-
zoning. The Planning Board, in order to determine the appropriateness of the re-zoning,
had to come up with some type of use that would be proposed for the site, therefore, the
j applicant chose a high quality restaurant. Based on that, the Village Board referred this
application to the Planning Board for their review and recommendation. Ultimately, the
Planning Board reviewed the application and unanimously recommended a re-zoning of
the property. During the review process, the surrounding land uses were identified and
discussed. A traffic study was prepared by John Meyers, our consultant and, in addition,
the Planning Board formally referred the application to the Town of Harrison, who
stated that they had no objections to the re-zoning proposal and the Westchester County
Planning Board, who stated that it appeared to be compatible and consistent with the
surrounding land uses. During the Planning Board process, the applicant offered that
restricted from the property, because there was no desire to have
be restn ,
certain uses would p p $'
such uses on the site and also because the Village prefers not to see certain uses at the
site. Those uses included, adult entertainment, a fast food restaurant, any type of food
restaurant with a drive-through window, a parking lot to be used as a principle use and a
gasoline service station. To ensure this, the applicant suggested either a restrictive
covenant or a two part agreement between the Village and the applicant, both which
would be filed in the Westchester County Clerk's Office, Division of Land Records. It
would be binding in perpetuity and should provide the Village with the protection to
ensure that those kinds of uses would not be on the site. He added that in reference to
the March 25th letter which pertained to a multiple review situation, he does not feel
that that situation exists because this is clearly the last step in the review process for the
re-zoning. He stated that all of the agencies involved in the review have responded in
an affirmative matter. If the Board decides to require the applicant to go through a re-
zoning in tandem with a site plan application, it would cost the applicant between
$50,000 and $60,000 in consulting fees, not including legal fees, with the possibility that a
re-zoning may never even take place, placing an extreme burden on the applicant, so in
light of that, Mr. Konigsberg asked that the Board reconsider their letter of March 25th
and try to set the public hearing for the next meeting.
Trustee Zuckerman agreed and added that a public hearing would bring all of the issues
out and determine any controversies associated with the site that may exist. He
requested that if a public hearing is set, that a representative from the Planning Board
be in attendance as well as any surrounding landowners and municipalities.
Trustee Solomon suggested that the school be made aware of this public hearing as well.
Mr. Konigsberg stated that by Code, the school as well as the other landowners in the
area must be notified.
Mayor Cresenzi stated that while preparing the notifications, Mr. Konigsberg must use
the 500 foot radius.
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April 12, 1994 005236
Attorney Powell added that the notices must be sent out 10 days prior to the public
hearing.
Mr. Heller stated that the Environmental Council will soon be submitting the proposed
Wetlands Ordinance for the Village of Rye Brook. He suggested that this proposed
ordinance be considered while reviewing this project so as to avoid any future litigations.
Mayor Cresenzi stated that the sooner the Board can receive the ordinance, the better.
Trustee Zuckerman suggested that members of the Council attend the meeting and
comment during the public hearing.
a Mayor Cresenzi directed Administrator Russo to send a memo to the Planning Board
and the Environmental Conservation Council informing them of the public hearing.
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PUBLIC HEARING
1. VILLAGE OF RYE BROOK
1994-1995 PROPOSED BUDGET
Mayor Cresenzi opened the public hearing at 7:50 p.m.
Administrator Russo gave a slide presentation and explained that the breakdown of our
tax dollars have not changed from last year. He showed slides that portrayed the
reductions since 1988 and 1989 in assessed value which has the most significant impact
from year to year on our budget. In February we held Grievance Day and the
settlements are reflected in this number and 3% of our tax rate is due to reduction of a
little over 1.6 million of assessed value. The reductions have averaged a little over a
million and a half dollars per year and will probably not change much next year.
Administrator Russo referred to the Westchester County Tax Commission Tax Burden
comparison which shows an out of pocket, real dollars type of comparison. In
comparison with the twenty Villages in Westchester County, Rye Brook has the second
lowest taxes.
Trustee Zuckerman stated that the one community with lower taxes than Rye Brook is
Buchanan and questioned if Administrator Russo could explain to the public the reason
for this.
Administrator Russo replied that was because the Con Edison Nuclear Power Plant is
located within their municipality and they pay 60 - 70% of the taxes there, which is a
significant factor.
Trustee Pellino questioned if the school taxes are roughly equivalent in both school
districts.
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April 12, 1994 005237
Administrator Russo stated that Trustee Pellino was correct and added that Village taxes
were approximately 20% of a resident total tax bill. Administrator Russo added that this
year, as was suggested, a break down was provided of the changes in each department
budget line. We also included information regarding the Recreation Trust and Agency
Account.
Trustee Zuckerman questioned if funds will be available for a Basketball Court at
Harkness Park, providing that a positive recommendation comes from the Recreation
Commission,
Administrator Russo stated that the funds will probably be available, however we cannot
make any determinations until a report is made by the Recreation Advisory Commission.
Mr. Hroncich stated that we need to measure and see what the costs will be and then
i put a proposal before the Recreation Commission followed by a proposal to the Board
of Trustees.
Trustee Zuckerman questioned if something like that could be included in the budget for
next year as a line item.
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Administrator Russo stated that it is something that the Village Board could determine
at any time, since the funds would come from the Recreation Trust and Agency Account.
Trustee Pellino stated that the Recreation Trust and Agency Account is exclusive of the
Village Budget and does not have an impact on the coming years tax rate.
Administrator Russo explained that all the funds in the Recreation Trust and Agency are
contributions from developers for site plans and subdivisions and are to be used for
Recreation purposes.
Trustee Zuckerman stated that in the budget it would be beneficial to have a list of our
Capital expenditures out of Recreation Trust and Agency so that the residents can see
exactly what the money is being spent on. We need to determine if we should deplete
this account or bond for the money.
Administrator Russo pointed out that a backhoe is in our Capital budget for this year to
replace our 1972 backhoe. Parts are difficult to obtain for the current backhoe because
the company is no longer in existence. When we replace the backhoe, we will sell the
old one at an auction. When we purchased the lots on Ellendale Avenue, we put up a
vinyl black fence along the back of the property to try to screen it from Ellendale. We
are only using 50 feet of the lot currently. The railroad tie retaining wall is falling apart
on the western side of the property and once we resolve the longterm lease issue we will
be building a salt shelter and will make a combination retaining wall and back wall for
the shelter.
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April 12, 1994 005238
Administrator Russo mentioned the significant changes from the tentative budget and
issues that have come up since then. We had a significant increase of 14,500 in the snow
removal budget, Human Services budget is up 33,000 dollars for operating costs,
maintenance and increase program costs and as time goes on, we anticipate an increase
in cost and in revenues by the next fiscal year. The Indoor Center Supervision is up
4,650.
Trustee Pellino questioned if we discussed increase in fees for the Drop In Center.
Mr. Hroncich stated that he was not exactly sure, but it was some time within the last
two years. An increase was not yet discussed because the Recreation Department is still
partaking in the process of the cost analysis as a comprehensive look at fees and services.
Administrator Russo stated that there was a 60,000 increase in the contingency account.
We have two union contracts that expire at the end of this fiscal year and we will be in
negotiations shortly and this is all taking this situation into account. Without increasing
the number of police officers there is a request for a twenty fifth police officer that is not
included in the proposed budget. The Police Budget has been increased by
approximately $52,000 which includes a longevity item and is also primarily for changes
in rank thus causing an increase.
Trustee Solomon questioned why the longevity is placed under the overtime line.
Administrator Russo replied that it was placed there traditionally. Trustee Pellino
suggested adding another line to the budget because it skews the true nature of the
overtime line. Administrator Russo stated that he would add another line to the budget.
Administrator Russo stated that Fire is the next item the Village had a $75,000 increase
over last year's budget but now it is really a $39,000 increase over the final settlement
amount from last year. If you review the past years fire contracts, you will find that it
averages out to a 8.7% increase per year.
Trustee Pellino stated that based on a 7% increase for the next five budget years, what is
proposed now as $607,000, by the 1999-2000 budget, will escalate to $851,000, so with
that as an average number, you can see that fire service is getting rather expensive.
Trustee Zuckerman stated that one of the major problems is that while our fire budget is
increasing at a much higher rate than any other part of our budget, our assessibles are
going down. In 1983-1984 the assessed value in the Village was almost 64 million
dollars. Against that 64 million we were paying fire service costs of $310,000. The
assessed value today is under 57 million and we will be paying over $600,000 in fire
services. This is a matter of grave concern to all of us because we don't want to vote on
budgets that have large increases.
Trustee Daly stated that we should take a stand and tell Port Chester that we cannot
afford such an increase and that we are not going to pay it.
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April 12, 1994 "00523i
Trustee Pellino stated that members on this Board have been advocating a formula for
the fair share Rye Brook should be paying towards fire service and the community has
heard many times that we cannot get Port Chester to come to the table and talk to us.
Last year, I was told by a Port Chester Official that our allocation for fire services was
39% of their total fire budget but we were never given the formula which made up that
39%. This year, we were told that our share was 42%, but do not know what constitutes
that percent. This is no reflection on the service that we are getting, only that this Board
has no control over the costs of fire service for this Village and we may be forced in the
future to consider other alternatives.
Trustee Solomon suggested that we have a mediator. Perhaps Paul Noto can open up a
dialogue between the two communities.
Administrator Russo explained that the Ambulance Corp has a $35,000 reduction, the
Library is up about $10,600, reflecting their request for a 4.5% increase.
Trustee Solomon pointed out that currently, Port Chester has budgeted no money for
Library Service.
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Trustee Zuckerman stated that the Library is located in Port Chester and we have
contributed every year. It really bothers me that Port Chester is not including the
increase. I would like to see if a study can be made as to what kind of use the residents
of Rye Brook make of the Port Chester Public Library just to gain knowledge as to what
the money is going for. Also, do we have any details as to why the increase is being
requested at all
Mayor Cresenzi stated that he spoke to Administrator Russo about gathering such
information, and we will approach Robin Lettieri about this.
Administrator Russo stated that Rye Brook is supposed to pay 30% and Port Chester is
supposed to pay 70% but this percentage has been skewed as we have been approving
the increases for some time now and Port Chester has not. They have requested a
6.98% increase from Port Chester to put back into proportion the 70/30 split where it is
supposed to be and so far Port Chester has not responded.
Administrator Russo stated that the next item is an increase of $50,000 to Police
Retirement. The reason for this increase is the successful challenge of the Comptroller's
lawsuit against the State Legislature and Governor. It was just a gimmick to reduce the
State deficit. He added that this budget is predicated upon a change within our current
Health Insurance Program. We are proposing to go with an alternate plan within
MEBCO that would mimic the State Empire Plan that we got out of about five or six
years ago. Over the past five years, Empire has reduced some of its benefits which have
brought the cost down.
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April 12, 1994 005940
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Administrator Russo stated that the next area is our Capital Budget where we have a
significant increase proposed in the amount of $118,500 for the continuation of our
paving, the installation of a sidewalk on Bowman Avenue and South Ridge Street from
I Bowman Avenue to the Port Chester Middle School, roof repairs at the Highway Garage
and the purchase of a carbon monoxide fume exhaust system in the area of the repair
shop.
Trustee Pellino questioned why there are additional revenues projected in the Parks and
Recreation Department.
Mr. Hroncich stated that day camp brings in the most revenue and we have recently
increased the fees. We developed a camp video which is currently running on our Cable
Channel, sent out a direct mailer to every household specific to day camp and then sent
out the Spring/Summer Newsletter which also included day camp information. We
expect a larger turnout for day camp due to all of this and with the increased fees, we
came up with additional revenues.
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Trustee Pellino questioned if Administrator Russo has given any consideration to any
ballpark numbers that Rye Brook can expect from State Aid.
Administrator Russo replied "no" and added that he was not very optimistic.
Trustee Pellino stated that in the first draft of the budget the total revenue was the same
as it is now so I assume that the additional expenditures for the Police retirement and
the other things that we discussed are going to come from the property tax revenues. In
the original draft there was slightly more than 10% of revenue assigned as an
appropriated surplus and yet we are kind of putting the burden of the additional
expenses totally on the taxpayer and questioned if we could bump up the front balance
to somewhere in the area of six ninety to seven. He added that he would like to discuss
this further at the budget workshop with Administrator Russo.
Administrator Russo stated that over the coming years he sees the number going in the
other direction as it had in the late 80's and is hesitant to raise it any higher. Next year
we will be bonding the Anthony J. Posillipo Community Center and that is projected at
approximately six hundred thousand dollars and we expect that we won't generate the
same level of surplus going forward which means the unappropriated surplus difference
between these numbers and our fund balance is going to start to diminish where we
won't have those levels to appropriate in future years.
Trustee Solomon questioned if with the institution of the squad systems and the possible
twenty fifth police officer, if we anticipate an income in revenues from the police activity.
Chief Santoro stated that the only anticipated revenue in the police department that we
can almost guarantee is the alarms. We anticipate more activity with a full squad system,
but to say if revenue will go up is difficult.
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April 12, 1994
Trustee Pellino questioned where we are with the Taxi Licensing.
Chief Santoro stated that he and Attorney Powell have been working on the taxi law and
we are in the final draft. We do not currently have an operating taxi company in Rye
Brook except for Rye Brook Taxi which is really an airport service.
Trustee Zuckerman stated that he does not see the twenty-fifth police officer in the
budget and questioned if we could discuss whether or not we are going to hire another
officer.
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Trustee Pellino suggested that a 'Due For Restoration List" be developed of items that
can be removed from the budget and mark and prioritize for restoration in the event
lj State Aid should go up.
i Trustee Solomon questioned what was going on with the computer systems.
i Administrator Russo stated that it is under this years budget and should be done by the
end of the fiscal year. The only concern we have is how long the equipment that may be
right for us will be available on state contract for us.
Mayor Cresenzi asked that Chief Santoro and Director of Public Works, Rocco Circosta
be available to attend the budget worksession.
Mr. Hroncich questioned two additional programs that he had submitted to
Administrator Russo.
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Administrator Russo stated that he received an April 7, 1994 memo from Mr. Hroncich
regarding two programs that would be self supporting. The one that is not included in
the budget is the "We Welcome Kids Program" which we have not yet resolved.
Trustee Pellino invited Mr. Hroncich to attend the worksession and added that the April
7th memo can be discussed at that time,
Trustee Zuckerman stated that he was disturbed that there were no residents in
attendance at this Budget Hearing when this is the time for people to come in and
express their views as to how we are spending Village money.
Trustee Pellino stated that this evening there is a Port Chester Board of Education
Budget meeting as well as a Rye Town Board meeting concurrent with our Village Board
meeting so it was probably difficult for many residents to be here.
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April 12, 1994 005242
On Motion made by Trustee Pellino, seconded by Trustee Daly, the public hearing was
adjourned at 9:00 p.m.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
1 MAYOR CRESENZI VOTING AYE
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County Legislator Paul Noto updated the Board on the latest issues at the County level.
He informed the Board that negotiations on the stipulation are ongoing. Currently, the
Commissioner is confident that something will be negotiated and completed by the
summer but he does not know how long it will be for. The County's position is to go
with the twenty years. The curfew will remain in place and during the curfew hours the
tower will be closed and there will be no employees there to service any airplanes
j landing within the curfew, however the runway will be lit. He added that he was going
to ask the County Board to formally ask Congresswoman Nita Lowey to petition the
Clinton Administration to re-fund the EPA Noise Abatement Program. The County is
preparing to go out to bid on a state of the art Noise Abatement System and the
Legislative Committee on Budget Appropriation will be meeting on April 20th at 10:00
a.m. to discuss this new equipment which is an $800,000 project which will be-funded
90% by the Federal Government. He suggested that David T.T. Smith attend this
meeting so that the Airport Advisory Committee is updated. Water District #4 has been
activated and funded this year for the first time. We have all agreed on two things so
far. First, the County will be joining the fight against the requested rate increase from
New York American Water Co. This district will fund a longterm study to determine
what, if any, alternative exists for the purchase of water. The New York Water System
has requested what they call "Filtration Avoidance" meaning they will not have to filter
and they have been granted a three year extension on filtration of the New York City
System but they are still obligated to come up with some system within the next three
years. New York American Water is already filtered, however, they are purchasing the
additional three million gallons a day from the Westchester Joint Waterworks, therefore
that should be reflected in the rates. Mr. Noto explained that in reference to the hiring
of attorney's, it was the concensus that Joel Dichter is doing a very good job and it is the
preference of the Water District and the Commissioner of Environmental Facilities that
Joel Dichter be retained. Water District #4 will pay the legal fees, so the Village of Rye
Brook will no longer have to pay out of their general budget. There is no guarantee that
he will be hired, because the County usually has their own attorney's so he will have to
go through the County's procurement process. We will recommend that they hire Mr.
Dichter. The second issue that is unrelated to the environment but a significant one, is
Bias Crimes. We are working with District Attorney Jeannine Piro to obtain legislation
to require a municipal police department to report any bias incident to the District
Attorney's Office and then they will take it from there.
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April 12, 1994 3
Mr. Noto stated we feel very strongly that we need to educate people of all levels and to
eradicate bias and anti-semitism. We will be meeting with the County Police Chiefs to
obtain their support. Shortly the Village will be receiving a communication that will
describe exactly how much Rye Brook will receive under the proposed half percent
increase in the sales tax. The County Executive has asked us to support a request to
Albany to increase the sales tax by one half percent and distribute it along the same
formula that the existing sales tax is distributed. He added that he would like feedback
from the municipalities as to how they feel.
Trustee Zuckerman questioned if it was possible to get a breakdown of how much in
sales tax Rye Brook generates for the County and how much comes back to the Village.
Mr. Noto stated that they do not really break it down by municipalities.
Trustee Zuckerman suggested that Mr. Noto look into getting a breakdown for all of the
Villages.
Mayor Cresenzi stated that he has been working closely with the NRDC in reference to
noise regulations. Once the extension of the stipulation is completed, he stated that he
would like to move forward with the NRDC and Mr. Noto to try to implement some
noise regulations.
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Mr. Noto agreed and added that he was at the Harrison Town Board Meeting and they
too would like to consider a noise ordinance.
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Trustee Solomon stated that from what he has heard, there are still things leaching into
the water near the airport and questioned what they are doing to address that.
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Mr. Noto stated that the County Planning Department has assured that they are
retaining the leaching and we have not received any indication that there is additional
pollution in either the Kensico Reservoir or the Blind Brook. They are addressing this
by installing retention,
Trustee Solomon stated that we have a public hearing coming up that pertains to
building a restaurant on the property along Bowman Avenue. He suggested that Mr.
Noto sit in on that meeting.
Mr. Noto stated that he and the County Environmental Committee would be happy to
look into it.
Trustee Pellino stated that under the terms of the last Water Rate agreement, a public
hearing would not be necessary if they were requesting an increase of 3 or 4% but they
are asking for a 6.6% increase. Trustee Pellino questioned if that would be a mandatory
thing if they went over the percentage,
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April 12, 1994 005244
Mr. Noto stated that he would have to look into that with Mr. Dichter because he does
not know if legally, they are obligated. He thanked the Board for their time.
Milton Berner, an attorney for the Blind Brook Club was present and stated that since
1973 there has been a negative green easement between the then Town of Rye and now.
the Village of Rye Brook and the Blind Brook Club. Mr. Berner circulated various
documents to the Board and requested that a public hearing be set for May 24, 1994.
Mayor Cresenzi stated that they would call for the hearing on the 24th of May at the
May agenda meeting.
RESOLUTIONS
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2. ANNUAL ORGANIZATIONAL RESOLUTIONS
Mayor Cresenzi announced that we would have one vote for all of the appointments.
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following
resolution was hereby adopted:
RESOLUTION
ANNUAL ORGANIZATIONAL RESOLUTIONS
1994
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DECLARATION OF MAYOR AND TRUSTEES
RESOLVED, that Salvatore M. Cresenzi of 13 Holly Lane is hereby declared elected to
the office of Mayor of the Village of Rye Brook for a two-year term of office, and be it
FURTHER RESOLVED, that Michele Mendicino Daly of 9 Phyllis Place, and Gary J.
Zuckerman of 29 Hillandale Road are hereby declared elected to the office of Trustee of
the Village of Rye Brook for a two-year term of office; and be it
FURTHER RESOLVED, that said terms of office are effective on the 4th day of April,
1994 at 12 noon.
RESOLUTION
APPOINTMENT OF VILLAGE ADMINISTRATOR
RESOLVED, that Christopher J. Russo of 14 Jennifer Lane is hereby appointed as
Village Administrator for the Village of Rye Brook for the next ensuing official year.
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April 12, 1994 0®5 2 4 b
RESOLUTION
APPOINTMENT OF VILLAGE ATTORNEY
RESOLVED, that Kenneth E. Powell of the law firm of Maroney, Ponzini & Spencer is
hereby appointed as Village Attorney for the Village of Rye Brook for the next ensuing
official year.
RESOLUTION
APPOINTMENT OF RECEIVER OF TAXES
RESOLVED, that Hope Vespia, Receiver of Taxes for the Town of Rye, is hereby
appointed as the Receiver of Taxes for the Village of Rye Brook, effective immediately.
RESOLUTION
i APPOINTMENT OF VILLAGE ASSESSOR
RESOLVED, that William Wendlandt, Assessor for the Town of Rye, is hereby
appointed as the Acting Assessor for the Village of Rye Brook for the next ensuing
official year.
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RESOLUTION
DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT
RESOLVED, that the second (2nd) Tuesday of each and every month is hereby
designated as the Agenda Meeting night of the Village of Rye Brook Board of Trustees;
and be it
FURTHER RESOLVED, that the fourth (4th) Tuesday of each and every month is
hereby designated as the Regular Meeting night of the Board of Trustees of the Village
of Rye Brook; said meetings to commence at 7:30 p.m.
April 12, 1994
RESOLUTION
DESIGNATION OF OFFICIAL NEWSPAPERS
RESOLVED, that the Daily Item and the Westmore News are hereby designated as the
official Newspapers of the Village of Rye Brook for the next ensuing official year.
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April 12, 1994 005246
RESOLUTION
DESIGNATION OF DEPUTY VILLAGE TREASURERS
RESOLVED, that Catherine M. Spinosa of 166 Columbia Avenue, Hartsdale, NY is
hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next
ensuing official year.
RESOLUTION
DESIGNATION OF DEPUTY VILLAGE TREASURERS
RESOLVED, that Diane Di5anto of 98 Lakeview Avenue, Scarsdale, NY is hereby
appointed as First Deputy Village Treasurer for the Village of Rye Brook for the next
ensuing official year.
RESOLUTION
DESIGNATION OF DEPOSITORIES
RESOLVED, that the Bank of New York, Chase Manhattan Bank and National
Westminster Bank, are hereby designated as depositories for the Village of Rye Brook
for the next ensuing official year.
RESOLUTION
DESIGNATION OF SIGNATORIES
RESOLVED, that the Mayor, the Village Administrator and the Village Treasurer are
hereby authorized to sign checks on behalf of the Village of Rye Brook for the next
ensuing official year and be it
FURTHER RESOLVED, that bank transfers from one account to another can be made
by telephone by any one of the above named signatories or by Catherine Spinosa,
followed by written confirmation to the bank in accordance with the Village's Investment
Policy.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
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April 12, 1994
3. APPROVAL OF DONATIONS TO THE
ANTHONY J. POSILLIPO COMMUNITY CENTER
RECONSTRUCTION FUND
j On Motion made by Trustee Daly, seconded by Trustee Solomon, the following
resolution was hereby adopted:
I
RESOLUTION
APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO
COMMUNITY CENTER RECONSTRUCTION FUND
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RESOLVED, that the following donations are hereby accepted:
Mr. & Mrs. Joseph Pellino $150.00
8 Terrace Court
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TOTAL...........................................................$21,544.53
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
4. APPROVING PAYMENT FOR GENERAL CONSTRUCTION
CONTRACT #9302
ANTHONY J. POSILLIPO COMMUNITY CENTER
On Motion made by Trustee Solomon, seconded by Trustee Daly, the following
resolution was hereby adopted:
RESOLUTION
APPROVING PAYMENT FOR GENERAL CONSTRUCTION
CONTRACT #9302
ANTHONY J. POSILLIPO COMMUNITY CENTER
RESOLVED, that payment in the amount of $36,529.49 be hereby approved and made to
Marathon Orbit, Inc, for costs associated with the construction of the Anthony J.
Posillipo Community Center.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
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()05248
April 12, 1994
5. APPROVING PAYMENT FOR PLUMBING WORK
CONTRACT #9303
ANTHONY J. POSILLIPO COMMUNITY CENTER
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following
resolution was hereby adopted:
RESOLUTION
APPROVING PAYMENT FOR PLUMBING WORK
CONTRACT #9303
ANTHONY J. POSILLIPO COMMUNITY CENTER
RESOLVED, that payment in the amount of $16,579.75 be hereby approved and made to
Capstone Enterprises for costs associated with the construction of the Anthony J.
Posillipo Community Center.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
6. APPROVING PAYMENT FOR ELECTRICAL WORK
CONTRACT #9304
ANTHONY J. POSILLIPO COMMUNITY CENTER j
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On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution
was hereby adopted:
RESOLUTION
APPROVING PAYMENT FOR ELECTRICAL WORK
CONTRACT #9304
ANTHONY J. POSILLIPO COMMUNITY CENTER
RESOLVED, that payment in the amount of $6,887,50 be hereby approved and made to
Capstone Enterprises for costs associated with the construction of the Anthony J.
Posillipo Community Center.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
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00524)
April 12, 1994
7. APPROVING PAYMENT FOR H.V.A.C.
CONTRACT #9305
ANTHONY J. POSILLIPO COMMUNITY CENTER
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following
resolution was hereby adopted:
RESOLUTION
APPROVING PAYMENT FOR H.V.A.C.
CONTRACT #9305
ANTHONY J. POSILLIPO COMMUNITY CENTER
RESOLVED, that payment in the amount of $3,515.00 be hereby approved and made to
Hi-Tech - H.V.A.C. Systems, Inc. for costs associated with the construction of the
Anthony J. Posillipo Community Center.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE i
MAYOR CRESENZI VOTING AYE
Administrator Russo stated that there are more change orders pending and that an
outline would be prepared for the Board.
f
8. DEFERRING FURTHER ACTION ON
STROMBERG SUBDIVISION APPLICATION
II
On Motion made by Trustee Solomon, seconded by Trustee Daly, the following
resolution was hereby adopted:
RESOLUTION
DEFERRING FURTHER ACTION ON
STROMBERG SUBDIVISION APPLICATION
WHEREAS, by letter dated March 29, 1994, the attorney for the Stromberg Subdivision
Application requested an opportunity to apply to the Zoning Board of Appeals prior to
the public hearing.
NOW, THEREFORE, BE IT
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April 12, 1994 005250
RESOLVED, that at the request of the applicant consideration of the Stromberg `
Subdivision application shall be postponed until applicant shall request in writing a re-
activation to afford the applicant an opportunity to apply to the
activation of thea PP PP
PP
Zoning Bo
oPP
Board f Appeals.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
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9. OPPOSING THE REROUTING OF AIR
TRAFFIC FROM NEWARK AIRPORT OVER
THE VILLAGE OF RYE BROOK
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following
resolution was hereby adopted:
RESOLUTION
OPPOSING THE REROUTING OF AIR TRAFFIC FROM
NEWARK AIRPORT OVER THE VILLAGE OF RYE BROOK
WHEREAS, the Village of Rye Brook, Board of Trustees has the responsibility to ensure
the safety and quality of life of the people it serves; and
WHEREAS, the Board of Trustees has been vigilant in monitoring operations at the
Westchester County Airport and urging actions to limit air traffic and noise; and
WHEREAS, it has recently been proposed that the Federal Aviation Administration
reroute flights that take off from Newark Airport in New Jersey so that they pass over
Westchester, including the Village of Rye Brook, and parts of New York City rather than
northern New Jersey; and
WHEREAS, this ill-advised plan is being promoted, we are informed, to serve the
interest of residents of certain small and wealthy New Jersey communities; and
WHEREAS, the Board is advised that this proposal has received the support of Frank J.
Lautenberg who represents New Jersey in the United States Senate and who heads that
body's subcommittee on transportation that oversees the Federal Aviation
Administration; and
WHEREAS, if this proposed rerouting of flights is allowed to occur, it will place an
undue burden on the residents of the Village of Rye Brook; and
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April 12, 1994 0052
51
WHEREAS, any such redirection of flights would constitute an unwarranted and e`
unjustifiable encroachment by New Jersey on the integrity and prerogatives of other
jurisdictions for reasons unrelated to common good.
RESOLVED, that the Board of Trustees of the Village of Rye Brook does hereby
condemn the proposal to reroute over Westchester certain flights originating at New
Jersey's Newark Airport; and be it
FURTHER RESOLVED, that this Board strongly urges that our Federal representatives
use all proper means available to them to ensure that this ill-advised change in air routes
does not take effect; and be it
FURTHER RESOLVED, that the Village Administrator is directed to transmit a copy of
this resolution to members of the United States Senate and Congress who represent Rye
Brook.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
10. BUDGET MODIFICATION
POLICE DEPARTMENT
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On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution
was hereby adopted:
RESOLUTION
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BUDGET MODIFICATION
POLICE DEPARTMENT
RESOLVED, that the following budget modification be hereby approved:
FROM TO AMOUNT
2200.265 3120.200 $2,000.00
(Sale of Equipment) (Police Equipment
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
18
April 12, 1994 00
5252
11. BUDGET MODIFICATION
RECREATION DEPARTMENT
BLADES HOCKEY TEAM
On Motion made by Trustee Solomon, seconded by Trustee Daly, the following
resolution was hereby adopted:
RESOLUTION
BUDGET MODIFICATION
RECREATION DEPARTMENT
i
BLADES HOCKEY TEAM
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WHEREAS, the Village Board included $2,000.00 in the contingency account for the
Blades Hockey Team; and
WHEREAS, the request has been made through the Recreation Department for
payment.
NOW, THEREFORE, BE IT
RESOLVED, that the following budget modification be hereby approved:
FROM TO AMOUNT
101.1990.424 101.7140.4780 $2,000.00
(Contingency Account) (Special Events)
Recreation
Trustee Pellino questioned if any of the money that we have allocated to the Blades has
been distributed to them during the course of the year.
Administrator Russo replied 'No" and added that this is all that we have agreed to give
them and it was not budgeted in the current fiscal year. We determined the amount
afterwards, and put it in our contingency account.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
19
April 12, 1994 005953
12. CHECK REGISTER
On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, 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)
Payroll Checks: 8580-8601
Manual Checks: 12450-12669
Environmental: 419-420
Recreational Trust: NONE
Capital: 2130-2133
Birthday Run: NONE
NOW, THEREFORE, BE IT
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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
13. SETTING EXECUTIVE SESSION
LEGAL AND PERSONNEL MATTERS
APRIL 20, 1994 - 6:00 P.M.
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following
resolution was hereby adopted:
RESOLUTION
SETTING EXECUTIVE SESSION
LEGAL, PERSONNEL AND PUBLIC SAFETY POLICY MATTERS
APRIL 20, 1994 - 6:00 P.M.
20
April 12, 1994 005254
RESOLVED, that an Executive Session of the Board of Trustees shall be held on�April
20, 1994 at 6:00 p.m. to discuss Legal, Personnel and Public Safety Policy Matters.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
14. NOTICING A JOINT MEETING WITH THE
RECREATION AND PARKS COMMISSION FOR
APRIL 20, 1994 - 8:00 P.M.
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following
resolution was hereby adopted:
RESOLUTION
NOTICING A JOINT MEETING WITH THE
RECREATION AND PARKS COMMISSION
FOR APRIL 20, 1994 - 8:00 P.M.
RESOLVED, that a joint meeting between the Village Board of Trustees and the
Advisory Commission on Recreation and Parks be held on April 20, 1994 at 8:00 p.m. in
the Village Offices.
Trustee Zuckerman suggested that the Board consider taping this meeting.
Administrator Russo stated that he would speak to our cameraman and see if he is
available.
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TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
15. SETTING A PUBLIC HEARING ON A PROPOSED
AMENDMENT TO THE ZONING MAP TO RE-ZONE
PROPERTY FROM R-10 TO C-1 ZONING DISTRICT
On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following
resolution was hereby adopted:
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April 12, 1994 005255
RESOLUTION
SETTING A PUBLIC HEARING ON A PROPOSED
AMENDMENT TO THE ZONING MAP TO RE-ZONE
PROPERTY FROM R-10 TO C-1 ZONING DISTRICT
RESOLVED, that a public hearing will be held by the Village of Rye Brook Board of
Trustees on Tuesday, April 26, 1994 at 7:30 p.m. at the Village Offices, 90 South Ridge
Street, Rye Brook, NY on a proposed amendment to the Zoning Map to re-zone from a
R-10 to a C-1 zoning district approximately 4 acres of property known and shown on tax
maps as Section 1, Block 22, Lot 2B.
TRUSTEE DALY VOTING AYE
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
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ITEMS FOR APRIL 26, 1994
PUBLIC HEARINGS
1, ARBORS HOMEOWNERS ASSOCIATION
SECTION 1, BLOCK 6R, LOT - MAINTENANCE AREA
1 2. PROPOSED INTRODUCTORY LOCAL LAW 116-1994
ENTITLED: 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
RESOLUTIONS
3. SUPPORTING ANTI-CRIME BILL URGING
THAT CRIME AND VIOLENCE BE STOPPED
4. AMENDING PERSONNEL POLICY MANUAL
REGARDING FAMILY MEDICAL LEAVE ACT
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5. ENTERING INTO AGREEMENT WITH
COLIMORE-CLARKE ASSOCIATES, INC.
CONSTRUCTION PHASE SERVICES
ANTHONY J. POSILLIPO COMMUNITY CENTER
22
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April 12, 1994
005256
6. AMENDING FEES - BUILDING DEPARTMENT
7. APPROVAL OF SIGNAGE
200 SOUTH RIDGE STREET
J DISCUSSION
8. PORT CHESTER-RYE-RYE BROOK
VOLUNTEER AMBULANCE CORP REPORT
9. EXTENSION OF LEASE AGREEMENT
TOWN OF RYE, HIGHWAY GARAGE
10. HILLANDALE AREA REZONE
11. PROPOSED SALES TAX INCREASE
12. LOCAL LAW INTRO #6-1994 ENTITLED: A LOCAL LAW
AMENDING THE CODE OF THE VILLAGE OF RYE BROOK
TO ADD A NEW CHAPTER 47 TO PROVIDE FOR
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REIMBURSEMENT OF PROFESSIONAL CONSULTING FEES.
t
Attorney Powell explained that there are a number of codes which provide that when an
applicant comes before you and you need professional consultation for the application
you can charge the applicant for it.
i
Administrator Russo added that we have been doing a certain degree of this with our
Environmental Impact Fund but we should be doing much more of it.
REPORTS
13. BIRTHDAY"COMMITTEE
APPROVAL OF MINUTES
14. NOVEMBER 23, 1993
Trustee Zuckerman stated that at the next meeting when we discuss the Hillandale Area
Re-Zone, he would like, in conjunction with that, to discuss a possible Moratorium
similar to the Hawthorne Moratorium for the Hillandale area.
Mayor Cresenzi questioned if Trustee Zuckerman would provide the Board with the
information as to what the emergency is in order for us to declare a moratorium.
23
April 12, 1994005257
Trustee Zuckerman replied that he would have the information at the next meeting.
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RE-APPOINTMENT OF DEPUTY MAYOR
Mayor Cresenzi re-appointed Trustee Michele R. Daly to position of Deputy Mayor for,
the next ensuing official year.
ADJOURNMENT
There being no further comments, Mayor Cresenzi adjourned the meeting at 10:05 p.m.
Respectfully submitted,
Elizabeth Bottali
Secretary to the Village Board
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