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HomeMy WebLinkAbout1994-04-12 - Board of Trustees Meeting Minutes AGENDA � VILLAGE OF RYE BROOK BOARD OF TRUSTEES i 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 I 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 i 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 i f 005234 i i 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 i 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. 1 April 12, 1994 005915 i 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. 2 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. I Y 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. 3 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. i 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. 4 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. 5 i 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. { 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. 6 I April 12, 1994 005940 i 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. i 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. 005241 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. i 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. S 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. 8 i i 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 i 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. 9 _ 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. I Mr. Noto agreed and added that he was at the Harrison Town Board Meeting and they too would like to consider a noise ordinance. i 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. f 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, 10 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 i 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 i 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. 11 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. i 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. 12 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 13 6 G 00524 7 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 i RESOLVED, that the following donations are hereby accepted: Mr. & Mrs. Joseph Pellino $150.00 8 Terrace Court i 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 14 ()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 I 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 15 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 16 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 i 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 17 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 t On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION i 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 i i 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 I i 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. i 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: 21 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 1 i 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 i 5. ENTERING INTO AGREEMENT WITH COLIMORE-CLARKE ASSOCIATES, INC. CONSTRUCTION PHASE SERVICES ANTHONY J. POSILLIPO COMMUNITY CENTER 22 i 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 t 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. t 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 i i I i i 1 24