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HomeMy WebLinkAbout1994-05-24 - Board of Trustees Meeting Minutes (2) 005311 MINUTES OF AND AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MAY 24, 1994 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. j Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Joseph Cortese, Village Treasurer Elizabeth Bottali, Secretary to the Village Board Thomas Gissen, Frederick P. Clark Associates j Trustee Randy A. Solomon arrived at 8:10 p,m. i I I i May 24, 1994 005312 Mayor Cresenzi introduced County Legislator Paul Noto who was present to bring the Board up to date on the Airport Stipulation. County Legislator Noto stated that the County entered into a ten year extension stipulation. He stated that the actual is a series of documents that represents a number of agreements between the County and the various airlines that are going to sign on. The Agreement is supported by the County Board with the municipalities involved. There were give backs by the airlines and in particular having the ability to audit the passenger list, which the County never had before. It is important to recognize that the 4 gates is what limits the number of aircraft that can come in and out of the airport. That is cast in concrete for the next 10 years. The County Board will not be in the position to vote on these documents because the County Executive is not sending them to the Board, they are going directly to the Board of Acquisition and Contracts, which is a Board comprised of the County Executive, the Chairman of the Board and the Commissioner of Public Works. We really do not agree with this because the Board believes it is a major policy decision that should be made by the Board of Legislators. Mr. Noto also stated that in reference to the Water District, they are waiting for the County Attorney's decision on whether or not they are going to handle the legal matters themselves or go to outside counsel. A decision should be made by early next week. Mr. Noto mentioned the tragic accident that occurred on Ridge Street, and informed the Board that he asked the County Department of Transportation to look into it. Mr. Noto stated that a number of gun control legislations are coming before the Board and they will be asked to vote on a number of Resolutions to send to the State regarding relicensing of guns and this will be done every three years, There is a proposal to license every gun and also the State mandate that everyone who owns a gun take a test. Mayor Cresenzi stated that the number of gates is very important, obviously the 240 per half hour is important. The other one that is being left out is one air frame per half hour, he hopes that that is in there also. Mr. Noto stated that almost every thing that was in the original stipulation is in this stipulation. The largest air carrier US AIR has not yet signed, we anticipate they will be signing shortly. With that in mind, he stated that he will get the Mayor the document. Jules Harris asked how the sales tax increase will work. Mr. Noto informed him that the County Board voted to request the State Legislator to increase the Sales Tax by 1/2 percent and distribute it back to the School Board and the municipalities in the County. As he understands it, it is dead in Albany. The County Executive is backing it however he believes it is dead for the year. Mayor Cresenzi Congratulated Police Officer Greg Austin, who completed the DARE training school and will be the second officer trained in that capacity on the Rye Brook Police force. 2 May 24, 1994 00 `3 1 PUBLIC HEARINGS 1. CONTINUATION OF OPEN SPACE EASEMENT FOR THE BLIND BROOK CLUB PROPERTY Mayor Cresenzi opened the Public Hearing at 7:45 p.m. Attorney Powell stated that there are several legal issues under the easement that he feels the Board should consider. His recommendation would be to continue the Public Hearing in Executive Session to discuss the legal issues. Mayor Cresenzi stated that they will adjourn the Public Hearing for 30 days until the June 28th meeting. On motion by Trustee Daly and seconded by Trustee Pellino the Public Hearing was adjourned. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 2. LOCAL LAW INTRODUCTORY #8-1994 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 Mayor Cresenzi announced that this item would be held over to the June 28, 1994 meeting. RESOLUTIONS 3. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROVING DONATIONS TO THE ANTHONY J• POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND 3 i May 24, 1994 _0053 . 4 RESOLVED, that the following donations are hereby accepted: ANTHONY T POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND NAME AMOUNT Morris Goldsmith $50.00 24 Paddock Road Total of this resolution................................$50.00 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. APPOINTING POLICE OFFICER On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED, that John C. Hawkins of 15 Lake Street, White Plains, New York be hereby appointed to the probationary position of Police Officer, 2nd Grade, at a salary of $46,737 with the Village of Rye Brook; and it is FURTHER RESOLVED, that the probationary period for the position shall be six months effective on the commencement date of May 26, 1994. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi and the Board welcomed Mr. Hawkins to the Village. 4 May 24, 1994 005323 PUBLIC HEARINGS 5. PROPOSED INTRODUCTORY LOCAL LAW #7-1994 A LOCAL LAW TO IMPLEMENT THE HAWTHORNE AVENUE ZONING STUDY Mayor Cresenzi opened the Public Hearing at 7;50 p.m. and asked Thomas Gissen to give an overview of the local law for the public. Mr. Gissen stated that his office performed the study at the direction of the Village Board. The study was generated by concern of the public and the Board about the Hawthorne Avenue area. The two concerns were that it is a unique area and a valuable asset to the community. Also that the general recognition that this established residential area has been largely developed in a manner that is not consistent with the underlying zoning. To perform the study, the first thing that Frederick P. Clark's Office did was establish the boundaries and the parameters of the study area. Basically they were asked to look at Hawthorne Avenue from North Ridge Street to Westchester Avenue. We recognized that it was mostly contained in the R7 zone with part of it ' within the R2F zoning district. The R7 district permits a single family home to be developed on a lot of not less than 7,500 square feet. The R2F allows one or two family homes to be developed on lots of not less than 5,000 square feet. They included in the study all the homes with frontage on Hawthorne Avenue and those that could be construed as part of the gateway to Hawthorne Avenue. They noticed that there was a section that has frontage on North Ridge Street but are contained within the same R7 zoning district as most of the Hawthorne Avenue is located in. Therefore we determined that we should study all these areas. Once the boundaries were established the next logical step was to look at the Village's own master planing document. One of the major items that we looked at was the 1986 Rye Brook Center Development Plan Update. Mr. Gissen stated that two of the themes that were repeated quite strongly throughout the Report were the idea that one of the Village's primary goals is to maintain the residential character of established neighborhoods and to provide diversity of housing. Hawthorne Avenue is a largely established neighborhood and it is confirmed that it provides diversity of housing. Within the Southern portion of the Village it is really the only large selection of large lots. Within the entire Village it is really the only section of larger older homes on large lots. They then began to look at the area itself. The first thing you notice is the dissimilarity between Hawthorne Avenue and all of the areas immediately around it. Hawthorne Avenue lots are significantly larger than those above or below it. The lots on North Ridge Street have a different character than Hawthorne Avenue. North Ridge Street is a busy thoroughfare and Hawthorne Avenue is a residential street. The Northern end has two lots that are very dissimilar to those on Ridge Street yet are similar to their counterparts on the South of Hawthorne. The central part of Hawthorne Avenue is a wide level street with large stately homes. The lots range from 10,000 to 60,000 square feet. The average lot is about 23,000 square feet which is more than 3 times the minimum lot size for the area. 5 May 24, 1994 005324 Mr. Gissen stated that the next step is determining what type of zoning would be most appropriate for the area. They looked at lot, area, width and setbacks of the various set backs on lots. They recommend that the lots that either front on North Ridge Street or gain there access from North Ridge Street should remain within the R7 zoning district. We recognize that this creates a small pocket of R7, they considered that they should be included in the R2F zoning district. Their primary concern was focused on North Ridge Street and the traffic aspect. Most of the lots have individual driveways onto North Ridge Street. If these lots were made R2F than you would be increasing the number of potential traffic conflicts. We recommend that these remain as the R7. It was recommended that the Southern end lots remain within their R2F zone. The body of Hawthorne Avenue was then studied. They began by looking at the existing zoning districts. They looked at the R20 and then the R15 zoning districts. The problem is that the bulk standards are more than simply lot area. They are lot depth, lot width and setbacks. Although these lots are about 23,000 square feet they are not typical R20 or R15 because they tend to be more oblong than square, with that comes reduced side and front yard setbacks. The houses tend to be near the edges up front large rear yards and deep lots. The purpose of the study is to regulate, accommodate and protect the patterns of development of an established neighborhood that has been identified as unique and worthy of protection. Therefore based upon the analysis of the set backs they determined that it may be necessary to define a new zoning district that would as best as possible match the established development pattern in this area. It is impossible to match it exactly because many of the houses were built quite a while ago. In the standard that they developed for the R15 there is some minor increase in the number of non-conformity. The total number of non-conformities that they estimated under the existing zone to be approximately 27, this number would rise to 36. Of the lots that maintain non-conformity we estimate that 16 of the lots previously did and under the proposed rezone 18 lots would maintain non-conformity. The non-conformities are not particularly problematic for a couple of reasons. First, any lot would be grandfathered as long as the structure remains in the present condition they are as though they are conforming. Second there is room to expand on almost all of these lots in terms of the individual structures. Lastly, there was a difficult situation where there was a true hardship and an expansion needed to be done in a way that didn't conform with the new R15A standard, There is always the option to go before the Zoning Board of Appeals whose job it is to review whether the hardship exists and whether a variance is warranted to permit that. They also recommended was that since the setbacks were pulled back to accommodate this pattern of development they also look at the lot coverage law which recommended amending the law to include the R15 standards that would permit most of the housing and would be conforming and would have expansion possibilities. They further recommend that the lot coverage section of the code be deleted and reincorporated into the zoning code where it would be very clear that the Zoning Board of Appeals could grant variances. Mr. Gissen asked if there were any questions that he could answer in regard to the study. Mayor Cresenzi thanked Mr. Gissen for a very well done study. 6 May 24, 1994 0053215 i The Public Hearing was adjourned at 8:10 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE { TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. PROPOSED INTRODUCTORY LOCAL LAW #8-1994 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 i Mayor Cresenzi opened the Public Hearing at 8:10 p.m. Trustee Pellino stated that at the April Public Hearing on this item several issues were brought up. One issue pertained to grandfathering. The Village Attorney looked into that issue and re-wrote the proposed ordinance to protect the people who have existing { pools which are in compliance under the current code. It does not relieve anyone who is found to not be compliant with the current code in the future. Another issue was a question whether or not the Village would require the removal of a pool in the law if it was non-conforming. This question was brought back to the Zoning Code Update Committee and they asked the Village Attorney to write into the ordinance the possibility of directing the removal of a pool if a pool is found to be non-conforming under the old code. Another issue was pertaining to the height of fences on corner lots. The committee found that allowing a six foot high fence all the way around the property could be in conflict with another provision of the zoning code which has to do with site distances for traffic. Trustee Pellino stated that his interpretation was that once a house was constructed on a corner lot the owner is given the option of defining what their front yard will be, that would be the determining factor in the definition of a front yard for that property. Mr. Circosta, Director of Public Works stated that that is only correct when the rear yard set back is met on the other two yards. Zoning states that the front yard shall be that yard that is opposite the yard that meets the rear yard setback. In the case where both the other two yards meet the rear yard setback, then the owner has the option to determine which is the front yard. Trustee Pellino stated that his feeling is that it should be in conformance with the walls and fences law and should not conflict with site distance provisions of the Zoning Code. When you have a corner lot situation the homeowner is allowed to build a six foot high fence as long as that fence is in back of the front yard set back line. We can further discuss this in terms of defining the front yard set back, however we should not write an ordinance that is going to conflict with traffic site situations Trustee Pellino added. 7 i May 24, 1.994 005326 Trustee Pellino stated that if a resident were to construct a pool on a corner lot, they would want the building to be part of the enclosure for protective purposes. The fence would then naturally fall behind the front yard setback, thereby allowing the fence to be six feet high. He added that an issue was brought up by Trustee Daly that had to do with conformance on the drainage of back wash waters. Through a correspondence from Westchester County we were advised that the back wash water could not be drained off through stormwater sewer systems but though sanitary sewer systems. Our original draft identified that back wash could go through stormwater sewage so we will have to revisit this issue. The second item that came up was chlorine disposal. The previous code had allowed .1 parts per million chlorine residual. The County told us in their letter that under newer regulations there should be not chlorine and pool water should not be discharged of 10 days after the last chlorine treatment. We have to deal with rewriting that part of the swimming pool ordinance as well. We think we have most of the issues under control. The Village Attorney advised Trustee Pellino that because of substantial changes which we did not expect, we may have to renotice the ordinance because it is substantially different from the original. On Motion by Trustee Daly and seconded by Trustee Zuckerman the Public Hearing was adjourned at 8:20 p.m, to the June 14, 1994 meeting. i TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. PROPOSED PURCHASE OF PROPERTY LOCATED AT 863 KING STREET Mayor Cresenzi opened the Public Hearing at 8:20 p.m. and introduced Facilities Committee Chairman Ken Berman. Mr, Berman explained that the committee has looked at five place where they believe that a municipal complex would be feasible for the Village. The Committee narrowed it down to 863 King Street, because it felt that this land would meet the needs of the Village. A report completed a few years ago recommended 18,000 square feet for a Village Office. Currently, at 90 South Ridge Street we occupy 9,500 hundred square feet. The Committee is proposing to the Board that it purchase the property known as 863 King Street and erect a complex of about 12,000 square feet. It is currently owned by the Korean Church for the past 5 years. Due to the past rent increases at the present location we feel that the rent will increase again which would increase the taxes to the Village. N, 8 May 24, 1994 ® l Dan Paniccia, also a member of the Facilities Committee stated that the property is unique because it is already off of the tax rolls. It is located on King Street and Arbors Drive. There is an existing building of approximately 54,000 square feet of which 3,000 square feet of that is relatively new and built in 1973. The new section is built of concrete and steel and there is an old house located in the rear, There is a large paved parking area and quite a bit of open space consisting of nearly 2 acres of land. The land is relatively flat and has quite a bit of buffering between King Street, Arbors Drive and the adjacent property. There is an existing small pool which has been used in the past by the Rye Brook day camp. The pool is in relatively good condition. The Committee looked at the Village's needs and identified office space as a high priority need since we have a lease which is expiring in 1996 and may be increased. This particular site became available, and we felt it could take care of all of our administrative needs as the Recreation, Building and Public Works Department and the Police Department could all be accommodated on this site. This would also leave additional space for future expansion of other uses if we needed it. There are also potential recreation uses such as basketball or tennis courts that can be accommodated on this site. The committee felt that the impact on the surrounding neighbors was very low having only four properties on King Street. The committee recommends that the Village purchase the site, demolish the old two story structure in the rear and construct a new addition of approximately 3,000 square feet on the ground, 2 stories for a total of 6,000 square feet. Also, an addition should be added over the existing building of another 3,000 square feet. This would give us a total of 12,000 square feet. The Committees analysis was mainly financial in that they found that there was a tremendous savings in going ahead with the project as proposed. Harry Krausman has completed an elaborate financial analysis which really portrays the merrit of this proposal. Mr. Paniccia then turned the meeting over to Mr. Krausman. Mr. Krausman stated that currently the Village Office is paying taxes, operating expenses and rent of approximately $185,000. We have an option to extend our lease effective on 1996, which would increase the rental as a function of fair market value. Based upon the projections that we have made, we estimate that the rental costs will rise in excess of $200,000 in 1996. We get one five year increase for the extension of the term. Beyond that there is no language in the lease we have to re-negotiate. One of the down sides that we noticed in constantly re-negotiating leases is that you are subject to market fluctuations. The way we are planning to finance the facility is through floating of a 5 ears and at the end of the 25 year period the cost locks the cost to 2 issue which loc Y P I bond Y disappears. Instead of looking at upwardly escalating rents of unknown magnitude over extended period of time we lock into a fixed number for 25 ears. The analysis that n exten Y a p we looked at was a fifteen year projection and to us it looked like if we continue for the next fifteen years under very conservative figures the Village would be leasing 9,500 square feet. At the same time they assumed that for 12,000 square feet, buying and constructing the site, the Village would pay $4,100,000 in rental fees. This includes operating expenses, real estate taxes and other costs. This year the Village is paying approximately $30,000 in real estate taxes. As compared to 863 King Street where we estimate that the cost would be approximately $3,000,100 which is approximately a $1,000,000.00 savings. There would be no cost for real estate taxes. 9 May 24, 1994 005328 Mr. Krausman stated that the operating expenses for the site would be much different than they are now where they are renting space in an office building and paying your share of the upkeep of the offices. At this site there would be virtually none. We would have our own employees and Village services handling those things. The operating expenses would be reduced. The real estate taxes would be eliminated. It is a very smart deal. Ken Berman stated that our lease ends in May of 1996. Hopefully we can sign a contract with the Church sometime in July, get the architectural drawings out and have this building up and ready to be occupied by May of 1996. We can literally move out of 90 South Ridge Street and into 863 King Street with no duplication of rent. Trustee Daly asked if the property on Crawford Park that fronts on Ridge Street could have been used for municipal offices. Mr. Berman explained that the property on Ridge Street was looked at. It was turned down because you would have to start from scratch with a brand new construction. At 863 King Street we have an existing structure that we can continue to use. Also, the fact there are many homeowners in that area discourage us from using that site. The homeowners might object to living near a police station. Trustee Daly questioned if Crawford Park would be something that we would have to purchase. Mr. Paniccia explained that they reviewed the will and determined that there may be a problem acquiring it from the Town. The will does mention specific municipal uses. We basically ruled it out on impact to the neighbors and cost. Bob Lombino, President of the Arbors Homeowners Association stated that there are 250 homes in the Arbors and was concerned about the impact that the Police cars would have. Also, he heard the possibility of making a municipal pool in that area where everyone in Rye Brook would be able to use the pool. Mr. Paniccia told Mr. Lombino that they have not considered making a municipal pool at the site. The pool will be used in the summer for the Village of Rye Brook day camp, Mr, Berman told Mr. Lombino that the Police cars would come on to the street and not come out through the Arbors. Trustee Zuckerman stated that before any facility is built on the site it would have to go through the normal site plan review. Basically the exact shape and dimension of a facility are not an issue the issue is whether to acquire the land itself. Larry Rand of Hillandale Road asked if they could review the financing assumptions including the rating agencies and the cost. 10 i May 24, 1994 00532) I Harry Krausman stated that the current financing charges for the bond is around 5.75 and will fluctuate depending on market conditions. Once we lock into a rate we can hold onto that rate for an extended period of time. Factored into our financial analysis I is a small bond anticipation note. We would borrow some of the money initially and pay a small interest charge during the time of the construction. Trustee Zuckerman stated that the person from the Arbors mentioned other possible uses, he said he believes the Committee is justifying the purchase of construction solely on financial grounds without regard to other possible uses to the site. Trustee Pellino questioned if the Committee discussed the ingress and egress to that site. He also questioned if any discussion has taken place with the Atrium on the proposition of utilization of the parking space. i Ken Berman said that until they purchase the property they have not discussed anything with the Atrium. He said he did call the president of the Blind Brook Board of Education to let their Board know what they were thinking of doing. There has been no I contact with the Atrium. Dan Pannicia wanted to point out that Gene Strum, the Chairman of the Planning Board is also a member of this Committee. We had the benefit of his knowledge as far as whether this site was appropriate. i Adriane Arback of Maywood Avenue stated that she prefers having the Police ;. Department and the Village meetings more assessable to the "Center of Town". At King Street it does not seem as strategically located. The Police are now in a high visibility area for the shopping. How feasible is it to put it at the other end of the Village? Dan Paniccia stated that the geographic location was one on the minor disadvantages, however it is closer to the center of the Village than our current offices. All of the downtown sites that we looked at had other disadvantages. This site on King Street is closer to the geographic center of the Village, as far as access. It would be a new building with a new parking lot, which would be more convenient. We met with all the staff people in the Village Administration to get their concerns and views and try to work that into our analysis. The Police Department has areas where their concerns need to be addressed. Mr. Paniccia also pointed out that the Police do not respond to emergencies from the office, they respond from their patrol sectors. Overall, the Committee felt recommending the site to be appropriate, Mr. Paniccia stated and added that they considered the land we already own on King Street which is the compost center. It would have to be built on raw land and the site is not equal as far as access. Jules Harris of Rockridge Drive asked if the actual number that is under consideration for acquisition has been singled out and if that is the number that is up for approval. Mr. Berman explained that the number is under negotiations at the moment. 11 May 24, 1994 005330 Mr. Harris stated that at best he could see if the Board chose to consider an okay to proceed with those negotiations but nothing can be done in a permanent manner until we decide what else is going to play out as for site plan development which may bring out additional unexpected expenses that could change such as timing and the total cost. Mr. Krausman stated that a total cost assumption including site acquisition, construction costs and a good conservative number of contingencies. The number that we have assigned for the acquisition of the property is currently under negotiation and that number is less than we projected for acquisition costs. We feel very comfortable that the construction cost is a very conservative number. Mr. Harris stated that it has been pointed out to him that there is a problem with the septic fields at that site. Mr. Paniccia stated that the Committee is already aware of that and Mr. Circosta investigated where the sewer location is which is 1,500 feet down Arbors Drive and we have included those costs in this estimate. Mayor Cresenzi thanked the Facilities Committee. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the public j hearing was closed at 9:00 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE ! TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. APPROVING SETTLEMENT OF VILLAGE OF RYE BROOK V HIGH POINT ESTATES INC, INDEX NO. 4386-1991 Mayor Cresenzi explained that this would allow the Village to remove and stop composting on the site near Hillandale on King Street and move the site back to High Point Hospital and would have a positive affect on the residents in the Hillandale area. seconded b Trustee Dal the following resolution On Motion made by Trustee Pelhno, s y y, g was hereby adopted: RESOLUTION APPROVING SETTLEMENT OF VILLAGE OF RYE BROOK V HIGH POINT ESTATES INC, INDEX NO. 4386-1991 12 May 24, 1994 005331 RESOLVED, that the Board of Trustees of the Village of Rye Brook approves the annexed Stipulation of Settlement of litigation entitled: Village of Rye Brook v High Point Estates, Inc.. Index No 4368-1991; and it is FURTHER RESOLVED, that the Mayor and/or special counsel Edward F. Beane Esq. is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. REFERRAL TO THE PLANNING BOARD K & M REALTY GROUP LTD j SITE PLAN APPLICATION/BOWMAN AVENUE SECTION 1, BLOCK 22, LOT 2B On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION REFERRAL TO THE PLANNING BOARD K & M REALTY GROUP LTD SITE PLAN APPLICATION BOWMAN AVENUE SECTION 1, BLOCK 22, LOT 2B RESOLVED, that the site plan application of K & M Realty Group Ltd dated May 16, 1994 is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the applicant shall contribute to the Village of Rye Brook the sum of $2,000.00 for environmental/consultant review of said application and such additional sums as may be required. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13 May 24, 1994 005332 8. AUTHORIZING SETTLEMENT OF TAX CERTIORARI LAWSUITS MAUSER REGO PARK ASSOCIATES V VILLAGE OF RYE BROOK INDEX NUMBERS - 06291-1992, 0692-1992, 06853-1993, 06492-1994, SECTION 1, BLOCK 23, LOTS 17, 18, 19 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AUTHORIZING SETTLEMENT OF TAX CERTIORARI SUITS MAUSER REGO PARK ASSOCIATES V VILLAGE OF RYE BROOK INDEX NUMBERS - 06291-1992, 0692.1992, 06853-19939 06492-1994, SECTION 1, BLOCK 23, LOTS 17, 18, 19 RESOLVED, that the Village of Rye Brook Board of Trustees approves the settlement of tax certiorari suits entitled; Mauser Rego Park Associates v Village of Rye Brook, Index Numbers 06291-1992, 0692-1992, 06853-1993, 06492-1994, providing for the following assessment reductions: E Section 1. Block 23, Lot 17 I Current Reduced Assessment Year Assessment Assessment Reduction 1992/1993 15,000 15,000 0 1993/1994 15,000 15,000 0 1994/1995 15,000 15,000 0 Section 1 Block 23, Lots 18 & 19 Current Reduced Assessment Year -Assessment Assessment Reduction 1992/1993 165,300 100,000 65,300 1993/1994 165,300 90,000 75,300 1994/1995 165,300 90,000 75,300 and it is FURTHER RESOLVED, that the tax refund payable by the Village of Rye Brook under the settlement for fiscal year 1992/1993 and 19931994 is approximately $ 13,092.29; and it is FURTHER RESOLVED, that the 1994/1995 assessed value reductions be reflected as a reduction in revenue from the June 1994 and February 1995 tax levy; and be it 14 May 24, 1994 0053119 FURTHER RESOLVED, that special counsel Mark S. Tulis, Esq., attorney for the Village of Rye Brook, is authorized to execute and deliver the stipulation of settlement on behalf of the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. APPROVING ACCEPTANCE OF DEED FROM MERRITT & HOLBY MEDICAL OFFICE BUILDING (SITE PLAN) On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPROVING ACCEPTANCE OF DEED FROM MERRITT & HOLBY MEDICAL OFFICE BUILDING (SITE PLAN) WHEREAS, as a condition of the site plan, approval for the Medical Office Building located at Rye Ridge Plaza 1 1/2 acres of property was required to be conveyed to the Village; and WHEREAS, Merritt and Holby have presented a deed for this property which contains certain provisions regarding a reverter in the event that the property is not used for parkland/recreation use. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board accepts the conveyance of 1 1/2 acres of land as set forth above and the deed in the form provided may be filed in the office of the County Clerk following execution thereof to the satisfaction of the Village Attorney. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15 May 24, 1994 10. BUDGET MODIFICATION 00591 JUDGEMENT AND CLAIMS On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION I BUDGET MODIFICATION JUDGEMENT & CLAIMS RESOLVED, that the following budget modification by hereby approved: FROM TO AMOUNT 8120.403 1930.439 $33,336.71 (Sewer District) (Judgement & Claims) 9010.428 1930.439 $37,000.00 (State Retirement) (Judgement & Claims) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. BUDGET MODIFICATION VILLAGE ATTORNEY i On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION BUDGET MODIFICATION VILLAGE ATTORNEY RESOLVED, that the following budget modification by hereby approved: FROM TO AMOUNT 101.5182.402 101.1420.458 $30,000 (Lighting District) (Village Attorney- Supplemental Services) 4 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 16 I May 24, 1994 ., 12. EXTENDING MESSINA SUBDIVISION APPROVAL On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION j EXTENDING MESSINA SUBDIVISION APPROVAL i WHEREAS, by letter dated May 9, 1994 Milton Berner Esq. requested an extension of time on the Messina Subdivision approval. NOW, THEREFORE, BE IT RESOLVED, that the final subdivision approval for the Messina Subdivision is extended until September 14, 1994. I TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi stated that he needed to discuss the payment to Marathon Orbit for in Executive Session as this is contractual and could end up in litigation. The Village Attorney and Board agreed. 13. 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 $13,682.25 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 17 May 24, 1994 1318 j 14. APPROVING PAYMENT FOR H.V.A.C. 1051 CONTRACT #9305 ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION i APPROVING PAYMENT FOR H.V.A.C. CONTRACT #9305 ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that payment in the amount of $7,790.00 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. I TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE i TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15. AUTHORIZING FUNDS FROM THE RECREATION i TRUST & AGENCY ACCOUNT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: i RESOLUTION AUTHORIZING FUNDS FROM THE RECREATION TRUST AND AGENCY ACCOUNT RESOLVED, that the amount of $2,500 be transferred from the Recreational Trust Fund to Account number 5110.199 (Highway-Temp Help) to retain the services of Joseph Gasperino for the Anthony J. Posillipo Community Center. i TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi directed Administrator Christopher Russo, Ass't Administrator Lori DeMarco and Director of Public Works Rocco Circosta to have available for one of the June meetings a list of what is left to be done inside and outside and what the projected time frame for completion. 18 May 24, 1994 005319 i Mayor Cresenzi added that a Sneak Preview Open House was held on Saturday, May'21, 1994 and the facility looked super but there are punchlist items that are not completed yet and we would like to have an update as to when we will have final completion. 19. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION I 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: 8952-9042 Payroll Checks: 12965-13064 Manual Checks: 8608, 8801, 8802, 8803, 8804 8907, 8908, 8909 Environmental: 423 & 424 Recreational Trust: NONE Capital: 2141-2146 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES 20. NOVEMBER 23, 1993 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the minutes of November 23, 1993 were approved. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 19 May 24, 1994 WRITTEN COMMUNICATION 005320 21. MONROE YALE MANN RE: RYE BROOK-HUMANE SOCIETY Administrator Russo read the letter which stated that the Humane Society was willing to go along with no increase for 1994 but requested a three year contract with an increase of 5% in 1995 and 5% in 1996. Mr. Mann also requested that the provision in paragraph 8 be eliminated regarding the thirty day termination without cause clause. Trustee Daly questioned if the services that they are providing are sufficient. Administrator Russo stated that we have had no problems with them and they come when they are needed. The signing in has also been working out very well. Trustee Pellino questioned if there was any way to enter into a inter-municipal agreement to bring the cost of this service down. Administrator Russo replied that he did not know of any other way to provide these services to Rye Brook for less money. Mayor Cresenzi directed Administrator Russo to obtain a copy of the contract from Mr. Mann and put this item on for discussion at the June 28, 1994 Board meeting. 22. BYRAM RIDGE REZONING PETITIONS I Administrator Russo read the petition into the record. i Trustee Daly pointed out that the 21 signatures on this petition are from residents on King Street and Loch Lane. I Trustee Zuckerman stated that it is his understanding that there were other petitions being circulated that should have been filed along with this one, Vincent Repaci of Woodland Drive stated that he owns an acre and a half of land and this rezoning will hurt him. He has been paying taxes for 33 years and if he currently has enough acreage to build another house someday he would like to be able to have the opportunity to do so. He added that all of the residents that signed this petition own one lot of land, Mayor Cresenzi stated that Frederick P. Clark Associates is doing a review of the area. Mr. Repaci stated that at the meeting prior to this one, Mr. Gissen informed the Board that it did not pay to go any further so Mr. Repaci questioned why we are going for more money. 20 May 24, 1994 005321 Mayor Cresenzi stated that Mr. Gissen is completing a map that he was directed to do a while ago. Tonight we are only formally accepting the petition from the residents. Mr. Repaci stated that he just wanted the Board to know that he was very much against any changes to the zoning in that area. NEXT MEETING DATES TUESDAY, JUNE 14, 1994 7:00 P.M. - BOARD OF POLICE COMMISSIONERS 7:30 P.M. - AGENDA MEETING TUESDAY, JUNE 28, 1994 7:30 P.M. - REGULAR MEETING i i ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the Board adjourned into Executive Session at 9:25 p.m. to discuss the resolution approving payment to Marathon Orbit for General Construction of the Anthony J. Posillipo j Community Center. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE i CONVENE MEETING The Board returned from Executive Session at 10:00 p.m. and approved the following resolution: On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: 23. APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLUTION APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER 21 i May 24, 1994 005322 RESOLVED, that payment in the amount of $53,289.40 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 i ADJOURNMENT Mayor Cresenzi adjourned the meeting at 10:05 p.m. Respectfully submitted, i Eliza eth Bottali Secretary to Village Board I 22