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Home My WebLink About1994-06-14 - Board of Trustees Meeting Minutes AGENDA I VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING JUNE 14, 1994 r 7:00 P.M. I i BOARD OF POLICE COMMISSIONERS 1. USE OF VEHICLES BY AUXILIARY POLICE 2. USE OF POLICE DEPARTMENT LOG SIGN IN/OUT j 3. APPRAISAL OF CANDIDATES FOR LIEUTENANT POSITION 7:30 P.M. ' PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 4. 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 RESOLUTIONS 5. ADOPTION OF NEGATIVE DECLARATION LOCAL LAW #7-1994 A LOCAL LAW TO IMPLEMENT THE HAWTHORNE AVENUE ZONING STUDY 6. ADOPTION OF LOCAL LAW #7-1994 A LOCAL LAW TO IMPLEMENT THE HAWTHORNE AVENUE i 7. ADOPTION OF NEGATIVE DECLARATION PURCHASE OF PROPERTY LOCATED AT 938 KING STREET SECTION 1, BLOCK 6, LOT 9 i 8. AUTHORIZING THE ISSUANCE OF $399500 CAPITAL NOTES AND $750,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF LAND AND BUILDINGS ON KING STREET IN THE VILLAGE OF RYE BROOK PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK 9. AUTHORIZING PURCHASE OF PROPERTY LOCATED AT 938 KING STREET SECTION 1, BLOCK 6, LOT 9 10. ADOPTING 5EQR FINDING FOR PURCHASE OF BACKHOE - TYPE II ACTION 11. AUTHORIZING THE ISSUANCE OF $40,268 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A FOUR WHEEL DRIVE VEHICLE j WITH BACKHOE EQUIPMENT PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK i . 12. AWARDING ANTHONY J. POSILLIPO COMMUNITY CENTER FURNITURE CONTRACT #9401 TO MARYLAND OFFICER INTERIORS, INC. I 13. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND I i 14. CHECK REGISTER DISCUSSION j15. WETLANDS LAW COMMENTS 16. CODIFICATION OF ZONING CODE 17. ENTERING INTO AGREEMENT WITH COLIMORE-CLARKE ASSOCIATED, INC. CONSTRUCTION PHASE SERVICES A.J.P. COMMUNITY CENTER WRITTEN COMMUNICATION 18. NEIL J. PAGANO YMCA OF CENTRAL AND NORTHERN WESTCHESTER RE: REQUEST FOR FUNDING SUPPORT 19. WILLIAM J. WALSH, JR., M.D. CO CHAIR, WESTCHESTER TRIATHALON COMMITTEE RE: 12TH ANNUAL WESTCHESTER TRIATHALON 20. JOSEPH DESANTIS, SR., GENERAL CHAIRMAN COLUMBUS DAY CELEBRATION COMMITTEE RE: ANNUAL PARADE 21. JOSEPH DESANTIS, SR., GENERAL CHAIRMAN COLUMBUS DAY CELEBRATION COMMITTEE RE: FUNDING REQUEST 22. DOMINIC CARLUCCI, JR. 94 GRANT STREET RE: NON-COMPLIANCE WITH STOP SIGN WEST STREET/GRANT STREET ITEMS FOR JUNE 28, 1994 i i PUBLIC HEARING 1. CONTINUATION OF OPEN SPACE EASEMENT j FOR THE BLIND BROOK CLUB PROPERTY i 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 3. ANTHONY J. POSILLIPO COMMUNITY CENTER STATUS REPORT RESOLUTION 4. DESIGNATING SUMMER MEETING SCHEDULE BOARD OF TRUSTEES APPROVAL OF MINUTES i 5. DECEMBER 23, 1993 6. JANUARY 11, 1994 7. JANUARY 25, 1994 8. FEBRUARY 9, 1994 9. FEBRUARY 22, 1994 10. MARCH 8, 1994 11. MARCH 22, 1994 12. MARCH 29, 1994 13. APRIL 49 1994 WRITTEN COMMUNICATION 14. MONROE YALE MANN RE: RYE BROOK HUMANE SOCIETY REPORT 15. PACE MANAGEMENT STUDY i 0,05333 j MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES I VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JUNE 14, 1994 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Daly Trustee Joseph Pellino Trustee Gary J. Zuckerman i Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney y Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to the Village Board Thomas Gissen, Frederick P. Clark Associates j Trustee Randy A. Solomon and Village Treasurer, Joseph Cortese were not in attendance at this meeting. III r 1 i June 14, 1994 005334 Mayor Cresenzi stated that items #1 and 2 which relate to Police, Personnel and Litigation Matters will be discussed in an Executive Session at 9:55 p.m. He added that the Board will be deviating from its agenda this evening and items #3 and 4 will be dealt with at the end of the regular agenda. RESOLUTIONS I 5. ADOPTION OF NEGATIVE DECLARATION LOCAL LAW #7-1994 A LOCAL LAW TO IMPLEMENT THE HAWTHORNE AVENUE ZONING STUDY i Howard Lowentheil, owner of the property at 6 Hawthorne Avenue stated that he was opposed to this proposed rezoning because he feels that it is spot zoning aimed at his property. Such rezoning will materially reduce the value of his land and make it ` worthless. The proposed rezoning creates untold violations with many of the existing I homes on Hawthorne Avenue. 14 Attorney Powell stated that this matter is pending in litigation therefore, it is not { appropriate to respond in public. i On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ADOPTING NEGATIVE ENVIRONMENTAL DECLARATION LOCAL LAW INTRODUCTORY #7-1994 HAWTHORNE AVENUE i RESOLVED, that the Board of Trustees hereby adopts the accompanying negative environmental declaration for Local Law Introductory #7-1994 implementing the Hawthorne Avenue Study. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. ADOPTION OF LOCAL LAW #7-1994 A LOCAL LAW TO IMPLEMENT THE HAWTHORNE AVENUE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: 2 June 14, 1994 �. RESOLUTION ADOPTING LOCAL LAW INTRODUCTORY #7-1994 IMPLEMENTING THE HAWTHORNE AVENUE STUDY RESOLVED, that Local Law Introductory #7-1994 is hereby enacted into law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. ADOPTION OF NEGATIVE DECLARATION PURCHASE OF PROPERTY LOCATED AT 938 KING STREET SECTION 1, BLOCK 6, LOT 9 r 8. AUTHORIZING THE ISSUANCE OF $39,500 CAPITAL NOTES AND $750,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF LAND AND BUILDINGS ON KING STREET IN THE VILLAGE OF RYE BROOK f PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK 9. AUTHORIZING PURCHASE OF PROPERTY LOCATED AT 938 KING STREET SECTION 1, BLOCK 6, LOT 9 i Administrator Russo explained that Item #7, #8 and #9 are not ready to be voted on this evening so they will be put over to the June 28, 1994 meeting. Trustee Zuckerman stated that the number of the property known as the Elks Club is incorrect, it is not 938 so until this is resolved, we should leave the number blank. Bickford Henchy of the Arbors stated that there are many residents of the Arbors who are concerned with the fact that the property has some deficiencies. It will create a large amount of traffic. It is a blind drive coming south on King Street. The Board has made the assumption that they will be allowed egress from the parking lot at the Atrium, but this may not even happen. The owner and the tenants would have to approve it and the Arbors owns the driveway and they have already refused access to that. The Arbors, on the other hand owns the property that would make it possible to build on the property that the Village already owns. He asked that the Board take a look at this other property that they currently own and see if that may be a better location than the Elks Club property. The fact that no one is here is an indication that no one knows that this project is being rushed through. 3 June 14, 1994 005336 i Mayor Cresenzi stated that the Board is not trying to rush anything through. A business deal is pending and the owner would like to sell the land and the Village would like to purchase it. The problem with the land that we currently own is that the access to the property is on a curve that exists and without obtaining the property from the Arbors that is adjoining to it, it would be very difficult and dangerous to have that be a major access. The traffic generated will not be significant at all and the access onto King Street jwill be adequate assuming some modifications to the entrance and exit on King Street but if the Village wanted the access to Arbor Drive and wanted the access through the rear property and if that became a major concern, we could condemn the land and then pay market value for it but we would not be denied access to it if the Board wanted the i access. Mr. Henchey stated that he does not think the Board made its case and added that he does not think that the Village should purchase this property. i i Trustee Zuckerman stated that Mr. Henchey could speak to Mr. Paniccia of the Facilities Committee tonight, but the appropriate time would be at the June 28, 1994 regular board meeting, when it will be listed on the agenda. 10. ADOPTING SEQR FINDING FOR PURCHASE OF BACKHOE - TYPE II ACTION i On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION ADOPTING SEQR FINDING FOR PURCHASE OF BACKHOE - TYPE II ACTION i RESOLVED, that the Board of Trustees finds that the purchase of a backhoe is a Type II action under the State Environmental Quality Review Act. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. AUTHORIZING THE ISSUANCE OF $409268 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A FOUR WHEEL DRIVE VEHICLE WITH BACKHOE EQUIPMENT PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK Trustee Zuckerman pointed out that this is pursuant to a decision that we made during the budgetary process to bond a certain amount of our capital equipment rather than paying ansillary funds. 4 June 14, 1994 _ 00533 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AUTHORIZING THE ISSUANCe�QV$40,268 SERIAL BONDS OF THE VILLAGE OF RYE BROOK_TO FINANCE THE ACQUISITION OF A FOUR WHEEL DRIVE VEHICLE WITH BACKHOE EQUIPMENT PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial bonds in the aggregate principal amount of $40,268 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. r Section 2. The specific object of purpose (hereinafter referred to as "purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1994: the acquisition of a four-wheel drive vehicle with back hoe equipment for use by the Highway Department. j Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $40,268 and that it plans to finance such cost by the issuance of Serial Bonds in such amount as authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines: a. That the purpose for which said bonds are to be issued is set forth in subdivision 28 of paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is five (5) years; b. The proposed maturity of the Serial Bonds hereby authorized is not in excess of five (5) years; and I C. No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specifically benefitted thereby. I i 5 June 14, 1994 005338 Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Section 30.00, 50.00 and 56.00 to 60.00 inclusive, i of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer if hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and j the Village Clerk may be a facsimile signature provided that such bonds of bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such publication shall be in the Daily Item and the Westmore News, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial bonds or of any bond anticipation notes issued in anticipation of i the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or is said obligations are authorized in violation of the provisions of the constitution of the State of New York. Section 7. This resolution shall take effect immediately. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12. AWARDING ANTHONY J. POSILLIPO COMMUNITY CENTER FURNITURE CONTRACT #9401 TO MARYLAND OFFICER INTERIORS, INC. Trustee Daly questioned how this furniture was chosen. 6 i June 14, 1994 005339 i Lori Ann DeMarco, Ass't to Village Administrator explained that the Village enlisted the services of Colimore-Clark Associates for Interior Design Services who provided the Village with a variety of options for every piece of furniture and equipment that we wanted to have in the new center. The choices were sent to the Village and we made the decision based on their information. Administrator Russo added that the decisions were not based on manufacturers but on what met the needs and they happen to be eight different manufacturers. On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted; RESOLUTION AWARDING ANTHONY J. POSILLIPO COMMUNITY CENTER FURNITURE CONTRACT #9401 TO MARYLAND OFFICE INTERIORS, INC. WHEREAS, the Village of Rye Brook advertised for bids for furniture for the Anthony J. Posillipo Community Center; and WHEREAS, bid documents were sent to five companies, and two bids were received, one a bid from Summit Office Supply of Westchester on 5 of the 25 items of furniture and the second from Maryland Office Interiors Inc on all items; and WHEREAS, the bid invitation permits the Village to award the contract as a whole or by ' item; and I WHEREAS, as to all of the items Maryland Office Interiors Inc. submitted the lowest bid. NOW, THEREFORE, BE IT RESOLVED, that Contract #9401 (with option #2) is awarded to Maryland Office Interiors Inc. for the total sum of $59,132.00; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary orappropriate ro riate to accomplish the purposes of this resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7 June 14, 1994 005340 13. 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 RESOLVED, that the following donations are hereby accepted: ANTHONY i POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND NAME AMOUNT Emma Donnelly $50.00 95 B Avon Circle Jim & Ann Gargan $50.00 40 South Ridge Street Dr. & Mrs. Frank R. Hopf $25.00 42 Rockinghorse Trail Joseph & Helen Perrotti $25.00 38 Rock Ridge Drive Total of this resolution................................$150.00 i TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: 8 June 14, 1994 005341 On Line Checks: 9044-9121 (93-94) Pre Paid: 8910-8917 (93-94) On Line Checks: 9123-9147 (94-95) Payroll Checks: 13067-13168 Environmental: 423 & 424 j Recreational Trust: 425 & 426 Capital: 2148-2151 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 ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 15. WETLANDS LAW COMMENTS i Mayor Cresenzi stated that the next item is for general discussion on the Wetlands Law. He asked Mrs. Sherlock if she had any comments and added that John Meyer, from ! John Meyer Consulting, a hired representative of the K & M Realty project on Bowman Avenue, was in attendance and wanted to comment on the law. Mrs. Sherlock stated that she and the Council were very grateful to Attorney Powell for getting the law into proper form so quickly. She requested if the Board would be kind enough to give as much time to this law in getting it adopted. The majority of municipalities in Westchester County do have laws protecting their wetlands. We need to complete our EAR Mayor Cresenzi questioned where and how the 100 foot buffer came about. Mrs. Sherlock stated that the 100 foot number comes from the County and State and is the number often used. Mayor Cresenzi stated that if you assumed that the average lot in the Village is 150 feet deep and the vast majority of wetlands property are privately owned and you have a 100 foot setback from a wetland and you have a forty foot frontyard setback to the beginning of the house, somewhere in the middle of the house then becomes the edge of where this buffer area would kick in and it seems impractical 9 i June 14, 1994 005343 Mr. Gissen stated that he would have Mr. Donovan get back to the board with a response to that, however the feeling is that the law is not prohibitive and does not prevent you from building that house. Mayor Cresenzi stated that the Board of Trustees is the hearing body of these appeals jand virtually every home that abuts the wetlands area, if wanting to add a deck would be j required to obtain a permit and go through the normal hearing process and administrative paperwork that it might create could be horrendous. j Trustee Pellino stated that there is a process that does allow you relief of the 100 feet if it is so determined that the 100 feet was unreasonable under the circumstances. Mrs. Sherlock stated that for certain things, the 100 foot can be adjusted. Mayor Cresenzi stated that if a site the size of High Point Hospital were to be developed if would be worth it, but for the sites on Loch Lane where there is currently a stream running through the back and you use the 100 foot number, it would create too much non-conformity. Trustee Zuckerman stated that we should establish the wetlands map that is called for in the law to see what we are really talking about. Mrs. Sherlock stated that a map takes time because wetlands come and go. According to many other municipalities, the important thing is to have is the law in place to protect them. Trustee Zuckerman agreed but stated that we really need a map to identify the entire village. Trustee Pellino stated that he thinks there may be a map identifying specific wetland areas in the Village of Rye Brook or at the County Office Building. Mrs, Sherlock stated that Mr. Circosta may know about that because a few months ago, she received a map that showed some of the wetlands and a new map was going to be forthcoming from the County. Trustee Zuckerman suggested we check with the State DEC to see if they have developed maps. Also, there seems to be no appellate authority other than going to court for the denial of a permit. Trustee Pellino questioned if it were possible for this law to be made part of the zoning code. Attorney Powell stated that it would be more beneficial to be a local law. Trustee Zuckerman stated that we need to get the maps and develop an approval mechanism first. 10 i June 14, 1994 005343 Trustee Daly stated that we should not hold up the law in lieu of the maps being completed. t jMrs. Sherlock questioned if Mr. Circosta had any maps available in his office i Mr. Circosta replied that he has various maps such as D.E.C. Maps but he does not have the County Map that Trustee Pellino referenced. It would be good to have a map from the County because it would be more defined. Mrs, Sherlock stated that she would contact Jim Donovan tomorrow. Trustee Pellino questioned if we should have the County or DEC review this draft law. i Attorney Powell stated that it is based on the County model already. Trustee Pellino stated that as we are going through the process of adopting this law, which is a very good draft, we should move forward with the law, and also look into obtaining the maps. Mayor Cresenzi stated that according to the ordinance that there is a regulatory phase but if the 100 foot buffer will make almost every application that comes in require a hearing, perhaps we should forget about it. Mrs. Sherlock stated that for the situations where the buffer is necessary, it is worth the effort and for the cases that do not relate to a 100 foot buffer, the Board is the approval authority. Mayor Cresenzi stated that he was very uncomfortable with the 100 foot buffer. Mrs. Sherlock stated that she would speak to the Counsel members and offered their assistance in the EAF. Mr. Meyer, representative of K & M Realty stated his opinions that there are real set of standards here and suppose a homeowner came to the Village Board, there are no rules that tell you whether or not a deck would be permitted, It could take six to eight months depending upon the complexity of the particular proposal by the time the consultant prepares the plans, maps the wetlands, shows the 100 foot buffer in the survey. We need to understand what is required and what is involved and how you do it, We need to determine where the wetlands are. The NYS DEC only shows wetlands in excess of 12.4 acres so anything smaller, the applicant would have to go through the expense of doing. In New Castle, they had to hire a full time officer to make inspections and determine whether or not you are within the 100 feet and if you are you have to file an application. You have to protect Wetlands but it seems like this law if very detailed and sort of like an elephant stepping on a fly and seems to be an overkill. My clients project will provide access to the existing waterway and the area and to open up the pond with a terrace overlooking the wetland area on Bowman Avenue but with this law, all you can fit in there would be a hot dog stand. 11 June 14, 1994 00534 Trustee Pellino stated that we must take the point of view that overkill is better than underkill and if it too restrictive, we can always back off at a later date by modifying it and if we are under restricted we can lose a nice wetland property in the Village. From a municipal point of view, overkill is not so bad in this instance. Mayor Cresenzi stated that a map would show us where the wetlands are, but two members here tonight feel that it would delay the process too much. He questioned if Mr. Gissen could come up with a number of how many properties this is going to affect. The zoning or tax maps should have this information available to us and give us an idea of how many properties in the Village we are going to effect by enacting this law with the 100 foot buffer. Mr. Gissen stated that those maps, are generalized maps and are done from aerial photography and contours and certain properties may or may not show up. Mayor Cresenzi stated that the maps should show if there is a stream and that will let us guess that a wetland is there. Mr. Gissen stated that Mr. Donovan could answer more of these questioned and he would see that he responds to all of these concerns. I Mayor Cresenzi stated that for 1 acre lots, the 100 foot buffer will start right in the center of someone's dwelling and that makes no sense at all. Trustee Zuckerman stated that we need to address the ease with which that applicant will get the permit. This is a great law and the committee did a great job in putting this together. We don't want to treat the installation of a deck or a swingset the same way your would treat 5 or 6 houses on a subdivision. You don't want the application process to be the same. We need to fine tune many of these sections. i Mr. Gissen agreed. Trustee Pellino stated that we should tighten up what we mean by the 100 foot buffer area. Trustee Zuckerman stated that we need to refine many of the items in the proposed law. Mrs. Sherlock questioned what steps must be taken by the Counsel or the Board of Trustees prior to the public hearing. Attorney Powell stated that the first thing is for the Board to be generally satisfied with the draft and then the development of an Environmental Assessment Form must occur the SEQR Review must be done to see what process will be necessary. That should and Q p rY take place prior to the public hearing. The draft should be generally satisfactory to the Board rather than changing it at a public hearing, There were a few comments which had to do with the scope of the wetlands buffer and whether it truly was 100 feet from the actual wetlands. 12 June 14, 1994 005345 I Attorney Powell stated that the language currently reads that it is minimally 100 feet from the wetlands but there are times when it can be extended to a greater area depending on particular circumstances for example if you have wetlands coming together and if you have little gaps in between them, you can treat those gaps as a wetland as well even though they are not 100 feet from a wetlands itself. Also any map that is prepared is only a guide because the wetland is defined by a presence of a particular type of a soil which is a hydric soil or a wetlands vegetation which may not be included on the map. If they are not on the map and they exist, they are still wetlands and are subject to regulation, so it is constantly subject to definition on a parcel by parcel basis. Trustee Zuckerman questioned how we would know for sure a resident was telling the truth that there was no wetland. Mr. Gissen stated that if there is a reason to believe that a site may need to be looked at that would be the basis for reviewing the site. You don't have to have an environmentalist look at every site, you look for red flags and when you look at it, it then becomes a matter of determining how large it is and what the boundaries are because wetlands are not that secretive, I Attorney Powell pointed out a series of provisions that the Board would need to discuss and make decisions which related to the appeals procedure, public hearing and notices. Trustee Zuckerman suggested that the Board, Village Attorney, Village Planner and Environmental Conservation Counsel should go through the law section by section at a series of worksessions. Trustee Daly stated that by doing that, it would be taking a step backwards. We asked the Counsel to do that already so we should just give our comments to Mr. Donovan to make the necessary changes. I don't think we should tear it apart. Mayor Cresenzi stated that we would not tear it apart, only go through it and comment and suggest changes. Trustee Daly stated that this would take months because the Board will not be able to get together as much in the Summer. Trustee Zuckerman stated that all the Board members do not have to be present at every worksession. We need to discuss our difference of opinions and resolve them. Mrs. Sherlock stated that the draft that the Counsel presented two months ago was based on the County of Westchester's expert ordinance. After the Counsel reviewed the law, they had the services of Frederick P. Clark Associates, to whom we pay a very fine fee for a very fine job and tonight I am hearing that this seems to cover nothing that is of importance to the Board. I don't understand what the Board is asking. Do we think that we can improve on the language of the County and Frederick P. Clark. Who are the consultants and experts. 13 i June 14, 1994 005346 i Mayor Cresenzi stated that the 100 foot buffer could be a problem. Mrs. Sherlock stated that the buffer is only one problem, it seems that the other Board member with to go through the entire law page by page. The Village Attorney read the law and he did not pick up some of these items that are being discussed tonight. Mayor Cresenzi stated that the Counsel used the Model County Ordinance which deals with Eastchester to Somers and it is county wide, not Rye Brook specific. We must adjust this model ordinance and make it Rye Brook specific to minimize the impacts on the residents. How can we pass a law when we don't know who it is going to affect and burden. Trustee Daly stated that we are getting too particular here. I Mayor Cresenzi stated that if the number was 110 feet, his front steps would be the beginning of the boundary line, plus his entire house and entire rearyard, which does not make any sense. Give me a number that is realistic for Rye Brook. Trustee Pellino suggested that we should adjust the number or clear up the language on what we mean by the 100 feet. Would the local authority have the capability based on the circumstances on the criteria on the permit decisions to back off on the 100 feet. We need to agree on a number, which is not a major issue and we need to get the information that we need. Mayor Cresenzi stated that it seems that Sissy has a problem because we are raising questions about the ordinance and raising questions about sewerlines and easements and 100 foot buffers. Mrs. Sherlock stated that she has a problem with having workshops to go over this article by article when the Village Attorney already did that. Attorney Powell explained that the law, as it adopted is fundamentally a policy decision for the Board. The legal review is really more technical in nature. Trustee Zuckerman stated it is a fine law that needs adjustments. We need to get this law on the books as soon as possible, but it must be the best law that we can adopt. There are many things that we can come up with and address by going through this together. For example there is something in the law regarding hunting which is not even permitted in Rye Brook. Mrs. Sherlock questioned if the Board members could pass their comments on to Frederick P, Clark Associates so they can be reviewed and at the next presentation all of the items can be addressed. The Board agreed. 14 00534Y i June 14, 1994 Mr. Meyers patronized the Board and Council by stating that he felt the intent of the j ordinance is excellent but if you look at page 12 regarding the information that must be submitted by an applicant it can be really onerous, He quoted various areas of the law. He pointed out that most laws are written so that you can apply for a permit both within the wetland and the buffer. Trustee Daly pointed out that everyone present has the law already in front of them. i Mr. Meyers stated that this is sort of a specification that says this is what we would like to achieve but there is no means of determining whether the particular application achieves that. Mr. Konigsberg, also from K & M Realty, stated that since he is already in the middle of a site plan approval process and stated that in his opinion, it seems that this is being rushed because of that. He already agreed to look at the intent of this ordinance in what we do. We have spent much money and time in trying to develop the area while taking into account the Blind Brook. He questioned where he fits into the site plan review. Will he have to go back to a whole 9 month process again if the law is not adopted. t Trustee Zuckerman sympathized with Mr. Konigsberg and stated that there needs to be some type of grandfathering but in terms of a project his size, this is appropriate, where it might not be appropriate for the homeowner putting a 200 square foot deck on his property. I Trustee Daly stated that we will not rush this law because of a pending project. Mr. Konigsberg stated his opinion, that the Board, is, to some extent, doing this because of the fact that his project is on the table. Trustee Pellino stated that he was the one to propose this in February of 1993, The Zoning Code Update Committee reviewed this and decided they were not qualified to handle it so we turned it over to the newly formed Environmental Conservation Counsel. This is only being rushed along because we feel it is necessary for Rye Brook to protect its wetlands. Mrs. Sherlock stated that item 15 was for discussion on the Wetlands Law. I wouldn't like to think that anyone would be prejudiced by someone who is going to develop a piece of property and if I knew that this was going to go on, I would have had more counsel members present. Mayor Cresenzi stated that this has to do with the way he runs the meeting and the current policy will have to be changed because he tries to give everyone the right to speak and be very patient and listen but the meetings just go off and form a life of their own, At the next meeting it will be far more structured both by the Board and the speaking rights of the residents. 15 June 14, 1994 005348 i Mayor Cresenzi added that the Board just spent a large amount of time on a very important issue, but the intent was to expedite the process in the long run because we have run into changes in local laws during the public hearing process but on the advise of counsel we changed he intent of the law by making changes and going through a process i of re-advertising everything and prolonging the process. He requested that this discussion be closed for now the regular agenda be addressed. i Mrs. Sherlock stated that she was sure that when the Mayor allowed residents to speak they will appreciate his graciousness, i Mayor Cresenzi stated that what he was trying to do was let everyone have their input but that is becoming a problem. Mrs. Sherlock thanked the Mayor. 16. CODIFICATION OF ZONING CODE i ! Administrator Russo informed the Board that the computerized version of the Zoning Code has been at the Building Department counter for a few weeks now. 17. ENTERING INTO AGREEMENT WITH COLIMORE-CLARKE ASSOCIATED, INC. CONSTRUCTION PHASE SERVICES A.J.P. COMMUNITY CENTER Administrator Russo explained that this was in reference to Douglas Gallow's agreement which Attorney Powell has reviewed. There were two sections that seemed to be a problem for the Village and they asked Attorney Powell to relay to the Board what his opinion was. Attorney Powell stated that he feels that it is inappropriate to defend and indemnify the architect for any costs, damage or expense arising out of the design, construction or use of the center because that is what the architect has insurance for. There are many problems with this agreement. There is also a provision regarding mediation or arbitration where the Village will be required to go to an arbitration panel which will operate under the Maryland rules of procedure so I assume it will be in Maryland, Attorney Powell stated and this provision is to be included in all of the contracts for the Anthony J. Posillipo Community Center which is not possible because they have been read so there are many problems with this agreement. He stated that he would prefer, legally, that the Village continue to pay the architect on a claim by claim basis. Mayor Cresenzi and the rest of the Board agreed with Attorney Powell. 16 June 14, 1994 WRITTEN COMMUNICATION 18. NEIL J. PAGANO YMCA OF CENTRAL AND NORTHERN WESTCHESTER RE: REQUEST FOR FUNDING SUPPORT Administrator Russo read the letter and suggested that the Village support the cause, but stated that it is inappropriate to donate money to the cause. The Board agreed. 19. WILLIAM J. WALSH, JR., M.D. CO CHAIR, WESTCHESTER TRIATHALON COMMITTEE RE: 12TH ANNUAL WESTCHESTER TRIATHALON Administrator Russo read the letter requesting permission to hold the 12th Annual Westchester Triathalon on a portion of King Street. Mayor Cresenzi stated that the Chief of Police has a copy of this and it is only notification that there will be bikers on the road. They are not requesting that any roads be closed so they can have permission. 20. JOSEPH DESANTIS, SR., GENERAL CHAIRMAN i COLUMBUS DAY CELEBRATION COMMITTEE RE: ANNUAL PARADE Administrator Russo read the letter requesting that the Columbus Day Parade be staged E on the corner of Hawthorne Avenue. Mayor Cresenzi and the Board agreed to allow the staging of the parade on Hawthorne i Avenue. 21. JOSEPH DESANTIS, SR., GENERAL CHAIRMAN COLUMBUS DAY CELEBRATION COMMITTEE RE: FUNDING REQUEST Administrator Russo read the letter requesting that the Village of Rye Brook increase their contribution from $250 to $500. He added that the Village gave a substantial increase last year of $100 to $250. The Board agreed not to increase their donation to the Columbus Day Celebration Committee this year. 17 June 14, 1994 005350 22. DOMINIC CARLUCCI, JR. 94 GRANT STREET RE: NON-COMPLIANCE WITH STOP SIGN WEST STREET/GRANT STREET i Administrator Russo read a letter from a resident complaining of motorists not stopping at a stop sign on Grant Street and asked that something be done about the situation such as a larger stop sign. Chief Santoro stated that the stop sign that is currently there complies and is marked properly. One minor problem is that residents are allowed to park very close to the sign, however we have had no accidents reported in that area. ITEMS FOR .LUNE 28, 199 PUBLIC HEARING 1. CONTINUATION OF OPEN SPACE EASEMENT FOR THE BLIND BROOK CLUB PROPERTY DISCUSSION j 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 3. ANTHONY J. POSILLIPO COMMUNITY CENTER STATUS REPORT RESOLUTION 4. DESIGNATING SUMMER MEETING SCHEDULE BOARD OF TRUSTEES 5. ADOPTION OF NEGATIVE DECLARATION PURCHASE OF PROPERTY LOCATED AT 938 KING STREET SECTION 1, BLOCK 6, LOT 9 6. AUTHORIZING THE ISSUANCE OF $39,500 CAPITAL NOTES AND $750,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF LAND AND BUILDINGS ON KING STREET IN THE VILLAGE OF RYE BROOK PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK 7. AUTHORIZING PURCHASE OF PROPERTY LOCATED AT 938 KING STREET SECTION 1, BLOCK 6, LOT 9 18 i June 14, 1994 OV519 5.1 APPROVAL OF MINUTES S. DECEMBER 23, 1993 9. JANUARY 11, 1994 10. JANUARY 25, 1994 11. FEBRUARY 9, 1994 12. FEBRUARY 22, 1994 13. MARCH S, 1994 14. MARCH 22, 1994 15. MARCH 29, 1994 I 16. APRIL 4, 1994 WRITTEN COMMUNICATION 17. MONROE YALE MANN 4 RE: RYE BROOK HUMANE SOCIETY DISCUSSION Kip Konigsberg of K & M Realty stated that last Thursday night when he appeared before the Planning Board they passed a resolution requesting that the Village Board of j Trustees declare themselves lead agency and circulate the notice of intent as such. Attorney Powell stated that he has prepared a draft resolution authorizing the circulation of the SEQR notice under which the Board would inform other involved agencies of its intent to serve as lead agency and there is a thirty day period and the quicker it is done the better. Attorney Powell distributed a copy of the resolution to the Board. Along with the notice of intent, a Long Form EAF will also be circulated to the involved agencies. On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION I CIRCULATING LEAD AGENCY NOTICE OF INTENT UNDER SEQR K & M REALTY SITE PLAN APPLICATION 19 June 14, 1994 RESOLVED, that the Board of Trustee authorizes the circulation of a Lead Agency SEQR Notice for the K & M Realty Site Plan Application under which the Village of Rye Brook Board of Trustees would inform involved agencies that it is the intention of the Village of Rye Brook to serve as Lead Agency. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE PUBLIC HEARING 4. 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 Mayor Cresenzi opened the public hearing at 9:40 p.m. Trustee Pellino stated that at the previous meeting there were a few items that needed to be resolved. We were advised by the County that the chlorine residue in a swimming pool prior to its draining should be zero and we have reflected this in the law. 'The neap matter pertained to fencing and after much discussion with the Zoning Code Update Committee, it was decided to leave the current draft they way it is for safety reasons and neighborhood aesthetics as all of the safety issues are properly addressed. We were concerned with getting into a problem of traffic site distances and decided to leave it the way it currently reads, The last issue pertained to backwash and according to the Public Health Department, backwash handling will have to be done through either a drywell of a sanitary sewer so this was reflected in the law. On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the public hearing was closed at 9:50 p.m. and will be renoticed for the June 28, 1994 Board Meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 20 June; 14, 1994 3. APPRAISAL OF CANDIDATES FOR LIEUTENANT POSITION On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION AUTHORIZING LIEUTENANT CANDIDATE APPRAISALS RESOLVED, that the Mayor is authorized to enter into agreement with Carroll Buracker and Associates of Harrisonburg ,Virginia to conduct a candidate appraisal of three members of the Rye Brook Police Department eligible for the position of Lieutenant; and be it FURTHER RESOLVED, that the fee for this process will not exceed $8,500. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE `i ADJOURNMENT Mayor Cresenzi stated that there were still two items remaining which related to Police Matters, Personnel Matters and Litigation, therefore, on Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the Board adjourned into Executive Session at 9:55 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON ABSENT TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE f Respectfully submitted, Elizabeth Bottali Secretary to Village Board 21