Loading...
HomeMy WebLinkAbout1994-06-28 - Board of Trustees Meeting Minutes fAGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JUNE 28, 1994 i 7:30 P.M. PUBLIC HEARINGS ACTION 1. 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 2. CONTINUATION OF OPEN SPACE EASEMENT FOR THE BLIND BROOK CLUB PROPERTY RESOLUTIONS 3. APPROVING SETTLEMENT OF LITIGATION 1 4. ADOPTION OF NEGATIVE DECLARATION PURCHASE OF PROPERTY LOCATED AT KING STREET SECTION 1, BLOCK 6, LOT 9 5. AUTHORIZING PURCHASE OF PROPERTY LOCATED AT 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. APPROVING PAYMENT TO CAPSTONE ENTERPRISES FOR ELECTRICAL WORK AT THE ANTHONY J. POSILLH'O COMMUNITY CENTER CONTRACT # 9303 I j 8. APPROVING PAYMENT TO HI-TECH SYSTEMS, INC. FOR H.V.A.C. WORK AT THE ANTHONY J. POSILLH'O COMMUNITY CENTER j CONTRACT # 9305 9. SETTING PUBLIC HEARING ON SUBDIVISION APPLICATION OF HOWARD LOEWENTHEIL, INC. 6 HAWTHORNE AVENUE 10. SETTING PUBLIC HEARING DATE TO CONSIDER APPROVAL OF FIRE CONTRACT 1994-1995 FISCAL YEAR 11. ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, P.C. FOR PROFESSIONAL ENGINEERING SERVICE FOR GARIBALDI PLACE PARKING AREA 12. REFERRAL TO PLANNING BOARD ARCHDIOCESE ON NEW YORK ST. MARY'S CEMETERY MAUSOLEUM ADDITION I 13. DESIGNATING SUMMER MEETING SCHEDULE BOARD OF TRUSTEES 14. CHECK REGISTER DISCUSSION 15. LOCAL LAW INTRODUCTORY #8-1994 ENTITLED: A LOCAL LAW AMENDING THE CODE OF THE I VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 47 TO PROVIDE FOR REIMBURSEMENT OF PROFESSIONAL CONSULTING FEES 16. ANTHONY J. POSILLH'O COMMUNITY CENTER STATUS REPORT APPROVAL OF MINUTES ! 17. DECEMBER 23, 1993 j 18. JANUARY 11, 1994 it 19. JANUARY 25, 1994 20. FEBRUARY 9, 1994 21. FEBRUARY 22, 1994 22. MARCH 8, 1994 23. MARCH 22, 1994 24. MARCH 29, 1994 25. APRIL 4, 1994 WRITTEN COMMUNICATION 26. WESTCHESTER SHORE HUMANE SOCIETY RE: AGREEMENT 27. TONY VITALI & MARIA T. BIERNIAK FAITHFUL PRODUCTIONS INC. RE: PERMISSION TO USE SECTION OF RIDGE STREET TO FILM MOVIE. 28. ISABELLE SHERLOCK, CHAIRPERSON RYE BROOK ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RE: WETLAND LAW 29. NITA M. LOWEY MEMBER OF CONGRESS RE: UNACCEPTABLE AVIATION NOISE 30. ALFONSE D'AMATO UNITE STATES SENATOR RE: REROUTING AIR TRAFFIC FROM NEWARK INTERNATIONAL AIRPORT I i i s I I i f I 'I 005354 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORI, j JUNE 28, 1994 f 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 Randy A. Solomon Trustee Gary J. Zuckerman I Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator j Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Elizabeth Bottali, Secretary to Village Board I i jJoseph Cortese, Village Treasurer was not in attendance at this meeting. i f I 1 005355 June 28, 1994 Mayor Cresenzi announced that we would be deviating from the Agenda this evening and dealing with the Resolution section of the Agenda first. { RESOLUTIONS 3. APPROVING SETTLEMENT OF LITIGATION i On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution I was hereby adopted: RESOLUTION APPROVING SETTLEMENT OF LITIGATION RESOLVED, that the attached stipulation of settlement in Merritt & Holby Associates v. Cresenzi, et al.. Index No. 94/07622, is approved and the Village Attorney is authorized to j execute and deliver said stipulation on behalf of the Village of Rye Brook and the Board of Trustees. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. ADOPTION OF NEGATIVE DECLARATION PURCHASE OF PROPERTY LOCATED AT KING STREET SECTION 1, BLOCK 6, LOT 9 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION ADOPTING NEGATIVE ENVIRONMENTAL DECLARATION FOR PURCHASE OF PROPERTY LOCATED AT KING STREET, SECTION 1, BLOCK 6, LOT 9, FROM THE KOREAN PRESBYTERIAN CHURCH OF WESTCHESTER i RESOLVED, that the purchase of approximately two (2) acres of property known as Section 1, Block 6, Lot 9, located on King Street is found to be an Unlisted action under SEQR and the accompanying negative environmental declaration is adopted. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2 June 28, 1994 005�y 5. AUTHORIZING PURCHASE OF PROPERTY LOCATED AT KING STREET SECTION 1, BLOCK 6, LOT 9 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION AUTHORIZING PURCHASE OF PROPERTY FROM KOREAN PRESBYTERIAN CHURCH OF WESTCHESTER SECTION 1, BLOCK 6, LOT 9 RESOLVED, that the Village of Rye Brook is authorized to enter into a contract with the Korean Presbyterian Church of Westchester to purchase and may acquire approximately two (2) acres of property located on King Street, Village of Rye Brook, New York, also known as Section 1, Block 6, Lot 9, for a total sum of$590,000.00 plus customary closing adjustments; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents I necessary or appropriate to accomplish the purposes of this Resolution. Bob Lombino of the Arbors stated that he was present on behalf of 250 homeowners and he was not certain if they are for or against the proposal. He is hoping for more information to be made available to the public and asked that the Board slow down on this proposal as he and the Ii other homeowners are interested in protecting their property. The traffic on King Street should also be examined as this would greatly impact the traffic in the area. Mr. Paniccia stated that there are only twenty employees daily which will only be a minor j impact, especially when compared to the Arbors and the Atrium traffic, the impact is not great. Mr. Lombino complained that other sites should have been looked at. Mr. Paniccia explained that at the two previous meetings, the Facilities Committee reported to 4 the Board of Trustees and the public that several sites were looked at. We gave reasons for why i those sites were not the best choices and why the Elks Club property was the best choice. i i Mr. Krausman stated that leasing has tremendous hazards and risks compared to ownership. When you finance the ownership of the property with bonds, the rates are locked in for 25 years. The real estate market is down right now and it won't be in three to ten years. Rather than being subject to cycles of the real estate market and the whims of any particular landlord we felt that it was overridingly more favorable to the Village at large to own a piece of property and lock into fixed rates for 25 years, thus making our cost disappear. Mr. Paniccia stated that as far as the access goes we are lucky to have it. It may not be ideal for high traffic use but I think a building such as this with twenty or so employees is probably clearly less than the Elks club had there many nights. 3 June 28, 1994 005357 Mr. Paniccia added that it may not be convenient making the turn at some times without a traffic light but I don't think we ever based our analysis on the need that we had to have an access road to the Atrium or otherwise. I think it was brought up by the Board that the potential exists for parking in particular if we work out an arrangement with the Atrium which is nice if you have a large meeting we won't have the problem such as we have at 90 South Ridge Street where you can't come to a meeting because you can't find a place to park. I don't think the impact on traffic is really an issue with us. As far as time schedule, a building like this will take about two years to plan and construct so we really do need to work in advance. Doing that in a lesser time would, I think, be a problem. The Anthony J. Posillipo Community Center had a two year schedule, and I think that it is reasonable to start planning that much in advance. Mr. Lombino added that as he stated earlier, the Arbors does not have a position on the purchase of the Elks Club property. What we really want to do is listen to the dialogue and hear all of the alternatives so that we can develop a position as a group. There are 250 people near me and probably 350 in total. Rather than picking apart all the work that went into this study and trying to form a position without having all of the facts, what the Arbors wants to do is get all the facts in the next few weeks and if we can successfully do that and then we will form our position on the issue and it may be that we are debatable. I just wanted to make that point because that was the point I started with. Trustee Zuckerman informed Mr. Lombino that we have had several hearings on this subject which has been reported in both of our local newspapers and I think one place to start is possibly to get a copy of the video tape of the public hearing and also the presentation of the Facilities Committee that was held several weeks before the public hearing which in essence laid out the complete process which you have just heard now in a very much abbreviated form. The Facilities Committee had come forward with charts showing exactly what was proposed and the monetary impact. I think in your informational gathering process possibly you could start with that. I just want to clarify one point relating to the construction. It was not contemplated in the original report that the entire building would be left standing. In fact the report contemplated that the older structure be knocked down but that the newer structure in the front which is a much more recent design, be incorporated into a new structure and even with all of that the cost of construction and acquisition etc. still came up with a very large monetary savings. Trustee Solomon reminded that it did not even have to come off the tax rolls so we have not deprived the rest of the community of any additional taxable property. Ken Heller stated that basically, he favors the site but questioned if the site plan review will be a public procedure or an administrative procedure on the part of the Board. Administrator Russo stated that basically, we have discussed this before and it is the intention of the Village Board to keep the Facilities Committee involved throughout the whole process. Mr. Heller questioned if there will be public discussion on planning. Mayor Cresenzi stated that he would prefer to keep the discussion, the aesthetic design, etc. an administrative procedure as it is difficult to do in public, however in regard to the footprint and how things are going to go in and out, that should be a public issue. 4 June 28, 1994 005358 Mr. Heller stated that he visited the site at about 8:30 a.m. and found that it was impossible to make.a left hand turn and in regard to the site visualization coming off the site, it is very difficult to see traffic. The site is also very close to the Merritt and the Hutchinson River Parkways. When the site plan review is done, he suggested that the Village not allow Left Hand turns into the facility. Traffic should come up Ridge Street and make a right hand turn onto the site because it is almost impossible to turn at that juncture. Trustee Solomon pointed out to Mr. Heller that it is really just certain times of the day. In the morning when people are going to work and the kids go to school and in the afternoons when kids get out of school. The facility will be used primarily during the day and the meetings at night are at off hours and will not impact the traffic in the area. { Linda Shaker of Bayberry Lane questioned what the pool will be used for. Mayor Cresenzi stated that the pool will only be used for day camp. 1 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE i TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 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 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION 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 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 Capital Notes in the amount of$39,500 and its Serial bonds in the amount of$750,000 pursuant to the Local Finance Law of New York in order to finance the specific object of purpose hereinafter described. 5 June 28, 1994 005359 Section 2. The specific object or purpose (hereinafter referred to "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 land and buildings on King Street in the Village of Rye Brook known as Section 1, Block 6 Lot 9, the construction of site improvements and preparation of plans. 1 Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $790,000 and that it plans to finance such cost by (1) $39,500 to be raised as current funds by the issuance of Capital Notes prior to the issuance of Serial Bonds or any bond anticipation notes in anticipation of said Serial Bonds and (2) $750,500 by the issuance of Serial Bonds 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 11(b) of paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is twenty (20) years; (b) The proposed maturity of the Serial Bonds hereby authorized is in excess of five (5) years; and (c) No part of the cost of the purpose authorized has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56,00 to 60.00 inclusive 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 here by delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is 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 the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designed official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be j 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 anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or the provisions of law which should be complied with at the date j 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 if said obligations are authorized in violation of the provisions of the constitution of the State of New York. 6 June 28, 1994 005360 Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of the Village Law. Trustee Solomon questioned what the resolution meant by being subject to permissive referendum. Administrator Russo explained that it means that a petition with approximately 20% of the number of voters from the last election will require this to go for permissive referendum if received by the Board within thirty days from the adoption. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. APPROVING PAYMENT TO CAPSTONE ENTERPRISES FOR ELECTRICAL WORK AT THE ANTHONY J. POSILLIPO I COMMUNITY CENTER - CONTRACT # 9303 On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION G APPROVING PAYMENT TO CAPSTONE ENTERPRISES, INC. FOR ELECTRICAL WORK AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER CONTRACT #9304 RESOLVED, that payment in the amount of $13,509.69 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 June 28, 1994 0053r- 1 8. APPROVING PAYMENT TO HI-TECH SYSTEMS, INC. FOR H.V.A.C. WORK AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER - CONTRACT # 9305 On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION I APPROVING PAYMENT TO HI-TECH H.V.A.C. SYSTEMS, INC. FOR H.V.A.0 WORK CONTRACT #9305 ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that payment in the amount of$10,640.00 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 MAYOR CRESENZI VOTING AYE 9. SETTING FOR PUBLIC HEARING ON SUBDIVISION APPLICATION OF HOWARD LOEWENTHEIL, INC., 6 HAWTHORNE AVENUE I f On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING ON SUBDIVISION APPLICATION OF HOWARD LOEWENTHEIL, INC. 6 HAWTHORNE AVENUE SECTION 1, BLOCK 15, LOT 38 RESOLVED, that a public hearing will be held on Thursday, July 14, 1994 by the Board of Trustees of the Village of Rye Brook at Village Offices located at 90 South Ridge Street at 7:00 p.m. to consider an application for subdivision approval made by Howard Loewentheil, Inc. of property located at 6 Hawthorne Avenue also know as Section 1, Block 15, Lot 38, for subdivision of the property into 5 lots. I TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8 June 28, 1994 005362 10. SETTING PUBLIC HEARING DATE TO CONSIDER APPROVAL OF FIRE CONTRACT FOR 1994-1995 FISCAL YEAR On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING DATE TO CONSIDER APPROVAL OF FIRE CONTRACT FOR 1994-1995 FISCAL YEAR RESOLVED, that a public hearing will be held by the Village of Rye Brook Board of Trustees on Tuesday, July 12, 1994 at 7:30 P.M. at the Village Offices located at 90 South Ridge Street, Rye Brook, NY to consider the approval of the Fire Contract for the 1994-1995 fiscal year. Trustee Pellino asked Administrator Russo to inform the Board as to the letter from Thomas Gallagher regarding an item that should be negotiated in our fire service contract. Administrator Russo explained that the item was in regard to the fire department providing first responder and we were informed that it could not be done unless it was negotiated in our contract. Trustee Pellino asked Administrator Russo to contact the Village's Risk Manager prior to the public hearing regarding page three, items 16 and 17 relating to insurance matters and see if he thinks it is sufficient for our needs. Administrator Russo stated that he believes that the answer will be yes because this was negotiated by him with the Village of Port Chester last year for inclusion in this contract. Trustee Solomon asked Administrator Russo to provide an update on Fire Department Issues at that public hearing. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, P.C. FOR PROFESSIONAL ENGINEERING SERVICE FOR GARIBALDI PLACE PARKING AREA Administrator Russo announced that this resolution was to be tabled to the July 12, 1994 meeting due to insurance requirements which need to be met. 9 June 28, 1994 005363 12. REFERRAL TO PLANNING BOARD ARCHDIOCESE ON NEW YORK ST. MARY'S CEMETERY MAUSOLEUM ADDITION On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION j REFERRAL TO PLANNING BOARD ARCHDIOCESE OF NEW YORK ST. MARY'S CEMETERY MAUSOLEUM ADDITION RESOLVED, that the attached site plan application from the Archdiocese of New York for site plan approval for the St. Mary's Cemetery Mausoleum Addition be hereby referred to the Planning Board for their review and recommendation; and be it FURTHER RESOLVED, that the applicant shall pay $2,000 to the Village of Rye Brook for consultant fees associated with the review of this application. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. DESIGNATING SUMMER MEETING SCHEDULE BOARD OF TRUSTEES I ' jThe Board decided to eliminate this item from the agenda due to the fact that they would keep to the normal two meeting a month schedule. 14. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, 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: I 10 June 28, 1994 005364 On Line Checks: 9197-9264 (94-95) Pre Paid: 8918-8920 & 8950 On Line Checks: 9149-9193 (93-94) On Line Checks: 9266-9288 (Medicare) Payroll Checks: 13171-13273 Environmental: 427 Recreational Trust: NONE Capital: 2153,2154.2155 Birthday Run: 2040-2046 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 DISCUSSION 15. 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 Administrator Russo explained that this law would codify what we are doing currently with regard to the Village collecting fees to pay for outside consultants review of the plans for site plans and I subdivisions. This would allow for a law to be on the books to require the applicant to reimburse the j Village for these costs. I Attorney Powell stated that this would provide the basis for the Village to charge the applicant for essential staff time. Administrator Russo stated that his office would put the law in proper form and at the July 12, 1994 meeting we will set the public hearing date for the July 26, 1994 meeting. 11 June 28, 1994 005365 16. ANTHONY J. POSILLIPO COMMUNITY CENTER STATUS REPORT Administrator Russo stated that as of today's date, a total of$1,1,250,78 has been spent on this project. The Village will have to fund $575,000.00. which they had estimated to fund $600,000:00 in the beginning. Mr. Circosta stated that the contractors are working on the punch list, which was prepared by Doug Gallow and forwarded to the Board. We hope to have it completed in a few weeks except for the kitchen and landscaping. In reference to the landscaping, Marathon Orbit had originally put in a payment requisition for the partial landscape work and as per a discussion with Steve Yarabek, the Landscape Designer I asked what it would involve for the Village to do the landscaping on its own. He informed that it would be tight and you would actually have to go out to bid and see where the numbers fall. In the discussion with Marathon Orbit, we stated that if this cost us more than the amount of the schedule, the additional costs would be incurred by the Village. Marathon Orbit wanted to sit down and discuss the landscaping, but as of this date, we have not done so. Ms. DeMarco stated that the furniture was ordered on June 15, 1994 and will be delivered on August 23, 1994. A representative from Maryland Office Interiors is coming out on the day of the delivery to inspect the furniture for any damages that might occur prior to arrival. In addition to that, Ms. DeMarco stated that she and Mr. Circosta have been working on the window treatments and door treatments and we will be going out to bid for those items. I Trustee Daly questioned if all of the punch list items will be completed by July 1, 1994. i Mr. Circosta replied no, that the items would not be completed by July 1, 1994. i Trustee Pellino stated that since we are still in the discussion stage of the meeting, Mr. Paniccia had made a presentation on the Bulk Standards and at that time, Trustee Solomon had asked that the new C1 site on Bowman Avenue be charted out and Mr. Paniccia also wanted to chart out the Helbing Subdivision. He questioned if Mr. Paniccia was prepared to discuss this subject this evening. Mr. Paniccia stated that the Bowman Avenue site is clearly much larger than the minimum lot size enclosed in Cl. The C1 currently is very wide open and has no minimum lot size, width or depth. Mr. Gissen felt that right now it doesn't seem that there is much of an impact. On the Helbing subdivision we have a copy of the proposed map. It is a large house on a large parcel of land. Currently it is approved for two lots and there was a question of the possibility of having a third lot. You could probably squeeze three circles in there but we would only recommend a two lot subdivision. I Trustee Pellino stated that if the Board's questions have been satisfactorily resolved, the next step is to call for a public hearing on the Bulk Standard regulations. Mayor Cresenzi directed Attorney Powell to work on this and possibly call for a public hearing to be held on the fourth Tuesday of July. 12 June 28, 1994 005366 APPROVAL OF MINUTES 17. DECEMBER 23, 1993 18. JANUARY 11, 1994 19. JANUARY 25, 1994 20. FEBRUARY 9, 1994 21. FEBRUARY 22, 1994 22. MARCH 8, 1994 23. MARCH 22, 1994 24. MARCH 29, 1994 { 25. APRH, 4, 1994 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the minutes listed above were all hereby approved. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE j TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 26. WESTCHESTER SHORE HUMANE SOCIETY RE: AGREEMENT Administrator Russo explained that our contract expired with Westchester Shore Humane Society and added that he has been communicating with Monroe Mann, the attorney for the Humane Society about a new contract. The contract is the same except for a few things. Mr. Mann is proposing to enter into a three year contract keeping the rate the same for the current year and increasing it by 5% by 1995- 1996 and by 5% in 1996-1997. The other item that is changed in the agreement is to remove the thirty day termination clause by written-notice at our option. Trustee Pellino stated that this clause was in there because the prior several contracts that we had were at the same rate for each of the three years. He added that he would have preferred an escape clause at the annual fiscal close with thirty days prior notice so that you don't tie a future board to these kinds of commitments. I Administrator Russo stated that he agreed to leave that clause in. 13 June 28, 1994 ()0 5;13 6 7 Trustee Daly stated that she does not feel a three year contract is appropriate. Trustee Pellino stated that if we have the escape clause in the contract, it does not matter if it is for three years. Trustee Zuckerman questioned what discussions Administrator Russo had regarding the escape clause. Administrator Russo stated that he informed them that he had a problem with taking out the cancellation clause. Trustee Zuckerman questioned what was discussed with the rates. Administrator Russo stated that rates were not discussed at all. The Westchester Shore Humane Society did go a series of years without an increase and are only asking for a one time increase which is not substantial and there is no way the Village could provide the services that are provided here for anywhere near this amount of money. Trustee Daly questioned if they are on an as needed basis. Administrator Russo stated that they are currently on a two day rotating patrol, plus on call and they also handle wildlife. Trustee Daly questioned when they are physically in Rye Brook as she never sees them. Administrator Russo stated that they are always here when they are supposed to be and they sign in at the Police Department regularly. I Trustee Pellino stated that there is nothing in the contract about their person logging in with the Police Department. Administrator Russo stated that there was a letter written regarding the signing in and reference to that letter is made in the contract. He added that he would distribute a copy of that letter to the Board. Trustee Pellino also pointed out that all references to the Town should be changed to the Municipality. Administrator Russo stated that this document was only a draft. Trustee Solomon stated that he would like Administrator Russo to try and get the size of the increase down. Trustee Daly stated that she would like the clause added. Trustee Zuckerman stated that Trustee Pellino raised an interesting point pertaining to the references made to the Town. Some of the references were made to the Town Clerk and the Town of Rye and other references were made to Rye Brook, therefore, it does not seem to be an oversight. 14 June 28, 1994 O M1 6 8 27. TONY VITALI & MARIA T. BIERNIAK FAITHFUL PRODUCTIONS INC. RE: PERMISSION TO USE SECTION OF RIDGE STREET TO FILM MOVIE ' Administrator Russo explained that they are filming a movie in Harrison and wanted to film one scene, i which is a driving scene on the streets surrounding St. Mary's Cemetery on South Ridge Street and High Street in Rye Brook. The Village currently does not have a law or fees set for such a request so I directed them to write a letter requesting permission. They would like to close off part of South Ridge Street and maybe High Street for some period of time in August to film this scene from the movie. He questioned whether or not the Board would allow it and also, they will probably want police services. Tony Vitali, location supervisor for Faithful productions introduced himself and explained that the film will star Cher and Ryan O'Neal. We will be shooting in the Town of Harrison for approximately twenty days, but realize that we might be in Rye Brook for one day in the area near St. Mary's Cemetery. In the Town of Harrison, where we are shooting driving scenes, we have Town of Harrison Police that we are employing for a scene on Westerleigh and also Sky Meadow Lane. On that particular day, we would coordinate it so that when we were using Rye Brook, we would employ Rye Brook Police. Trustee Daly questioned if they have to close the road. Mr. Vitali stated that as of now, the entire road will not have to be closed for the scene with Cher driving a Rolls Royce in front of St. Mary's Cemetery. The company is presently looking into renting space at 2900 Westchester Avenue and shuttling crew members to and from the Teasdale residence in Brookside Way, however, sometimes there are cars that will make pit stops to the house and they might want to park at the onclave at Brookside Way. jAdministrator Russo stated that once you go over the bridge, you are in Harrison. Mayor Cresenzi stated that he does not have a problem with this as long as it is coordinated with the Chief in regard to hiring of Village Police Officers. Chief Santoro stated that as far as closing part of South Ridge Street, it is a County road, so their permission would be needed. Mr. Vitali stated that they have already initiated the paper work with the County. I Mr. Vitali stated that when they close a road, they always try to leave at least one lane open. Attorney Powell questioned the insurance aspect. Mr. Vitali stated that the company has a blanket policy. Mayor Cresenzi directed Administrator Russo and Chief Santoro to coordinate the filming details with Mr. Vitali. 15 June 28, 1994 005369 28. ISABELLE SBERLOCK, CHAIRPERSON RYE BROOK ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RE: WETLAND LAW Administrator Russo read a letter with an attached summation that Mrs. Sherlock received from the County with regards to various terms and requirements in wetlands laws throughout the County. Mayor Cresenzi asked if Administrator Russo could have a staff member call the jurisdictions listed and find out if they have mapped the wetlands in their communities and how much manpower it takes to enforce the wetlands ordinance in their local jurisdictions. Mayor Cresenzi questioned if a wetlands map was received. Roger Hermann, a member of the Advisory Council of Environmental Conservation replied that he just received the map. Mayor Cresenzi questioned how many parcels this law would be affecting. Trustee Pellino stated that he noticed that Briarcliff Manor, Croton on Hudson, Mt. Pleasant, Pleasantville and Yorktown have regulated buffer areas of dual buffer areas which are either 50 feet unde one criteria and 100 feet under another criteria, so there are some jurisdictions that have either lesser requirements that we are proposing or dual requirements. He stated that he would be interested in knowing about those municipalities that have dual requirements, how they are working out and on what basis they were adopted. Trustee Zuckerman stated that he would like to know how the various jurisdictions find the Wetlands law in its entirety to be working and if the officials have any recommendations or changes that a municipality should consider and what they are currently doing. In only two jurisdictions in all of Westchester is the Village or Town Board, the municipal approval authority. In all of the other jurisdictions, there is either a Wetland Control Commission or the Planning Board or the Zoning Board as the Municipal Approval Authority. Mr. Heller stated that he was concerned that this Board has yet to set a public hearing, where all of ithese questions could be addressed because there is a project pending in a wetland area. It seems that i this law is being delayed as long as that project is pending. Mayor Cresenzi questioned if he was accusing the Village Board of delaying the law. Mr. Heller stated that he is not accusing anyone of anything. He only suggests that the Board set a public hearing for the Wetlands Law because there are projects pending which pertain to wetlands. I Whether or not this Village has an ordinance, there are other laws in other jurisdictions that supersede I the Village. j Mr. Hermann stated that the maps are based on hydric soils and wetlands areas under two acres in size may not be depicted, so you really can't get a map that is specific enough for the law. You really have to deal with each individual case. 16 June 28, 1994 005370 Mayor Cresenzi stated that we do know where the watercourse flows through the Village and from that we should be able to get a parcel count because that may give us a rough idea. Trustee Daly questioned who will be making the phone calls, the Village staff or the Environmental Committee. Mayor Cresenzi stated that he is asking Village staff because the Committee does not have time to sit on the phones and track that information. Trustee Solomon pointed out to Mr. Heller that there are some things dragged through this Board, but the Wetlands Law is not been one of them as we have worked on this subject at several meetings. Trustee Daly asked that a Village staff member report back to the Village Board at the next meeting with the findings. Administrator Russo stated that perhaps we could have an intern make the phone calls. He added that he would speak to Mrs. Sherlock about soliciting some volunteer help and get information to the Board as soon as possible because this is something that is detailed and would require a lot of time. Trustee Zuckerman questioned if a Committee member could fill in the blanks on the chart, the survey of Westchester County Municipal Wetland Protective Ordinances, our proposed ordinance, and how if we passed it, it would fit onto the chart as it is not easily compared to some of the other communities. I Trustee Pellino stated that if Administrator Russo contacts Mrs. Sherlock tomorrow, perhaps we can line up the assistance needed and do our best to get information back to the Board for the July 12, 1994 meeting so we can move forward with this law. j' 29. NITA M. LOWEY MEMBER OF CONGRESS RE: UNACCEPTABLE AVIATION NOISE Administrator Russo-read the letter from Congresswoman Nita M. Lowey regarding the unacceptable aviation noise at the airport. i 30. ALFONSE D'AMATO UNITED STATES SENATOR RE: REROUTING AIR TRAFFIC FROM NEWARK INTERNATIONAL AIRPORT Administrator Russo read a letter from Senator Alfonse D'Amato regarding rerouting air traffic from Newark International Airport. 17 June 28, 1994 51. PUBLIC HEARINGS 1. 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 9:20 p.m. Trustee Pellino stated that many changes were made through the Zoning Code Update Committee by request of the Village Board and the Village Attorney has advised us that when we make extensive changes to a draft of a law, that law must be reheard in its final form, before the public after those changes are made. Both the Village Board and the County of Westchester brought up various questions and issues and as far as the Zoning Code Update Committee is concerned, we feel that we have addressed all of those questions and we would like to move forward. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the public hearing was closed at 9:20 p.m. Mayor Cresenzi announced that an approval resolution will be prepared for the July 12, 1994 meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. CONTINUATION OF OPEN SPACE EASEMENT FOR THE BLIND BROOK CLUB PROPERTY Mayor Cresenzi announced that upon request of the applicant, this public hearing be adjourned to another meeting night. I I On Motion made by Trustee Solomon seconded by Trustee Pellino the public hearing was adjourned I to Tuesday, August 23, 1994 at 7:30 p.m. i TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE j TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 18 June 28, 1994 005,172 DISCUSSION Trustee Zuckerman questioned when we expect to receive the maps from Tom Gissen for the Hillandale Area Rezone. Administrator Russo stated that Mr. Gissen will be ready to make a presentation for July 12, 1994. Trustee Zuckerman stated that he wanted to remind the Board of the idea of having reports from Village jCommittees on their progress. Trustee Zuckerman also questioned regarding the rebuilding of the Hutchinson River Parkway and questioned if the elimination of the tolls would have any effect on that. Administrator Russo stated that he did not have any information regarding the impact on the rebuild. Mr. Circosta added that the State is planning to do some resurfacing on the Hutch, so if you see any heavy equipment on the Hutch, that is the reason. Trustee Solomon questioned if there is any news on the 287 sound barriers. Administrator Russo replied no and added that he has sent another request to Assemblyman Tocci based on the article that was recently in the newspaper regarding the SHIPS money. Trustee Zuckerman suggested that there be some type of a zoning amendment to reflect that type of a use such as Blockbuster Video which is a use that is not strictly restaurant or retail but to allocate parking spaces on that type. i Trustee Pellino stated that several things could fall into that category and one is a Fast Food establishment where you have the transient activity taking place. Trustee Zuckerman stated that we should look into that and also revisit the question of illuminated signs as to whether or not,the Zoning Code in its update discussed that, but perhaps they should tighten up the law with regard to those signs. I I Trustee Pellino stated that in reference to the Hutchinson River Parkway rebuild, he has received inquiries from residents and questioned if we could get an update on the project. On behalf of the Village, the Traffic Commission and Mike Galante of Frederick P. Clark Associates, were supposed to have input on that project. 19 June 28, 1994 005373 Mayor Cresenzi stated that there was a meeting with the Department of Transportation about six months ago and all of the plans are drawn. They did not have the survey work but at that time, they told us when the compiled all of the information and gone through it, they would be holding public hearings within the Village and getting input from the public. ADJOURNMENT I 1 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the meeting was adjourned into { Executive Session for Litigation Matters at 9:50 p.m. Respectfully Submitted, Eliza eth Bottali Secretary to the Village Board I� f i I I f 20