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HomeMy WebLinkAbout1994-07-12 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING JULY 12, 1994 7:00 P.M. PLEDGE OF ALLEGIANCE ACTION BOARD OF POLICE COMMISSIONERS 1. BUDGET MODIFICATION 7:30 P.M. PUBLIC HEARING 2. fi0 CONSIDER APPROVAL OF FIRE CONTRACT FOR 1994-1995 FISCAL YEAR Trustee REPORTS 3. BYRAM RIDGE REZONING STUDY 4. WETLANDS LAW UPDATE i DISCUSSION 5. ADOPTION OF.CODIFIED ZONING CODE 6. BERNARD FISCHMAN CORRESPONDENCE RE: UNDERLYING RESIDENTIAL ZONE HIGH POINT HOSPITAL 7. JOHN BRANCA, MAYOR VILLAGE OF PORT CHESTER RE: REQUEST FOR FIRE SERVICE STUDY RESOLUTIONS 8. ADOPTING NEGATIVE ENVIRONMENTAL DECLARATION LOCAL LAW INTRODUCTORY #8-1994 ENTITLED: AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO REPEAL I CURRENT CHAPTER 224 OF SUCH CODE TO ADD A NEW CHAPTER 224 REGULATING SWIMMING POOLS 9. ADOPTION OF 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 10. APPROVING SETTLEMENT OF LITIGATION 11. REFERRAL. TO THE PLANNING BOARD AMENDMENT OF SPECIAL USE PERMIT MOBIL SERVICE STATION/HOURS OF OPERATION 12. ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, P.C. FOR PROFESSIONAL ENGINEERING SERVICE FOR GARIBALDI PLACE PARKING AREA 13. SETTING PUBLIC HEARING FOR PROPOSED LOCAL LAW INTRODUCTORY #9-1994 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 14. AWARDING CONTRACT #9402 REHABILITATION OF TENNIS COURTS AND BASKETBALL COURTS 15. SETTING PUBLIC HEARING ON PROPOSED INTRODUCTORY LOCAL LAW #10-1994 TO PRESCRIBE BULK STANDARDS IN VARIOUS ZONING DISTRICTS 16. APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER 17. CHECK REGISTER WRITTEN COMMUNICATION 18. MICHAEL STOLZAR, AMERICAN RED CROSS RE: ANNUAL TURKEY TROT TO BE HELD ON THANKSGIVING DAY, THURSDAY, NOVEMBER 24, 1994 REMINDER..... J THURSDAY JULY 14, 1994 - 7:30 P.M. PUBLIC HEARING SUBDIVISION APPLICATION HOWARD LOEWENTHEIL, INC., 6 HAWTHORNE AVENUE SECTION 1, BLOCK 15, LOT 38 TUESDAY, AUGUST 23. 1994 - 7:30 P.M. PUBLIC HEARING ...(Continued) CONTINUATION OF OPEN SPACE EASEMENT FOR THE BLIND BROOK CLUB PROPERTY ITEMS FOR JULY 26, 1994 PUBLIC HEARINGS 1. PROPOSED LOCAL LAW INTRODUCTORY #9-1994 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 2. PROPOSED INTRODUCTORY LOCAL LAW #10-1994 TO PRESCRIBE BULK STANDARDS IN VARIOUS ZONING DISTRICTS RESOLUTIONS 3. APPROVING THIRD PARTY CUSTODIAN AGREEMENT WITH BANK OF NEW YORK AND BANK OF NEW YORK TRUST COMPANY ;i 005,171 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK JULY 12, 1994 CONVENE MEETING The Meeting was called to order at 7:15 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. i Present were the following members of the Board: i Mayor Salvatore M. Cresenzi { Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman I Also present were: i Christopher J. Russo, Village Administrator Lori Ann DeMarco, Assistant to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to the Village Board Thomas Gissen, Frederick P. Clark Associates I Village Treasurer, Joseph Cortese was not in attendance. I 1 July 12, 1994 0 0 5 rZ 7 5 BOARD OF POLICE COMMISSIONERS Trustee Zuckerman questioned if a written policy exists pertaining to Police vehicles parking in fire zones. Chief Santoro stated that there is no policy, however, in case of emergency it is wise to have the vehicle in close proximity. Trustee Zuckerman questioned if Policemen are permitted to leave the vehicle running J unattended. Chief Santoro stated that Police are permitted to do so as long as the car is locked. Trustee Zuckerman stated that he witnessed a police vehicle parked in the fire lane at the Deli with the motor running and the windows open. He stated that he reported this, but there were no sergeants on duty at the time so he spoke with the desk officer and the officer who was driving the vehicle about the policy. It was explained by the officers that very often it is necessary to leave the vehicle on a break and have it close at hand in case of an emergency. Trustee Zuckerman stated that there must be another way to handle it because if the residents park in the fire lane, they would get a summons. Trustee Zuckerman added that it sets a bad example. There should be a policy regarding parking in the fire lane and leaving the vehicle running. A possible solution would be to have a space allocated for the use of police vehicles, Trustee Zuckerman suggested. Chief Santoro stated that the majority of officers do not abuse the parking space. He added that he would much rather see the officer on a lunch break park in a regular spot, however, if they were just running in for a cup of coffee it is not really a problem. Chief Santoro informed the Board that he would address the situation. Mayor Cresenzi informed the Board and Chief Santoro that he would like to schedule the Lieutenants interview for the August Agenda meeting at 5:30 p.m. He directed Chief Santoro to submit recommendations and the candidates personnel files. The August 9th meeting will begin at 8:00 p.m. to give the candidates ample time for an i interview. Trustee Pellino asked that Chief Santoro provide the Board with his comments in writing. Chief Santoro stated that he would interview the candidates individually first and give his recommendation. Mayor Cresenzi then asked Chief Santoro about the letter from Marc Goldstein requesting a temporary leave of absence from the Auxiliary Police. 2 June 28, 1994 005376 Chief Santoro stated that due to the difficult pregnancy of Marc's wife, he is requesting a temporary leave of absence. Chief Santoro stated that he has no problem with this. Trustee Solomon questioned how recruitment was going for Auxiliary Police. Chief Santoro stated that a few people are interested. He added that there is talk that Albany is trying to pass legislation that will allow unarmed auxiliary police to be fingerprinted. Currently, one of our problems is that we can't get any records checked on auxiliary police unless they have a pistol permit. Three of the four people who are interested do not have permits. The only thing that we can do is ask them if they have ever been arrested. The two active auxiliaries completed their CPR, Airway and First Aid Training so they are now qualified and will be issued a certificate. Chief Santoro requested an Executive Session with the Board to discuss the condition of his secretary Louise Massie. On Motion made by Trustee Pellino, seconded by Trustee Daly, the Board adjourned into executive session at 7:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE CONVENE MEETING The Board convened the meeting at 7:45 p.m. in the Meeting Room. RESOLUTION 1. BUDGET MODIFICATION On Motion made by Trustee Daly, seconded by Trustee Solomon, the following Resolution was hereby adopted: I RESOLUTION BUDGET MODIFICATION I POLICE DRUG MONIES RESOLVED, that the following budget modification be hereby approved: 3 July 12, 1994 U 0 5 3 7 l FROM TO AMOUNT 2200.302 3120.200 $1,086.52 (Drug Grant) (Police Equipment) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE PUBLIC HEARING 2. TO CONSIDER APPROVAL OF FIRE CONTRACT FOR 1994-1995 FISCAL YEAR Trustee Pellino questioned the First Responder letter which Administrator Russo said would be an item for negotiations, but it was not in the contract. He questioned if it was going to be an issue. Administrator Russo stated that it would be an issue for future negotiations. Mayor Cresenzi suggested Administrator Russo give a brief run down on the cost projections. Administrator Russo stated that he previously handed out to the Board the Village's cost projections. Upon meeting with the Mayor and Village Manager of Port Chester a proposal was made to change the method of payment over to a taxable assessed value percentage of the total Port Chester Fire Budget. We have given out numbers at the meeting and the bottom line of total numbers were low. At that point in time Port Chester Officials didn't believe they had factored in the total expenses with operating the fire department. The number in the printed material was approximately 1.7 million. We were told that it could be upwards of 2 million, however that wasn't determined at that time. The projection on the number that was used as the estimated Port Chester cost was 1.7 million dollar factor as Port Chester's total expenditures. As you know currently the rate for this fiscal year is proposed at 607,348. If you were to take 48% which is our current taxable assessed value based on Port Chester's estimated costs that number would go to 816,000. However, that kind of jump was acknowledged by the Port Chester officials as too substantial to be hit with in one year. It was proposed at that time for that to be phased in over a few years. The difference is 208,652. If you were to take that over three years, I used the 6% escalation factor. The projections for 1995-96 is estimated based on the proposal that was made to us by Port Chester that we might pay somewhere in the vicinity of 700,016. In 1996-97 it may go up to approximately 834,000. The third year it could possibly reach 958,000. 4 July 12, 1994 Trustee Zuckerman stated that back in 1980 the Village of Port Chester's cost of fire service was $624,000. Rye Town's share, which is now the Village of Rye Brook was 190,000 for a total cost of $722,000. The Rye Brook percentage was 27% of the total cost. In 1990 the total fire service cost had risen to $1,594,000. Port Chester paid 1,150.00 and Rye Brook 444,000. Rye Brook's percentage at that time was 28%. Over'a 1 ten year period there was a fairly constant percentage. In 1994 according to the published figures Port Chester is proposing to pay $929,714, Rye Brook $607,348 for a total of $1,537,062. Rye Brook's share has risen to 40%, while Port Chester's share has declined. The figures that are being used are published figures from Westchester 2000 and from what has recently been published in the Gannett newspapers. A couple of years ago when we started to become concerned as to the percentage and the numbers, we had asked Port Chester to participate in a fire study but they declined so the Village of Rye Brook initiated it's own fire study. The fear at the time was that Port Chester would request huge percentage increases from Rye Brook. The result of the study found that Rye Brook was paying too much and it was suggested that the Village create it's own fire department. One of the reasons had to do with service. I'm not saying that Port Chester was not giving us very good service but with the growth of the Village in the Northern portions there is a fear that Port Chester Fire Department would not be able to respond effectively as Doral Arrowwood came on line. Also as High Point If Hospital has a potential for development. The Village of Rye Brook is twice the size of the Village of Port Chester and we do not have a fire house located within the boundaries of the Village and the Village of Port Chester has 4 fire houses in close proximity. We have felt that the Village would need it's own fire house and as far as costs are concerned, Port Chester should consider closing some of their houses. We have attempted to negotiate with the Village of Port Chester over the last two years to come up with a reasonable formula to allocate costs. We thought that some formula is needed so that costs would not go on escalating. We had hoped that the Village of Port Chester could contain it's own costs and that the share for the Village of Rye Brook could become allocated on a logical basis based on some objective factor. The last meeting that we had a couple of months ago resulted in a proposal from the Village of Port Chester that we go on a straight tax assessment basis. This will rather than reduce the share for the Village of Rye Brook would increase the share. I think that this solution is not an acceptable solution. There are solutions that might be followed. One of which would be to construct a fire house in Rye Brook and invite companies in Port Chester to occupy those fire houses in tact, which ever companies would want to do that. This would possible save money by eliminating obsolete houses in the Village of Port Chester. That would result in the Port Chester Fire Department continuing to provide service to the Village of Rye Brook and would result in very little change in terms of the operation in the Port Chester Fire Department. It would increase service both to Port Chester and Rye Brook. Most of the negotiations have fallen on deaf ears. Trustee Zuckerman stated that it seems as though the Village of Port Chester looks upon the Village of Rye Brook as a cash cow to be tapped whenever extra money is needed and perhaps history is repeating itself. Back in the 1970's actions were taken by Port Chester which led to the creation of Blind Brook High School. Then in the early 1980's actions were taken again which led to the creation of the Village of Rye Brook. It seems that once again Rye Brook is being forced to make a decision to leave Port Chester service because of actions taken by the Village of Port Chester. 5 July 12, 1994 00503179 Trustee Zuckerman stated the he does not think that anybody on the Board really wants to terminate the relationship between the Village of Rye Brook and the Port Chester Fire Department, however continuing on the current course of constantly escalating contracts where Village of Rye Brook is paying an increasingly larger percentage as well as an increasing larger dollar amount is going to lead to nothing but a change in our relationship. Trustee Daly asked Administrator Russo if this contract is any different from last years. Administrator Russo stated that other than the major changes made last year with the insurance requirements and the amount, it is the same. Trustee Daly questioned which staff member is informed about any new equipment. Is it discussed with us when they buy new equipment? Administrator Russo stated that we don't have a say in it but we are aware when they are doing it. That section refers to the major pieces of equipment and what is available for response in Rye Brook. f Mayor Cresenzi stated that Rye Brook has no ownership rights. If Port Chester decided to sell off half of the equipment they could. Trustee Daly questioned if we were required to pay for a percentage of whatever Port Chester sees fit to buy. Mayor Cresenzi replied yes. Trustee Solomon stated that we have to find a way to bring Port Chester to the table and work this out. One of then nice things about the Port Chester Fire Department besides the 100 years of tradition and the hundreds of volunteers, is that Westchester 2000 and all the other governmental agencies are leaning toward shared services. We have that in place now, maybe 48% isn't the number we want to be at but the thing that is important is that if we move towards a fire district than we would gain some say in the way things are run with Port Chester Fire Department. The idea of a fire district doesn't have to stop also with Port Chester and Rye Brook. From what I understand Port Chester usually arrives first or second in most fires in the Purchase area and they back up Rye a lot. They are really involved in a lot more than just Port Chester and Rye Brook. Maybe by digging into the Fire District idea and really expanding it the actual cost of Rye Brook fire service may go down. I would like to explore that avenue before we take the drastic step of going to our own fire service. Certainly 100 men responding to a fire is a lot better than 14 paid men responding to a fire. 6 July 12, 1994 005180 Mayor Cresenzi stated that currently Rye Brook has roughly 1/3 the population of the Village of Port Chester. We generate about 1/3 of the calls that come into the Department. We should be paying roughly 1/3 of the cost. Based on a per capita basis and on a usage idea of 1/3 of the calls being generated. It is my own feeling that we should not be liable for more than 1/3 of the cost. With regard to the fire service, every member on the Board has always praised the professionalism of the Port Chester Volunteer Fireman. Our complaint is not with the service delivered by the volunteers but strictly with the method as to how we pay for it. If we went into a fire district with Port Chester there are a couple of things to consider. Adequate fire service for both Rye Brook and Port Chester. Currently the way things are situated I don't know if that is the best arrangement that can be had for both communities. The newest fire house was built in 1907, they were all built for horse drawn equipment. At that time the center of population was within the Village of Port Chester. The population now is shifting from the center of Rye Brook to up north. The question is as the population shifts further north, could the two communities be better served by a house in Rye Brook and 1 or 2 houses in Port Chester. With regard to a fire district, the district would entail buying into the district. We would have to purchase our share of 48% percent in fire houses and apparatus. Then you get back to the number of fire house issue again that would have to be dealt with before you could move forward on a fire district. The other thing would be I don't know how a fire district is governed. Attorney Powell stated that he believes it is a lot like the Rye Town Park Commission. ' Trustee Pellino stated that he read the article in the paper yesterday and from what he gathered that fire study that was proposed probably can't take place for another three years. Is that correct? Administrator Russo stated that number was never discussed with us by the State. Trustee Zuckerman stated that the agreement is on the calendar for tonight, I don't think it hurts to enter into that agreement and to try to have the State give us the services. I don't think we should depend on that for a decision that has to be made very shortly on this particular contract. In fact it has to be made for fire service for the next one or two years. Trustee Pellino stated that it seems to him that we are back in the same mode that we were about 12 months ago. We are voting on a contract that no one likes, we know we have to have. I intend to go for it because we have to provide public safety. I think it's really falling on this Board to start making some decisions. Until we start looking at all the alternatives that are available to us we are going to be here 12 months from today having the same discussion. 7 July 12, 1994 005,181 Trustee Zuckerman stated that what Trustee Pellino said is what I said a year ago regarding the Board. I have been trying to push the Board to go forward. I think finally we are about to have some movement. It is something that we must do. It is pretty obvious, that if we don't do it we are going to spend a lot more money a lot sooner. Again, Westchester 2000 projected that the costs of fire service for Rye Brook in the year 2000 would be $696,000. Our Village Administrator is projecting more than that for next year based on current conversations we had with the Village of Port Chester. For me this is totally not acceptable. I am prepared to continue discussions with the Village of Port Chester. This contract calls for it's first payment to be made in September. Until that payment is required I am prepared to continue discussion with the Village of Port Chester to try to come up with a solution that is satisfactory to us. A solution other. than the contract that is before us. There is nothing to say that next year Port Chester won't say that they changed their minds and tell us to pay 2 or 3 million. We own the population of Rye Brook a permanent solution to fire protection. Mayor Cresenzi questioned if the audience had any comments or questions. William Nethercott resident of 942 King Street and past Port Chester Fire Chief, stated that he has a list of question but as long as they were talking about Westchester 2000 he would continue with that. Rye Brook has it's own Police and Highway Departments since 1982 what is the percentage of police and highway compare to what you were paying for fire service. Mayor Cresenzi stated that one of the basic things that they have to deal with is that if the residents of the Village are happy with the services that are providing we control what is done with the money. What we are concerned with is $600,000 going to another jurisdiction. Mr. Nethercott stated that it is going to cost you the same amount or more if you start your own fire department. He said that he knows a lot of Chiefs who live in similar communities to this and have no volunteers. Basically they have a fully paid staff and that runs into a lot of money. Mayor Cresenzi stated that there are other options rather than starting our own fire department. Mr. Nethercott questioned if anyone knew the increase of police or fire service. Mayor Cresenzi replied no but the information could be available at the next meeting. He gave Mr. Nethercott an example using the Rye Brook Police Department. Mayor Cresenzi explained that over the last three years we have overhauled the Police Department. We have added significant man power, a lieutenants position, a youth officer, increased vehicles, new fire arm purchase, we re-did the police department. There was a lot of money that we chose to spend on that service. Mr. Nethercott questioned why the money was spent. 8 July 12, 1994 005382 Mayor Cresenzi stated that it enhanced the service to the residents. Mr. Nethercott questioned if the reason being was that since 1980 the community has grown that much? Mayor Cresenzi stated that in 1985 there were 20 Police Officers and a few years ago a Youth Officer was added. Due to the change in policing and the new squad system we have recently added a 25th officer. Mr. Nethercott stated that it seems like by fighting the increases in this fire budget, you are saying that because we have Arrowwood we want to throw more money into police . and highway but you're not willing to say that we should increase our fire protection, too. Trustee Zuckerman stated that we have increased the percentage. Mr. Nethercott stated that Trustee Zuckerman mentioned that Port Chester might charge 2 - 3 million dollars a year. What was the biggest increase since 1980 percentage wise? Mayor Cresenzi asked if Mr. Nethercott feels that there are to many fire houses in Port Chester? Mr. Nethercott stated that he agrees that sooner or later there will have to be a fire house built in Rye Brook. At that time if it does stay with the Port Chester Fire Department there will be volunteer companies that will move up there, but you still have to have paid staff up there to get that initial response. Trustee Zuckerman stated that we are trying to discuss issues that have not been discussed fully with us over a two year period, What we are talking about is making a decision. We have no control over the costs. Trustee Pellino says that he is voting for the fire contract because he has no choice. Trustee Pellino's theoretical position is that if the fire cost was riot $600,000 but $800,000 he still would have no choice. The point is that we need to make choices. There are options that are open to us that we need to pursue. I said my preference would be for the Port Chester Fire Department and the Village of Port Chester to voluntarily say, let's build a fire house in Rye Brook and let's staff it with a couple of companies from the Port Chester Fire Department and close some Port Chester houses, saving everyone money. Cut the overall cost so that the Rye Brook percentage, even if it would stay at 35%, the overall cost for both communities would be less. The fire protection for both communities would be at least the same and hopefully better. The Village of Port Chester have not offered to discuss that option. Mr. Nethercott stated that closing a volunteer fire house in Port Chester would not save money. The money is in the paid mens salaries. We used to have 16, now we are down to the minimum of 12. You need those men, because they are the first ones out of the house. You could close a volunteer company and you are going to save a fire engine. The engine is worth approximately $200,000, break that down over 30 years that it's in service and you are only saving $15,000 a year. 9 July 12, 1994 0 Trustee Zuckerman stated that the point is that we shouldn't be having this discussion here, this is a discussion that should have been had between the Village's of Rye Brook, Port Chester and the respective chiefs. Those discussions haven't taken place. Mr. Nethercott stated that he tried to stay out of this but when he read the article in the paper, it really upset him. Trustee Zuckerman stated that Mr. Nethercott as a Rye Brook resident and a respected former fire Chief is more than welcome to address the Board at any time. The Village of Port Chester apparently wants to maintain total control over the method of staffing. Which is their right under the contract. In the contract it's says that the Village of Rye Brook will have no say. Mr. Nethercott stated that since 1970 the Fire Department has had either a Chief or Assistant Chief from Rye Brook. He added that when he was a chief, the Village purchase a 5 inch hose specifically for protecting Rye Brook because the hydrants are farther apart in Rye Brook and it will give you more water. You didn't know about that i but we were looking into Rye Brook's needs. The problem here is a lack of communication. Trustee Solomon stated that Port Chester is not responding to us. Mr. Nethercott stated that he sees it on both ends. The article in the paper when the budget was being proposed it said that because Port Chester is increasing the fire charge $39,000 then our taxes were going to go 8%. I can't understand how $39,000 up charge could raise a budget that much. Was that a misprint? Administrator Russo stated that we can't believe everything in the newspaper. Trustee Daly asked Mr. Nethercott how many of the paid men are from Rye Brook. Mr. Nethercott stated that none of them are. Trustee Daly asked why that was. i Mr. Nethercott said that Port Chester hires of the local list. What does Rye Brook do with the Police? Trustee Daly said that we hire off a County list. Trustee Zuckerman said that sometimes the decisions in Port Chester are politically motivated. That may be one reason why names are taken off the local list which would exclude people who are not from Port Chester. If ever there is fire service to be provided to Rye Brook, I would hope that you would be involved in some way. We have great respect for you and your ability. The problem is that apparently the Village of Port Chester feels that it is not a benefit to discuss the things that we would like to discuss. We need two side sides to discuss anything. 10 July 12, 1994 005,184 Mr. Nethercott said to Trustee Zuckerman that the article in the paper which he was quoted saying that most of the buildings in Rye Brook have sprinklers with fire proof materials so there is not a need for 3 engines when we only need one. Trustee Zuckerman said that he didn't say that he said that Rye Brook has newer constructions and have more fire retardant materials. I did not say that our homes were sprinklered but our commercial buildings are. I am hopeful that we are going to have our fire code revision soon that would provide that any large buildings will be sprinklered. Mr. Nethercott said that at the hotel fire a couple of miles away he had the unfortunate task of carrying 27 chard bodies out of a building that was sprinklered. As Chief I have had calls from the water company saying that there is no water in Rye Brook. What happens to those sprinkler systems. There are planes coming over Arrowwood how are you going to handle that with the maybe 6 men at the most you would have in Rye Brook. Now with Port Chester you have 4 engines a ladder and a rescue. What do you do in a plane crash? What do you do when you have no water and you have Arrowwood burning? I don't want to see you jump to do something stupid that you are going to lregret five years from now. Give it some thought. Trustee Pellino said they have been giving this thought for several years. We know the seriousness of the decision. Mr. Nethercott offered his help in any way with fire service. f Mayor Cresenzi said that there is a communication problem between the Villages of Rye Brook and Port Chester and questioned if Mr. Nethercott would assist in opening that dialogue between the two boards. Mr. Nethercott stated that he would be happy to try that. He said that he hopes the Board votes for the contract tonight. He thanked the Board for the opportunity to speak. Mayor Cresenzi asked if anyone else would like to speak. Ed Quinn at resident of 219 Neuton Avenue in Rye Brook I am also a volunteer at Port Chester Fire Department. Prior to that for twelve years I was a volunteer fire fighter with the North White Plains Fire Department. The last few years I served as Chief for North White Plains. A fire district is run as a separate part of a total government. There is a Board of Fire Commissioners. They do the work. It is not up to the Town Board. Trustee Zuckerman asked Mr. Quinn if he could explain the guidelines for the makeup of that Board. 11 July 12, 1994 ()0 .7 Mr. Quinn said that it is a vote to the public and they serve a five year term. He stated that his Department 2 1/2 years ago went out and collected the same figures that you see in front of you. We were going to build a new fire house. To start any type of fire department is going to cost some money. It is going to cost roughly 10 times the cost estimated in the paper and quoted tonight of $607,348.00. To get into what you would need as illustrated by line one you would need a minimum of two class A pumpers, one ladder truck, one rescue truck and a chief's car which would cost anywhere from 1 million to 1.6 million. It is now law that each fire fighter has to have their own set of gear and each set can cost up to $1,500. To build a new fire house you would have to follow all New York State laws. This does not include any electrical, phone, heating, air-conditioning, water bills, food, furnishings, tables and chairs, etc. This would cost anywhere from 1.8 to 2.5 million dollars and this does not include the land. Sometimes land is dedicated to municipalities but not always. You have to figure out who is going to man these quarters. You would need paid firemen to be at the house plus you would need volunteers. He questioned if the Village wanted to get volunteers that live in Rye Brook that currently volunteer in Port Chester to leave Port Chester and volunteer in Rye Brook. To start their own department, instead of paying $607 thousand, you will have to find $5,000,000 to start your own department. Mayor Cresenzi stated that this is something that we have been discussing for over two years and we have had experts and consultants throughout the Country come and speak to us and I would certainly take issue to the 5 million dollar number. He added that we are not holding a hearing to start our own department, we are saying that we feel that the percentage of the fire contract that we are currently paying now has projections to 1998 of just under a million dollars for something that we have no say in how it is run and how the money is spent is excessive. Trustee Solomon stated that there is a premise here that goes back to 1776 'No Taxation Without Representation". We just want to be part of the loop. Mayor Cresenzi questioned how many calls a year on which is Mr. Quinn basing the apparatus requirement. Mr. Quinn stated that he based it on about 400 calls. When he heard that the figure was $607,000., he did not think it was a bad figure with his experience with another department. Mr. Quinn questioned why this is all coming to a head now. Trustee Daly stated that we have been discussing this for a long time, but we cannot get Port Chester to come to the table to discuss this with us. Mayor Cresenzi stated that if the Board of Trustees votes no on the fire contract, Port Chester is not obligated to provide fire services so literally, Port Chester has a gun to our heads. Trustee Daly stated that currently Rye Brook residents are not able to become paid firemen in Port Chester. 12 i # July 12, 1994 qEj Bill Nethercott stated that he assumed that Rye Brook residents were part of the local list but when; the lists were received from the County, Rye Brook residents were not on that list. I called the County and they said that if they are not residents of the Village of Port Chester, they'.could not go on the local list. This was"not a decision made by Port Chester, but4by Westchester County. Bill Irwin, 3 Phyllis Place stated that in the contract it states that at any given time, for $600,000 the;Village of Port Chester only has to send one fire apparatus to Rye Brook. Rye Brook is getting a lot more right now. You are getting three engine companies, fire patrol and a'ladder company. This.contract should state what it should be getting. Bickford Hirjchey stated that the service is very`.good, however, as a taxpayer, he supports the Board for questioning this. If the Board votes this down, can this be negotiated through arbitration. Mayor Cresenzi replied no and asked Attorney Powell to explain from a legal point of view. Attorney Powell stated that two years ago he looked into that and if the contract is voted down, there is no legal obligation to provide the Village of Rye Brook with fire services. Trustee Zuckerman stated that he would feel more comfortable with this contract if a second year was added to it at no additional cost increase over the current year. He asked Administrator Russo to contact Village Manager, Michael Graessle to see if that could be accomplished. He also asked that the Board direct the Village Administrator, Village Attorney and the Facilities Committee to investigate and report back to this Board on the feasibility of acquiring possible sites for the construction of a firehouse in the Village of Rye Brook. Two sites that come to mind is the property in front of Crawford Park, which has been designated as municipal use and the property adjacent to the Hutchinson River Parkway, north of the intersection along Ridge Street, which is currently owned by the State and may be surplussed. He added that he would prefer that a report be given on this investigation prior to the August 23, 1994 meeting as to the feasibility of acquiring any of these sites because we all agreed that at some point, a site will be needed and we should start now. Trustee Solomon stated that he would prefer to stay at the current figure until the fire f study is completed. He also stated that he would like to set up meetings with Port Chester to discuss things. Mayor Cresenzi stated that the Board would try to contactTort Chester and set up a meeting and-hopefully with the assistance of Bill Nethercott we could get them to come to the table.' Mayor Cresenzi recommended that we adjourn the meeting tonight and early it over to the August 23, 1994 meeting. 13 July 12, 1994 0 5 8 On Motion made by Trustee Solomon, seconded by Trustee Daly, the public hearing was adjourned to August 23, 1994. i TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE REPORTS 3. BYRAM RIDGE REZONING STUDY Thomas Gissen of Frederick P. Clark Associates stated that he was here to discuss the Byram Ridge Rezoning Study that was authorized by the Board of Trustees. We were initially asked to identify the specific study area and to do an analysis of lot areas within that study area and at our last meeting before the Board, we presented that information with regard to the,total area and individual streets. Those measurements were done based upon a map that is part of the draft tax maps of the Town of Rye. At the last meeting, the Village Board requested that we use the newly available disk status from sual and take electronic measurements from that and do a.lot analysis and then prepare ' a color coded map which would show the lots by lot size. Mr. Gissen stated that this work has been completed and a memo sent to the Village Board which he briefly reviewed for the public. He then reviewed the color coded maps with the Village Board and explained that the colors range from darker to lighter indicating smaller lots to larger lots. The lots that are reddish, brown are less than 15,000 square feet in size. Those that are a dark brown are 20;000 square feet in size, those that are light brown are 20,000 to 25,000 square feet in size, those that are tan are 25,000 square feet to 30,000 square feet in size, those that are yellowish are over 30,000 square feet in size. The purpose of the study was to look and see if maybe, given that there were a lot of larger lots, if there might be some area that could be clearly broken off that were appropriate for an R30 or R25, but what we find is that although the smaller lots do tend to occur in clusters to a certain degree, those clusters are spread out throughout the study area, which makes it really impossible to break off a specific area as R25 or R30 unless they are willing to accept one, of two things. We would either have to have extremely gerrymandered zoning districts lines, which is called the quilting effect or you would have to be willing to accept that you are going to have a fairly substantial number of undersized lots created within the newly created zoning district. Generally speaking, we don't recommend re-zoning in a largely developed area that would result in a half, a third or even a quarter of a lot becoming non-conforming with a basic standard of lot area. Also, unless there was a major reason in opposition, we would generally not recommend approval of a subdivision where a third, half or quarter of the lots didn't meet the basic minimum lot area standards. This is really.a policy decision for the Board of Trustees and if there are any questions, Mr. Gissen stated he would be happy to answer them. 14 July 12, 1994 Cynthia Schoss questioned the merger issue and stated the for example, she has four lots, two of which are only slivers and questioned how they would show up. Mr. Circosta stated that there is a question with regard to building lots and tax lots. A tax lot is not necessarily a building lot. Ms. Schoss might what easier way to go at that merger of ownership issue be if the people who live on the properties submit copies of their deeds instead of the Village hiring Frederick P. Clark Associates to trace through all of the mergers. Mr. Gissen stated that the mergers are sometimes something that could have been required even if somebody didn't actually do it. Ms. Schoss stated that if a fair number of these lots are actually merged and not subdividable at this stage, that seems be a distorted picture. Mr. Gissen stated that it may be overstating, but we do not feel it is very significant because for most of them, you can actually see the houses underneath them and there aren't that many of them. I Trustee Zuckerman stated that in looking at this, you can see that Beechwood Blvd is l+ almost exclusively over 30 and there is only one piece there that is 25 to 30 and on Hillandale Road, it is mostly over 30 except for the two pieces closest to the circle and a couple of pieces all the way at he other end. A lot of that is skewed with the Messina Subdivision in there because that chopped up several because had it not been there, that entire area would have all been over 30. He questioned if Mr. Gissen could have copies of the map made for the Board so they could look at it closer. Mr. Gissen stated that he could have the copies made and added that common ownership does not necessarily mean merging. A person may still retain their rights to sell one off. Trustee Solomon questioned how much does it get skewed by lots that you really can't build on according to the Zoning Code. Mr. Gissen explained that the problems is that unless the lot is considered a separate lot and has not been merged with another lot by virtue of the power of the zoning law than whether it meets the current standards or not, they are entitled to build on it. They have to meet the current setback requirements but if they don't meet the lot width or something else, they are grandfathered. The Board thanked Mr. Gissen for his report. Mr. Gissen stated that he would have the copies available for the Board as soon as possible. 15 July 12, 1994 005389 4. WETLANDS LAW UPDATE Administrator Russo stated that a series of questions were asked at the last meeting and we are still in the process of fully answering them but we do have some information. Jim Donovan broke down the zoning map and plotted all the known wetland j watercourses and waterways in the Village. We also have Rye Brook's proposed law filled in on the chart so the Board could get an idea where Rye Brook stands. He turned the floor over to Isabelle Sherlock, Chairperson of the Advisory Council on Environmental Conservation. Isabelle Sherlock, Chairperson of the Advisory Council on Environmental Conservation stated that she contacted a number of municipalities that were listed. Based on buffer zones, they agree that mapping of the wetland was unnecessary, because most of the mapping that has been done is inadequate and the thoughts of making new maps is absolutely prohibitive in cost. They felt that their wetland laws were a very important law that was passed and recommended that the Village of Rye Brook adopt a wetlands law. If they had any areas of their law that they would improve, it was only because they would extend the buffer zone, which has been bone of contention with the Board against the Council and Frederick P. Clark Associates recommendations of buffer zones. Mrs. Sherlock stated that if the Board feels that there is anything that has not been covered, they should address this as soon as possible so we could obtain further information. . Trustee Pellino questioned, in reference to the 100 foot buffer, how the Board and the Environmental Council would feel about doing something for our residents by having a one acre waiver which would effectively remove those kinds of things from strict adherence but could be handled by the Planning Board on a case by case basis and then larger projects would be applicable to the 100 foot buffer. Mrs. Sherlock stated that speaking for the Council, we do not have any objections to the one acre minimum area, however, it should be discussed with Frederick P. Clark Associates. Administrator Russo stated that he does not see any major piece of undeveloped land that wouldn't apply if you still put a one acre minimum on it. It would eliminate most of the Mayor's concerns with regard to causing people in residential zones undue hardship. If he understands correctly, we are proposing that under the minimum size of regulated wetlands, we will have a one acre minimum size and leave all of the other terms the same. We could amend the law to permit this. Mrs. Sherlock stated that one of the interesting things that she found out was that after the June 14, 1994 agenda meeting when Mr. Konigsberg and Mr. Meyer were in attendance, they spoke about the fact that they had a Wetlands Inspector within the Town of New Castle. I telephoned him the next day and he said that at any time, he as a qualified inspector if available to come to any property, for any municipality and give his expert advice. 16 July 12, 1994 0 U 5 W •;} Trustee Zuckerman stated that in addition to the one acre qualification, he added that he would like to see some requirement in the definitions, for example of what the structure is. We have residents that have property in excess of an acre and if they are going to construct a deck or a minor addition or put a large swingset in, they should be treated differently than somebody who is going to subdivide and put in three houses. Trustee Zuckerman stated that this is a good law but still needs to be further refined and in aeference to the Approval Authority, the Village Board should be the approval authority only on a matter that would otherwise come before us. Mrs. Sherlock stated that these are questions that have come up in the past and were gone over and added that she was sure that if a public hearing is held, James Donovan could be available to answer any questions and we could further address these concerns, but I would not like to think that we are going to postpone the public hearing, once again, for reasons that we have discussed at the last meeting and the two meetings prior. To change definitions and define structures would be very difficult because you would have to define any types of numbers of structures and our Building Department and Village Engineer is more than capable of making those decisions if the plan is submitted. 1 Mr. Circosta stated that the Building Department does not require a permit for a swingsets or any detached storage structures less than 100 square feet, however building permits are issued for decks and additions. The structure definition is in the Zoning Law. Trustee Zuckerman added that items that would come to the Board under the Wetlands Law should be approved by the Planning or Zoning Board or whoever we decide is the appropriate party, but not the Village Board. Mrs. Sherlock stated that in the Wetlands Law, it states that the approval authority can be the Village Engineer on certain items, but over and above that, it would go to the Village Board. Some of the municipalities that do have the Planning Board's involved in their Wetlands Law say that if you get the Planning Board to say that they will be willing to take that on is one thing and those who are willing to take it on, it is a good place for it to be, but most Planning Board's who do have it choose to take it off of their list of responsibilities. Trustee Solomon stated that he would like to see this move forward to a public hearing process and questioned when the Board could set a public hearing date. Mayor Cresenzi stated that he has a conflict with the July 26, 1994 meeting at 7:30 p.m. and questioned if the Board could meet earlier on that day or a different date. After much discussion, the Board agreed to meet at 5:30 p.m. on Tuesday, July 26, 1994 and at that time, set a public hearing to be held on Tuesday, August 9, 1994 on the Wetlands Law. 17 July 12, 1994 00539 1 Attorney Powell stated that he would make modifications as to the one acre and review within the law as it was presented the approval authority. After the Board reviews the updated law, they can then call for the public hearing. Trustee Pellino suggested that an updated Wetlands Law be forwarded to James Donovan of Frederick P. Clark Associates prior to the meeting. Mrs. Sherlock thanked the Board of Trustees. i DISCUSSION 5. ADOPTION OF CODIFIED ZONING CODE Attorney Powell stated that Administrator Russo had mentioned about doing a resolution calling for public hearing to codify the Zoning Code which the Board received a few meetings ago. I mentioned that the Codification that comes from General Code Publishers probably isn't up to date now because there have been several amendments 1 made to the Zoning Law. Administrator Russo stated that we have to send this back to General Code Publishers and have it updated with everything we passed since it was codified and to date, get that codification back adopted and then we will forward on further changes. It should only take a few weeks. Attorney Powell stated that to codify, you need to get the final version of the code adopted and then from there you make amendments based on the code but if you are making amendments to the zoning law at the same you are codifying, the amendments you are making to the zoning law are going to be under a complete different numbering system than the codification of the code so if you codify the code and adopt a local law based on the old numbering system, you are not amending the actual code. Trustee Zuckerman stated that we should hold off on the Bulk Standards Law until the Zoning Code is Codified and the Board agreed. 6. BERNARD FISCHMAN CORRESPONDENCE RE: UNDERLYING RESIDENTIAL ZONE HIGH POINT HOSPITAL Administrator Russo explained that we received a communication from Bernard Fischman, who is the attorneys for High Point Estates, Inc. The letter is attached and was read into the record. 18 July 12, 1994 005392 Trustee Pellino stated that he referenced the Zoning Code on this issue and feels that it was left out of the code by mistake. In the second paragraph, the PUD overlay zone is applicable only upon application and approval by the Board of Trustees, if he read it correctly. William Null, of the lawfirm Cuddy & Feder stated that the PUD provisions state that it becomes part of the zoning law upon going through the entire PUD process, but the { applicability of that process for that site is evidenced in the zoning code. Trustee Zuckerman stated that even though the R20 is currently the larger zone, we do have under consideration, although it probably will not be passed, the possibility of an R25 or R30 zone and we should consider the High Point Site for that kind of treatment since it does contain approximately 140 acres until we make a final determination that there will be no zone larger than an R20, I would like to hold that in abeyance. Mayor Cresenzi stated that if the Board is in agreement to change this and is agreement with this letter, what is the procedure the Board needs to follow. Attorney Powell stated that there is a lengthy procedure which would include the drafting of a zoning amendment, it would need to be reviewed and determined what type of action it would be under SEQR, determine whether to make a negative or positive declaration, refer it to Planning Board, hold a public hearing and solicit input from the Westchester County Planning Department. He added that the procedures are very complicated. Mr. Null explained that he was present this evening representing his client, High Point Estates. The current possibilities on that site as indicated in the development of Doral Greens at Arrowwood is potentially up to 8 units per acre under a PUD area of 30 acres. Given it is a 140 acre site, you could have 4 PUD developments and the maximum under the PUD provisions are 250 garden apartments per PUD development so you could have 1,000 units plus under that calculation. When you compare that with half acre zoning, you have the slightly reduced density that is being discussed. You have 280 units maximum not counting the reduction for roads. We are not looking to reduce the density, but if you compare 280 to 1,000, and you see that there is a comparative impact in evaluating what the effect is at that site. In acknowledging in what appears to have ! been an error in the codification of the OB1 district with regard to the zoning law that is currently drafted in OB2 and OB3, you have the possibility for residential development which would have less intense traffic impact than would the office development which be permitted under any of those. It is logical, although it is a policy issue. The Rye Brook North Study that was done several years ago considered the density development on that site at 8 units per acreage as appropriate. Now you are dealing with two units per acre at R20 and the Board is thinking about making it even less which abandons a good deal of work that was done at that time under a generic EIS completed under SEQR. When you look at this as a clarification of what appears to have been a misprint of the codification of the initial law, it is a little less involved on a policy level, even though the procedure remains the same. 19 005,139 3 July 12, 1994 Trustee Zuckerman stated that he finds it difficult to believe that OB1 was the only zone ever put on that property. Mr. Null stated that as for the Village of Rye Brook, that was the only zone. Trustee Zuckerman stated that it could have been different when it was the Town of Rye. E Mr. Null stated that the Village of Rye Brook reprinted the Town of Rye Zoning Code and adopted it independently as a different political entity. What did Rye Brook adopt and what did they print. He is only concerned with the intent of Rye Brook, not Rye f Town and if this Village's intent was to permit an underlying residential zone in each of its commercial districts, that is not being carried out in the OBI district. Trustee Zuckerman agreed but stated that the underlying question is what was printed as opposed to what was intended. If there was a misprint, we should go deeper into determining what should be the underlying residential zone. Mr. Null stated that the Village of Rye Brook saw fit to say that residential development on that property had a density of 8 units per acre is acceptable and we are now talking about a density of 2 units per acre. When you compare that two, there is a difference because in a PUD district you have attached housing to consider and what is contemplated under R20 typically, would be detached housing so there is a difference there but it is not an issue of residential development as compared to commercial development only in the OB1 district because on top of that the PUD district allows for mixed use developments, some retail and some garden apartments. Ultimately, what the Village will probably want to do is come back to what is the intent and the policy to the development of that area on a planning basis. We are now trying to see whether it is only residential development at an 8 unit per density of attached development or whether it is residential development at a lesser density detached. Mr. Gissen stated that more discussion of a policy should go on at some point, if not tonight and not necessarily through an environmental impact statement but it appears that the Village clearly recognizes that there was a problem with residential in the area caused principally because of the airport and the noise level that is in that area and one of the reasons for PUD in that area as documented in the Rye Brook North Study is the recognition that there needs to be more diversity of housing and it is a good opportunity for multi-family, however it does not mean that it is not necessarily good for single family housing. Trustee Zuckerman questioned if the Board would consider changing the OB1 Zoning to something else. i Mr. Null pointed out that this is not a request to re-zone this site, only a request for i clarification. 20 05394 July 12, 1994 Trustee Pellino stated that if the Board wanted to re-zone, that parcel is still subject to the PUD overlay regardless of its zone so I do not know what we would be accomplishing by discussing changing the primary zone. Adding the underlying residential zone of R20 gives you the diversity of uses that are probably from a practical standpoint, most appropriate for that area. .Mayor Cresenzi stated that he has no problem with this request and questioned how to move it forward. Attorney Powell stated that it is a zoning amendment and it would need to be reviewed and determined what type of action it would be under SEQR, determine whether to make a negative or positive declaration, refer it to Planning Board, hold a public hearing and solicit input from the Westchester County Planning Department. Administrator Russo suggested that we will look at the Rye Town Code and see if in fact it was left out when it was re-printed and we codified our code. Mayor Cresenzi suggested that we gather the necessary information, distribute it to the Board and continue this discussion at the July 26, 1994 meeting. 7. JOHN BRANCA, MAYOR VILLAGE OF PORT CHESTER RE: REQUEST FOR FIRE SERVICE STUDY Administrator Russo stated that this was previously discussed during the Public Hearing on Fire Services. RESOLUTIONS 8. ADOPTING NEGATIVE ENVIRONMENTAL DECLARATION LOCAL LAW INTRODUCTORY #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 On Motion made by Trustee Daly, seconded by Trustee Solomon, the following j Resolution was hereby adopted: RESOLUTION ADOPTING NEGATIVE ENVIRONMENTAL DECLARATION LOCAL LAW INTRODUCTORY #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 21 July 12, 1994 0052395 RESOLVED, that the Board of Trustees hereby adopts the accompanying negative environmental declaration for Local Law Introductory #8-1994 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. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. ADOPTION OF 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 On Motion made by Trustee Daly, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION ADOPTION OF LOCAL LAW INTRODUCTORY #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 RESOLVED, that Local Law Introductory #8-1994 is hereby enacted into Law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Attorney Powell suggested that item #10 pertaining to the approval of a litigation settlement be discussed in Executive Session. 11. REFERRAL TO THE PLANNING BOARD AMENDMENT OF SPECIAL USE PERMIT MOBIL SERVICE STATION/HOURS OF OPERATION On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following Resolution was hereby adopted: 22 July 12, 1994 005396 RESOLUTION REFERRAL. TO THE PLANNING BOARD AMENDMENT OF SPECIAL USE PERMIT MOBIL SERVICE STATION/HOURS OF OPERATION SECTION 1, BLOCK 23, LOTS IA.2A,IA.2B,1A.3,1A.4A,1A,4B & 1A.5 WHEREAS, an application was received from Rye Center Service Station for an amendment to their Special Use Permit for the property located at 101 South Ridge Street and also known on the Official Tax Assessment Map of the Village of Rye Brook as Section 1, Block 23, Lots 1A.2A,1A.2B,1A.3,1A.4A,1A,4B & 1A.5. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers this application to the Planning Board this 12th day of July for their review and recommendation; and be it FURTHER RESOLVED, that the applicant shall contribute to the Village of Rye Brook, the sum of $500.00 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 I TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12. ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, P.C. FOR PROFESSIONAL ENGINEERING SERVICE FOR GARIBALDI PLACE PARKING AREA On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION I ENTERING INTO AGREEMENT WITH DOLPH ROTFELD ENGINEERING, P.C. FOR PROFESSIONAL ENGINEERING SERVICE FOR GARIBALDI PLACE PARKING AREA RESOLVED, that the Village of Rye Brook is authorized to enter into agreement for Professional Engineering Services in connection with the parking area on Garibaldi Place; and be it FURTHER RESOLVED, that the Village of Rye Brook will pay the following for said services: 23 ��YeAe� July 12, 1994 Preliminary Design Phase: $1,500.00 Final Design Phase: $2,500.00 Construction Phase: Billed on a per diem basis for personnel assigned and time on the project TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. SETTING PUBLIC HEARING FOR PROPOSED LOCAL LAW INTRODUCTORY #9-1994 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 On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION SETTING PUBLIC HEARING FOR PROPOSED LOCAL LAW INTRODUCTORY #9-1994 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 RESOLVED, that a public hearing will be held by the Village of Rye Brook Board of Trustees on Tuesday, July 26, 1994 at 5:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, NY on proposed Local Law Introductory #9-1994 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. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 24 i July 12, 1994 005398 14. AWARDING CONTRACT #9402 REHABILITATION OF TENNIS COURTS AND BASKETBALL COURTS Administrator Russo explained that this was for Garibaldi Park and Pine Ridge Basketball Courts and two tennis courts at Pine Ridge Park and the fence replacement. t The company that had given us a preliminary estimate on the cost of this project for budgetary purposes, did not bid on it. This company did not receive a copy of it in time to bid and although this is a perfectly legitimate bid the other company's preliminary estimates were approximately $7,000.00 lower than all of the other bids. He referred to Attorney Powell to see if it was legal to reject the bid. Trustee Zuckerman questioned if the other company did work in the Village in the past and if we were satisfied. Mr. Hroncich replied yes to both questions. Trustee Zuckerman questioned if it was a strong possibly that the Village will save approximately $7,000.00 by rebiding. Administrator Russo stated that there is no guarantee. Mayor Cresenzi suggested that the Administrative staff handle it however they see fit. i Attorney Powell stated that the Board would have to reject the bids. Trustee Zuckerman and Trustee Solomon, both withdrew the motions that they made earlier to adopt the resolution. On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby rejected: RESOLUTION AWARDING CONTRACT #9402 REHABILITATION OF TENNIS COURTS AND BASKETBALL COURTS WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract #9402 entitled 'Rehabilitation of Tennis Courts and Basketball Courts; and WHEREAS, a public notice was prepared and duly advertised; and i WHEREAS, bid proposals were sent to six vendors; and WHEREAS, on Wednesday, June 29, 1994 the Village of Rye Brook received one bid proposal which was publicly opened and read; and 25 005390 July 12, 1994 WHEREAS, the Director of Public Works has reviewed the documents and has made a recommendation that the bid be awarded to Copeland Coating Company of Brewster, New York, the sole bidder. NOW, THEREFORE, BE IT RESOLVED, that Contract #9402, entitled: "Rehabilitation of Tennis Courts and Basketball Courts" be awarded to Copeland Coating Company, Inc. of Brewster, New 'I York for the approximated sum of $45,350.; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to enter into agreement with Copeland Coating Company, Inc. and to execute all necessary documents. i TRUSTEE DALY VOTING NAY TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15. SETTING PUBLIC HEARING ON PROPOSED INTRODUCTORY LOCAL LAW #10-1994 TO PRESCRIBE BULK STANDARDS IN VARIOUS ZONING DISTRICTS Administrator Russo explained that this item would be held off until the codification of the zoning code. 16. APPROVING PAYMENT FOR GENERAL CONSTRUCTION J CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Solomon, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION APPROVING PAYMENT FOR GENERAL CONSTRUCTION j CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that payment in the amount of 27,739.84 be hereby approved and made to Marathon Orbit Co. 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 NAY MAYOR CRESENZI VOTING AYE 26 July 12, 1994 005400 17. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On Line Checks: 9294-9391 Pre-Paid: NONE Payroll Checks: 13264-13502 Environmental: 428-429 Recreational Trust: NONE Capital: 2157 Birthday Run: 2048-2052 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 NAY MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 18. MICHAEL STOLZAR, AMERICAN RED CROSS RE: ANNUAL TURKEY TROT TO BE HELD ON THANKSGIVING DAY, THURSDAY, NOVEMBER 24, 1994 Administrator Russo read a letter from Mr. Stolzar and explained that the Village gives their permission for this event annually and Chief Santoro is kept informed by Mr. Stolzar. Mayor Cresenzi and the Board granted its approval and directed Administrator Russo to contact Mr. Stolzar and inform him. 27 July 12, 1994 005401 REMINDER..... THURSDAY, JULY 14, 1994 - 7:30 P.M. PUBLIC HEARING SUBDIVISION APPLICATION HOWARD LOEWENTHEIL, INC., 6 HAWTHORNE AVENUE SECTION 1, BLOCK 15, LOT 38 TUESDAY, AUGUST 23, 1994 - 7:30 P.M. PUBLIC HEARING ...(Continued) CONTINUATION OF OPEN SPACE EASEMENT FOR THE BLIND BROOK CLUB PROPERTY ITEMS FOR JULY 26, 1994 PUBLIC HEARINGS i 1. PROPOSED LOCAL LAW INTRODUCTORY #9-1994 ENTITLED: A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW I CHAPTER 47 TO PROVIDE FOR REIMBURSEMENT OF PROFESSIONAL CONSULTING FEES 2. PROPOSED INTRODUCTORY LOCAL LAW #10-1994 TO PRESCRIBE BULK STANDARDS IN VARIOUS ZONING DISTRICTS RESOLUTIONS i 3. APPROVING THIRD PARTY CUSTODIAN AGREEMENT WITH BANK OF NEW YORK AND BANK OF NEW YORK TRUST COMPANY 28 July 12, 1994 005402 AD IOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the Board adjourned into Executive Session at 9:45 p.m. to discuss litigation matters. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE CONVENE The Board convened to public session at 10:45 p.m. and voted on the following resolution. 10. APPROVING SETTLEMENT OF LITIGATION On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION APPROVING SETTLEMENT OF LITIGATION RESOLVED, that the Board of Trustees hereby approves the settlement of litigation in the case entitled: Watson et al v Mayor and Board of Trustees, Index No. 1916 4/93 in accordance with the accompanying stipulation discontinuing proceeding; and it is I FURTHER RESOLVED, that the Village Attorney is authorized to execute and deliver the stipulation on behalf of the Village. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING NAY TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE I ADJOURNMENT There being no further business, the meeting was adjourned at 10:50 p.m. Respectfully submitted, Eliz eth Bottali Secretary to the Village Board 29