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HomeMy WebLinkAbout1995-08-22 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING AUGUST 22, 1995 7:30 P.M. PLEDGE OF ALLEGIANCE ACTIO PUBLIC HEARING 1. BROOKRIDGE COURT HOMEOWNERS ASSOCIATION SITE PLAN APPLICATION RESOLUTIONS 2. APPROVING POLICE MUTUAL AID & ASSISTANCE PLAN WITH WESTCHESTER COUNTY 3. APPROVING USE AND DISSEMINATION AGREEMENT WITH NYS DIVISION OF CRIMINAL JUSTICE SERVICES 4. APPROVING AMENDMENT TO VILLAGE OF RYE BROOK INVESTMENT POLICY AS PER STATE COMPTROLLER 5. SUPPORTING LEGISLATION URGING EARLIER BAR CLOSING HOURS 6. REFERRAL TO PLANNING BOARD AVALON PROPERTIES: AMENDMENT TO PUD DISTRICT PROVISIONS TO PERMIT A RESIDENTIAL HOUSING DEVELOPMENT ON THE ATRIUM SITE 7. BOARDS, COMMITTEES & COUNCIL APPOINTMENTS 8. CHECK REGISTER APPROVAL OF MINUTES 9. NOVEMBER 22, 1994 10. DECEMBER 27, 1995 11. FEBRUARY 28, 1995 12. MARCH 28, 1995 13. APRIL 10, 1995 14. APRIL 25, 1995 15. MAY 9, 1995 MINUTES OF A REGULAR MEETING 00-5891 VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK AUGUST 22, 1995 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 Joseph Pellino Trustee Randy A. Solomon Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Also present were: Christopher J.Russo,Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Elizabeth Bottali, Secretary to Village Board Joseph Cortese, Village Treasurer was not in attendance at this meeting. 1 005898 August 22, 1995 PUBLIC HEARING 1. BROOKRIDGE COURT HOMEOWNERS ASSOCIATION SITE PLAN APPLICATION Mayor Cresenzi opened the public hearing at 7:30 p.m. and introduced Joshua Seigel,who is representing the Board of Directors of the Brookridge Court Homeowners Association for the request of this site plan amendment. Mr. Seigel explained that this is a two part request one that has to deal with the request to change the previously approved grass Crete pavement on the parking lot to blacktop. We had drainage studies and it is stated on the third page of the report that there will be less drainage than when it was a nursery. We also sent a letter to Rye City and they have responded that they have no problem with the proposed application. He pointed out that the Planning Board approved this same request in November 1989 but at that time,the developer went bankrupt. The other amendment that we are looking for is the addition of security gates at the front entrance with an intercom system. We solicited responses from Fire and Police and they have responded stated that they have no problems with these requests. He showed a site plan of the development and pointed out where the changes would take place. As far as emergency vehicles getting into the site, all they have to do is hit their siren and the gates will automatically open. If it is not an emergency and they want to just come in,they will be given a code which will open the gates or if they so choose, we can provide them with remotes to open the gates. We have also spoken with regular delivery services that need access to the site who will also be provided with codes. As far as protection for this intercom system, we are proposing to install two bollards made of concrete on each side of the system in case a car were to run into the system prior to hitting the intercom system they would hit the bollard first. Mayor Cresenzi questioned what necessitates having these security gates when our other private developments in Rye Brook do not have controlled gates or intercom systems. This may not set a good image for the Village. Mr. Seigel stated that one of the reasons is that recently, since the site is almost complete,we have had an increased number of children on the site and we have found that people have been going through the site,down to the brook, where we have a park area. We have had four incidents where people have been drinking down there,kids racing their cars up and down. We discussed speed bumps with the Village's Planning Consultant and were told that they are the least desirable way to go and causes a number of other problems that we would have to deal with. We have discussed small fences that alternate with cars going back and forth but it was the Boards opinion that this would be the best idea. Mayor Cresenzi questioned if Chief Santoro received complaints over the past year regarding speeding and drinking on the site. Chief Santoro stated that this is the first that he has heard of either complaints. He questioned if the drinkers were walk-ins or drive-ins because once the gate is up, they can walk in. Mr. Seigel stated that they are looking to restrict vehicle traffic. We are not putting an iron gate around the place,only simple control arms. Trustee Pellino questioned if there was suitable turn around for sanitation and delivery trucks and if they would be backing out. 2 005899 August 22, 1995 Mr. Seigel stated that presently they do not back out, we have made it so that they tum around in circular quadrants. John Barrett, President of the Brookridge Homeowners Association stated that we starting talking about this three years ago. He stated that he is an original owner,paid a lot for his home and is concerned with the safety of the complex. People from outside the complex come in and speed around the comer to look around and one child has already been hit by a car in the complex and we are concerned about our children. There are 46 owners and the majority are in favor of it. Mayor Cresenzi questioned why none of these concerns have been addressed to the Police Department if this is a safety issue. Mr. Barrett stated that the police have been notified and have been in their plenty of times chasing kids out who were breaking into the unfinished units. A resident of Brookridge Court stated that she was never asked whether or not she wanted a gate. Even with the gate, there is still room for acceleration. As far as the beer cans in the area, we don't know whether or not they are from members of the complex or outside residents, as there is no proof. There are 18 new units that have just been moved in and none of them have been asked about the gate and it is going to be a major change in our lifestyle. A two year resident of Brookridge Court agreed with the previous speaker adding that there was never a meeting of the homeowners to discuss this issue. The Board of Directors have taken this on their own. The annual meeting which was scheduled for June 15th was not held this year so nobody has had a chance to provide any input. I would suggest that this issue be tabled until we have our annual meeting. Deacon Jack Munnick of 13 Wyman Street complained of drainage problems in the area and adding blacktop rather than grass Crete, this will not help. Originally,these homes were supposed to be even with those on Wyman and they are not. At night when they come in to park, the lights shine right into our rooms. The gate may help residents on Wyman as I have never seen one person coming out of Brookridge make a stop prior to exiting their complex. The other issue is the park at the end of the street. In the Planning Board minutes it was stated that this complex would not prevent residents from going down to look at the brook or to sit there but from the beginning, it seems to us that when you walk in there you are told that you must leave and that it is private property. I remember coming to meetings here and promises were made that the brook end would never be closed to us. What about the stockade fence to lend privacy to the residents. Laws regarding weeds are not being adhered to. There was poison ivy growing up the trees and they sprayed something that killed the lawns in the back and some trees as well, He added that he was told by Mr. Seigel that they were going to tie the stockade fence to the old Lundell Fence. Some of the residents let their dogs defecate on Wyman Street and leave the mess and we want to be good neighbors so we don't call the police. Many of these residents are very friendly and we welcome them as neighbors. One area resident complained that we hang our clothes on the line and questioned if their was a law against it. Nothing is complete over there and nothing should be ruled on tonight until these issues are resolved. Mr, Seigel stated that grass crete is not good as it is a parking area and it will not remain green. We will have to stripe them, clean the snow and ice off of them and blacktop is definitely the more desirable material to use. As far as drainage goes, by blacktopping them, less water would go to the neighboring properties because it would all be absorbed by the drainage system that we have in place and not absorbed into the ground which is shown in our study. 3 00,9000 August 22, 1995 Mr. Seigel stated that as far as the public park goes, I have researched the minutes from 1984 through 1991 both Village Board and Planning Board meetings and a public park is not mentioned at all. The only time it was mentioned it was stated by the Mayor that the issue was unresolved. In regard to items not being completed at the site, we would love to complete the site but we are now on our fourth entity with a Village holding a bond that we are trying to have the FDIC turn over to us so that we can complete the site. The issue is really the gates and the grass trete or blacktop. Mr. Heller suggested that the gate sends the wrong message, is dangerous and prevents access to the brook to all Rye Brook residents wishing to get in. He suggested also that a stop sign be placed at the exit. Janie Parish, a new owner of Brookridge Court stated that this issue should be tabled until the next Homeowner's meeting. She suggested that perhaps among the 42 residents in the complex, we could address the speeding issue as she has seen many residents speeding in the complex. W. Seigel stated that the annual meeting will be held in September at which time it will be brought before the homeowners. We would like to go the homeowners and say we have received approval from the Village, do you want it? Just because the Village gives approval, doesn't actually mean it will be done. If the homeowners decide they don't want it, it will not happen. The Vice President of the Brookridge Court Homeowner's Association stated that this was not rammed down the homeowners throats. We did a survey two years ago in reference to the gate and they were in favor of it. Many of the issues that are being raised here this evening are not an issue for this meeting. We intended to poll all of the homeowner's at the September meeting and if we vote no, we will not do it whether the Village approves it or not. I would like the development finished and to live in peace and as far as the parking lots are concerned, we would put the grass trete in except that we truly can't afford it. Trustee Solomon suggested that Brookridge Homeowner's Association include the residents of Wyman Street in your meeting because they are always going to be your neighbors. Trustee Zuckerman stated that he is resentful that the homeowners have not even approved this yet and have already taken up an hour of this Boards time and to put the cart before the horse was wrong. Whether or not they agree with the blacktop or gate,to take up our time prior to obtaining the homeowner's approval is very wrong. You should reconsider what you are asking us to do here until we are dealing with a group of people that are united. He questioned if there is an Engineers report on the runoff. Mr. Circosta stated that the drainage is proper if they use blacktop and will not cause any runoff problems. Mr. Seigel apologized to the Board if they feel that this is a waste of time, however when this was originally proposed two years ago, we surveyed the residents. Mr. Seigel requested that the gate be tabled until we have our annual meeting and that the blacktop be voted on this evening. 4 00-590:1. August 22, 1995 Michael Hay, a 23 year resident of 4 Wyman Street stated that in reference to the grass Crete, he has had 5 feet of water in his play room at one point which came from the brook. He stated that as far as the gate is concerned, he raised three children and we never had a problem as there was always a parent around and they did not play in street alone. A stop sign will do just fine in the area. Trustee Zuckerman stated this is a public hearing and we would not vote on anything until the next meeting anyway. Mayor Cresenzi stated that the bond that was originally put up was a letter of credit, the contractor and the bank failed. There was a new person in and we then secured a bond for about$125,000 which was a cash deposit. The bond was put up to complete the public improvements such as the roads and sewer lines and had nothing to do with parking areas,landscaping and completion of buildings. Mr. Circosta verified Mayor Cresenzi's statement. Mayor Cresenzi directed Attorney Powell to put together an approval resolution for the next meeting which we will discuss. He stated that in reference to the gate, if it is approved the homeowner's association, we need to look into the issue regarding what would happen to vehicles if they are denied entry and how then do they get out other than backing out. On Motion made by Trustee Solomon, seconded by Trustee Tunis,the public hearing was closed at 8:30 p.m. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye RESOLUTIONS 1. REFERRAL TO PLANNING BOARD AVALON PROPERTIES: AMENDMENT TO PUD DISTRICT PROVISIONS TO PERMIT A RESIDENTIAL HOUSING DEVELOPMENT ON THE ATRIUM SITE Mayor Cresenzi announced that the Board would be deviating from the agenda because there are many residents present pertaining to the atrium site. This is the beginning of the public process. The Planning Board meets on the second Thursday of each month which is a public meeting. Tonight is not a public hearing, only a referral to the Planning Board. He directed Mr. Circosta to read the resolution. 5 August 22, 1995 005900':! RESOLUTION REFERRAL TO PLANNING BOARD PETITION FROM AVALON PROPERTIES TO AMEND THE VILLAGE PUD LEGISLATION IN RESPECT OF THE HARKNESS PUD On Motion made by Trustee Pellino, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLVED,that the petition of Avalon Properties to amend the PUD district zoning provisions in respect to the proposed residential development of the Atrium site is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED,that the Village Clerk shall circulate to involved agencies a notice of intent of the Board of Trustees to be Lead Agency under SEQR; and it is FURTHER RESOLVED,that the applicant shall pay the sum of$15,000 into the environmental/professional review fund to defray costs of review of the application and such additional sums as may be requested for this purpose. Jeff Kravit, a 7 year resident of 232 Treetop Crescent stated that he has personally spoken to as many people as possible to find out what they think of this and whether or not this is good for the community. There is no way that the majority of residents would ever want to see 192 rental units in that area. We even held a meeting on this subject where everyone in the Arbors attended and we are vehemently opposed to this. That area is already a traffic disaster and the only thing that should be considered is 40 or 50 homes on that site. The only person would make out would be the developer or the seller who will never even live in Rye Brook and are only transients. There is a law that states that the Board of Trustees has the ability and the right to turn down whatever the planning and zoning boards think is good for the community. This issue should die tonight and not even make it to Planning and Zoning. He thanked the Board for their time. Mayor Cresenzi stated that he shared Mr. Kravit's emotions but this has to be dealt with in the process which starts tonight. We must, by law,refer it to the Planning Board where it will spend months being hammered out and then they make a recommendation to this board and then we conduct public hearings and ultimately decide whether this project will go forward or not. Attorney Powell stated that under the zoning law and given the nature of the PUD legislation we have an obligation to make a referral to the planning board but what is referred the planning is not necessarily what the planning board will approve. If the Village Board did not refer this to the planning board, it would be placing itself in legal jeopardy. Trustee Pellino stated that the Planning Board should be refreshed and brought up to date on the history of those two parcels that brought us from the 1970's when the Arbors was first built and the late 1970's when the Atrium building was first built up to today and the application that will be going before that board. 6 0059w August 22, 1995 Trustee Zuckerman agreed with Trustee Pellino that a historical analysis should be part of the planning board process which should also include Blind Brook High School. Morton Smith, an attorney representing the Arbors Homeowners Association stated that since this matter is being referred to the planning board,the Department of Transportation should be advised of the potential development as they are going to be rebuilding the Hutchinson River Parkway and there was an article in the newspaper that they stated that they did not know of any development proposed for the impacted area. The traffic volume study that they did was done a year after the Atrium office building closed so the numbers may not be accurate. Avalon is requesting to put 192 units on 16 acres of land which comes to 12 units per acre which is 6 more than the maximum allowed by our current zoning code in the Village. They have doubled the maximum allowed by our code. When I view the concept of 12 homes per acre and the proposed style of these homes,the image that comes to mind is portions of Brooklyn and Queens. This will effect the entire Village of Rye Brook. Mayor Cresenzi stated that he is in favor of writing a letter to the State Department of Transportation and directed Christian Miller and Michael Galante of Frederick P. Clark Associates to work together on a letter on behalf of the Village addressing our concerns. The reason being is that they are proposing a traffic light off of the ramp and if they have misjudged the amount of traffic, you could have the Hutch backed up past the exit ramp. Trustee Zuckerman stated that we have responded to the IBM project in Armonk and we have voiced our objections to it because of the traffic impacts on King Street. A Selectman from the Town of Greenwich stated that he was here on behalf of the residents of Greenwich to ask that they be included not only on the Avalon project but also the upcoming Village Hall,possible Firehouse and also the King Street exit 27 corridor as it comes in from both sides of the New York Department of Transportation. We have four immense projects that will take place,possibly simultaneously, in four tenths of a month and we would like to express our concerns of the traffic impacts and the environmental impacts and to ask that we be a part of this process and work in conjunction with both planning staffs. We would be delighted to host meetings in Greenwich or bring our people over to Rye Brook to work jointly together so that we can resolve all of these issues. There will be a series of lights that will be a nightmare to try to organize on King Street. We have a letter from the New York State Department of Transportation that says that they have reworked the signal from the Arbors to the Glenville light. He would like to get a yes or no answer on whether or not the two entities can work together. Mayor Cresenzi stated that if there was a developer or owner to come in and purchase the Atrium now,they literally could put 500 or 600 cars on the road which is already an approved site. This would not work for the Village as a whole and for the overall area,residential has much more potential. He added that the Village of Rye Brook would be happy to work with the Town of Greenwich on resolving these issues. With regard to the Village Hall, Greenwich is probably 46 square miles and we are 3 % square miles and we have 2 police cars on patrol so the impacts from the Village Hall will be minimal. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye 7 000-904 August 22, 1995 3. APPROVING POLICE MUTUAL AID & ASSISTANCE PLAN WITH WESTCHESTER COUNTY On Motion made by Trustee Zuckerman, seconded by Trustee Pellino,the following Resolution was hereby adopted: RESOLUTION APPROVING POLICE MUTUAL AID &ASSISTANCE PLAN WITH WESTCHESTER COUNTY RESOLVED,that the Village of Rye Brook is authorized to enter into a substitute agreement superseding the present Westchester County Mutual Aid and Assistance Plan and establishing a new Mutual Aid and Assistance Plan, for the 10 year period from August 1, 1995 to July 30, 2005, subject to withdrawal by any party on 30 days notice; and it is FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye 4. APPROVING USE AND DISSEMINATION AGREEMENT WITH NYS DIVISION OF CRIMINAL JUSTICE SERVICES On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING USE AND DISSEMINATION AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES RESOLVED,that the Village of Rye Brook is authorized to enter into a Use and Dissemination Agreement with the New York State Division of Criminal Justice Services to govern access to DCJS criminal history files, and it is FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye 8 00590b August 22, 1995 5. APPROVING AMENDMENT TO VILLAGE OF RYE BROOK INVESTMENT POLICY AS PER STATE COMPTROLLER On Motion made by Trustee Pellino, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION APPROVING AMENDMENT TO VILLAGE OF RYE BROOK INVESTMENT POLICY AS PER STATE COMPTROLLER WHEREAS,in accordance with the Financial Management Guide issued by the State Comptroller's Office, it is recommended that the Village adopt the Investment Policy that is set by the State Comptroller's Office; NOW, THEREFORE, BE IT RESOLVED,that this Board hereby adopts the attached Investment Policy for the Village of Rye Brook which shall supersede the investment policy adopted on March 28, 1989. Mayor Cresenzi questioned what has changed. Village Treasurer Joseph Cortese stated that the only change is an in-depth discussion on repros which was not really addressed at the last investment policy. It is basically the same,just an updated version which spells out more things that have come to light over the last two years. He recommended that the Board adopt this version. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye 6. SUPPORTING LEGISLATION URGING EARLIER BAR CLOSING HOURS On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION SUPPORTING LEGISLATION URGING EARLIER BAR CLOSING HOURS WHEREAS,the State of New York recently adopted legislation which abolished the local alcoholic beverages control boards, and pursuant to subdivision I I of subsection 17 of the New York State Acholic Beverage Control Law,the New York State Liquor Authority may now approve or disapprove earlier bar closing hours in Westchester County; and 9 00059 0 6 August 22, 1995 WHEREAS,the Westchester County Board of Legislators has previously approved a resolution supporting the setting of bar closing hours in Westchester County from the present 4 a.m. to 2 a.m, only to have the Westchester County Alcoholic Beverage Control Board fail to take action on this request; and WHEREAS, the Westchester County Board of Legislators still supports the proposed earlier bar closing hours and may formally request, by adoption of a resolution, the New York State Liquor Authority to consider changing bar closing hours in Westchester County from the current 4 a.m. to 2 a.m. NOW,THEREFORE, BE IT RESOLVED,that the Village of Rye Brook supports the efforts of the Westchester County Board of Legislators to formally request the New York State Liquor Authority to change bar closing hours in Westchester County from the current 4 a.m. to 2 a.m. pursuant to subdivision 11 of subsection 17 of the New York State Alcoholic Beverage Control Law; and be it FURTHER RESOLVED,that a copy of this resolution be sent to all of the other villages,towns and cities in Westchester County by the Village Clerk with a request that they adopt and send to the Westchester County Board of Legislators a similar resolution so that this matter can again be addressed. Mayor Cresenzi stated that this is the second time the Village of Rye Brook has adopted this resolution. Hopefully they will act on it so we won't have to pass it again. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye 7. BOARDS, COMMITTEES & COUNCIL APPOINTMENTS On Motion made by Trustee Pellino, seconded by Trustee Zuckerman,the following Resolution was hereby adopted: ANNUAL REORGANIZATIONAL RESOLUTIONS ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED,that Roger Herman of 25 Lincoln Avenue and Peter Silton of 46 Bonwit Road are hereby re- appointed as members of the Village of Rye Brook Advisory Council on Environmental Conservation for a three year term of office to expire on April 1, 1998; and be it FURTHER RESOLVED,that Roger Herman be appointed as Chairperson. 10 00590 1 August 22, 1995 PLANNING BOARD RESOLVED,that Madelon Rand of 30 Hillandale Road be hereby appointed as a member of the Village of Rye Brook Planning Board to fill the term of Alan Briskman which expires April 1, 1996; and be it FURTHER RESOLVED,that Michael Stolzar of 19 Rockinghorse Trail be hereby re-appointed as a member of the Village of Rye Brook Planning Board for a three year term to expire on April 1, 1998. TRAFFIC COMMISSION RESOLVED,that Steven Baronti of 12 Jean Lane, James Di5anto of 151 North Ridge Street,Robert Riordan of 4 Valley Terrace, Amy Schoen of 73 Country Ridge Drive and Donald Gerstenzang of 21 Elm Hill Drive be hereby re-appointed as members of the Village of Rye Brook Traffic Commission for a three year term of office to expire on April 1, 1998, TELECOMMUNICATIONS COMMISSION RESOLED,that Peter Bernbaum of 5 Acker Drive and Lori Hecker of 80 Country Ridge Drive are hereby re- appointed as members of the Village of Rye Brook Telecommunications Commission for a three year term of office to expire on April 1, 1998; and be it FURTHER RESOLVED,that Peter Bembaum be re-appointed as Chairperson. ZONING BOARD OF APPEALS RESOLVED,that Joel Hecker of 80 Country Ridge Drive and John Munnick of 13 Wyman Street are hereby re-appointed as members of the Village of Rye Brook Zoning Board of Appeals for a three year term of office to expire on April 1, 1998; and be it FURTHER RESOLVED,that Joel Hecker be re-appointed as Chairperson. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye 11 August 22, 1995 005908 8. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman,the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS,the following checks,representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks: 12325-12386 Pre Paid: 12240 & 12323 Payroll Checks: 16813-16817, 17026-17115 Environmental: NONE Capital: 2344-2350 Capital Pre Paid: NONE Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED,that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Voting Aye Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye APPROVAL OF MINUTES 9. NOVEMBER 22, 1994 10. DECEMBER 27, 1995 11. FEBRUARY 28, 1995 12. MARCH 28, 1995 13. APRIL 10, 1995 14. APRIL 25, 1995 15. MAY 9, 1995 Mayor Cresenzi questioned if the Board read the minutes and found them to be in order and all Trustees agreed that the minutes were acceptable to be approved with the exception of Trustee Tunis who excused herself from voting. 12 005900 August 22, 1995 On Motion made by Trustee Zuckerman, seconded by Trustee Pellino,the above referenced minutes were approved as presented. Trustee Pellino Voting Aye Trustee Solomon Voting Aye Trustee Tunis Abstained Trustee Zuckerman Voting Aye Mayor Cresenzi Voting Aye Maryann Ferraro of 169 Besty Brown Road stated that she has been a taxpaying resident of Rye Brook for 36 years and questioned why Rye Brook is so intent on being completely independent and yet when it comes to hiring policemen,they have absolutely nothing to do with hiring a Rye Brook resident. Why are they completely passed over. Why do the powers that be feel that is necessary to go out of Town to fill these positions when they have people that are completely qualified and are residents of Rye Brook and have a great stake in the community. Mayor Cresenzi stated that this was a difficult question to answer in public. It is a policy decision that is made by the Board as to whether they are going to use the county list or local list. Ms. Ferraro stated that it made more sense to use the local list as the people that reside in the community have children in the community and are interested in the welfare of the community. She stated that she would rather see someone that was born and raised here be a police officer than someone outside. Mayor Cresenzi stated that the people on the local list are also on the County list and we are looking for the most qualified police officer whether it be male of female to serve the Community. Ms. Ferraro questioned if the Mayor was saying that the people on the local list are not as qualified. Mayor Cresenzi replied no and stated that they are on the County list and we are working off a list that will give us the most qualified people to serve the residents of the community. Ms. Ferraro stated that the Board will find very qualified on the local list as well as the County list and she added that she was always under the impression that policemen were supposed to live in the community where they were policemen, that is the way it used to be. A local person should be given the first opportunity. A resident of 28 Dorchester Drive stated that he has some questions about the process for a pool permit. My understanding is that a person gets a permit, he builds, it gets inspected. This is not what is going on here. The man has building for three weeks without a permit,has been told to stop, he continues to build the structure and the whole process is in a shambles. He presented pictures which shows that the pool was basically finished with the exception of water. The permit was issued on the day the picture was taken and it is kind of difficult to check the steel beams. The process and the whole agenda here smells and doesn't seem right to me. The architectural review board clearly rejected the mans plans and told him not to build. His plans were rejected because he had started to build. Thirty days lapsed, Mr, Circosta spoke to Attorney Powell and on August 9, 1995 he is granted a permit. What is the purpose of the architectural review board. 13 005310 August 22, 1995 Mayor Cresenzi stated that the purpose of the Architectural Review Board is that they deal with the aesthetics of something and that what is built keeps in character of the surrounding properties of the community not with setbacks, zoning or inspection at all. He asked Mr. Circosta and Attorney Powell to comment on the process that took place. Attorney Powell stated that the Architectural Review Board Code provides that within thirty days that an application is not acted on,the application is deemed approved and it is my understanding that when the applicant of he swimming pool went before the board,the board stated that they would not review the plan and asked the applicant to leave. I don't think that constitutes review of the plan and that being the case, the application was approved automatically within thirty days. Trustee Solomon stated that from what he understands, the applicant started digging and building prior to starting the permit process. The Architectural Review Board members stated that they have rejected the project because he already started building. From what I understand,no one checked with the board to find out what their ruling was and thirty days later the applicant is rewarded for not following our proper procedures. He is also building other structures on his property without permits. Mayor Cresenzi stated that as far as he knows,if you want to dig a hole in your yard or pour concrete to house equipment, you don't need a permit to do so. We need to see if anything was violated before we can start accusing people of things that smell because that is kind of offensive. This problem starts with the Architectural Review Board because I was told by the secretary that was at the meeting that they were nude to the applicant and threw him out. Mr. Circosta stated that inspections were made on the reinforcement. That inspection was made on August 14th and the permit was issued the same day. The resident stated that he disagrees because not only does he have the picture but Mr. Diablo submitted a picture on the 15th that looks exactly the same, How do you look at reinforcement under concrete. Mr. Circosta stated that he went up to the site and did an inspection on the reinforced steel of that pool and the steel was exposed. The permit for the pool was issued on the 14th. The resident questioned if Mr. Circosta noticed on the 14th that the applicant was also digging a pool house that he didn't have a permit for. Mr. Circosta stated that he did notice and asked the applicant to stop. The resident submitted pictures and stated that for public record this is what the pool house looked like as of yesterday, all of the cinder block has been laid in and when it was submitted to the Architectural Board there was no cinderblock. Mayor Cresenzi stated that we cannot resolve this tonight at a public meeting. It must be resolved through the Village Attorney and the Building Inspector and myself as Chairman of the Board and we will resolve the matter. 14 August 22, 1995 0 0 b:3 -1. NEXT MEETING DATES TUESDAY, SEPTEMBER 12, 1995 TUESDAY SEPTEMBER 26, 1995 ADJOURNMENT Mayor Cresenzi adjourned the meeting 9:45 p.m. Respectfully submitted, Christopher�JRusso Village Administrator 15