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HomeMy WebLinkAbout1994-09-13 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING SEPTEMBER 13, 1994 6:30 P.M. BOARD OF POLICE COMMISSIONERS 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. PROPOSED LOCAL LAW INTRODUCTORY #10-1994 ENTITLED: A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 245 TO PROVIDE FOR WETLAND AND WATERCOURSE PROTECTION DISCUSSION 2. EXPENDING FUNDS FOR RECREATION TRUST RE: PARK IMPROVEMENTS RESOLUTIONS 3. ADOPTION OF LOCAL LAW #10-1994 ENTITLED: A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 245 TO PROVIDE FOR WETLAND AND WATERCOURSE PROTECTION 4. APPROVAL OF FIRE CONTRACT WITH THE VILLAGE OF PORT CHESTER FOR THE 1994-1995 FISCAL YEAR 5. APPROVING BOARDS, COMMITTEES AND COMMISSIONS RE-APPOINTMENTS 6. EXTENDING MESSINA SUBDIVISION APPROVAL FOR THREE ADDITIONAL MONTHS 7. ESTABLISHING PAYMENT SCHEDULE FOR RECREATION FEE ON MESSINA SUBDIVISION 8. APPROVING LICENSE AGREEMENT WITH HIGH POINT HOSPITAL 9. APPROVAL OF DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER ( RECONSTRUCTION FUND 10. SETTING PUBLIC HEARING ON A CODIFICATION OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK PROPOSED INTRODUCTORY LOCAL LAW #11-1994 11. REJECTING CONTRACT #9404 WINDOW/DOOR TREATMENTS E 12. AWARDING CONTRACT #9405 RESURFACING VARIOUS ROADS 13. CHECK REGISTER WRITTEN DISCUSSION 14. PAUL J. NOTO, COUNTY LEGISLATOR RE: NORTH RIDGE STREET ITEMS FOR SEPTEMBER 27, 1994 PUBLIC HEARING 1. GARY & ANGELA STROMBERG BOWMAN AVENUE AND OSBORN PLACE SECTION 1, BLOCK 23, LOT 4 SUBDIVISION APPLICATION 2. EDITH NISSON BEECHWOOD BLVD AND KING STREET SECTION 1, BLOCK 10, LOT 4 SUBDIVISION APPLICATION RESOLUTION 3. CREATING ADVISORY COUNCIL FOR PARKS AND RECREATION APPROVAL OF MINUTES 4. JUNE 28, 1994 5. JULY 129 1994 6. JULY 14, 1994 7. JULY 26, 1994 005471 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK SEPTEMBER 13, 1994 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. t Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: 4 Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works I' Kenneth E. Powell, Village Attorney �9 Robert J. Santoro, Chief of Police !' Elizabeth Bottali, Secretary to Village Board Joseph Cortese, Village Treasurer was not in attendance. 1 I September 13, 1994 005472 PUBLIC HEARING 1. PROPOSED LOCAL LAW INTRODUCTORY #10-1994 ENTITLED: A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 245 TO PROVIDE FOR WETLAND AND WATERCOURSE PROTECTION Mayor Cresenzi opened the public hearing at 7:30 p.m. Trustee Zuckerman suggested a few minor changes regarding the exempt area on page 5 and a few changes on page 24 and 16 for clarification purposes relating to the approval authority and public hearings. In conclusion, Trustee Zuckerman stated that at the previous meeting, he made other suggestions which have been carried forward very nicely. Trustee Pellino stated that in August, the subject of grandfathering came up in relation to exempting a project if it is physically completed prior to the adoption of this law. If the project is in process, I don't believe those projects should be grandfathered, but rather some other vehicle can be chosen. Also, we contemplated the idea what to do with in process applications, however as noted in a memo from the Village Counsel dated August 17, 1994, the Board did not seem to come up with a consensus of what to do about it. We should address that issue this evening. The Village Attorney has drafted an insert which would probably go on page 5 and would address in process or pending applications. Trustee Pellino summarized the insert by saying that in process applications would not be exempt from the wetlands legislation as they would be if they were grandfathered but rather that any significant changes that come along on a given project would be subject to a monitoring process by the Village and its administrative authorities under the administrative permit review procedures which strikes a reasonable balance in terms of the Village's interest should any project that is in process suddenly have major changes necessary and at the same time it deals with fairness to the applicant in terms of any extensive review procedures and expenditures that have been laid out to get their project heard. Roger Herman from the Advisory council on environmental conservation stated that someone would have to sit in judgement and determine how significant the expense is. Trustee Pellino agreed that it was a difficult issue on which to put a hard definition. Trustee Zuckerman questioned what the applicant's option was. Trustee Pellino stated that the option is not to apply for administrative permit which effectively means they would be subject to the full provisions of the wetlands law. Mr. Heller stated that is really specific to a certain project and that the Village should have the applicant abide by the Wetlands act or abide by a EIS. 2 September 13, 1994 005473 r Mrs. Sherlock stated that on behalf of the Environmental Council and because at past board meetings when the Wetland Law was on the agenda, comments from and/or about K & M Realty Development on Bowman Avenue were made. That goes back to the agenda meeting when they were going to set an agenda, it turned out to be a public hearing. To clear the air, no member of the Environmental Council is against positive, development in Rye Brook. It is assuring when a plan is proposed by a resident of the Village, more especially a resident who grew up in the Village, married and returned to live in the Village. In April 1993, the Environmental Council began a study toward a K Wetland Protection law. On April 26, 1994, a draft was submitted and through the months, revisions were made and tonight, is the third public hearing. In June of 1993, K & M Realty Group applied to the Village for a rezoning of the Bowman Avenue property. It was referred to the Planning Board in January of 1994. The rezoning was approved and site plans were submitted in June of 1994 to the Planning Board. K & M were made aware of the proposed wetland law and received an early draft of it. I'm sure that they kept up to date with the revisions and were aware of the lengthy dialogue that went on about 100 foot buffer zones, which most governments feel are inadequate. In fact, the exemption of lots less than one acre has been discussed as not a good idea, but hopefully the Village Board's concern with environmental protection will be protective in ffuture applications and subdivisions. It is because of the developers knowledge of our f proposed wetland law that the Environmental Council is puzzled by the "grandfathering" request. Surely, in K & M's planning, our proposed law should have been considered. Is there an area of protective regulation in our law that presents an unsolvable problem. The plan for the wetland law was submitted and was written for the Village, not for a specific developer for there is much to be developed in Rye Brook in the future. The Environmental Council requests the Board to adopt this proposed Wetland Law for the preservation of Rye Brook's environment. We hope the Village and this Board will be exemplary in their attention to Environmental Conservation and protection. Any time that we have come to discuss our law, the development of K & M, because it has to do with Wetlands, always comes up so we never really get through the law and we feel the law is much more important than any development coming up. Mayor Cresenzi stated that one thing the Council has to remember, is that during the public hearing discussion, anyone has a right to speak and I never limit times during any public hearing at all as long as it is related to what is in front of the public hearing so that is how the K & M project always seems to come up because they are related. Mrs. Sherlock stated that the meeting she was referring to was an agenda meeting, not a public meeting. Mayor Cresenzi explained that he is at fault because he respects people's rights to voice their opinions and runs his meetings in a very open,manner. We could pass every resolution without taking public comment from the floor and at the end of the meeting ask the public to comment on what we have already passed, which is ridiculous. Mrs. Sherlock stated that every time we discuss a wetland protection law, inevitably, K & M comes up and I really feel that they should be two separate issues. I don't feel that what K & M wants to do should have an affect on our law, but I do feel that our law should have an effect on what K & M wants to do. 3 September 13, 1994 005474 Kip Konigsberg stated that to make things clear, when this wetlands law was first raised, he stated that he would comply with the spirit and intent of the law based on the Board's advice to me that there was a law being discussed. He never said that he would comply with every provision of law that has been negotiated and discussed and revised a number of times. There is nothing that requires me to accept one or the other. Quite frankly,,I { have complied with the spirit and intent of the law, I have made submissions to this CBoard and was before the Board last month which demonstrated that I complied with the spirit and intent by addressing all of the issues. With respect to a positive EIF, when f this process started in the planning board on the referral, there were issues that were definitely raised by the Planning Board and the Village Consultant and over the past { three of four months, we have made minor revisions to the plans in response to these environmental issues that have been raised. The Planning Consultant stated in a memo that we have addressed most of the issues and there are still some issues that need to be resolved which we intend to address. There is no requirement that there be an environmental impact statement or a positive declaration unless the Village Board and Planning Consultant decide that is the case. Y Mr. Heiman questioned the purpose of the insert and stated if it was so that the applicant did not have to spend money uselessly. He stated that he has no problem with that but questioned what the additional costs be to the developer to bring it before the board under the full review rather than have the Village Engineer approve of it. I Assuming that he has already complied with the law, what are we saving him by G including this insert into the law. Trustee Pellino explained the developer would have to go through another entire cycle of k having studies done, soil samples taken if required, analyzing the vegetation that might be on the site and so on and for the most part, a lot of that work is already done. I don't know that it is fair to put an applicant through the same procedure twice and have him incur new expenses. If a project comes along, goes through all of the processes, gets approved and the excavation work begins and so forth, one never knows that you are going to find at the site when projects get started in earnest. Trustee Pellino added that what prompted me to seek a new section for the paragraph was if something like an unforeseen event takes place during the digging work, the applicant may find himself in a position where major changes may have to be made to the site and we want the Village to be in a position to be able to monitor anything that has to go on in terms of making major changes to a site on wetland property so from our perspective, I want to not exempt that developer up front prior to any approvals and give the Village some options in the future if something unforeseen should happen at the site causing major additions or changes to the original plan. Mr. Herman stated that he does not see anything in the law which requires the environmental council or the Village Board to have the developer repeat these tests. As far as I can tell, we can use the results of fire tests as part of the review process. I am not so sure that there would be a lot of extra money to be spent in having the developer go through the normal process and I don't think it is in the interest of the Village to short circuit the process that the law sets up for fear that the developer is going to be spending too much money. If that is our worry, I think that there are safer ways to get around that. 4 September 13, 1994 U 0 5 4 7 b Mr. Donovan stated that he would basically agree to a simplified procedure. He agreed that not grandfathering a particular application would not require them to repeat anything that has already been done. What it primarily does is switches the whole time frame and procedures of how it is reviewed. The criteria by which the application is reviewed stays the same and therefore, I am not in favor of grandfathering any particular project however, I think that this is a good compromise because it does not compromise the law and it allows all of the information that has been presented to be reviewed by all the criteria that is in the law. Trustee Zuckerman questioned if Mr. Donovan foresees that a negative declaration will f be issued on K & M Realty. E Mr. Donovan stated that he had no way of foreseeing that and added that we had initially recommended a positive declaration and were asked to look at all of the issues that caused us to make that recommendation. We have been reviewing them and " working back and forth to try to get additional information to present enough information to the Planning Board to allow them to make a negative declaration if they feel it appropriate. They have now decided to make a positive declaration because all of this information was developed without public review and somewhat side stepping the spirit of the law. Trustee Zuckerman questioned if there was a possibility that a negative declaration would be issued by Frederick P. Clark Associates. Mr. Donovan replied yes, that it is possible. Mr. Heller stated that by trying to bypass the procedures and trying to help anyone out is G not really in the best interest of the Village of the applicant because somewhere along the lines, you will forget something and things will not get done correctly and then it will become expensive. The EIS is done for difficult pieces of properties so that a whole checklist of things is gone through and everything is done according to the law. tMayor Cresenzi stated that Mr. Donovan agreed that this is a good compromise and that the criteria of the law will be applied but basically a shortened process to an administrative procedure so we will not be bypassing anything, it will just be dealt with ! more quickly. Trustee Pellino stated that he objected to Mr. Heller's"use of the word 'Bypass" because this would monitor and make sure that the spirit and intent of that law is going to be upheld so we would not be bypassing anything. Mr. Herman suggested a change in the wording on page 13 of the law, regarding Administrative Permits, in order to ease the burden on the Village Engineer, the Engineer should consult with the Environmental Council or the Environmental Consultants. This Wetlands Law is a fairly big project that the Village Engineer has to pass judgement on and according to this law, only by himself. 5 September 13, 1994 005476 I Trustee Pellino stated that we have to give him some discretion as the professional that he is. If he feels that he cannot make a determination on something, he will call on an expert. I Mayor Cresenzi questioned if the Board agreed to make the change and add the insert to the regulations and the Board unanimously agreed. Mr. Donovan stated that in reference to the section on page 11 that talks about ` subdivision, he suggested that instead of 10 cubic yards, you may want to change that to some area configuration or add in area as well. If you are talking about a small deck or something that may not involve digging. { Trustee Zuckerman stated that he had no problem with that. Mr. Herman stated he felt that he is speaking for the Environmental Committee when he says that we are talking about one significant project and I feel that we are sort of waving goodbye to the keyhole project and we are being written out of this project, even though it may not be on purpose. Trustee Zuckerman stated that every project must have a public hearing and anyone can speak before the Board on any issues that they may have. f { Mr. Heller stated that many projects in this Town which everyone thought were fine, { were not because no one looked at them early enough in the cycle. Rather than keep { making mistake after mistake, the Environmental Council was formed to give input with { their expertise and if you receive that input at the end of the cycle it will not help the Village at all. We should come in at the Planning Board stage. He suggested that an amendment be made to the law to permit the Council to help out early on. j Mr. Herman stated that neither he or Mr. Heller are looking to have authority over what Mr. Circosta decides, we only think that we should be consulted with, not supersede his authority. Mayor Cresenzi stated that he envisioned that the Environmental Council would be at the direction of the Village Board to look into a matter and then also the Village would use paid consultants to look into the matter. Trustee Zuckerman stated that when this project comes before the Board, Frederick P. Clark will be doing a report for the Board and if any members wish to speak with the consultants they may feel free to do so. They may also speak at the public hearing. This Board has no intentions of approving a project that is not environmentally sound. Mr. Donovan stated that on page 9 under permitted uses, no where in the law does it specifically talk about activities for areas that are not residential and there are other provisions of the law that talk about activities that have normally been occurring can continue as long as they are not a problem. He suggested that the Board may want to change the wording to make if more clear. Mayor Cresenzi and Trustee Pellino agreed. 6 September 13, 1994 005471 i Attorney Powell stated that due to the many changes the public hearing would not to be adjourned to the September 27, 1994 meeting and re-advertised in the newspaper. On Motion made by Trustee Solomon, seconded by Trustee Pellino, at 8:45 p.m. the public hearing was adjourned to the September 27, 1994 meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE DISCUSSION 2. EXPENDING FUNDS FOR RECREATION TRUST f RE: PARK IMPROVEMENTS f Administrator Russo stated that a request has been made by the Recreation Department to appropriate up to $10,000. from the Recreation Trust and Agency Account for purposes of making some field improvements to both the Garibaldi Field and the John J Errigo Field at Pine Ridge Park. The details are included in the attached memo. Trustee Pellino stated that if it is work that has to be done he has no problem, especially since it is a reasonable amount for the work that has to be done. f Administrator Russo stated that once the bid comes in, we will put this on for a I� resolution at a future Board meeting. f RESOLUTIONS 3. ADOPTION OF LOCAL LAW #10-1994 ENTITLED: A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 245 TO PROVIDE FOR WETLAND AND WATERCOURSE PROTECTION Mayor Cresenzi stated that due to the many changes, the law is not ready to be adopted and would probably be adopted at the next meeting. 7 September 13, 1994 00 478 I 4. APPROVAL OF FIRE CONTRACT WITH THE VILLAGE OF PORT CHESTER FOR THE 1994-1995 FISCAL YEAR On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPROVING CONTRACT WITH THE VILLAGE OF PORT CHESTER FOR FIRE SERVICES WHEREAS, officials of the Village of Rye Brook and the Village of Port Chester met on August 29, 1994 and re-established a new dialogue to pursue a mutually agreeable longterm solution to this issue; and WHEREAS, these discussions were considered positive and fruitful in advancing this goal. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with the Village of Port Chester for fire service for the period of June 1, 1994 to May 31, 1995 for the sum of $607,348.00 payable in three equal installments on September 30, January 31 and May 10; 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. I Trustee Zuckerman stated that he will vote positively in favor of this resolution because of the progress that we have made to establish a long range solution for the fire service contract and hopefully by the time this one comes about, we will in fact have achieved a long range solution so that we will not have to go through the kind of aggravation and conflict that we have gone through the last several years. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8 September 13, 1994 005479 . 5. APPROVING BOARDS, COMMITTEES AND COMMISSIONS RE-APPOINTMENTS On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION LEGAL COMMITTEE RESOLVED, that Michael Stolzar of 19 Rockinghorse Trail, Peter Bernbaum of 5 Acker Drive, Michelle Fredman of 11 Eagles Bluff, Barbara Goodstein of 1 Rock Ridge Drive and Bruno Gioffre of 18 Beechwood Blvd. are hereby re-appointed to the Village of Rye Brook's Legal Committee for a three year term; and it is FURTHER RESOLVED, the Michael Stolzar is hereby re-appointed Chairman. RESOLUTION PLUMBING BOARD OF EXAMINERS RESOLVED, that Rocco Circosta of 12 Ramapo Road, Ossining, New York, Paul Agostino of 12 Terrace Court, Michael Hay of 4 Wyman Street and Thomas Nardi of 8 Woodland Drive are hereby re-appointed to the Village of Rye Brook Plumbing Board G of Examiners for a three year term; and it is FURTHER RESOLVED, that Rocco Circosta is hereby re-appointed Chairman. RESOLUTION TELECOMMUNICATIONS COMMISSION RESOLVED, that Peter Bernbaum of 5 Acker Drive, Marc Goldstein of 29 Bonwit Road, Lori Hecker of 80 Country Ridge Drive, Pamela Kaplow and Myron Pollack of 24 Holly Lane are hereby re-appointed to the Village of Rye Brook Telecommunications Commission for a three year term; and it is FURTHER RESOLVED, that Peter Bernbaum is hereby re-appointed Chairman. RESOLUTION TREE COMMITTEE RESOLVED, that Anthony Sciandra of 1 Wyman Street is hereby re-appointed to the Village of Rye Brook Tree Committee for a three year term; and it is FURTHER RESOLVED, that Anthony Sciandra is hereby re-appointed Chairman. 9 September 13, 1994 N5 4 8 0 RESOLUTION YOUTH COUNCIL RESOLVED, that Patricia Wagner of 8 Woodland Drive is hereby re-appointed to the Village of Rye Brook Youth Council for a three year term. RESOLUTION ZONING BOARD RESOLVED, that Jay Fidler of 23 Churchill Road is hereby re-appointed to the Village of Rye Brook Zoning Board for a three year term. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. EXTENDING MESSINA SUBDIVISION APPROVAL FOR THREE ADDITIONAL MONTHS On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION EXTENDING MESSINA SUBDIVISION APPROVAL FOR THREE ADDITIONAL MONTHS WHEREAS, by letter dated September 6, 1994, the attorney for the applicant on the Messina Subdivision has requested a three (3) month extension of the Messina Subdivision approval from September 14, 1993 to December 14, 1994 to accommodate completion of settlement procedures in certain court proceeding; NOW, THEREFORE, BE IT RESOLVED, that the approval of the Messina Subdivision is hereby extended for three (3) months from September 14, 1994 to December 14, 1994 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 10 September 13, 1994 i 005481 7. ESTABLISHING PAYMENT SCHEDULE FOR RECREATION FEE ON MESSINA SUBDIVISION On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION ESTABLISHING PAYMENT SCHEDULE FOR RECREATION FEE ON MESSINA SUBDIVISION WHEREAS, on September 14, 1993 the Messina Subdivision was approved and the approval has been extended; and WHEREAS, as a condition of approval, applicant is required to pay a recreation fee to the Village of Rye Brook in the sum of $46,270.00 prior to the signing of the subdivision plat; and WHEREAS, by letter dated September 6, 1994, the attorney for the applicant on behalf of the applicant and contract vendor requested a payment schedule for the payment of the recreation fee. NOW, THEREFORE, BE IT RESOLVED, that condition of the September 14, 1993 approval resolution regarding the payment of a recreation fee to the Village is amended to provide that the recreation fee shall be paid in the sum of $23,135.00 upon the signing of the subdivision plat and the balance of $23,135.00 shall be paid no later than twelve (12) months after the signing of the subdivision plat or upon the issuance of the last building permit in the Messina Subdivision, whichever shall occur first. Trustee Zuckerman pointed out that he questioned this earlier. Mayor Cresenzi stated that the two circumstances that we spoke of earlier are Hidden Falls and the Arrowwood project. Administrator Russo stated that Ivanoff on Ridge Street is still pending and there is litigation on it because he has yet to pay the Recreation Fee. Trustee Zuckerman questioned if we are extending the payment, can we request interest on that. Mayor Cresenzi stated that we have not done that in the past. Trustee Zuckerman stated that they have the use of the money and the Village does not. Trustee Pellino stated that he did not think it was a good idea to come up with a policy. Particularly in light of the fact that we gave the same kind of arrangement to Hidden Falls. 11 September 13, 1994 005482 Mayor Cresenzi stated that we have, for example a $350,000 payment from Arrowwood due for over two years and we didn't charge any interest. Trustee Solomon stated that we are really, in effect, losing interest. Trustee Pellino stated that Trustee Solomon was correct but added that it is wrong to discuss and adopt a policy while we have a request and a resolution sitting in front of us. Maybe for future reference, we should come up with a policy, but right now, we should deal with this particular request. 1 TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE f 8. APPROVING LICENSE AGREEMENT WITH HIGH POINT HOSPITAL On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION f APPROVING LICENSE AGREEMENT WITH HIGH POINT ESTATES, INC RESOLVED, that the Village of Rye Brook is authorized to enter into a license agreement with High Point Estates, Inc. under which the Village of Rye Brook may utilize a three (3) acre parcel for composting purposes pending conveyance of the acreage to the Village under a stipulation of settlement; 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 DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12 September 13, 1994 0Q,9 413.3 9. APPROVAL OF DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Daly, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION APPROVAL OF DONATIONS TO THE ANTHONY J. POSILLIPO j COMMUNITY CENTER RECONSTRUCTION FUND RESOLVED, that the following donation is hereby approved: ANTHONY T POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND NAME AMOUNT Mary Cotte $50.00 E 17 Knollwood Drive ------------------------------------------------------ TOTAL $50.00 l TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE ` TRUSTEE SOLOMON VOTING AYE f TRUSTEE ZUCKERMAN VOTING AYE i MAYOR CRESENZI VOTING AYE i 10. SETTING PUBLIC HEARING ON A CODIFICATION OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK PROPOSED INTRODUCTORY LOCAL LAW #11-1994 4 On Motion made by Trustee Pellino, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION SETTING A PUBLIC HEARING ON A CODIFICATION OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK PROPOSED INTRODUCTORY LOCAL LAW #11-1994 RESOLVED, that a public hearing shall be held on September 27, 1994 at 7:30 p.m. at the Village Offices, 90 South Ridge Street, Rye Brook, NY by the Board of Trustees of Village of Rye Brook on Local Law No. 11-1994 to codify the Zoning Law of the Village of Rye Brook as Chapter 250, Zoning, in the Code of the Village of Rye Brook. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13 September 13, 1994 005484 11. REJECTING CONTRACT #9404 WINDOW/DOOR TREATMENTS On Motion made by Trustee Solomon, seconded by Trustee Daly, the following Resolution was hereby adopted: RESOLUTION REJECTING CONTRACT #9404 WINDOW/DOOR TREATMENTS WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract #9404 entitled: "Window/Door Treatments'; and WHEREAS, a public notice was advertised in the official newspaper of the Village of Rye Brook; and WHEREAS, bid proposals were sent to six vendors; and WHEREAS, on Wednesday, September 7, 1994 at 2:00 p.m., the Village of Rye Brook publicly opened and read two proposals; and WHEREAS, the Director of Public Works has reviewed the proposals and recommends rejection of the proposals due to an error in the published notice and changes in specifications. NOW, THEREFORE, BE IT RESOLVED, that the proposals on Contract #9404 are rejected and the contract is i' authorized to be re-advertised. { TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12. AWARDING CONTRACT #9405 RESURFACING VARIOUS ROADS Administrator Russo stated that in the resolution there is an amount which is an estimated amount based on estimated quantities but it includes a section of approximately 26,000 for the Town of Rye, if they choose to accept it, to do some work in Crawford Park. He questioned if it would be appropriate to leave the total amount in the resolution whereby the Crawford Park section may or may not be done as there has been no decision made yet by the Town. He explained that this is part of our mutual cooperation with the Town of Rye and if the Town decides not to do it, we will be expending about 26,000. less. The Board agreed that the resolution was fine. 14 September 13, 1994 On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION AWARDING CONTRACT #9405 RESURFACING VARIOUS ROADS I } WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract #9405 entitled: "Resurfacing Various Roads"; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook; and r WHEREAS, bid proposals were sent to six vendors; and WHEREAS, on Wednesday, September 7, 1994 at 2:00 p.m., the Village of Rye Brook publicly opened and read one proposal; and WHEREAS, the Director of Public Works has reviewed the proposal. NOW, THEREFORE, BE IT RESOLVED, that Contract 9405 entitled: "Resurfacing Various Roads" be awarded to E.L.Q. Industries of Mamaroneck, New York, the only bidder for this contract; and be it FURTHER RESOLVED, that the total price of the contract is approximately $158,754.00 based on the breakdown of unit prices given; and be it FURTHER RESOLVED, that the Mayor of the Village of Rye Brook is hereby authorized to enter into agreement with E.L.Q. Industries, of 531 Fayette Road, I Mamaroneck, New York for services performed under this contract. i Trustee Pellino questioned if there is a list of roads available that could be distributed to the Board. Mr. Circosta stated that the roads that they were looking at doing are Garibaldi Place, Grant Street, West Street, Ridge Boulevard, Magnolia Drive, Talcott Road and Elm Hill Drive. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 15 005486 September 13, 1994 13. CHECK REGISTER On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On Line Checks: 9664-9758 Pre-Paid: NONE Payroll Checks: 13818-13896 Environmental: 434-437 Recreational Trust: NONE Capital: 2171-2178 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN DISCUSSION 14. PAUL J. NOTO, COUNTY LEGISLATOR RE: NORTH RIDGE STREET Administrator Russo stated that we received a letter from County Legislator, Paul Noto, in response to a letter from the Village of Rye Brook regarding our interest in obtaining the piece of land between North Ridge Street and the Hutchinson River Parkway to use for potential fire purposes stating that he has communicated to the Commissioner of Planning that he would assist in our effort to look into acquiring that piece of property. Mayor Cresenzi stated that we appreciate his assistance. Trustee Pellino stated that there was another letter copied to the Board from Mr. Noto regarding the County agreeing to put up some new markings on North Ridge Street near the intersection of Ridge Blvd where the young man was killed in the two car collision. He asked Administrator Russo to summarize the letter. 16 September 13, 1994 005437 Administrator Russo stated that it was a letter from Paul Noto to the Director of Government Relations at the County regarding North Ridge Street and Ridge Blvd. As per Legislator Noto's request, the Dept. of Public Works reviewed the intersection to see if any additional traffic control devices or roadway improvement's are necessary. They determined that all findings according to the New York State Manual of Uniform Traffic Control Devices, however the Dept of Public Works will prepare a work order for the I installation of the chevron warning signs in effort to provide additional emphasis and guidance to the curb. The area will be monitored to determine the effects that these signs have on motorists and if additional measures are necessary. Trustee Pellino asked that a copy of the letter be given to Chief Santoro. I Mayor Cresenzi announced the following agenda for the regular meeting on Tuesday, September 27, 1994 at 7:30 p.m. PUBLIC HEARINGS 1. GARY & ANGELA STROMBERG ` BOWMAN AVENUE AND OSBORN PLACE SECTION 1, BLOCK 23, LOT 4 SUBDIVISION APPLICATION 2. EDITH NISSON BEECHWOOD BLVD AND KING STREET SECTION 1, BLOCK 10, LOT 4 SUBDIVISION APPLICATION Trustee Zuckerman stated that at the next public hearing, if the Board approves the Wetlands Law, the two following public hearings are subject to the Wetlands Law. Mr. Circosta stated that they would both be under the same amendment the Trustee Pellino made. Trustee Zuckerman stated that Mr. Circosta was correct and informed the public that there are more applications before the Board that pertain wetlands, not only K & M Realty. Trustee Solomon questioned if we received any recommendations back from the Planning Board. Mr. Circosta stated that there is a recommendation that the Village Board disapprove the Stromberg Subdivision and approve the Nisson Subdivision. RESOLUTIONS 3. CREATING ADVISORY COUNCIL FOR PARKS AND RECREATION 4. BOND RESOLUTION FOR UPGRADE IN COMPUTER SYSTEM 17 September 13, 1994 005488 Trustee Pellino questioned if Administrator Russo could supply him with a list of the hardware. Administrator Russo stated that he would distribute more copies to the Board. APPROVAL ON MINUTES 5. JUNE 28, 1994 6. JULY 12, 1994 7. JULY 14, 1994 8. JULY 26, 1994 Trustee Daly suggested that the Commendations that Chief Santoro requested for the Police Officers be added to the agenda and under the discussion section she would like the Noise Law. Trustee Pellino stated that we received a request for signage from Chief Santoro and asked him to explain the request to the Board. Chief Santoro stated that we approved the 934 Tips in the Village, but there is no signage and although it is in the newspaper and on Cable TV, most communities that use that have a white sign with a green border which advertises it. The signs are placed in key areas in the Village. He circulated copies of the sign that Harrison uses. Trustee Zuckerman thanked all who expressed sympathy to he and his family for the loss of his mother. ADJOURNMENT I t On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the Board adjourned into Executive Session at 9:50 p.m. for Personnel Matters. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, Elizabeth Bottali Secretary to Village Board 18