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HomeMy WebLinkAbout1994-09-27 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING SEPTEMBER 27, 1994 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 2. GARY AND ANGELA STROMBERG BOWMAN AVENUE/OSBORN PLACE SECTION 1, BLOCK 23, LOT 4 SUBDIVISION APPLICATION f 3. EDITH NISSON BEECHWOOD BLVD/KING STREET SECTION 1, BLOCK 10, LOT 4 SUBDIVISION APPLICATION 4. CODIFICATION OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK PROPOSED INTRODUCTORY LOCAL LAW #11-1994 RESOLUTIONS E 5. APPROVING THE RECONSTITUTION OF THE RECREATION AND PARKS COMMISSION AS THE ADVISORY COUNCIL ON PARKS AND RECREATION 6. 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 7. CALLING FOR A PUBLIC HEARING ON AN INCREASE IN THE SENIOR CITIZEN TAX EXEMPTION S. AUTHORIZING AGREEMENT WITH TELECOM SERVICES LIMITED (US) INC. FOR TELECOMMUNICATIONS BILLING AUDIT t I 9. APPROVING THE EXPENDITURE OF RECREATION TRUST AND AGENCY FUNDS FOR CAPITAL PARK IMPROVEMENTS 10. RESIGNATION LETTER FROM HIGHWAY DEPARTMENT - DOUGLAS HALLENGREN 11. AUTHORIZING THE ISSUANCE OF $145,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A NEW COMPUTER SYSTEM PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK 12. APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER 13. ADOPTING CODIFICATION OF ZONING LAW LOCAL LAW INTRO 11-1994 i 14. CHECK REGISTER APPROVAL OF MINUTES 15. JUNE 287 1994 16. JULY 12, 1994 17. JULY 14, 1994 18. JULY 26, 1994 WRITTEN COMMUNICATION 19. SHEILAH ENO, CHAIRPERSON UNITED HOSPITAL TWIG FAIR RE: SIGN REQUEST FOR ANNUAL HOLIDAY FAIR 005433 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK SEPTEMBER 27, 1994 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't Village Administrator Rocco V. Circosta, Director of Public Works Robert Ponzini, Village Attorney Elizabeth Bottali, Secretary to Village Board Thomas Gissen, Frederick P. Clark Associates Joseph Cortese, Village Treasurer was not in attendance. 1 September 27, 1994 00500 PUBLIC HEARINGS 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 pm. and asked if anybody had any changes or questions pertaining to the Wetlands Law. t Trustee Zuckerman stated that the only changes he had were minor changes in wording on page 5. E On Motion made by Trustee Daly, seconded by Trustee Pellino, the public hearing was closed at 7:35 p.m. f TRUSTEE DALY VOTING AYE i TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 2. GARY AND ANGELA STROMBERG BOWMAN AVENUE/OSBORN PLACE SECTION 1, BLOCK 23, LOT 4 SUBDIVISION APPLICATION Mayor Cresenzi opened the public hearing at 7:35 p.m. Robert Mascali from Gioffre, Gioffre and Mascah stated that he was here on behalf of the applicant, Gary Stromberg. He gave a brief overview stating that the property consists of in excess'of 18,000 square feet and the way the house is currently is almost four times the square footage that is required in the zone within which the property is located. The Board has in front of them three separate options of plans that have been submitted to the Planning Board at its July or August meeting. He added that he also had with him the comments from Frederick P. Clark Associates August 11, 1994 memo that he would be happy to address if the Board sees fit. He stated that the size of the lot proposed to be subdivided is approximately 8,100 square feet which is greater or equal to all of the lots in the area so whichever scenario is accepted, each of them would show a lot that is as great as all of the other lots in the neighborhood. The development of one house on this lot would generate much more tax revenue than is currently acquired. The development will also improve an existing turn-around situation because on all of the plans that have been submitted, the applicant proposes a turn-around which will facilitate the situation where cars may come in from Bowman Avenue onto Osborne Place and have nowhere to go once they get to that dead end so they would have to turn around on someone's property. 2 September 27, 1994 005491 Mr. Mascali stated that each alternative has a lot which has the existing house on it and contains somewhere in excess of 10,000 square feet, which is double the requirement in the zone. From there, a new lot would be developed and would contain approximately 8,100 square feet which is a little greater than one and a half times the minimum in that zone. In April, the Planning Board voted three to three on option #1 and referred it to this Board. Rather than proceed at that time with that one plan, the applicant prepared two other alternatives which were also submitted to the Planning Board and denied. Option #2 would require the least amount of zoning variances and has a certain number of results as mentioned by Frederick P. Clark Associates which would be addressed this R evening. Option #2 calls for the extension of Osborne Place through the lot to be developed and as a result it would then turn proposed lot one into a double frontage lot which we pointed out, is not consistent with subdivision regulations. We submitted that that result can be limited by deed restriction, plantings and other types of conditions. The configuration would be more in keeping with what the current zoning code requires and that is why we extended Osborne Place in Option #2. It also refers to the creation of two driveway access points from lot #1 and possibly create a cut through for traffic to s Bowman Avenue. That result can be overcome by signage, screening and other factors which would prevent that from occurring. With respect to the question of creating subdivision possibilities on lot number one, the applicant is prepared to discuss with this board that possibility if it is a concern and would consider restricting future subdivision of that lot. As far as the issue of creating a need for an additional waiver, and the fact that the proposed street may be extended to lot two and then result in what fails to meet the current requirements submitted that it would just meet the existing one there is 30 foot wide and we will provide it for 30 foot wide. It is really needless to make it any greater than what is here right now. The addition of one house on Osborne Place will not generate such traffic that it should be held against the applicant that he can't increase the minimum width to what currently is required in the code. Option #3, does not require to apply for the extension of Osborne Place as a paved road all the way through the lot, but only for its pavement up to a point. The provision of a turn around up to a point and an easement for the balance of that strip at thirty feet wide because the property line would then be marked as an easement to accommodate the possibility of emergency access. In order to accommodate all of the concerns raised by the Planning Board, we revised the plans so that the setbacks on lot #2 would be consistent with all that is there presently. The front yard would be 40 feet wide, the back would be 30 feet wide and the two setbacks would be 10 feet and 60 feet on the side yard. Mayor Cresenzi questioned if the applicant would need relief from the Zoning Code on each alternative. Mr. Mascali stated that he believes that option #2 would not require zoning board approval based upon the items that are listed. He added that he feels that this board has the ability to waive or vary the provisions if this board grants the application for option #2. Option #1 would require the zoning board approval with respect to which line is called the front and which line is called the rear due to the rectangular shape of 70 feet by 110 feet and that is really the essential drawback to this application and the zoning code as it currently exists. The lot is conforming with respect to the setbacks. 3 September 27, 1994 005492 Trustee Zuckerman stated that he is against approving a subdivision that needs a variance because it would be like applying pressure on the Zoning Board of Appeals to approve a variance for a plan that we have already approved. Mr. Mascali stated that to a certain extent, the applicant ends up being caught in the middle. The Board could frame its resolution in such a way that it would be very well understood by the zoning board that nothing that it does this evening should indicate to the zoning board a removal of what their jurisdiction is. There are two different issues: the issue of subdivision and the issue of variances. What the applicant intends to do is nothing other than what is consistent in the area in which the property is located. It just so happens that the way the lot is real] code compliant with respect to the requirements pp Y Y P p of the zoning code regarding setbacks, sides, bulkand all of the other requirementsuirements that apply to this code. The property, is subdividable. There is provision for parking, traffic and it is no different from what is there currently. The property well exceeds the minimum requirement. The property is subdividable, provided the applicant can establish its legal right variances under one of the three options that have been submitted. Trustee Zuckerman questioned if there are any plans before us that do not require either a waiver from this Board or a variance from the Zoning Board of Appeals. Mr. Mascali replied no. Mayor Cresenzi stated that our policy has always been to obtain the variance first, and afterwards, hear the application in public hearing form. The Zoning Board of Appeals is a quasi-judicial board and we have no authority over them to either approve or deny whatever action they take. Mr. Mascali stated that there is no question that variances are required, however they understood that the application was submitted, a public hearing was scheduled, it was understood that there were variances that were necessary. If the Board feels that it should go the Zoning Board in the first instance, my only concerns are that the zoning board then proceeds, why should they be taking action when the Board of Trustees failed to present them with the direction as to whether or not the property is subdividable. The issue of being code compliant is not the issue that this board has to address at this point, that is the jurisdiction of the Board of Appeals. Mayor Cresenzi stated that he agrees with the statement that some planning board members expressed stating that it needs a lot of variances, is not code compliant and will not benefit the Village. So far, he has not heard a strong enough argument tonight to change this. Mayor Cresenzi asked the Board if they wanted to change their usual procedure for this application and the consensus was not to deviate from the usual procedure, which means that the applicant will have to go to the Zoning Board first. Mr. Mascali stated that if that is the decision of the Board, his client will have to abide by it and make an application to the Zoning Board of Appeals. 4 September 27, 1994 005493 Mayor Cresenzi asked for a motion to close the public hearing. Attorney Ponzini stated that if the Board closes the public hearing now, they are required to act in a set period of time. If the Board is going to close the hearing and they are not prepared to act, I don't want to prejudice Mr. Mascali with a negative vote, but we should take an action. Trustee Zuckerman questioned if Mr. Mascali could consent to the Board not having to act within the sixty days. Attorney Ponzini stated that would be appropriate. Mr. Mascali stated that he and his client would consent to the Village not having to act within the sixty day requirement. Mr. Ponzini stated that on second thought, especially since the applicant is definitely going to the Zoning Board of Appeals and since the Board is not going to take an action on it, Mr. Mascali may want to withdraw his application so that there will be no negative on the records, the Board doesn't feel the pressure of the time restriction and they can go to the Zoning Board of Appeals with whatever option they feel is best for their client and they can come back with a new notice and start the time running for everyone. Mr. Mascali asked for a moment to confer with his client. Mr. Mascali then stated that his preference would be to leave the matter open and assured the board that they would be making an immediate application to the Zoning Board of Appeals but if the Board feels that it doesn't want to keep this matter open, then at this point, he and his applicant will withdraw the application and will refile it upon the determination of the Zoning Board of Appeals. 3. EDITH NISSON/BEECHWOOD BLVD/KING STREET SECTION 1, BLOCK 10, LOT 4 SUBDIVISION APPLICATION Mayor Cresenzi opened the public hearing at 8:25 p.m. Mr. Mascali, again introduced himself as the attorney for Edith Nisson. He explained that the property is located at 7 Beechwood Blvd. This property is located partially in Port Chester and partially within the Village of Rye Brook. The applicant has been to both municipalities planning departments and received approval from the Village of Port Chester Board of Trustees with respect to the property located in Port Chester. The application before the Board this evening concerns property which is shown on the map as lot number 3 which contains 15,929 square feet and is located totally within the Village of Rye Brook and lot number 1 which contains the existing house that will remain and consists of 53,755 square feet in total, 24,329 which is located in the Village of Port Chester and 28,746 which is located in the Village of Rye Brook. The existing paved driveway for lot 1 which is off of Beechwood Blvd will remain. 5 September 27, 1994 005404 Mr. Mascali stated that the entrance for lot 2 which is in the Village of Port Chester, is going to be from Beechwood Blvd as well. The driveway for lot 3 would be from King Street. Mayor Cresenzi questioned how lot number two would be treated with respect to zoning. He also questioned if there will be any further subdivision. IMr. Mascali stated that lot 2 has been approved in the Village of Port Chester. It contains 16,243 square feet and also meets the requirements of the Village of Rye Brook's requirement of 15,000 square feet, even though it is in the Village of Port Chester, so it will be consistent with the neighborhood. They went on record before the Village of Port Chester, that there is no further subdivision and will be compared to a deed restrictive property in that regard. Stephen Holden, a resident of 750 King Street stated that he was concerned with lot three which is on King Street adjoining with his parcel. The ground is a very hard t surface and there is a very high water table and the hypostatic pressure throughout the Eare is quite heavy. Frequently, there is standing water after rainfall and during the seasons. Two years ago, there was a subdivision at 760 King Street in which two houses were built in the front yard of that property. Due to this, his property was burdened with sub terranian water and it necessitated his purchasing a second sub pump requiring him to run two sub pumps to clear water coming in through his basement. The property in question also has many very fine trees and if they are removed, the water will not be l used by the trees. The houses that will go on there will just burden the neighboring li property unduly causing a hardship to our properties and the properties on Beechwood Blvd. Unless some steps can be taken or some studies done, I would ask the Board to take these into consideration prior to granting approval. Trustee Zuckerman stated that this project will be subject to obtaining a wetlands permit under the provisions added to the law at the last public hearing and hopefully that will allot you more protection. Y Mr. Mascali stated that at the Planning Board process, the issue of trees was discussed and the plan that was submitted preserves the vast majority of trees on the property and of all of the trees that are there, five trees will be moved and another two trees that are close to the driveway which may be removed. In addition, we have proposed two drywells with respect to the issue of drainage. Trustee Daly questioned the Frederick P. Clark Memo, in reference to moving the drywell. Mr. Mascali stated that this plan addresses all three of those issues. The sidewalk seemed to have been removed, at the same time the development across the street occurred. We don't know how the sidewalk got removed but the applicant has agreed to an installation of a sidewalk which was a condition of the Port Chester approval as well. 6 September 27, 1994 005495 Mr. Mascali stated that the Village of Port Chester in granting its approval stated that the sidewalk was to be installed as a condition for granting the certificate of occupancy and I would respectfully request that Rye Brook consider the same type of condition with respect to the installation of the sidewalk which the applicant is prepared to provide at the appropriate time. This plan changed the driveway location, saved the trees and �k the drywell, in response to Frederick P. Clark's memorandum. I Mrs. Holden stated that over the past few years, the applicant has neglected the sidewalk, which has become overgrown. Assuming this sidewalk belonged to her, she received a citation from the State to clean it up. She added that sometimes it takes her five minutes to get out of her driveway in the morning, which also goes out to King St. She added that she awoke one day to a buzzing noise of many Village owned trees being removed and then to have this done as well, it is really changing the complexion of where we live and asked the Board to consider that. Mr. Mascali pointed out that the Nissons have lived in Rye Brook well in excess of 19 years and are well aware of what Rye Brook and Port Chester mean with respect to trees and if you look at the plan you will see how large the site is and how much more development could be conceived on this property. The applicant has gone to great lengths to minimize tree removal to prevent the future development of this property. Mayor Cresenzi stated that the Village adopted a Tree Ordinance a few years ago which protects the trees in the Village and minimizes the impacts to the area residents. Mrs. Holden questioned if there are any guarantees that there will no further subdivision and if this Village Board could prohibit further subdivision. Mr. Mascali stated that there will be deed restrictions provided by the applicant based on public record and anyone who seeks to purchase or develop the property will be bound by those deed restrictions. Mayor Cresenzi added that when those restrictions are in place and filed with the Westchester County Clerk there can be no further subdivision of that property. A resident of 732 King Street in Port Chester stated that in reference to Port Chester approving this project, he never received notice of the hearing in the Village of Port Chester, only in Rye Brook. Mr. Mascali stated that he would have to look into the notices that were sent because they did obey the requirements. Mr. Heller remarked that the applicant states that he is going to put dry wells in but they do not work in a high water table. The Board should require the applicant to do some engineering work or some sort as assurance that the neighbors will not get more water because once the project is in, and there is additional water, then the cost becomes the neighbors and we have to consider that Loch Lane currently has a considerable amount of high water where we have spent a lot of money draining the backyards. 7 September 27, 1994 0054,36 Mayor Cresenzi stated that in reference to the comment made about draining backyards on Loch Lane, that is not true. There is a channel that runs through the rearyard of several of the homes on Loch Lane that take a lot of water from the Upper King Street Area and piping it so we will get better flow. That is part of our storm water system. We are not specifically draining or rectifying a problem on specific properties. Mrs. Holden stated that they had installed all new drywells within the last four years and it still does not help. Mr. Mascali stated that the runoff from this lot, together with the proposed drywells, should have no impact on the Holden property. Mayor Cresenzi stated that in our subdivision regulations, we have a retention factor on site and questioned how that would be substantiated so that some of the drainage concerns could be put to rest. Administrator Russo stated that we could make that a requirement in the approval resolution. Trustee Zuckerman reminded Mr. Mascali of the Wetlands Law that is proposed to be adopted this evening and added that this project will be subject to those provisions and obtain a wetlands permit. Mr. Mascali stated that his applicant would abide by any law that the Village adopts. Trustee Pellino questioned what types of trees are being removed on lot three and added that if they are sugar maples and red oaks, they would require a tree permit. Mr. Mascali stated that the trees being removed are not protected trees. On Motion made by Trustee Daly, seconded by Trustee Pellino, the public hearing was closed at 8:55 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8 September 27, 1994 005497 4. CODIFICATION OF THE ZONING LAW OF THE VILLAGE OF RYE BROOK PROPOSED INTRODUCTORY LOCAL LAW #11-1994 Mayor Cresenzi opened the public hearing at 8:55 p.m. and explained that they now may put the Zoning Code into the book. On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the public hearing was closed at 8:56 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 5. RECONSTITUTING RECREATION & PARKS COMMISSION AS THE ADVISORY COUNCIL ON PARKS & RECREATION On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION ` RECONSTITUTING THE RECREATION AND PARKS COMMISSION AS THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that the Resolution adopted on March 22, 1983 establishing the Recreation and Parks Commission, as amended, as set forth in Article 11 of Chapter A258 of the Code of the Village'of Rye Brook, be and hereby is rescinded in all respects; and it is further RESOLVED, that the following, Constitution of the Advisory Council on Parks and Recreation is hereby adopted: Article II CONSTITUTION of the ADVISORY COUNCIL ON PARKS AND RECREATION § A258-3. NAMWEXISTENCE. This organization shall be know as the Advisory Council on Parks and Recreation. Its existence and purpose shall be affirmed by the Village Board at five year intervals from April 1, 1994. 9 September 27, 1994 005498 § A258-4. PURPOSES AND DUTIES. The purpose of this organization are as follows: To promote the recreation program in the Village of Rye Brook by acting in an advisory capacity to the Village Board of Trustees and by serving as liaison between the Board and the Rye Brook community on programs and other matters pertaining to recreation. To recommend to the Village Board programs, actions or activities to be undertaken by the Board, council or Recreation Department to foster community interest in recreation programs. To make any recreation studies as the Council deems necessary for the purpose of reporting to the Board on recreation matters. To appraise the use of Village parks for the purpose of developing recommendations to the Village Board of Trustees as to their use for recreation purposes or for unprogrammed open space. To hold an annual public meeting and, with the prior approval of the Village Board, such other conferences and meeting as may be deemed advisable. To make such other studies and take other actions as may be directed from time to time [ by the Village Board of Trustees. h To report to the Village Board on its work during the preceding fiscal year by June 15 of each year. §A258-5 MEMBERSHIP. The Council shall consist of seven voting members appointed by the Board of Trustees of the Village of Rye Brook. The Superintendent of Parks and Recreation shall serve as advisor to the Council as it deems necessary. All appointments shall be for three years, j with a three term maximum. Vacancies shall be filled promptly by the Board of Trustees for any unexpired term. §A258-6. OFFICES. The officers of the Council shall be (1) a chairman appointed by the Board of Trustees from among the seven members of the Council and (2) a vice chairman appointed by the chairman from among the members of the Council. The chairman may also designate a secretary from among the members of the Council, or may appoint the Superintendent of the Department of Parks, Recreation and Conservation to serve as clerk of the Council for the purpose of assisting with notice of minutes, preparation of agendas, recording actions of the Council, and such other duties as the chairman may determine. The chairman shall preside at all meetings and appoint subcommittees. The vice chairman shall perform the duties and shall have the responsibilities of the chairman when for any reason the chairman is absent. 10 September 27, 1994 00549,9 § A258-7. MEETINGS. A quorum of any meeting of the Council shall consist of a majority of the voting members of the Council then in office. Actions and decisions of the Council shall be determined by a majority of the members present at any meeting at which a quorum is present. Trustee Daly questioned why we are starting it from April 1, 1994. Administrator Russo stated that in State Law April lst is the official year of any appointments. `t Trustee Daly stated that the constitution doesn't say anything about having a regular meeting, only an annual public meeting. Mayor Cresenzi stated that there is a requirement that we discussed during the joint meetings where it's a requirement to hold a public meeting where they invite the public to attend and discuss with them the Recreation of the Village. t Trustee Daly questioned if the Board is also going to look to set terms for the other I Boards and Commissions because it says that there is going to be a three term maximum in this council. Administrator Russo stated that this is consistent with all the Advisory Councils that the Village has and is consistent with their charters. 4 Trustee Daly stated that the constitution states that the Superintendent is required to record the actions of the Council and questioned if the secretary was present to do that. Administrator Russo stated that the Superintendent has his secretary attend the meetings, however it is his responsibility to see that the meetings are recorded. Mr. Heller questioned what the difference was between a Commission and a Council. Mayor Cresenzi stated that all of the Village's Boards are actually advisory Boards or Councils to the Village Board with the exception of the Zoning Board of Appeals which is a stand alone body. Commissions sometimes give the intention of having approval authority and the ability to set policy and none of our Boards have that so we thought by changing the name to an advisory council, we would clarify that. Trustee Zuckerman stated that this is commensurate with an ongoing process that we have had over the last year or so to try to make all of our Boards uniform in structure and in the method of doing business. Trustee Daly stated that she was abstaining because she is a former member of the Commission and still has strong ties to them and does not feel that she should vote. 11 September 27, 1994 00'aj 0 O Administrator Russo reminded the Board that they had to appoint members to this newly created Council. TRUSTEE DALY ABSTAINED TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE G. 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 On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION 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 'r RESOLVED,•that the action is found to be an unlisted action under the State Environmental Quality Review Act and the accompanying Negative Declaration is adopted; and it is FURTHER RESOLVED, that Local Law Introductory No. 10-1994 is enacted into law. i Trustees Daly and Pellino commended the Advisory Council on Environmental € Conservation for all their dedication and hard work in making this law become a reality. i Mayor Cresenzi stated that there are two other items that come to mind for the Council to work on. One is a noise ordinance with the Airport on a single incident event basis rather than the averaging over a twenty four hour period and there is some work that needs to be done with that especially with the National Resources Defense Council through Carolyn Cunningham. The other issue is our Recycling program, which we have roughly a 40% compliance. We need to get that number up significantly and perhaps some ideas and some language for the newsletter coming out. Mr. Heller stated that the tree ordinance is not being effectively enforced and perhaps the Council should make some recommendations on that as well. Mayor Cresenzi stated that if the council wants to make any recommendations, the Board would certainly be willing to listen, however, it is really up to the Board to refer projects to the Council. 12 September 27, 1994 005501, Trustee Solomon stated that he is also concerned with water pollution seeping from the Airport into the Blind Brook and perhaps the Council should look into that also. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 7. CALLING FOR A PUBLIC HEARING ON AN INCREASE IN THE SENIOR CITIZEN TAX EXEMPTION On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: f RESOLUTION CALLING FOR A PUBLIC HEARING ON AN INCREASE IN THE SENIOR CITIZEN TAX EXEMPTION C RESOLVED, that a public healing shall be held on the 25th day of October 1994 by the Board of Trustees at Village Offices at 90 South Ridge Street, Rye Brook, New York to implement an increase in the senior citizen tax exemption under Real Property Tax Law Section 467 pursuant to Chapter 261 of the Laws of 1994. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. AUTHORIZING AGREEMENT WITH TELECOM SERVICES LIMITED (US) INC. FOR TELECOMMUNICATIONS BILLING AUDIT On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION AUTHORIZING AGREEMENT WITH TELECOM SERVICES LIMITED (US) INC. FOR TELECOMMUNICATIONS BILLING AUDIT RESOLVED, that the Village of Rye Brook is hereby authorized to enter into an agreement with Telecom Services Limited (US) Inc. for telecommunications billing audit services, which agreement is subject to termination on 30 days Notice, under which Telecom will examine telephone data and telex invoices to identify overcharges, and will receive compensation at the rate of 25% of refunds or credits received by the Village on account of this examination; and it is 13 September 27, 1994 005502 FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Solomon questioned if there have been any savings in the past. Administrator Russo stated that we saved between $15,000. and $20,000. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9. APPROVING THE EXPENDITURE FROM RECREATION TRUST & AGENCY FUNDS FOR CAPITAL PARK IMPROVEMENTS On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION APPROVING THE EXPENDITURE OF RECREATION TRUST AND AGENCY FUNDS FOR CAPITAL PARK IMPROVEMENTS RESOLVED, that there is authorized from the Recreation Trust and Agency Account for Capital park improvement a sum not to exceed $10,000 for field alignment improvements to the Garibaldi Park ballfield, John J. Errigo field at Pine Ridge Park. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESEN'ZI VOTING AYE 10. RESIGNATION LETTER FROM HIGHWAY DEPARTMENT - DOUGLAS HALLENGREN On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION RESIGNATION LETTER FROM HIGHWAY DEPARTMENT - DOUGLAS HALLENGREN RESOLVED, that the Village Board hereby accepts, a letter from Douglas Hallengren, informing the Village of Rye Brook of his retirement, effective Friday, September 9, 1994; and 14 September 27, 1994 0054503 FURTHER RESOLVED, that the Village Board wishes Doug and his family a happy and healthy retirement. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 11. AUTHORIZING THE ISSUANCE OF $145,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A NEW COMPUTER SYSTEM PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK Administrator Russo explained that this was for a new computer system to update us from the System 36 to the IBM AS400 System off of the New York State Contract and some P.C.'s, company upgrades and software. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AUTHORIZING THE ISSUANCE OF $145,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A NEW COMPUTER SYSTEM PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of $145,000 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object of purpose (hereinafter referred to as "purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1994: the acquisition of a assisted financial accounting system. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $145,000 and that it plans to finance such cost by the issuance of Serial Bonds in such amount as authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. 15 September 27, 1994 00 ��: Section 4. The Board of Trustees hereby determines: a. That the purpose for which said bonds are to be issued is set forth in subdivision 81 of paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is ten (10) years; b. Not withstanding that said purpose has a useful life of ten years The proposed maturity of the Serial Bonds hereby authorized shall not be in excess of five (5) years; and C. No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specifically benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Section 30.00, 50.00 and 56.00 to 60.00 inclusive, of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official is hereby delegated to the Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such publication shall be in the Daily Item and the Westmore News, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any bond anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the constitution of the State of New York. 16 September 27, 1994 005505 Section 7. This resolution shall take effect immediately. Trustee Zuckerman stated that although we received information in writing, prior to the Village actually purchasing all of the equipment, the Board should meet with the Village Administrator and discuss all of the details of what we are getting, what it is expected to do in terms of hardware and software, training, etc. Trustee Daly questioned what 4C meant. Mr. Ponzini explained that it means the Village has not mortgaged it to purchase it. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12. APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION APPROVING PAYMENT FOR GENERAL CONSTRUCTION CONTRACT #9302 ANTHONY J. POSILLIPO COMMUNITY CENTER RESOLVED, that payment in the amount of $29,197.64 be hereby approved and made to Marathon Orbit, Inc. for costs associated with the construction of the Anthony J. :z Posillipo Community Center. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 17 September 27, 1994 00550 13. ADOPTING CODIFICATION OF ZONING LAW On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION ADOPTING CODIFICATION OF ZONING LAW LOCAL LAW INTRODUCTORY # 11-1994 RESOLVED, that the codification of the Zoning Law into the Code of the Village of Rye Brook is found to be a Type II Action under SEQR; and it is FURTHER RESOLVED, that Local Law Introductory #11-1994 is enacted into Law. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14. CHECK REGISTER E On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER i 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: 9761-9842 Medicare: 9844-9867 Pre Paid: 9759-9868 Payroll Checks: 13899-13989 Environmental: 438 Recreation Trust: NONE Capital: 2180-2192 Birthday Run: NONE NOW, THEREFORE, BE IT 18 September 27, 1994 0 0 RESOLVED, that this Board hereby authorizes payment for the above-mentioned claims and approves payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES 15. JUNE 28, 1994 16. JULY 129 1994 17. JULY 149 1994 k 18. JULY 26, 1994 Trustee Zuckerman stated that there were a few typographical errors that he would have corrected, but other than that, the minutes are fine. On Motion made by Trustee Daly, seconded by Trustee Pellino, the minutes of June 28, 1994, July 12, 14, and 26, 1994 were hereby adopted. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE E WRITTEN COMMUNICATION 19. SHEILAH ENO, CHAIRPERSON UNITED HOSPITAL TWIG FAIR ` RE: SIGN REQUEST FOR ANNUAL HOLIDAY FAIR Administrator Russo stated that he would contact the Chairperson and inform her of the 12 square foot requirements of our amended sign law. DISCUSSION Trustee Pellino stated that tomorrow is our Grand Opening at the Anthony J. Posillipo Community Center which we are all looking forward to and suggested that the Board consider having a Village Board Meeting at the center in the future. Administrator Russo stated that he would need to check the Recreation schedule as they have programs there in the evenings. 19 September 27, 1994 00550$ Mr. Heller stated that his mother in law lives on 13 Knollwood Drive and the water rises there very rapidly and she has severe flooding. The neighbor at 5 Concord Place has filled in substantial amounts of ground which lets 4 feet of extra water into her basement. He requested that this be rectified prior to the winter because this is causing her a severe hardship. He added that this should come under the flood plane act. Mayor Cresenzi stated that the Village would look into it. 9 Trustee Solomon stated that Rye city addresses the problem of dead trees on private property and suggested that Rye Brook look into it as well. Trustee Pellino stated that we may already address that in our tree law, but we could look into it. 1 t Administrator Russo stated that we need a resolution for the October agenda meeting and for an Executive Session for 6:30 p.m. that same evening on personnel matters. t On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION OCTOBER AGENDA MEETING RESOLVED, that the October Agenda meeting will be held on Wednesday, October 12, 1994 at 8:00 p.m. r TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLVED, that on Wednesday, October 12, 1994 at 6:30 p.m. the Board of Trustees will hold an Executive Session to discuss Personnel Matters. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 20 September 27, 1994 005509 ADJOURNMENT On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the Board adjourned into Executive Session at 9:30 p.m. TRUSTEE DALY VOTING AYE i TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE f Respectfully submitted, F. Elizabeth Bottah Secretary to Village Board 21