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HomeMy WebLinkAbout1997-10-14 - Board of Trustees Meeting Minutes October 14, 1997 AGENDA I VILLAGE OF RYE BROOK BOARD OF TRUSTEES --AGENDA MEETING AT VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 14, 1997 -- 7:30 P.M. PLEDGE OF ALLEGIANCE RESOLUTIONS: ACTION: 1. REFERRING THE HIGH POINT VILLAGE SUBDIVISION AND SITE PLAN APPLICATION FOR PLANNING BOARD REVIEW. 2. AWARDING CONTRACT#9707 FOR ONE HANDICAPPED ACCESSIBLE 21 PASSENGER VAN. 3. AWARDING CONTRACT#9708 FOR TREE REMOVAL. 4. AUTHORIZING WESTCHESTER COUNTY TO APPLY ON THE VILLAGE OF RYE BROOK'S BEHALF FOR STATE DEC GRANT FUNDING FOR"I& P' SEWER REPAIRS. 5. AUTHORIZING A SMALL CLAIMS ASSESSMENT REVIEW STIPULATION OF SETTLEMENT FOR THE OWNERS OF 5 WINTHROP DRIVE. 6. REFERRING TO THE PLANNING BOARD THE PROPOSED 2-LOT ROTHENBERG SUBDIVISION FOR 88 NORTH RIDGE STREET SEC. 19 BL. 59 LOT 19A-1. 7. AUTHORIZING THE VILLAGE OF RYE BROOK TO ASSIST THE PORT CHESTER PUBLIC LIBRARY WITH HEATING SYSTEM REPLACEMENT COSTS. 8. DESIGNATING 1998 VILLAGE GENERAL ELECTION DATE AND OFFICES TO BE FILLED. 9. APPOINTING NEW BIRTHDAY COMMITTEE CO-CHAIRS. 10. BUDGET MODIFICATION-- POLICE OVERTIME. 12 October 14, 1997 PAGE TWO I 11. CHECK REGISTERS. WRITTEN COMMUNICATIONS: ACTION: 12. ROBERT C. VITTI, P.C. HIGH SCHOOL BAND DIRECTOR: REQUESTING A 3' X 5' VILLAGE OF RYE BROOK FLAG FOR THE MARCHING BAND'S HONOR GUARD. DISCUSSION: 13. ZONING MAP NEXT MEETING DATES: REGULAR MEETING OCTOBER 30, 1997 AGENDA MEETING NOVEMBER 18, 1997 13 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES 00654"-) VILLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK OCTOBER 14, 1997 7:30 p.m. 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. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator Richard C. Slingerland Village Planning Consultant Christian Miller Village Engineer Victor Carosi Village Treasurer Joseph Cortese Fire Chief William D. McCluskey RESOLUTIONS: 1. REFERRING THE HIGH POINT VILLAGE SUBDIVISION AND SITE PLAN APPLICATION FOR PLANNING BOARD REVIEW: Trustee Pellino said the Board had received a letter from the applicant regarding fees. Mayor Cresenzi said that there was a discussion about the outstanding fees and that the referral does not waive the fees. Administrator Russo said that the fee was based on the site plan and the subdivision and that they would be discussing it further. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION HIGH POINT VILLAGE SUBDIVISION AND SITE PLAN REFERRAL RESOLVED, that the Site Plan and Subdivision Application for High Point Village is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the Applicant shall settle all outstanding professional fee and SEQR Review charges associated with the High Point PUD and other reviews that have been performed by the October 14, 1997 Village and its Consultant(s) to date; and it is 006 rt 50 FURTHER RESOLVED, that the Applicant shall pay the additional sum of$25,000, into the professional fees escrow account to defray the cost of consultant review of the application and shall pay such further sums as may be requested for such purpose on the request of the Village Administration, Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 2. AWARDING CONTRACT#9707 FOR ONE HANDICAPPED ACCESSIBLE 21 PASSENGER VAN: ,Trustee Zuckerman pointed out that $50,000 out of the $52,000 would be coming from a Community Development Block Grant. Trustee Pellino and Trustee Tunis thanked the senior citizens and their coordinator for their efforts in securing the grant. Administrator Russo said that the delivery of the van would probably be in the winter or spring. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: iRESOLUTION AWARDING CONTRACT#9707 ONE HANDICAPPED ACCESSIBLE 21 PASSENGER VAN WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract#9707 entitled, "One Handicapped Accessible 21 Passenger Van (new equipment);" and WHERE,AS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook; and WHEREAS, during the notice period six (6) copies of the contract documents were picked up or mailed out to vendors; and WHEREAS, on 2:00 p.m. E.S.T., Friday, September 19, 1997 the Village of Rye Brook publicly opened and read three (3) proposals; and WHEREAS, on reviewing the bids, the Village Administrator and the Assistant to the Administrator/Senior Coordinator have determined that the lowest responsible bidder meeting specifications is Lennox Bus Sales, Inc., of Tarrytown, New York, for the bid price of$52,129 for furnishing this equipment. NOW, THEREFORE, BE IT 2 October 14. 1997 ®0 6 5) I RESOLVED, that Contract #9707 entitled, "One Handicapped Accessible 21 Passenger Van (new equipment)" is hereby awarded to Lennox Bus Sales, Inc., of Tarrytown, New York, for the total bid price of$52,129 FURTHER RESOLVED, that the Mayor is hereby authorized to execute the contract and all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 3. AWARDING CONTRACT#9708 FOR TREE REMOVAL: ,On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION AWARDING CONTRACT#9708 TREE REMOVAL WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract#9708 entitled, "Tree Removal;" and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook; and WHEREAS, during the notice period nine (9) copies of the contract documents were picked up or mailed out to vendors; and WHEREAS, on 2 p.m. E.S.T. on Friday, September 19, 1997 the Village of Rye Brook publicly opened and read four (4) proposals; and WHEREAS, on reviewing the bids, the Village Administrator and the Highway Foreman have determined that the lowest responsible bidder is Central Tree Service of Rye, New York, at a total approximate bid price of$8,790.00 for performing this work. NOW, THEREFORE, BE IT RESOLVED, that Contract #9708 entitled, "Tree Removal" be awarded to Central Tree Service of Rye, New York, at the total approximate bid price of$8,790.00; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute the contract and all documents necessary or appropriate to accomplish the purposes of this Resolution. 3 October 14, 1997 006552 Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 4. AUTHORIZING WESTCHESTER COUNTY TO APPLY ON THE VILLAGE OF RYE BROOK'S BEHALF FOR STATE DEC GRANT FUNDING FOR"I& I" SEWER REPAIRS: On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION NYS DEC CLEAN WATER/CLEAN AIR BOND ACT-- TITLE 3, SECTION 56-0303 WATER QUALITY IMPROVEMENT PROJECT APPLICATION THROUGH WESTCHESTER COUNTY WHEREAS, the New York State Department of Environmental Conservation (NYS DEC) has identified a problem with excess water flow and inadequate sewage treatment at Westchester County's sewage treatment plants; and WHEREAS, the excess flows to the sewage treatment plants are caused by water inflow and infiltration (I & 1) into the sanitary sewer systems, and Westchester County government is under a consent order issued by the NYS DEC to remediate the problems in the sanitary sewer systems; and WHEREAS, the County has directed the municipalities to correct the problems of inflow and infiltration in local sewers to meet the requirements of the consent order; and WHEREAS, the Westchester Municipal Officials Association and the County recognize that a regional approach to correct the problems of"I & I" and sewage treatment are financially and economically beneficial to the residents of the County; and WHEREAS, this project has been determined to be eligible for funding under the 1996 New York State Clean Water/ Clean Air Bond Act. NOW, THEREFORE, BE IT HEREBY RESOLVED,that the County Executive or his designee is authorized to execute and file an application on behalf of Westchester County and the Village of Rye Brook to accept funding on behalf of the Village of Rye Brook from the New York State Clean Water/Clean Air bond Act Funds for aid in financing the restoration and rehabilitation of various County and Municipal Sewer Systems pursuant to the DEC consent orders as they apply to the various county sewer districts; and be it FURTHER RESOLVED,that the Village of Rye Brook agrees that it will provide funding in an amount not to exceed fifteen percent (15%) of the cost to perform the work if the Village of Rye Brook were to 4 October 14. 1997 006553 perform all of the work noted for the Village of Rye Brook in the original SSES reports ; and be it FURTHER RESOLVED, that the estimated total cost for all of the project work in Rye Brook is presently $165,000, of which a 15% Rye Brook maximum contribution is calculated to be approximately $25,000, and the Rye Brook commitment shall be limited to such share, unless Rye Brook and its Board of Trustees shall determine to increase Rye Brook's commitment; and be it FURTHER RESOLVED, that the Village of Rye Brook agrees that funds will be available for the sole purpose of providing the local contribution required under this grant application. Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 5. AUTHORIZING A SMALL CLAIMS ASSESSMENT REVIEW STIPULATION OF SETTLEMENT FOR THE OWNERS OF 5 WINTHROP DRIVE: On the motion of Trustee Tunis, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION APPROVING SMALL CLAIMS STIPULATION OF SETTLEMENT AND ASSESSMENT REDUCTION FOR RICHARD ROSENSTEIN AND JODI FREID 5 WINTHROP DRIVE, RYE BROOK RESOLVED, that the Village of Rye Brook ratifies and approves a Small Claims Assessment Reduction for Richard Rosenstein and Jodi Freid, 5 Winthrop Drive, Rye Brook, for assessment year 1997 (Index No. 97-0485) as set forth in a stipulation of settlement ordered July 30, 1997; and it is FURTHER RESOLVED,that the Village of Rye Brook or its designee is authorized to execute and deliver all documents necessary and/or appropriate to accomplish the purposes of this Resolution; and it is /1 FURTHER RESOLVED, that the Village of Rye Brook authorizes the refund of taxes, if necessary, pursuant to this settlement, as appropriate to accomplish the purposes of this Resolution. Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 5 October 14 1997 0065-54 6. REFERRING TO THE PLANNING BOARD THE PROPOSED 2-LOT ROTHENBERG —I SUBDIVISION FOR 88 NORTH RIDGE STREET SEC. 1. BL.5, LOT 19A-1: Mayor Cresenzi said that he spoke with Victor Carosi, the Village engineer. He said that regarding flooding according to EMA, the pond may be environmentally sensitive and the sewer easement could pose problems in siting the home. Also, he said that the map does not show topographical information. Trustee Zuckerman said that the would like to amend the resolution so that the application would require a wetlands permit. Trustee Pellino said that part of the resolution is that the applicant would have to pay a fee. He questioned if it was fair that the applicant's money be tied up. Administrator Russo said that the"further resolved" part of the resolution should be modified. Mayor Cresenzi asked that the change be noted in the resolution and that the roll be called. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted as amended: RESOLUTION REFERRING TO THE PLANNING BOARD THE PROPOSED 2-LOT ROTHENBERG SUBDIVISION FOR 88 NORTH RIDGE STREET SECTION 1, BLOCK 5, LOT 19A-1 RESOLVED,that the subdivision application of Shirley Rothenberg for a 2-lot subdivision at 88 North Ridge Street, Section 1, Block 5, Lot 19A-1, is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the applicant shall pay into the Professional Fees/Environmental Review fund a sum of seven hundred and fifty dollars ($750) and such additional amounts as may be requested to defray professional and environmental review costs, subject to meeting with the Village Engineer, prior to being placed on the Planning Board Agenda and making a Wetlands Permit Application. Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 7. AUTHORIZING THE VILLAGE OF RYE BROOK TO ASSIST THE PORT CHESTER PUBLIC LIBRARY WITH HEATING SYSTEM REPLACEMENT COSTS: Administrator Russo said that Port Chester approved the resolution on October 1, 1997. Trustee Zuckerman questioned the economics of the situation and if it added up. 6 October 14, 1997 006555 Trustee Pellino thought that the resolution was positive and he commended Trustee Tunis for securing ithe agreement. Trustee Zuckerman said that they should speak to their Albany representatives to get the funds back, if possible. Trustee Tunis said that the Village of Rye Brook has had its rates raised yearly while Port Chester's rates have remained the same for the past three years. She also said that Port Chester has been asked to increase their contributions but they refused to do so. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION PORT CHESTER PUBLIC LIBRARY ADDITIONAL HEATING SYSTEM REPLACEMENT COSTS WHEREAS, the Port Chester Public Library provides a free library and reading room for the use of the inhabitants of the area comprised of the Village of Port Chester and the Village of Rye Brook; and WHEREAS, the Port Chester Public Library receives annual funding from the Village of Port Chester and the Village of Rye Brook; and - WHEREAS, the Library has informed the Village of Rye Brook that an extraordinary capital expenditure must be made for a new heating system estimated to cost $138,500 for which $25,000 has been put aside by the Library; and WHEREAS, the Library has requested the Village of Port Chester and the Village of Rye Brook to provide additional funding for the new heating system above and beyond the amount ordinarily provided in annual funding; and WHEREAS, the Village of Rye Brook has advised the Library that it will assist with the funding of the new heating system up to an amount equal to the financial contribution of the Village of Port Chester; and WHEREAS,the Library advises that it has received a similar commitment from the Village of Port Chester; and WHEREAS, the Library has requested the Village of Port Chester and the Village of Rye Brook to adopt Resolutions setting forth commitments so that the Library may be in a position to borrow the necessary monies; and WHEREAS, in October, 1997, the Village of Port Chester adopted a Resolution providing its assurance and the Village of Rye Brook wishes to provide its similar assurance by the adoption of this Resolution. NOW, THEREFORE, BE IT HEREBY 7 October 14, 1997 006556 RESOLVED, that the Village of.Rye Brook does hereby provide its assurance to the Port Chester Public Library that Rye Brook will provide an additional sum to the Library not to exceed $70,000 to be paid to the Library in annual installments for each of the next five (5) fiscal years commencing June 1, 1998, to be used for heating system replacement costs, provided the same amount is paid to the Library for this purpose by the Village of Port Chester; and be it FURTHER RESOLVED, that the foregoing amount is intended to be in addition to amounts of annual funding including increases, that may be agreed to. Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE S. DESIGNATING 1998 VILLAGE GENERAL ELECTION DATE AND OFFICES TO BE FILLED: On the motion of Trustee Zuckerman, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION DESIGNATING DATE OF VILLAGE ELECTION AND OFFICES TO BE FILLED IN THE VILLAGE ELECTION WHEREAS, pursuant to Section 15-104, Sub. 3 (a) of the Election Law, the Village Clerk shall, at least four months prior to the General Village Election, publish a notice designating the date of the Village election, the offices to be filled at such election, and the terms thereof. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes that the following Public Notice be posted and also published in the Daily Item and the Westmore News, Official Newspapers of the Village of Rye Brook, as follows: PUBLIC NOTICE PLEASE TAKE NOTICE that the next General Election in the Village of Rye Brook is to be held on Tuesday, March 17, 1998; and PLEASE TAKE FURTHER NOTICE, that the offices to be filled are: Mayor(1) and Trustees (2) for a two-year term of office commencing at noon on the first Monday in April, 1998, which is Monday, April 6, 1998, and concluding on the first Monday in April, 2000, which is Monday, April 3, 2000. By Order of the Board of Trustees Village of Rye Brook, New York 8 October 14, 1997 006557 Salvatore M. Cresenzi, Mayor Christopher J. Russo, Village Clerk Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 9. APPOINTING NEW BIRTHDAY COMMITTEE CO-CHAIRS: On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was adopted: RESOLUTION APPOINTMENT OF BIRTHDAY COMMITTEE CHAIRMEN RESOLVED, that Mr. George D'Atino of 8 Bell Place, Rye Brook, New York, is hereby appointed as Rye Brook Birthday Committee Co-Chairman; and be it RESOLVED, that Mr. Chris Inzero of 229 Country Ridge Drive, Rye Brook, New York is hereby appointed as Rye Brook Birthday Committee Co-Chairman. Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 10. BUDGET MODIFICATION—POLICE OVERTIME: On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION BUDGET MODIFICATION POLICE DEPARTMENT OVERTIME RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.1990.424 101.3120.189 $28,000 (Contingency) (Police Dept. - Overtime) Trustee Strum VOTING AYE Trustee Tunis VOTING AYE 9 October 14, 1997 006558 Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE 11. CHECK REGISTERS: On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION CHECK REGISTER WHEREAS,the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment and have been certified to by the Village Administrator: On-Line Checks 17251 -17365 Payroll 24022 -24131 Environmental 116 & 118 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees after audit hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Strum VOTING AYE Trustee Tunis VOTING AYE Trustee Zuckerman VOTING AYE Trustee Pellino VOTING AYE Mayor Cresenzi VOTING AYE WRITTEN COMMUNICATIONS: 12. ROBERT C VITTI P.C. HIGH SCHOOL BAND DIRECTOR: REQUESTING A 3' x 5' VILLAGE OF RYE BROOK FLAG FOR THE MARCHING BAND'S HONOR GUARD: Administrator Russo discussed the Band's request for a Rye Brook Flag and said that the flag would be carried at the Macy's Thanksgiving Day Parade. Trustee Pellino said that the Port Chester High School Band was a group of fine musicians. The Board happily agreed to give them the flag. DISCUSSION: 13. ZONING MAP: Christian Miller spoke about the revised zoning map. He said that the new map included property lines and was done on a computer. He also said that the zoning on Arrowwood was unclear and that it had 10 October 14. 1997 00 b 5 5 a) been made into a PUD district. Hawthorne Ave. and High Point had been subject to some zoning changes as well. Mr. Miller said that the Planning and Zoning Boards could review the revised zoning j map and then a local law could be drafted. Trustee Pellino asked if the re-zoned property on Bowman Ave. was correctly shown on the new map. Mr. Miller said that he would confirm it. Trustee Pellino also said that he was not in agreement with the listing of 114 acres of Arrowwood as a PUD because he did not recall that the Board had approved it as a combined PUD. Village Attorney Ken Powell and Mayor Cresenzi explained that the individual lots could not be split up. Mr. Powell said that he reviewed the records provided to him and that the approval of the resolution has no reference to other zoning. Mr. Powell said that if Arrowwood was divided then there would be problems determining where the district line would be. He said that the issue was determined by what was actually done in 1991. Mayor Cresenzi asked about the King Street R20 district and suggested moving the line to the center line of King Street. Trustee Zuckerman asked if the lines on the map were property lines or tax lines. Mr. Miller said that they were both and that the information came from the tax assessor's map. Trustee Strum and Mr. Miller agreed that the cluster developments should be indicated on the zoning. Mayor Cresenzi asked about the process of adopting the zoning map. Mr. Powell explained that after the draft map satisfied everyone, it could be referred to the Planning Board. Then there would be a public hearing and a local law would be adopted. He said that perhaps it would even go to the Zoning Board. Mayor Cresenzi asked that a distribution resolution be put on for the next meeting. Mayor Cresenzi announced the next meeting dates. Trustee Tunis briefly mentioned a workshop that would take place at Blind Brook High School regarding the rights of police officers and young adults. It was sponsored by the Blind Brook High School SADD club and the Rye Brook Police Department. Ken Heller of 22 Lincoln Ave. spoke about the construction of bridges taking place on Westchester Ave. He asked if the Village could get them to speed it up. Trustee Strum said that the State Department of Transportation would be the ones to talk to. Trustee Pellino said that the connection of utilities might be holding them up. Mayor Cresenzi asked Village Engineer Victor Carosi to contact someone from the Department of Transportation to find out their schedule. Administrator Russo said that their original schedule was to be done by this fall. There being no further business, the meeting was adjourned at 8:30 p.m. . RespecIlysubmitted, 4CisipWheriOd,�O Village Administrator 11