Loading...
HomeMy WebLinkAbout1998-10-20 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 20, 1998- 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HE, 1. CONTINUATION OF HEARING ON THE PROPOSED ZONING AMENDMENT.REGARDING PUD ZONING AND THE PROPOSED SITE PLAN SUBDIVISION AND WETLANDS PERMIT APPLICATIONS FOR ARROWWOOD/PFIZER INC. 2. CONSIDERING THE SITE PLAN AMENDMENT APPLICATION OF BETTINA MCKEE FOR 53 TALCOTT ROAD. RESOLUTIONS: 3. CONSIDERING APPROVAL OF THE SITE PLAN AMENDMENT APPLICATION OF BETTINA MCKEE FOR 53 TALCOTT ROAD. I 4. CONSIDERING AMENDING THE VILLAGE CODE TO ADD A STOP SIGN ON WINDSOR ROAD AT ARGYLE ROAD. 5. DECLARING VARIOUS EQUIPMENT SURPLUS. 6. TRANSFERRING A DUMP TRUCK TO THE TOWN OF RYE. 7. AWARDING CONTRACT 9807 FOR A FIRE TRUCK. 8. CONSIDERING AUTHORIZING THE SALE OF SERIAL BONDS TO FUND THE ACQUISITION OF A FIRE TRUCK. 9. CONSIDERING AMENDING THE NON-UNION BENEFITS AND POLICY MANUAL. 10. CHECK REGISTERS. MINUTES: 11. SEPTEMBER 1, 1998 BOARD MEETING 12. OCTOBER 6, 1998 BOARD MEETING October 20, 1998 PAGE 2 DISCUSSION: 13. LAWSUIT BETWEEN TOWN OF RYE AND VILLAGE OF MAMARONECK REGARDING MAINTENANCE OF BRIDGES. 14. STATUS OF THE ARROWWOOD/PFIZER PRELIMINARY FEIS. NEXT TRUSTEES MEETINGS: NOVEMBER 3, 1998 NOVEMBER 17, 1998 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK OCTOBER 20, 1998 CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Donald E. Degling Trustee Joseph Pellino Trustee Eugene R. Strum 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 Secretary to the Administrator Debby Ybarra Village Engineer, Victor Carosi, P.E. Chief Robert Santoro, Police Joe Cortese, Treasurer Christian K. Miller, Village Planner, F. P. Clark Associates PUBLIC HEARING 1. CONTINUATION OF HEARING ON THE PROPOSED ZONING AMENDMENT REGARDING PUD ZONING AND THE PROPOSED SITE PLAN SUBDIVISION AND WETLANDS PERMIT APPLICATIONS FOR ARROWWOOD/PFIZER INC. Dave Smith from Saccardi and Schiff submitted a final environmental impact statement to the Village. Christian Miller, the Village Planner, advised Mayor Filipowski that they are still reviewing the document and he wanted to take special care in doing so. Bruno Gioffre, attorney for the applicant, understood that the work is being finished by the planner and that issues have been resolved or are close to resolution. Mr. Gioffre stated that the time table is the real concern. Christian Miller advised that they would have a memorandum by the end of the week. Mr. Gioffre would like this issue scheduled for the meeting of November 3, 1998. Christian Miller assured the Board that they will have comments prior to that date and he will provide a October 20, 1998 copy to the applicant. He asked that the Board provide their comments on the FEIS as soon as possible. Bruno Gioffre asked if the Board is prepared to make its comments at this time. He also asked if the Board will be doing anything substantive before the November 3'meeting, or if there's a possibility of a special meeting for this issue? Steve Silverberg, representing the Doral Greens Homeowners Association, asked if the public hearing will be kept open because the Board process is not completed. He would like to hold his comments to see whether the issues can be resolved but doesn't want to be precluded by having a closure of the public hearing. The Mayor assured him that his concerns would be addressed. On the motion of Trustee Strum, seconded by Trustee Pellino, the public hearing was adjourned to November 3, 1998 at 7:30 PM. Trustee Zuckerman asked Mayor Filipowski if they should foreclose the possibility of a special meeting, the Mayor stated that they should leave it open, possibly have a work session. Steve Silverberg asked that it not be 10/22/98. Christian Miller stated that if the Board has comments they could possible provide them in writing and on November 3 d as well. 2. CONSIDERING THE SITE PLAN AMENDMENT APPLICATION OF BETTINA MCKEE FOR 53 TALCOTT ROAD. Village Administrator, Christopher Russo asked if anyone had comments. Trustee Pellino asked what progress has been made by the Talcott Homeowners Association to prevent these issues from happening in the future. Christian Miller spoke with Steven Price, the President of Talcott Woods Homeowners Association. Mr. Price was going to present it to the Design Review Committee of the Homeowners Association. They talked about developing some standards for the Boards consideration. An alternative was developed whereby there would be a threshold where greater than the threshold would require approval by the Trustees, the Building Department would approve anything smaller than that. Mr. Miller stated that it would be difficult to develop uniform standards with the lack of uniformity of the lots. Trustee Zuckerman agreed that it sounds like a good solution. The Planning Board should develop the initial standards. Trustee Pellino asked if that requires a public hearing? Village Attorney Powell stated that would be the best way to handle it, via a local law. The Cluster provisions allow you to vary zoning laws to the extent that the subdivision has varied them. Trustee Degling noted that the plan increases the length of the house by 10 feet and produces a fairly large second floor room with a skylight to the roof which could be quite a useful room for which the only access is a pull down stairway. He is concerned about the safety and fire aspect. The Building Inspector -2- October 20, 1998 and Engineer should look at this. David Rivera from Damore Design Studio, the Architect responsible for the plans, informed the Board that the intent of that room is additional storage space. There is no intention to use it for living space. It is uninhabitable. Modifications to the bathroom are to increase comforts, he stated, and not to add an additional bedroom. Trustee Zuckerman asked Village Engineer Victor Carosi if that is what the plans state. Mr. Carosi stated that it is storage space on the plans. On the motion of Trustee Strum, seconded by Trustee Pellino, the public hearing was closed. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILH'OWSKI VOTING AYE RESOLUTIONS: 3. CONSIDERING APPROVAL OF THE SITE PLAN AMENDMENT APPLICATION OF BETTINA MCKEE FOR 53 TALCOTT TOAD. The Village Administrator read the resolution. Trustee Strum asked Trustee Degling if he heard answers that are acceptable to his questions? Trustee Degling stated that he did, and Trustee Strum moved the resolution. On the motion of Trustee Strum, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION APPROVAL OF THE SITE PLAN AMENDMENT APPLICATION OF BETTINA McKEE 53 TALCOTT ROAD (SEC. 1, BL. 5-H, LOT 43) WHEREAS, the Board of Trustees of the Village of Rye Brook received an application from Bettina McKee 53 Talcott Road to amend the site plan of the Talcott Woods Cluster subdivision (Sec. 1, Bl. 5-H, Lot 43) and add approximately 170 square feet of space to an existing home; and WHEREAS, prior to submission of this application, a similar application was reviewed and approved by the Talcott Woods Home Owner's Association; and WHEREAS, the Village of Rye Brook Architectural Review Board met on September 16, 1998, and approved the application and the Village of Rye Brook Planning Board met on October 15, 1998, and recommended the application be approved; and -3- October 20, 1998 WHEREAS,the Board of Trustees called for a public hearing on the application to be held on October 20, 1998; and WHEREAS, the Board of Trustees held a public hearing on October 20, 1998 and heard all parties who wished to make comment on the application. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees hereby finds that the application is unlisted action under SEQRA which requires no further environmental review; and be it FURTHER RESOLVED, that the Board of Trustees hereby approves the application of Bettina McKee to amend the site plan of the Talcott Woods Cluster subdivision (Sec. 1, Bl. 5-H, Lot 43) and add approximately 170 square feet of space to an existing home at 53 Talcott Road in accordance with the following plans: Sheet Title e Drawing No, I-1, No. I of 3, Proposed Addition and Alterations to McKee Residence, 53 Talcott Rd., Rye Brook, New York. e Drawing No. A-1, No. 2 of 3, Proposed Addition and Alterations to McKee Residence, 53 Talcott Rd., Rye Brook, New York. • Drawing No. A-2, No. 3 of 3, Proposed Addition and Alterations to McKee Residence, 53 Talcott Rd., Rye Brook, New York. FURTHER RESOLVED, that the Mayor is authorized to execute any and all documents necessary or appropriate to accomplish the purposes of this approval Resolution; and be it FURTHER RESOLVED, that except as modified herein, the Site Plan of the Talcott Woods Cluster Subdivision shall remain the same. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. CONSIDERING AMENDING THE VILLAGE CODE TO ADD A STOP SIGN ON WINDSOR ROAD AT ARGYLE ROAD. The Village Administrator, Christopher Russo read the resolution. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION STOP SIGN ON -4- October 20, 1998 WINDSOR ROAD AT ARGYLE ROAD WHEREAS, the Rye Brook Traffic Commission met and considered a request to install a stop sign on Windsor Road at the intersection of Argyle Road now that Argyle Road is a through-street into Sylvan Road, Port Chester. NOW, THEREFORE, BE IT RESOLVED,that in accordance with the recommendation of the Traffic Commission, Section 240-11c. of the Rye Brook Village Code is hereby amended to add the following stop intersection: Name of Street Intersecting Street Windsor Road Argyle Road 'trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5. DECLARING VARIOUS EQUIPMENT SURPLUS. The Village Administrator read the resolution. Trustee Pellino had a question about the utilization of the old bus for other village purposes, such as being used as a passenger vehicle and/or day camp during the summer or utilization by the police department for emergency equipment. He asked if those plans were not viable or had been dropped? Administrator Russo replied that they don't want to use it for day camp because the new bus is more adequate and safer. The primary focus was to use it for police and it was discussed with the Chief. Chief Santoro then stated that to utilize it would take a lot of upgrade and they were approved by the state and federal government to get involved with their surplus plan. What the state could offer may be more adaptable to use as a communication or command center, if it was needed. On the motion of Trustee Zuckerman, seconded by Trustee Strum, the following resolution was adopted: RESOLUTION DECLARING EQUIPMENT SURPLUS AND AUTHORIZING ITS DISPOSITION RESOLVED, that the equipment set forth in the attached list is declared surplus and the Village Administrator, or his designee, is authorized to dispose of such equipment by auction and/or bid, as the Village Administrator deems in the Village's best interests. Truck# Make Model Year VIN Description 21 GMC 6000 1979 T17DD9V62391 5 yd. dump w/plow 33,200 lb. GVW 4 cyl. Detroit Diesel 53 series -5- October 20, 1998 23 GMC 1981 1GDP7D1G2BV589969 5 yd. dump truck, Fuel Pincher series, 8 cyl. Diesel, medium duty 24 GMC 3500 1985 1GDJK34M9FV605090 Sierra 4WD 1 '/2 yd. dump w/plow Bus-1 Chevy G-30 1987 2GBHG31KCH4116852 15 Passenger Box Van Chevy 1988 1G1GZ11G7JP107862 Monte Carlo 21 Giant Vac 680OTM Serial No. 168813 20 yd. Leaf Loader on trailer White 4 cyl. Gas Mauldin 1450W Asphalt Roller, 1500 lb. Circa 1975 Flink LMC54 Serial No. 4689 Hydraulic Salt Spreader, 6.4 yd. capacity w/liquid calcium tank Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 6. TRANSFERRING A DUMP TRUCK TO THE TOWN OF RYE. This item was tabled to November 3, 1998. 7. AWARDING CONTRACT 9807 FOR A FIRE TRUCK. The Village Administrator read the resolution. Trustee Degling asked what a Quint fire truck would cost? Administrator Russo stated $425,000 to $450,000 and up to $600,000. This Quint is a 1996. On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was adopted: RESOLUTION AWARDING CONTRACT NO. 9807 FIRE TRUCK WHEREAS, on September 26, 1998, bids were publicly advertised for Contract No. 9807; and WHEREAS, bid packages were sent to three (3) potential bidders and one bid was returned; and WHEREAS, on October 14, 1998 the bid from Rural/Metro Fire Department Inc. was publicly -6- October 20, 1998 opened. NOW, THEREFORE, BE IT RESOLVED, that Contract No. 9807 is awarded to Rural/Metro Fire Department Inc. in the.sum of$325,000; 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 DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE $. CONSIDERING AUTHORIZING THE SALE OF SERIAL BONDS TO FUND THE ACQUISITION OF A FIRE TRUCK. Administrator Russo summarized the resolution. Trustee Zuckerman asked for the length of time the Village was proposing to bond this purchase. Administrator Russo stated 20 years, but that they have within the first 5 years to take out the serial bond for it. They will not go to long term bond immediately. Within the next year they will probably have the serial bonds issued for it. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION BOND RESOLUTION DATED OCTOBER 20, 1998 AUTHORIZING THE ISSUANCE OF $335,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A FIRE TRUCK 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$335,000 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 or 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 1998: the acquisition of a Fire Truck. -7- October 20, 1998 Section 3. The Board of Trustees has determined and hereby stated that the estimated maximum cost of such purpose is $335,000 and that it plans to finance such cost by the issuance of Serial Bonds authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. 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 27 of paragraph(a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is twenty (20)years; (b) the proposed maturity of the Serial Bonds hereby authorized is 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 specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 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 noted 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 noted 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 by 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 of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village 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 Journal 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 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 said Village is not authorized to expend money, or the provisions of law 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. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of the Village Law. -8- October 20, 1998 TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILH'OWSKI VOTING AYE 9. CONSIDERING AMENDING THE NON-UNION BENEFITS AND POLICY MANUAL. This item was tabled to November 3, 1998 to address some additional questions on language. 10. CHECK REGISTERS. Administrator Russo read the resolution. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION CHECK REGISTERS WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment: On-Line Checks 19597 - 19679 Payroll 27213 - 27325 Environmental 162 & 163 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook after audit hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE MINUTES: 11. SEPTEMBER 1, 1998 BOARD MEETING. 12. OCTOBER 6, 1998 BOARD MEETING. Trustee Strum noted that on page 6 he had provided a change in the word from rule to ruling, approximately 10 lines up from the bottom. The Mayor asked if the motion could be combined so the Board could approve both minutes. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the Board unanimously approved the aforementioned minutes. -9- October 20, 1998 DISCUSSION: 13. LAWSUIT BETWEEN TOWN OF RYE AND VILLAGE OF MAMARONECK REGARDING MAINTENANCE OF BRIDGES. Trustee Zuckerman stated that last summer we started to get some papers from the Town of Rye regarding a lawsuit between the Village of Mamaroneck, as Plaintiff, against the Town of Rye regarding maintaining bridges located in the Village of Mamaroneck and purportedly according to the lawsuit should have been maintained by the Town of Rye. The problem as it effects Rye Brook is that.the Town of Rye sets forth it its papers that if the Town of Rye is required to maintain the bridges, the Village of Port Chester has a charter provision preventing it from any highway maintenance outside of the Port Chester boundaries, virtually leaving the full burden of bridge maintenance on the taxpayers of the Village of Rye Brook and Town of Rye sections of the Village of Mamaroneck. We should ask Monroe Mann, the Town Attorney to come to our Board to address us on this issue and to discuss this in public session. Mayor Filipowski believes that Mr. Mann has a client and that he is an advocate for that client. Until the Village of Rye Brook is made a party to the lawsuit they can't bring us in. They should do all they are doing until Rye Brook is brought in. Attorney Powell stated that he is not completely familiar with all the paperwork. He thought the issue is how the cost of the maintenance of the bridges will be apportioned on the taxpayers and that it could be done through the government. He thought there might be an impact. As far as the litigation, the Villages would not be bound by ajudgment in the lawsuit but the Town would be bound. It is up to the Board if they want to look into this issue further at this time. Trustee Zuckerman was concerned that the Towns papers indicated that the full burden of the costs would fall on Rye Brook. Trustee Pellino stated that while we may not be a party to the legal action, an impact could be felt by the residents of the Village. The Board did not take or direct any action at this time. PUBLIC COMMENT: Mayor Filipowski asked if anyone from the audience had any issues to discuss. Ken Heller of 22 Lincoln Avenue stated that he saw in the paper that there was a dedication at Rye Hills Park on October 15'. He would have loved to attend but he didn't know or see the notice on it. Mr. Heller suggested in order to get there you have to go through Hidden Falls and since they are public roads they could put a sign on Ridge Street. Mr. Heller also stated that the media and legislature and people in Rye are concerned about the de-icing that will take place soon at the airport. We know that is a 2-3 month winter occurrence. He was more concerned about the diversion of the 300 acres of water runoff from Rye Lake into the Blind Brook which is more of a problem of 12 months. Trustee Zuckerman stated that it occurred to him that the Rye Brook Fire House is empty 120 hours of -10- October 20, 1998 the week. We should communicate through the Village Administrator to the Village of Port Chester and/or Fire Chief to make a request that one of the two companies that are without a fire station could be stationed temporarily in Rye Brook part time. Village Administrator stated that it is possible to have them in our station. He also noted that he just . came from a significant event where both Rye Brook paid firefighters and a volunteer company from Washington Park and Port Chester fire fighters are having a fire training drill and working together. The meeting was adjourned at approximately 8:20 p.m. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk -11-