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HomeMy WebLinkAbout1999-11-09 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 9, 1999 -- 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTIONS: 1. AUTHORIZING THE PAYMENT OF ENCUMBERED FUNDS FROM THE RECREATION AND TRUST AGENCY ACCOUNT FOR THE FENCING AT GARIBALDI PARK. 2. CONSIDERING THE APPROVAL OF THE INSTALLATION OF A STOP SIGN AT THE NORTHEAST CORNER OF BERKELEY DRIVE AT LATONIA ROAD 3. DESIGNATING OFFICES TO BE FILLED AND THE TERMS THEREOF FOR THE 2000 VILLAGE ELECTIONS 4. CONSIDERING REFERRING SITE PLAN MODIFICATIONS AT 800 WESTCHESTER AVENUE TO THE PLANNING BOARD 5. CONSIDERING AN APPOINTMENT TO THE ETHICS BOARD. 6. CONSIDERING AN APPOINTMENT TO THE ETHICS BOARD. 7. CONSIDERING THE APPOINTMENT OF A RECREATION LEADER. 8. CONSIDERING THE APPOINTMENT OF A PARKS ATTENDANT. 9. CONSIDERING THE ADOPTION OF THE SCOPE OF THE DEIS ON THE APPLICATION OF KF RYE BROOK/GARDEN INN HOTEL 10. CONSIDERING THE APPROVAL OF MINUTES SEPTEMBER 28, 1999 11 PAGE 2 DISCUSSION: 1. ENFORCEMENT EFFORT RE: LOCAL LAW 43 OF 1992 ENTITLED "NUMBERING OF PROPERTIES" 2. TRUSTEE REQUESTED AGENDA ITEM RE: HUTCHINSON RIVER PARKWAY TREE RESTORATION COMMITTEE NEXT TRUSTEES MEETING NOVEMBER 23, 1999 and DECEMBER 149 1999 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. 12 MINUTES OF A MEETING - VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK,NEW YORK TUESDAY, NOVEMBER 9, 1999—7:30 P.M. 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 Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman Village Staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Village Treasurer, Diane DiSanto Assistant to the Administrator, Charles Peretz Village Engineer, Victor Carosi Police Chief, Robert Santoro Village Building Inspector, William Gerety Superintendent of Recreation, Tom Hroncich Meeting Secretary, Paula Patafio Mayor Filipowski asked for a moment of silence for Police Sgt. Peter Ramundo who passed away on November 6th. He noted that the funeral for Sgt. Ramundo, who was a part of the Rye Brook Police Force since its inception, would be held on Thursday, November l I' in Brewster. Mayor Filipowski stated that item#9 on the agenda, Considering the Adoption of the Scope of the DESI on the Application of KF Rye Brook/Garden Inn Hotel, had been adjourned to the November 23, 1999 Board of Trustees Meeting. This was done at the request of the applicant. Mayor Filipowski then moved to the agenda and called for resolutions #5 and #6; Considering appointments to the Ethics Board, Mr. Christopher Russo, Village Administrator, read Resolutions#5 and #6: 1 RESOLUTION CONSIDERING AN APPOINTMENT TO THE ETHICS BOARD RESOLVED, that Henry Lower, of 6 Greenhouse Circle, is hereby appointed as a member of the Village of Rye Brook Ethics Board. RESOLUTION CONSIDERING AN APPOINTMENT TO THE ETHICS BOARD RESOLVED, that Michael Stolzar, of 19 Rockinghorse Trail, is hereby appointed as a member of the Village of Rye Brook Ethics Board. On a motion made by Trustee Brackman, and seconded by Trustee Zuckerman, the resolutions were approved. There being no discussion, Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski introduced and welcomed Mr. Michael Stolzar and Mr. Henry Lowet as the newest members of the Board of Ethics. The Board then returned to the agenda: Mr. Christopher Russo read the following Resolution: RESOLUTION AUTHORIZING THE PAYMENT OF ENCUMBERED FUNDS FROM THE RECREATION AND TRUST AGENCY ACCOUNT FOR THE FENCING AT GARIBALDI PARK WHEREAS, the Village of Rye Brook budgeted $21,000 to replace fencing in Garibaldi Park in fiscal year `97-`98; and WHEREAS, the Village of Rye Brook encumbered $16,000 since the fiscal year 1997- 1998 from the Recreation Trust and Agency Account to replace fencing in Garibaldi Park; and 2 WHEREAS, the Village of Rye Brook has solicited and received three written proposals for such fence replacement, and on October 7, 1999 the work was completed by the lowest responsible contractor, Fence by Fabian of Port Chester, NY at a cost of$16,000. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby approves payment in the amount of $16,000 to Fence by Fabian for fence replacement at Garibaldi Park. On a motion made by Trustee Degling, and seconded by Trustee Zuckerman,the Resolution was approved: As there were no questions from the Board regarding this issue,the resolution was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye The Mayor called for the next item on the agenda. Mr. Russo read the following Resolution: RESOLUTION AUTHORIZING STOP SIGN AT N.E. CORNER OF BERKELEY DRIVE AND LATONIA ROAD RESOLVED, that the following is added to the enumeration of stop intersections in Section 240- 11 (C) of the Vehicle and Traffic Chapter of the Code of the Village of Rye Brook: Name of Street Intersecting Street Berkeley Drive Latonia Road On a motion made by Trustee Zuckerman, and seconded by Trustee Degling, the resolution was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye 3 Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mr. Russo read the following Resolution: RESOLUTION DESIGNATING OFFICES TO BE FILLED AND TERMS THEREOF FOR THE 2000 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 offices and the terms thereof to be filled at the Village election to be held on March 21, 2000. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes that the following Public Notice be posted and published in the Official Newspaper of the Village of Rye Brook, as follows: PUBLIC NOTICE PLEASE TAKE NOTICE that the next General Village Election in the Village of Rye Brook is to be held on Tuesday, March 21, 2000; and PLEASE TAKE FURTHER NOTICE, that the offices to be filled are: Mayor (1)for a two- year term of office commencing at noon on the first Monday in April, 2000, and concluding on the first Monday in April, 2002 and Trustees (2) for a two-year term of office commencing at noon on the first Monday in April, 2000, and concluding on the first Monday in April, 2002. By Order of the Board of Trustees Village of Rye Brook, New York Christopher J. Russo, Village Clerk On a motion made by Trustee Zuckerman,and seconded by Trustee Brackman,the resolution was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Merman Voting Aye Trustee Zuckerman Voting Aye 4 Mayor Filipowski Voting Aye Mr. Russo read the following Resolution: RE,S®LUTION CONSIDERING REFERRING SITE PLAN MODIFICATIONS AT 800 WESTCHESTER AVENUE, TO THE PLANNING BOARD RESOLVED, that the application for an amended site plan made by the Philip Morris Corporation for the planned addition of a small structure to house electrical equipment at 800 Westchester Avenue, is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the applicant shall pay the sum of$1000 into the Village professional fees/ environmental review fund, and such additional amounts as may be requested, to defray professional and environmental review costs incurred by the Village in the review of this application. Trustee Zuckerman asked where the proposed building was being constructed. Phyliss Lachance, a representative from Philip Morris, stated that it would be constructed to the rear of their building. It was noted that the plan submitted to the Board of Trustees was not an up-to-date one and, as a consequence, the Board requested that the applicant prepare new plans for submission at the time of their presentation to the Planning Board. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the resolution was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mr. Russo read the following Resolution: RESOLUTION APPOINTMENT OF RECREATION LEADER RESOLVED, that Ronald Rodriguez, 15 Willow Lane, Irvington, New York, is hereby appointed to the position of Recreation Leader with the Village of Rye Brook, subject.to the Civil Service procedures of the State of New York; and be it S FURTHER RESOLVED,that the annual salary for the position is $25,938 with an effective start date of November 1.5, 1999 and a probationary period of six months. On a motion made by Trustee DelAng, and seconded by Trustee Merman, the motion was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Fillpowski Voting Aye Mr. Russo read the following Resolution: RESOLUTION APPOINTMENT OF PARIS ATTENDANT RESOLVED, that Carlos Laboy, 5 Laurel Street, Rye, New York, is hereby appointed to the position of Parks Attendant with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary for the position is $30,000 with an effective start date of November 15, 1999 and a probationary period of six months. On a motion made by Trustee Zuckerman,and seconded by Trustee Brackman,the resolution was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye CONSIDERING THE APPROVAL OF MINUTES OF SEPTEMBER 28, 1999. On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, the minutes were approved. Mr. Charles Peretz called the roll: <v Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye DISCUSSIONS: ENFORCEMENT EFFORT REGARDING LOCAL LAW #3 OF 1992 ENTITLED "NUMBERING OF PROPERTIES" Mr. Russo noted that a letter is currently going out to residents regarding the display of house numbers. It was noted that all numbers are to be visible from the street, during daylight and darkness. The figure or figures comprising the number must be at least 3" in height. This local law was passed a number of years ago to assist the transition into the 911 System. The Village's Code Enforcement Officer, Gordon Avery, will be enforcing this local law. Trustee Zuckerman noted that the local law was passed in 1992. He stated that over the years, numbers have become illegible and now need to be replaced. This is a matter of public safety as all emergency vehicles should be able to view the numbers easily from the street. In Long Island a veteran's group offered their services to paint house numbers in a fund raising effort. Trustee Zuckerman suggested that perhaps a local community group could consider an effort of this type. The final item was called before the Board. TRUSTEE REQUESTED AGENDA ITEM REGARDING HUTCHINSON RIVER PARKWAY TREE RESTORATION COMMITTEE. Mr. Russo read the following Resolution: RESOLUTION WHEREAS, the New York State Department of Transportation has embarked on a major reconstruction of the Hutchinson River Parkway through the Village of Rye Brook; and WHEREAS, such reconstruction has resulted in the removal of numerous trees and left the right of way, once a beautiful area, now devastated; and WHEREAS, this deforestation has affected both individual homeowners whose property borders on the right-of-way of the Hutchinson River parkway and the Village as a whole and makes a mockery of our designation as a"Tree City U.S.A."; and 7 WHEREAS, the New York State Department of Transportation has stated that it intends to landscape the affected area; and WHEREAS, it has offered to discuss the scope and details of such landscaping project with the Village of Rye Brook, NOW, THEREFORE, BE IT RESOLVED, that an ad hoc committee be formed, to be called the Hutchinson River Parkway Tree Restoration Committee, for the purpose of discussing and negotiating with the New York State Department of Transportation, or its representatives, the landscaping and reforestation of the right-of-way of the Hutchinson River parkway in Rye Brook, and be it FURTHER RESOLVED, that the committee shall consist of nine members, one of whom shall be a member of the Board of Trustees, one member of the Environmental Conservation Council, the three members of the Tree Committee, and four Village residents, and be it FURTHER RESOLVED, that such committee shall report its progress to the Village Board not less than monthly. On a motion made by Trustee Zuckerman, and seconded by Trustee Brackman, the Resolution was approved. It was noted that the Committee will be comprised of nine members: one member of the Board of Trustees, one member of the Environmental Conservation Council, three members of the Tree Committee and four will be Village Residents. A discussion took place regarding the wording of the Resolution. Trustee Degling felt that the DOT should be approached gently and that the Resolution should be toned down in order to reach its goal. Mayor Filipowski agreed with Trustee Degling. Trustee Zuckerman, however, had the opposite opinion. He felt that the DOT should be aware of how strongly the Village feels. Trustee Brackman agreed with Trustee Zuckerman, suggesting several wording changes. It was noted that Ron Tocci will be assisting the Village in their efforts to re-forest the area around the Parkway. The decision, after the discussion, was to amend the Resolution. Trustee Degling put forth a motion to change the wording to make this a gentler resolution. Mr. Charles Peretz called the roll: Trustee Brackman Voting No Trustee Degling Voting Aye 8 Trustee Herman Voting No Trustee Zuckerman Voting No Mayor Filipowski Voting Aye Trustee Brackman suggested several changes to the Resolution. Christopher Russo noted the changes on the Resolution. A vote was then taken on a motion put forth by Trustee Zuckerman, to adopt the amendments suggested by Trustee Brackman,which leave the strong tone originally put forth in the resolution. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting No Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On a motion made by Trustee Zuckerman, and seconded by Trustee Brackman, the Board went into Executive Session to discuss the Tree Committee. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Upon their return, Mr. Russo read the following list of members: Trustee Roger Herman William Aughavin Floyd Caplan Susan Epstein Debra Faust Ken Heller Eleanor Herman John Munnick Harvey Schiller 9 On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, the resolution to approve the membership and nomination of a chairman of the new tree committee was approved. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski asked for comments from members of the public. There being none, he reminded everyone that the next Board of Trustees' meetings will be held November 23rd and December 14'°. He also announced that there would be an informational meeting regarding the proposal for a Village pool at the A.J. Posillipo Community Center on November 15"' at 7:30 p.m. Mayor Filipowski asked for a motion to go into Executive Session to discuss fire negotiations. On a motion made by Trustee Zuckerman, and seconded by Trustee Brackman,an Executive Session was held at the close of the Board of Trustee meeting. Mr. Charles Peretz called the roll: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye There being no further business before the Board, the meeting was adjourned at 8:20 p.m. Respectfully submitted, Christopher J. Russo, Village Clerk 10