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HomeMy WebLinkAbout1997-03-11 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES-- AGENDA MEETING AT 938 KING STREET TUESDAY, MARCH 11, 1997 7:30 P.M. BADGE PINNING AND PROMOTION CEREMONY - 6:00 P.M.: • YOUTH OFFICER GREG AUSTIN • SERGEANT JAMES MITCHELL PLEDGE OF ALLEGIANCE: ACTION: PUBLIC HEARINGS: 1. LOCAL LAW INTRODUCTORY#5 OF 1997,ENTITLED, "REGULATIONS ON FIRE SPRINKLER REQUIREMENTS." RESOLUTIONS: 2. AUTHORIZING THE SETTLEMENT OF STIPULATION FOR FOR THE REFUND OF 1996 PROPERTY TAXES TO RYE RIDGE CONDOMINIUMS 3. AUTHORIZING THE SETTLEMENT OF STIPULATION FOR THE REFUND OF 1996 PROPERTY TAXES TO SOUND FEDERAL SAVINGS & LOAN ASSOCIATION. 4. CALLING FOR AN APRIL 8, 1997, PUBLIC HEARING ON AMENDMENTS TO THE STREET EXCAVATIONS LAW. 5. AUTHORIZING AN INTER-MUNICIPAL AGREEMENT(IMA) WITH WESTCHESTER COUNTY FOR THE STOP-DWI PROGRAM 6. CHECK REGISTER. DISCUSSION: 7. PRELIMINARY REVIEW OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT- HIGHPOINT VILLAGE ITEMS FOR AGENDA MEETING-- TUES. MARCH 25, 1997 RE-CONVENING THE PUBLIC HEARING ON CHILD CARE FACILITIES PUBLIC HEARING ON STREET EXCAVATION REGULATIONS RESOLUTION ADOPTING THE FINAL TAX ROLL NEXT MEETING DATES: REGULAR MEETING MARCH 25, 1997 CANVASS OF VOTES-- 9:30 P.M. -- MARCH 18, 1997 AGENDA MEETING APRIL 8, 1997 J 0063-3 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK MARCH 11, 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 was: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator Richard C. Slingerland Chief of Police Robert J. Santoro Village Treasurer Joseph Cortese Fire Chief William Dee McCluskey' Building Inspector Vincent Tamburro After the badge pinning ceremony for Youth Officer Greg Austin and Sergeant James Mitchell, the Board proceeded with the Agenda. PUBLIC HEARINGS: 1. LOCAL LAW INTRODUCTORY#5 OF 1997, ENTITLEDg LLREGULAj1( NS ON FIRE SPRINKLER REOUIREMENTS": Mayor Cresenzi announced that Village Attorney, Kenneth Powell, would begin the discussion with respect to the proposed regulations on fire sprinkler requirements. Attorney Powell mentioned that the proposed local law would require that new construction -- whether residential, multiple dwelling or commercial -- contain fire sprinklers. He added that the sprinkler law is based on the draft that was developed originally by the City of New Rochelle, which utilizes the New York State Building and Fire Prevention Code as a guideline. The area of the proposed sprinkler law which was probably the most sensitive was the application of the sprinkler law to existing construction. The sprinkler law contained a rather elaborate grandfather clause to provide for the circumstances when sprinklers would be introduced due to construction on an existing building, but also for time frames. 1 006354 March ll, 1997 Attorney Powell explained that the proposed requirement would exempt existing one-family residential dwellings from sprinkler requirements except when alteration costs exceeded 50 percent of the replacement cost or if 50 percent or more of the dwelling was renovated. For multiple dwellings, the same standard applied in terms of alteration costs. Existing multiple dwellings would not be required to install sprinklers unless they were renovated by more than 50 percent. Attorney Powell touched on the requirements for commercial buildings. These would include buildings being altered by 50 percent or more (based on replacement cost). An alteration or an addition made into a commercial building would require a sprinkler system in that area of the building. The possibility that these costs could be circumvented by doing construction jobs on a piece meal basis could be dealt with by a provision that would require 50 percent cost figures or 50 percent of the building floor area to be sprinklered if they were done within a two-year time period. He concluded his general overview of the proposed local law to the Board. Trustee Zuckerman suggested that any use other than a residential use, such as a child day care facility, should be required to be sprinklered. He thought the proposed local law should indicate that when a single family home is used as a professional office and comes before the Village for a special use, it should be required to be sprinklered even if the cost of the conversion is less than the 50 percent requirement indicated on the current proposed law. Fire Chief William Dee McCluskey pointed out the intent of the proposed local law as a life safety measure to protect the occupants of a structure. In a case where a sprinkler was located in an open space such as a bedroom or an office, the sprinkler would be intended to provide the occupants with a safe environment to conduct their business and reside in. Sprinkler systems were not set in places where electrical and similar types of fires could get in between walls, which were not sprinklered. The purpose of the sprinkler is to stop the fire from spreading to other areas of a building and give the occupants the means and time to get out safely. The structure would then be left to be protected by the system and the response of the fire department. Trustee Tunis mentioned a home in Rye Brook that was totally being converted into office space, but only required interior renovations of less than 50 percent. She felt that this type of renovation should possibly be sprinklered because of the nature of its use. Trustee Zuckerman said his primary concern was over a home that was totally or partly used as a child care facility to protect the children. He said that no matter what the circumstances were with respect to the renovation, the law should be changed to make sprinklers a requirement in any such situation. Mayor Cresenzi expressed that he too would have a problem with the proposed law not requiring a professional use to be sprinklered if it did not exceed the 50 percent or more renovation requirement. Trustee Zuckerman asked if the change of use of the building in a residential area changed,its classification to a"C" (commercial) class building. Building Inspector Tamburro answered affirmatively, because occupancy changes along with use. According to the proposed law, once a change in use is made, the occupant has seven years to install a sprinkler system. Mayor Cresenzi questioned whether a homeowner in a single family home in Rye Brook who wanted to establish an office would change the home's zoning classification to a"C" class. 2 606355 March 11, 1997 Trustee Strum questioned whether a two-family house in which only one family used the premises as an office would be changed to a"C" classification. Building Inspector Tamburro said that was a fine line because the area that was being used for office would become a"C" classification and have to comply with standards for that type of use. He added that when there was a mixed occupancy, the more stringent standards take precedent. Trustee Pellino expressed agreement that if a residential use included a day care use, then it should definitely be sprinklered. Trustee Pellino deferred a question to Attorney Powell on Section 212-12 of the Village's Zoning Code on Variances. He reported that what the Board was considering was a local law and not a chapter of the Zoning Code. Therefore, the Board was considering granting the Zoning Board of Appeals the power to grant variances where hardships may exist. He added that in Section 212 - 14 Administration, it goes on to say that the requirements set forth in this Chapter will supplement the requirements set forth in the New York State Building Code and the Code of the Village of Rye Brook. He inquired if the Zoning Board of Appeals had the authority to grant variances with respect to hardship caused by a local law. Attorney Powell answered ordinarily not, but with this type of local law the Zoning Board could possibly consider an appeal due to hardship. Trustee Pellino wondered what the criteria would be for a Zoning Board to consider a hardship in one of these cases. Attorney Powell explained that an applicant would have the burden of proof of unnecessary hardship due to this type of local law. He added that the proposed local law did come from the City of New Rochelle and that was why it appeared in the law the Board was discussing this evening. Trustee Pellino did not believe such a condition should be included in a local law designed for public safety. Mayor Cresenzi invited members of the public to comment. Mr. Kenneth Heller, 22 Lincoln Avenue, approached the Board and asked, "When the sprinkler systems are installed, do they become an assessable improvement to one's home?" Attorney Powell doubted such a thing would happen. He explained that it might be noted by the Assessor, but he doubted if there were exemptions in the law that would allow for a reduction of the assessment. Mr. Powell explained that he thought that it should be considered because it would give people the incentive to install fire sprinkler systems. Trustee Zuckerman reported that many of Rye Brook's commercial buildings have sprinkler systems already installed so this requirement would not be a tremendous burden on property owners. Mayor Cresenzi asked if anyone else wished to comment. There being no further comments, the Board unanimously agreed to adjourn the public hearing. RESOLUTIONS: 2. AUTHORIZING THE SETTLEMENT OF STIPULATION FOR THE REFUND OF 1996 PROPERTY TAXES TO RVE RIDGE CONDOMINIUMS: Administrator Russo explained that both of the tax stipulations were for the current 1996 tax year. Although both of the stipulations had been approved earlier in the fiscal year by the Board on tax certiorari reductions and assessments and paybacks, at that time it was believed that the processing of these would have been done in time to reduce the tax collection for these two entities during that fiscal year. Therefore, the 1996 tax year was not included in the stipulation that the Board had approved. 3 006356 March 11, 1997 However, due to the time it took to get them processed, approved by the attorneys and to the Tax office, the taxes collected were at the old tax levels. The rest of the stipulations from past years have been made already. It was stated that the refund was for $48,505.58. Trustee Strum said that the budget for this fiscal year did not include these 2 items of tax revenue even though they collected the revenue. He asked if the refunds brought the Village back to the time of the budget. Administrator Russo said that they did. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION TAX CERTIORARI SETTLEMENT AND STIPULATION RYE RIDGE CONDOMINIUMS FOR TAX YEAR 1996 RESOLVED, that the Village of Rye Brook approves the certiorari settlement stipulation which reduces and corrects assessments as recommended by Special Counsel in a letter dated January 30, 1997, in the case Rye Ridge Condominiums and the Individual Unit Owners v. The Village of Rye Brook, Index 5838/96 for assessment 1996; and be it FURTHER RESOLVED, that Special Counsel Mark S. Tulis, Esq., is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution; and be it FURTHER RESOLVED,that upon agreement with plaintiffs attorney Paul Richmond, Esq. payment of the refund will be made on or before June 3, 1997 to avoid interest accrual. FURTHER RESOLVED, that the Village of Rye Brook authorizes the refund of taxes 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 3. AUTHORIZING THE SETTLEMENT OF STIPULATION FOR THE REFUND OF 1996 PROPERTY TAXES TO SOUND FEDERAL SAVINGS & LOAN ASSOC.: The refund was for $2190.94. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: 4 00635` March 11, 1997 - RESOLUTION TAX CERTIORARI SETTLEMENT AND STIPULATION SOUND FEDERAL SAVINGS AND LOAN ASSOCIATION FOR TAX YEAR 1996 RESOLVED, that the Village of Rye Brook approves the certiorari settlement stipulation which reduces and corrects assessments as recommended by Special Counsel in a letter dated January 30, 1997, in the case Sound Federal Savings and Loan Association v The Village of Rye Brook, Index 04897/96 for assessment 1996; and be it FURTHER RESOLVED, that Special Counsel Mark S. Tulis, Esq., in authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution; and be it FURTHER RESOLVED, that the Village of Rye Brook authorizes the refund of taxes 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 4. CALLING FOR AN APRIL 8 1997 PUBLIC HEARING ON AMENDMENTS TO THE STREET EXCAVATIONS LAW: Trustee Strum pointed out a typographical error in Article 2 where it read "nature persons" instead of "natural persons". Trustee Zuckerman asked about the cash bond representing $10 per square foot. He wanted to know if that standard seemed low. Building Inspector Tamburro said that it was average. Trustee Zuckerman said that they could discuss these details at the public hearing. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION CALLING FOR A PUBLIC HEARING ON AMENDMENTS TO THE STREET EXCAVATIONS LAW RESOLVED, that the Board of Trustees will hold a public hearing on April 8, 1997 at 7:30 p.m. at the Rye Brook Village Hall's meeting room, 938 King Street, Rye Brook, New York on a proposed local law amending Article II of Chapter 215 of the Rye Brook Code concerning street excavations. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE 5 006;358 March 11, 1997 TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5. AUTHORIZING AN INTER-MUNICIPAL AGREEMENT (IMA) WITH WESTCHESTER COUNTY FOR THE STOP-DWI PROGRAM: Trustee Strum asked who pays who under the agreement. Administrator Russo said that Westchester County reimburses the Village. On the motion of Trustee Tunis, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPROVING AGREEMENT WITH WESTCHESTER COUNTY STOP-DWI PATROL PROJECT REIMBURSEMENT CONTRACT RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with the County of Westchester in an amount not to exceed $8,710.00 for the period of January 1, 1997 to December 31, 1997 for participation by the Rye Brook Police Department in the Westchester County STOP-DWI Patrol Project; 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 STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6. CHECK REGISTER: On the motion of Trustee Tunis, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified by the Village Administrator: 6 006359 March 11, 1997 On Line Checks: 15731-15803 Capital: 2688-2690 NOW, THEREFORE, BE IT RESOLVED, that this Board 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 DISCUSSION: 7. PRELIMINARY REVIEW OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT-HIGHPOINT VILLAGE: Christian Miller said that the Village received the applicant's DEIS. He said that he was reviewing it and would make sure that it complied with the Scope. He also said that he had some preliminary discussions and was working with the applicant. Christian Miller said that the Board of Trustees as Lead Agency, should make sure their issues are addressed. He then said that the document would ultimately be accepted by the lead agency and then it would be ready for public comment. He also said that issues including land use, demographics, utilities, noise impacts, and impacts from the airport were addressed in the scope. He said that a similar presentation would be given to the Planning Board so that they could give some comments. Mayor Cresenzi asked when the review would be complete for public comments and when a recommendation would be made. Christian Miller said that he expected a short turn around and that it would be ready soon. Mayor Cresenzi also asked if modifications had been made. Christian Miller said that they had already reviewed two drafts. Trustee Strum said that the Planning Board would be meeting on Thursday March 13 and asked if they would be reviewing the DEIS. Christian Miller said that they would not be reviewing it but that they could give preliminary comments. He also said that a memo would be given to the Trustees before the next meeting and that when the Trustees are satisfied then document can be accepted. Ken Heller of 22 Lincoln Avenue asked if the Environmental Counsel would receive a copy of the DEIS. Christian Miller said that they would because they were a part of the process as well. Mayor Cresenzi spoke about the items for the next agenda meeting and the next meeting dates. Trustee Zuckerman congratulated the Rye Brook boys' and girls' basketball teams participating in a Westchester County tournament. Some teams made it to the semifinals and one team won the Championship for its age level. He said there was tremendous participation in basketball this year. 7 006360 March 11, 1997 Mayor Cresenzi asked if there were any more comments. Ken Heller said that it was wonderful how Port Chester and Rye Brook were coming together to help find Patrick McNeill Jr. He thanked everyone and wanted to see the two communities join together more often in happier times. Mayor Cresenzi said that if anyone wanted to volunteer they could call 939-7400 or make a donation to the Patrick McNeill Jr. Reward Fund (c/o Rye Town Supervisor, 10 Pearl Street, Port Chester, NY 10573). Mayor Cresenzi then asked Administrator Russo if the information was on cable and he said that it was. Mayor Cresenzi adjourned the meeting. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk 8