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HomeMy WebLinkAbout1997-04-24 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES -- AGENDA MEETING AT 938 KING STREET THURSDAY, APRIL 24, 1997 7:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1. RECONVENING THE HEARING ON LOCAL LAW INTRO. #4- 1997 ENTITLED, "REGULATIONS FOR CHILD CARE FACILITIES." RESOLUTIONS: 2. CONSIDERING APPROVAL OF LOCAL LAW INTRO. #4- 1997 ENTITLED, "REGULATIONS FOR CHILD CARE FACILITIES, TO BE ADOPTED AS LOCAL LAW #4-1997. 3. CONSIDERING APPROVAL OF LOCAL LAW INTRO. #6- 1997 AMENDING THE RYE BROOK VILLAGE CODE IN RELATION TO STREET EXCAVATIONS, TO BE ADOPTED AS LOCAL LAW #5-1997. 4. CONSIDERING APPROVAL OF THE TENTATIVE 1997-1998 VILLAGE OF RYE BROOK BUDGET. 5. CALLING FOR A PUBLIC HEARING ON MAY 13, 1997,AT 7:30 P.M. ON THE PUD CONCEPT PLAN AND REZONING AND THE PROPOSED ZONING TEXT AMENDMENTS FOR THE HIGH POINT VILLAGE PUD APPLICATION. 6. CONSIDERING-THE APPOINTMENT OF KENNETH MATTHEWS OF PORT CHESTER, NY, AS CARETAKER. 7. DECLARING THE BOARD OF TRUSTEES AS LEAD AGENCY IN THE PROPOSED ACTION BY RED ROOF FARM, L.L.P., ON ITS APPLICATION FOR SUBDIVISION APPROVAL. 8. REFERRING TO THE PLANNING BOARD THE APPLICATION FOR A SPECIAL USE PERMIT BY ST. PAUL'S LUTHERAN CHURCH TO OPERATE A CHILD DAY CARE FACILITY. 9. REFERRING TO THE PLANNING BOARD THE APPLICATION FOR A SPECIAL USE PERMIT BY UNITED CEREBRAL PALSY TO CONVERT A SINGLE FAMILY RESIDENCE INTO A FOOD SERVICE TRAINING CENTER. April 24, 1997 Page Two 10. CONSIDERING APPROVAL OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION, INC. 11. AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT (IMA) WITH WESTCHESTER COUNTY FOR THE VILLAGE TO PARTICIPATE IN THE COMPOST EQUIPMENT CIRCULATION PROGRAM. 12. CHECK REGISTERS. WRITTEN COMMUNICATIONS: 13. ANTHONY B. GIOFFRE, III: WITHDRAWING THE APPLICATION OF SVETKO IVANOV ON HIS SUBDIVISION APPLICATION FOR THE PROPERTY ON NORTH RIDGE STREET, RYE BROOK. NEXT MEETING DATES: AGENDA MEETING MAY 13, 1997 REGULAR MEETING MAY 27, 1997 00635 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES - VILLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK APRIL 24, 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 Secretary to the Village Board Lisa B. Marinaccio Chief of Police Robert J. Santoro Christian Miller, Planning Consultant, F.P. Clark& Associates PUBLIC HEARINGS: 1. RECONVENING THE HEARING ON LOCAL LAW INTRO. #4-1997 ENTITLED, "REGULATIONS FOR CHILD CARE FACILITIES." The Mayor re-convened the public hearing on the proposed local law to amend zoning regulations in the Village of Rye Brook with respect to child care facilities. Mr. Powell spoke about the draft local law, including changes on page 3 that were requested by the Board, such as the inspection of the facility. The previous draft raised the issue of a special permit that would be in effect for a period of time. The Board felt that a special permit requiring renewal would have been too strict. The law provided for an emergency inspection by the building inspector initiated by a complaint. Such an inspection would have to conform to the requirements governing administrative searches. The revocation procedure is such that if a violation of the rules and regulations occurred, then a process would be initiated to revoke the permit. Trustee Zuckerman wanted an inspection within a week instead of two weeks. Trustee Tunis suggested that vacations might prevent inspection within seven days. Mr. Zuckerman suggested seven (7) days instead of fifteen (15) days of a complaint. Mr. Zuckerman also requested a more understandable word to replace"exigent' and the Board agreed on replacing it with"emergency." Mr. Zuckerman was concerned about the importance of checking on a complaint because of the need to protect the children enrolled at such a facility and the Board compromised on requiring an inspection within ten (10) days. The Board voted to close the hearing. Before voting on the approval of the law, the Board agreed to take the appointment of the Caretaker out of order in consideration of Mr. Matthews. 6. CONSIDERING THE APPOINTMENT OF KENNETH MATTHEWS OF PORT CHESTER, NY, AS CARETAKER. April 24, 1997 006398 Mayor Cresenzi asked Mr. Russo to take the appointment of the new caretaker out of turn. Mr. Russo introduced Mr. Kenneth Matthews as the new caretaker. Mr. Russo noted Mr. Matthews's experience in caretaking and maintenance at the Doral/Arrowwood Hotel and Conference Center, and at the former High Point Hospital. The Board extended its welcome and best wishes to Mr. Matthews. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF CARETAKER RESOLVED, that Kenneth Matthews of 45 Traverse Avenue, # 6-H, Port Chester, New York, be hereby appointed to the position of Caretaker with the Village of Rye Brook, subject to the Civil Service procedure of the State of New York; and be it FURTHER RESOLVED, that the annual salary for this position will be $24,000 with an effective date of May 1, 1997. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 2. CONSIDERING APPROVAL OF LOCAL LAW INTRO. #4-1997 ENTITLED "REGULATIONS FOR CHILD CARE FACILITIES, TO BE ADOPTED AS LOCAL LAW #4-1997. Administrator Russo read.the adoption resolution for the local law, which included the adoption of the negative environmental declaration under SEQRA. On the motion of Trustee, seconded by Trustee, the following resolution adopting the Local Law on Child Care Uses, as amended, was hereby adopted: RESOLUTION ADOPTING LOCAL LAW ON CHILD CARE USES RESOLVED, that the accompanying negative environmental declaration is adopted under the State Environmental Quality Review Act; and it is FURTHER RESOLVED, that Local Law#4 - 1997, as amended, regulating Child Care Uses is enacted into law. 2 00639',J April 24, 1997 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE LOCAL LAW A LOCAL LAW amending Chapter 250 of the Code of the Village of Rye Brook, zoning, for the purpose of regulating child care uses. BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows: Section 1. Section 250-2 of the Code of the Village of Rye Brook is amended to add definitions of"Family Day Care Home or Group Family Day Care Home" and "Child Day Care Center," to read as follows: FAMILY DAY CARE HOME OR GROUP FAMILY DAY CARE HOME -- A dwelling unit used primarily as a residence, together with the necessary surrounding lands, which contains a program providing care for at least three (3), but not more than twelve (12) children, depending on age, away from their home for more than three (3) hours per day, and is subject to regulation and licensing by the New York State Department of Social Services. CHILD DAY CARE CENTER-- A structure, together with the necessary surrounding lands, which contains a program providing care for three (3) or more children away from their home for more than three (3) hours per day, which term shall include the term nursery school. Notwithstanding the foregoing, a child day care center as defined herein, shall not include a family day care home or group family day care home as those terms are defined in this Section. § 2. Section 250-6(1-1)(3) of the Code of the Village of Rye Brook is amended to read as follows: (3) Child Day Care Centers. (a) The location, size and character of the child day care center must be in harmony with the appropriate and orderly development of the neighborhood in which it is situated and will not be detrimental to the value of the property in the neighborhood.' (b) The lot on which such center is operated shall not be less than one-half(0.5) acre in area. (c) The lot for such use must contain at least one thousand (1,000) square feet of suitably fenced rear or side yard play area for each five (5) children or part thereof, and each such play area shall be located not less than thirty(30) feet from any lot line except where the rear or side yard lot line abuts a public street, park or parkway property, and not less than fifty (50) feet from any residential structure on 3 00 400 April 24, 1997 any adjoining lot. Such play area shall be suitably screened with planting or other means to avoid a noise nuisance to adjoining properties. (d) The area used for child care center purposes inside any building must be on the first floor only and shall not be less than thirty-five (3 5) square feet for each child in such child care center, exclusive of space in cloakrooms, lavatories, storage rooms or hallways. No basement area shall be used for child care or instructional purposes. (e) The center shall not have more than fifteen (15) children in any case, except if the building is of fireproof or semi-fireproof construction as defined by the Building Code of the Village of Rye Brook. (f) The center shall have an off-street drop-off/pickup area capable of storing the maximum number of vehicles simultaneously delivering and/or collecting children from the facility. (g) Inspections. The Building Inspector shall annually inspect the premises of a child day care center for compliance with the provisions of Section 250-6(H)(3), or any special permit issued, during regular business hours, and upon receipt of a complaint indicating a possible non-compliance with such provisions, within 10 days after receipt of the complaint. If the owner or operator so requires, at least 24 hours notice of the inspection shall be given, unless the Building Inspector reasonably considers there are emergency circumstances involved. The foregoing shall not limit any inspections of the New York State Department of Social Services, or inspections undertaking with consent or under a warrant. (h) Revocation. After a hearing held on at least ten(10) days notice, a special permit issued for a child day care center may be revolted for the violation of a provision of Section 250-6(H)(3)or any condition of the special permit affecting the health or safety of children, an unjustified and persistent refusal to permit inspections of the premises, or any other circumstances constituting a material threat to the health and safety of children. Section 3. Section 250-19(c) of the Code of the Village of Rye Brook is amended to read as follows: C. Uses permitted at discretion of the Board of Trustees, pursuant to the procedure specified in Article IV, § 250-614(1): (1) Stable not used for commercial purposes. (2) Public utility buildings (not including material storage yards or buildings), serving the local area only. (3) Governmental buildings and uses; libraries; parks and recreation facilities. 4 006401. April 24, 1997 (4) Parish house, rectory, Sunday schools. (5) Child Day Care Centers. Section 4. Section 250-27(c) of the Code of the Village of Rye Brook is amended to read as follows: C. Uses permitted at discretion of Village Board [pursuant to the procedure specified in Article IV, § 250-6H(1)]: (1) Laboratories and similar light technical, light manufacturing or business uses and storage facilities that are an integral part of an office or research and testing laboratory use and are located in the same building or a group of buildings devoted to either or both office or research and testing laboratory use. (2) The same as in the R-20 District. Section 5. Section 250-28(B) of the Code of the Village of Rye Brook is amended to read as follows: B. Permitted accessory uses: (1) Permitted accessory uses listed in § 250-19B(1) through (7): the same as in the R- 20 District above, except as provided in Article IV, § 250-713. (2) Accessory building for garage, heating, air conditioning and other utilities and for storage facilities necessary for the proper functioning and operation of the business or profession of the occupants, including but not limited to cafeterias for employees, storage areas, auditoriums, meeting and conference rooms and areas for heating, air conditioning and other utilities. (3) Child day care centers. Section 6. Section 250-28(c) of the Code of the Village of Rye Brook is amended to read as follows: C. Uses permitted at discretion of Village Board pursuant to the procedure specified in Article IV, § 250-6H(l): (1) The same as in the R-20 District above. (2) Office building uses, in compliance with the provisions in Article IV, § 250-7B. (3) The conversion of existing residences to limited professional office use, as defined in Article VIII, § 250-1913, except that said professional office use 5 006402 April 24, 1997 may be conducted by persons other than the inhabitants thereof and shall not be limited to one (1) nonresidential assistant or employee. (a) In such special permit approval, site plan approval by the Village Board shall be required and shall include the coordination of one (1) or more elements of site plan review, such as occupancy, traffic circulation, parking and drainage, in the interest of ensuring the ultimate development of a coordinated, safe and convenient system of land use and development at an appropriate density for the site and neighborhood. (b) The Planning Board shall adopt said plan upon the granting of the special permit by the Village Board and shall require its consideration in future development. In the interest of obtaining safe and unified development in such instances, the Village Board may require the filing of deed restrictions or covenants permitting coordinated access, parking, drainage or other functional activities and uses from one property to others. Section 7. Section 250-29(B) of the Code of the Village of Rye Brook is amended to read as follows: B. Permitted accessory uses: the same as in the OB-2 District, except as provided in Article IV, § 250-713. Section 8. Section 250-29(c) of the Code of the Village of Rye Brook is amended to read as follows: C. Uses permitted at discretion of Village Board pursuant to the procedure specified in Article IV, § 250-6H(1): (1) The same as in the R-20 District above. (2) Office building uses, in compliance with the provisions of Article IV, § 250-7B. Section 9. Section 250-30(B) of the Code of the Village of Rye Brook is amended to read as follows: B. Permitted accessory uses: The same as in the OB-2, except as provided in Article IV, § 250-7B. Section 10. This local law shall take effect immediately upon filing in the Office of the Secretary of State. 3. CONSIDERING APPROVAL OF LOCAL LAW INTRO. #6-1997 AMENDING THE RYE BROOK VILLAGE CODE IN RELATION TO STREET EXCAVATIONS TO BE 6 00640) April 24, 1997 ADOPTED AS LOCAL LAW #5-1997: Mayor Cresenzi noted the Board's intent to require improved enforcement of utility, sewer and other companies excavating the street to restore the street to good condition. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION ADOPTING LOCAL LAW ON STREET EXCAVATION REGULATIONS WHEREAS, the Board of Trustees has reviewed Chapter 215 of the Code of the Village of Rye Brook regarding street excavations and on April 8, 1997, conducted a public hearing on amendments to Chapter 215 after due notice; and WHEREAS, the amendments to Chapter 215 are a Type II Action under the State Environmental Quality Review Act (SEQRA). NOW, THEREFORE BE IT RESOLVED, that Local Law# 5 - 1997 regarding street excavations is adopted into law. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE LOCAL LAW A LOCAL LAW amending Article II of Chapter 215 of the Rye Brook Code in relation to street excavations. BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows: Section 1. Article II of Chapter 215 of the Code of the Village of Rye Brook is amended to read as follows: ARTICLE II Street Excavations § 215-4. Definitions. As used in this Article, the following terms shall have the meanings indicated: 7 00640• April 24, 1997 PERSON -- Includes one(1) or more persons of either sex, [nature] natural persons, corporations, partnerships, associations,joint stock companies, societies and all other entities of any kind capable of being sued. § 215-5. Permit required; form. No person shall [be allowed to] excavate, open or dig any trench, ditch or hole in any portion of any [public] public road, right-of-way, street or highway [in] under the jurisdiction of the Village of Rye Brook without first making written application for permission therefor to the Building Inspector [Director of Public Works] of[said village] the Village at least forty-eight (48) hours before it is desired to make such opening and [then] obtaining a permit therefor signed by said [Director] Building Ins ector. The form of such permit shall be in [the] form substantially as follows: No. Village of Rye Brook Date: Permission is hereby granted the undersigned permittee to open a trench in [Street], a public road, right-of-way, street or highway, for the purpose of upon the following conditions: The [undersigned] permittee agrees, in consideration of the granting hereof, that [he] the permittee will not permit or suffer said opening to remain open any longer than is absolutely necessary for the proper doing of the work to be done and for which this permit is granted; that he will at all times keep such opening properly and sufficiently guarded against danger or accident to any person; that [he] the permittee will keep the same well and sufficiently lighted at night [with at least two (2) lanterns]; that when said work is finished [he] the permittee will restore said public road, right-of-way, street or highway to as good a condition as it was originally and be responsible for settlement of the ground for any cause for at least the period of maintenance described below; [six (6) months]; and that [he] the permittee will defend, indemnify and save the [village] Village harmless from all suits, claims, proceedings, liabilities and damages including reasonable attorney, sy fees in connection with such opening or by reason thereof. Period of maintenance The period of maintenance shall be the period of twelve (12) months after the date of final completion, as determined by the Building Inspector, of the work to be done pursuant to the terms of the permit, except that where the end of said twelve (12) month period falls within December, January, February, March or April, then the period of maintenance shall be extended until the following May Ist. And the undersigned permittee having deposited with [said] the Village [village] the sum of dollars ($ ), the estimated cost of the work, agrees that the deposit may be utilized by the Building Inspector in his absolute discretion in the event of any violation of this Article, or violation of any term or condition of this permit, as determined by the Building Inspector and, in the event that said amount is not sufficient to cover the cost of opening and restoring said highway to its [original] previous condition, [he] the permittee will pay [said] the Village [village] the difference between said sum so deposited and the cost of so opening and restoring said public road, right-of-way, street or highway. 8 006404 April 24, 1997 Proof of insurance shall be provided acceptable to the Building Inspector, in accordance with the following minimum coverages: General Liability, personal inLry$500,000 per occurrence $250,000 per claim property damage $ 50,000. The Village of Rye Brook shall be named as an additional insured on theeg neral liability policy. Workers Compensation Insurance. And the undersigned permittee [having filed a bond with the Village of Rye Brook as herein provided and not having made any deposit], agrees to pay to the Village of Rye Brook the entire cost of opening and restoring said public road, right-of-way, street or highway to its [original] condition before the work under this permit wasperformed, in the event the Village of Rye performs such restoration. L.S. Permittee In the presence of Received for the above [license] ep_rmit dollars ($ ) [Director of Public Works] Building Inspector § 215-6. Depositor bond. [Before receiving such permit, such applicant shall, in the alternative, deposit the estimated cost of removing and replacing the pavement as provided herein for such permit or file a bond, the amount, form and surety thereof to be approved by the Village Attorney in an amount fixed by the Director of Public Works, to indemnify and save harmless said Village of Rye Brook from all damage to persons and property caused by work done under any permit issued pursuant to this Article]. A. The applicant and permittee shall deposit with the Building Inspector before receiving a permit, a cash bond representing ten ($10.00) dollars per square feet of trench opening, as determined by the Building Inspector, to guarantee the work performed in the street or highway, including the cost of replacing pavement, and the restoration of the opening The deposit shall be returned after the Building Inspector approves the final restoration of the public road, right-of-way,street or highway and the guarantee period of the permit shall have expired without settlement of anypavement or any violation of the specifications In the event that the applicant does not restore the street to the satisfaction of the Building Inspector, upon five L,Lys written notice, or in an emergency upon such notice as deemed practicable, the Building Inspector shall have the right to perform the work the Building Inspector deems required, utilizing the deposit to defray the costs thereof. In the event that the costs are greater than the amount deposited, the applicant shall be liable for the balance. 9 006406 April 24, 1997 B. For utility companies only, in lieu of a cash deposit, the utility company may file a bond with the Building Inspector in the sum of$10,000 to guarantee the restoration of the public road, right- of-way, street, or highway_ C. The Building Inspector may deny a street opening permit to any person or party failing to restore a public road, right-of-way, street or highway in accordance with this Article or who shall owe the Village any sum of money under this Article to restore apublic , right-of-way, street or him=hway, subject to appeal to the Board of Trustees. § 215-7. [Digging up and replacement of pavement; reimbursement or payment for expenses]. Specifications. [The Director of Public Works of the Village of Rye Brook shall cause any pavement to be removed, and thereupon the licensee shall proceed to do and complete without delay the work desired and shall, when filling in the excavation, thoroughly tamp the same, notifying the Director of Public Works, in the meanwhile, of the time when such work will be done. Said Director of Public Works shall cause the pavement where removed to be replaced in its original condition over the opening made and for a distance of One (1) foot on each side thereof and shall present to the Board of Trustees of the Village of Rye Brook at its next regular meeting his report of the expense of taking up and replacing such pavement. The difference, if any, between such expense and the amount deposited shall, within six (6) months, be returned to the person on whose application such work was done and the balance retained by the village to reimburse it for its expenses. If the amount deposited is not sufficient to cover said expenses, then the person upon whose application such work was done shall, on demand, pay said village the difference. If the applicant shall have filed a bond in lieu of a deposit, as herein provided, such applicant shall, on demand, pay to the village the entire expense of the work done.] The street opening work and the final restoration shall be performed in accordance with specifications approved by the Building Inspector, which shall include the following minimum specifications: A. The trench.shall be filled with K-Krete. B. If a new patch occurs where there is an existing patch, the entire existing patch shall be removed and replaced. C. If the patch falls within 18 inches of the curb or pavement edge, the patch shall extend to the curb or pavement edge. D. The final patch shall have a crown. E. The Code 53 case number shall be provided to the Village before any diggingtakes akes place. F. No digging shall start on a Saturday. Sunday or holiday, except in an emergency. G. Concrete If the street is concrete the patch shall be concrete. The concrete shall be saw cut to establish a clean smooth surface The existing concrete shall be drilled and doweled to a 12 inch depth and the dowel shall be 2 feet O.C. The seam between the new and 10 006407 April 24, 1997 existing concrete shall be sealed with tar. H. Asphalt If the street is asphalt the patch shall be asphalt The existing asphalt shall be saw cut to a depth of 2 inches and shall be 12 inches wider than the trench. A binder course of 41/2inches and a top course of 11/2inches shall be required The seam between the new and existing asphalt shall be sealed with tar. I. If a pipe line installation shall disturb more than 50% of the road width, the entire road width shall be re-surfaced. J. All work shall be performed in a good and workmanlike manner, satisfactory to the Building Inspector. K. All street openings and work areas shall be provided with warning signs barricades and lighting as necessary for public safety and in conformance with applicable provisions of the State of New York Department of Transportation Manual of Uniform Traffic Control Devices. § 215-8. Fees. The charge to be made by the Village of Rye Brook and to be paid by each applicant for the privilege of opening any highway pursuant to this Article shall an amount set by resolution of the Board of Trustees[; plus the estimated cost of restoration of the disturbed pavement or structure, trees, shrubs, earth, lawn or other material. The estimate of such costs shall be made by the Building Inspector]. § 215-9. Emergencies. The time requirements specified in § 215-5 of this Article shall be waived in the event of an emergency. An "emergency" shall be defined as a situation which directly endangers public health, safety or welfare. In the event of an emergency, the work may be performed by a public utility or municipal agency without a permit, provided that a permit for such work shall be obtained as soon as possible after such emergency. The term "as soon as possible" shall be defined as within twenty-four (24) hours of completion of the work or by the end of the next business day, whichever is sooner. § 215-10. Penalties for offenses. Any person or party who himself or itself, or by his or its agent or employee, shall violate any of the provisions of this Article or any order, code, rule or regulation made in pursuance thereof shall be guilty of a violation and liable to a penalty as provided in § 1-17 of Chapter 1, General Provisions to be recovered with costs. Each day on which such violation continues shall constitute a separate offense. Section 2. This local law shall take effect immediately upon filing in the office of the Secretary of State. 4. CONSIDERING APPROVAL OF THE TENTATIVE 1997-1998 VILLAGE OF RYE BROOK BUDGET. 11 006406 April 24, 1997 Trustee Zuckerman noted the several items that the Village had decided to fund by short-term borrowing. Trustee Tunis noted the funding for the Library, which would take the Village of Rye Brook beyond the formula established for the joint funding of the Library by the Villages of Rye Brook and Port Chester. On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION VILLAGE OF RYE BROOK 1997-1998 BUDGET WHEREAS, the Board of Trustees met on the 8th day of April, 1997, pursuant to the Notice of Public Hearing regarding the Proposed 1997-1998 Budget, and has heard all persons desiring to be heard thereon. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Tentative Budget as hereinafter set forth and amended by the Board of Trustees, is hereby adopted this 24th day of April, 1997 and be it FURTHER RESOLVED, that the amounts fisted therein for payment of principal and interest on indebtedness, and that maintenance account charges be paid, and that the salaries, wages, benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries and benefits as has been determined by the Board of Trustees. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI - VOTING AYE 5. CALLING FOR A PUBLIC HEARING ON MAY 13. 1997, AT 7:30 P.M. ON THE PUD CONCEPT PLAN AND REZONING AND THE PROPOSED ZONING TEXT AMENDMENTS FOR THE HIGH POINT VILLAGE PUD APPLICATION. Administrator Russo read the resolution. Trustee Pellino asked about the appropriateness of having one public hearing on three issues, and Mr. Powell informed him that the three public hearings could be held simultaneously. Trustee Strum had some questions about the substance of the zoning changes requested by the developer of High Point. Mr. Powell said it would be a policy decision by the Board of Trustees. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: 12 006409 April 24, 1997 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED HIGH POINT VILLAGE PUD CONCEPT PLAN, PUD ZONING TEXT AMENDMENTS AND ZONING MAP AMENDMENT WHEREAS, on or about October 22, 1996, the Board of Trustees of the Village of Rye Brook received a petition from G& B Limited Liability Company, d/b/a The High Point Village Company("Petitioner") requesting, among other things, that approximately 137 acres of property situated on King Street, generally known as the High Point Hospital property, be re-zoned from an OB-1 district to a PUD district in accordance with a PUD Concept Plan; and WHEREAS, on April 8, 1997, the Board of Trustees, as SEQR Lead Agency, adopted a notice of completion of the Draft Environmental Impact Statement (DEIS) submitted by the Petitioner and scheduled a SEQR public hearing on the DEIS for May 13, 1997; and WHEREAS, on April 17, 1997, the Rye Brook Planning Board met and issued a recommendation to the Board of Trustees regarding the proposed PUD, after which recommendation the Village's PUD Law directs that the Board of Trustees schedule a public hearing on the proposed PUD Concept Plan and Re- zoning; and WHEREAS, SEQR regulations provide that the SEQR public hearing should be conducted with other public hearings on the proposed action whenever practicable, and the Village's PUD Law similarly provides for other relevant public hearings to be held in conjunction with the PUD public hearings. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook will conduct a public hearing on Tuesday, May 13, 1997, at 7:30 p.m. in the Village Meeting Room in the Village Offices at 938 King Street, Rye Brook, on the-proposed High Point Village PUD Concept Plan, the proposed zoning map amendment and the proposed zoning text amendment; and it is FURTHER RESOLVED, that the Village Clerk is directed to publish, post and otherwise distribute notice of this public hearing in accordance with the law. TRUSTEE STRUM VOTING NO TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING NO MAYOR CRESENZI VOTING AYE 7. DECLARING THE BOARD OF TRUSTEES AS LEAD AGENCY IN THE PROPOSED ACTION BY RED ROOF FARM, L.L.P., ON ITS APPLICATION FOR SUBDIVISION APPROVAL. Administrator Russo read the resolution. Mayor Cresenzi asked Mr. Miller at what point the Board 13 006410 April 24, 1997 would decide whether the development would be subject to a Positive or a Negative Environmental Declaration. Mr. Miller responded that at any point from now on, the Board would be able to make that determination. Most of the review to this point had been for the Planning Board, but consultations by II, F.P. Clark from here on would be on behalf of the Lead Agency. i On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION LEAD AGENCY DESIGNATION FOR RED ROOF FARM SUBDIVISION APPLICATION WHEREAS, the Village of Rye Brook Board of Trustees is reviewing an application for subdivision approval for a proposed action known as Red Roof Farm Subdivision; and WHEREAS, the Village of Rye Brook Clerk circulated on or about February 19, 1997, to all interested and involved agencies a notice stating the intent of the Village Board of Trustees to act as Lead Agency with respect to this matter. NOW, THEREFORE, BE IT RESOLVED,that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act (SEQRA)) of the Environmental Conservation Law, the Rye Brook Board of Trustees declares itself as Lead Agency for the proposed action, no objections have been received within thirty (30) days of the circulation of the Boards' notice of intent to be Lead Agency. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI _ VOTING AYE 8. REFERRING TO THE PLANNING BOARD THE APPLICATION FOR A SPECIAL USE PERMIT BY ST. PAUL'S LUTHERAN CHURCH TO OPERATE A CHILD DAY CARE FACILITY. Mr. Russo read the resolution. Trustee Strum asked if the application would be under the Board's recently enacted Child Care Local Law and Mr. Russo stated that it would be. Trustee Strum requested that a copy of the new regulations be given to the applicant. On the motion of Trustee, seconded by Trustee, the following resolution was hereby adopted: RESOLUTION REFERRING ST. PAUL'S LUTHERAN CHURCH'S CHILD DAY CARE SPECIAL PERMIT APPLICATION 14 006411 April 24, 1997 TO THE PLANNING BOARD RESOLVED, that the Child Day Care special permit application of St. Paul's Lutheran Church is referred to the Planning Board for a report and recommendation; and it is I FURTHER RESOLVED, that the applicant shall deposit the sum of five hundred dollars ($500) in the professional fees/environmental review fund and such further sums as may be requested to defray the costs of such review of the application. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRE SENZI VOTING AYE 9. REFERRING TO THE PLANNING BOARD THE APPLICATION FOR A SPECIAL USE PERMIT BY UNITED CEREBRAL PALSY TO CONVERT A SINGLE FAMILY RESIDENCE INTO A FOOD SERVICE TRAINING CENTER. On the motion of Trustee, seconded by Trustee, the following resolution was hereby adopted: RESOLUTION REFERRING UNITED CEREBRAL PALSY'S FOOD SERVICE TRAINING CENTER SPECIAL PERMIT APPLICATION TO THE PLANNING BOARD RESOLVED, that the Food Service Training Center special permit application of United Cerebral Palsy Association of Westchester County is referred to the Planning Board for a report and recommendation; and FURTHER RESOLVED, that the applicant shall deposit the sum of five hundred dollars ($500) in the professional fees/environmental review fund and such further sums as may be requested to defray the costs of such review of the application. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 10. CONSIDERING APPROVAL OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION, INC. The Board members noted that the contract had been settled amicably, without attorneys, and that it was 15 006412 April 24, 1997 the first time the police contract had been settled before it expired. On the motion of Trustee, seconded by Trustee Tunis, the following resolution was hereby adopted: j RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION, INC. RESOLVED, that the Village of Rye Brook is authorized to enter into a collective bargaining agreement with the Rye Brook Police Association Inc., for the period of June 1, 1997, to May 31, 2001, on the terms and conditions set forth in the Stipulation of Agreement dated April 7, 1997, which is hereby ratified on behalf of the Village of Rye Brook; and it is FURTHER RESOLVED, that the Mayor and the Village Administrator are 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 11. AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER- MUNICIPAL AGREEMENT (IMA) WITH WESTCHESTER COUNTY FOR THE VILLAGE TO PARTICIPATE IN THE COMPOST EQUIPMENT CIRCULATION PROGRAM. Administrator Russo read the resolution. The Mayor asked if the Village had been a party to this agreement before, and Mr. Russo stated that the Village had participated in it, pointing out the fees established under the agreement. On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPROVING AN IMA WITH WESTCHESTER COUNTY AUTHORIZING THE VILLAGE OF RYE BROOK TO PARTICIPATE IN A COMPOST EQUIPMENT CIRCULATION PROGRAM RESOLVED, that the Village of Rye Brook is authorized to enter into an Inter-Municipal Agreement with Westchester County for the period of January 1, 1997, to December 31, 2001, to utilize the County's composting equipment on the terms and for the fees set forth in the agreement; and it is 16 April 24, 1997 006413 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 12. CHECK REGISTERS. On the motion of Trustee Strum, seconded by Trustee Tunis, 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 to the Village Administrator: On-Line Checks: 16074-16165 Capital 2705-2723 Pre-Paid 15934-15937 15939-15943 & 15945 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 WRITTEN COMMUNICATIONS: 13. ANTHONY B. GIOFFRE, HI: WITHDRAWING THE APPLICATION OF SVETKO IVANOV ON HIS SUBDIVISION APPLICATION FOR THE PROPERTY ON NORTH RIDGE STREET, RYE BROOK. The Administrator stated for the record the Village's receipt of a letter from Mr. Gioffre withdrawing the subdivision application of Mr. Ivanov regarding the property on North Ridge Street. Mayor Cresenzi requested a motion to move into an Executive Session on personnel. On the motion of 17 April 24, 1997 006414 Trustee Zuckerman, seconded by Trustee Tunis, the Board approved the motion. l County Legislator Paul Noto spoke on some issues, bringing good news on the approval of the Village's grant application for $50,000 to help fund the Village's purchase of a senior citizen transportation van, I which met the CDBG criteria for the funding. Legislator Noto next requested guidance on Water District #4 and whether Rye Brook supported the idea of the County taking over the water district run by the private water company. Mr. Noto noted that the District taxes the Village of Rye Brook for the district, and said "if we (the County Water District) are not going to take over the water system, I would recommend the elimination of the tax on Rye Brook." Legislator Noto announced the County's plans to make improvements to benefit"light general aviation" at the Westchester County Airport. He asked, "Is it safe to assume that the Village supports light aviation over, say, more commercial aviation?" The Mayor and the Board responded that the Village would like to see as little as possible. Trustee Zuckerman added, "And no lights." Mr. Noto said, "Regarding the lights, we still have a curfew at midnight." Discussion followed on the impact of the airport on Rye Brook Mr. Zuckerman asked if the County was to move to condemn High Point Hospital property for airport buffers, how would that proceed?" Mr. Noto responded that the procedure would appraise the property, and establish a value would for it. Then the County Board of Legislators would have to approve the funding for the purchase of the property, because the purchase would require twelve votes on the County Board and it would be unlikely that there would be twelve votes on the County Board, and since such an event would be unlikely, the Mayor's comparison to the Jay property did not apply. Mayor Cresenzi announced the next meeting dates. NEXT MEETING DATES: AGENDA MEETING MAY 13, 1997 REGULAR MEETING MAY 27, 1997 The meeting was adjourned at 8:10 p.m. Respectfully submitted, C;;4 Christop er J. Ra fso Village Administrator/Clerk 18