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HomeMy WebLinkAbout1997-07-08 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES-- AGENDA MEETING AT 938 KING STREET TUESDAY, JULY 8, 1997 7:30 P.M. PLEDGE OF ALLEGIANCE RESOLUTIONS: ACTION: 1. CALLING FOR A PUBLIC HEARING ON JULY 22, 1997 AT 7:30 P.M. ON LOCAL LAW INTRO. #9 - 1997 TO AMEND THE ETHICS LAW. 2. SETTING THE AUGUST MEETING DATE AS AUGUST 19, 1997 INSTEAD OF THE MEETINGS SCHEDULED FOR AUGUST 12 AND 26, 1997. 3. CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19, 1997, ORIGINALLY HELD ON MAY 13, 1997, ON THE HIGH POINT VILLAGE PLANNED UNIT DEVELOPMENT PLAN AND LOCAL LAW INTRO. #7 - 1997 REVISING THE "PUD" ZONE TEXT TO PERMIT SENIOR LIVING FACILITIES AS A PERMITTED USE AND REVISING"PUD" BUFFER AREA AND PARKING REQUIREMENTS. 4. CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19, 1997, ORIGINALLY HELD ON MAY 13, 1997, ON LOCAL LAW INTRO. #8 - 1997 TO AMEND THE VILLAGE'S ZONING MAP TO REZONE THE HIGH POINT PROPERTY FROM OB1 CAMPUS/OFFICE BUILDING TO PLANNED UNIT DEVELOPMENT DISTRICT IN ACCORDANCE WITH THE "PUD" CONCEPT PLAN. 5. REFERRING TO THE PLANNING BOARD A REVISED PROPOSAL FOR A SUBDIVISION APPLICATION FOR THE PROPERTY 998 KING STREET a.k.a. BLIND BROOK ESTATES. 6. REFERRING TO THE PLANNING BOARD AND ENACTING NOTICE OF THE BOARD OF TRUSTEES' INTENT TO ACT AS LEAD AGENCY ON THE APPLICATION FOR ZONING AMENDMENTS AND SITE PLAN APPROVAL FOR SUMMERFIELD SUITES HOTEL, SECTION 1, BLOCK 4, LOT 5. PAGE TWO 7. REFERRING TO THE PLANNING BOARD THE SUBDIVISION APPLICATION BY HILLANDALE ASSOCIATES FOR THE PROPERTY AT 24 HILLANDALE ROAD, SECTION 1,BLOCK 7, LOTS 2132 AND 3112. 8. CONSIDERING AWARDING CONTRACT# 9703 ENTITLED, "TWO (2) 5 - 7 CUBIC YARD DUMP TRUCKS WITH PLOW (NEW EQUIPMENT)" TO THE LOW-BIDDER GABRIELLI FORD TRUCK SALES OF MEDFORD, NEW YORK. 9. CONSIDERING AWARDING CONTRACT# 9704 ENTITLED, "ONE (1) TRAILER MOUNTED LEAF LOADER(NEW EQUIPMENT)" TO THE LOW-BIDDER ODB MUNICIPAL PRODUCTS OF RICHMOND, VIRGINIA. 10. AUTHORIZING THE VILLAGE TO ENTER INTO EASEMENT AGREEMENTS WITH CIGNA FOR THE VILLAGE OFFICES AT 938 KING STREET, RYE BROOK, NEW YORK. 11. AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES (BANS) TO FUND COURT ORDERED TAX CERTIORARI SETTLEMENTS FOR ROYAL EXECUTIVE PARK PHASES I, H AND HI FOR FISCAL YEARS 1995 AND 1996. 12. CHECK REGISTERS. REPORT: 13. STEPHEN YARABEK, ARCHITECT: REGARDING PLANS FOR RYE HILLS PARK. DISCUSSION: 14. HIGH POINT VILLAGE F.E.I.S. 15. STATUS ON LOCAL LAW INTRO. #3 - 1997 RE: BULK STANDARD ZONING REQUIREMENTS. NEXT MEETING DATES: REGULAR MEETING MONDAY, JULY 22, 1997 MEETING AUGUST 19, 1997 006459 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK JULY 8, 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 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 Fire Chief William Dee McCluskey Village Treasurer Joseph Cortese RESOLUTIONS: 6. REFERRING TO THE PLANNING BOARD AND ENACTING NOTICE OF THE BOARD OF TRUSTEES' INTENT TO ACT AS LEAD AGENCY ON THE APPLICATION FOR ZONING AMENDMENTS AND SITE PLAN APPROVAL FOR SUMMERFIELD SUITES HOTEL SECTION 1, BLOCK 4, LOT 5: Frank.McCullough, a representative of Summerfield Suites Hotels, spoke about the development of Summerfield Suites. He said that the property was 15.2 acres and was zoned for hotels. There would be 160 guest suites and 176 parking spaces. The average stay of the guests would be 2 to 4 days and there would be a kitchen in each unit, eliminating the need for a restaurant. Typically, the traveling businessman would be using the suites. He also said that the property was in Connecticut and New York but that the entire development would only br in New York, leaving the Connecticut portion undisturbed. A five acre parcel of land would be donated to the Village. He said that they filed a zoning amendment and were requesting referral to the Zoning Board. On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION REFERRING TO THE PLANNING BOARD AND ENACTING NOTICE OF THE BOARD OF TRUSTEES' INTENT TO ACT AS .LEAD AGENCY ON THE APPLICATION FOR ZONING AMENDMENTS July 8, 1997 0 0 6 4 P O AND SITE PLAN APPROVAL FOR SUMMERFIELD SUITES HOTEL SECTION 1, BLOCK 4, LOT 5 RESOLVED,that the petition submitted by the Summerfield Hotel Corporation (the Applicant), to amend Section 250-34 of the Village of Rye Brook Zoning Code and for Site Plan Approval of a 160 Suite Hotel is hereby referred to the Planning Board for their review and recommendation; and it is FURTHER RESOLVED, that the proposed action is preliminarily considered a Type I Action that must undergo a coordinated review pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the New York State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law; and it is FURTHER RESOLVED, that the Village Clerk shall circulate to all involved and interested agencies a notice stating the intent of the Village Board of Trustees to act as Lead Agency with respect to this matter; and it is FURTHER RESOLVED,that the applicant shall pay the sum of five thousand dollars $5,000 into the Professional Services/Environmental Fee fund and such additional sums as may be required to defray professional and environmental review costs. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE REPORT: 13. STEPHEN YARABEK ARCHITECT: REGARDING PLANS FOR RYE HILLS PARK: Stephen Yarabek gave some history on Rye Hills Park. He said that in 1987, F.P. Clark did a recreational study and a Rye Hills Study Recreational Committee was established. In July 1990, they submitted a report. Brook II Ventures requested a modification of the site plan abandoning the original access road and putting in a new one by Long Ledge and Park Ridge Court. He said that the Village spent $15,000 on the removal of vandalized equipment and 100 trees were planted along Rye Hills. In February 1995, the Village applied for a New York State Environmental Protection Fund Grant requesting $190,000. However, $50,000 was approved. There is a time limit on the grant stating that the project must get underway by September otherwise the grant will be forfeited. In March 1996, a negative declaration was given. An Environmental Assessment form was filed in September 1996. He said that the modified plan had been reviewed. Mr. Yarabek added that they received points for the grant because the park was part of the Hudson River Valley Greenway. In fact, Rye Hills Park would be the first park completed as part of that program. Mr. Yarabek said that the renovations of the park would honor the environment. The old field would be restored to allow for informal play, ADA accessible nature trails would be put in, a picnic area would be established, a new basketball court would be built, and a council ring would be established for storytelling 2 July 8, 1997 006461 and other uses for the camp. A belvedere, a small pavilion on a knoll, would be built where people could see Long Island Sound. It would be metal and vandal-resistant for long-term use. Plantings would be added and a dedicated 18 ft. access would be built. Signage prohibiting other vehicles to enter the park would be put up so that only maintenance and emergency vehicles could enter. The budget for the park is estimated at $227,000. Ken Heller of 22 Lincoln Ave. said that he noticed there was no visitor parking . Mr. Yarabek said that the original plan had parking spaces in the park, but after review it was decided that the park would be accessible on foot. Mr. Heller said that the park was not accessible to everyone in the Village and that only people in the surrounding area could use the park. Mayor Cresenzi said that the Village had a discussion with the Town about opening a footpath from Crawford Park, The Town agreed that a footpath was a good idea. Mayor Cresenzi said that there was no need for parking at Rye Hills Park because there was parking in Crawford Park. In addition, there in Rye Hills Park because there are la structures in Crawford. s no need to put la structures play was play Y P People could park in Crawford Park and use the footpath to get to Rye Hills Park. Mayor Cresenzi also said that a shorter access road was ADA compliant. Homeowners Associations of the Hidden Falls o oke about the concerns of the P John Silverman Chairman residents in Hidden Falls. They were concerned about safety that would be in jeopardy because of large amounts of traffic and vagrancy. They wanted to know if a gate could be put in to control traffic on the access road. A resident at 2 Park Ridge Court wanted to know how close the access road would come to his property. The residents also wanted the Village to make clearly known that the entrance to the Park would be through Crawford. Lastly, the residents wanted to know the estimated completion date. Mr. Yarabek said that the gate issue was the Board's call. The road would cover the prior estate road and would be 40 ft. from the property line. He said that the bid would take place in September and that the project would be completed in December. John Silverman asked about a key system for the gate. Mr. Yarabek said that a key system for the gate would add to the cost. Mayor Cresenzi said that a gate was a good idea but that the mechanics of the gate had not been worked out. Jewel Kahn, a resident of Hidden Falls, said that a handicapped card could be used for the gate to allow handicapped people to have better access to the park. She also said that the safety of children was a concern of the residents. George Datino questioned the policing of the park. Mr. Yarabek said he would ask the Police Chief and perhaps the road could be extended or the police cars could drive over the trail system. He said that the road could maybe be extended to the knoll so that the police could overlook the lower park topography. A member of the public asked about the number of parking spaces for the handicapped and wanted to know how the park was going to be policed because vandalism was a major concern. Mr. Yarabek said that there were three handicapped spaces. He also said that a road was important for the police and other recreational or emergency vehicles. Mr. Yarabek said that if there was a demand in the future for more handicapped spaces they could expand them to six spaces. He also said that there were already ADA spots in Crawford that could be used. In terms of security, he said that shielded lighting should be considered to prevent vandalism without intruding upon neighbors. 3 July 8, 1997 006462 George Zukowski asked why the Village went with the larger plan. Ken Heller asked about the Hudson River Valley Greenway. Mr. Yarabek said that the purpose of the Greenway was to promote recreational activity ecologically. He said that because the Village got more points on the grant, they were more competitive on a statewide level. Ken Heller said that Hidden Falls was only interested in their needs and not the whole community's needs. John Silverman said that the primary access to the park would be through Crawford but that it was not Hidden Falls's intention to keep people out. Trustee Pellino said that the prime motivators for Hidden Falls was to restore access to the land-locked park so that the whole Village could benefit from the park. He said that the Village was working with new residents of Hidden Falls and the Town of Rye to find an acceptable amount of access to the park. He also said that the park was a low use, low density park that would benefit the whole Village. He added that he didn't agree with gating the access road. DISCUSSION: 14. HIGH POINT VILLAGE F.E.I.S.: Anthony Veneziano spoke on behalf of the applicant. He said that he would like to schedule the adjournment of the hearings on the zoning text and zoning map amendments for July 22, 1997. He said that a meeting with F.P. Clark was scheduled for Monday. On July 22, 1997 he and Christian Miller would respond to comments during a joint presentation. Regarding the height issue, he said that they got the height down to 33.5 ft. And would like to modify the zoning height requirement from 30 ft. to 35 ft. In terms of zoning text amendments, he said that they would like to legislate specific language instead of interpreting the existing ones. The zoning text amendments for the senior assistant facilities would also have to be considered. Trustee Strum asked if comments on the FEIS could be made on July 22, 1997. Mr. Veneziano said that they could be made then. Mr. Veneziano also asked if items three and four could be adjourned until July 22, 1997. Mayor Cresenzi said that they could be adjourned until July 22, 1997. RESOLUTIONS: 1. CALLING FOR A PUBLIC HEARING ON JULY 22, 1997 AT 7:30P.M. ON LOCAL LAW INTRO. #9 - 1997 TO AMEND THE ETHICS LAW: Mayor Cresenzi said that this resolution would be held over for the next agenda. GENERAL COMMENTS FROM AUDIENCE: Morton Smith spoke about a personal matter. He said that his ethics were questioned regarding the St. Paul's Day Care Center. The Ethics Committee questioned if he was in violation of the Ethics Code and if he had a conflict of interest. He read a letter from the Ethics Board that said that he did not have a conflict of interest and was not in violation of the Village's Ethics Code. 4 July 8, 1997 006463 Mr. Smith said that the revised site plan contained a play area that was 9000 sq. ft. even though 3000 sq. ft. was suitable. He said that no more than 15 kids would be in the play area and that the ages of the children ranged from 6 weeks to four years. He also said that there would be no intrusive equipment and that it was estimated that one-third to one-half of the children would be under the age of two. He said that the facility met the New York State and Village requirements. He added that there was no need for additional sanitation because the children would bring their own lunch and only snacks would be served twice a day. Mr. Smith also said that an admission preference to Rye Brook residents would be implemented. He submitted a petition to the Board with 124 signatures of Rye Brook residents who belonged to St. Paul's Lutheran Church or were immediate neighbors who supported the application. Trustee Strum asked if they were complying with the Village's 9000 sq. ft. requirement. Mr. Smith said that 6000 sq. ft. would not be used but that he would designate it on the map as play area. Mayor Cresenzi said that he spoke to Christian Miller about a traffic study. He said that it would be distributed to the Board soon. Michael Segal of 15 Castle View Court commented on the New York Legislature and the Village's requirements. He said that the facility was not compatible with the surrounding environment and therefore didn't comply with section 250 of the Village Code. He also said that the purpose of the day care facility was to ease the financial difficulties the church was experiencing. Debra Segal of 15 Castle View Court requested that the Board turn down the special use permit. She said that they moved to the neighborhood knowing that a church was a quiet place of worship. She said that the day care center would completely change the character of the neighborhood and that it would increase traffic at two school bus stops and decrease the value of the surrounding homes. Steve Berger of 3 Castle View Court said that the play area did not meet the requirements. He said that they should examine the size of the play area and its closeness to King Street. He also said that all 9000 sq, ft. must be screened to comply with the Village's code. Ken Heller asked the audience what was wrong with the church and with children. He did not like the direction in which the community was heading. Mayor Cresenzi said that the Village has planned well for the future. RESOLUTIONS: 2. SETTING THE AUGUST MEETING DATE AS AUGUST 19, 1997 INSTEAD OF THE MEETINGS SCHEDULED FOR AUGUST 12 AND 26, 1997: On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION SETTING THE AUGUST MEETING DATE AS TUESDAY, AUGUST 19, 1997 5 July 8, 1997 006464 RESOLVED,that the Board of Trustees hereby sets the date of the Meeting of the Board scheduled for August for Tuesday, August 19, 1997, at 7:30 p.m. in place of the August 12 Agenda Meeting and the August 26 Regular Meeting due to scheduling conflicts. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRE SENZI VOTING AYE 3. CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19, 1997, ORIGINALLY HELD ON MAY 13 1997 ON THE HIGH POINT VILLAGE PLANNED UNIT DEVELOPMENT PLAN AND LOCAL LAW INTRO. #7 - 1997 REVISING THE 11PUD" ZONE TEXT TO PERMIT SENIOR LIVING FACILITIES AS A PERMITTED USE AND REVISING "PUD" BUFFER AREA AND PARKING REOUIREMENTS: At the request of Anthony Veneziano, this resolution was deferred until July 22, 1997. 4. CALLING TO RECONVENE A PUBLIC HEARING ON AUGUST 19, 1997, ORIGINALLY HELD ON MAY 13 1997 ON LOCAL LAW INTRO. #8 - 1997 TO AMEND THE VILLAGE'S ZONING MAP TO REZONE THE HIGH POINT PROPERTY FROM OB1 CAMPUS/OFFICE BUILDING TO PLANNED UNIT DEVELOPMENT DISTRICT IN ACCORDANCE WITH THE "PUD" CONCEPT PLAN: At the request of Anthony Veneziano, this resolution was deferred until July 22, 1997. 5. REFERRING TO THE PLANNING BOARD A REVISED PROPOSAL FOR A SUBDIVISION APPLICATION FOR THE PROPERTY 998 KING STREET a.k.a BLIND BROOK ESTATES: Peter Murray, the applicant, spoke about road frontage and new plans. He asked to amend the resolution approving this subdivision. Mayor Cresenzi said that he would be more comfortable if the Planning Board looked at it. Trustee Strum asked if the court ruled that he could only build two houses, one on lot two and another on lot four, what would happen to lots one and three? Mr. Murray said that he would combine lots one and two to make one lot and then combine lots three and four to make another lot. He also said that he was willing to build a street with any width. The entire board felt that the application should go to the Planning Board. Mr. Murray said that other issues haven't changed and that he would lose too much time if it went to the Planning Board. He asked the Board if they could limit the scope. Christian Miller said that the application was for an amended subdivision proposal. He said that there was a proposed modification to a roadway requirement which was permitted. He added that the Board should evaluate changes in drainage, access, and roadway width. He also said Mr. Murray and the Board should have provisions in case the court decides the number of lots. He said it was not good to limit the scope because certain issues would not be looked at. 6 July 8, 1997 006465 Trustee Pellino said that a memo containing the Board's concerns accompanying the application should go to the Planning Board. He said that the memo would keep the focus of the Planning Board. Christian Miller said that he would prepare a memo to the Planning Board. On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION REFERRING TO THE PLANNING BOARD THE PROPOSED BLIND BROOK ESTATES SUBDIVISION FOR 998 KING STREET SECTION 1, BLOCK 5, LOTS 8B2B & 8C RESOLVED, that the subdivision application of Peter Murray dated June 30, 1997, for the Blind Brook Estates subdivision for the property at 998 King Street, Section 1, Block 5, Lots 813211 & 8C, is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the applicant shall pay into the Professional Fees/Environmental Review fund a sum of one thousand dollars ($1,000) and such additional sums as may be requested to defray professional and environmental review costs. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7. REFERRING TO THE PLANNING BOARD THE SUBDIVISION APPLICATION BY HILLANDALE ASSOCIATES FOR THE PROPERTY AT 24 HILLANDALE ROAD. SECTION 1 BLOCK 7, LOTS 2112 AND 3112: No action was taken at this meeting. The resolution would be put on the July 22, 1997 agenda calling for a hearing on August 19, 1997. 8. CONSIDERING AWARDING CONTRACT#9703 ENTITLED "TWO (2) 5 - 7 CUBIC YARD DUMP TRUCKS WITH PLOW (NEW EQUIPMENT)" TO THE LOW-BIDDER GABRIELLI FORD TRUCK SALES OF MEDFORD, NEW YORK: Mayor Cresenzi said that this was part of the upgrading of highway and snow removal equipment and it replaced two vehicles. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: 7 0 sk> July 8, 1997 RESOLUTION AWARDING CONTRACT#9703 TWO 5 - 7 CUBIC YARD DUMP TRUCKS WITH PLOW (NEW EQUIPMENT) WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract 99703 entitled, "Two (2) 5 - 7 Cubic Yard Dump Trucks with Plow (new equipment);" and WHEREAS, a public notice was duly advertised on Monday, June 9, 1997, in the official newspaper of the Village of Rye Brook; and WHEREAS, during the notice period ten (10) copies of the contract documents were picked up by or mailed out to various vendors; and WHEREAS, on Wednesday, June 25, 1997 at 2 p.m., the Village of Rye Brook publicly opened and read four (4) proposals; and WHEREAS, the lowest responsible bidder is Gabrielli Ford Truck Sales, Ltd. of Medford, New York at the approximate bid price of$82,498.00 per vehicle, for a total approximate bid price of$164,996.00. NOW, THE, BE IT RESOLVED, that after review by the Village Administrator and the Village Highway Mechanic, Contract #9703 entitled, "Two (2) 5 - 7 Cubic Yard Dump Trucks with Plow (new equipment)" be awarded to Gabrielli Ford Truck Sales, Ltd. of Medford, New York at the approximate bid price of $82,498.00 per vehicle, for a total approximate bid price of$164,996.00; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute said contract with Gabrielli Ford Truck Sales, Ltd. of Medford, New York on behalf of the Village of Rye Brook, TRUSTEE STRUM - VOTING AVE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9. CONSIDERING AWARDING CONTRACT#9704 ENTITLED "ONE (1) TRAILER MOUNTED LEAF LOADER(NEW EQUIPMENT)' TO THE LOW-BIDDER ODB MUNICIPAL PRODUCTS OF RICHMOND, VIRGINIA: On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION AWARDING CONTRACT#9704 ONE TRAILER MOUNTED LEAF LOADER(NEW EQUIPMENT) 8 July 8, 1997 00646 i WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract#9704 entitled, "One Trailer Mounted Leaf Loader (new equipment);" and WHEREAS, a public notice was duly advertised on Monday, June 9, 1997, in the official newspaper of the Village of Rye Brook; and WHEREAS, during the notice period six(6) copies of the contract documents were picked up by or mailed out to various vendors; and WHEREAS, on Wednesday, June 25, 1997 at 2 p.m., the Village of Rye Brook publicly opened and read three (3) proposals; and WHEREAS,the lowest responsible bidder is ODB Municipal Products of Richmond, Virginia at the approximate bid price of$20,340.00 for this equipment. NOW, THEREFORE, BE IT RESOLVED, that after review by the Village Administrator and the Village Highway Mechanic, Contract#9704 entitled, "One Trailer Mounted Leaf Loader (new equipment)" be awarded to ODB Municipal Products of Richmond, Virginia at the total approximate bid price of$20,340.00; and be it FURTHER RESOLVED,that the Mayor is hereby authorized to execute said contract with ODB Municipal Products of Richmond, Virginia on behalf of the Village of Rye Brook. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING.AYE MAYOR CRESENZI VOTING AYE 10. AUTHORIZING-THE VILLAGE TO ENTER INTO EASEMENT AGREEMENTS WITH CIGNA FOR THE VILLAGE OFFICES AT 938 KING STREET, RYE BROOK, NEW YORK: On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION APPROVING EASEMENTS WITH CIGNA CORPORATION FOR THE VILLAGE HALL PROPERTY UTILITIES RESOLVED, that the Village of Rye Brook is authorized to enter into and accept three (3) easements from Connecticut General Life Insurance Company (CIGNA) of 900 Cottage Grove Road, Bloomfield, Connecticut, 06002, for: 9 July 8, 1997 006468 1) Sewer and drainage; 2) Drainage; 3) Sewer, gas and water. for the Village Offices at 938 King Street, Rye Brook,New York; 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 ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 11. AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES (BANS) TO FUND COURT ORDERED TAX CERTIORARI SETTLEMENTS FOR ROYAL EXECUTIVE PARK PHASES I 11 AND IH FOR FISCAL YEARS 1995 AND 1996: On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION BOND RESOLUTION DATED JULY 8, 1997 AUTHORIZING THE ISSUANCE OF $160,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE COST OF SETTLED CERTIORARI CLAIMS AGAINST THE VILLAGE OF RYE BROOK FOR ROYAL EXECUTIVE PARK PHASES I, H AND III FOR TAX YEARS 1995 AND 1996 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 amount of$160,000 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 1997: The payment of the cost of settlement of certiorari claims by Royal Executive Park Phases I, H and III for tax years 1995 and 1996. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $160,000 and that it plans to finance such cost by the issuance of Serial Bonds in the amount of$160,000 authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. 10 July 8, 1997 006469 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 33 of paragraph (a) of Section 11.00 of the Local Finance Law and that the period of probable usefulness of said purpose is five(5) years; (b) 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 notes 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 notes 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 Daily Item, a newspaper having a general circulation in said Village and published in the County of Westchester and the State of New York. The validity of said Serial Bonds or any 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 shall take effect immediately. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 12. CHECK REGISTERS: On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: 11 July 8, 1997 006470 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 by the Village Administrator: On-Line Checks 16570 -16677 Payroll 23152 - 23253 Environmental 180 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION FRIENDS OF RYE BROOK, INC. 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 by the Village Administrator: Friends of Rye Brook Inc. 134 - 137 NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Friends of Rye Brook, Inc., hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 12 July 8, 1997 006471 DISCUSSION: 15. STATUS ON LOCAL LAW INTRO. #3 - 1997 RE: BULK STANDARD ZONING REOUIBEMENTS: Christian Miller spoke on the modified bulk standard regulations. He said the lot configurations would be consistent with the Village's character. He said that option B was more appropriate because it amended the Village's zoning code to increase the minimum frontage requirement so that it would be the same as the horizontal circle requirement. He said that there would be a provision allowing for the modification of the required frontage by one-third. He also said that further analysis on the nonconformities would be done. He said that it was more appropriate to amend only the frontage requirement in the Village's residence districts and that it would generally be three-quarters the dimension of the horizontal circle. Mr. Miller indicated that on page two of the memo, there was a table that showed a comparison between the existing frontage requirement and the proposed frontage requirement. In terms of cul-de-sacs, he said that the Village Board could decrease the frontage by one-third if they pleased. Mr. Miller indicated that the proposal could be referred to the Planning Board for more assessment. Trustee Pellino asked if the nonconformities would be confined to specific zoning districts. Christian Miller said that the R-20 zone was the most unique because the lots have an odd configuration and they don't have uniformly shaped lots. He said that in general there would be a modest increase in nonconformities. Mayor Cresenzi asked if a resident with a nonconforming lot would have to receive a variance from the Zoning Board if he/she wanted to put on an addition. Christian Miller said that if the application didn't increase the nonconformity then the resident did not need further SEQRA approval. Trustee Pellino said that he had no problem referring it to the Planning Board tonight. However, he wanted to know if the implementation would eliminate skewed subdivisions and skewed lot shapes. Christian Miller said that applicants would continue to submit odd shaped lots. Mayor Cresenzi asked Ken Powell to write a formal resolution. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION REFERRING PROPOSED BULK STANDARDS REVISIONS TO THE PLANNING BOARD RESOLVED, that the proposed revisions to the Village's bulk standards regulations set forth in the memorandum dated July 3, 1997 of Frederick P. Clark Associates is referred to the Planning Board for review and recommendation. 13 July 8, 1997 006472 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS ABSENT TRUSTEE ZUCKERMAN ABSENT TRUSTEE PELLINO VOTING AYE MAYOR CRE SENZI VOTING AYE George Datino of 8 Bell Place was concerned about the road in Rye Hills Park. He said that there should also be adequate ambulance access. He also said that in September 1995, he wrote to the Traffic Commission and the Board of Trustees about traffic in the area. He said that he did not receive an answer. Mayor Cresenzi told him to re-send the letter to the Traffic Commission and the Board of Trustees. Trustee Pellino said that he and Trustee Tunis represented the Village at the Independence Day Observances at Port Chester High School. The Village received a flag because of its 15th anniversary. He thanked the Independence Day Committee for the flag presentation. Mayor Cresenzi announced the next meeting dates and then adjourned the meeting at 9:30p.m. Respectfully submitted Christopher J. Russo Village Administrator/Clerk 14