HomeMy WebLinkAbout1996-08-13 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
AGENDA MEETING
AUGUST 13, 1996
7:30 P.M.
PLEDGE OF ALLEGIANCE
RESOLUTIONS:
1. RESOLUTION CALLING FOR A PUBLIC HEARING
ON A LOCAL LAW TO LIMIT THE TYPES OF WASTE
COLLECTED BY THE VILLAGE OF RYE BROOK.
2. RESOLUTION ON THE PROPOSED SUBDIVISION AND
WETLANDS APPLICATION FOR THE NEUMAN
PROPERTY AT 24 HILLANDALE ROAD.
3. RESOLUTION AWARDING CONTRACT #9607 ENTITLED
"CONTRACT#9607- FURNISHING AND DELIVERING
TWO (2) 1996 CHEVROLET CAPRICE POLICE PACKAGE
VEHICLES, OR EQUAL."
4. RESOLUTION APPOINTING RANDY SOLOMON TO THE
ADVISORY COUNCIL ON PARKS AND RECREATION.
5. RESOLUTION DEDICATING CASTLE LANDING (THE RYE
BROOK PORTION) A PUBLIC STREET AND RIGHT-OF-WAY.
6. BOND RESOLUTION AUTHORIZING THE ISSUANCE OF
$83,978.00 SERIAL BONDS OF THE VILLAGE OF RYE BROOK
TO FINANCE THE ACQUISITION OF A DUMP TRUCK
PURSUANT TO THE NEW YORK STATE LOCAL FINANCE LAW.
7. A LOCAL LAW FOR REFERRAL TO THE PLANNING BOARD
ENTITLED, "A LOCAL LAW AMENDING CHAPTER 250 OF
THE CODE OF THE VILLAGE OF RYE BROOK, ZONING,FOR
THE PURPOSE OF REGULATING.CHILD CARE USES."
8. RESOLUTION ADOPTING A NEGATIVE ENVIRONMENTAL
DECLARATION RELATED TO THE PROPOSED
IMPROVEMENTS TO RYE HILLS PARK.
9. RESOLUTION AUTHORIZING AN AGREEMENT WITH PSC
ENGINEERING FOR THE PREPARATION OF A BID
SPECIFICATION ON THE SIGNALIZATION OF THE RIDGE
STREET AND BOWMAN AVENUE INTERSECTION.
AGENDA
AUGUST 13, 1996
PAGE TWO
10. CHECK REGISTER
DISCUSSION:
11. PROPOSAL TO PREPARE SPECIFICATIONS ON A SECURITY/
CARD-KEY SYSTEM AT THE NEW VILLAGE HALL.
12. LOCAL LAW ENACTING SPRINKLER REQUIREMENTS
13. RECOGNITION OF THE FIRE DEPARTMENT'S PROMOTION
OF NICK ESPOSITO TO THE POSITION OF LIEUTENANT.
14. RESOLUTION AUTHORIZING AN AGREEMENT WITH
WESTCHESTER COUNTY FOR URBAN COUNTY PROGRAM
FUNDING FOR GARIBALDI PARK IMPROVEMENTS.
MINUTES:
15. JANUARY 9, 1996 AGENDA MEETING
16. MARCH 26, 1996 REGULAR MEETING
17. APRIL 9, 1996 AGENDA MEETING
WRITTEN COMMUNICATIONS:
18. MAYOR EDWARD DUNN,CITY OF RYE
RE: REQUESTING THAT THE SCOPE FOR K& M REALTY'S
BOWMAN AVENUE PROJECT BE EXPANDED.
19. MAUREEN FORESTER, CHAIRMAN, TWIG HOLIDAY FAIR
COMMITTEE:
REQUESTING PERMISSION TO POST A SIGN IN FRONT OF
90 SOUTH RIDGE STREET TO PUBLICIZE UNITED
HOSPITAL'S 1996 TWIG HOLIDAY FAIR IN NOVEMBER.
NEXT MEETING DATES:
REGULAR MEETING -- TUESDAY, AUGUST 27, 1996
AGENDA MEETING--TUESDAY, SEPTEMBER 10, 1996
res bt81396 (8/9 4:15 p.m.)
00619.1.
MINUTES OF AN AGENDA MEETING
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
VILLAGE OFFICES -- 90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
AUGUST 13, 1996 7:30 P.M.
CONVENE MEETING
The Meeting was called to order at 7:40 p.m. by Mayor Cresenzi in the Meeting Room and the roll was
called.
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 included:
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 Santoro
Planning Consultant Christian K. Miller,F. P. Clark& Associates
Fire Chief William D. McCluskey
DISCUSSION:
13. RECOGNITION OF THE FIRE DEPARTMENT'S PROMOTION OF NICK ESPOSITO
TO THE POSITION OF LIEUTENANT.
Mayor Cresenzi stated that before going to the Resolution Section of the Meeting they would proceed to
Item 13 for discussion,regarding the promotion of Nicholas Esposito to Lieutenant in the Fire
Department. Fire Chief McCluskey discussed the 3-month evaluation process, then introduced
Lieutenant Nick Esposito,who was joined by his family. Everyone offered their congratulations.
RESOLUTIONS:
2. RESOLUTION ON THE PROPOSED SUBDIVISION AND WETLANDS APPLICATION
FOR THE NEUMAN PROPERTY AT 24 HILLANDALE ROAD,
The Meeting proceeded with Item#2,regarding the Neuman Subdivision Application for 24 Hillandale
Road (Subdivision and Wetlands applications), The Mayor stated that although the Board would
normally have just discussed the Resolution and then voted, some late correspondence had been received
from the Applicants' Engineer,regarding the position that the driveway should be considered a road.
The Mayor asked the Engineer to explain his position, but reminded the audience that this meeting is not
a public hearing.
Mr. Mastromonaco, the Engineer, stated his case,that for Zoning and Subdivision purposes,there were
several scenarios discussed about the actual shape of the lot, during which the Applicants suggested that
the driveway be considered a road. Since the Board had expressed its concerns about the shape of the lot
that would be created, Mr. Mastromonaco had submitted three different scenarios under which the lot
could be subdivided into two lots. Mr. Mastromonaco made his presentation:
Ooc
August 13, 1996
(These proposals)hinge on whether the angle line is considered a front line or a side line. The
first memo that I sent to the Board on August 2, 1996, went into the position that the easement
going back to the Watson house, since it appeared on the file map, could be considered a street.
In this way, the property could be subdivided without the line angling(along Hillandale). The
second letter that I sent on August 9, 1996, basically reinforced the application that is before you,
and relies on the Board to recognize that a line that is 67%... or 67%of it is at right angles to
Hillandale Road,then that line is generally at a right angle to Hillandale. If you can accept that,
then I think that you can approve this subdivision the way it is. If you can't accept that, then my
letter of August 2, 1996, shows a different way to subdivide the lot without the angled line(along
the street). I could not find one exception in your Code that would prevent us from subdividing
this lot into two lots.
Trustee Strum asked questions on the letter of August 7, 1996, one showing a sixteen foot wide
easement. If the minimum area includes the easement, then if the easement is considered a street,would
lot number 1,in the rear,meet the minimum area requirement? Section 250-6 of the Rye Brook Zoning
Code which defines frontage requirements... states, "Frontage on improved street required. No building
permits shall be issued for any structure, unless the lot upon which the structure is to be built fronts on a
street or highway, unless the lot fronts on a street or highway as defined under Section 7-36 of the
Village Law, which street or highway shall be suitably improved to the satisfaction of the Village Board
and as defined in said law." He asked, specifically, whether this lot meets the requirements of Section 7-
36. Discussion continued, and Mr. Mastromonaco stated that technically the application is not seeking a
building permit. After some review, Mr. Mastromonaco stated that the subdivision is the simplest thing.
He went back to the question of the line and stated that the line question is the only relevant question the
Board should be considering, whether 67%of the line is perpendicular to the road. Trustee Zuckerman
disagreed and said"that's if you quantify it, rather than say, `is the general direction of the entire line
perpendicular to the road.' " Mr. Mastromonaco said that it should be averaged under the"generally"
issue, and then it would be as close to 90° as every other lot in the Village.
Trustee Pellino stated that the Board has to try to understand the intent of the Code which is to create a
symmetry in the lots, village-wide, for all projects now and in the future,where subdivisions meet a
general symmetry. He stated, "The question really revolves around.., are we adhering to our intended
goal... which is to have a symmetry, or conformance, or to have a look about them that conforms to other
lots in the Village. The issue is whether the Board thinks that the intent of having symmetry, or
conformance in the look of the lots as they relate to streets, is being adhered to." Trustee Zuckerman
asked, "If you eliminate the area of the driveway from the lot area, as proposed in Mr. Mastromonaco's
letter proposing Alternative 2, how does that impact on the lot area of each of the two lots?" Mr.
Mastromonaco stated that the area of the driveway amounts to approximately 4,000 square feet, then the
lot area would drop. "There is really no reason to deduct that area, since lot 2 will own the driveway."
Mr. Miller asked to clarify the Applicant's determinations and analyses, He disagreed with the assertion
that two lots can be created by making the driveway a street, since the driveway does not fit the definition
of a street under the Village's Zoning or Subdivision Regulations. Mr. Miller explained:
"If you look at Lot 2,Line H would have to be a front lot line, because a front lot line separates a
lot from a street. If the Applicant is calling (the driveway a street), then Line H would have to be
a front lot line. It(the area of the driveway) could not be included, therefore, because the lot
area,the dimensions,the horizontal circle and all of the other Zoning requirements would have to
0061 9113
August 13, 1996
be achieved within the confines of those lot lines. If the driveway is deemed to be a street,Line H
is a front lot line. It is my opinion, then, that the area of the driveway would have to be deducted.
Based on the net lot area that is currently provided, it would probably fall below the current area
requirements of the Zoning Code. The point here is that you might be creating a non-conformity.
Mr. Miller continued that the rear setback is substandard and the creation of a new lot, by designating the
driveway a street, would create additional non-conformities. He stated, "For the purposes of analysis, I
disagree that this is the comparison of two valid alternatives. That's not the case."
Trustee Zuckerman responded that basically, Mr. Miller was answering Trustee Strum's question from
last time about whether two lots could be created. Mr. Zuckerman summed up the comments that Mr.
Mastromonaco was saying"yes" and that Mr. Miller was saying, "No." Mr. Miller stated, "The
Alternative Plan is not acceptable, as it does not create co-complying lots. A further point is that the
street is also subdivided by the two lot lines, which defies... (the law)."
Mr. Mastromonaco stated that it was not a planning issue but a legal issue (and that the Board should
approve it). Trustee Zuckerman asked Mr. Miller,regarding, "the plan that is before us,the infamous
curved line that is not a straight line and that is not a perpendicular line,how do you interpret the word
line in terms of is it `perpendicular' to the street?" Mr. Miller responded. "It is the side lot line. It is not
perpendicular to the street line-generally." Mr. Zuckerman and Mr, Strum agreed that Mr. Miller's
response answers the question, as to whether the side lot line is perpendicular to the street, concluding
that it is not,generally.
Trustee Strum continued onto the 65 foot frontage requirements in an R-20 Zone. Mr. Mastromonaco
commented that had the Board said in the Zoning Code that the 65 foot side lot line had to be carried
back the length of the lot line,then the lot would be non-conforming,but since the Code does not include
that, then the Board can not require that. Mr. Mastromonaco said he hoped that he had answered the
Board's questions, and Mayor Cresenzi responded that he had, "Generally." There being no further
comments, Mr. Russo was asked to read the Resolution.
On the Motion of Trustee Zuckerman, seconded by Trustee Tunis, the following Resolution was hereby
voted upon and rejected:
RESOLUTION
Neuman Subdivision
Subdivision and Wetlands Application
24 Hillandale Road
(Approval)
WHEREAS, on November 10, 1995, Michael Neuman, 3rd Street,Rye,New York 10580,made
an application to subdivide 1.036 acres of land in the Village of Rye Brook at 24 Hillandale Road,
situated in an R-20 zoning district in which a minimum lot size of 20,000 square feet is required; and
WHEREAS, approval is sought to subdivide the 45,133 square feet parcel into 2 lots having a net
lot area of 20,444 square feet(Lot 1) and 23,731 square feet(Lot 2), with the existing single family
residence and garage to occupy proposed Lot 2; and
006104
Augu9t%4`3$0%
WHEREAS, any future construction or disturbances on proposed Lot 1 are regulated activities
pursuant to Chapter 245, Wetlands and Watercourses, of the Code of the Village of Rye Brook and
therefore require the issuance of a Wetlands Permit approved by the Village Board; and
WHEREAS,as required by the Village Wetland Law,the applicant has also made a Wetlands
Permit application for the construction of the proposed home and related disturbances within a 110-foot
Wetlands buffer area located on a proposed Lot 1; and
WHEREAS, the Board of Trustees referred the applications to the Planning Board and the
Wetlands application to the Advisory Council on Environmental Conservation for a report and
recommendation; and
WHEREAS, on January 11, 1996 and May 9, 1996, the Rye Brook Planning Board conditionally
recommended approval of the subdivision and Wetlands applications; and
WHEREAS, on June 25, 1996 and July 23, 1996 the Board of Trustees conducted a public
hearing on the applications after due notice; and
WHEREAS,the application consists of the following plans:
1. Preliminary Plat,Proposed Subdivision at Hillandale Road, Village of Rye
Brook, Westchester Co.,N.Y., dated January 11, 1996 last revised July 22,
1996 (one sheet), prepared by Ralph George Mastromonaco, P.E„
Consulting Engineer;
2. Wetlands Mitigation Plan,Proposed Subdivision at Hillandale Road,
Village of Rye Brook, Westchester Co.,N.Y., dated June 11, 1996, last
revised July 22, 1996 (one sheet, 2 of 3), prepared by Ralph George
Mastromonaco, P.E., Consulting Engineer; and
3. Standards/Special Details, Proposed Subdivision at Hillandale Road,
Village of Rye Brook, Westchester Co„N.Y., dated June 11, 1996 (one
sheet, 3 of 3),prepared by Ralph George Mastromonaco, P,E., Consulting
Engineer; and
WHEREAS, it is found that a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes, based on an evaluation of the present and
anticipated future needs for park and recreational facilities, including projected population growth to
which this subdivision will contribute, but, after assessing the size and suitability of land shown on the
subdivision plat which could be possible locations for park or recreational facilities, as well as practical
factors including whether there is a need for additional facilities in the immediate neighborhood, a suitable
park or parks of adequate size to meet the requirements cannot be properly located on the subdivision
plat, therefore, in lieu thereof a recreation fee shall be paid; and
0064195
August 13, 1996
WHEREAS,based upon a review of the environmental assessment form,public comments,
recommendations, and considering the nature of the application, which seeks approval to construct a
single family dwelling in a residential area,the proposed action is found to be an unlisted action under the
State Environmental Quality Review Act,which action will not have a significant adverse impact on the
environment and,therefore, a draft environmental impact statement will not be prepared.
NOW, THEREFORE, BE IT
RESOLVED,that the application of Michael Neuman for final plat and Wetlands Permit
approval, as shown on the plans identified above, is granted and the Mayor is authorized to sign the plat,
subject to the following conditions:
CONDITIONS TO BE COMPLETED BEFORE PLAT IS SIGNED
1. A recreation fee in the sum of$5,180 shall be paid to the Village prior to the signing of
the plat. If not paid within 90 days of adoption of this resolution, the recreation fee shall be determined in
accordance with the fee schedule in effect at the time the applicant requests the final plat be signed.
2. The plat shall be endorsed by the Westchester County Department of Health prior to the
signing of the plat, if required.
3. Prior to the signing of the plat, the final plat shall be revised satisfactory to the Building
Inspector to show the 'Permanent No Disturbance Line" relocated on the west side of the building on Lot
1 so that it runs parallel to Hillandale Road thirty feet east of the front property line and shall run north to
the location of the water line. In addition,the plat shall be revised to identify the common driveway and a
common driveway easement satisfactory to the Village Attorney shall be filed in the Office of the County
Clerk contemporaneously with the filing of the plat.
OTHER PLAT CONDITIONS
4. No fences shall be constructed on the lot lines along Hillandale Road or on any side of any
lot lines on the triangular "crows foot' adjacent to Hillandale Road.
5. The applicant shall submit five(5) copies of the final plat showing the endorsement of the
County Clerk,to the Building Inspector within 30 days after the filing of the plat.
6. The applicant shall furnish a copy of this final subdivision resolution to each purchaser of a
lot in the subdivision prior to the transfer of title and shall present verification to the Village Attorney in
the form of a receipt signed by the purchaser;
AND IT IS FURTHER RESOLVED,that this conditional final plat approval shall expire within
180 days after the date of adoption of this resolution unless all requirements stated in this resolution to be
completed prior to the signing the plat, are certified as completed,unless this approval is extended on
application to the Board of Trustees;
AND IT IS FURTHER RESOLVED,that the issuance of a Wetlands disturbance permit is
granted in accordance with the plans identified above, subject to the following conditions:
006 's
August 13, 1996
WETLANDS DISTURBANCE PERMIT CONDITIONS
1. A 100% cash bond in the sum determined by the Building Inspector shall be posted with
the Village to guarantee adherence to and completion of the erosion control measures and Wetlands
mitigation plan, prior to the conduct of any activities under the Wetlands disturbance permit.
2. Work conducted under the Wetlands disturbance permit shall be open to inspection at any
time,including weekends and holidays,by the Board of Trustees, the Advisory Council on Environmental
Conservation, or their designated representative.
3. The Wetlands disturbance permit shall expire one year after the date the plat is filed with
the County Clerk,unless extended by the Board of Trustees. In the event that this plat approval shall
expire,or the signed plat is not filed with the County Clerk within the time required by law, the Wetlands
disturbance permit shall also expire.
4. The permit bolder shall notify the Building Inspector,of the date on which the work is to
begin at least five(5)days in advance of such date.
5. The Wetlands disturbance permit shall be prominently displayed at the project site during
the undertaking of the activities authorized by the permit.
6. The size indicated on the wetland buffer enhancement planting legend shall be revised as
follows:
Red Osier Dogwood 30"-36"
Highbush Blueberry 30"-36"
Winterberry 30"-36"
7. Note 1 on the Wetland Migration Plan shall be revised to read as follows:
1. In conjunction with the additional enhancement planting, which will provide food
and cover for wildlife,the removal of invasive,non-native species shall also be
performed. These include Tree-of-Heaven,Japanese Honeysuckle, Japanese
Knotweed, invasive vines, Euonymous alatus, etc.
8. Note 2 on the Wetland Mitigation Plan shall be revised to read as follows:
2. Activities on Lot 1 are restricted by the Village Wetland Law after construction for
those areas within the 100 foot Wetland/Watercourse Buffer Area. The activities
proposed north of the "Permanent No Disturbance Line" are limited to lawn care
and recreational uses. South of the 'Permanent No Disturbance Line", closer to
the Watercourse,no activity, including clearing, grading,tree trimming or cutting
shall be allowed except in the case of emergencies as allowed under the Village
Wetland Law and the removal of invasive,non-native species as indicated in Note
1 above.
9. Note 3 shall be added to the Wetland Mitigation Plan and shall read as follows:
0061x;
August 13, 1996
3. All mitigation plantings outside of the haybale/silt fence sedimentation barrier shall
be done by hand,
10. The proposed planting shall be extended along the length of the revised 'Permanent No
Disturbance Line" that is parallel to Hillandale Road and that at least ten additional plants of the type and
size indicated on the revised enhancement planting legend shall be added to the plan.
11, The haybale silt fence sediment barrier shall be relocated to coincide with the edge of the
disturbance line,
TRUSTEE STRUM VOTING NO
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING NO
TRUSTEE PELLINO VOTING NO
MAYOR CRESENZI VOTING AYE
1. RESOLUTION CALLING FOR A PUBLIC HEARING ON A LOCAL LAW TO LIMIT
THE TYPES OF WASTE COLLECTED BY THE VILLAGE OF RYE BROOK.
Mayor Cresenzi returned to the first item on the Agenda, concerning the first Resolution calling for a
Public Hearing on a local law that would limit the types of waste collected by the Village of Rye Brook.
He referred to §1, Item B,regarding items listed under the Environmental Conservation Law and
discussion ensued to hone the passage of the proposed law. Attorney Powell in drafting the law had
included some of the items for the sake of clarity. Mr. Russo suggested the Board consolidate the list.
Trustee Tunis asked how the law is enforced regarding requirements to prevent homeowners from
putting out the trash until after 6 p.m. on the night before a pick up, or over the weekend. Chief Santoro
responded that mainly the Police patrol the thoroughfares. Trustee Tunis stated, "It seems that if you live
on a side street you could get away with it, but if you live on a thoroughfare you get caught. It's not
fair." Chief Santoro state that the Police Department primarily responds to complaints on these matters.
He stated that many people clean up their garages on the weekend or hire landscapers who would charge
to come back on the evening before a pick-up. Trustee Tunis suggested that there be one weekend a
month where trash could be left at the curb. Mayor Cresenzi stated that it could be discussed. Be noted
that for 14 years, whenever there is a holiday during the week, there is no trash pick-up. And, for 14
years people have been putting debris out at the curb anyway. He thought the broader issue to deal with
is how the Village can educate residents to comply with the rules and regulations.
The Board decided that there was no urgency to setting up a public hearing, so they agreed to continue
discussion on the agenda for the August 27, 1996 Meeting.
3. RESOLUTION AWARDING CONTRACT#9607 ENTITLED "CONTRACT#9607--
FURNISHING AND DELIVERING TWO (2) 1996 CHEVROLET CAPRICE POLICE
PACKAGE VEHICLES, OR EQUAL."
The Board questioned the reference in the Resolution to "or equal," Mr. Russo stated that the reference
was required by law. At the Board's request,the words, "two(2) Chevrolet Caprice Police Package
Vehicles"were added in the first Resolved clause. On the motion of Trustee Strum, seconded by Trustee
Zuckerman,the following Resolution was hereby adopted as amended:
®061,wi
August 13, 1996
RESOLUTION
AWARDING CONTRACT#9607
TWO (2) 1996 CHEVROLET CAPRICE
POLICE PACKAGE VEHICLES, OR EQUAL
WHEREAS,the Village of Rye Brook has solicited bid proposals for Contract#9607 entitled, "Two (2)
1996 Chevrolet Caprice Police Package Vehicles, or equal;"and
WHEREAS,a public notice was duly advertised on Friday, August 2, 1996, in the official newspaper of
the Village of Rye Brook; and
WHEREAS,on Friday, August 9, 1996 at 2 p.m.,the Village of Rye Brook publicly opened and read
two proposals; and
WHEREAS,the lowest responsible bidder is Warnock Motor Sales, Inc. of East Hanover, New Jersey at
the approximate bid price of$21,093.00 per vehicle, for a total approximate bid price of$42,186,00.
NOW, THEREFORE, BE IT
RESOLVED,that after review by our Village Administrator and Police Chief, Contract#9607 entitled,
"Two(2) 1996 Chevrolet Caprice Police Package Vehicles, or equal" be awarded to Warnock Motor
Sales, Inc., of East Hanover, New Jersey, for two (2) 1996 Chevrolet Caprice Police Package Vehicles at
the total approximate bid price of $42,186.00; and be it
FURTHER RESOLVED,that the Mayor is hereby authorized to execute said contract with Warnock
Motor Sales, Inc., of East Hanover,New Jersey, on behalf of the Village of Rye Brook.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO - VOTING AYE
MAYOR CRESENZI VOTING AYE
4. RESOLUTION APPOINTING RANDY SOLOMON TO THE ADVISORY COUNCIL ON
PARKS AND RECREATION.
On the motion of Trustee Pcllino, seconded by Trustee Zuckerman,the following Resolution was hereby
adopted:
RESOLUTION
APPOINTING RANDY SOLOMON TO THE VILLAGE OF RYE BROOK
ADVISORY COUNCIL ON PARKS AND RECREATION
TO REPLACE DAVID PONT.ERIO
RESOLVED, that Mr. Randy Solomon of 65 Valley Terrace is hereby appointed as a member of the Rye
Brook Advisory Council on Parks and Recreation replace David Ponterio, who resigned,to fill the
unexpired portion of Mr. Ponterio's three year term of office, which is scheduled to expire in April, 1997.
()0611,311.$
August 13, 1996
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
5. RESOLUTION DEDICATING CASTLE LANDING (THE RYE BROOK PORTION) A
PUBLIC STREET AND RIGHT-OF-WAY.
After discussion by the Board and agreement to amend the title and the body of the Resolution to include
the word"Road", on the motion of Trustee Zuckerman, seconded by Trustee Tunis,the following
Resolution was hereby adopted as amended:
RESOLUTION
ROAD DEDICATION -- CASTLE LANDING ROAD
RESOLVED,that so much of the road known as Castle Landing Road that is located in the Village of
Rye Brook, together with the improvements therein, as described in a title report of Lawyers Title
Insurance (Title No. 94W-044) as Parcel I, is accepted for dedication as a public right-of-way from
Larizza-- Capocci Construction Corporation subject to submission of a maintenance bond satisfactory to
the Village Administrator;removal of the existing pillars from the Village right-of-way and the delivery of
a deed and closing documents satisfactory to the Village Attorney.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
6. A BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $83,978.00 SERIAL
BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A
DUMP TRUCK PURSUANT TO THE NEW YORK STATE LOCAL FINANCE LAW.
The Board made a brief comment to amend the Resolution, to change the year for purchase in Section 2
of the Resolution from 1995 to 1996. On the motion made by Trustee Strum, seconded by Trustee
Pellino,the following Resolution was hereby adopted as amended:
RESOLUTION
BOND RESOLUTION AS AMENDED DATED AUGUST 13, 1996,AUTHORIZING THE
ISSUANCE OF $83,978 SERIAL BONDS OF THE VILLAGE OF RYE BROOK
TO FINANCE THE ACQUISITION OF A DUMP TRUCK PURSUANT TO
THE LOCAL FINANCE LAW OF NEW YORK
BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook New York as follows:
Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal
amount of$83,978 pursuant to the Local Finance Law of New York in order to finance the specific
object or purpose hereinafter described.
000.2 ]0
August 13, 1996
Section 2. The specific object or purpose (hereinafter referred to "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 1996:
the acquisition of a dump truck with a plow.
Section 3. The Board of Trustees has determined and hereby states that the estimated maximum
cost of such purpose is $83,978 and that it plans to finance such cost by the issuance of Serial Bonds
authorized by this resolution, and except as hereinbefore stated,no monies have been authorized to be
applied for the financing of such purpose.
Section 4. The Board of Trustees hereby determines:
(a) that the purpose for which said bonds are to be issued is set forth in subdivision 28 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) the proposed maturity of the Serial Bonds hereby authorized is not in excess of five(5)
years; and
(c) no part of the cost of the purpose authorized by this resolution has been or shall be
specifically assessed on property specially benefitted thereby.
Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and
pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to
authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this
resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond
anticipation 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 in Section
81.00 of said Local Finance Law and such publication shall be in the Westmore News, a newspaper
having a general circulation in said Village, and published in the County of Westchester and State of New
York. The validity of said Serial Bonds or of 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.
006201
August 13, 1996
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
7. A LOCAL LAW FOR REFERRAL TO THE PLANNING BOARD ENTITLED,"A
LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE
BROOK,ZONING, FOR THE PURPOSE OF REGULATING CHILD CARE USES."
A member of the Board asked about Child Care in residential homes and whether there is a list of those
homes in the Village. Christian Miller stated that depending on the type of operation,the home(s) which
are pre-existing are protected by State Social Services law, Half an acre would be for a Child Care
Center, which would be a larger operation. The Zoning Update Committee felt that adequate space was
needed to accommodate child play areas and on-site cuing(of cars). It was agreed upon that a half acre
'for Child Day Care was reasonable, since a half acre is the current requirement for Nursery Schools.
Trustee Zuckerman asked how much of this law is preempted by the State Social Services Law. "Why
are we doing this (enacting this law)? Can we regulate zoning for Child Day Care operations that handle
less than twelve children?" Mr. Miller responded, "Yes." The distinction was made that a Child Day
Care Center is primarily a home-based operation, and that the Board cannot regulate a home based Child
Day Care operation with less than twelve children. Trustee Zuckerman stated that he'd rather not
regulate them at all. Trustee Pellino commented that supposing a Day Care Center was to open in say in
Royal Executive Park for 5-10 children, then the Village would be able to have some latitude. Mr. Miller
stated that we have to clarify the regulations with regard to the home-based Child Care businesses.
The Social Services had contacted Mr. Miller and stated its goal to have home based care for children.
The intent here is to clarify the difference between a Nursery School and a Child Day Care Center.
On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following Resolution was hereby
adopted as amended: -
RESOLUTION
REFERRAL TO THE PLANNING BOARD
A LOCAL LAW AMENDING CHAPTER 250
OF THE CODE OF THE VILLAGE OF RYE BROOK, ZONING
FOR THE PURPOSE OF REGULATING CHILD CARE USES
RESOLVED,that the proposed local law amending Chapter 250 of the Code of the Village of Rye
Brook, Zoning for the purpose of Regulating Child Care Uses is hereby referred to the Planning Board
for their review and recommendation.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
006202
August 13, 1996
8. RESOLUTION ADOPTING A NEGATIVE ENVIRONMENTAL DECLARATION
RELATED TO THE PROPOSED IMPROVEMENTS TO RYE HILLS PARK.
On the Motion made by Trustee Pellino, seconded by Trustee Tunis,the following Resolution was hereby
adopted:
RESOLUTION
RYE HILLS PARK REHABILITATION
SEQR NEGATIVE DECLARATION
RESOLVED,that the accompanying negative declaration under the New York State Environmental
Quality Review Act is adopted for the Rye Hills Park Rehabilitation.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
9. RESOLUTION AUTHORIZING AN AGREEMENT WITH PSC ENGINEERING FOR
THE PREPARATION OF A BID SPECIFICATION ON THE SIGNALIZATION OF THE
RIDGE STREET AND BOWMAN AVENUE INTERSECTION.
After some discussion on the signalization of the intersection of Bowman and Ridge interchange to
permit school children to cross, it was determined that a limit should be set on the contract amount and
include a cap of$2,240 in the Resolution. On the Motion made by Trustee Zuckerman, seconded by
Trustee Pellino, the following Resolution was hereby adopted as amended:
RESOLUTION
AGREEMENT WITH PSC ENGINEERING
FOR PREPARATION OF BID SPECIFICATIONS
-- FOR A PEDESTRIAN CROSSING SIGNAL
BOWMAN AVENUE AT SOUTH RIDGE STREET
RESOLVED,that the Village of Rye Brook is authorized to enter into an agreement with PSC
Engineering for traffic control design services and consultation with regard to improving the traffic
signals at the intersection of Bowman Avenue and South Ridge Street; and be it
FURTHER RESOLVED,that the Mayor is authorized to execute all documents necessary and/or
appropriate to accomplish the purposes of this Resolution; and be it
FURTHER RESOLVED,that the amount of this proposal shall not exceed$2,240,00,
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
006203
August 13, 1996
10. CHECK REGISTER.
Some discussion took place on the fact that the Village had paid a private environmental testing firm,
First Environment, to perform follow-up testing on the mercury-contaminated site on Hillandale Road. A
Board member asked whether the EPA had been notified that more clean-up is necessary. Mr. Russo
stated that notification had gone out. A question was raised as to whether the Village could charge EPA
for our testing costs, and Mr.Russo stated that while the Village had no answer yet, but the Village had
contacted Congresswoman Lowey's Office on the matter.
On the Motion of Trustee Strum, seconded by Trustee Pellino 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:
On-Line Checks: 14525-14610
Pre Paid: NONE
Payroll Checks: 20108-20198
Environmental: 125
Capital: NONE
Capital Pre Paid: NONE
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
On the Motion made by Trustee Strum, seconded by Trustee Zuckerman, 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 and
have been reviewed by the Village Administrator:
006204
August 13, 1996
Friends of Rye Brook, Inc. 119-120
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 authorized payment thereof.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
It. PROPOSAL TO PREPARE SPECIFICATIONS ON A SECURITY/CARD-KEY SYSTEM
AT THE NEW VILLAGE HALL.
,Mr. Russo explained a proposal on the Agenda concerning a Card Security System for the new Village
Hall from Geo Electronics to lay out and relocate the security cameras within the facility along with any
additional cameras necessary. He stated the company is well respected across the County. Mr. Russo
explained that the Village felt that we could use his services both for preparing specifications and bidding
out the Card Security System. Mr. Russo stated, "At this time, we could approve going forward with it
or put it on the agenda for the next meeting. Mr. Shook would do the bid specification and proposal for a
maximum of one thousand seven hundred and twenty five dollars ($1,725) for both systems." Mr. Russo
requested a motion for authorization, which was approved by the Board as follows:
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
12. LOCAL LAW ENACTING SPRINKLER REQUIREMENTS.
The Board discussed a Local Law enacting requirements across the Village for Fire Sprinklers. Mr.
Russo stated that the proposed law was drafted by the Village Attorney based on a law currently on the
books in New Rochelle. Some discussion centered on the fact that the New York State Division of
Housing and Community Renewal would have to review the law before it could be officially enacted
because it affects the New York Uniform Building and Fire Code, Some of the areas the Board found
necessary to focus on include whether this law would apply to all residential housing, including single
family homes, and to what extent it would apply to renovations and rehabilitations of existing housing.
The point was that the Board wants to initiate this process, and should schedule a work session.
Mayor Cresenzi agreed with Administrator Russo, and an early Work Session was scheduled for the
September 10, 1996,Meeting of the Board of Trustees to discuss the Fire Sprinkler Law.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
UOb 0011
August 13, 1996
14. RESOLUTION AUTHORIZING AN AGREEMENT WITH WESTCHESTER COUNTY
FOR URBAN COUNTY PROGRAM FUNDING FOR GARIBALDI PARK
IMPROVEMENTS.
After some discussion by the Board it was determined that the $29,230 was to come from the Parks Trust
in Agency account. On the motion of Trustee Strum, seconded by Trustee Tunis, the following
Resolution was hereby adopted from the Discussion portion of the Agenda:
RESOLUTION
AUTHORIZING AN AGREEMENT WITH
WESTCHESTER COUNTY FOR
URBAN COUNTY PROGRAM FUNDING
FOR GARIBALDI PARK IMPROVEMENTS
WHEREAS,the Village of Rye Brook has planned for improvements to Garibaldi Park to include new
play equipment, landscaping and other improvements to bring the park into compliance with Americans
with Disabilities Act(ADA) standards; and
WHEREAS,the Village of Rye Brook is a member of the Urban County consortium with Westchester
County and has applied to Westchester County for funding under the Federal Housing and Community
Development Act of 1974 to defray costs of Garibaldi Park improvements; and
WHEREAS, Westchester County has awarded seventy thousand three hundred and eighty-three
($70,383.00) to the Village of Rye Brook for this purpose with Rye Brook to provide twenty-nine
thousand two hundred and thirty dollars($29,230.00) in matching funds and seven hundred and seventy
dollars ($770.00) of in-kind services.
NOW, THEREFORE BE IT
RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with Westchester
County for the period of August 15, 1996, to August 15, 1997, for the County to provide funding of
$70,383 under the Federal-Housing and Community Development Act of 1974 for improvements to
Garibaldi Park; and be it
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
MINUTES:
15. JANUARY 9, 1996
16. MARCH 26, 1996
17. APRIL 9, 1996
On the motion of Trustee Strum, seconded by Trustee Zuckerman,the meeting minutes were approved.
006206
August 13, 1996
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE (on 1/9 & 3/26. Mrs. Tunis abstained
TRUSTEE ZUCKERMAN VOTING AYE on 4/9/96 Minutes due to her absence).
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
WRITTEN COMMUNICATIONS:
18. MAYOR EDWARD DUNN, CITY OF RYE,REQUESTING THAT THE SCOPE FOR K
&M REALTY'S BOWMAN AVENUE PROJECT BE EXPANDED.
Mr.Russo read a letter from Rye City Mayor Dunn on behalf of the City Council,Planning
Commissioner and the residents of Rye thanking the Rye Brook Trustees for their ongoing considerations
regarding the K& M Development project on Bowman Avenue. Mayor Dunn mentioned a few points in
the Scope that should be clarified and expanded. He noted that these items had been forwarded to F.P.
Clark&Associates for inclusion in the Final Draft.
19. MAUREEN FORESTER, CHAIRMAN,TWIG HOLIDAY FAIR COMMITTEE
REQUESTING PERMISSION TO POST A SIGN IN FRONT OF 90 SOUTH RIDGE
STREET TO PUBLICIZE UNITED HOSPITAL'S 1996 TWIG HOLIDAY FAIR IN
NOVEMBER.
The request for the Twig Fair sign was discussed briefly. The sign would be set up November 1, 1996,
and removed on or before November 11, 1996, at 90 S. Ridge St., which was agreeable to the landlord
and the Board approved the request.
The Mayor opened the floor to comments. A refined plan was distributed for the West& Grant Senior
Housing. Also, a celebrity softball game flyer was distributed. Mr. Kenneth Heller raised concerns on
the Bowman Avenue improvements with regard to road closings, noting that this project is a two-part
project that is to be completed by 1997-98. He said the schools are concerned about the decision to close
the road. Mayor Cresenzi said the County had assured the Village that work would finish before school.
Ms. Donna Sherry read a letter thanking the Village and the Board for their authorization for her group
of children with handicaps, such as Cerebral Palsy, to use the Posillipo Center. She requested use of the
facility through the fall and winter on Tuesday and Thursday late afternoons. Mr. Russo stated that the
Village would agree to her request,and that the Board was considering a limited fee for her group to
continue its use of the facility for the two afternoon per week program.
An issue was discussed regarding the firefighters performing physical training during the day. Fire Chief
McCluskey spoke on the matter, stating that the firefighters were playing basketball in the community and
invited those interested to come down and join in.
There being no further business,the meeting was adjourned at 9:10 p.m.
Respectfully submitted,
Christo er J. usso
Village Administrator/Clerk