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HomeMy WebLinkAbout1996-09-10 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING AND WORK SESSION SEPTEMBER 10, 1996 6:30 P.M. -- WORK SESSION PLEDGE OF ALLEGIANCE WORK SESSION: 1. A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF RYE BROOK WITH REGARD TO FIRE SPRINKLER SYSTEM REQUIREMENTS. 7:30 P.M. -- AGENDA MEETING PUBLIC HEARING: 2. A LOCAL LAW CREATING A FIRE DEPARTMENT WITHIN THE VILLAGE OF RYE BROOK. RESOLUTIONS: 3. A RESOLUTION ADOPTING LOCAL LAW #2-1996 CREATING A RYE BROOK FIRE DEPARTMENT. 4. A RESOLUTION AUTHORIZING THE AWARD OF CONTRACT# 9606 ENTITLED "GARHIALDI PARK IMPROVEMENT PROJECT" TO ASCAPE LANDSCAPING. 5. CHECK REGISTERS. WRITTEN COMMUNICATIONS: 6. DIRECTOR OF COMMUNITY DEVELOPMENT NORMA DRUMMOND,WESTCHESTER COUNTY PLANNING DEPT.: OFFICIAL NOTIFICATION TO RYE BROOK OF THE $51,383 FUNDING AWARD FOR THE GARIBALDI PARK PROJECT. 7. MR. KEN BERMAN, CO-CHAIR, BIRTHDAY COMMITTEE: REQUESTING AGENDA SPACE IN OCTOBER OR NOVEMBER TO PRESENT A REPORT TO THE VILLAGE BOARD. ITEMS FOR NEXT MEETING--SEPTEMBER 24, 199 PUBLIC HEARING: 1. A LOCAL LAW,AS AMENDED, TO LIMIT THE TYPES OF WASTE COLLECTED BY THE VILLAGE OF RYE BROOK. RESOLUTIONS: 2. A RESOLUTION ADOPTING LOCAL LAW #3-1996 TO LIMIT THE TYPES OF WASTE COLLECTED BY THE VILLAGE. NEXT MEETING DATES: REGULAR MEETING-- TUESDAY, SEPTEMBER 24, 1996 AGENDA MEETING-- TUESDAY, OCTOBER 8, 1996 0062`. 8 MINUTES OF AN AGENDA MEETING AND A WORK SESSION VILLAGE OF RYE BROOK BOARD OF TRUSTEES SEPTEMBER 10, 1996 6:30 P.M. CONVENE MEETING The Meeting was called to order at 6:39 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 Building Inspector Vincenzo Tamburro Fire Chief William Dee McCluskey WORK SESSION: 1. A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF RYE BROOK WITH REGARD TO FIRE SPRINKLER SYSTEM REQUIREMENTS: Mayor Cresenzi announced that the Building Inspector, Vincenzo Tamburro would make the presentation on the proposed local law. Mr. Tamburro began his presentation with some facts about fire sprinkler laws. He stated that many municipalities in Westchester County currently have a fire sprinkler ordinance. He told the Board that presently fire sprinkler systems are required in certain circumstances only and are not required throughout a whole building as a standard. He said if the Village of Rye Brook decided to enact a fire sprinkler ordinance, the requirements would incorporate all buildings including one and two family buildings, multi-family buildings and commercial buildings. He mentioned that fire sprinklers are designed to minimize damage in fire emergencies. He explained that fire sprinklers should be designed in accordance with the New York State Building Code and National Fire Protection Agency standards. Mr. Tamburro estimated costs associated with the installation of fire sprinklers in residential buildings to be approximately between $5,000.00 and $7,000.00. He mentioned that the fire sprinklers also would have to meet the New York State Health requirements for the water companies to protect their water systems and prevent possible contaminations by the installation of back-flow preventers. The back flow preventer should be tested once per year in accordance with New York State Health Department requirements. Mr. Tamburro reported that if the local law is passed, it would not only go through normal procedure of adopting it, but it would have to be submitted to the New York State Code Council for review and interpretation under the Building Code. This is required anytime a municipality wishes to enact laws stricter than the New York State Building Code. 006219 September 10, 1996 Trustee Strum mentioned that the proposed local law states that existing buildings have to comply once they make an improvement. Mr. Tamburro explained that an existing home would have to comply if they made an addition of 30 percent or more. Administrator Russo stated that the section of the proposed law on existing structures would require a policy decision of the Board as to whether to extend the requirements to cover existing structures. Trustee Pellino reported that his copy of the proposed law did not specifically state that it applied to single-family residences. Mr. Tamburro stated that the language of the proposed law should be revised to reflect the inclusion of single-family buildings if the Board so desires. Mayor Cresenzi suggested that the proposed law exclude any requirement on existing one and two-family buildings. The requirement should only pertain to commercial buildings, alterations, additions and new construction of one and two-family buildings. The rest of the Board members agreed. Mr. Tamburro remembered an alteration to a home where 80 percent of it was demolished and reconstructed. He felt that it should be required in that case. Mayor Cresenzi said if that were to happen, that construction would be excluded if the Board opted to omit alterations on existing one and two-family buildings. Administrator Russo reported that language in the code covers the replacement of a large percentage of an existing home, and that it should be researched to help the Board decide on this proposed local law. Trustee Strum touched on the issue of periodic testing of the back-flow preventer. Mr. Tamburro said that the mandated testing would be enforced by either the state or the Fire Department. Mayor Cresenzi asked Fire Chief McCluskey to comment on how beneficial a fire sprinkler system would be in life saving in a fire emergency. Fire Chief McCluskey stated that in Scottsdale, Arizona, in 1984 a "zero clearance" sprinkler ordinance was enacted for a community of 185 square miles. "Zero clearance" means that every residential structure was equipped with a fire sprinkler system. He reported that in a ten year period, a dramatic, documentable amount of lives were saved as a result of the sprinklers. He reported that it allowed the Fire Department to make a greater differences in fire protection because the sprinkler enabled the Fire Department to come in and finish what the system was unable to do. It is very important to the Fire Department and they very much support this proposed local law. A representative of the New York American Water Company came forward and stated that the water company is responsible for the inspection program of the cross connections. He reported that the water company sends an inspector out to inspect each back-flow prevention device. The water company ensures that there is a back-flow prevention device, usually a double check-valve arrangement, with a small meter which indicates when there has been usage through the fire sprinkler system. Mayor Cresenzi asked for further comments on the fire sprinkler law. Since there were none, he closed the public work session at 7:05 p.m. PUBLIC HEARING: 2. A LOCAL LAW CREATING A FIRE DEPARTMENT WITHIN THE VILLAGE OF RYE BROOK. Mayor Cresenzi convened the public hearing. He stated that the Village Attorney, Kenneth Powell, wished to make a brief statement. Attorney Powell announced that the legislation for public hearing was prepared following a decision of the Westchester Supreme Court rendered on August 13, 1996. The court held that a local law adopted previously and the previous fire protection contract with Rural/Metro Fire Department, Inc. were invalid for certain procedural reasons. This local law addresses several of those procedural issues. 2 006220 September 10, 1996 Village Attorney Powell explained that the Board's proposing this local law does not mean that Rye Brook fully agrees with the Judge's rulings. It should be noted that both the Westchester Supreme Court in its recent decision, and the Office of Legal Counsel of the New York Secretary of State's Office have concluded that Rye Brook has the home rule authority to pass legislation enabling the Village to enter into a fire contract with a for-profit business corporation. Village Attorney Powell explained the following sections of the proposed local law creating the Rye Brook fire Department: • Section 31-1 of the local law establishes the fire department to serve Rye Brook's needs; • Section 31-2 amends Article 10 of the Village Law to provide for contractual services including the services of a for-profit corporation which may be part of the Rye Brook Fire Department in addition to other staffing methods; • Section 31-3 provides that professional career fire fighters would be in charge of apparatus and fire suppression activities; • Section 31-4 provides that the Village Law [Section 4-412 (3) (9) (A)] is amended to add a for- profit corporation to the list of entities with which the Village may contract with for fire protection; and • Section 31-5 provides for a permissive referendum. He said the record should reflect that this public hearing is not the first public hearing held by the Village on this subject. Rye Brook has held numerous public hearings on this subject, which lasted many hours. Mayor Cresenzi opened the floor to comment on the proposed local law establishing the fire department. Ms. Pearl Friedman, 4 Old Oak Road, felt that Rye Brook residents should have been notified before the fire protection contract was approved. Mr. Robert Schwartz, 44 Avon Circle, stated that the Village has a three year contract with the current fire department. He brought up that the Village has been looking to build a Rye Brook firehouse and added that the current contract should be for a longer period of time because it will be very expensive to build a firehouse. By the time it gets built, the three years will be up. Mr. Arthur Stern, 11 Bonwit Road, asked if the Board had already decided that a new firehouse is a necessity. Mayor Cresenzi reported that the Village believed in the need for a firehouse regardless of whether the Village retained Port Chester's fire department or started its own. Mr. Stern asked if the Rye Brook public had any input on the Board's decision. Mayor Cresenzi explained that the final decision was the Board's, and it was made based on facts with respect to development in the community and a need to service the northern end of the Village. Trustee Pellino added that the decision was also based on a professional fire fighting study that was done for the Village in 1992. Mr. Stern asked if the public was invited to join in at the meetings. Mayor Cresenzi said that there had been at least 13 hours of public meetings in which the public had participated and numerous newsletters had been sent to each residence. Mr. Stern felt that the previous fire service was adequate. He did not remember in the 30 years of his residency in Rye Brook, any homes burning down. He did not understand why Rye Brook wants its own service, which is a major expense. Mayor Cresenzi said that the new fire service is not more expensive than the previous arrangement. He added that the Village Board always saw the need to construct a firehouse. Therefore, the expense would have been incurred anyway. Trustee Tunis explained the safety benefits of Rye Brook having its own fire service. 3 006221 September 10, 1996 Mr. Milton Meisken, 53 Country Ridge Circle, said that most Rye Brook residents essentially made a decision when they moved to Rye Brook that it is better to own than to rent. He reported that ever since its formation, Rye Brook had paid Port Chester a total of about 6.5 million dollars for fire services. He conveyed that when Rye Brook asked Port Chester what the money was being used for, the answer from Port Chester was simply, "For fire service." Rye Brook then questioned Port Chester as to why-Rye Brook did not get the opportunity to buy some of the fire trucks at its own expense to receive some equity and Port Chester had no response. He added that Rye Brook informed Port Chester that there would be future development in the northern area of Rye Brook, and asked how long it would take a fire truck to get from the closest Port Chester firehouse to the furthest extreme of Rye Brook. The response of some Port Chester firemen was, "It takes too long." Therefore, around 1983 or 1984, Rye Brook purchased two and one-half acres of land to build a future firehouse with the intention of supplying fire service to the future development in the northern section of Rye Brook. Mr. Meisken commented that since then, there has been substantial development and more land remains available for development. The need for a firehouse to service that area is definite and Port Chester refused to help Rye Brook man a fire station in the northern section. He finished his comments by asking, "Is it better to own than to rent?" with respect to fire service. He concluded that the answer is, "Yes." Mayor Cresenzi asked if anyone else wished to comment. Mr. Paul Cregan, 17 Wyman Street, North, approached the Board. He reported that the Village Board has adequately, in the last 7 months, succeeded in making the split between Rye Brook and Port Chester. "The Port Chester Fire Department most probably will not be coming back to Rye Brook." He suggested that everyone should stop their negative comments about the Port Chester Fire Department because that is over and done with. He added that it is a real tragedy because one often does not get dedicated people, who are dedicated to servicing a community and who are willing come out at any time, day or night, like the Port Chester Fire Department. He reported that he felt that the Port Chester Fire Department did its part to try to mend the fences between each side. Mr. Cregan stated that there still is a pending judgement with respect to the lawsuit and questioned the legality of tonight's meeting. He stated that the only remaining issue, in his opinion, is safety which has been his only issue throughout the whole process. He told the Board that he was sure Chief McCluskey would have a smiling answer for any question. He also commented that Rural/Metro is excellent at public relations. He stated, "No doubt about it, they're the best, but when it comes to fighting fires, I object to the idea that Rural/Metro, with their present fire service contract, can be seen as an adequate firefighting force. Obviously, there are many people in the audience who support Rural/Metro my speaking here is like preaching to the deaf. Somewhere along the line, unfortunately, I will back before this board to say I told you so." Mayor Cresenzi commented that the issue of safety is something the Rye Brook Board of Trustees put a great deal of time and thought into. He added that the fire service being provided by Rural/Metro is excellent and that Rye Brook had an extensive study performed of the Rye Brook Fire Department. The study concluded that the Rye Brook Fire Department is an excellent fire department. Trustee Tunis commented on the fire study, explaining that it was not only commissioned by the Rye Brook Trustees, but by a large corporate developer who requested assurance of the quality of Rural/ Metro's services. She added that the Village hired an independent consultant for an impartial study. Mr. Cregan conveyed that in some fires, there are losses. He reported that some fire departments are known to be"foundation savers," but Port Chester is not. He claimed, "It is a fact that one has to go into a fire with water and as many resources as possible to overcome it." He conveyed that he had observed 4 006222' September 10, 1996 Rural/Metro at a few fire alarms and reported from his observance that in the event of a fire, there would be the unnecessary loss of a building. He added, "No member of the Board of Trustees has any fire fighting experience, so how can you make the decision on what fire company is the safest?" He added that the Board of Trustees' forte is negotiating contracts and at this point, they have failed at this attempt to negotiate a fire contract. Mayor Cresenzi asked if anyone else wished to comment. Rini Fiedler, 149 Brushhollow Crescent, commented on the previous speaker who predicted a major tragedy. She conveyed that comment was inappropriate and wanted that gentleman to give the Village a guarantee for the future that the Port Chester Fire Department would not have a tragedy. Mr. Cregan replied, "I don't believe that is possible." Ms. Joan Gallagher of Rye Brook came forward and stated that she understood that Port Chester wanted to bill Rye Brook according to property valuations. She asked why the Village of Rye Brook rejected that method of billing. Mayor Cresenzi replied that a representative of New York State informed the Rye Brook Board that assessed value is one method used in many areas of the State. However, it is not the only method that can be used and basically one could arrive at any formula through negotiations. Mayor Cresenzi explained the Village's opposition to using the assessed value method is because Rye Brook consists of only one-third of the population, but was paying approximately half of the fire budget. "Rye Brook felt that was excessive." Ms. Gallagher thought that the assessed value formula was fair. Mayor Cresenzi explained that it was fair to Port Chester because Rye Brook's rate of payment each year was rising while Port Chester's contribution to the fire budget was declining. Ms. Gallagher asked about Rural/Metro's rate of increase per year. Mayor Cresenzi reported that with Port Chester, Rye Brook never knew what the cost for fire service would be from year to year and many times Rye Brook found out only after Port Chester adopted a budget. "With the current contract, Rye Brook knows what the cost will be for the next three years." Mayor Cresenzi explained that the Village Board had planned for the expense of building a Rye Brook fire house. Mayor Cresenzi reported that Rye Brook is currently paying Rural/Metro $755,000 per year. Mayor Cresenzi explained that the Board has no projections of the cost to construct a new fire house. He added that at this time, the Village is still having its Facilities Committee review site locations. He mentioned that cost would have been a factor to the Village whether Rye Brook stayed with Port Chester or went on its own. Ms. Gallagher expressed that she could not understand why Port Chester and Rye Brook do not get along. Mayor Cresenzi expressed what took place over the years beginning in 1982 and 1983 was that the Village of Rye Brook's questions directed at Port Chester were continually left unanswered. Rye Brook asked its monies were being spent and received answers from Port Chester like, "Just sign the contract and it will be discussed later." The Mayor stated that "later" never came until the next year when the contract came up for re-negotiation. Mayor Cresenzi communicated that Rye Brook suggested a formula based on population, usage and partially on assessed value. Rye Brook all along wished only to know what expenses would be from year to year. He explained that the way Port Chester handled it in the past always subjected Rye Brook to surprises when and if large increases were requested. He said that since he became Mayor in 1988, Rye Brook had tried many times to negotiate a fair fire formula with Port Chester to no avail. Trustee Zuckerman brought up previous discussions with Port Chester on the use of some type of formula. He reported that when fire costs were discussed, Port Chester claimed that the fire budget was 1.5 million dollars and Rye Brook should pay close to 50 percent. He conveyed that in one year Rye Brook's fire cost increased by 40 percent. In actuality, the Port Chester fire budget was under$900,000 5 606223 September 10, 1996 and Rye Brook's cost was $700,000, which is much higher than 50 percent. The reason that Rye Brook was paying such a large portion of the Port Chester fire budget was because the money was paying for Administrative costs such as the Village Manager's salary, the Village Attorney's salary and capital costs. He explained that Rye Brook found that unfair and too expensive. Trustee Pellino explained that while ending the agreement with Port Chester was unfortunate, the Rye Brook Board of Trustees have a duty to protect the fiduciary interests of Rye Brook residents. Mayor Cresenzi explained the procedure for adopting this local law. "First the Board of Trustees has to take action on it, then it becomes subject to permissive referendum which allows residents of the Village who feel that the Board made a mistake to have legal recourse through a petition process. The Board feels confident that it has made the right decision and we are willing to stand by our decision." Ms. Gallagher interjected that it is very hard to determine whether there is more to this procedure than what has been stated. She reiterated that the two Villages should remain together even so far as to create a fire district. Trustee Pellino brought up a past joint meeting which included a presentation of an attorney who specialized in fire district legislation (brought in by the Port Chester Fire Department). The attorney concluded that a fire district between the Villages as they are presently constituted would be illegal because a fire district cannot exist between two Villages with no unincorporated, contiguous area. Administrator Russo raised the issue of a response from Mayor Cresenzi to Dr. Colletti, Superintendent of the Port Chester Schools, on his request for permission to negotiate for a special mutual aid agreement between Rye Brook and Port Chester for protection of the schools. He read: "Dear Dr. Colletti: Thank you for your letter dated July 25, 1996, regarding,fire protection services. Regrettably, Port Chester's position against cooperating with Rye Brook on Fire Mutual Aid Planning appears to remain unchanged. Any improvements in this situation will depend largely on the Village of Port Chester. We consider the fire protection services currently being provided to be excellent, but like all municipalities in Westchester County, we are always interested in expanding Mutual Aid. We understand the Mayor of Port Chester's concerns as expressed in her letter to you on July 15, 1996 with regard to the safety of the Port Chester children attending public schools that are In Rye Brook. We on the other hand, are concerned with the safety of all residents of both Villages. Our position has been that we wish to pursue a Mutual Aid Agreement between Rye Brook and Port Chester,for both communities. Port Chester has not been willing to cooperate. ff you believe that you can be of assistance in this regard, please consider doing so. We welcome your assistance in negotiating an appropriate Mutual Aid Agreement covering all areas of both Villages. In order to facilitate discussions, Rye Brook has designated the Village Administrator, Christopher J. Russo, to participate in discussions. He will act as the intermediary,for the Village Board on any proposed agreements for Rye Brook's review and consideration. Thank you, once again for your letter. Sincerely, Mayor Salvatore M. Cresenzi. " Trustee Zuckerman stated that this meeting should determine whether Rye Brook should have such a law as the one being proposed because without it, Rye Brook will not be able to have any fire service at all. He explained that the adoption of the law will allow Rye Brook to have an option when dealing with providing fire service for the Village. 6 000224 September 10, 1996 The Mayor asked if anyone else had any comments. Mr. Walter Niles, 101 Country Ridge Drive, approached the Board and informed then that he has lived in his home in Rye Brook for 40 years. He had polled the people in the area where he lives to get their feelings on the Board's decision on fire services for the Village. The result of his survey was that most people supported what the Village Board had decided to do unless they had ties with the Port Chester Fire Department. Mr. Niles added that the Village Board had done everything in its power to receive the best fire service at the best price available. The Mayor asked if anyone else wished to comment on the matter. Hearing no response, the Mayor asked for a motion to close the Public Hearing. The Village Board unanimously agreed to close the public hearing at 8:30 p.m. The Mayor announced that the Board would take a 10 minute recess. After the recess, the Mayor asked Administrator Russo to read the resolution: RESOLUTIONS: 3. A RESOLUTION ADOPTING LOCAL LAW #2-1996 CREATING A RYE BROOK FIRE DEPARTMENT: On the motion of Trustee Pcllino, seconded by Trustee Strum, the following resolution was hereby adopted: RESOLUTION ADOPTING LOCAL LAW ESTABLISHING THE RYE BROOK FIRE DEPARTMENT WHEREAS, on December 21, 1995, the Village of Rye Brook adopted Local Law 4-1995 establishing the Rye Brook Fire Department and authorized a fire protection contract with Rural/Metro Fire Department, Inc.; and WHEREAS, in a decision of the Westchester Supreme Court dated August 13, 1996, the Court found Local Law 4-1995 and this fire protection contract to be invalid on procedural grounds, but also expressly ruled that: "Pursuant to Municipal Home Rule Law § 10 (1) (ii) (e) (3) a Village Board of Trustees may, subject to permissive referendum, enact a local law amending the Village Law to include private, for profit corporations as an entity with which the Board may contract for the provision of fire protection services;" and WHEREAS, on September 10, 1996 the Board of Trustees conducted a public hearing on a local law establishing the Rye Brook Fire Department after due notice, without prejudice to all prior proceedings. NOW, THEREFORE, BE IT RESOLVED,that the accompanying negative environmental declaration is adopted; and it is 7 0062`?5 September 10, 1996 FURTHER RESOLVED,that Local Law#2-1996 establishing the Rye Brook Fire Department and amending Village Law § 10-1000 and Village Law § 4-412 (3) (9) (a) in their application to the Village of Rye Brook in relation to powers and duties and to include a private, for profit corporation as an entity with which the Village may contract for fire protection services, is adopted and enacted, subject to a permissive referendum as provided by law. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4. A RESOLUTION AUTHORIZING THE AWARD OF CONTRACT # 9606 ENTITLED "GARIBALDI PARK IMPROVEMENT PROJECT" TO ASCAPE LANDSCAPING: Trustee Zuckerman asked if item#6 on the agenda was related to this agenda item. Administrator Russo explained that Item#6 was a communication on the additional funding that the Village has requested from Westchester County. The letter was notifying the Village of the funding award for the Garibaldi Park Project. Mr. Mario Nardi asked the Board about the actual project cost because of Agenda Item #6. Administrator Russo expressed that the Village had been approved to receive funding from a prior year's grant to makeup the difference between the $51,000 and the $70,000. Administrator Russo reported that the Village had already received the approval letter from the County. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AWARDING CONTRACT#9606 GARIBALDI PARK AND PLAYGROUND IMPROVEMENT PROJECT WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract#9606 entitled, "Garibaldi Park and Playground Improvement Project;" and WHEREAS, a public notice was duly advertised on Tuesday, July 30,1996, in the official newspaper of the Village of Rye Brook; and WHEREAS, on Monday, August 19, 1996 at 2 p.m., the Village of Rye Brook publicly opened and read eight (8) proposals; and WHEREAS, the lowest responsible bidder is Ascape Landscape and Construction Corp. of New City, New York at the approximate bid price of$82,435.38 for the lump sum cost of improvements for Garibaldi Park; and WHEREAS, the Village also has received the executed contract with Westchester County for Federal Community Development Block Grant (CDBG) Urban County Funding in the amount of$70,383 for this project, with the complement of the funding to come from the Village. 8 006226 September 10, 1996 NOW, THEREFORE, BE IT RESOLVED, that upon review by our Village Administrator and our Architectural Consultant Hudson and Pacific Design, Landscape Architects, Contract #9606 entitled, "Garibaldi Park and Playground Improvement Project" is awarded to Ascape Landscape and Construction Corp. of New City, New York, at the total approximate bid price of $82,435.38; and be it FURTHER RESOLVED,that the Mayor is hereby authorized to execute said contract with Ascape Landscape and Construction Corp. of New City, New York, 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 5. CHECK REGISTERS: Trustee Zuckerman requested an explanation on one item regarding the payment to Port Chester Fire Department. Administrator Russo pointed out that the payment is for a program for retarded individuals that Rye Brook was involved in which is run by Port Chester. He explained that Rye Brook has a number of citizens who are a part of the program. On the Motion of Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted as amended: 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: 14726-14789 Payroll Checks: 20499-20586 Environmental: 133 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 9 00622` September 10, 1996 On the Motion made by Trustee Zuckerman, 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 and have been reviewed by the Village Administrator: Friends of Rye Brook, Inc. 122-123 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 WRITTEN COMMUNICATIONS: 6. DIRECTOR OF COMMUNITY DEVELOPMENT NORMA DRUMMOND, WESTCHESTER COUNTY PLANNING DEPT.: OFFICIAL NOTIFICATION TO RYE BROOK OF THE $51.383 FUNDING AWARD FOR THE GARIBALDI PARK_ PROJECT: Mayor Cresenzi announced that the Board would discuss this item, which Trustee Zuckerman had mentioned up earlier in the meeting. Administrator Russo explained that this was a communication from Norma Drummond, the Director of Community Development for Westchester County Department of Planning officially notifying the Village of the grant award of$51,383.00 which brings the Village up to the $70,000.00 in total for the rehabilitation of the Garibaldi Park playground. 7. MR. KEN BERMAN, CO-CHAIR, BIRTHDAY COMMITTEE: REOUESTING AGENDA SPACE IN OCTOBER OR NOVEMBER TO PRESENT A REPORT TO THE VILLAGE BOARD: Mayor Cresenzi invited Mr. Ken Berman to speak. Mr. Berman and Ms. Sissy Sherlock asked that the Board schedule time on a future agenda in October or November to inform the Board of the plans for the Village's 15th Birthday Party, The Board unanimously agreed. The Mayor announced the following items for the September 24, 1996, Board Meeting in addition to forthcoming meeting dates: 10 006228 September 10, 1996 PUBLIC HEARING: • LOCAL LAW,AS AMENDED, TO LIMIT THE TYPES OF WASTE COLLECTED BY THE VILLAGE OF RYE BROOK. RESOLUTIONS: • RESOLUTION ADOPTING LOCAL LAW #3-1996 TO LIMIT THE TYPES OF WASTE COLLECTED BY THE VILLAGE. NEXT MEETING DATES: REGULAR MEETING -- TUESDAY, SEPTEMBER 24, 1996 AGENDA MEETING-- TUESDAY, OCTOBER 8, 1996 Trustee Pellino brought up an editorial that he recently read in the Gannett Papers with regard to cellular antennas. He reported that many municipalities apparently under the Federal Communications Act of 1996 have limited ability to regulate cellular antennas within their municipal boundaries. He announced that he would like the Village Board to refer this matter to the Village Attorney to opine on the Village's limitations in creating a cellular antenna ordinance for the Village. Mayor Cresenzi conveyed that he had been contacted by AT&T Cellular Company on the new Village Hall project to discuss better cell-phone service to this area because service is currently terrible for cellular telephone transmissions. He added that he thought it was a good thing to explore further. Mayor Cresenzi asked for a motion to adjourn the meeting at 9:05 p.m. The Board unanimously agreed to adjourn. Respectfully submitted Christopher J. Russo, Village Administrator/Clerk 11