HomeMy WebLinkAbout2000-02-15 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE DROOL
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 DING STREET
TUESDAY, FEBRUARY 15, 2000 -- 7:30 P.M.
�LEL)GE OF ALLEQL� El �CTIOI®i:
RESOLUTIONS:
1. CONSIDERING AUTHORIZING THE AUTHORITY TO
NEGOTIATE THIS: CONVEYANCE OF NORTH RIDGE
STREET FROM WESTCHESTER COUNTY TO THE
VILLAGE OI,RYE BROOK �----
2. CONSIDERING THE APPROVAL OF A BOND RESOLUTION
FOR$125,000 SERIAL BONUS FOR ROAM RESURFACING
3. ESTABLISHING FEES FOR PROPOSED NEW RECREATION
PROGRAMS
4. TRANSFERRING FUNIS FROM CONTINGENCY TO AJP
OVERTIME ]L,IN]E.
5. RE,QUESTING THE TELE COMMUNICATIONS COMMISSION
TO CREATE FORMAL GUIDELINES FOR THE VILLAGE'S
GOVERNMENT ACCESS CHANNEL
DISCUSSION:
1. STOP SIGN AT NORTH EAST CORNER OF KNOLLWOOD
DRIVE ANIS ACKER DRIVE
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WRITTEN COMMUNICATIONS:
1. VETERANS' CENTRAL, COMMITTEE
RE: REQUISITION OF FUNDS FOR MEMORIAL DAY,
MAY 29, 2000
NE2jT TROEES MEE'I'i1�G
MARCH 1«, 2000 and MARCH 28, 2000
Village Hall is fully accessible to the handicapped.
Those who need special arrangements should contact the Village Administrator's Office
ONE WEEK IIS ADVANCE OF A MEETING at(914) 939.1121.
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MINUTES OF A MEETING
VILLAGE OF RYE BROOK BOARD TRUSTEES
VILLAGE HALL, 938 KING STREET
RYE BROOK, NEW YORK
TUESDAY, FEBRUARY 15, 2000—7:30 P.M.
CONVENE MEETING
The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room, and the
Pledge of Allegiance followed.
The following members of the Board of Trustees were present:
Mayor Francis L. Filipowski
Trustee Jody H. Brackman
Trustee Donald E. Degling
Trustee Roger Herman
Trustee Gary J. Zuckerman
Village Staff attending the meeting were:
Village Administrator, Christopher Russo
Village Attorney, Kenneth E. Powell
Village Engineer, Victor Carosi
Assistant to the Administrator, Charles Peretz
Superintendent of Recreation, Tom Hroncich
Police Chief, Robert Santoro
Meeting Secretary, Paula Pataho
Mayor Filipowski noted that this was also Grievance Night for taxes. Mr. William Wendlandt, the
Tax Assessor, was in attendance to assist residents who wished to file to have their taxes challenged
under the grievance procedure. He would be available until 10:00 p,m.
Mayor Filipowski then moved to the agenda and called for the first item.
RESOLUTIONS:
1. CONSIDERING AUTHORIZING THE AUTHORITY TO NEGOTIATE THE
CONVEYANCE OF NORTH RIDGE STREET FROM WESTCHESTER COUNTY
TO THE VILLAGE OF RYE BROOK.
Mr. Christopher Russo, Village Administrator, read the following Resolution:
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RESOLUTION
WHEREAS,North Ridge Street is scheduled for repairs and repaving by Westchester
County in 2000; and
WHEREAS, Westchester County is the owner of Ridge Street, a county road located
between King Street and Hillside Road (in Rye, NY); and
WHEREAS, Westchester County has issued bonds and awarded contracts for the design
and reconstruction of Ridge Street; and
WHEREAS, the Village of Rye Brook desires to explore the assumption of responsibility
for all maintenance of North Ridge Street between King Street and Meadowlark Road
following reconstruction, as well as ultimately accepting ownership of this portion of
North Ridge Street,
NOW THEREFORE BE IT
RESOLVED, that the Board of Trustees of the Village of Rye Brook does hereby
authorize the Village Administrator to negotiate an Inter-Municipal Agreement between
the Village of Rye Brook and Westchester County with respect to the assumption of
responsibility for maintenance of a portion of North Ridge Street for review by the Board
of Trustees.
On a motion by Trustee Degling, and seconded by Trustee Zuckerman, the Resolution
was approved by a vote of 5 ayes,
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski asked for a summary of the impact of this Resolution. Mr. Russo stated
that the County has agreed to put in the budget $850,000 for improvements on North
Ridge Street, between King Street and Meadowlark Road. These improvements will
consist of drainage work, concrete curbs, a shoulder in the vicinity of the Nursery School,
and a turn lane in front of the elementary school. The Village is considering accepting
ownership of this portion of North Ridge Street. This Resolution authorizes the Village
Administrator to negotiate an agreement between the Village of Rye Brook and
Westchester County for the assumption of this portion of North Ridge Street for review
by the Board of Trustees.
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Trustee Zuckerman asked if the road work included widening. Mr. Russo responded that
the road is not being widened with the exception of where the shoulder would be added
near the nursery school and at the elementary school in order to include a turn lane.
Trustee Zuckerman stated that his reason for asking was to make sure that no land from '
the homeowners on the opposite side of the schools would be taken in order to complete
this project. He was also concerned about trees that would be removed in this area. Mr.
Russo stated that there was no intention, whatsoever, of taking residential land. The trees,
however, will be looked at as some may be in the way of constructing a proper sidewalk.
Trustee Zuckerman asked Mr. Russo if he had any information on the portion of Ridge
Street South of Meadowlark Road. He was especially concerned about the portion near
Ridge Boulevard and was interested in the possibility of eliminating that curve. Mr. Russo
stated that there were no plans to work on that area at this point.
Mayor Filipowski advised Mr. Russo that upon receipt of any plans the school board
should be notified. It is essential that they be kept informed about any work that will be
done in the vicinity of the school.
Mayor Filipowski asked for comments from the public. Mr. Ken Heller, 22 Lincoln
Avenue, addressed the Board. He felt that the Village was being short sighted in their
consideration of acquiring North Ridge Street. He noted that this acquisition could cost
tax payers millions of dollars as this street requires work that includes widening. He asked
if the short term benefit would outweigh the long term costs. There has been a significant
increase of traffic on this road and areas of it are dangerous— even with new curbs. It
was his belief that the County should keep the road, and accept the cost of widening the
road, rather than place this burden on the tax payers. He was not aware of any benefits,
Mayor Filipowski noted that this Resolution would allow the Village to enter into a
negotiation with the County. This negotiation is not a final decision, but rather a chance
to look at what is being offered. Trustee Zuckerman agreed with the Mayor, noting that
this is the first step in a process that started several years ago. It has been a policy of the
County over the past few years to try and get rid of County roads for the exact reason that
Mr. Heller points out—they don't want to take care of them, This is, however, the first
time that they have offered an upgrade on the road. He felt that widening the road now
should be part of the negotiation and noted that no matter who maintains the road, the
Village gets blamed since most people do not realize that it belongs to the County.
Trustee Brackman felt that looking into fixing the road was a good first step. She asked if
there was County money available to add sidewalks from Ridge Boulevard South to the
end of Ridge Street where it becomes Rye. She also asked about the possibility of
repairing the remaining sidewalks which are substandard. Mr. Russo responded that the
Village has applied for a grant for 50% of the cost of repairing sidewalks from Ridge
Boulevard down to the Posillipo Center, to the Senior Citizen Housing. The grant funding
is scheduled for the year 2 00 1.
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There being no further comments from members of the public, or the Board, Mr. Charles
Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
The Mayor called for the second item on the agenda.
2. CONSIDERING THE APPROVAL OF A BOND RESOLUTION FOR$125,000
SERIAL BONDS FOR ROAD RESURFACING.
Mr. Russo summarized the Resolution, stating that the work was done last year. The total
amount of the work was $274,947 and the Village planned to finance $125,000 of this
cost by the issuance of Serial Bonds with the balance being paid for by the Capital Budget.
RESOLUTION
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
amount of$125,000 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 during or after the year 2000: the resurfacing of roads, streets,
and parking areas in the Village.
Section 3, The Board of Trustees has determined and hereby states that the
estimated maximum cost of such purpose is $274,947 and that it plans to finance
$125,000 of such costs by the issuance of Serial Bonds authorized by this resolution and
pay the balance of such costs from funds appropriated for such purpose in the Capital
Budget and except as hereinbefore stated, no monies have been authorized to be applied
for the financing of such purpose.
Section 4, The Board hereby determines:
(a) that the purpose for which said bonds are to be issued is set forth in subdivision
20 of paragraph (a) of Section 11.00 of the Local Finance law and that the period of
probable usefulness of said purpose is ten (10) years;
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(b) Notwithstanding such period of probable usefulness the proposed maturity of
the Serial Bonds hereby authorized shall not be in excess of five 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 such 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 to 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 S 1.00 of said Local Finance Law and such publication shall be
in the Journal 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 bond anticipation notes issued in anticipation of the sale of said
Serial Bonds may 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 compiled with at the date of publication of this resolution are not
substantially compiled with, 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
I� New York.
Section 7. This resolution shall take effect immediately.
On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, the
Resolution was approved.
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There being no discussion, Mr. Charles Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
3. ESTABLISHING FEES FOR PROPOSED NEW RECREATION PROGRAMS.
Mr. Russo read the following Resolution:
RESOLUTION
RESOLVED, that on the recommendation of the Superintendent of Parks and
Recreation, the Board of Trustees hereby authorizes the following charges:
Program Fee
Taconic Summer Baseball $55 per person
B.E.T. Summer Basketball $20 per person
(Bronxville, Eastchester, Tuckahoe)
On a motion made by Trustee Zuckerman, and seconded by Trustee Herman, the
Resolution was approved.
Mr, Charles Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
4. TRANSFERRING FUNDS FROM CONTINGENCY TO AJP OVERTIME LINE.
Mr. Russo read the following Resolution:
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RESOLUTION
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RESOLVED, that the following transfer of funds is hereby authorized:
FROM TO AMOUNT
101..1990.424 101.6772.199 $2,000
(Contingency) (A.J.P.-Overtime)
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Mr. Russo noted that this was a budget modification, which is a direct result of the
amount of rentals of the AJP Center which has resulted in overtime put in by the
caretaker.
On a motion made by Trustee Degling, and seconded by Trustee Zuckerman, the
Resolution was approved.
There being no discussion, Mr, Charles Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
5. REQUESTING THE TELECOMMUNICATIONS COMMISSION TO CREATE
FORMAL GUIDELINES FOR THE VILLAGE'S GOVERNMENT ACCESS
CHANNEL.
Mr. Russo read the following Resolution:
RESOLUTION
RESOLVED, that the Village of Rye Brook Board of Trustees hereby requests that the
Village of Rye Brook Telecommunications Commission recommend policy and
appropriate rules and regulations pertaining to the access and use of the Village's
Government Access Channel. More particularly, the policy, rules and regulations should
cover public access by individuals or groups of Rye Brook residents and similar access by
non-resident individuals and groups. The proposed policy, rules and regulations should be
submitted to the Board of Trustees for discussion and adoption as soon as practicable by
the Telecommunications Commission.
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3 On a motion made by Trustee Zuckerman, and seconded by Trustee Brackman, the
Resolution was approved.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
Trustee Degling noted that it has recently come to his attention that the Village has no
rules pertaining to public access. Of the three channels produced by the cable company
for educational, government and public access, one channel is dedicated to the Port
Chester School District 4, the second channel is dedicated to District 5, and the third
channel is used by the Government of Rye Brook. He felt that it would be appropriate to
have formal rules so that anyone desiring public access will have a way of getting it.
Trustee Zuckerman agreed with the approval of this Resolution and that the
Telecommunications Commission is the proper party to receive the delegation of authority
from the Board of Trustees. He noted that public access is furnished by Cablevision. It
was his recollection that there was supposed to be a fourth channel, which was granted at
j the time of the franchise agreement.
Mr. Peter Bernbaum, Chairman of the Telecommunications Committee, addressed the
Board. He noted that there is a difference between government access and public access.
One channel is used solely for government access and it is controlled by the Board of
Trustees. A public access channel, with public access time, should be separate from that.
The Telecommunications Commission is currently looking into what other communities
have done successfully with public access, c.g., how much time is allotted to it, what rules
are used to govern it, and how it will be successfully used as a meaningful tool to promote
communications among residents and the community. Up until now there have been no
requests for any public access. He reminded everyone that these rules are necessary
because public access and government access are not interchangeable. The
Telecommunications Commission will be attempting to make a recommendation of how
public access will be made available.
Trustee Degling noted that the Board of Trustees does not have jurisdiction over the
channels used by the school districts. They do have jurisdiction over the government
channel and since this channel is not used to its capacity, there should be a way of making
a reasonable amount of time available for public access.
Trustee Roger Herman commended the Telecommunications Commission for their work
and follow through with the web site, as well as this work on the public access. He asked
that as reports or information is presented that the Commission assist the general public
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and define all technical terms. Mr. Bernbaum stated that they would do what they can on
reports that they generate.
Peter Raider of Valley Terrace agreed with the suggestions made this evening as the
airways should be open for public access, He asked that the Board act diligently while the
Commission is responding to this issue and view requests on a case-by-case basis.
Lawrence Rand of 30 Hillandale Road brought up several questions. He asked who will
set the guidelines, be responsible for oversight, and who address adjudication -- what goes
on, at what time, and what method will be required for making these types of requests.
Mayor Filipowski agreed that these questions are very important as the Board needs to be
assured of accuracy and the appropriateness of information on the public access channel.
Trustee Degling noted that the Resolution states that the Board of Trustees is asking the
Telecommunication to recommend policy and appropriate rules and regulations pertaining
to the access and use of the Village's government access channel. Mr. Rand hoped that
there would be a lot of community input on this issue,
Howard Lim of 83 Valley Terrace noted that the cable company currently has hundreds of
channels. If anyone is willing to pay upwards of$90 they can have access to these
channels. He also noted that public access is part of the entertainment and information
programming that the cable company puts on. It is not something that the government is
directly responsible for, although they are indirectly responsible because the cable
companies are operating pursuant to franchises. Mr. Lim stated that there have been
requests for public access in regard to the School Bond issue. He asked if that was what
the Board considered a public request. Mr. Bernbaum noted that the bond issue came up
48 hours before the vote referendum and there was insufficient time to make a formal
request to the Board of Trustees.
Mr. Bernbaum clarified that the Bond issue was not brought before a meeting of the
Commission. The Bond issue did come up during a recent meeting which is included in
the minutes of that meeting and which are public. However, no formal request was made
in a time frame that the Commission could respond. Developing public access rules is an
art and although not impossible it is one that this Commission hopes to learn. He noted
that many years ago the cable company had a studio in the shopping center which went
unused for years. Mr. Ken Heller noted that there was a minimum number of residents
required before this studio could be used and if you wished to take a class there, a total
amount of eight individuals had to be interested in it at the same time. If not, the class was
not offered,
Mr. Dean Santon of Hillandale Road addressed the Board. He stated that the Bond
Committee asked to have an eight minute video aired and their request was rejected. He
asked who was making the decision of what could be aired and what could not. Mayor
Filipowski noted that there was no formal request made from the Bond Committee. He
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stated that he did not know how a negative response came about. Mr. Santon disagreed
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with this statement, He stated that Mr. Lawrence Engle and Mrs. Caryn Bromberg,
members of the School Bond Committee, did make a formal request to have their video
aired. The Committee went through the effort of making the video for a very worthy
cause but they were rejected at the government level. He asked who the gatekeeper was
with regard to programming of the channel. He commented further with regard to the
Board meeting held on Tuesday, February 1 for which the video did not see the light of
day until Friday, February I Vh at 5:04 p.m. This video only ran Friday, Saturday and
Sunday. In contrast, he noted that the Mayor's State of the Village address was on cable
for a very lengthy time, running for four to five days,
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€ Mr. Bernbaum replied to Mr. Santon's question of who the Bond Committee spoke to
regarding the airing of that video. He noted that Caryn Furst-Bromberg did speak with
him, but not to ask permission as permission is not his to give. She was told that she
would have to make a request such as this to the Board of Trustees. Additionally, he
noted that this informal request was made less than 48 hours before the referendum. He
also noted that this video could not be aired on the educational access channel because it
was adversary piece as there were two sides to the issue. He again reiterated that no
formal request was made to the Telecommunications Commission.
Trustee Zuckerman stated that the Board of Trustees has the ultimate authority and,
unfortunately, no one that was approached by the Bond Committee was told to go to the
Board of Trustees. It was his feeling that if this was mentioned and this step was taken
then a ruling could have been made with regard to airing the Bond video. Mr. Bernbaum
stated that there was a notation in the Telecommunications Commission minutes that
confirms the fact that the Bond Committee was in fact referred to the Board of Trustees,
Mr. Rand noted that the people own the channel and the Board of Trustees are the
gatekeepers. He stated that we have to be very careful not to abuse in any way the
property that belongs to the people. He felt that the issue of public access was a"slippery
slope". The gatekeeper position is held by the people through the Board of Trustees.
Bert Slonim, of One Belle Fair Boulevard, asked what the current process is regarding
decisions, timing and what can be aired. Who makes these decisions? He felt that the
State of the Village message was an unusual broadcast and asked who made the airing
decisions on it.
Mr. Russo stated that there is an informal schedule which includes Board of Trustees
meetings, Planning Board meetings, County Board of Legislators, League of Women
Voters and the Bulletin Board. Mr. Russo also stated that he puts the programs on the
channel and that his office is responsible for the programming. The last four Board
meetings were aired a number of days after the meeting, One was eight days after the
meeting, the second was also eight days after the meeting, the third was ten days after the
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meeting and the most current was also ten days after the meeting. The Mayor's State of
the Village Address was shown for three days, from 5:00 p.m. until 9:00 a.m, on February
2, 3 and 7.
Mayor Filipowski noted that he did not have control over what days his address would be
put on. Mr. Russo fit it into the schedule.
Mr. Steven Epstein of 233 Country Ridge Drive asked for a reason why the State of the
Village address aired for so long, for so many times. He felt that this address was purely
political and meant to air before the election. He noted that there was no State of the
Village address made during Mayor Filipowski's first year and he asked why. He also
noted that this address did not have a live audience and he felt that it should have been a
more public event.
Mayor Filipowski noted that last year he did not have a cameraman or an editor available.
This year, he had a cameraman, an editor and the time and, therefore, it was done. He
inoted that the previous two Mayors did give a State of the Village address.
Mrs. Rose Niles of 101 Country Ridge Drive asked what the fuss was all about with
` regard to the State of the Village address. It has been done many times before, by former
Mayors. She felt it was very informative and stated that she would like to see it done
every year.
Mr. Heller agreed with Mrs. Niles. He stated that this is a little watched channel. A
message of this type is normally paid for by the taxpayers, sent out via the mail. The cable
channel, however, does not cost the taxpayers anything. He felt that this method of
getting the message out was very cost efficient for the residents of Rye Brook.
Caryn Furst-Bromberg addressed the Board. She stated that although she did not intend
to be at this evening's meeting she felt compelled to do so because the Board was
misinformed regarding the request made by the School Bond Committee. She stated that
she spoke directly with Peter Bernbaum and Chris Russo. Additionally, Mr. Larry Engle
did speak with the Mayor. The question was, "Can we get air time on the Village
channel?" The buck was passed from person to person to person and the only one who
could supply them with any information was Mr. Peter Bernbaum. A Letter to the Editor
was written in regard to this issue—there is either public access in the Village or there
isn't---- and right now there isn't. She said that a debate could be held regarding whether
the State of the Village address was political or a State of the Village address, but what is
really important is the fact that most people get their information from Broadcast media.
When the Bond Committee was denied public access this became an issue. The only way
to speak your mind is to do so at a Board of Trustees meeting, and this is wrong and it
needs to be changed. She made a suggestion that since the Village is in the midst of an
election, the debates which are coming up among the candidates should be televised on the
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government channel. This would be a very significant first step. It was noted that these
requests to play this tape on the educational access channel was formally rejected by the
school district Attorney.
Mayor Filipowski stated that having the debates televised is currently being looked into.
Mr, Slonim addressed the Board again. It was his opinion that Trustee Zuckerman, as a
candidate, should be allowed equal time to respond to the Mayor's address. He felt that it
would be the right thing as it was his belief that the State of the Village Address was
political.
Mayor Filipowski responded that he has already made a recommendation to the Board of
Trustees to make a one time ruling on public access, 4n the agenda this evening was a
request to consider a special exception which would allow the candidates time to respond
to his address. He recommended that Trustee Zuckerman be allowed to make a response
and given an equal amount of time, Mayor Filipowski asked the Board to consider as a
special exception Trustee Zuckerman's request to respond to his State of the Village
address. He recommended to the Board that Trustee Zuckerman be allowed such a
response, The Mayor stated that the response can be covered in terms of dealing with the
four topics that he covered and also airing it over the next two week period so that it will
be finished and out of the way.
Trustee Zuckerman stated that he did make a request for equal time to respond —to be
run for the same period of time as the Mayor's address. The communication that he
received which stated that his request was to respond to the State of the Village address
was incorrect. He stated that his request was not to cover the same four topics, nor did he
request for it to be completed in a certain period of time the time frame that the Mayor
was suggesting only allowed for a two-day period to prepare his response. Additionally,
he noted that the week of 2121 is vacation week and not a fair time to air as many people
will be away. 'trustee Zuckerman did not wish to be censored in his response.
Trustee Brackman expressed her opinion that the Mayor has the authority to give a
Village address updating the Populus on things that are going on in the Village. However,
during the course of an election, the residents should be able to hear all sides of the issues.
Although she was disturbed by the tenor of the comments at this meeting, she felt very
strongly that Trustee Zuckerman should be given equal time. In fact, she was in favor of
allowing all the candidates equal access to the air waves for the purpose of giving a
campaign speech. She put forth a motion to allow all the candidates equal time to
respond. It was seconded by Trustee Herman. The Mayor noted that the response should
be made within the next 14 days to avoid a close proximity to the election. He also noted
that it took him only two days to get his speech together and expressed his opinion that 14
days is an adequate amount of time for Trustee Zuckerman to put together a rebuttal. The
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State of the Village Address aired for three days, and Trustee Zuckerman would be
allowed the same amount of time.
Mr. Rand appreciated Trustee Brackman's motion. He asked that the Board of Trustees
consider having all of the upcoming debates aired. It was noted that there were three
debates currently scheduled. Doral Greens is sponsoring the first debate to be held on
March 2""; the Arbors was sponsoring the second debate which will be held on March 7";
and the final debate will be sponsored by the League of Women Voters and will be held on
March 130. Mayor Filipowski replied that the Village will air these debates.
Mr. Epstein addressed the Board for a second time, He referred to an editorial which
spoke about the need for open government. It urged the Mayor to give Trustee
Zuckerman equal time. But he felt that limiting the time frame was unfair as it may take
Trustee Zuckerman a little longer to put something together and get it on the air. He felt
that it would be reasonable to permit him to speak about topics that relate to the Village,
He stated that it was inappropriate censorship to tell Trustee Zuckerman what he can or
cannot speak about.
Mr. Santon felt that the Mayor's gesture was a half empty one as the Mayor had the
opportunity to chose when to air his speech and, therefore, Trustee Zuckerman should
have the same opportunity. He again requested an answer to his question, who is the
gatekeeper of the channel? He also asked why the meetings of the Village Board were not
immediately aired.
Mr. Russo again stated that his office sets up the schedule. There is no rhyme or reason to
the scheduling. When the Village Board Meeting tapes are ready and completed by the
videographer, they are aired. The County Board meeting went on before the Village
Board meeting this month because the Village Board meeting tape was not completed,
Mr. Santon asked, for a third time, who decided when the Village address went on, and
the period of time for which it was shown. Mr. Russo gave the same response, for the
third time, that his office is responsible for the programming schedule. As the Village
Administrator he took responsibility for the decision,
Trustee Brackman pointed out that there was a piece in the Gannett which researched
whether or not a Village address was a legitimate use of the government access channel.
The writer did research in other municipalities all over the country and her conclusion was
that this has been done before and it is a legitimate use of the government airways.
The Mayor was asked who paid for this State of the Village Address. He stated that it
was made by volunteers and the only fee involved was the editing, which was paid for by
the Village.
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Trustee Zuckerman stated that he had no problem on his response airing through Friday,
March P, for the same number of hours as the Mayor's address.
Mayor Filipowski asked for a vote on the motion put forth by Trustee Brackman, and
Mr. Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee'Zuckerman Voting Aye
Mayor Filipowski Voting Aye
A vote was then taken on the original Resolution regarding the Telecommunications
Commission. Mr. Peretz read the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski returned to the matters on the agenda.
DISCUSSION
1. ,STOP SIGN AT NORTH EAST CORNER OF KNOLLWOOD DRIVE AND
ACKER DRIVE.
Mr. Russo commented on the narrow intersection which has been the scene of a few
minor accidents. The stop sign would be placed at the intersection ofKnollwood Drive
where it meets Acker Drive. It would be located on the South side of Acker and the East
Side of Knollwood. Chief Santoro stated that this turn does need to be addressed as there
is also a line of site problem. Mr. Russo stated that a Resolution will be prepared and
placed on the agenda for the next regularly scheduled board meeting•
WRITTEN COMMUNICATIONS:
1. VETERANS' CENTRAL, COMMITTEE REGARDING REQUISITION OF
FUNDS FOR MEMORIAL DAY, MAY 29, 2000.
Mayor Filipowski referred to a memo addressed to him from Frederick C. Schmaling of
the Veteran's Central Committee. Mr. Russo stated that this is their annual request and
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the Village of Rye Brook, Village of Port Chester and Town of Rye all contribute towards
the Memorial Day celebration—towards the purchase of wreaths, flags, flowers, etc.
Mayor Filipowski requested that a Village Board meeting be scheduled for February 29"'.
He noted that the following Board meetings will be held on March 14" and March 28",
On a motion made by Trustee Zuckerman, and seconded by Trustee Brackman, the
February 29`h meeting was approved. Mr. Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herrman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
Trustee Brackman asked for input from Tom Hroncich regarding the Teen Center. She
recently attended a teen night at the Posillipo Center and enjoyed it. She felt that this was
an excellent project for the Village. Mr. Hroncich stated that surveys have been mailed
out to 7"'through 9'graders. The proposed new building at 940 King Street has some
issues that are being worked on such as capacity, insurance, etc., but the Village is
continuing their work on the possibility of using it for a Teen Center,
Trustee Brackman noted that other municipalities have been using sports domes in order
to make practice time available year round. She suggested the property near the Arbors
which has been unused for a good many years. Mr. Hroncich stated that he would look
into the use of sports domes and the possibility of using them in Rye Brook,
Mayor Filipowski asked for a motion for an Executive Session to be held regarding
contracts. A motion was made by Trustee Herman, and seconded by Trustee Degling.
Mr. Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
Trustee Brackman made a motion to hold a Board of Police Commissioners meeting
which will be helped on February 29"' prior to the Board of Trustee meeting. The motion
was seconded by Trustee Zuckerman.
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Mr. Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski asked if anyone from the public wished to make any additional
comments, Mr. Ken Heller addressed the Board. He asked for information on the land
donated to the Village by Belle Fair. He felt that this property is very difficult to develop.
He also noted that there was an access path used by Belle Fair.
There being no further comments from members of the public, or members of the Board,
the public portion of the meeting was concluded at 9:40 p.m., at which time the Board
went into Executive Session.
Executive Session ended at 10:40 p.m, The Trustees then reconvened in public session.
Mr. Russo read a Resolution calling for a Public Hearing on the Fire Contract, as well as
the actual Public Notice. Upon a motion made by Trustee Donald Degling, and seconded
by Trustee Roger Herman, the following Resolution was approved:
NOTICE O1F'
PUBLIC HEARING
PLEASE, TAKE NOTICE, that a public hearing will be held by the Rye Brook Board of
Trustees on February 29, 2000 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook,
New York 10573 on a proposed five year fire protection contract with the Village of Port
Chester.
Described in general terms, the proposed fire protection contract is a multi-year contract,
commencing on June 1, 2000 and ending on May 31, 2005, under which the Village of
Rye Brook will pay to the Village of Port Chester for fire protection services from the
Port Chester Fire Department, the following fixed amounts:
June 1, 2000 -May 31, 2001 $681,769.00
June 1, 2001 -May 31, 2002 $695,405.00
June 1, 2002 - May 31, 2003 $709,313.00
June 1, 2003 - May 31, 2004 $723,499.00
June 1, 2004 - May 31, 2005 $737,969.00
The proposed fire protection agreement provides, among other things, for firefighters of
the Rye Brook Fire Department to provide a portion of fire service for Rye Brook, under
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the supervision of the Port Chester Fire Chief, in cooperation with the Port Chester Fire
Department, and for an appointed board, composed of Port Chester and Rye Brook
representatives, to provide advice and oversight with respect to fire protection. The new
agreement will supersede and terminate the existing fire protection agreement with the
Village of Port Chester to stabilize fire protection services in the Village of Rye Brook for
a five year period.
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF RYE BROOK
� �GJ
Christopher J. Russo
Village Administrator/Clerk
The meeting was adjourned at 10,45 p.m,
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