HomeMy WebLinkAbout1990-01-09 - Board of Trustees Meeting Minutes ,
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V Z LLA.GE OF RYE B ROOK
BOARD OF T RU S TEE S
t A.G SNDA MEET=NG
.JANUARY `� 0 19 9 0
PUBLIC HEARINGS
1. PROPOSED BOND ISSUE: PURCHASE OF AN OFFICE BUILDING
AND ADJOINING PROPERTIES
RESOLUTIONS/AGREEMENTS
2. DESIGNATION OF POLLING PLACES FOR VILLAGE ELECTION (3/20/90)
3. COMLY AVENUE - REVISED SUBDIVISION MAP
SET PUBLIC HEARING DATE FOR JANUARY 23, 1990
AGENDA I-=MS FOR. .JANCIARY 23 1'_ 90
PUBLIC HEARINGS
1. COMLY AVENUE - REVISED SUBDIVISION MAP
RF.,SOLUTIONS/AGREEMENTS
2. CHECK REGISTER AUTHORIZATION
APPROVAL OF MINUTES
3. DECEMBER 12, 1989 and JANUARY 9, 1990
NEXT MEETING DATES
REGULAR MEETING - JAN. 23, 1990 AGENDA MEETING - FEB. 13, 1990
DON ` T P RODU CE TIT ± REDi7 CE S T ±
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MINUTES OF AN AGENDA MEETING
THE BOARD OF TRUSTEES
VILLAGE OF RYE BROOK
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
JANUARY 9, 1990
CONVENE MEETING
The meeting of the Board of Trustees was called to order by Mayor
Cresenzi at 8:00 P.M. in the Meeting Room and the Pledge of
Allegiance followed.
Present were the following members of the Board:
Mayor Salvatore M. Cresenzi
Trustee Francis L. Filipowski
Trustee Michele R. Mendicino
Trustee Robert J. Ravich
Trustee Jane Saffir Smith
Also present were.
Christopher J. Russo, Village Administrator
Rocco V. Circosta, Director of Public Works
Edward Beane, Village Attorney
Joseph Cortese, Village Treasurer
Frank Gendalia, Police Chief
Jean A. Marra, Deputy Village Clerk
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,I January 9, 1990
PUBLIC HEARING (continued)
1. PROPOSED BOND ISSUE: PURCHASE OF AN OFFICE BUILDING
AND ADJOINING PROPERTIES
On motion by Trustee Ravich, seconded by Trustee Mendicino, with a
unanimous vote of the Board, the following resolution was adopted:
RESOLVED, that the Public Hearing regarding
the proposed Bond Issue for the property
located at South Ridge Street and El.lendale
Avenue is hereby declared reopen.
Mayor Cresenzi announced that if approved this evening, in no way
will the Board be bound to purchase anything; it will just make the
funds available to enter into negotiations and eventually purchase
any piece of property.
Trustee Ravish explained that if reasonable negotiations could not be
made, the issue would be dropped and no commitment would be made.
Since the real estate market is soft and prices have come down, it is
a buyer' s market, Trustee Ravich said, and that gives the Village
leverage to make a good deal. Should the Board wait another month or
six months or buy low right now? There are many advantages to 'try to
negotiate at this time, he said, adding that the perfect building may
never come to be and the perfect time to buy may never come to pass.
Other options, which have been discussed at previous meetings, proved.
to be much more expensive and this particular option seems to be
viable at this time. Working on negotiations now, will be working
toward the Village' s future growth, he concluded.
Trustee Smith said she was in agreement with Trustee Ravich while
Trustee Mendicino raised some questions about the loss in tax
revenue's.
Following Administrator Russo' s explanation that on all the
properties -- the Town, County and School -- the figure would be
approximately $5,800 plus $1,400 annually for the Village, the
meeting was then open for public comment.
Mr. James Sapione, 28 Hawthorne Avenue, was the first resident to
speak in opposition of the bond resolution. Aside from the $6,000
annual loss of taxes, he said, no one would mention a dollar amount
for the purchase of the building. This issue poses more questions
than there are answers to, he said, and the real question is what the
effect would be on the taxpayers. Other factors are of interest, but
that is the bottom line.
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001 546
January 9, 1990
Administrator Russo said the Assessor provided a tax projection for a
fully occupied building and based on an assessment of $56,200, the
total Village tax would amount to $4,594 and total other taxes amount
to $18,820, for a total of $23,414 as estimated by the Assessor.
A brief discussion followed regarding the tax rate that was based on
a percentage but the actual number was unknown at this time.
The subject of square footage arose and Mr. Sapione questioned the
gross square footage versus the net. He said the building was not
designed for only one tenant, and since the building has a center
core, there was much wasted space.
Ken Heller, 22 Lincoln Avenue, read the following into the record:
"I have spent a number of days reviewing the available records
regarding the Donald Art Bldg. and how the Village of Rye Brook
has come to occupy -its present offices.
"The history of this building, its .initial construction, and
subsequent expansion makes interesting reading of contrary
applications. For example, the records reflect that on Sept. 9,
1982 it was stated that the Donald Art Bldg. was a nonconforming
structure in an OB-S zone exceeding the permissible floor area
ratio.
"At a subsequent time, Morton Smith, the Attorney representing
the purchasers, who are now owners of the Donal Art Building,
referred for the record that approximately 16,000 square feet of
space was restricted to warehouse or similar low density use.
"At a later date, the Rye Brook Village Board approved an R-2.0
variance for the Donald Art Bldg. to allow the construction and
occupation. of Village Offices within that Bldg.
"The construction of the Village Offices cost the taxpayer of
this Village over $300,000. It is interesting that the owner of
the Bldg. agreed in an addendum to refund to the Village up to
half of the construction cost or no more than $36,000 per year if
the Village was to relinquish its lease within the first three
years.
"The question now is, if the Village were to relinquish its
current lease, must not the existing space revert back to its
initial use, that of warehousing or similar application.
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"The question arises then, as to the recent renegotiation of the
rent payable by the Village for this space which will double in
1990 and automatically increase for the next 25 years. It is
obvious that if this space were to revert to warehouse space, the
rent would be substantially reduced. Has this been adequately
y
pursued by the Village? Which leads us to question the
precipitous purchase of a, complex which projects a saving of
$44,457 after 25 years or approximately $1800 a year exclusive of
the value of land less the depreciated value of the existing
building at that time.
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January 9, 1990
"The Mayor's proposed Bond Issue/Rent Comparison reflect
excessive costs over savings for the next 6 years. In actuality,
this is a window of opportunity to examine in depth and with the
input of the Citizens of Rye Brook, each and every possible
alternative.
"Considering the indecisive future of the General Foods Bldg. the
ongoing marketing of the Hilton Hotel, the newly announced
certiorari repayments and the already hefty tax increases from
the County and yet to be announced by the School Districts; now
is the time for the Rye Brook Government to live up to its pre-
formation promise to deliver affordable government to all its
residents: to include those on marginal incomes and those who are
retired. Even let us add, those who must sacrifice to provide a
higher education for their children.
"In light of our discoveries and to avoid a possible conflict of
interest whereas Morton Smith was an agent of those purchasing
the then Donald Art Bldg. and his involvement therein; we think
that it would be to the benefit of the Community if Trustee Smith
were to abstain from further participation on the matter at hand
due to the interrelationship with the question of the integrity
of the proposed space to be abandoned in this Bldg. and subse-
quent related issues that will arise."
What happens to this space (90 South Ridge St. ) when and if the
Village Offices move out? It will revert back to office space, Mayor
Cresenzi stated. But, Mr. Heller said, it may not be able to go back
to office space because it doesn't meet the requirements.
When it was the Donald Art Building, the parking was inadequate, the
Mayor pointed out; but with the additional decked parking, the
requirements were met. office space was allowed to increase because
of the added parking. The Mayor concluded by saying he would be happy
to discuss this matter with Mr. Keller at a future date.
In answer to Mr. Heller's statement, Attorney Beane said that Trustee
Smith may not have to resign herself from further discussions on this
matter or on voting on the Bond Resolution because these two items
are related but not linked. He added that some further study would be
needed regarding Mr. Heller's thesis.
A discussion arose concerning the Village's present lease agreement
and Trustee Filipowski said the agreement runs for a long time but
the Village had a six-month option of terminating it.
When asked by Peter Freeman of 44 Country Ridge Drive if heat,
electricity and water were included, Administrator Russo replied that
those utilities were paid for by the Village now.
Alan Salzman, 49 County Ridge Drive, mentioned that the amount of
money expended for renovation to the present offices must be included
in the figures presented in order get a more accurate total because
the Village did all the work.
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January 9, 1990
Comparing dollar amounts now to dollar amounts 25 years from now is
not accurate, Ed Si_skin of 2 Eagles Bluff said, because the dollar
would not be worth then what it is today; it would be worth less.
A discussion followed concerning Mr. Hal.sey's letter which appeared
in the Westmore News wherein it was stated that renting would be
cheaper then buying. However, Trustee Filipowski brought up the fact
that even though the building would be owned at the end of 25 years,
the Village would not be buying a lot of additional space -- it would
be settling if the Village went into this particular building.
In answer to a statement made by Mr. Heller, Trustee Ravich said the
equity built up in the building over the 25 year period could be used
to purchase something else at that time.
If the building and land was purchased, just like our own homes are,
Mayor Cresenzi said, it would build up equity and the Village would
gain more space at the same time -- the equity would be there.
The building that the Board is considering is very small, said John
Haley of Betsy Brown Road, and it is in a very crowded part of: town.
Also, it cannot be assumed that the building would be worth a lot (of
money) in 25 years. He asked the Board to have more vision before
purchasing the building because even if something is not done
immediately, something else will come up.
Shirley Rothenberg of 88 North Ridge Street requested that the Board
come back with other possibilities and different proposals. So far,
only figures for this building have been given, she said.
Mayor Cresenzi reiterated the list of suggestions which were made at
previous meetings. He added that the Village of Mamaroneck was paying
approximately $250 a square foot for a 7,000 foot addition and the
Town of New Castle was paying about $190 a square foot for a 10,000
foot addition. Numbers are very significant when it comes to land
and bull-ding costs; it would take the Village at least a couple of
years before a shovel ever even entered the ground.
Also, the Mayor pointed out that by state law, a municipality has to
bid out the different phases of construction costs -- they cannot use
a G.C. (general contractor) . -- and that tends 'to raise the cost
significantly. Municipal work is usually bid at a premium so it would
be very expensive to build.
This property (21.1 South Ridge) is adjacent to the Village Garage;
the offices are cramped for space; it would provide expansion for the
garage; and this new building would service the Village for a good
length of time, Mayor Cresenzi added.
Mrs. Rothenberg suggested the Village rent space on Westchester
Avenue. She then stated that the (proposed) building was ugly and
that there were other places to move to.
Aside from the fact that Village offices should be in the Village,
there is nothing else available, Mayor Cresenzi said.
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January 9, 1990.
John Conroy of Churchill Road suggested that the Village rent more
space in the present building if there was any more available. He
added he was .in real estate and believed the Village had more space
now then it would in the new building. Since the space there is
spread out over three floors, the amount of square footagb is
actually reduced, he offered.
Being able to departmentalize the offices, would improve efficiency,
Mayor Cresenzi pointed out but if a price could not be agreed upon,
the entire deal could be finished.
With the location of the building being on South Ridge Street, Mr.
Conroy thought a commercial user should occupy the building rather
than a municipality. If the parking situation is not improved in that
building, he said, it may decrease the value of the property.
Trustee Fi.lipowski. thanked Mr. Conroy for the detailed letter he sent
and proceeded to read a portion of it.
Mr. Sapione indicated that he was very disappointed in the newsletter
which was sent out because it lacked information -- there was no
substantiated data regarding the cost to the taxpayers. Also, he said
the square footage which the Village feels as though .it needs should
be calculated at so many feet per person and/or department. The
market place has not been tested by the Board.
That building was not built to accommodate Village Government, Mr.
Sapione said, adding that the Village owns a lot of land that could
be built. on. He also mentioned that the $23,000 a year tax loss
should be included in the cost of this building. Do not pass this
Bond Resolution tonight; come back to the residents with an adequate
analysis and the Board will have our support. It is better_ to own
than to rent, but not this particular. building, Mr. Sapione said. Do
not put the cart before the horse!
The building's proximity to the Village Garage makes it very desir-
able, Mayor Cresenzi said, adding that this could happen now and the
Village would benefit immediately from it -- any other project would
be much more costly. The Village would be able to grow and develop
and not be cramped for space.
The traffic situation would be worse, Mr. Sapione said, adding that
if the property on King Street was utilized, a municipal center could
be constructed from the ground up. To make this proposed building
occupant-ready would be very expensive.
Former Trustee Mario Nardi asked if the 3 million dollar figure
included development costs. Mayor Cresenzi replied it would be a
turn-key operation -- three parcels of land and finished building
with a meeting room, carpeting on the floors, etc.
A figure of $50,000 was quoted many years ago for the Village to come
into the present building but over $250,000 was spent for improve-
ments, Mr. Nardi submitted.
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January 9, 1990
Of the fifty people here this evening, not one ha.s said anything in
favor of this building, Mr. Nardi pointed out; apparently they do not
think this is the right building. It would be a disservice to this
community to have the Board vote favorably on this tonight, he said,
iand he .recommended that it not be passed. Get more information,' get
j numbers on other options or perhaps call in some outside expertise,
he concluded.
The Board has not given the residents enough options, Paul Myerson of
Churchill. Road said. A building right in the heart of town is not
needed -- move off the beaten track. Bring in the consultants and
have them present other options, he said.
When asked by a speaker why the Board was not voicing their opinions,
Trustee Filipowski responded that he has been against the proposal
all along and he would vote against it. Trustee Smith mentioned that
this matter has been discussed at several other meetings and the
Mayor added that the mailer was sent out.
A great weight of evidence is going against purchasing this building,
Mr. Ferrante of 12 Greenwood Lane provided. Even though the com-
mercial real estate market is very depressed, a red flag does not
have to be sent up. Negotiations could not be made from a position of
strength at this point in time.
Mr. Ferrante said it was his first time attending a Board meeting and
it came through loud and clear that this (bond resolution) was going
to be passed tonight and there were still too many areas that had to
be explored before it was okayed. There were no current alternatives
presented at all., he noted.
At a cost of $3 million, this 1.0,000 square foot building comes to
$300 a square foot of net usable space, a speaker said, adding that
no formal appraisal of the building has been done.
Mr. William A.ughavin emphasized that the 3 million dollar figure
included not only the building but the other parcels of land as well.
BOCES recently completed a building in Valhalla at a cost of. $100 a
square foot a resident provided.
John Lind of 12 Bell Place said he works for a large developer and
thinks that some good prices could be obtained. Mr. Conroy pointed
out that there are contractors who specialize in the construction of
municipal facilities. All the Board has to do is determine the amount
of office space that .is heeded and built to suit.
A resident said the "general flavor" has been stated over and over. . .
Mayor Cresenzi said a few more comments would be taken before the
Board adjourned into Executive Session.
In answer to a question raised by Mr. Nardi, Mayor Cresenzi said if a
permissive referendum was held, he did not think the builder would
wait until the end of March for an answer without any financial
compensation.
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.I January 9, 1990
This building was originally designed for the way it exists now and,
Mr. Heller said, to convert the parking area into a police station
would not work. An environmental study would have to be done also
because one of the vacant properties is in a flood zone. What about
moving costs? What about tearing down the existing building on' the
lot? Are these costs being considered? Mr. Heller asked. In the end,
the Village will not have what it really wants and it'll cost plenty!
Mr. Frank Spear of Bonwit Road said he did not think that the
residents were in favor of this (particular building) .
At this time, on motion duly made and seconded, it was unanimously
RESOLVED, that the Village Board adjourn into
Executive Session to discuss real estate
matters.
When the meeting reconvened at 10:10 P.M. , Mayor Cresenzi said the
Board has heard a lot of valuable information and opinions from
experts and the Board was in agreement (with the residents) . Further
study needs to be done and experts are needed to help the Board.
The purpose of a Public Hearing was to give residents the time to
speak to the Board, Mayor Cresenzi said, and a lot of good comments
were made this evening -- that's how Rye Brook was formed. He then
requested that the residents assist the Board in looking for alterna-
tive sites for the Village Offices.
On motion by Trustee Mendicino, seconded by Trustee Filipowski, with
a unanimous vote of the Board, the following .resolution was adopted:
fRESOLVED, that the Public Hearing is hereby
closed; and it is
j FURTHER RESOLVED, that no vote on the
proposed Bond Resolution be taken at this
time.
Mr. Heller commended the Board for their action. Yes, he said, the
Village does need its own building but the right decision has been
made this evening.
Trustee Mendicino said a, ]_ot of time and effort went into this
(matter) and she thanked everyone for coming (to the meeting) and
voicing their opinions.
Mr. Randy Solomon asked what the status (of the Bond Resolution) was
and Mayor Cresenzi replied that it could be brought up at anytime but
first a group would be formed to advise the Board. If outside advice
is needed, it will be obtained, he said. At a future point in time,
the .issue will be brought up again.
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January 9, 1990
Trustee Ravich supported the Mayor's statement and added that the
Village dial need -its own building. Sometimes we end up working in a
vacuum, he said, people don't know or don't care what goes on in
their. neighborhood. Four or five meetings have been held on this
matter. If the newsletter was inadequate, it did serve the purpose of
getting the message out. Residents have to come here to let the Board
know how they feel, and their ideas should definitely be shared.
Attendance at Board meetings is usually not very high, Trustee Ravich
continued, but just having these residents here tonight has proven
valuable. This Board will come back with more information and some
recommendations and the issue will be discussed further. Hopefully,
even more residents will attend future meetings and help the Board
decide the appropriate action to take.
Trustee Ravich then thanked the residents for attending tonight' s
meeting and thanked them for their thoughts. He continued by thanking
Mr. Conroy, personally, and said that the Board might avail itself of
his expertise.
Trustee Filipowski thanked everyone personally, privately and
publicly who thanked him for having an open mind throughout these
discussions. He 'then thanked everyone for being at the meeting and
for helping the Board make a decision on this issue.
RESOLUTIONS/AGREEMENTS
2. DESIGNATION OF POLLING PLACES FOR VILLAGE ELECTION (3/20/90)
On motion by Trustee Ravich, seconded by Trustee Smith, with a
unanimous vote of the Board, the following resolution was adopted:
POLLING PLACES
BE IT RESOLVED, that at the next Village Election,
being held on March 20, 1990, voting machines owned
by the Town of Rye shall be used; and be it
FURTHER RESOLVED, that if said voting machines are
not available, the use of paper ballots is hereby
authorized; and be it
FURTHER RESOLVED, that the polls in each of the
seven Election Districts shall be opened at 7:00
A.M. in the morning and .remain open until 9:00 P.M.
in the evening of said day; and be it
FURTHER RESOLVED, that the polling places be, and
they hereby are, designated for the respective
Election Districts as follows:
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00.1 e1J
� January 9, 1990
#20 Port Chester Middle School Main Lobby
#21 Port Chester Middle School. Main Lobby
#22 Blind Brook High School Main Lobby
#23 Ridge Street School Gymnasium
#26 Port Chester Senior High School Lobby
#27 Ridge Street School Gymnasium
#29 Ridge Street School Gymnasium
By Order of the Board of Trustees
Village of Rye Brook
Salvatore M. Cresenzi, Mayor
Jean A. Marra, Deputy Clerk
January 9, 2.990
3. COMLY AVENUE - REVISED SUBDIVISION MAP
SET PUBLIC HEARING DATE FOR JANUARY 23, 1990
On motion by Trustee Filipowski., seconded by Trustee Smith, with a
unanimous vote of the Board, the following resolution was adopted:
AMENDMENT TO APPROVED SUBDIVISION MAP
LARIZZA/CAPOCCI - COMLY AVENUE
SECTION 1, BLOCK 11, LOTS 3 and 2
RESOLVED, that a Public Hearing will be held by
the Board of Trustees of the Village of Rye Brook
on Tuesday, January 23, 1990, at 8:00 P.M. , at the
Village Offices, 90 South Ridge Street, Rye Brook,
New York, to consider the relocation of a property
line by amending the Approved Subdivision Map for
the premises located at Comly Avenue and known on
the Tax Assessment Map of the Village of Rye Brook
d be it
as Section ]., Block 11, Lots 3 and 2, and
FURTHER RESOLVED, that the Clerk is hereby
authorized to publish said legal notice in the
Daily Item, the official newspaper of the Village
of Rye Brook.
The following items were then placed on the agenda for the January
23rd meeting:
PUBLIC HEARINGS
1. COMLY AVENUE - REVISED SUBDIVISION MAP
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January 9, 3.990
RESOLUTIONS/AGREEMENTS
i
f2. CHECK REGISTER AUTHORIZATION
APPROVAL OF MINUTES
3. DECEMBER 12, 1989 and JANUARY 9, 1990
I
MISCELLANEOUS ITEMS
Bernard Klem, Chairman of the Planning Board, asked if the PUD
Legislation could be placed on the next agenda and the Mayor said he
was waiting for comments from the Village Attorney. Once those are
received, the matter will be scheduled.
Mr. Heller suggested that the Noise Ordinance be removed if it's not
going to be enforced.
Mr. Donald Brown mentioned that a few cars were parking on the
sidewalk along King Street. Those sidewalks are only two inches
think and eventually they will crack. He also noted that sidewalks
along Lincoln Avenue were not being shoveled after a snowstorm.
ADDITIONAL AGENDA ITEMS
1
Castle View Court - Street Dedication
2.. NYS Retirement System - regarding former Village Attorney
3. Tree Committee - Appointments
4. Westchester County Airport Expansion - Resolution
5. Traffic Commission Recommendations - Signage in Country Ridge
ADJOURNMENT
There being no further business to come before the Board, on motion
duly made and seconded, it was unanimously resolved that the Meeting
be adjourned at 10:30 P.M.
Respectfully submitted,
c�1.L✓+ti Uj. �/P//CdiLit.Ct�
Jean A. Marra
Deputy Village Clerk
Jv1
1990
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