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HomeMy WebLinkAbout1992-01-28 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING JANUARY 28, 1992 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS 1. NORTHEAST NETWORKS, INC. INSTALLATION OF A FIBER OPTIC NETWORK WITHIN THE VILLAGE OF RYE BROOK 2. ADOPTION OF LOCAL LAW #1 - 1992 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK". RESOLUTIONS 9. APPOINTING ELECTION INSPECTORS VILLAGE ELECTION MARCH 17, 1992 4. SETTING GRIEVANCE DAY BOARD OF ASSESSMENT REVIEW FEBRUARY 18, 1992 5. AMENDMENT TO LOCAL LAW #7 - 88 ENTITLED: VEHICLE AND TRAFFIC LAW 6. BUDGET MODIFICATION 7. CHECK REGISTER APPROVAL OF MINUTES 8. NOVEMBER 26, 1991 MINUTES OF A REGULAR MEETING 0311 BOARD OF TRUSTEES VILLAGE OFFICES VILLAGE OF RYE BROOK JANUARY 28, 1992 8:00 P.M. CONVENE MEETING The regular 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 Joseph Pellino Trustee Robert. J. Ravich Trustee Randy Solomon Trustee Michele R. Daly was not in attendance at this meeting. Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Edward F. Beane, Village Attorney Rocco V. Circosta, Director of Public Works Joseph Cortese, Village Treasurer Elizabeth Czajkowski, Secretary to the Village Board - 1 - i 00 311 January 28, 1992 PUBLIC HEARINGS 1. NORTHEAST NETWORKS, INC. INSTALLATION OF A FIBER OPTIC NETWORK WITHIN THE VILLAGE OF RYE BROOK Mr. Paul Sirignano attorney for Northeast Networks, Inc. stated that they are seeking a preliminary approval from the Board of Trustees regarding the installation of a fiber optic network in the Village of Rye Brook. This approval is essential in order to enter into the necessary utility agreements with the company. In addition, approval is being sought from the New York State Public Service Commission. He then introduced Mr. Arthur Simon, President of Northeast Networks, Inc. Mr. Simon stated that the system will be installed using utility rights from New York Telephone and Con Edison. The municipal approvals are needed prior to working out agreement arrangements with the utility companies. The system will primarily be for business communications within the Village of Rye Brook for reliable telecommunications service. The system will provide a loop around 287 from Tarrytown to Rye Brook and back again. In the event of a break in the communication line, it will automatically switch over and provide two circuits for the price of one for major companies that utilize this service. Trustee Pellino questioned where the loop closes and if the Village of Port Chester and the City of Rye will be included in this loop. Mr. Simon stated that there is a three loop system emanating from White Plains through Tarrytown and back again; from White Plains through Harrison over to Rye Brook, then it turns around and comes back into White Plains. Mr. Simon explained that Rye is in favor of it, however, there are not many businesses in Rye other than on Midland Avenue, so another loop would need to be created. He also stated that in Rye Brook they plan to go up into King Street where the Executive Parks are located. Trustee Salomon inquired if United Hospital would be included. Mr. Simon stated that it is a possibility, however, that was not in the initial plan as it is very expensive to build these systems and there aren't enough businesses to make it cost effective to do that. He stated that they have plans to expand this system in the future. Trustee Solomon questioned if Mr. Simon anticipated any profits. Mr. Simon replied "no", explaining that we are offering a percentage of the gross not of the net so the Village would not have to be concerned with that. We look upon the municipalities that we are going to be working with as partners, the better we do, the better the municipalities will do. We hope that the Village will work with us over the many years that we anticipate doing our, business here and help us and themselves to grow. This can also lure businesses to the Village, helping the tax revenue base. 2 - �)0 4 January 28, 1992 Trustee Solomon questioned if Mr. Simon had references, financial reports or any other documentation that the Board could review as to what this company is all about. Mr. Simon stated that he did not have this information with him tonight, however, he could forward any information the Board requires. He further stated that tonight they are only seeking a preliminary approval, subject to working out a formal agreement. In the formal agreement all the requirements of the Village Board will be specified. Mr. Simon added that it would be in the best interest of the Village Board to work with Northeast Networks as long as they do things correctly. Trustee Solomon questioned if we give a right-of-way to Northeast Networks, does this mean that if any Fiber Optic Company come-sL in here, we have to give them the right-of-way also? Attorney Beane explained that the Village of Rye Brook would grant- approval rantapproval subject to entering into a formal agreement and subject to a resolution that would be tied to that formal agreement. This would indicate the Village's approval, conditions and responsibility, and guarantee, with respect to the performance of functions, not to physically injure any property of the Village, etc. By approving this resolution we are not allowing them to start digging up the ground, this is only a conditional approval. Administrator Russo stated that Harrison and Tarrytown have given their approval to the project so far and White Plains, Greenburgh', Rye and Rye Brook are still in the process. In discussing this with the Rye City Attorney, we concluded that all the municipalities should have a meeting and put together a suitable agreement that would cover all points. Mr. Simon stated that they are 99% finished with a formal franchise agreement with Harrison which they expect to be the model agreement- for greementfor all of the municipalities involved to work from. Mayor Cresenzi asked Mr. Simon to describe the installation procedures to be followed, whether they are above ground, underground or both. Mr. Simon stated that where utilities have telephone and utility poles, they would be using them. If the underground conduit is available to us we will use that. In the event of no telephone poles and no conduit, we will put in new construction underground, subject to the approval of the Department of Public Works. The agreement that was prepared should be ready within two weeks. The last three issues were just worked out at the Harrison Public Hearing. 3 - January 28, 1992 031,10 Mr. Benvenuti, 27 Westview Avenue questioned the size of the cable to be used. Mr. Simon replied that the cable will be less than one inch, probably half to three quarters of an inch depending upon which cable they decide to use. It is only fiberglass with light going through. Mr. Simon explained that New York Telephone tells us that we are not to install above the Nev York Telephone cables and we do whatever they say. If we use lead cable we need to be thirty inches away', but for non lead cable we carr be thirty-seven inches away. Mr. Benverruti stated that from Westchester Avenue to Main Street in Port Chester we currently have many different cables. How much more can we install. Ken Berman of 20 Mohegan Lane stated a line is being created in the main of the Village of Rye Brook. If he was a Doctor in this office building, who pays for the installation. Mr. Simon stated that Northeast Networks is paying for all of the installation into a building if it is cost effective in the interim. This means that if you have one voice rate telephone line and you have to spend fifty thousand dollars to bring that line in we can't afford to do that. Mr. Berman questioned the criteria for moving a line from the street to the medical building. Mr. Simon stated that it depends upon the amount of traffic. Mr. Berman questioned who would determine that. Mr. Simon stated that his company determines the amount of traffic and the New York State Public Service Commission stated that all Northeast Networks needs' to provide is the informational tariffs because they are pro-competitives and want other alternatives. Mr. Berman questioned if the Village would like to have cable in a building that doesn't quite meet the criteria of Northeast Networks, what would happen. Mr. Simon replied that it could be negotiated. His company would like to serve and work with the Village. PeterBernbaum of 5 Acker Drive inquired as to Mr. Simon's experience in this field and questioned where the money is coming from to finance this venture. 4 - January 28, 1992 Mr. Simon stated that they are a private company which was incorporated in October of 1990. They started business on February 1, 1991. As the president of this company Mr. Simon has been in the alternate access telecommunications business buildingnetworks such as this for the past 12 years. His background extends from Xerox Corporation to Manhattan Cable Television providing major business entities in Manhattan with this type of service. Also, he became Vice President in charge of telecommunications for American Express. He has been in many magazines explaining the pro-competitive nature of this business. Funding of this project will be by Northern Telecomm, which is a multi billion dollar equipment manufacturer which is according to Mr. Simon, the largest equipment manufacturer in the United States. Northern Telecom is lending us 8 million dollars and is also providing the equipment and fiber optic cable. Also, we are negotiating with AT&T credit corporation who is also lending us a great deal of money. Goldie Solomon, a Port Chester resident, questioned if they will be paying property taxes. Mr. Simon stated that they will be paying real property taxes and also will be giving the Village a percentage of their gross revenue. Mrs. Solomon questioned how many roads will need to be opened up to install these cables. Mr. Simon stated that very few roads will be opened up and prior to building anything, they must provide the Village with all pertinent information. Mrs. Solomon stated that as soon as the Village paves their streets, another utility digs up the road, patches the road and then potholes develop which destroy the cars. Mr. Simon stated that they will guarantee that any Village road they dig up will be repaired as good as new. Trustee Pellino stated that within the loop, the commercial community in only a particular part of Rye Brook is going to be included. This franchise is supposed to be for the whole Village so that if we are to agree to this, the whole Village will have to be franchised. When it comes time that the businesses in the Northern section of Rye Brook would like to be included, will you cable down from King Street to Ridge Street to connect into the loop or will there be some other arrangement made. Mr. Simon stated that for the companies on King Street, they would wire up and cable up there. They would draw up plans for that area showing the Building Department where and how they intend to build. - 5 - January 28, 1992 Mr. Pellino questioned if they needed to enter into separate negotiations with the Public Utilities for the right of way between this part of Rye Brook and the Commercial Community up there. Mr. Simon stated wherever we use their poles and/or underground conduit, we would need to apply for the use of them. There are phases which involve a search, to determine availability, also a substantial amount of money is paid to examine the poles and the underground to determine what work needs to be done to make it safe and habitable for all of the cables we plan to install. Trustee Pellino questioned if their definition of gross revenue was pure gross and not less the installation costs. Mr. Simon stated that all ongoing service, including monthly revenues, that provide conmun:ications are considered gross revenue. In the event that we charge a company a thousand dollars a month and five hundred dollars for an installation fee, the thousand is an ongoing recurring revenue. Trustee Pellino questioned if individual customer installation was included in the gross revenue. Mr. Simon explained that he was correct, however it is a very small amount. Trustee Pellino stated that he was also concerned with the inconvenience the construction may cause to the residents. He inquired what type of assurance can be made regarding the residents, as the area in which construction will take place is residentially populated. Mr. Simon replied that they will do all they can to minimize inconvenience. When they have to put the cable on the poles, they will work as close to the pole as possible to control and minimize disruption to residents. Trustee Pellino also questioned what impact the installation of overhead systems would have on overgrown trees. In years back, Con Edison has been laid back on the pruning of trees around electrical wires and telephone installations. Should the need for trimming become necessary, what procedure will take place. Mr. Simon stated that they would trim the trees as it is also in their favor. Con Edison owns the poles however we will take care of the lines that we install. Don Brown questioned what street this loop is on. Mr. Simon stated that the loop would stop at the General Foods building at this point. It all depends upon our customers. - 6 - January 28, 1.992. Mr. Brown stated that all the main office complexes are either an Tipper King Street or Anderson Hill Road.. Mr. Simon stated that they will eventually go up King Street. Ken Berman questioned if Northeast Networks has installed any systems yet. Mr. Simon replied "No", reiterating that Northeast Networks is a new company. Mr. Berman questioned what the time span was from the day they start to the day they finish. Mr. Simon stated that the system will never be finished because at any time they could get an order to hook up a new customer. Mr. Berman also questioned when they hook up General Foods, will they nay Northeast for the hook up. Mr. Simon stated that his company pays' for' the installation for the cable into their building. Every time they hook up their private branches, phone systems, computers, etc, they are charged a small fee. Other companies such as New York Telephone, pay a very large fee for the same hook up. Mr. Brown questioned if they have negotiated with General Foods for a hook up. Mr. Simon replied "no," explaining that their major customers are AT&T, MCI and US Sprint. They already provided long distance service to General Foods and what they do is contract with usand negotiate so that they have an alternative. AT&T, MCI, and Sprint want alternatives as currently they have only one option and that is New York Telephone. New York Telephone is very busy and cannot guarantee service right away while Northeast Networks will be able to accommodate these customers. Peter Bernbaum questioned if the organization is large enough to give these customers this type of prompt service. Mr. Simon stated that the organization has not yet started business and is starting from scratch. Mr. Bernbaum questioned if the Village of Rye Brook will be getting particular services such as access to the loop for the police Department as part of the consideration for. their giving the right of-way to this project. Mr. Simon stated that they have not entered into any of that and felt that giving the five percent of the gross revenue would be, more than fair because as you know, when the cable companies first were starting out, they promised everything and delivered nothing. Northeast Networks wants to promise and deliver. - 7 - January 28, 1992 0 0 3 LI J Trustee Solomon suggested that they think about connecting our schools which are relatively close by because it would be a hook up for the future. Mr. Simon stated that he had no problem with that but we need to ask ourselves how much long distance traffic access do the schools need. Trustee Solomon stated that he spent the last two days speaking with officials in Harrison, Tarrytown, Elmsford and White Plains. They all agree in concept with this proposal but are waiting for Harrison to make an educated decision. White Plains stated that they have not heard anything from Northeast Networks as of now. Mr. Simon stated that the White Plains Planning Commission has unanimously recommended approval and are now working with New York Telephone to provide for the right-of-way underground. They are waiting to hear from New York Telephone. Trustee Solomon stated that Harrison officials stated that they were discussing 7% rather than 5% which Northeast said was not feasible. Why not consider 6% ? Mr. Simon stated that they cannot consider anything over- 5% as they would never be able to survive. Mr. Solomon stated that one of the municipalities was under the impression that Mr. Simon was intending to sell off this loop somewhere down the line to another company. Mr. Simon stated that there is nothing in the works, however in the future, if he was made an offer and could double his money, he would, as that is the American way. , He would certainly hope to remain with the system as this is his livelihood and enjoys this business. Trustee Solomon stated that he would like to see this proposal referred to the Cable Commission. Mayor Cresenzi suggested that they adjourn the Public Hearing to the February Village Board Meeting so we can gather more information and meet with the other municipalities to discuss the proposal. Mr. Simon stated that he had hoped to receive approval for the franchising concept because it is subject to working out a franchise agreement as we have done with Harrison. As far as referring this project to the Cable Commission, we have nothing to do with Cable Television. Mayor Cresenzi stated that he personally would not refer this proposal to the Cable Television Commission, however he would not recommend the Board approve anything this evening without the thirty day discussion and review of the information that we are still waiting for. _ S _ January 28, 1992 Mr. Simon stated that he would be happy to help the Village obtain any pertinent information. His attorney has been providing Attorney Beane with updates. The latest version of the agreement with Harrison should be finished within the next week. in the agreement it says that we will supply all municipalities with all of the agreements as we are not trying to hide anything. Mayor Cresenai stated that he understands, however this is a new concept and we need to make sure that the Village's best interest is protected. Trustee Ravich questioned if there is any information that could be made available at the same time as the Harrison Agreement with respect to the financial liability as a new company. Mr. Simon stated that he could provide a letter of intent from Northern Telecom stating that they are going to lend us money. Attorney Beane questioned if the eight million dollars is in cash or equipment. Mr. Simon explained that the letter of Credit is for cash and we will purchase some of the equipment from it. Tt is also for construction monies, and part of the agreement is that we are bound to purchase some of the equipment from them. Attorney Beane questioned what protection is provided fur municipalities in the event that this concept fails and is stopped. Mr. Simon stated that in the agreement there are provisions which protect the municipality. Tf the system is abandoned, Northeast Networks is bound to dismantle or the Village takes ownership. Attorney Beane questioned if Mr. Simon would be prepared to put up performance bonds or- an irrevocable letter of credit so that the money is available to the Village to dismantle or to fix things. Mr. Simon stated that it would make it uneconomically viable to put up that kind of money. Northeast Networks is a new company trying to build a multi-million dollar network. They will provide insurances, but it is more important to take monies that could be used to supply services and purchase equipment. Attorney Beane stated that many developers say the same thing and the Village has to be very careful. Mr. Simon stated that in the event something happens to his company, our lenders, which are billion dollar companies will then take ownership of the system and will then be the provider of services. The only thing that would be abandoned would be the cable on the utility poles which would not even affect the village. - 9 - 7anuary 2.8, 1992 Mr. Simon thanked the Board for the opportunity to speak. On Motion made by Trustee Pellino, seconded by Trustee Solomon the Public Hearingwas adjourned at 8:55 p.m. to the February 25, 1992 regular meeting. W W W W W 2. ADOPTION OF LOCAL LAW #1 - 1992 ENTITLED: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS AND CERTAIN RESOLUTIONS OF THE VILLAGE OF RYE BROOK INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF RYE BROOK". Mayor Cresenzi opened the Public Hearing at 8:55 p.m. Attorney Beane stated that there are many residents present this evening that are concerned with a misunderstanding regarding boats in the Village of Rye Brook. We have not rewritten all of our laws. We are just putting them into a Code book and making various corrections. We had a series of Public Hearings where changes were indicated to conform with County, state or Federal Laws that had been changed after the time that these laws were initially enacted. Tonight we are going through all of the final changes which are a result of the comments made at the various Public Hearings. The issue on boats is a total misconception. The law states that you can't store a number of things which includes boats on your property, except as provided for in the Zoning Code. The Zoning Code includes a number of specific requirements that have always been there. We are in the process of revising the Zoning Code which is not part of this Public Hearing. Whatever rules exist with respect to boats will continue to exist. We will give very careful study to this problem. George Poulos of 125 Country Ridge Drive stated that he would like to commend the Village Staff for being so helpful when he came by the office earlier today. He stated that he did not understand why the words: "boat or boat trailer" were added to the new code if they do not plan to change the law. Attorney Beane stated that they added those words because there was an area of confusion. The Village's position all along is that the ability to store boats and boat trailers in the residential area is subject to the Zoning Code. In order to conform to it we added those words. We are not changing anything or trying to sneak anything by the residents Mr. Poulos stated that this change has created confusion as he knows a person who has had a boat in her backyard in the Winter for twenty years. All of a sudden these words were added and people are worried. - 10 - �)(? 122 January 28, 1992 Attorney Beane stated that they should not be worried because their boats are not being stored illegally.. In order to conform to statutory construction, which means to have the laws make sense when compared to other laws, it was suggested to us by General Code Publishers that we make these changes. The change is not intended to ban anyone from storing a boat who previously had a right to store their boat. Attorney Beane stated that anyone who is interested in this section of the Village Code can leave their name with the Village Clerk and they will be involved in the process when reviewing the Zoning Code. Trustee Solomon questioned if we could change the Zoning Law in regard to this subject and how. Attorney Beane stated that we could change this by amending the Law. Mayor Cresenzi stated that we have had at least five Public Hearingsregarding the Village Code. Tonight we are seeking feedback on the changes that were made during the five meeting's'. The purpose of this hearing is to gather information. This will not be the only meeting regarding this section of the Code. A resident who has a boat in her backyard asked if years from now will the law be changed not to allow her from having the boat in her backyard. She added that in Greenwich, there are no restrictions from having boats in backyards. Mayor Cresenzi stated that any legislative body can change the rules at any time so what is okay today, in ten years, another' Board can decide to change. we cannot bind any future Boards from making changes. Trustee Ravich stated that whenever a law is going to be changed, it is done so in Public Hearing. Mayor Cresenzi stated that the Public Hearing is publicized in the westmore News and the Daily Item, on Cable TV and on the bulletin Board in the Village office. Attorney Beane already offered to meet with those individuals who feel strongly about this subject. Trustee Solomon stated that the Board is very well aware that this is a waterfront community. He added that he would never vote to stop residents from taking their boats out of their backyard in the Winter and the rest of the Board will state their positions when the time comes. A resident questioned Section 388 with regard to lot area. - 11 - January 28, 1992 003123 Attorney Beane stated that it is under the Zoning Code and Trustee Pellino is a member of the Zoning Code Update Committee, so if you have a problem with that law, please address Trustee Pellino. Mayor Cresenzi stated that those who are interested in the boating issue should make a list of names addresses and phone numbers and leave it with any member of the Village Board and Attorney Beane will arrange a meeting to review this with you. Attorney Beane continued the Public Hearing explaining the twenty' six changes that have been made. Sections 1-1 to 1-11 were added enabling the Village to adopt this Code. Article 4, Section 4 we changed the word "determine" to "recommend". Chapter 35, Section 3 provides for a uniform time limit for public notice. It was increased from 5 days to 10 days. This will help all residents to be better informed of a Public Hearing in a timely manner. Chapter 83, Section 3 was changed to permit handicapped or disabled persons to ride or propel a bicycle upon the Village's sidewalks. in regard to construction and blasting, the time period was changed to cut off construction at 7:00 p.m. or dusk, whichever occurs first. Section 87, which has to do with explosives, now has a new provision that says it is unlawful to store any explosives or detonating devices of any kind on site overnight, except for covering material which is not an explosive. in section 126-2b we deleted the word cane. This law has to do with the discharge of firearms or explosives. For some reason the word cane was in the same section as BB guns, cross bows, etc. so we deleted it. Chapter 130, Section 5 deals with federal flood maps. We added language to make clear that the flood zone would be defined by the latest and most recent applicable federal maps. Section 134; which has to do with the licensing of firms to collect solid waste in the Village, now requires the firms to have insurance and furnish the Village with a certificate of insurance and to name the Village as an additional insured, which gives the Village greater protection. - 12 - 003124 January 28, 1492 Section 162, regarding the installation of oil burners, we added the words "gas" and "gas related equipment" to make it clear that whether you install the gas burner or the oil burner, you need to comply with New York State Code and this is subject to the approval of the Department of Public Works. Section 156-4 is the famous boat section and we deleted the word "hitch" which was a suggestion made during one of our Public Hearings. In chapter 2.09, Site Plan Review, we added language that made provisions to compensate or reimburse the Village for the cost of doing expert studies. This would enable the Village to make those unreimbursed costs a lien on their properties so that if developers' abandon a site plan or sub division in the middle of it the Village can be reimbursed. Section 219-R was added to include certian guidelines for Planning Board members to participate in educational training, Tn Chapter 219-42 our Director of Public Works added specific design standards regarding curbing, curbing material and other road standards for the installation of roads either in site plans or sub divisions. In Chapter 224 which. deals with Swimming Pools we deleted sectionsi that have to do with using chlorine or other chemicals as it is beyond the Village's authority to supervise that. We added language to section 14 permitting residents to use a solid fence or. at least four feet in height as a substitute for screening by shrubbery. The last section is a Chapter entitled "Fees". It is a collection of all the fees from different Village Laws into one Chapter known as A 257. We have an up-to-date fee schedule for each of the following subjectareas: Alarm%, Excavation, oil and Cas burning' equipment, Vending Licenses, Rooming and Boarding Houses, Site Plan Review, Subdivision Review, etc. .. Attorney Beane stated that other than that, this Code is nothing more than a compilation in a single document of all of the laws' of the Village of Rye Brook with the exception of the Zoning Code. Trustee Pellino stated that in regard to training of Planning and Zoning Board members that there should be a provision included in the duties of the Chairpersons of these two Boards to see to the adherence of that training policy. Attorney Beane stated that with respect to the Planning Board, this could be added in, however the Zoning Board is not a part of this. - 13 - 00312 January 28, 1992 Trustee PellinO stated that he was concerned with the fact that as years pass there will be other Boards and perhaps another Administrator and the resolution must be enforced. Attorney Beane recommended to add an additional provision which would specifically address that. Goldie Solomon questioned how often the Code will be updated. Attorney Beane replied that whenever a new law is added or' a law is changed General Code Publishers publishes replacement pages. Administrator Russo stated that the whale process was a five year process which cost us about $110,000. The Code Book will be sold to Engineers or Lawyers who work with the Village. The Zoning Code, Subdivision regulations and Vehicle and Traffic Law will still be in pamphlet form for individuals who may not need the entire Code. Don Brown questioned if we still have a Law that states that the homeowner maintains out to the curb. Mayor Cresenzi stated that this Law is still included and is still being enforced. Mr. Brown suggested that someone should take a ride down Icing Street near the High Point Hospital because the grass has not been cut in ten years. He also questioned when they are going to clean the wood and the pile of junk from the lot at the compost site. Administrator Russo stated that the Village is keeping some Compost to use for their own purposes and the remaining will be out of there in the next couple of weeks, as we are awaiting to replace some parts on the equipment that is used to move it. Mayor Cresenzi stated that the stumps will be removed. Mr. Martinetti questioned if we were going to continue dealing with the Agenda. Mayor Cresenzi stated that we would, however normally he deals with questions as they come up. On Motion made by Trustee Pellino, seconded by Trustee Revich the Public Hearing was adjourned at 9:40 p.m. until the February 25, 1992 meeting. * * rr xe - 14 - 0031ti 6' January 28, 1992 RESOLUTIONS 3. APPOINTING ELECTION TNSPECTORS VILLAGE FLECTION MARCH 17, 1992 On Motion made by Trustee Ravich, seconded by Trustee Solomon, the following Resolution was adopted: RESOLUTION VILLAGE OF RYE BROOK TNSPECTORS OF ELECTION BE TT RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be two (2) Inspectors of Election for each Election District in the Village Election to be held on March 17, 1992 from 1:00 A.M. to 9:00 P.M. ; and he it FURTHER RESOLVED, that the following Chairpersons and Inspectors of Election are hereby appointed: #20 Marion Meyer 71 Bowman Ave. PCMS 939-2886 #20 Connie Pennucci 525 Ellendale Ave. PCMB 939-42.23 #21 Vinnie Marcucilli 180 Fairview Ave. PCMS 939-685.3 #21 Beth Bandy 11 Lincoln Ave. PCMS 919-5334 #22 Rita Messina, Chair 808 King St. BBHS 937-1647 #22 Barbara Minnitte 814 King St. BBHS 939-9021 #23 Judy Uhry, Chair 1.9 Rock Ridge Dr. RSS 997-129:5 #23 Robert Adler 6 old Oak Rd. RSS 937-9008 026 ,lean Mendicino, Chair 81 Hillcrest Ave. PCHS 937-5315 #26 Mildred DiSanto 151 North Ridge St. PCHS 937--5876 #27 Tnez Block 16 Old Orchard Rd. RSS 997-2910 #27 Annette Alimena 440 No. Ridge St. RSS 937-2595 #29 Joseph Nardi 1.0 Woodland Ave. RSS 939-8164 #29 Patricia Pagli 19 Elm Hill Dr. RSS 997-5320 and be it FURTHER RESOLVED, that the following Alternate Inspectors of Election are hereby appointed: Jeannie Rifkin 107 Lincoln Ave. 937-6115 Charles Otto SO Bonwit Rd. 939-1195 Mary Ann Shea 66 Woodland Ave. 937-3587 Betty Greta 3 West Street 939-5491 and be it - 15 - January 28, 1992 0031.27 FURTHER RESOLVED, that compensation for each Inspector of Elections- shall be in the sum of Eight ($8) dollars per hour. By Order of the Board of Trustees Village of. Rye Brook, NY Salvatore M. Cresenzi , Mayor Christopher J. Russo, Village Clerk January 28, 1992 Mayor Cresenzi questioned if it was okay to have Jean Mendicino as an Inspector of Elections in District #26 when her daughter is a candidate for re-election. Trustee Solomon stated that her mother has been an Inspectorof Elections for many years and this is not Trustee Daly's first time running for election. Administrator Russo informed the Board that he will contact both NYCOM and the County Board of Elections to verify this. TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT 4. SETTTNG GRIEVANCE DAY BOARD OF ASSESSMENT REVIEW FEBRUARY 18, 1992 On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted: RESOLUTION GRIFVANCF. DAY FEBRUARY 18, 1992 WHEREAS, the tentative Assessment Roll for the Village of Rye Brook will be completed by the Assessor of the Village of Rye Brook, County of Westchester on February- 1, 1992; and WHEREAS, said Assessment Roll may be seen and examined by any interested person until the 3rd Tuesday in February (February 18, 1992) at the Assessors Office, Town Rooms, 10 Pearl Street, Port Chester, New York; and - 16 - 003126 January 28, 1992 WHEREAS, persons having objections or grievances against the assessments must file with the Assessor of the Village of Rye Brook an application for review not later than the third Tuesday in February; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Assessment Review will meet on said third Tuesday, February 18, 1992 at the Village office, 90 South Ridge Street, Rye Brook, N.Y. between the hours of 5:00 p.m. and 10:00 p.m. to consider those applications that have been filed on or before that date. TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT 5. AMENDMENT TO LOCAL LAW #7 - 88 ENTITLED: VEHICLE AND TRAFFIC LAW On Motion made by Trustee Pellino, seconded by Trustee Ravich, the following Resolution was adopted: RESOLUTION AMENDMENT TO LOCAL LAW #7 - 1988 VEHICLE AND TRAFFIC LAW VILLAGE OF RYE BROOK WHEREAS, on January h, 1992 the Village of Rye Brook Traffic Commission recommended that a parking lane be established on the east side of Lincoln Avenue between Sunset Road and Jennifer Lane. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves this recommendation in accordance with Section 11 - A of Local Law #7 - 1988 entitled: Vehicle and Traffic Law of the Village. of. Rye Brook. Trustee Pellino questioned if the double yellow line is anticipated to be in alignment with the existing double yellow line. Rocco Circosta, Director of Public Works, replied "no" explaining that we will have equal access in both directions with the parking lane. Ken Berman questioned the purpose of this. - 17 - 0031.2 January 28, 1992 Mayor Cresenai explained that with the reconfiguration of Lincoln Avenue there is now space to put some vehicles there and make it easier for the residents. Administrator Russo explained that the residents were parking there anyway on what used to be a muddy shoulder area. Trustee Soloman questioned if we are going to monitor the parking to make sure there are no traffic problems. Administrator Russo stated that problems would show up in a normal report through the Chief of Police and he will take care of this matter. TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESEN2I VOTING AYE TRUSTEE DALY ABSENT 6, BUDGET MODIFICATION On Motion made by Trustee Ravich, seconded by Trustee Pellino, the following Resolution was adopted_ RESOLUTION BUDGET MODIFICATION RESOLVED, that the following budget modification be hereby approved: FROM - TO AMOUNT 101. 1990.424 101.677.7..110 $2,500 (Contingency) (Sr. Citizens Coordinator) Trustee Solomon questioned what exactly this meant. Administrator Russo stated that this was to reflect changes that we made last ,lune in salaries and is an amount that just slipped through the cracks and was missing on the list when we made the modification to go along with it. Trustee Solomon asked if this were something that someone was entitled to in the first place. - 18 - 003133 ,Tanuary 28, 1992 Mayor Cresenzi stated that it is a repair of a mistake made and that the money was already approved. TRUSTEE PELLINO VOTING AYE TRUSTEE RAVTCH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT 7. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Ravich, the following Resolution was adopted:. RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer-'s Office for payment and have been certified to by the Village Administrator; On-Line Checks: #3723-3949 Hand Checks: #9955-9969 Payroll Checks: #6048-6124 NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE PELLINO VOTING AYE TRUSTEE RAVIGH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT Trustee Salomon questioned if we could receive with our agenda packets, a computer run in regard to the check register. MayorCresenzi stated that it is not necessary to copy such information for the Board for each meeting when a Trustee can go to the Treasurer's Office at any time. 19 - 00313 January 28, 1992 On Motion made by Trustee Ravich, seconded by Trustee Solomon, the following Resolution was adopted: RESOLUTION VILLAGE OF RYE BROOK AND LOCAL 456 TNTF.RNATIONAL BROTHERHOOD OF TEAMSTERS STIPULATION OF AGREEMENT RESOLVED, that on this 28th day of January, 1992, the Rye Brook Board of Trustees hereby adopts the Stipulation of Agreement, dated January 24, 1992, by and between the Village of Rye Brook and Local 456, International Brotherhood of Teamsters; and be it FURTHER RESOLVED, that said Agreement covers the Contract Period June 1, 1991, to May 31, 1994; and it is FURTHER RESOLVED, that the Mayor be, and hereby is, authorized to sign said Contract with Local 456, International Brotherhood of Teamsters. Administrator Russo reported that after eight months of negotiations with the Highway Department Teamsters Unit, we now have a contract settlement and a resolution has been prepared requesting the Board to ratify this settlement. This is a three year contract with the eight member teamster unit which calls for a 5% raise in each of those years and it calls for a reduction in the starting salary of $4,000 for the first two years of employment. Goldie Solomon, a Port Chester resident, stated that the Department must understand that these are very bad years and that we are in a recession. To get into escalating contracts with raises which puts the taxpayer into a very bad situation at this time, is not fair. She stated that it is time that labor and management sent people to work for the benefit of the taxpayer and freeze their salaries for a year or so, and see if this recession straightens out, and then apply for raises. People are not even able to pay their property and school taxes. It is up to the Village Board to tell the labor union that these salaries are too high. People don't pay their taxes, not because they don't want to, but because they can't. The unemployment rate is unbelievable. Mayor Cresenzi stated that controlling expenses is a high priority of the Village Board and is something that has been done on an ongoing basis. We have made staff cuts, such as the highway foremen position being eliminated. The job was distributed to Mr. Circosta and two lead men in the Highway Department. A position was also cut in the Office. We do without essential. switchboard services in order to save money. The staff in the office work out their own schedules so that someone from each Department is always in the office. - 20 - January 28, 1992 Mayor Cresenzi added that our staff works very hard for the Community, whether it be Police, Highway or Non Union staff. The members of the Highway Department are all dedicated workers. Goldie Solomon stated that there are many people who will work for less just to hold a job. Now is the time for people to freeze budgets and help their fellow man. Ken Berman of 20 Mohegan Lane stated that he works for a large corporation and people all over are being laid off. IBM has laid off 1,000 employees and General Motors has laid off 7,400 people. The unions are not only giving up raises but are also giving up their benefits in order to protect their jobs. A 5% increase three years in a row is quite a large increase. He stated that he doesn't doubt that the Village has very valuable employees, but for every employee there are 100 people that would be willing to work for less just to have a job. Mayor Cresenzi explained that when dealing with the Unions, we can go to arbitration or fact finding, where we deal with comparability- and omparabilityand average salaries around the County. Depending on the standings, the arbitrator is the one that makes the decision as to what monies .are awarded. To enter into arbitration, it costs' both the Village and the Union money. We are only dealing with a Department of eight men who keep the Village looking as clean as it does, and cover all emergencies in an exemplary manner. Mr. Martinetti of 17 Highview Avenue asked what the total amount of money the Village would be paying a year for their settlement. Administrator Russo stated that the number is approximately $13,000 per year. Mr. Martinetti stated that the Village is saving money on future employees, as they will have a lower starting salary. Mayor Cresenzi stated that two years ago the Police Contract was put through arbitration and the Village was able to get a health insurance contribution over a four or a five year period from the new Police Officers. Currently we have eight new Police Officers working for the Village. Mr. Martinetti stated that we have a two tier plan, which is great. Mayor Cresenzi stated that there was a meeting last Friday and those in attendance with him were Administrator Russo, Craig Benson from Raines and Phogrebin, the arbitrator, and the union people along with their attorney's. TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT 21 - 00,3 1 January 2.8, 1992 APPROVAL OF MINUTES 8. NOVEMBER 26, 1991 on Motion made by Trustee Ravich, seconded by Trustee Pellino the Minutes of November' 26, 1992 were approved as presented... TRUSTEE- PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ABSENT * * * * NEXT MEETING DATES AGENDA MEETING - FEBRUARY 11, 1992 REGULAR MEETING - FEBRUARY 25, 1992 Mayor Cresenzi stated that if Attorney Beane has any information on the Boating issue by February 25, 1992 perhaps we can reconvene the Public Hearing and finish that area of the Law. Attorney Beane stated that we can leave this until we really have an opportunity to sit down and study it as opposed to try to rush something through and pass the Code as is.. Mayor- Cresenzi stated that the Chief had mentioned looking into a draft law in conjunction with the new 911 system about to come on line. Mayor Cresenzi. advised Attorney Beane to try to obtain information -so that- we can discuss this with the Chief. Trustee Solomon stated that he received a note regarding us having a monthly basis bid for highest CD rates. Is there anything else by law that the Village can enter into besides CD's. Village Treasurer Joseph Cortese stated that there are other things, however they are not very secure. Administrator- Russo mentioned that the tail end of the process in soliciting our insurance is the Police Liability and Public Officials Liability which are minor parts of the package in terms of expense. We have come up with four different proposals on rates for the Police Liability coverage. We are going on the basis of not having a claim in this area since the Village's incorporation. 22 - January 28, 1992 The first proposal has a premium of $8,.372 which includes coverage for $100,000 per person $300,000 per incident and $500,000 annual aggregate. The second has a premium of $11,707 which includes coverage for $250,000 per person, $500,000 per incident and $750,000 annual aggregate. The third has a premium of $14,227 which includes coverage for $500,000 per person, $1,000,000 per incident and $1,000,000 annual aggregate. The last one has a premium of $17,600 which includes coverage for $1,000,000 per person, $1,000,000 per incident and $1,000,000 annual aggregate. Administrator Russo stated that Alan Bader recommended the third premium. The Board unanimously agreed on the third proposal. Trustee Pellino stated that our school districts budgets are going to be badly reduced and we need the input of many of the financial minds in the community to came together and try to assist the school districts in devising new ways to generate sources of revenue other than the property tax. We have spoken with Assemblyman Tocci regarding the need to assist all the school districts throughout Westchester County by introducing legislation to revamp the formula for the distribution of lottery money. Any citizens inclined to agree with this are urged to make their' feelings known to their Assemblymen and State Senators so that legislation can he moved forward. Mr. Benvenuti questioned how medical waste is disposed of behind Rye Ridge Shopping Center. Trustee Ravich stated that it is privately contracted. Mr. Benvenuti stated that approximately one month ago he was walking in the area of thee dumpster where the Rye Brook taxi- is located and there were approximately 50 bags stacked out by the dumpster. One of the bags was opened and in it were bloody rags and hypodermic needles. He contacted a Police Officer who in turn contacted Lea, the maintenance man from the Shopping Center who came and got rid of the bags. Medical waste is not supposed to be thrown into that dumpster. Mayor Cresenzi. assured Mr. Benvenuti that this issue would be. looked into. Goldie Soloman, a Part Chester resident stated that this is the Quincentennial year of Columbus and Mr.. Hroncich, Recreation Superintendent should dedicate the Rye Brook Day in June and go down in the History of the Quincentennal year. - 23 - January 28, 1992 003135 Mayor Cresenzi stated that Mr. Hroncich is currently working on Rye Brook Day and suggested. that Mrs. Salomon phone him to discuss. the Quincentennial_ Mrs. Solomon also statedthat she was originally here this evening regarding Senior Housing in the Village of Rye Brook.. Many Seniors have approached her to help with this matter. There are very long waiting lists for Senior housing in our area. She suggested a piece of property that is owned by the Village and. also suggested getting Block Grant money from Westchester County, which is still available for affordable hausing or Federal Funding., The property which is prime for Senior Citizen housing is the Anthony J. posillipo Center. on Garibaldi Place. Perhaps that property could accommodate batt[ a Senior Center and Housing for Seniors consisting of two stories of units.. That site is very convenient far Seniors as it would be easy for them to walk, to shopping,. the theatre:, the Hospital and if they have to buried, St.. Mary's Cemetery is right: around the corner. This property is also a perfect: site because it. is already off the tax rolls. These senior Citizens that would like to remain living here really have no other place to go. Mrs. Solomon also- stated that she needs support for the Port Chester Historical. Society. They have: always used the Port Chester Puhlic. Library far their meetings when they exepected more than 20 people. They are two hour meetings. Now the library has decided that they need a. certificate of insurance which is $1,000 a year which we cannot afford. Since Rye Brook, funds the Library, can the Village tell the Library that groups such as theirs should be able. to use the library without the certificate of insurance. Mayor Cresenzi stated that he agreed with. Mrs. Solomon. He stated, that the Schools also require certificatme of insurance. He added that he will pass the information along to Bruno Ponterin who is on the Board'. at the Library.. Mayor Cresenzi stated that he would be very much in favor of creating an Environmental Committee to advise the Board on. various topics from Composting to Recycling:.. He asked that in the next three weeks, the Board come up with names of individuals who might be interested to serve an this Board and. then. directed: Administrator Russo to put together some type of charter for them to follow. Trustee Solomon questioned if they could consider the Tree Committee and perhaps merge the two. Mayor Cresenzi stated that we can explore that. Trustee Pellino questioned if we are still using Steve Yarabeck... Administrator Russo stated. that he is a. consultant who we use from time to time just like Frederick P. Clark. Anthony Martinetti of 17 Highview Avenue commented an Local Law #3-88 regarding lot coverage. He looked it over and feels that little thought went into it as far as percentage is concerned- - 24 - oncerned.- 24 - 003136 January 28, 1992 Mr. Martinotti added that one can't possibly get 1,500 square feet of area in 50 x 100. They put maximum an accessary buildingss which was never done before_ Now there is a 5% maximum_ That is 250 square feet for a two car garage whichwould not hold two volkswagans. These inaccuracies must be corrected:.. We have garages down there currently which are about 800 square feet_. All lots 50 x 100 and garages tend to be built withim the existing Code if you didn't have the 5% maximum.. They could be built to everyone's satisfaction if it was in the room which is: one car garage for every 2,000 feet. Trustee Pe1Li.na stated that he would set an appointment up with Mr.. Martinotti regarding this. matter.. Mayor Cresenzi stated that this was. all reviewed carefully. The subdivision that caused the concern was Candy Lane. The complaint. was that: the parcels of land were small. and the Code allowed large homes to be built on them.. The attempt was then to, within the building envelope, limit the size of the house that. can he constructed.. Mr. Martinotti stated that Mr. Circosta will find out if he knows his Codes that you can't build 1,500 square. feet: based on this formula.. Mr. Circosta stated that the law allows you a 30% maximum coverage in a R-2F Zone. Therefore, if you. have a 5,000 square foot lot you would he allowed to build a. 1,500 square footprint. If you had. a 6,000 square foot lot you would. he allowed 1,800 square feet per' floor. Mr. Martinett;i stated that it doesn't apply just to terms. A picture is worth a thousand words., someone must see to understand. ADJOURNMENT - On Motion made. by Trustee Ravich, seconded by Trustee Salomon the. Meeting adjourned into Executive Sessi:.an at 10:40 p.m. TRUSTEE PELLINO VOTING AYE TRUSTEE RAVICH VOTING AYE TRUSTEE SOLOMON VOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE DALY ASSENT Respectfully submitted, Elizabeth Czajkaw/i ' Secretary to the Village Hoard - 25 -