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HomeMy WebLinkAbout1992-02-25 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING FEBRUARY 25, 1992 8 : 00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS (CONTINUATION) 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 3 . DECLARING THE CANDIDATES FOR VILLAGE ELECTION - MARCH 17, 1992 4. CHECK REGISTER APPROVAL OF MINUTES 5. DECEMBER 17, 1991 6. JANUARY 14 , 1992 WRITTEN COMMUNICATION 7. FRANCIS L. FILIPOWSKI RE: BOND REFERENDUM FOR RYE BROOK MUNICIPAL POOL. NEXT MEETING DATE AGENDA MEETING - MARCH 10, 1992 REGULAR MEETING - MARCH 24, 1992 003 :14) MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK FEBRUARY 25, 1992 CONVENE MEETING Mayor Cresenzi convened the Meeting at 8:00 p.m. and the Pledge of Allegiance followed.. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele R. Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Robert J. Ravichwas. not in attendanceat this meeting.. Also present were: Christopher J. Russo, Village Administrator. Lori Ann DeMarco, Ass't to Village Administrator- Rocco dministratorRocco V. Circosta, Director of Public Works Edward F. Beane, Village Attorney Joseph Cortese, Village Treasurer Elizabeth. Czajkowski, Secretary to Village Board. - 1 - 003146 February 25, 1992 COMMENDATION POLICE OFFICERS: ROBERT MANCINI STEVEN GORALICK Mayor Cresenzi read a memo from Acting Chief John. Beltramello, which explained that a shooting took place on. February 23, 1992 at approximately 3:50 a.m. in Port Chester. A radio transmission was received which described the vehicles. involved. Officer Mancini and Officer Goralick, on a V & T stop at the time, very alertly observed the vehicles passing by them and gave chaste. The Officers handled a very dangerous situation in a highly professional. manner in which no one was hurt, despite the fact that the perpetrators were armed. Their conduct resulted in the arrest of: four (4) individuals for various felony charges. Acting Chief Beltramello further stated in the memo that. at considerable risk to themselves, these Officers displayed conduct that brought personal credit to themselves, to the Rye Brook Police. Department, and to the Community that they serve. Mayor Cresenzi then presented a. Commendation to both Officer Robert Mancini and Officer Steven Goralick for outstanding service to the Village of Rye Brook, and for heroi:sm: displayed on February 23, 1992 in the conduct of their duty. The Village Board congratulated the two Police officers for a job well done. Mayor Cresenzi then stated that the Board would deviate from the Agenda and discuss Item #7 next. WRITTEN COMMUNICATION 7. FRANCIS L. FILIPOWSKI RE: BOND REFERENDUM FOR RYE BROOK MUNICIPAL POOL. Administrator Russo read a letter from Francis L. Filipowski. regarding a request for a Bond Referendum for the Rye Brook. Municipal Swimming Pool. Mayor Cresenzi suggested that. Attorney Beane address the issue of a Bond Referendum from a legal point of view. Attorney Beane stated: that unfortunately, both Case Law and the New York State Statute are very clear. They conclude that a Town or a. Municipality cannot submit a resolution to a referendum for public. opinion. The Board of Trustees has a specific duty to take an affirmative action. and the public has no right to petition for a referendum for a public opinion poll as to whether or not to build a pool. That determination must be made by the Village Board.. - 2 - 0034 February 25, 1992. Attorney Beane added that if the Village Board takes unequivocal. affirmative action by adopting a resolution to proceed to construct the pool and by adopting a resolution to finance it through. a bond. issue, they would then, at that point call for a public permissive referendum to determine. whether or not that project will proceed_ For example, a particular Board. passed a resolution that said that if a public. referendum supports the acquisition of a particular piece of property, the Board will. then vote to acquire that piece of property and finance the acquisition through a bond issue. The court said this could not be done because they conditioned the acquisition of the property to harm public opinion. code: and there isno statute authorizing this. Any such refe-rendum could be blocked. by appropriate legal- action: that would have to be started before the referendum and even if it was, taken it would, not. be valid as the Board would- still. need to take action. Frank Filipowski of 260 Betsy Brown Road, stated that they were not here to find out what they cannat: do. He stated that thus far, he has only heard the words "not" and "no". They made a presentation to the Mayor and the Board of Trustees saying that there is a sizeable. number of residents in the community who are looking to find out "yes" or "no" whether or not this community is in favor of a pool. The Village. Board must take. two steps. First, pass a resolution concerning a bond. for a municipal pool facility and second, call for. a referendum. for the Village: to vote on this. This is all about what the Board can do for the Villagers. Mr. Filipowski added that they are present this evening in the hope the Haard. will. set up a vehicle for truly finding out what the residents want in this community. John Haley has done quite a. bit of research and has also spoken to people in Albany. Attorney Beane stated that there are three steps., not two steps, and according to Attorney Beane, Mr. Filipowskileftout a. very critical. step. What this Board can do: and must do is one, pass a resolution. to proceed to build a pool. Two, pass a resolution: authorizing that pool to be built through. financing and then three, call for a Public. Referendum. This cannot be done solely farseeing what the public wants. This Board must take- a position and say they want a pool and how it will. be financed. before having a referendum. John Haley of 215 Betsy Brown. Road.,, stated that one and two could be. combined. Attorney Beane stated that there is a case specifically on point where a Village made that very mistake.. Mr. Filipaws'ki. stated- that the Village. should give them an answer rather than. 10 minutes of "no.'s" and "not's". Attorney Beane. stated that the Board must pass two resolutions, one. authorizing the pool., the second resolution authorizing that pool to be financed through. a band and the third resolution calling for a referendum.- That is how it must he done.. - 3 - 003148 February 25, 1992 Mr. Haley, who is also a member of the former Pool Committeewhich. has now finished it's job, stated that the Board can certainly pass the initial. steps with the clear intent that they are going to hold a Public Referendum_ No one can. possibly misunderstand that the Board- is taking a position either, for or against the pool_. They are just. doing it for the purposesof holding a referendum. There is an enormous interest in the Village for a pool and the. Board should take an affirmative action. Mayor Cresenzi. questioned how the Pool Committee would educate. the Community in regard to the issue of a. Muni.ci.pal Pool- Mr. Haley stated that there could be Public Meetings, and residents. could either campaign for or against the pool. Attorney Beane stated that he did. not wish to get into a legal discussion., however the Village does. not want. to have a. referendum and find out it is no good. We also do not want a lawsuit that the referendum gets thrown out. The Board must affirmatively approve the project and the financing before going to a referendum.. Mr. Haley stated that the Boardcantake the affirmative action with the intention that they are also. redeemed of their effort by having a referendum.. Attorney Beane stated that is correct. but the key is:, the Board would then be on record. as "pro pool" and if the referendum: comes out negative then that is it. Courts want it made clear that they don't want. the Board basically saying that they will do whatever the public wants done. Mike 9tolzar of 19 Rockinghorse Trail., and also a member of the Planning Board, stated that we have an intelligent Community, Village Attorney and Village Board. Between the three, a proper resolution can easily be prepared and the Community will then understand. the. reasons why the Board is doing something is to give the community the opportunity to express it's will in a democratic fashion so that nobody will be confused. and it will all. be: done in a legal manner. Ken Heller of 22 Lincoln Avenue, stated. that there should be a public hearing before all this discussion so that the total. community can. be notified. Mr. Filipowski informed Mr. Heller that in 1966, the Town of Rye did. a survey and spoke: of the need for a swimming facility in the Town. on November 18, 1986, Frederick P. Clark did a study and the report came out in July of 1987 which showed that the number one thing that people in this community wanted was a swimming pool. and a recreation. center. This issue has been around for many years. If we don't start making a request and finding out where we are going it will be 1996. 4 0V314J February 25, 1992 The Pool Committee made a presentation to the Village. Board on November 26, 1991 and for some reason that. has not gone anywhere, Mr. Filipowski. added.. The Recreation Department sent out a needs survey a year ago December but nobody dial anything with that survey. Let's look into this. and. find out if we are going to he able to have a municipal pool or if we should look into. joining the Westchester Country Club:, Baliwick or some, other facility. If there is. a pool facility in the. Village, perhaps the number- of children would go up in day camp registrations rather than. having pay astronomical. prices to send their children to other daycamps. Lets not keep putting this off. Mayor Cresenzi stated that. The Pool Committee. presentedtheirideas. to the Board an November 26, 1991. The reality is that the month of November and December: is a wash due to Hanukkah., Christmas., New Year's and school vacation. They then. sent a letter dated January 29, 1992, thanking the Village for approving funds to hire Mr.. Raffaelli.. as the Village's pool consultant:. Three weeks from that letter we now have received a letter requesting a bond referendum. resolution without having: any discussions or meetings in between. Mr. Heller stated. that he was never referred: to so many times by one person. He recognizes the fact that there have been studies before, however he did not feel that the Board should vote on this: tonight. without giving the residents the right to learn. what is being voted on. Donna Krausman of 6 Candy Lane, stated that. our community has grown very much since it's formation. in 1982. and if we would like to. keep up with other commxnities: we must be able- to offer things to residents. what do we really offer. We want to he selling our homes for astronomical prices like. Scarsdale, Chappaqua and Armonk. For the amount of taxdollars: which it will cost the residents, which. is. very minor it would he one more thing that the Community offers for: people thinking of moving to Rye Brook_ It really doesn't matter who will use the pool, as the property values. of everyone in. the community will go up substantially and will appealmoreto those people with children who are looking to purchase homes.. A pool tied. into a daycamp or a. commini:ty center is something that willl add to. the growth of our community, and to the resale value of our homes'.. Don Brown of 5 Bishop Drive South, stated. that back when this- community was new, it was originally supposed to be run on $30,000 a. year. This community, cannot go ahead and speak of this without. putting a. notice in the newspaper regarding the topic of a municipal pool. If this meeting was. published we would have had to hold the meeting at the Port Chester Middle School as there would be quite a bit of opposition.. 5 - U U 3_aa a:a:J February 25, 1992 Mayor Cresenzi stated that the Newspaper was given an Agenda Packet which included Mr. Filipowski's letter. The Letter was part: af the. Agenda Packet as a written correspondence: to be discussed at. the Meeting. Sandy Zinman of 10 Holly Lane, stated that there are two. sides to every issue however it is important that we pursue this with urgency. we have already invested a large amount of money an studies. and now we should go forward and decide which way the Village is going to go on this. ❑ave. O'Brien of 8 Lee Lane, stated that he is opposed to the pool. but agreed with Mr. Heller that there should. be a Public Hearing so that all residents can make their own derision. Susan. Gordon of 11 Candy Lane, stated that she. has been living in the Village for four yea-rs and before moving in the community was told that in. the next few years there would be a Village Pool. She. has been on. a- waiting list for Baliwick for two years and there are no: pools around the area.that are a. reasonable amount of money. Ms. Gordon added that whatever the Village must do to speed up the process, they must. do. Harry Krausman of 6 Candy Lane, stated that there is no main street in Rye Brook that: people can socialize and. bump into their neighbor such as Rye's Main Street. There are many services. that are available to Village residents that. not everyone uses. We know that: 100 percent of the Village will. use this pool. The Village must realize that for the members of this community the pool will increase the property values andcauseoutside people to be interested_ He added that we cannot rely only an our school system to keep property- values up. Marie Lanza. of 46 Roanoke Avenue: inquired. the amount of the bond. and how many households there are in the Village. Mayor Cresenzi stated that: the Bond would. be in the area of 2.1 million and there are approximately 2,800 homes in. the Village_ Mr. Filipowski explained that the average assessment for a home. in. Rye Brook is $12,300. The average amount of money the pool would cost the taxpayers is $40 a year for a period of 20 years. Gloria Blvona of 279 South Ridge Street, stated that she is. one of the members of the Senior Citizen Center in the Village who live on a fixed income from pensionand social security. Everything that causes taxes to go up effects. them. She stated. that she has lived here, all her life and has no intention of bringing up the property value of her home for resale purposes as she is content to live: here. She also questioned why the. Village needs four pools- - 6 - UO3-151 February 25, 1992 Ira Morrow of 5 Castleview Court stated. that the Board should give the. Village the right to vote which will determine who is more in favor. Let the Democrati:c. Process go through and let the Village. decide. This derision should not be in the power of the five people that make up the Village Board when there are eight thousand people- in the Village. Mayor Cresenzi stated that the five people that make up the Board were elected by the Village residents.. He added that. Attorney Beane's position is an appointed one and Trustee Ravich is out of Town and not able- to attend the meeting this evening. It is the job of the Village Board to represent the whole Community and to not take. sides but to hear the feelings of both sides of this issue and treat: everyone fairly. Whenever there is a. vote, the loser should. at least feel that they were respected and treated fairly. We cannot. just set up an advisory referendum.. The minute we approve, vote the resolution or fund the: clock is ticking. If that. passes in the. referendum, the pool gets, built. Mr. Haley questioned if there was support for a referendum, would. the Board want to go ahead and. do this or consider it for another three years. Trustee Soloman stated that Mr. Filipowski. inquired the same in a phone conversation a. few days ago and he replied that he would. have. no problem with an advisory referendum. should it be legal- and not. bind the Village in any way. We could then make a decision based on what the residents prefer. Since that telephone conversation, I have found outthat we cannot do this without binding ourselves to a 2.1 million bond. Trustee Solomon also stated that he was elected by the Democratic process not to be a "yes" man, having people tell him what they want done without- first doing his. homework. He only received this. report in the end of November and has not been given a. chance to do any homework. He received a letter from- the Pool Supporters thanking the Board for hearing their presentation and a short time later he received a letter demanding that the Board. pass a Bond Resolution. Today he was given something that said. "Splash.". Trustee Solomon added that he. had no idea. that the PooL supporters were going to be: in attendance at this evenings meeting. He has. done nothing else butthinkabout. this pool report. He has not had time: to check into tha site they have: chosen and whether or not it can sustain a pool. No core. samples. have been taken. and we do not: know what is under the ground. We may have additional expenses if there is solid granite. underneath the ground in Rye Hills Park or if we have to fill in cellars. We also need to think about Senior Citizens. who are on fixed incomes. The Frederick P. Clark Study only suggested one. pool-, not four- He is on record in the last Election that he is not for this particular proposal.. Trustee Solomon concluded that he would like a chance to perhaps come up with an alternative to this four pool proposal.. Mr. Haley questioned if Trustee Solomon felt the. Board should decide this issueon it's own or go to public referendum. - 7 - 003152 February 25, 1992 Trustee Soloman stated that, in his opinion, this is an issue that. the Board will not decide an it's own. Mayor Cresenzi.. stated that if the residents want a pool and it is passed in. referendum then the. pool will he built, no matter what the Village Board thinks. Until today, no one fully understood. the complete process. The information must be given to all. resiidents. We also need a reasonable dollar amount to put outan a resolution._ It may end up being more than 2.1 million dollars.. Trustee Solomon stated that suppose after core samples are completed.: we find that the site chosen is not sustainable.. Wheredowe go from there? Mr. Haley stated that the, core samples are not that. costly. He added that he would also. be very much in favor of having. a Senior. Citizen: discount available an the membership. Trustee- Solomon stated that. having been a lifeguard and worked at pools and beaches, he knows that Seniors have a prablem with. any pool. that is under 85 degrees. I£ we are having four pools, why not make: the fourth pool heated. All of this should be looked into. Mr.. Haley suggested that Mr. Raffaelli. would. happily come back and. speak on all. of these issues. Jack Mendelson of 2 Dorchester Drive, stated that he has lived here for 16 years and has heard talk about a pool during this time. He, is in favor of a pool because he uses. one: daily. He knows a little. about pools and feels that everyone is repeating: themselves this evening. Proposals should be shown to the residents to. give everyone a better idea of what is going on_ Mr. Fildpowski stated that in November when Mr. Raffaelli was here he presented a pool feasibility report to the Board of Trustees. The. Pool Committee also presented a report_ These reports are an file at: the Village office. "Bombard Chris Russo!" in order to farm an. intelligent decision you need to see the reports. There is one other thing as a point of education. Mr. Filipowksi inquired how much money the Village will he contributing toward improving the. A...J.P. Center. Mayor Cresenzi stated that the. Village will be contributing $2.50,000 from the Recreation Trust. and Agency Fund. Mr. Filipowski stated that. there will be:: no increase in taxes. This is primarily for the senior citizens. For 146 Seniors they willbe getting $250,000.. Trustee Pellino stated. that the A.J.P. Center is a Community Center and is to be used by all the citizens of Rye Brook.. Trustee Filipowski stated that he did. not believe that there is any other group or groups that matches the total. senior support of the 146 that this lady used here tonight.. _ 8 _ j Uu3�.ea:� February 25, 1992 Marcia Rogull of 65 Talcott Road and a member of the Recreation Commission, stated that. Mr. Fillpowski should understand that the number of seniors is only 146 because. we do not have a large enough facility to accommodate more because of the fire. restrictions.. It is a revenue bearing: community house. and is used by the seniors, daycamp and also people outside of the community. TrusteeSalomonadded that the total number of Seniors could well, be 250 - 300 seniors now that the building will. be accessible to them.. Trustee Pellina stated that with it's utilization as a community center it will also be used 12 months a year, not 3 to 4 months a. year. ,Tames Crowley of 17 Brook Lane, statedthatthe leaders of the community should take a. leadership position and move this issue along. This has been an ongoing issue. The community will speak in due time and Randy will get his answers_ to the temperature of each pool. Trustee Solomonstated that the important thing is to find out exactly what the cost would bean this.. This does not take into account hidden expenses.. If we have a referendum and then find out. that the amount may be 4 million dollars rather than 2.1 million that is a big difference. He added that he would like the opportunity to. look into this subject. more. Donna Krausman. stated that the community must vote on this. She questioned haw much time Trustee Solamon. needed to read anal. research.. She would like a time frame,.. She also questioned when we: can have a Public. Meeting addressing: the residents with. the price and. what type of pools we are planning.. Trustee Solomon stated that the Village Board did not give the pool committee a time period to come up with their report, which took them two years to prepare. The Board has not. even had a monthto review, the proposal He also stated that care samples must be done. Donna Krausman stated that care: samples can be completed within a week. Mayor Cresenzi stated that to do core samples you need an engineering layout to determine: where the cores- take place and a drill. rig. The. cores need to be analyzed and the whole process would cost around: $12,000 to do. He explained that what Trustee Solomon is trying to get across is if the ground is not suitable for some reason there would be additional engineering costs.. Trustee Solomon stated that if we vote to go ahead with a 2.1 million. dollar: pool and the community votes for it on. a. referendum, we are locked into 2.1 million dollars._ If the proper studies aren't done to make surae that casts will not go up we will end up with half a pool built andno money left to complete the project like the situaticn: in the City of Rye. Donna Krausman stated that she felt the Board was stalling. - 9 - 003154 February 25, 1992 Trustee Solomon stated that he has not stalled but has in fact been. reading the report since he received it. Trustee Pellino stated that. this. Board only found out the legalities. in regard to a Bond Referendum. this evening.. He has no problem giving the Community more information regarding: this proposal. and. then taking a position as. to whether to go forward,, but to. comment that the Board has been stalling is wrong.. Mike Stolzar stated that this conversation is becoming ugly. This issue should be decided in a referendum. No one here. expects that when this discussion is over a resolution. will be adopted. A number needs to be arrived at so that residents. can. vote accordingly. The way to proceed is to have the appropriate resolutions on the Agenda at an upcoming meeting and also the pressure. of knowing that on X date we are going to really have to decide one way or the other. This will help get everyone's questions answered. When we have deadlines we meet. them. Sid Brandy, an 11 year resident. of 344 Betsy Brown Road, stated that two questions have been raised as to whether the reports of the engineers are realistic and what the costs: are, Onca the figures are. determined, we can then have a Public Hearing and deadlines can he set. Annie Erner- a 4 year resident of S Candy Lane, questioned whatcanbe.. done to get the core samples. finished and obtain the $12.,.000 needed, to do so. Mr. Haley stated that the work that Mr. .Braudy is suggesting has been done already. We have a very solid. ea.timate of what it would cost to. build the pool. In regard to core samples,. Mr. Raffaelli could not do them as it was not inciuded.. in the amount of money the. Village was: paying him, however he recommends that they be. done. Mark. Bestak. of 75 Country Ridge Drive stated. that. he has been to two meetings regarding the pool. and stated that his children go to the Purchase Day Camp which is very expensive_ We have to make sure that we do not hurt anyone in the process._ We should. not spend money on plans and digging until we have an idea. as to what we want. Another Village Meeting would just be repetitious unless. all the. information is included. Mayor Cresenzi stated everyone has had the right to speak and stated . that Attorney Beane can put. together for the. March 10, 1992. Agenda. some draft material regarding resolutions and. procedures to. put on the regular Board. Meeting in March. He suggested. that the Pool. Committee and members of the Village Board sit down and go over, numbers and see if we can fine tune the cast estimates. as best as we. can so that we willhavea more accurate_ number to deal with._ - 10 - 003156 February 25, 1992 Trustee Pellino stated that it would be a good ideaforany meeting that the Board has: with the Pool Committeeto be in the form of a. Public work session. so that any interested parties can. hear the discussion. However, no other public. input would be permitted at that session.. Ken Berman of 20 Mohegan Lane, suggested that the Village hold their next Board Meeting either at the. Port Chester Middle School or somewhere open to the Public that. would better facilitate a large group of people. The meeting should be open to the public with questions, with a formal. preseatation. by the Pool. Committee to the community.. ,john Grzan. stated that he came to the meeting to find out information_ regarding the municipal pool and now realizes, that the ball- is in the Village Board's court. Our neighbors volunteered their time. to do a study and presented the report to the Board. He has not made his. mind up as to whether he. is in favor of the proposed pool or not. He suggested that everyone. should. look at the report as: he is going to: Look at it himself. He stated. that we. should. go by majority rule.. Mayor Cresenzi stated that in reality, once. we get the answers we. need the decision willbeput in the. hands of the people. In order for the Board to do anything, we must feel comfortable with the. decision.. Trustee Solomon assured everyone that this, Board is not. dragging their feet on this issue. We are going to look into every available. option to get this to a point where the community can. decide what is the best thing to do. Mr. Heller stated that if a person does not intend to stay in this community for X number of years then they should not vote for a. pool- as oolas they will not he here to help pay for it. We only have several public parklike locations in Rye Brook. The people here this evening do not attend every Board meeting so they don't realize the other needs this Village has. We have discussed in the past, the possibility of the Village buying their own Village Hall.. We have a. number of projects in this community that are more important to other residents than a swimming pool. These. pools will also be limited to three months of usage. Mr. Filipowski stated that this. Village Board has appointed many committees and the Pool Study Group formed by itself. The members of our pool study group will be available next Tuesday if the Boardcan. obtain. a. larger facility to hold a meeting. Perhaps we should ask. the candidates what their position is before the Election of March 17 and not wait until. March 24, which is the next. regular Board Meeting,, when the election is over. The. Board. should. let the voters know where they stand on this issue. - 11 - 000.156 February 25, 1992 Mayor Cresenzi stated that threats: do not. work and we do not need to be reminded. as to who put us here, like you did in the memo that the Board received, because. we are very well aware haw we arrived here.. Not one. of us. this- evening said that they are opposed. to a bond referendum however we must ask. ouraelves what is the. sense of going out and bonding 2.1 million dollars if we need more.. Many questions need to be answered before we make any decisions. As far. as. March 24, 1992, that is our regular meeting date. The Village Attorney has. been asked to prepare draft material for the agenda: meeting, that can be included. far the. March 24, 1992 regular meeting. There is no. hidden agenda here.. If the Board prefers, we can change the date of the regular Board meeting to March 16, 1992_ We just want to get the correct information. out:_ Donna Krausman questioned. what. wiLL be done. at the meeting of March. 10, 1992.. Mayor Cresenzi stated that draft material will. be put together. We are not sure where we will hold the meeting at this time. Trustee Pellino stated that we will. have dates for public. hearings, workshops etc, on March 24, 1992 Trustee Solomon stated that. when this: Village Board gave the charge. to the Pool Committee to research a pool, they did not give them a time frame to prepare a pool study. He personally takes offense to comments of the Board having: putting these issues off. He has a job: to think. of the entire Village. Donna Krausman stated that it takes a lot longer to put together a study then to read. the results. Trustee Solomon stated that it does not. take a long time to gut together public workshops. Mayor Cresenzi stated that on the loth., the Board will decide where the next meeting will be held, if we will have Mr. Raffaelli present, and if we will have presentations, etc.. Trustee Pellina questioned how much notice Mr. Raffaelli would need to attend a Meeting on March 24, 1992. Mr. Filipowski_ stated that he was not positive but he would. contact him and secure him for the: March 24, 1992 meeting.. Paul. Levinson of 312. Betsy Brown. Road, questioned the one. page information. sheet, which is a summary of the Pool Committee report' and if it could be mailed. to each resident of the community. Mayor Cresenzi. stated. that he is not aware of such a document, however once it is given: to him, he could discuss. the idea with the Board. He also suggested thatwe could have the meeting put on cable TV, ask the newspapers to publicize it or have a special mailing. - 12 - 00315i February 25, 1992 Trustee Solomon. suggested that we couldputthe summary sheet on cable also, even if it takes up two slots.. There being no further discussion, Mayor Cresenzi reconvened the Public Hearing dealing with Northeast- Networks, at 9:45 p.m. PUBLIC HEARINGS (CONTINUATION) 1. NORTHEAST NETWORKS., INC.. INSTALLATION OF A. FIBER OPTIC NETWORK WITHIN THE. VILLAGE. OF RYE. BROOK Paul. Sirignano, attorney for Northeast Networks, stated that he. understood. that they have a. long way to go with the Village of Rye Brook regarding coming to an agreement, however, he requested that- the Public Hearing be closed and. the. item be brought to a vote on a preliminary basis so thatbothNortheast Networks_ and. the Village can have an understanding as, to where they will proceed on this. Mr'. Sirignano stated that such. an approval would. allow us to proceed to. the New York. State Public. Service Commission.. We have received the. same approval in Harrison. In spite of last week's Public Hearing where many issues were raised, we have narrowed the issues to be worked on to two issues. Trustee Daly addressed Administrator Russo in. regard. to the Meeting: on Friday and inquired if proper questions had been answeredin regard to this: matter. Administrator Russo stated that all the concerns were defined and.. they relate to the franchise document itself. By no means would- we. follow the lead of Harrison and, "Carte Blanche" approve what- they decide to approve. He explained. that what Northeast Networks was requesting was. that we conceptually look at the project as being' positive and welcome it conditioned. upon the terms. of a franch'is'e. agreement, as they are Looking to get it through the Public Service Commission process.. He questioned the Village Attorney what would. be- necessary in such a. vote keeping in mind that we don't have a. franchise agreement worked out.. Trustee. Solomon stated that at the moment he could not join. a. formal. vote, however theconceptis great_ He would. like to see hookups. for the Village and the Schools_ He has spoken to AT&T, Nynex and. MCI trying to absorb anything on fiber optics. The pamphlet isvery informative. He feels that he has not had ample time to study everything in order to give an intelligent answer. He would prefer to keep the hearing open and accept comments from the floor. - 13 - 003158 February 25, 1942 Mr. Sirignano stated. that he understands: that wemust sit down and. negotiate an agreement however we are only seekinga. vote from the Board saying that they are interested and. want a Fiber Optics Network, here in Rye Brook and we will sit down. and negotiate an agreement. Trustee. Solomon inquired. if we could give approval. in. a non-binding' way. Attorney Beane recommended. that the Board not give approval this evening. He spoke with Mr. Sirignano earlier- today- and explained.. that the Village did not want. to close the Hearing and give a general, non-binding. conceptual approval with many conditions which. will really not help Northeast because. the Public Service Commission are not idiots_ He stated that they need the. framework of an. agreement. and until we do so he is not comfortable giving a conceptual approval. We have had this in different context with: different projects and the Village. has: never done that.. He. recommended. that we hold this over untiL March 24, 1992 and in the interim. sit. down and work. conditions: out with Northeast.. Trustee Pellino stated that. conceptually, he is in support of. the. Fiber Optic Network, conditioned upon the: type of agreements we come. to, however we. should not agree to. anything when Last Thursday, A Northeast Attorney, Mr. Pierro, stood before the Harrison Town Board. and an the. record:,. in public, stated that. he was considering not utilizing the Rye Brack portion and dropping our Village. Why should- we take the time and, the effort to go forward with this when we don't even know if Rye Brook is definitely going to be used_ Mr. Sirignana explained that we need to know where, we stand. in Rye Brook so we can. finalize our plans. If Northeast is not going to use Rye Brook then we will. concentrate our efforts elsewhere. Mr. Simon., President of Northeast Networks stated that as you know, lawyers cost a lot of money and every time we come. here it is. very, expensive. although. we do want. to hear what is going on. in the community.. In reality, approving something like this in a. non-binding way does allow us to have a good feeling to move ahead. with the Village of Rye Brook and expend that money and. time,. They currently have the same approvals from a number. of Communities as well as approvals from the Public. Service Commission regarding those. communities.. In addition, to work with the utilities (NY Telephone and Con Edison) and to receive the right-of-way, it takes quite some time. It takes months to receive all of these approvals.. We would_ like to start construction as soon as.. possible. We are not going tc drop Rye Brook as we want very much to da: business here_ We also. want to share our revenues- with you and- we feel that. what we are offering. is a very fair. package. We want to have a partnership arrangement with the communities that. we are involved with as. well as Westchester: County as a. whole_ 14 - 00315) February 25, 1992 I Attorney Beane stated that .he has not seen any of these non-binding resolutions from any of these communities and it is his understanding that Harrison has: not given any type of approval as of now. If yom are looking for a general. positive consensus; yes we can give you. that but a non-binding resolution is almost a contradictian of. terms. If there is. a document that you have taken to the Public. Service Commission that. they said is. sufficient to. start the application. process, we would like. to review that document:. Mr. Simon stated that they provided dacumantation. in November and Attorney Beane should. have copies of the resolutions that were passed- by assedby Elmsford, Tarrytown and Harrison_ They are non-binding, the warding is one paragraph which states that the Village or Town. approves the. Fiber Optic. Network in. concept.. This was sufficient. to. take to the Public Service Commission- Attorney Beane. stated that. his; understanding was: that Harrison has: not given any type of approval. Mr. Simon. stated that Harrison. gave their approval four months ago although they have not. signed a franchise agreement_ Trustee Solomon. stated that both. the Village Administrator and Village Attorney do not have these eonceptaal. agreements and neither do any of the Board members... If we had these agreements in front of. us tonight, you might have walked out of here with a conceptual. agreement. He added.that they- need to see: the warding of these conceptual agreements:.. Mr. Simon. stated that the other municipalities never needed to see example agreements.. We asked- for a non-binding resolution approving- the Northeast Networks concept: and they will. work towards an. agreement.. Trustee Salomon stated that he would like to see the warding. Trustee Daly stated that she would not have a problem saying that she. agrees with the concept and. that it is a passibility that we might be able to work with these: people. This would not bind us to anything.. Attorney Beane stated. that if Mr. Sirignano could fax- him a copy of the resolution that Harrison and Tarrytawn. passed, it would be a great help. The Board, if they agree, can this evening authorize. the. Mayor to sign a non-binding resolution., the form being acceptableto. the Village and that can happen as quickly as we receive the approval. Trustee Pellino stated that he would feel better authorizing the Mayor to. sign. a document at a later date subject to the approval of our, Village Attorney. Mayor Cresenzi stated that it would not tie Northeast to a meeting date as it would be something that could be worked out with Attorney Beane starting tomorrow. - 15 - 00316U February 25, 1992 Trustee. Pellino addedthat perhaps the resolutionshouldmake it. clear that the approval. is non-binding and. that construction or any otherpreparation of the system in the. Rye Brook portion does not go forward until a franchise agreement has been signed. Mr. Simon agreed stating that the intent is not to goalong with. any construction, they only need to seek approvals and: save: them time,.. Attorney Beane stated that based on. his ability to review the- resolutions heresolutions and sere what, has been done in the other communities, he is comfortable with. working something out that accomplishes. the purposes of everyone.. He added, as a response to. a comment made. by Trustee Pellinc, that he does not want to find out down the road that. Rye Brook is going to be dropped. from. the loop.. Mr. Simon stated that he would not have come here this evening or- worked with Rye Brook for these past months if: it was his intent to drop Rye Brook. Aa for the comment made by Mr. Pierro, I will attempt to address that as I cannot speak for Mr. Pierre. That evening at. Harrison was very chaotic.. Trustee Solomon stated that it is. unfortunate. that Mr. Pierro: made- such a statement, however itis good enough to hear from Mr_ Simon, the President of the Company, that he intends to work with Rye Brook. He has no problem with the. Mayor signing a non-binding agreement._ On Motion made by Trustee Solomon, seconded. by Trustee Daly, the Public Hearing was closad. at 10:15 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE. TRUSTEE- SOLOMON VOTING AYE. MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT Mayor Cresenri directed Attorney Beane to. prepare. a conceptual. agreement with Northeast Networks. td be presented for approval at the. March 10, 1992 Village Board of Trustees Agend'a. Meeting. 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". Administrator Russo stated. that there are a few issues that we need, to take care of before adopting Local Law #1-1992. We need to put in a more detailed, thorough Plumbing section on the procedures to deal with licensing and Mr'. Circosta will he drafting something for the Board. He added that we want to get this adoption done as soon as possible and perhaps we couldadoptthis at. the agenda meeting in March.- - 16 - 003ILI I February 25, 1992 On Motion. duly made. and. seconded the. Public. Hearing: was- adjourned. at 10:20 p.m. to be carried over to the March 10, 1992 Agenda meeting.- TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE. MAYOR. CRESENZI. VOTING AYE TRUSTEE. RAVICH ABSENT RESOLUTIONS 3. DECLARING THE CANDIDATES FOR VILLAGE. ELECTION - MARCH 17, 1992 On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was: adopted: RESOLUTION LEGAL. NOTICE. DECLARING THE CANDIDATES FOR VILLAGE. ELECTION MARCH 17, 1992 VILLAGE OF RYE BROOK RESOLVED, that pursuant to the provisions of the New York State Election. Law, that the following four candidates have. been nominated. to filltheposition of Mayor (1) and Trustee (2) for a two year term: of office in the Village Election. to be held on March 17, 1992. between the hours of 7:00 A.M. and 9:.00 P.M. For Mayor: Salvatore. M. Cresenzi 13 Holly Lane Rye Brook., NY 10573 For Trustee: Alan. Bayer 177 Betsy Brown Road . Rye Brook, NY 10573 Michele. R. Mendicino Daly 9 Phyllis Place Rye Brook, NY 10573 Gary S. Zuckerman 29 Hillandale Road Rye Brook, NY 10573 and be it - 17 - 003162 February 25, 1992 FURTHER RESOLVED, that voting willtake place at the following places. designated. by the Village of Rye Brook Board of Trustees as the Palling Places. for Registered Voters residing within the limits of Rye Brook.: District 20 Part Chester Middle School Bowman Avenue (Main Lobby) District 21 Part Chester Middle School. Bowman Avenue (Main Lobby) District 22 Blind Brook High School. King Street (Main Lobby) District 23 Ridge. Street School North. Ridge Street (Gymnasium) District 26 Part Chester Senior High School Neuton Avenue (Main Lobby) District 27 Ridge Street. Schoal. North Ridge Street (Gymnasium) District 29 Ridge Street School. North Ridge Street (Gymnasium) TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE. SOLOMON VOTING AYE. MAYOR CRESENZI VOTING AYE, TRUSTEE RAVICH ABSENT x x x x x 4. CHECK REGISTER On Motion made by Trustee Peilina, seconded by Trustee Daly, the following resolution: was. adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks,,, representing payment for services: rendered, have been submitted. ta. the Treasurer-`s Office for payment. and have been. certified. to by the Village Administrator. On-Line Checks: #3951-4117 Hand Checks.. #9967-9981 Payroll Checks: #6127-6242 - 18 - 003163 3 February 25, 1992 NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims andauthorizes payment thereof_. TRUSTEE. DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE. MAYOR CRESENZI VOTING AYE. TRUSTEE RAVICH ABSENT APPROVAL OF MINUTES 5. DECEMBER 17, 1991 6. JANUARY 14, 1992 Trustee Salomon and Trustee Daly had various questions regarding the minutes so both sets were not approved at this meeting. On Motion made. by Trustee Solomon, seconded by Trustee Pellino, the following resolution was adopted_ RESOLUTION ARROWWOOD OF WESTCHESTER ANDERSON HILL ROAD DEDICATION OF SEWER LINE SECTION 1, BLOCK 3, LOTS. SA, 5B., SC & 6 WHEREAS,. by Resolution dated- March 26, 1992, the Board of Trustees. granted Subdivision and Site PlanApproval- to the Developer, Carol. ManagementCorporation, with respect to property located an Anderson` Hill Road, and also known on the Official Tax- Map of the Village of Rye Brook as Section 1, Black 3, Lata 5a.,. 5b, Sc & 6. WHEREAS, pursuant to the provisions of the Subdivi:sion. and Site Plan. Approval., the Developer was requ'ired. to construct sanitary sewer lines within easements appurtenant theretc as shown in accordance. with the approved plans and. specifications. and. the. Developer alsa. was. required to past a Performance Bond in favor of the Village of. Rye Brook to secure construction of said sewer limes in conformance with said plans and specifications.; and 19 - 0003 A. 641 I I February 25, 1992 WHEREAS, a Performance bon e 522 .143 was posted and d in the amount of. $ thereafter a portion of. said. sewer line was constructed in accordance: with the approved plans and specifications, and said partial- construction. artialconstruction. was approved by Director of Public Works on. or about: September 1991; and WHEREAS,. by Resolution. dated October 2.2., 1991, the Board of Trustees. accepted the dedication of said. sanitary sewer line in accordance: with the terms and conditions thereof, which terms and conditions included the condition. that the: Deed of Dedication of said sewer- line. in a form approvedbythe Village Attorney he executed by the Developer and presented to the Village within. forty-five (45) days of the date of said Resolution; and WHEREAS,. by a subsequent Resolution., the Village extended the Developer's time to execute and present the Deed of Dedication- to the Village; and WHEREAS, notwithstanding the Developer's good. faith efforts to comply with said. eondition, it has been unable to do so to date due to unforeseen circumstance's. NOW, THEREFORE, BE IT RESOLVED, that the Developer's time to execute. and present the Deed. of Dedication to the Village be extended for an additional three. (3) months until. May 28, 1992; and be. it FURTHER RESOLVED, that the terms. and conditions. of all prior resolutions adoptedby the Board of Trustees with respect to the Subdivision and Site Plan. Approval and Dedication of Sewer Line shall_, remain. in full force and effect except as specifically modified by the terms of. this: Resolution.. Attorney Beane stated that thetitle company raised a discrepancy- with the metes. and bounds: description_ TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE. TRUSTEESOLOMONVOTING AYE MAYOR CRESENZI VOTING AYE TRUSTEE RAVICH ABSENT Trustee Solomon stated. that. at a previous meeting he questioned, if there was anything the Village could do to invest differently to get more dollars for our money. He has been doing some research, and- came ndcame up with a municipal attorney that he would like the Board to meet. He has done work. for municipalities and found ways` far them to invest in things that are sound. and adhere to State guidelines. - 20 - i 00 3 1.60 i February 25, 1992. Joseph Cortese, Village Treasurer stated. thet. he would be happy to meet with this gentlemen, however he has also looked into some. alternatives in terms. of finance. and the only areawherea higher rate of return would be realized are: repros.. Repros are secured.with. a third party, meaning an individual third party is holding security' as collateral to these investments. They are not as clean as a security that is secured: by stacks or bonds... Anything that puts you. at a higher rate willput you at a higher risk_ Trustee Solomon stated that he has not spoken with. this gentlemen personally, but was only made aware of his. presence.. He would just like to have the Village Administrator and. Village Treasurer meet with him and then inform the Board as. to whether or not his ideas. are. Legitimate- Administrator Russo egitimate..AdministratorRusso: stated that: they have noproblemmeeting with him. as he and Mr. Cortese have discussed. Repros. many times before:. It may mean a change in the investment policy to something more risky. Mr. Heller stated that in regard to repros, there. have been a number- of cases in the last year of municipalities. taking them over: and. there not being any money at a11_ They are not very safe and not. the, way to go. Mr. Cortese stated that he recently heard. that it has gone as high, as 7% for limited periods of time.. Mr. Heller stated. that. we had. a full house here tonight and the Board- had oardhad a great dealofbusiness. that was: on the Agenda. The majority of people that: were here this were only here for their special interest and disregarded the important issues such as Local Law, #1-1992 which. - is far more important for- the future: of this com unity than a swimming pool. The community is not educating itself and taking advantage of attending this meeting These people have not lived here for many years and do not know or care about Rye Brook.. They are not taking the time to find what: the. overall. community needs and.. do not care enough to sit here meeting after meeting and. find out what other items: are on the Agenda. Don Brown. stated. that. the Village Board should go by what they print. The agenda should he followed more strictly. Mayor Cresenzi. stated that the Board: members suggested he follow the. Agenda this evening, however he opted to address items out of order.. Frank Filipowski statedthat in. reference to the amazing comment that: Mr. Heller made about everyone being here for a special interest and: then all leaving, perhaps if people felt their voices were heard by this Village Board., maybe: they will came back for the nifty gritty- that you want them to be: here: for. The Board must show themthat they listened and responded. - 21 - 4/49 n.3 ,". U i February 25, 1992 Mr. Brown stated that when we get into the swimming pool idea, take money and. get the information out to the people. If we can spend money for a study, we can certainly spend money to better inform the people. Also, if this pool idea should ever go through., make surer that it is so written that those who use it pay for it. It may cost more for a year round. pool., however we would have more people using. it. Mr_ Heller stated that we should have a contingency fund and use the pool as, a profit maker. Trustee Pellinc stated that he phoned the. Buildi.ng Department . regarding a resident who phoned his home an Wednesday, to inform him how mad she was after spending a long time separating her recyclables and garbage and then saw it all. thrown into the garbage_ Mr. Circosta stated that. there have been. times when the carting company collected recyclables with a. rear packer. If it was commingled we will check it out. NEXT MEETING DATE AGENDA MEETING MARCH 10, 1992. REGULAR MEETING - MARCH 24, 1992 ADJOURNMENT There being no further discussion, Mayor Cresenz.i adjourned the meeting at 10:30 p.m. Respectfully submitted, Elizabeth Czajkowski Secretary to the Village Board - 22 -