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HomeMy WebLinkAbout1993-08-18 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES ¢ REGULAR MEETING AUGUST 18, 1993 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARINGS I. PROPOSED LOCAL LAW #4-1993 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO ADD A NEW SECTION 66-35 AND TO REPEAL OR AMEND VARIOUS PROVISIONS OF THE ZONING LAW AND OTHER LOCAL LAWS FOR THE PURPOSE OF ESTABLISHING COMPREHENSIVE SIGN REGULATIONS �- CONSIDERING AGREEMENT FOR FIRE DEPARTMENT SERVICES WITH THE VILLAGE OF PORT CHESTER 't 3. PROPOSED LOCAL LAW #5-1993 ENTITLED: A LOCAL LAW AMENDING CHAPTER 158 NOISE ORDINANCE OF THE CODE OF THE VILLAGE OF RYE BROOK TO ESTABLISH HOURS I DURING WHICH CONSTRUCTION EQUIPMENT MAY BE OPERATED RESOLUTIONS i 4. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND j 5. APPROVAL OF SUBDIVISION DONALD L. MESSINA & PAUL MESSINA 808 KING STREET/SECT. 1, BL. 7, LOTS 3114, 31159 3C4 & 3C5 6. RISK MANAGEMENT SERVICES, INC. 7. AWARDING CONTRACT #9307 MULTI-CHANNEL DIGITAL RECORDING COMMUNICATIONS SYSTEM 8. AWARDING CONTRACT #9308 TRAILER MOUNTED LEAF LOADER APPROVING PERFORMANCE APPRAISAL SYSTEM DEVELOPMENT & DESIGN OF TRAINING PROGRAM lU. APPROVING EMPLOYEE ASSISTANCE SERVICES 11. APPROPRIATION OF FUNDS/H.V.A.C. ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION 12. APPROPRIATION OF FUNDS/GENERAL CONSTRUCTION ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION 13. APPROVING FULL STOP SIGNS 14. CHECK REGISTER APPROVAL OF MINUTES 15. MAY 11, 1993 MAY 25, 1993 JUNE 8, 1993 WRITTEN COMMUNICATION 18. ANTHONY J. SCHEMBRI POLICE COMMISSIONER, CITY OF RYE RE: THANK YOU DISCUSSION 19. PROPERTY AT HILLANDALE AND KING STREET 20. RYE HILLS PARK SURVEY NEXT MEETING DATES TUESDAY, SEPTEMBER 14, 1993 - 8:00 P.M. AGENDA MEETING -UESDAY, SEPTEMBER 28, 1993 - 8:00 P.M. REGULAR MEETING �Tti"1 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK AUGUST 18, 1993 CONVENE MEETING The Meeting was called to order at 8:05 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. ! Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Michele Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Ass't to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth E. Powell, Village Attorney Robert J. Santoro, Chief of Police Joseph Cortese, Village Treasurer Elizabeth Bottali, Secretary to the Village Board August 18, 1993 5. APPROVAL OF SUBDIVISION DONALD L. MESSINA & PAUL MESSINA 808 KING STREET/SECT. 1, BL. 7, LOTS 3114, 3115, 3C4 & 3C5 Mayor Cresenzi announced that the resolution regarding the Messina Subdivision will be tabled until the September 14, 1993 meeting due to documents that needed to be reviewed by both the Village Planner, and members of the Village Board. Trustee Zuckerman stated that because of it's complexity, when the Messina Subdivision is being considered, this Board should make sure that it is televised and also put on the agenda for an agenda meeting when the calendar is not too large. If the agenda is too long, I would request that we schedule it for a time shortly thereafter so that it may be the sole item on the agenda. Mr. Berner stated that perhaps some other item could be rescheduled as the Messina Subdivision has been an open item for a long time now and should be settled as soon as possible. Mayor Cresenzi agreed that the meetings be televised. Trustee Solomon questioned if the Board has the power to reconvene a public hearing after it has been closed. Attorney Powell replied that he had never heard of any board doing that, but he would research it. Mrs. Nelson of Loch Lane stated that the residents of Loch Lane oppose this subdivision as they want to put up too many homes. Mrs. Nelson also requested a copy of the documents that were submitted by Mr. Watson. Mrs. Nelson, in reference to proposed local law /t5-1993 "Noise Ordinance" questioned what a "natural person" is as she never heard the term before. Attorney Powell replied that the term "natural person" was utilized because the term "person", without the word "natural" before it, modifying it, could conceivably include a corporation and that is the only reason the phrase "natural person" was included in that sentence. A "natural person" is a human being, not a corporation. Mrs. Nelson questioned if the Board could change the language to say what they mean. Mayor Cresenzi stated that he had no problem with the language. Trustee Zuckerman pointed out that we are not having a public hearing on this item yet. 2 August 18, 1993 PUBLIC HEA ARINGS 1. PROPOSED LOCAL LAW #4-1993 ENTITLED: A LOCAL LAW AMENDING THE ZONING LAW OF THE VILLAGE OF RYE BROOK TO ADD A NEW SECTION 66-35 AND TO REPEAL OR AMEND VARIOUS PROVISIONS OF THE ZONING LAW AND OTHER LOCAL LAWS FOR THE PURPOSE OF ESTABLISHING COMPREHENSIVE SIGN REGULATIONS Mayor Cresenzi opened the public hearing at 8:15 p.m. Trustee Pellino stated that the purpose of this law is to relieve the Village and it's residents of any ambiguities that are associated with the current regulations on signs and also to make it easier for the community to understand what it is they have the right to do. He added that page 11 of this document identifies five current sections of the Zoning Law that will be repealed if this law is adopted. Trustee Pellino highlighted and discussed in detail, all sections of the sign law. Trustee Daly stated that in reference to temporary signs such as real estate signs, they should not be placed on the property at all. At one time, there were four houses for sale in her neighborhood at one time and it looks really terrible and detracts from the quality of the neighborhood. She added that she is not in favor of allowing tag sale signs. The people do not go back and remove them when they are supposed to. They could always advertise for tag sales on the Greenwich Radio Station or in the penny savers. Trustee Solomon questioned if we had the right to tell homeowners that they could not advertise their homes for sale. Attorney Powell stated that he would look into that. Trustee Pellino stated that if homeowner signs are to be allowed, we would regulate it. Trustee Zuckerman stated that we should consider permitting homeowner signs, but not Real Estate signs. Trustee Pellino stated that in reference to tag sale signs, people put the signs up whether or not the Village allows it and when they do it, they generally staple or nail them to telephone poles which as confirmed by the Telephone Company and Con Edison. Trustee Daly questioned how the Village would enforce the law for the people that don't take down their signs. Chief Santoro agreed that our law needs to be amended, and presently our law reads that tag sale signs must be of a commercial purpose and the Judge will honor our summons if it is someone who is running a professional tag sale. 3 August 18, 1993 Chief Santoro added that if a resident puts up a sign, we do not touch them because without physically seeing them put it up, the Judges will not allow us to use the sign as substantial evidence that this person put it up. If we are going to allow tag sale signs, we need to include in the law that the sign and the address is sufficient evidence that the resident put the sign up. In the past, the highway department was instructed to remove the staples and nails on the poles and Doug Hallengren put quite a deep gash in his hand in removing them. Every year, the Police Department puts up signs for school opening and we have agreed to use string, which makes it much safer. When placing the signs, we do so in a marked Police Vehicle with emergency lights on because you are very close to the roadway. We have seen people put up tag sale signs and they just park their car on Ridge Street when there is commuter traffic. Individuals should use string, not staples or nails. Also when people hang them up, they park on a busy street and usually obstruct the traffic, which is very dangerous. Trustee Zuckerman stated that if we do allow tag sale signs, at least we can regulate them and then we would know that if we modified the law sufficiently to provide the Police Department with the proper laws for court. Chief Santoro stated that we could do this without allowing the signs by saying a tag sale sign is not allowed and if you put one up anyway which shows your address, you can be issued a summons. Trustee Pellino stated that it is currently written that it shall have the address of the tag sale on the sign. Trustee Zuckerman questioned how would you change behavior by allowing or not allowing the signs. If it is not allowed, the problem is still going to exist. Chief Santoro questioned if we allowed the signs, do we need to include that they need to be installed in a safe manner. Will the Village be liable by allowing the posting of these signs if the person parks on a busy street, stands on their bumper to get the sign high enough and a vehicle hits the car and the person gets hurt. They may say that the Village is liable because the Village allowed it. Either way, if we allow or disallow the signs, we need to be able to use the tag sale sign as prima facea evidence that the person living at that tag sale is responsible for putting up the signs. Trustee Pellino stated that the question is also, how offensive is it to the Village. I don't know how we are going to change the behavior of the people who put up tag sale signs. Chief Santoro stated that we might slow down the use. Trustee Solomon questioned why we would want to stop people from having tag sales. Trustee Daly stated that we only want to stop them from putting their signs all over the place. People can advertise in both supermarkets, the pennysaver, the newspapers or on the radio station. Chief Santoro stated that the main concern of the Police Department is the signs that are put on the main roads, such as Ridge Street and Westchester Avenue in traffic lanes that are dangerous. 4 August 18, 1993 Mr. Heller suggested that the Village should place community bulletin boards throughout the Village so people could advertise things such as tag sales. Trustee Pellino stated that they were thinking of that idea, however the issue of vandalism came up Trustee Daly stated that the idea of community bulletin boards in sections of the Village could be dangerous as well with people stopping their vehicles to read or put things on the board. Trustee Pellino stated that the possible liability issues of persons getting injured while putting up or taking down the signs is a very important factor. Chief Santoro suggested that people advertise on Cable TV that they are having a tag sale. Attorney Powell stated that the potential for Village liability is pretty remote. You can't rule it out completely but that is what insurance is for. Trustee Pellino questioned if Freedom of Speech was an issue here. l Attorney Powell stated that there are free speech issues, however under Case Law, there are traffic safety laws as well. I Trustee Zuckerman questioned the section on existing signs. Trustee Pellino clarified the section on existing signs explaining that the intent is that if someone has a sign that is conforming after the adoption of this law, they won't have to come in here to get that permit to get the existing sign permitted under the new regulations, but for a replacement they would be required to conform to the permitting procedure. Trustee Pellino added that if the language was unclear, we could change it. Trustee Zuckerman suggested that we eliminate the first sentence and renumber the remaining sentences and the Board agreed. Trustee Solomon questioned if enforcement will fall on the Police Department or will the Building Department assist them. Mr. Circosta explained that the primary enforcement will come from the Building Department and is already included in the Building Code. Trustee Solomon questioned if that would include temporary signs. Chief Santoro stated that he believed that the primary enforcement on the tag sale signs and Real Estate signs would be the Police Department. Mayor Cresenzi stated that years ago, we discussed for the purpose of conformity, the Village selling a standard sign for tag sales where upon the return of the sign, the people would receive a partial refund. 5 I August 18, 1993 Trustee Solomon questioned what jurisdiction we would have in controlling people from other communities putting up signs in our Village. Chief Santoro stated that the Police Department can give summonses anywhere in New York State for violations of the Village Law, but we could not do so in Greenwich, Connecticut, by mail or in person. Mr. Sabia suggested a permit process to put up a sign. Trustee Pellino stated that the Zoning Code Update Committee did discuss the permit idea as a possibility. Tag sale signs, house for sale signs and for rent signs are usually up for only a very short period of time. We would be creating an administrative nightmare for the Village, which is not what our intent is. Trustee Daly stated that she believed that for aesthetic reasons, we should just prohibit those types of signs and have people use the other means of advertisement that were mentioned this evening. i Trustee Solomon agreed with Trustee Daly that tag sale signs should be prohibited. jChief Santoro reiterated that according to current law, we cannot issue a summons to a person ! for putting up a tag sale sign with the only evidence being the sign. Trustee Zuckerman stated that he agreed that a person should not be convicted based on the sign because anyone could put up the sign with the intention of getting even with someone. ! Trustee Zuckerman suggested that the Village should require signs on construction sites so that persons working at a site are identified to the residents in case they have any complaints. j Mr. Circosta stated that there are many homeowners that don't want to advertise that work is being done on their home as there may be an open area where burglars could get into a house. Trustee Zuckerman stated that Mr. Circosta's statement was a fair one, however, the Village should at least have the knowledge of who is doing the work and suggested that this subject be discussed. 'i Trustee Pellino suggested that the Board adjourn the remainder of this public hearing to the meeting of September 28, 1993. On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the public hearing was adjourned until the regular board meeting on Tuesday, September 28, 1993. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6 August 18, 1993 2. CONSIDERING AGREEMENT FOR FIRE DEPARTMENT SERVICES WITH THE VILLAGE OF PORT CHESTER Mayor Cresenzi opened the public hearing at 9:20 p.m. Trustee Daly requested that during the Board's meetings with the Village of Port Chester, we require updates as to what type of equipment we currently have or has been replaced. Trustee Solomon agreed that lie would like to be more familiar with the facilities, personnel and equipment. Trustee Daly added that we need to have more input as to when and where they purchase items for the Fire houses since we are paying money towards the equipment. If there is a truck replacement or if they want to do any type of construction, the Village of Rye Brook has to pay 38% of the cost. Mayor Cresenzi agreed, and explained that the Village would have to pay 38% of the cost if there is a catastrophic loss to the fire house or a piece of equipment. We are primarily buying an insurance policy from the Village of Port Chester to provide services. The discussions are really at an early stage. We are here to discuss approving a contract that is currently in place that would have started June 1, 1993 to May 31, 1994. The discussions that are taking place with the liaison committees are for the next contract. Items such as Capital Expenditures were only briefly discussed as we have only had one meeting so far and still have a long way to go. The feeling of Port Chester was that for Rye Brook to have input into what type of trucks they bought would be internal interference. Mayor Cresenzi disagreed because the fire study review addresses the amount of equipment and personnel and what works best for both Villages. If we save money, so does Port Chester. Trustee Solomon stated that both committees know that the cost of fire services is rising quickly and we stressed to them that Rye Brook wants to be more of a partner in discussions relating to the direction the fire department will be taking for the future protection of both communities. Trustee Pellino stated he had difficulty with page 3 item 13-b and had suggested that it be eliminated from this contract or re-worded to reflect the event of a reconstruction due to loss as paragraph b does not imply that. Trustee Zuckerman stated that it implies that we would have to pay 38% even if Port Chester builds a fire house far away from Rye Brook. Trustee Pellino stated that it did not belong in the contract anyway because it really doesn't deal with the ongoing operations which is what we are paying for. I view the construction of a firehouse in either Rye Brook or Port Chester as a separate issue from day to day operations from contracting for fire service. Another concern I have is that in this agreement it states that the two municipalities are to jointly plan and fund a study of a joint fire district to serve the two Villages. That does not have any place in this contract because it is something that the two communities can handle in a separate agreement. Trustee Pellino questioned if we have the ability to remove these two paragraphs or can we make it a conditional approval as the first payment is due in September. 7 August 18, 1993 i Trustee Zuckerman asked Administrator Russo to state what the increase is for the record. Administrator Russo stated that the increase is 6.88%, which translates into a $40,000.00 increase. Trustee Zuckerman questioned if this increase reflects the purchase of the new fire trucks that Port Chester was discussing. Administrator Russo explained that we were informed that there would be an increase due to the fact that they had to replace not only one of the paid engines in which they were originally going to rebuild the engine, but that they were going to replace their control rescue vehicle as well. They only recently awarded the contract for the pumper and have not yet bid out the emergency rescue vehicle and usually you don't start paying them back for a year. Mayor Cresenzi stated that the increase was based on the purchase of fire apparatus. Our study says that there is enough equipment so we requested that they switch a volunteer engine to the paid men but we were told that couldn't be done. The issue came up of the potential savings of both communities of the possibility of closing one or more firehouses, which is a very political issue. There is some redundancy in the proximity of houses to one another. We were told that closing a firehouse was not really an option because they needed the firehouses to store all the equipment. They basically ignored the initial discussion that we had so the increase really was based on the purchase of the new equipment. Trustee Zuckerman stated for the record, that the equipment is being purchased in the future even though we are paying for it now and for which we have no equity position. Trustee Pellino stated that the Rye Brook and Port Chester Liaison Committees will be meeting regarding fire services on September 7, 1993 and we will address these concerns. Trustee Zuckerman stated that most of the runs into Rye Brook are false alarms anyway so we are already paying for that in our contract amount. Administrator Russo stated that there was a time when there was a tremendous amount of false alarms coming from the Hilton and one or two other major establishments in Rye Brook and those problems were rectified. This contract is the original document with basic modifications that was negotiated when the Village was formed.ll years ago. Mayor Cresenzi stated that in order to have negotiations, you need two sides, ours and theirs. Even though the liaison committees are at an early stage the fact that they are even taking place is a major step forward. Mayor Cresenzi suggested that we hold off on voting on this contract until Attorney Powell gets the answers to his questions and the rest of the Board agreed. We need to make sure that the Village residents have fire services but another part of our job, is controlling the financial impact it has on this Village. We are currently paying $568,000.00 a year to the Village of Port Chester for this service. We are currently working on a formula so there will be no surprises. From an insurance point of view, Rye Brook is a low risk because many of our buildings are sprinklered, our homes are primarily single family detached except for Avon Circle. We don't have multi-story, multi-family buildings, and the highest occupancy rate in the Village are some grandfathered three-family homes. We need to come up with a formula that includes all of these factors. We only want to pay our fair share. 8 f ' August 18, 1993 Trustee Solomon stated that we are working toward forming a partnership between the Fire Department and the Village of Rye Brook. Trustee Zuckerman stated that copies of the executive summary of the fire study should be available for any resident who cares to read it. This is a subject which will be continued and anyone who would like more information, should read the summary. Mayor Cresenzi added that work sessions are open meetings and all residents are welcome to attend the meeting on September 7, 1993. Mr. Watson questioned if the possibility of building a firehouse in Rye Brook was discussed. Mayor Cresenzi stated that when the Village first purchased the property on King Street, a proposal was made that the Village would build a firehouse structure and have Port Chester staff it with manpower and equipment. That would benefit both communities because the fire apparatus could also go into Port Chester. With the population shifting toward the North, that issue will eventually need to be addressed. I On Motion made by Trustee Solomon, seconded by Trustee Daly, the public hearing was G adjourned until-the regular board meeting on Tuesday, September 28, 1993. i TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. PROPOSED LOCAL LAW #5-1993 ENTITLED: A LOCAL LAW AMENDING CHAPTER 158 NOISE ORDINANCE OF THE CODE OF THE VILLAGE OF RYE BROOK TO ESTABLISH HOURS DURING WHICH CONSTRUCTION EQUIPMENT MAY BE OPERATED Mayor Cresenzi opened the Public Hearing at 10:00 p.m. Attorney Powell stated that in reference to the term "Natural Person" there isn't any other language which is better. If you say a homeowner, you don't include tenants or member of the family. Trustee Daly questioned if we could add the word "resident" to go along with "Natural Person." Trustee Zuckerman suggested that we have a definition section in the law to define homeowner and then we can specify. Attorney Powell stated that the language states that if you owned two parcels in the Village and you resided on one, you would not be able to use this exemption to work on the rental property. 9 August 18, 1993 ! Trustee Pellino suggested to make the language more clear by stating in the law that an individual may operate the construction equipment on the property provided that individual resides on the premises. Trustee Zuckerman suggested the hours of operation on the weekends be changed from 9:00 a.m. - 8:00 p.m. to 8:00 a.m. - 6:00 p.m. and the Board agreed. Mr. Watson questioned if it would make sense to eliminate the list of equipment and just say any machinery or construction device or other equipment that makes noise audible. Mayor Cresenzi and the Board agreed with Mr. Watson's suggested language. Mr. Circosta suggested that the Board reconsider changing Saturdays to extend the hours until 4:00 p.m. because a normal workday is 8:00 a.m. to 4:00 p.m. and the Board agreed to the change. Mayor Cresenzi stated that we differentiated between commercial and residential work to give the homeowner flexibility to work at his home a little later on a weekend. Attorney Powell stated that one of the things that occurred to him while reading the law was 4 whether this would apply to hammering nails. Trustee Pellino stated that it may fall under the words "or other device." lAttorney Powell stated that he did not think that a hammer can be considered construction t equipment or machinery. Mayor Cresenzi stated that the law states that if the noise is audible outside of the property, it can be enforced. Trustee Zuckerman suggested that we change the law to say "machinery, construction equipment, tool or other device." Mr. Heller stated that many of the Holiday's listed are really work days for many people. It is rather restricting to say that all of those days are Holiday's. Mayor Cresenzi stated that the original intent was to deal with the list of Holidays as Ken quoted out of the State Law, however Mr. Heller has raised a valid question and when this law is finalized we will address it in some way. Trustee Zuckerman stated that the Holiday's that Metro North picks are probably the most accurate ones, which are July 4th, Labor Day, Memorial Day, Christmas Day and New Years Day. 10 August 18, 1993 Mr. Benvenuti complained of the noise created by the refrigerator trucks in the back of Finast Supermarket. Chief Santoro stated that we also have an unnecessary noise law which that may be covered under. i G Trustee Pellino stated that the type of document that we have in front of us now is an amendment to the existing Code to establish hours during which construction equipment may be operated. What we are getting into now is a review of the entire ordinance which covers not only construction, but everything else. Mr. Lanzilli stated that the situation is very important to us and it should be looked into. Trustee Pellino stated that he did not mean that they were unimportant, however the document that we have before us must be addressed specifically with operating construction related equipment and what you are getting into, is that we should look into the entire ordinance, which f we could probably do, but we must first discuss what has been presented to us tonight. Trustee Daly stated that she did not think that a landscaper should fall under construction equipment. Mayor Cresenzi stated that if a resident hired a contractor to install new storm windows, which can be done without a permit, it still would regulate that type of activity on site. No law is ever perfect, nor can it cover all of the ways that you could perceive things, but this is a first step. In order to deal with other problems pertaining to the noise law, that would be subject to another hearing. Mr. Martinetti stated that the scope is so large that he is now afraid to go change his tire at 10:00 p.m. for fear of making too much noise and being issued a summons. Trustee Daly stated that changing a tire is not considered construction equipment. Terry Mitchell questioned what the Board's target date was to pass this law. Mayor Cresenzi stated that if the changes are incorporated and the Board agrees on the language change, we could pass this law tonight and then it.would become effective the minute it is filed with the secretary of State in Albany. Given the scope of the changes made, I would prefer to see a clean copy prior to voting, whereas it could be voted on at either the September 14, 1993 Agenda Meeting or the September 28, 1993 Regular Board Meeting. Mr. Sabia questioned when the Board could discuss the other sections of the noise law that pertain to the concerns of he and his neighbors. Mayor Cresenzi stated that we could discuss that at any Board Meeting under general discussion. Mayor Cresenzi suggested that we obtain a clean, revised copy of the law and take this up on September 14, 1993. 11 fAugust 18, 1993 On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the public hearing was adjourned to the July 14, 1993 Agenda Meeting. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 4. APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION i APPROVING DONATIONS TO THE ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND i jRESOLVED, that the donations in the accompanying list are hereby accepted for the Anthony J. Posillipo Community Center Reconstruction Fund. ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION FUND i NAME DONATION Joy Kundmueller $250.00 35 A Avon Circle Rye Brook, NY 10573 Rye Brook Senior Citizens Center $206.00 c/o Village of Rye Brook (In Memory of Mary Gasperino) 90 South Ridge Street Rye Brook, NY 10573 Arthur & Phyllis Lux $50.00 22 Rockinghorse Trail Rye Brook, NY 10573 Total........................................................$506.00 Total to date in Reconstruction Fund.................$13,479.00 12 August 18, 1993 Trustee Pellino stated that he would like a report on the progress of the Anthony J. Posillipo Community Center Reconstruction Project in time for our next meeting. f Mayor Cresenzi and the rest of the Board agreed. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE c 6. RISK MANAGEMENT SERVICES, INC. On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION RISK MANAGEMENT SERVICES RESOLVED, that Risk Management Services Inc be hereby retained to perform all Risk Management Services as outlined in the proposal of July 1993 for the period commencing September 1, 1993 through May 31, 1994; and be it 3 i FURTHER RESOLVED, that the monthly fee be hereby established as $1,750.00. Trustee Solomon questioned how much money Risk Management Services has saved over the course of the current contract. Administrator Russo replied that we have increased the level of service on coverages in our insurance substantially and we were able to accumulate a previous savings of about $200,000.00 the past year alone. This year, through this service, we think we may be able to wipe out a $50,000.00 plus audit from Royal Insurance Company. i I TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE a f 13 August 18, 1993 7. AWARDING CONTRACT #9307 MULTI-CHANNEL DIGITAL RECORDING COMMUNICATIONS SYSTEM On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION AWARDING CONTRACT #9307 MULTI-CHANNEL DIGITAL RECORDING COMMUNICATIONS SYSTEM WHEREAS, the Village of Rye Brook conducted a competitive bidding procedure on Contract #9307 for the furnishing and delivering of a Multi-Channel Digital Recording Communications System; and WHEREAS, a bid was received on this contract which was publicly opened and read aloud on August 10, 1993; and WHEREAS, Dictaphone Corporation submitted the lowest bid; and at a bid price of$23,143.00 j and a trade-in allowance of$50.00 for the existing machine; and NOW, THEREFORE, BE IT jRESOLVED, that Contract #9307 for the furnishing and delivering of a Multi-Channel Digital Recording Communications System is awarded to Dictaphone Corporation, 3191 Broadbudge Avenue, Stratford, CT 06497-2559 for the amount of$23,143.00 without the trade-in allowance of$50.00. r FURTHER RESOLVED, that the Mayor is authorized to execute all documents necessary or appropriate to accomplish the purposes of this Resolution. Administrator Russo stated that we were able to obtain funding through the 911 program and asked Chief Santoro to explain what occurred. Chief Santoro explained that he recently found out that there is some value to the existing tape recording system and there is a market for it. He then received verbal commitment from the Village of Port Chester Fire Department for them to purchase the unit with the old tapes for $2,500.00 rather than trading in the equipment to Dictaphone. The $2,500.00 that we would be getting would cover the optional equipment that is listed which is well under the $2,500.00. Trustee Solomon questioned what this equipment was for and why the old equipment is being replaced. Chief Santoro explained that the existing system will not cover the new 911 lines. Also we do i not have the capability of storing data for more than thirty days and we are liable for ninety days and can be sued. Y 14 August 18, 1993 Trustee Zuckerman questioned what was this originally estimated for. Administrator Russo stated that originally, we budgeted $16,000.00. for this. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. AWARDING CONTRACT #9308 TRAILER MOUNTED LEAF LOADER Mayor Cresenzi stated that this item was removed from the agenda pending further information and would be dealt with at a later date. 9. APPROVING PERFORMANCE APPRAISAL SYSTEM DEVELOPMENT & DESIGN OF TRAINING PROGRAM Administrator Russo explained that this was a proposal to create a better system of goal setting type of interactive performance evaluation system for our non union department staff in the Village of Rye Brook. Mr. Rocco has experience with public sector entities and has most j recently done this for the Town of Mamaroneck. He has a very good track record and everyone with whom I have spoken to, which includes the County of Westchester, thinks very highly of him. Trustee Daly questioned if we looked into other companies for this service as well. Administrator Russo replied that this type of professional service you have to zero in on a narrow group and he spoke to a few consultants about it but really went on the recommendation II of the Town of Mamaroneck. Trustee Zuckerman questioned if we had money for this in our budget. Administrator Russo stated that this was budgeted for. Trustee Solomon questioned how we are to know if this system is going to work and what guarantees we have. Administrator Russo stated that there really is no longterm guarantee that this system is going . to work, however this will give us a frame work and system and it should work. There really is no way to give a guarantee. Trustee Solomon questioned if Administrator Russo had contacted past clients to receive recommendations. Administrator Russo replied that he only contacted the Town of Mamaroneck. 15 05A August 18, 1993 Trustee Solomon suggested that Administrator Russo contact some of the older clients and see if they were happy with his work. Trustee Pellino stated that the list shows that Mr. Rocco has done work for many non profit organizations and it would be relevant to find out what they felt in terms of results. He agredd with Trustee Solomon and suggested that Mr. Russo contact some of the non-profit organizations. Trustee Solomon questioned if Mr. Rocco could come and conduct a presentation in front of the Board at the next meeting as sometimes you get a better flavor for something when someone comes in and gives a presentation. Mayor Cresenzi replied that this was in response to the concern that the Village Board had which was to get an efficient evaluation program in place. Chris and Lori met with this particular individual with whom they feel comfortable with and I don't think we need to get involved on an interview level. We don't interview Police Officers, we rely on the Village Administrator and Chief of Police for that. Trustee Solomon stated that he may have some questions for this individual. Administrator Russo stated that he has no problem with having Mr. Rocco attend the next Board meeting. Mayor Cresenzi announced that this item would be tabled to the September 14, 1993 Agenda Meeting pending further information and a brief presentation by Mr. Rocco. r 10. APPROVING EMPLOYEE ASSISTANCE SERVICES k On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: I' RESOLUTION APPROVING CONTRACT WITH WESTCHESTER COUNTY FOR EMPLOYEE ASSISTANCE SERVICES RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with the County of Westchester for employee assistance services for the period of January 1, 1993 to December 31, 1993 in the total amount of $1,125.00; and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 16 August 18, 1993 11. APPROPRIATION OF FUNDS/H.V.A.C. ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION APPROPRIATION OF FUNDS FROM THE RECREATION TRUST & AGENCY ACCOUNT HE, VENTILATION AND AIR CONDITIONING (H.V.A.C.) RESOLVED, that the amount of$3,135 be appropriated from the Recreation Trust & Agency Account to the Capital Project Account for the first payment to Hi-Tech H.V.A.C. Systems, Inc. for H.V.A.C. work completed for the Anthony J. Posillipo Community Center. Mr. Circosta explained that these coincide with a schedule of values that the contractors have supplied us. The schedule of values were approved by the architect and these applications for payments are actually being prepared by the contractor and being reviewed by myself and the architect. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 12. APPROPRIATION OF FUNDS/GENERAL CONSTRUCTION ANTHONY J. POSILLIPO COMMUNITY CENTER RECONSTRUCTION On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPROPRIATION OF FUNDS FROM THE RECREATION TRUST & AGENCY ACCOUNT GENERAL CONSTRUCTION RESOLVED, that the amount of$53,593 be appropriated from the Recreation Trust & Agency Account to the Capital Project Account for the second payment to Marathon Orbit Co. Inc, for the construction of the Anthony J. Posillipo Community Center. 17 -A� August 18, 1993 Trustee Zuckerman suggested that in the future when the contractor prepares the application, that i it come as a clean application without any crossing out. Mr. Circosta stated that the contractor has already been informed of that. Trustee Zuckerman questioned if there was any way for the Village to get a stack of these forms and make sure that the contractors all use the same form and make sure that the form is legible, as this form is so old we could not read it. Mr. Circosta replied that he would work on it. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13. APPROVING FULL STOP SIGNS Chief Santoro recommended that the Board table this resolution because Sgt. Matthews was unable to attend the Traffic Commission Meeting and we would like to review this matter at the next Traffic Commission Meeting which will be in October. Trustee Pellino suggested that the Chairman of the Traffic Commission should be notified in the future when there is a matter pertaining to their Board. Trustee Solomon stated that the Traffic Commission should not have recommended this prior to obtaining input from Sgt. Matthews. 14. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby 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; 18 August 18, 1993 On-Line Checks: 7301-7359 Payroll Checks: NONE Manual Checks: NONE Environmental: 385-387 Recreational Trust: NONE Capital Pre Paid: NONE Capital 2059-2062 Birthday Run: 2036 NOW, THEREFORE, BE IT RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorized payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi asked Attorney Powell to comment on the advertisement that was in the local newspaper today which deals with the Water Restrictions. We have yet to receive any formal F notification from the County other than the press release that these restrictions are in place. The Chief has questioned that without notification, how do we enforce it or is that considered formal notification. Attorney Powell stated that it probably goes into effect 24 hours after publication, so that would constitute the formal notice. Chief Santoro stated that we are getting bombarded with phone calls from residents who are inquiring when they can water their grass. Attorney Powell read the correspondence from the County. He stated that it would be desirable to get a confirmation from the water agency. Mayor Cresenzi questioned if we needed to pass a resolution authorizing that or is this sufficient. Attorney Powell stated that he felt this was sufficient and that a Police Officer can enforce any law. Trustee Solomon suggested that we issue warnings first and not just start giving out tickets. We should also put this on the Government Access Channel. Mayor Cresenzi stated that this has been on Cable for a week. 19 August 18, 1993 Chief Santoro stated that as far as he knew, Port Chester and Rye have not been enforcing the law because there has been so much confusion. We will start warning people tomorrow and I then enforcing next week. APPROVAL OF MINUTES 15. MAY 119 1993 16. MAY 25, 1993 17. JUNE 8, 1993 On Motion made by Trustee Daly, seconded by Trustee Solomon the minutes of May 11, 1993 and June 8, 1993. were approved as amended and the minutes of May 25, 1993 were approved. t TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 18. ANTHONY J. SCHEMBRI POLICE COMMISSIONER, CITY OF RYE RE: THANK YOU Administrator Russo explained that this was a letter from the City of Rye Police Commissioner thanking Rye Brook Police Officer James Heil for his cooperation and assistance to the Rye Police Department when their switchboard stopped functioning and Rye Brook received their calls and dispatched their police cars. Mayor Cresenzi announced that at the Fire Liaison Committee Meeting that took place on July 27, 1993, Village of Port Chester Trustee Bob Comstock mentioned that there would be a Fireman's Parade held in the Village of Port Chester on September 18, 1993 and it will be a Regional Parade including many different departments surrounding areas with a lot of fire apparatus. He questioned if Chief Santoro has received any correspondence on this matter. Chief Santoro stated that he received a letter that they were going to have a meeting to obtain further information. He stated that he would call Port Chester tomorrow to get more information and then relay it to the Board. 20 August 18, 1993 DISCUSSION 19. PROPERTY AT HILLANDALE AND I{ING STREET Mayor Cresenzi announced that this property is located at the corner of Hillandale Road and King Street and has always been known as the Gioffre Property and asked Trustee Zuckerman to lead the discussion. Trustee Zuckerman stated that the Gioffre property, which is no longer owned by the Gioffre family has been for sale. There has been an approved subdivision on it for some time, but nothing has been constructed. The property is located immediately adjacent to the property which is currently owned by the Village and is now being used for leaf composting. It is also in the vicinity of the High School and down the street from Harkness Park. Trustee Zuckerman added that he has proposed that the Village acquire the property and combine it with the compost site, move the compost site to another location and then use that site for low use recreational facilities, such as a softball field and/or Basketball Courts. Trustee Zuckerman explained that this parcel is almost 2 1/2 acres and the Village should not lose the opportunity to use such areas for Village purposes when appropriate. When combined i with the compost site, there are 5 acres available and it will provide space for good Village facilities. The property when originally purchased by the owner, was 1.2 million dollars and it is now for sale and we could purchase it for less than $900,000. This would all be subject to Board approval. The Village Administrator has already started procedures to get an actual f appraisal. Trustee Zuckerman welcomed comments from the Board and also the residents. f Trustee Pellino, stated that he was concerned with the expending of Village funds without having decided upon an appropriate use for the land. He would feel more comfortable if he knew that this Board had a specific goal in mind. We currently have a committee that is looking into facilities planning for the Village and before voting on the expenditure of tax dollars of that magnitude, we should have a list of the appropriate uses for that site. It is an opportunity to obtain this property, however we need to have a list of solid and appropriate uses for that site. Perhaps we could set up a meeting with the facilities committee and find out what kind of progress they have been making towards prioritizing appropriate needs for facilities in the Village. Trustee Zuckerman stated that this was mentioned to the facilities committee and they are reviewing this. He agreed with Trustee Pellino that we decide upon a purpose for the land. He added that we could also purchase the land and have public hearings on exactly what the specific use will be. Trustee Solomon questioned how much we would have to budget every year to pay off this. Administrator Russo replied $85,000.00. 21 August 18, 1993 Trustee Zuckerman stated that in purchasing any property, the Board of Trustees and the residents must determine the direction that the Village is going to go and have to plan long range for those facilities and services that the Village would like to see approved. Aside from the areas north of the Ridge/King Street intersection, there are precious few sites that the Village would have the opportunity to acquire for Village use. f Trustee Daly questioned if the Board would consider having these items voted on by the public. Trustee Zuckerman stated that he feels that the Trustees should decide what we should do first. Mayor Cresenzi stated that the procedure is, we would have to pass a Bond Resolution, and that would be subject to a permissive referendum, which would have to occur within thirty days. The State feels that the Village Board, as elected officials of the Village, should be able to make the determination and let it be subject to a permissive referendum. Mr. Heller stated that we should think of a municipal building prior to a ballfield. If we are going to spend a million dollars, Mr. Heller stated that he would rather see us spend it on a municipal building or else save the money for something worthwhile. We already have property at Rye Hills Park and Meadowlark Park which we have just forgotten about. Mr. Heller added that back in the early 1960's there was a piece of property on King Street and North Ridge Street available and the people in the Country Ridge area decided to vote against that piece. If were are going to spend this kind of money, we should spend it on Red Roof Farm. Trustee Zuckerman stated that those are good issues, however one does not necessarily exclude another. The problem with land is, they are not making any more of it and if we don't acquire the property now, it will no longer be available. If Red Roof Farm was for sale, which it is not, the Village would probably be seriously considering purchasing it. Trustee Zuckerman added that the fact that a mistake may have been made in the 1960's does not mean that we should compound the mistake by missing the opportunity now. Mr. Watson stated that he agrees with Trustee Zuckerman that the property is very desirable for the Village to have, however the number is rather high. Trustee Pellino pointed out that we do have some very longterm needs that must be looked at fairly soon and not the least of which is the municipal offices that we now occupy. The lease payments for 90 South Ridge Street have escalated considerably over the last several years and our current lease expires in three years. We will then be faced with the decision to stay here or, hopefully long before then, we will have made a decision to make other arrangements. All of these things are long range planning goals and I feel that the Facilities Committee should be addressing these issues. He suggested that we obtain a progress report from the Facilities Committee in the near future. Having the land up front is a nice idea, but it is a large price to pay without first having our priorities in order to be useful. Trustee Solomon questioned if this land was condemned if the price could be considerably lower. Mayor Cresenzi stated that it may be higher, because of special counsel costs. 22 August 18, 1993 i Mr. Martinetti stated that he agrees with Trustee Zuckerman. He added that in the past there was talk of building a firehouse on the property on King Street. Trustee Pellino stated that the Village purchased the parcels that it currently owns up on King Street for the purpose of a firehouse, but it never materialized. Mr. Martinelli stated that he was under the impression that we could not have a firehouse with emergency equipment coming onto a state highway. Trustee Daly stated that currently, we have two firehouses on Westchester Avenue. Mr. Martinetti stated that everyone always thought that Red Roof Farm would be a perfect spot for a firehouse as it is ideally located in a center spot. Trustee Solomon stated that even if Red Roof Farm was for sale, it would probably cost the Village eight million dollars to purchase it, which is too much money. Mayor Cresenzi stated that he feels that both Trustee Zuckerman and Trustee Pellino are right and the reality is that what makes the property worth considering is the fact that it is abutting property that we already own. Mayor Cresenzi stated that we need to prioritize uses of this parcel. The other issue that Mr. Heller raised is the cost factor. The Board should take some type of formal action and direct Administrator Russo to get a certified appraisal on the property so he does know how much money we will be spending. ` Trustee Solomon stated that the Board has not forgotten about Rye Hills Park. We finally after all these years have access to that property. Mayor Cresenzi questioned if we needed to get Board approval to get an appraisal. Attorney Powell replied that we would not need a resolution. Trustee Daly stated that she would like to wait and hear feedback from the residents prior to doing a appraisal. Mayor Cresenzi explained that we would be doing a proposal on what it would cost for an appraisal and in that time period we would certainly take any input from the residents. Trustee Solomon stated that for those residents out there who wish to call for an advisory referendum, this is their chance. Dan Paniccia, a resident and member of the Facilities Committee Rye Hills Park Committee stated that he agreed with Trustee Zuckerman and Trustee Pellino both and stated that he too agreed that the Facilities Committee should come up with a list of needs and a list of parcels that are available. Regarding this specific property, two things come to my mind such as what do we do with the compost. That could be a big problem. Also, if we move forward with this we must consider the loss of assessibles. It is good for the Village to have residential developments, but they are certiorari free. 23 August 18, 1993 20. RYE HILLS PARK SURVEY Administrator Russo explained that there are four major encroachments by private residencies into Rye Hills Park, which we must deal with. They range from a 53 1/2 foot encroachment with a fence and part of a shed, lot 24 has a 55 foot encroachment with a swingset, a framed playhouse and fencing, lot 23 has a 42 foot encroachment with a vegetable garden, and lot 22 has a 35.8 foot encroachment with a sandbox, playhouse and fencing. Administrator Russo added that we need to preserve the Villages' rights with respect to its' property and he questioned how we should deal with the encroachments. Attorney Powell suggested that we notify the residents first and let them know that they are over the property line, giving them the opportunity to come up with a time frame for moving everything back to where it ought to be. fAdministrator Russo added that we could send a friendly letter to the four residents, including a copy of the survey and provide them with a certain period of time to move their encroachment back to where they should be. He also recommended that we should install the same type of chain link fence that we have along the rear homes on Bell Place as well. Mayor Cresenzi directed Attorney Powell to work on the language with Administrator Russo and get the letter to the residents. i i Trustee Pellino suggested that since we have the survey of the park boundaries, the Board consider bringing the Rye Hills Report back into the discussion phase perhaps as early as October. Mayor Cresenzi agreed with Trustee Pellino and directed Administrator Russo to make a note of it. DISCUSSION LETTER FROM RESIDENTS BEHIND 200 SOUTH RIDGE STREET Administrator Russo read a letter from the residents who live behind the Shopping Center that is being erected at 200 South Ridge Street which.requests that certain matters be addressed at this evening's meeting. Mr. Sabia stated that it is imperative that the exit in the back be totally closed as it will only become a thoroughfare for shopping going from one shopping center to another and will create a very dangerous situation for both the area residents and the Village. Mr. Lanzilli stated that the gate that the Board proposed to put there is only two feet high. Mayor Cresenzi replied that the gate is to block vehicles from passing. Mr. Sabia stated that it doesn't block people from going through at all hours of the night. Mr. Benvenuti questioned the interconnect with reference to Emergency Vehicles. 24 I , , August 18, 1993 Mayor Cresenzi stated that when the issue of the interconnect was last discussed, we contacted the Port Chester Fire Department and asked them to review the matter. We recently received a letter from the 2nd Assistant Fire Chief stating that they must have access to the rear of this property for its apparatus to provide proper fire protection for the residents of Westview Avenue and 200 South Ridge Street. Their water supply and how their management of any fire incident will be greatly affected if the Department does not have access to these areas. Trustee Pellino stated that it is in the final plans that it is going to be closed. It was a major part of the entire discussion that eventually went to the point where there would be an interconnect in the front. The whole issue was discussed and it is on the final plans that is to be a closed area. Trustee Daly stated that what they are saying is that right now, the cars can't go through but people can. She questioned if we could put up a six foot stockade fence or something that cannot be penetrated. Mayor Cresenzi stated that there was a convention this evening and all of the Fire Chiefs were unable to attend this meeting, so we can only say that we will keep looking into it and try to get them to attend one of our meetings. E j Trustee Daly questioned if we can prohibit the property owner, who owns both properties, from ! cutting a whole in his own fence. f Attorney Powell stated that there is no law against taking a fence down on your property. Trustee Solomon questioned if we could speak to Merritt and Holby and stop the pedestrian i traffic from cutting through and get a new fence, but we can't get it closed off period. Mr. Lanzilli stated that they changed the wall height. Mayor Cresenzi asked Mr. Circosta to check on that. Trustee Solomon stated that he noticed that when they were putting in the footings for the wall back there, they just tore straight across through the root systems of all those trees back there and they may die because of that and all of the screening will disappear. We have been assured that they are going to feed the trees and do whatever they can to keep them alive. He stated that if this is not acted on quickly, we may lose those trees so he suggested that this be communicated to Merritt and Holby. NEXT MEETING DATES FRIDAY, AUGUST 20, 1993 - 4:00 P.M. PUBLIC WORK SESSION TUESDAY, SEPTEMBER 14, 1993 - 8:00 P.M. AGENDA MEETING TUESDAY, SEPTEMBER 28, 1993 - 7:30 P.M. REGULAR MEETING 25 4 August 18, 1993 CTrustee Daly stated that she cannot be available every Friday for public work sessions and her absence should not be reflected, as it is an extra meeting. it Trustee Solomon stated that Friday is not a good night for Trustees or residents. A public work session is better at 8:00 p.m. once a month on a night when residents and Trustees can all meet. Mayor Cresenzi stated that the reason for the public work session this Friday is to discuss a matter with Attorney Powell and it has to do with alleviating a Trustee problem, not a Mayor problem. Mayor Cresenzi added that he was available most afternoons, but specifically on Friday afternoons for Village business. Trustees could show up on their own during that meeting to pick up packets, talk to staff, etc. Mayor Cresenzi explained that if we get a quorum, we can sit down and discuss things in this room. In reality, the issue of the public work session legalizes the fact that more than three Board members may be here, which at times does happen. Also if public work sessions are taking place and issues are discussed, it makes the staff adhere to a system. The Village Attorney is present on Friday afternoons to answer any questions and it is basically to keep government moving along and in order to remove public inpropriaties that they feel might be taking place, with a public work session, the public knows ` that we are here and if they want to come and speak with us they can. r Trustee Pellino stated that he agreed with Trustee Daly that a Trustee's lack of availability for substantial numbers of those work session can't and shouldn't be marked against the individual Trustee as not attending to Village business, which is their sworn duty. If there is a called for public work sessions, I would be very upset to find that there is a problem with that in terms of upholding our sworn duty to office and I would like to know what we can do to alleviate that situation. Mayor Cresenzi stated that the workload that is beginning to fall on us has become extensive. This is to legitimize a quorum being present when and if it does occur. I don't have a problem with switching the date to another afternoon, but then the Trustee's will have to keep themselves out of trouble as far as having more than a majority present on any given afternoon, because I really don't want to read about it in the newspaper. Mayor Cresenzi explained that the meetings that took place were totally by chance, people stopped in, discussed what was on their mind, information was available, there was never any intent to deceive or conduct business behind closed doors so if the Trustees can work it out and you want to switch it to another date, I don't have a problem with it. Trustee Zuckerman stated that we should consider keeping Tuesday evenings free and possibly consider a third meeting night to handle the overflow of business that we are starting to get and perhaps this would shorten the other meetings. Trustee Solomon stated that he fully supports the worksession concept and has no problem meeting on an additional Tuesday night. He stated that whether it was accidental or not, he took himself out of the room when the questions were being asked, but a 4:00 p.m. meeting on a Friday is not a good time for a meeting. Mayor Cresenzi stated that he is here every Friday so whether or not we have a public worksession is not a problem. The point was to keep everyone here out of a problem. 26 / V August 18, 1993 Trustee Solomon stated that the worksession excludes a certain portion of the population and some of the Trustees as well who cannot be there at that time. Mayor Cresenzi stated that if he had a Trustee in his office and another one came in on them, he did not have to ask one of them to leave as it would be considered an illegal meeting. Trustee Solomon questioned why Mayor Cresenzi couldn't just ask one of the Trustees to leave. Mayor Cresenzi stated why should I embarrass a Trustee who should know better than to come into the room and cause a quorum to happen. ADJOURNMENT On Motion made by Trustee Daly, seconded by Trustee Pellino, the meeting was adjourned at 1:00 a.in. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, 6 Eliza eth Bottali Secretary to the Village Board 27