Loading...
HomeMy WebLinkAbout1992-09-22 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING SEPTEMBER 22, 1992 8: 00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. NORTHEAST NETWORKS, INC. CONSIDERING FRANCHISE AGREEMENT FOR THE INSTALLATION OF A FIBER OPTIC NETWORK j RESOLUTIONS 2 . APPROVING SMALL CLAIMS ASSESSMENT SETTLEMENT 3 . AUTHORIZING REMOVAL OF ASBESTOS ANTHONY J. POSILLIPO COMMUNITY CENTER 4. APPOINTING AIRPORT ADVISORY COMMITTEE 5. CHECK REGISTER APPROVAL OF MINUTES 6. JUNE 23 , 1992 7. JULY 28, 1992 8 . AUGUST 11, 1992 9. AUGUST 25, 1992 NEXT MEETING DATES OCTOBER 13 , 1992 - 8 : 00 P.M. - AGENDA MEETING OCTOBER 27, 1992 - 8: 00 P.M. - REGULAR MEETING 0044',51. VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK SEPTEMBER 22, 1992 8:00 P.M. CONVENE MEETING The Meeting was called to order at 8: 00 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 R. Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: Lori Ann DeMarco, Asst to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth Powell, Village Attorney Joseph Cortese, Village Treasurer Mayor Peter Iasillo, Village of Port Chester Elizabeth Czajkowski, Secretary to Village Board Village Administrator, Christopher J. Russo was not in attendance. September 22, 1992 ' Mayor Cresenzi welcomed, County Legislator, Martin Rogowsky. Mr. Rogowsky stated that in reference to the ongoing water rates case, he did testify. On August 1, 1992, our residents were entitled to rate reduction so he suggested that the Village follow-up on this with the Public Service Commission. Legislator Rogowsky reported that a local law was again passed on the sewers, which was technically passed last year, however the environmental documentation was not adopted in sequence. It is the bill that speaks of the County assessing a $25, 000 a day fine on municipalities that do not fix their sewers. The County was in violation because local sewers in Yonkers were leaking into the Hudson River. The County entered into a stipulation agreement with New York State. The State will fine the County $25, 000 a day, and should that day come, the County will in turn fine the municipality $1, 000 a day because each municipality owns their sewers. Currently the County is spending a total of $25, 000, 000 to check all the sewer lines in Westchester and they are finding many leaks. There is a New York State Bond Act that is on the ballot in November and it closes October 5th so get your projects in. Infrastructure in sewers is a valid project. Contact Chuck Lesnick, as he will be happy to lend assistance. Today we passed a law dealing with Auxiliary Police. If you put your Auxiliary's on the street, you are taking a chance with liability. This law authorizes the County to negotiate with each municipality to enter into agreement which essentially says you indemnify the County. The Airport Garage is almost negotiated, according to Transportation Commissioner Ranglo. We should be hearing within the month. The capacity agreement expires January 1, 1995, which will be before the terminal opens. The sales tax was passed as a three year sales tax, with permission from Albany. It will expire in a year and a half. He added that he was not in favor of the sales tax and explained that he supported a sales tax where the Village got everything. Trustee Pellino stated that the money was currently being shared between the County, Village and School Districts. Mr. Rogowsky stated that he would be willing to give the County's share to the Village's. Trustee Zuckerman questioned if he was suggesting that it be taken away from the schools. Mr. Rogowsky stated that it will expire in three years. The schools and Village's never had it before and should not count on it because in another year it may be gone completely. It is not a good idea to include this in their budgets. Trustee Zuckerman questioned if he had anything to do with the 2 :00 A.M. Bar closing time. 2 00 SJ September 22 , 1992 Mr. Rogowsky stated that the County Board of Legislatures do not have authority so they are going to try and pass a resolution and send it to the County Alcohol and Beverage Board. He would like to see the State or County ABC Board pass a resolution that says although the closing time will be 4: 00 AM, it could be 2 :00 A.M. as a locals option. Mayor Cresenzi stated that the Auxiliary Police are functioning under the approved County Guidelines and any time the men are used for a drill, the County is notified by fax and that covers the liability issue. Mayor Cresenzi questioned if the Village indemnifies the County, does that allow the Village the opportunity to use them in other areas beyond the County guidelines. Mr. Rogowsky replied that he believes so, however, the legislation is very broad. He suggested that we contact Mosca's Office directly and find out. Trustee Pellino stated that as a follow up to the water rate proceedings, the Village has received a letter from the State of Connecticut Department of Public Utilities naming the Village of Rye Brook, City of Rye and Village of Port Chester as interveners in a rate case in Connecticut involving Connecticut American and their application for a rate increase. This has to do with the demand charge where if we get our increase allotment from the New York City system up to 3 million gallons a day, they want to institute a demand charge for the privilege of having that gallonage in reserve. Mr. Rogowsky stated that it is terrific that the Village was an intervener, as he is also an intervener. PUBLIC HEARING 1. NORTHEAST NETWORKS, INC. CONSIDERING FRANCHISE AGREEMENT FOR THE INSTALLATION OF A FIBER OPTIC NETWORK Mayor Cresenzi convened the Public Hearing at 8: 29 p.m. Paul Sirignano of Pierro & Monsell, the attorneys for Northeast Networks, stated that this agreement was to continue a fiber optic network through the Village of Rye Brook and this agreement has already been approved in five other municipalities that run along the 287 corridor. Rye Brook would be at the end of the system. This proposal was first made about a year ago. On March 10, 1992 there was a resolution passed by this Board approving this project on a conceptual basis. We are here tonight for another Public Hearing on the agreement which has been submitted to the Board of Trustees and to the Village Attorney for review. He then introduced Mr. Arthur Simon, President of Northeast Networks, to discuss the proposed Network and to answer any questions that the Board may have. 3 September 22, 1992 0 04-4S� Mr. Simon stated that they are proposing to build a fiber optics network for telecommunication services from Tarrytown through Elmsford, Greenburgh, White Plains, Harrison and, if approved this evening, Rye Brook. They will be placing the fiber optic cable in underground ducts provided by New York Telephone, as well as telephone poles where necessary, provided by Con Edison and New York Telephone. The system will follow the utility rights of way whatever it is available to them. The system will primarily serve businesses along the 287 Corridor and will run into corporate office parks and into buildings. We did an informal survey of many of the businesses along that corridor and found that 72% were in favor of building the system and purchasing services from us. Last week, he spoke with Mr. Bowman from General Foods, who is head of telecommunications and he said that he would very much like to have the opportunity to utilize this system so that they have an option to use either Northeast or NY Telecom. This system will be built in a circular configuration and in the event of a cut or if a telephone pole is knocked down, the system will not go down. Around a month ago, 200, 000 NY Telephone subscribers were knocked out of service for a couple of days, and this would not happen with our system. Our agreement calls for a 5% gross revenue percentage that will be paid to the Village of Rye Brook. on every dollar that we bring in, five cents will go to the Village of Rye Brook. The better that our company does, the better the Village of Rye Brook will do. It is really a no risk situation for the Village. As said earlier, this has already been unanimously approved in five other municipalities in Westchester. John Murphy, a resident of Greenburgh, NY and an employee of NY Telephone questioned how many employees there were in Northeast Networks. Mr. Simon replied that there are a few consultants and not very many employees, because they are not in operation yet. Mr. Murphy stated that deregulation has been tried repeatedly. The savings and loan industry and the Airlines, such as Pan Am were both deregulated. As far as other Towns and Villages having approved this, it doesn't mean that this Village has to do the same. White Plains had to consider some of the factors for a three week period. The 5% gross to be returned to each municipality is really a 30% gross overall. That seems like an awful lot of money for someone who is just starting a business to give away. The 15 year contract to be approved for another 15 years, in my opinion is too long. Congress just passed a bill which changed the Cable TV Companies laws which they function under. Mr. Simon is just starting out in the fiber optics business, which is not an uncommon business. This undermines the operating capital of New York Telephone, because if you take their business revenue away, it will hurt the individual resident and the phone bills will definitely go up and the work force will go down. 4 0it 4 S September 22, 1992 Jeannette Spur, also employed by NY Telephone is representing local 1103 Communication workers of America. She stated that she has been a New York Telephone Employee for over twenty years and has lived in Westchester County for over Twenty six years. She is also a consumer and uses their product. Northeast Networks is undermining our jobs and the platinum mile is where we receive all of our money. That money also offsets residential bills. If New York Telephone starts to lose some of that revenue, it will affect me, as an employee, as I might end up losing my job. She added also that because of Federal Laws, the president of Con Edison cannot be here this evening to speak. She stated that there are many employees of New York Telephone that live in Westchester County and if they don't have jobs, they won't be able to pay your sales tax or school tax because they won't have any money. Even though you are a small Village in this County, the decision made here this evening, could effect us all in a major way. Ken Heller, of 22 Lincoln Avenue stated that he is in the middle, as he has a few shares of AT&T and Nynex. In the long run, for the homeowners, cable optics is going to be the wave of the future. Communications are going to go ahead, and we must have the most modern communications in the world. Tonight is not the night to stop progress, although many people will lose their jobs, we must advance in the telecommunications system. Albert J. Pierro of Pierro & Monsell addressed a few issues. In terms of the economics of the transaction, it is not 30%, it is 5% for each municipality of the total revenues generated in that municipality. The ability to compete with other communities for tax ratables is directly proportionate to infrastructure. The ability to telecommunicate is here. Mr. Pierro stated that whether or not the product that we are delivering, is the most perfect product, or is one that at this time gives you all the dollars that you want in consideration of granting this type of a franchise, those are things that we can all guess at. The municipalities are hoping that the revenues that it gets are going to be fair for the privilege of doing business in the community. We have been through difficult negotiations and we have been able to come to a considerable compromise in six municipalities along the way. We believe that although Rye Brook is a small Village, we can provide an extremely valuable service and we can receive in return, a very important community. When all of these municipalities on an individual basis, are signed on, we will go to the County and try to get a County Approval of Franchise to also have the County involved in the overall approval process. Also we intend to complete the negotiations that were started quite some time ago, with utility companies such as Con Edison and many other types of companies. We will be happy to answer any questions about the contract or negotiations. Trustee Daly questioned that if the 5% of gross revenue is minus taxes and non-reoccurring payments, what are the non-reoccurring payments. 5 0044 September 22 , 1992 Mr. Simon explained that when we go into a building, we spend a great deal of money to bring cable into the building if there is no available conduit pipe available. We absorb that money and that is our expense. When we put the equipment in, we charge a one time installation fee. It is essentially a hook up fee so we may reimburse our technicians for going in there. Trustee Pellino stated that in the past, this Board had requested some flexibility in the 30 year franchise agreement and has received none. The Town of Harrison, discussed this and apparently came to accept it, however, I feel this is excessive. We don't give these terms to cable television companies, why should we give it to you. Mr. Simon stated that Cable Television is not regulated by the Public Service Commission, as Northeast Networks is. Lenders require that we have long term agreements, such as what is proposed in the franchise agreement, as well as the long distance carriers who invest their lives in our veins. They cannot afford to have us be a short term, overnight and gone the next day arrangement. Mr. Pierro added that the lender is looking for a reversionary period at the end of the loan term so that if you default and you don't pay the money back at the end of that twenty years, they have ten years to get any monies they didn't receive in the first twenty. In terms of the way the deal has been negotiated with the municipalities, we have decided to put up all of our money in return from the municipality. Thirty years is a long time, however, in order to get off and running with the project, when we give you 5%, it is extremely significant. It is not up until later years that your customer base is building and the revenues are starting to build where you can recoup that 5% money and at the same retire your debt service. So what is happening, the longer you get, the better chance you have to establish a pure income stream and that is the reason for the thirty years. Trustee Zuckerman stated that in the past, the Board requested a copy of the business plan, which has been denied. From our perspective, we don't really know what we are getting into, or what Northeast Networks is getting into and this is a new field. We need access to this information, which leads us to believe that this is a good move for the Village to make. Mr. Simon stated that this same concern has arisen in each of the five municipalities and we have come to the same conclusion. You have all of the pertinent information. The business has all of the secret data that really means nothing to the Village. Because of the Freedom of Information Act, anything that we give to the Village, can be given out to anyone that requests it. We are a private company that is just starting out and we can't afford to have others look at our in detail projections. We have given the Village everything that they have asked for other than a written copy of that plan, which was written for the lenders. Mr. Pierro stated that he apologizes for continuously insinuating that every other municipality has consented, as what is good for every other municipality may not be good for Rye Brook. 6 00446 < September 22 , 1992 Trustee Zuckerman stated that he has already insinuated this five times. I Mr. Pierro again apologized. This may be much like what is happening with the IMA, those municipalities that are in the district are benefiting because the next district comes in. They are going to be paying higher rates when they are done with the rest of the municipalities that are presently in the solid waste j disposal agreement. Trustee Zuckerman questioned what their projected revenues are. I Mr. Simon stated that they expect to bring in 1 million dollars after the first full year, and 14 million dollars after the tenth year. We haven't done a breakdown of the amount of business that will be generated in each municipality. It is not up to us, because in essence, we are really wholesalers of services connecting to the long distance companies. The long distance companies tell us where they want to build. The plan is to finish the whole network in two years. He added that he can't guarantee the Village any numbers, as he cannot even guarantee himself any numbers. Trustee Zuckerman stated that Mr. Simon is asking for a thirty year franchise and he can't guarantee us anything whatsoever. Trustee Pellino added that we are not on the platinum mile and we do not have very major corporate entities within our boundaries. For those other municipalities, this may be very beneficial so they may have overlooked the thirty year franchise. Our community is much smaller and has less corporations. We are only going on a promise that maybe, sometime in the next thirty years we may get some revenue out of this. Mr. Pierro questioned who is going to compete with leasing out General Foods when it is empty. Who is going to go in and take over that building. The risk that Rye Brook will run, is not passing up thirty or one hundred thousand dollars from Northeast Networks, but the risk is losing the tax ratables if that building goes black, in terms of tax certiorari on your existing office development. The only way that Rye Brook can compete with Tarrytown or White Plains is having minimally, the same services available. This would be a defensive move to keep the office components in place. Mr. Simon added that when they install millions of dollars worth of equipment, we will also be paying property taxes, which is not even included in the five percent. Elmsford has no corporate entities, really, but they are hoping to be able to bring corporate entities into their Village by having this infrastructure available. Trustee Zuckerman stated that he and the other members of the Board are all in agreement that fiber optics is great, it is the wave of the future. The question is whether or not this contract is good. Mr. Pierro stated that Rye Brook has no contractual obligation to Northeast Networks. it 7 i September 22 , 1992 0044C� 6 Trustee Zuckerman stated that this Board is already aware of this, however the problem is that the pole may be so full that another company won't want to come in. The thirty year term, the fact that there is no guaranteed income, no performance bond set forth, no agreement to update according to the latest technology and there is no provision for liquidated damages. It says that Northeast Networks may be in default, but there is no remedy for the default. There are a great deal of questions left unanswered. Because 27 other officials have consented, could it be that they may be wrong. We are chasing a thread of gold here and that is not our responsibility as Village Officials. The basic attitude that has been shown here is this is what we are offering, take it or leave it. The newspaper report is saying that you are looking for investors, not that you have them already in place, so this is really a fishing expedition. Maybe the other communities want to be dressed up and go down the street and have this contract, but I am afraid that in a year or two, we will look like we are walking around in the emperor's new clothes. Mr. Pierro stated that if the Village of Rye Brook doesn't want to do this, it is your perogative, but please understand that no one from this lawfirm or from Northeast Networks ever said "take it or leave it" . We have gone through very difficult negotiations to and from each municipality and every time we make a change, we have to come back to each municipality and change the franchise for everyone. There is no guarantee because we are not in a position of lying about what exactly is going to happen. We can't go for a shorter term than thirty years and I wish we could, because we would love to have you on Board. Trustee Zuckerman stated that the Village has been having a problem with the Cable Franchise. After ten years, we cannot get updating with them and their technology is not nearly as advanced as this technology, which is changing far more rapidly. Mr. Simon stated that we are self governing and if we don't self regulate ourselves and provide state of the art technology, we will not do well. We need to be competitive, keep our prices low, give better service and provide a diverse routing with "automatic switch over" and "back up" or we will have no business. Trustee Zuckerman questioned if Northeast Networks had plans to, at some time, offer consumer entertainment service. This was stated in the contract. Mr. Simon stated that Northeast has no plans to do that, however other municipalities questioned this also. For over a year now, we have begged the Board to read these agreements. We have also sent updates to the Village and if Rye Brook had the opportunity to ask these questions back then this may have been easier. Trustee Zuckerman apologized, as he was not on the Board when these discussions began, so he is only able to ask these questions now. Mr. Simon stated that they could not receive funding without the thirty year agreement. 8 i 0044 }j September 22, 1992 Trustee Daly stated that she agreed with Mr. Simon, the Village of Rye Brook has nothing to lose, and everything to gain. We have been going around in circles for weeks and weeks about this, but if someone else comes along and we want to make an agreement with them, we can. We have the opportunity to offer this service to other businesses that come in here and to keep the businesses that we currently have. Trustee Pellino commented that this agreement is non exclusive and does allow for another operator to come in, however the practicality of that is rather small. Another company would probably not want to come in and be in competition with Northeast Networks as well as New York Telephone. Mr. Pierro stated that the logical conclusion would be for another company to join into the system so that if it works, they could then perfect it. If this system did not work, they could initiate a new system in the Village of Rye Brook and run it across the County themselves. Trustee Daly stated that she is very concerned for the New York Telephone employees losing their jobs, however we don't know that in five years from now, New York Telephone might not buy this company. They may even be in negotiations right now. Mr. Murphy stated that New York Telephone is regulated in regards to where you can compete. That is why there are no representatives from New York Telephone present this evening. Peter Bernbaum, a resident of 5 Acker Drive and also the Chairman of the Cable TV Commission stated that the cable industry has provided some guidelines to be able to evaluate the benefit of new technology coming into a municipality. He stated that if a contract is to be made with the Village of Rye Brook, some of the examples that the cable industry has set should be used in determining what the needs of the Village are, and the negotiations ought to proceed to determine whether those needs can be met and whether this is the organization to meet them. For example, what can you offer, what are you going to give us, what is your history and financial background. A legal and engineering consultant should have been hired to look at the needs of this area. To grant a franchise for thirty years would be too long. Once the system is in place, it would be very difficult to get someone else to come in if the Village was not happy. There is no Performance Bond. We also need to know if we have the ability to interact with nearby communities and if this whole thing can be joined. In order to determine whether or not this proposal meets the needs of the Village we need to look at the annual needs of the area and see if they are going to be met. There is a risk for the municipality by going ahead as they may have an operator who may not be able to complete the project. 9 0 U4 4 September 22, 1992 Ken Heller stated that cable is something that is spread out over the whole community and if these men wanted to, they could have a cable network started very quickly. The microwave and telcomm satellites are going to become more important in the future. It would be the Village's loss if we do not go through with this and years from now, like everything else, we will regret not taking part in this. Mr. Pierro stated that if we were not interested in Rye Brook, we wouldn't be here this evening. We are here to make a deal and we would like to work with Rye Brook. We cannot change some of these terms, as they will force us to have a deal that will not work with j the rest of the municipalities, such as the guarantee, the length and term of the agreement. In my heart, I feel, that if this deal does not work out, and you want to do something with a different franchise for a shorter term, you will have that opportunity. No matter what happens tonight, this project will go through, however, we would be extremely disappointed to go forward without Rye Brook. Mr. Simon stated that he too, would be disappointed to go forward without Rye Brook. Mayor Cresenzi stated that he had complimented Mr. Simon in the past on his salesmanship and ability to negotiate. The Village asked for some flexibility on the 30 year agreement but Northeast was unable to change that term because either they were locked into commitments that they made to their financing people or the other five municipalities. Fiber Optics is definitely the wave of the future. Mr. Heller was correct when he said that microwave and telcomm satellites are going to become more important, but we are here to negotiate what we think is the best deal for the Village and for the residents. Unless there is a change, we are just beating this to death. Mr. Pierro stated that on November 14, 1991, the Planning Board issued a unanimous recommendation. The public hearings were held in January and.February and the conceptual approval was granted in March. We certainly have been persistent and as we negotiate with each municipality, every change we make now, we have to go back to each municipality. Mr. Bernbaum questioned if there has been a study undertaken by the Village as to what the Village's needs are. Mayor Cresenzi replied that no study was ever undertaken by the Village. Mr. Pierro stated that one was given to the Village by the City of White Plains. This proposal hired a consultant, studied the project and they revised the entire agreement. Mr. Simon added that in Rye Brook we paid up front to do an environmental study. Mr. Pierro stated that there is nothing that he can do to change the mind of the Board, whatever the votes are, they are. Issues such as changing the term, cannot be changed. 10 i 0044-! j September 22, 1992 Trustee Daly stated that everyone is looking to get something more than we are already getting, but we don't have anything to lose. Trustee Solomon stated that he does not appreciate that Rye Brook ' is being penalized because you negotiated with five other communities. There has got to be something you can do to amend this in some way, regardless if you have to do the same for the other communities and perhaps we can allow this thing to go through. On Motion made by Trustee Solomon, seconded by Trustee Daly, the Public Hearing was adjourned at 9:45 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION NORTHEAST NETWORKS, INC. FRANCHISE AGREEMENT INSTALLATION OF A FIBER OPTIC NETWORK RESOLVED, that the Board of Trustees, after careful review, hereby determines that it would not be in the best interests of the Village of Rye Brook to approve the Franchise Agreement proposed by Northeast Networks, Inc. for the installation of a fiber optic system within the Village of Rye Brook. TRUSTEE DALY VOTING NAY TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mr. Simon and Mr. Pierro thanked the members of the Village Board. RESOLUTIONS 2 . APPROVING SMALL CLAIMS ASSESSMENT SETTLEMENT Trustee Zuckerman stated that this is a small claim action on an assessment which we will reschedule for trial and the appraiser hired by the taxpayer came in with an appraisal that is lower than the amount that we are agreeing to settle for and they are before the Board to get through the settlement now. i I 11 j September 22, 1992 0 0 41 4,9 On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SMALL CLAIMS ASSESSMENT SETTLEMENT PHILLIPS & ALBRECHT SECTION 1, BLOCK 7, LOT 7L I RESOLVED, that the Board of Trustees approves a settlement of a small claims assessment review entitled: Matter of Phillips and Albrecht (296/92) regarding property designated Section 1, Block 7, Lot 7L (2 Hillandale Road) under which the 1992 assessment shall be reduced from $17,400 to $15, 200 with any excess taxes paid during 1992 to be refunded or credited in the second half of the Village tax bill; and be it FURTHER RESOLVED, that the Village Attorney is hereby authorized to execute all documents necessary or appropriate to effectuate the settlement. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. AUTHORIZING REMOVAL OF ASBESTOS ANTHONY J. POSILLIPO COMMUNITY CENTER Mayor Cresenzi stated that we are assuring the County that we are going to remove the asbestos prior to demolition if asbestos should be found to exist in the facility. Lori Ann DeMarco, Asst to Village Administrator and Senior Citizen Coordinator replied that it will most likely be part of the demolition contract. The County needed this guarantee in order to go further in processing our contracts with them. We did not have to give them a dollar amount, just a form of commitment by this Board that, if asbestos was found, we will endorse an abatement agreement. On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION AUTHORIZING REMOVAL OF ASBESTOS ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Village of Rye Brook plans to re-construct the Anthony J. Posillipo Community Center to expand and enhance the facility for the residents of the Village; and 12 004-473 3 September 22, 1992 WHEREAS, this re-construction is intended to be funded, in part, with Federal monies distributed by the County of Westchester; and WHEREAS, in order to qualify for these monies it is necessary to conduct an asbestos survey and this survey has been completed by Elmendorf Environmental, Inc. ; and WHEREAS, the County has requested that the Village adopt a resolution declaring it's intention to abate, prior to demolition, asbestos identified in the survey. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees, in connection with the plan to re-construct the Anthony J. Posillipo Community Center, adopts the August, 1992 Asbestos Survey Study of Elmendorf Environmental, Inc. and declares its intention to fully abate the asbestos identified in the study prior to demolition. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 4. APPOINTING AIRPORT COMMITTEE On Motion made by Trustee Daly, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION APPOINTING AIRPORT COMMITTEE RESOLVED, that Sandy Cortese of 10 Deer Run, Marcia Rogull of 65 Talcott Road, Nancy Tunis of 23 Pine Ridge Road, Jane Steinberg of 14 Edgewood Drive and Susan Glass of 53 Brush Hollow Crescent be hereby appointed to serve the Village of Rye Brook as members of the Airport Committee to represent the Village of Rye Brook on all matters relating to the Westchester County Airport; and be it FURTHER RESOLVED, that David T.T. Smith of 19 Paddock Road be hereby reappointed as Chairman of the Airport Committee. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 13 00447i* September 22, 1992 S. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, 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; On-Line Checks: #5232-5336 Payroll Checks: #7952-8027 Environmental: #360 Recreational Trust: (Birthday Run) Capital: #1023-1027 i i NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above- mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. APPOINTMENT TO ZONING CODE UPDATE COMMITTEE On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION APPOINTMENT TO ZONING CODE UPDATE COMMITTEE RESOLVED, that Ken Brown of 19 Dorchester Drive be hereby appointed to the Zoning Code Update Committee. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 14 00447 September 22, 1992 7. APPOINTMENT OF CO-CHAIRMAN TO CERTIORARI REVIEW BOARD On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPOINTING CO-CHAIRMAN OF CERTIORARI REVIEW BOARD RESOLVED, that Paul Feinstein of 6 Robbins Roost be hereby appointed as Co-Chairman of the Village of Rye Brook Certiorari Review Board. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 8. ALCOHOL BEVERAGE CONTROL On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, j the following resolution was hereby adopted: RESOLUTION ALCOHOL BEVERAGE CONTROL WHEREAS, the Board of Trustees of the Village of Rye Brook has been made aware of the concerns expressed by the Board of Trustees of the Village of Port Chester for increased danger to the community due to the 4: 00 AM closing time set for bars and taverns in Westchester County; and WHEREAS, the Board of Trustees shares these concerns, particularly in terms of the serious implications caused by driving while intoxicated; and WHEREAS, the Board further recognizes that the danger to the community from these implications should be addressed by all municipalities in Westchester County; and WHEREAS, Section 106 of the Alcoholic Beverage Control Law as well as 75-729, Opinion of the State Comptroller grants the Westchester County Alcohol Control Board the power to restrict, beyond the state statute, the hours during which the on-premises retail sale of alcoholic beverages may be conducted; NOW, THEREFORE, BE IT 15 004476 September 22, 1992 RESOLVED, that the Board of Trustees of the Village of Rye Brook, in support of a prior resolution set forth by the Village of Port Chester, hereby requests that the Westchester County Alcohol Beverage Control Board, in the interests of the health and safety of all County residents, set the closing time for the sale of alcoholic beverages on-premises at 2 : 00 AM; and be it FURTHER RESOLVED, that a copy of this resolution will be sent to all other cities, towns and villages in Westchester to demonstrate the support of the Village of Rye Brook for the initiative set forth by the Village of Port Chester and to request that they address this issue in their own communities and adopt similar resolutions. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the Minutes of June 23 , 1992, July 28, 1992 , August 11, 1992 and August 25, 1992 were accepted as presented. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE NEXT MEETING DATES OCTOBER 13, 199.2 - 8 : 00 P.M. - AGENDA MEETING OCTOBER 27, 1992 - 8 : 00 P.M. - REGULAR MEETING RESIGNATION OF POLICE OFFICER On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION RESIGNATION OF POLICE OFFICER RESOLVED, that the Village of Rye Brook Board of Trustees hereby accept the letter of resignation from Police Officer Robert Mancini; and be it 16 J`447 September 22, 1992 i FURTHER RESOLVED, that the Board wishes Officer Mancini the best of luck in his new position with the Westchester County Police Department. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE jThe Board of Trustees adjourned to Executive Session at 10: 00 p.m. to discuss a legal matter and reconvened into public session at 10: 15 p.m. and adopted the following resolution. I i On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION APPROVAL OF SETTLEMENT ALBANESE V. VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook appeared before the New York State Workers Compensation Board for a hearing in the matter entitled Frank Albanese v. Y Village of R e Brook to determine the liability of the Village of Rye Brook for certain injuries sustained by Mr. Albanese on February 1, 1984; and WHEREAS, an offer of settlement was made by the New York State Insurance Fund; and WHEREAS, the Village of Rye Brook agrees to accept such offer of settlement. NOW, THEREFORE BE IT; RESOLVED, that the Village of Rye Brook agrees to enter into a settlement agreement with the New York State Insurance Fund which settlement agreement shall include the following: 1. The New York State Insurance Fund agrees to reimburse and pay to the Village of Rye Brook a sum equal to 25% of the total award paid to Mr. Albanese by the Village of Rye Brook, which award consisted of $22 , 623 . 05 together with 25% of an additional $5, 202 . 00 representing the maximum Workers Compensation payment to Mr. Albanese fo the 102 vacation and sick days for which the Village of Rye Brook has already compensated Mr. Albanese. 17 0044"6 September 22, 1992 2 . The State Insurance Fund shall accept 25% of future liability for any additional awards that may be made by the Workers Compensation Board to Mr. Albanese arising from his February 1984 injury. 3 . The New York State Insurance Fund agrees to make available for the benefit of the Village of Rye Brook claims it has filed to the Special Fund pursuant to Workers Compensation Law, Section 15A. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ADJOURNMENT On Motion made by Trustee Solomon, seconded by Trustee Pellino, the meeting was adjourned at 10: 20 p.m. I Respectfully submitted, i I Elizabeth Czajkowsci Secretary to the Village Board 18