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HomeMy WebLinkAbout1992-10-27 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING OCTOBER 27, 1992 8:00 P.M. PLEDGE OF ALLEGIANCE ACTION RESOLUTIONS 1. APPOINTMENTS TO FACILITIES COMMITTEE 2. , AMENDING INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY REGARDING SOLID WASTE 3. CHECK REGISTER PRESENTATION 4. FIRE STUDY REPORT CARROLL BURACKER & ASSOCIATES NEXT MEETING DATES TUESDAY, NOVEMBER 10, 1992 - 8:00 P.M. - AGENDA MEETING TUESDAY, NOVEMBER 24, 1992 - 8:00 P.M. -REGULAR MEETING I I 004412 MINUTES OF A REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK OCTOBER 27, 1992 1 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 I Also present were: Christopher J. Russo, Village Administrator Lori Ann Della co, Ass1t to Village Administrator Rocco V. Circosta, Director of Public Works Kenneth Powell, Village Attorney Robert J. Santoro, Chief of Police Joseph Cortese, Village Treasurer Elizabeth Bottali, Secretary to Village Board .Carroll Buracker and Les Adams of Caroll Buracker & Associates 004492 October 27, 1992 PRESENTATION FIRE STUDY REPORT CARROLL BURACRER & ASSOCIATES Mayor Cresenzi stated that earlier today, copies of the Fire Study were distributed to the Port Chester Board of Trustees and a discussion followed. There will be ongoing meetings between sub- committees of their public safety committee, which is chaired by John Branca and a sub-committee of this Board, which has not been determined yet. It is our goal to obtain the best fire services for both the Village of Port Chester and Rye Brook at the most reasonable and economical cost and we are moving forward in a very positive manner. Mr. Carroll Buracker, of Carroll Buracker & Associates was then introduced. Mr. Buracker stated that he is part of a public safety consulting firm that is based in Virginia and has been selected by approximately 50 local governments to evaluate their public safety departments. Also, in the fire rescue division is Les Adams, who has been a volunteer fire fighter for over twenty years and a volunteer chief in three companies, and he manages the operations bureau of a fire department that has approximately 1, 400 people, 400 whom are volunteers. Mr. Buracker stated that he has been selected to evaluate many volunteer and career departments. Mr. Buracker went on to stated that Rye Brook requested that we submit a proposal based on a resolution that the Board passed as part of their long range effort and plans regarding government services here for the future. Rye Brook had a contract which was negotiated in 1989 and part of that contract was a provision that the Village of Rye Brook and Port Chester conduct a fire service study to explore the current services. A scope of the study could never be agreed upon. Rye Brook decided, rather than engage in another three year contract, to have a study done to be sure that they were providing the optimum services to it's residents for the least cost. There are four stations, seven engines, also known as pumpers, two ladder trucks and one rescue vehicle. In 1983 , Rye Brook negotiated it's first contract for fire services with the Village of Port Chester for $310, 000. 00 and in 1991-1992 , the budget was $501, 000.00. When it came time to renew the contract, Rye Brook received a letter from Port Chester for the next three year contract and the proposed cost had arisen to $606,530. 00 which represented a substantial increase of 21% At 21% for the next 10 years, could end up costing Rye Brook about 3 . 3 million dollars, translated as $400. 00 per capita and in contrast to $60 or a day. Rye Brook decided to go ahead and conduct the study on it's own. Mr. Buracker met with an official from both Port Chester and Rye Brook approximately 2 years ago, but there was never an agreement on what the study would involve. Rye Brook was interested in studying the service delivery. Port Chester Fire Officials wanted to emphasize that they don't get involved in setting costs for Fire protection services and this was noted in the Fire Report. Based on the budget data given to us from Port Chester Officials, it appears to be $929, 674. 00 and factored out of that budget, $170, 000. 00 which is for Fire Hydrant costs in Port Chester. 2 0044 October 27, 1992 Mr. Buracker stated that Rye Brook pays it's own cost for Fire Hydrants and excluding that cost, Rye Brook is paying approximately 70% of the cost for Fire Protection Services from the Port Chester Fire Department and Port Chester is paying approximately 30%. We had to find the most equitable way of providing services. What we look for when we do these studies are formulas that reflect an j equitable distribution of the cost to the average taxpayer. We look at per capita cost, assessed value and in this case, we looked at workload. If we looked at per capita cost, which do not include businesses, only resident population, Port Chester is paying approximately $9.91 and Rye Brook is paying $68.51 per capita. We felt that the assessed value might be an equitable way to determine the cost to Rye Brook. We determined that Port Chester has about 50.2% and Rye Brook has about 49.8% of total assessed value and we compared that with the cost and Port Chester is paying 30% of the value and Rye Brook is paying 70% As far as workload, Port Chester's services to Rye Brook last year represent about 34% of the workload. If this was based on a per capita basis, the total budget for Rye Brook would be reduced by $340, 000. If we used assessed value, the budget would be reduced by $153, 000, and if we looked at workload, the budget would be reduced by $270, 000. There should be some formalized input Rye Brook has into the fire protection services. We also feel that there are 4 fire stations in the Village of Port Chester and Rye Brook should not be paying for more than one fire station. Les Adams referred to his map and explained that the four stations in Port Chester, one of the stations in Rye City, one of the Stations in Glenville, CT and one of the stations in Purchase are all outlined in different colors and different alternatives are shown for fire services. In looking at the four stations in Port Chester, the circles that are on the map are for 2 mile response areas based on a thirty five mile per hour response and what you consider in response time is flashover, which normally occurs between six and nine minutes. In considering the response time plus time for the incident to be received and dispatched on the radio and the time for the engines to leave the station, you take the four minute response area and increase it. The four circles and response areas from the four Port Chester stations are very close together in only a 2 . 8 square mile of an area, if you were going to design a new fire service for the area, there would only be one station, but history goes back a long way. We wanted to present another option to you, which is, that the northern part of Rye Brook is essentially unprotected or at least out of the four minute response area, which should be a point of consideration. Another option that would provide services to the upper portion of Rye Brook, through mutual aid to Port Chester, if they continued as the primary responsible Department or through some contract between Rye Brook and Glenville or Purchase as they are in the four mile radius. No matter what option that you choose, we recommend that you consider automatic mutual aid and working with the fire departments that you continue to work with. Mutual aid can be in two forms. 3 00449 October 27, 1992 Mr. Adams added that one form that is used today, is when an officer arrives on the scene and requests additional help on the radio. Many times he dictates what station he wants to respond. Another successful form of mutual aid used throughout the Country is Automatic Mutual Aid, where on a mileage basis, the closest stations units are dispatched to the scene and the fire departments work together to provide the service to the public as quickly as possible. one other opportunity for service improvement has to do with communications. At the present time, the communications functions are provided by fire fighters in two stations within Port Chester and those fire fighters answer the emergency phones which residents call. With 911 coming, they would still receive the call through 911 and dispatch the call. We would suggest that Rye Brook consider asking County control to service the dispatch calls received from 911 as well as the dispatch function for Rye Brook and Port Chester and we also suggest that Port Chester consider the mutual aid approach with some of the companies, it would also provide the opportunity to have one central point dispatch the other. In the event that Rye Brook chooses to start their own Fire Department, we recommend the implementation of First Responder EMS and increase the service to the public. Mr. Buracker stated that much of the work that they are involved in now is pursuing more of an interest in local governments across the Country to consolidate rather than piliforate the fire stations and fire apparatus. This is not a consolidation study, it is a study to explore alternatives for the Village of Rye Brook and obtain more information upon which to base it's decisions regarding fire protection. He added that during deliberations and discussions with the Board, we were told by Village officials that services from the Port Chester Fire Department over the years have been excellent. A study was not done of the Port Chester Fire Department. Trustee Solomon questioned if we could get into the fire district options, as far as an overall district. Mr. Buracker stated that it is the same as in Police work, crooks don't stop at the jurisdiction lines, and police do not stop at the line either. In fire service, there are benefits of a fire district. As Rye Brook pursues it's discussions with Port Chester, they should consider the area of a fire district, because it will cross jurisdiction lines and be a more equitable distribution in terms of what people pay for services, and in some places in the Country, that is exactly the way fire services are funded. We did not get into fire districts, because we would have had to interact with Rye City and a number of the other jurisdictions. Had this been a consolidation study, perhaps we could have gotten into that, but it would have required active participation of all the neighboring jurisdictions. If you look at all the fire stations in this community, you would not place them the way they are currently placed, but trying to change history in a local government is very difficult because there are emotional issues, people have belonged to these associations for many years and donated a lot of hours, have given their lives or sustained injuries for the service, so it has to be handled with great care. 4 October 27, 1992 Trustee Zuckerman questioned whether in Villages the size of Port Chester and Rye Brook and adjoining Villages, such as Harrison and Rye City, there is an optimum size of a fire district, should this ever come to discussion? Mr. Buracker stated that it is not set up by size in terms of population, or what the assessed value of the area is. It often has to do with the local governing bodies getting together and ! establishing what they feel the districts ought to be. i Trustee Pellino questioned if Mr. Buracker or Mr. Adams have ever seen or heard of a district that included an area from another state, where you are basically talking about collectively taxing in an inter-state mode. Mr. Buracker stated that in the States of Maryland, Virginia and the District Columbia, they do not recognize any boundaries or jurisdictional lines. They have automatic mutual aid. The closest unit is dispatched regardless of where they are and they cross city, state and county lines. The tax base is local, but when they need these fire fighters, they respond. Generally, there is no friction in Westchester County as we have some very talented people in this area. If you had your own fire station here, and you paid for your own fire fighters, you could hire them under a different standard and have them respond out on heart attacks and strokes rather than depending on a volunteer or contractual ambulance squad. These are lifesaving people and that seems to be the industry standard to stay with very progressive fire rescue EMS organizations. Roger Herman questioned what the costs would be for a Fire house to be built in Rye Brook. Mr. Buracker explained that we would still use other organizations, but to staff our own firehouse, the apparatus would be $40, 000 annual cost, staffing would be $638, 000 annual cost, operating would be estimated at $100, 000, annual debt for a new fire station would cost around $100, 000 and this would total $878, 000. This would drop to $738, 000 once the station debt is satisfied. If Rye Brook were to build it's own Village Hall and Firehouse at the same site, there could possibly be some savings there. Staff costs will eventually rise though. Bob Morabito questioned where the volunteers of the Port Chester Firehouse reside. Mr. Buracker stated that they did not get into personnel. It is possible that we could get a sufficient amount of volunteers to staff that station. Trustee Solomon replied that unofficially, there are 150 active volunteers that reside in Port Chester, 15 members that live in Rye Brook, and 15 members that live in the Greenwich/Byram area. 5 October 27, 1992 0044116 Mr. Heller questioned if Port Chester is factoring in their past cost of the fixtures and equipment rather than strictly operating costs. Mr. Buracker stated that Rye Brook is also contractually obligated for apparatus replacement and maintenance of the stations. If we lost a fire engine, Rye Brook would have to pay part of that. Mr. Heller questioned if we paid the same proportionate amount that was paid out since the Town has changed to the Village. I j Mayor Cresenzi stated that before 1981 we were paying substantially lower than the ratio that we are paying now. Since 1982 the ratio has changed and we have been paying proportionately higher amounts. Sometimes the increases have gone 6 1/2 or 7% to 5% or 30% increase. Just last year, they requested a 21% increase. Mr. Heller questioned if this ratio has changed because renegotiation between Rye Brook and Port Chester has resulted in change of ratio. Mr. Buracker stated that Rye Brook, in the past has had limited, if any options for paying for fire services. It has limited opportunities for a different funding formula or a service source. In 1989, Village Board said that they weren't going to go further until a study was undertaken, because they were concerned about why their costs were going up. Rye Brook received a letter that said Port Chester was increasing the cost by 21% in 1992 and they decided to have someone look at this because they were concerned about the dollars. They could not do anything before that because of the three year contract. It appears that Rye Brook is trying to get the best that they could based on our review and documentation. From the time that the original letter of the increase came in and Rye Brook decided to go through with this study, Port Chester reduced the cost by 74,000. Mr. Heller questioned if insurance rates are based on the quality of fire protection. Mayor Cresenzi replied that, from working on the first fire study, he found that it has to do with fire hydrants and the distance of the hydrants that help determine your fire rating on your home. Bob Morabito stated that response time effects your fire rating also. Mr. Buracker stated that if there were hydrants in Rye Brook and a station in the middle of the community with volunteers on standby and they got out very quickly, that may have an effect on your insurance service rating, which would be then considered. Mr. Morabito questioned if response time had something to do with overall actual lifesaving, which is where your liability insurance is. 6 00449 i October 27, 1992 Mayor Cresenzi replied yes, however we were speaking about fire insurance before. Mr. Buracker commended the Board for engaging in these issues and for having such a sincere interest here in a progressive approach to local government for receiving the best fire protection service. There appears to be a great opportunity for agreement by the current officials in Rye Brook and Port Chester. The mutual j discussions will benefit everybody. We can't stop at jurisdictional lines when it comes to saving lives and that seems { to be very positive for this community. If it doesn't occur, Rye i Brook has many options. They can stay with Port Chester, who is doing an excellent job, and get more involved and have many discussions or build their own firehouse. Mr. Heller questioned if having Port Chester and Greenwich back us up would be a very complicated procedure and even be possible. Mr. Buracker stated that Mr. Adams teaches at the national Fire Academy and they have worked with seventy companies across the Country and from what he has seen, Automatic Mutual Aid is the state of the art. He added that he spoke with the first selectmen in Greenwich, and they said that they will be glad to cooperate in Rye Brook in any way possible. I i Mr. Heller questioned if Glenville could be made primarily responsible for the North area or did they have to be called in as secondary back up. Mr. Buracker stated that actually all fire stations respond routinely under Greenwich. Rye Brook would probably want to consider having legal Counsel look at that. Greenwich said that they would be glad to help. Trustee Pellino stated that having Glenville respond primarily would enhance the response time and possibly save a life. Mr. Buracker stated that the good thing about Glenville is they have people paid around the clock and they can respond as soon as you call. In Port Chester, they need to have people to report to the station, get the apparatus and drive there, but many times there are people there. Mr. Buracker added that if things did not work out, Rye Brook could even send out bids on fire services and have a contract with other municipalities. These options were not clear in the past, but the future looks very bright here in terms of having quality service at a reasonable cost to the taxpayers. Mayor Cresenzi thanked Mr. Buracker and Mr. Adams. RESOLUTIONS 1. APPOINTMENTS TO FACILITIES COMMITTEE On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: 7 00449 October 27, 1992 RESOLUTION 1 APPOINTMENT TO FACILITIES COMMITTEE RESOLVED, that Mark Grund of 16 Tamarack Road and John Conroy of 25 Churchill Road be hereby appointed to the Facilities Committee of j the Village of Rye Brook as authorized at the October 13, 1992 Village Board Meeting. I TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE i 2 . AMENDING INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY REGARDING SOLID WASTE Administrator Russo explained that this is the Amendment to the Inter-Municipal Agreement for the Westchester County Solid Waste which provides for our recyclables now going to the new County Material Recovery Facility (MRF) in Yonkers. The major concern is that in the existing agreement we are obligated to deliver a j certain minimum tonnage to Charles Point to the resource recovery plant. On Motion made by Trustee Daly, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION RECYCLING INTERMUNICIPAL AGREEMENT COUNTY OF WESTCHESTER SOLID WASTE WHEREAS, Board of Trustees of the Village of Rye Brook has adopted a program to encourage recycling and has provided for the municipal collection of source separated recyclable materials; and WHEREAS, the County of Westchester (the "County") , acting on behalf of its Refuse Disposal District #1 (the "District") , has constructed a material recovery facility (11MRF11) in the City of Yonkers for the purpose of collecting, processing and marketing source separated recyclable materials as a service to and for benefit of municipalities within the District; and WHEREAS, the Village of Rye Brook is a participant in the District and a party to a certain inter-municipal agreement with the County for the disposal of solid waste; and WHEREAS, the County, acting on behalf of the District, has tendered to the Village a form of agreement (the "Agreement") relevant to the delivery by the Village to the MRF of certain of its municipally collected recyclable materials; and 8 00449i October 27, 1992 WHEREAS, the Board of Trustees has carefully considered the contents of the Agreement, the operations of the MRF and alternative methods of arranging for the re-use of recyclable materials and concluded that it would be to the benefit of the Village and its residents to utilize the MRF. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook be, and hereby is, authorized to enter in to the Agreement with the County of Westchester, a copy of which has been presented to the Village and jshall be deemed to be a part hereof, such Agreement to provide the terms and conditions for the delivery of recyclable materials to the MRF and, be it further RESOLVED, that the Agreement provides, among other things, that: a) The agreement shall be co-terminus with the agreement between the Village and the County regarding the delivery of solid waste to 1 the Charles Point Resource Recovery Facility; b) Prior to January 1, 1995, there shall be no disposal fees for materials delivered to the MRF and, thereafter, there shall be fees only as and if adopted by the County Board of Legislators as a District Rule; c) The Village shall be obligated to deliver to the MRF, all recyclable materials collected by it, of the type acceptable for processing at the MRF; d) The Village shall provide a location for a District provided container for the collection of recyclable materials to the MRF in the manner specified by the District, as provided for in the County's Solid Waste Management Plan; e) The Village shall be reimbursed by the District for disposal payments imposed for deliveries below the required minimum tonnage pursuant to the Solid Waste Intermunicipal Agreement when such failure to deliver results from the success of its recycling program; f) Net costs of the MRF shall become a District charge and net revenues shall be credited to the District; and be it further RESOLVED, that the Mayor, be, and hereby is, authorized and empowered to execute the Agreement and such other documents and to take such other actions as may be necessary and proper to effectuate the purposes hereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 9 0 21 October 27, 1992 3. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION i CHECK REGISTER WHEREAS, the following checks representing payment for services rendered, have been submitted to the Treasurer's Office for payment j and have been certified to by the Village Administrator; On-Line Checks: #5437-5520 Payroll Checks: #8233-8322 Environmental: #364 & 365 Recreational Trust (Birthday Run) : Capital: #1035-1038 i Manual Checks: #10069-10077 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 4. TAX CERTIORARI SETTLEMENT ROYAL EXECUTIVE PHASE I, II AND III Administrator Russo pointed out that since the last meeting there was a session with the Assessor where we discussed the mechanics of reviewing this and discussing some of the more technical information so that everyone would have a better understanding prior to putting this on the agenda for the Board Meeting. Attorney Powell explained that there are a number of tax certiorari actions pending against the Village by both New York Telephone and Royal Executive Park. A series of these lawsuits were settled through the Town of Rye by providing for, essentially, a perspective series of assessments over the future. For example, the NY Telephone Company settlement provides for a 1992 , 1993, 1994 and 1995 assessment at a certain level. There would only be a refund for a proportion of the taxes paid during 1992, which would exceed the tax based on the assessments setforth in the agreement, which is approximately $3, 000. The agreements provide for the lawsuits to be discontinued over a period of time as each of the assessment years takes place and the assessment for that year is established as per the stipulation. 10 004501. October 27, 1992 Attorney Powell added that the Royal Executive Park agreement, which also has been negotiated with the Town of Rye and the property owner, provides for the discontinuance of six certiorari petitions, two each for Phase I, II and III, of the Royal Executive Park Development. It provides for a series of assessments for each of these phases to take place between 1992 and 1994 and provided those assessments are established by the assessor at the end of 1994 all of the proceedings would be discontinued with prejudice and without refund. There is a provision providing that if there is new construction on the site, this agreement would not bind the assessor as to the value of that new construction, although the property owner would have the right to protest that increase based on new construction. Trustee Daly questioned what would happen if there is some change between now and 1995. Attorney Powell stated that essentially, they are set until 1995, but if these assessment figures are not met by the Assessor, the lawsuits are reactivated and can be pressed by the property owner, except for new construction, which would be a separate issue. These provision provide protection to the property owner and are not out of the ordinary. Trustee Daly questioned why it was not spread out over the whole four years for the New York Telephone resolution. William Wendlandt, Village Assessor, explained that the reason it was not spread out was because in order to have the company discontinue the lawsuits we had higher assessments in the years 1989, 1990 and 1991 so we wanted to make the adjustments reflected as if we were years giving them in the years going forward. Trustee Solomon questioned if most of this was based on the fact that the equalization rate is dropping.q PP .g Mr. Wendlandt stated that it is a combination of both the rate dropping and also we need the public utilities to institute a new methodology of appreciation which actually destroyed us. Trustee Solomon questioned that if the equalization goes up, could we then file a reverse certiorari. Mr. Wendlandt replied that if it goes up, we could not file a reverse certiorari. We are currently trying to get them to reconsider and roll back this methodology of appreciation which is hurting us more than anything else. Trustee Zuckerman questioned what would happen, for example, if NY Telephone installs a fiber optic line in the poles and goes fiber optic in the next year or so, thus increasing the value of it's franchise, property, etc. Mr. Wendlandt explained that if we can get the inventories of those factors, then we can, under public service, anticipate to increase that value. 11 004150 October 27, 1992 Administrator Russo questioned if the State should pick that up. Mr. Wendlandt explained that if we went to the State and said give us the mileage for Deer Run or any utilities, they only give us what they get from NY Telephone. Bob Morabito stated that the equalization rate effects the schools and Mamaroneck fought for the equalization rate and won and their percentage went up 11%, which had a tremendous impact on their County Tax and School Tax. Trustee Solomon questioned how long it took Mamaroneck to succeed. Mr. Morabito stated that they did this over a six month period. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION TAX CERTIORARI SETTLEMENT ROYAL EXECUTIVE PHASE I, II AND III RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approve the settlement of tax certiorari proceedings entitled: Royal Executive Park Phase Ivs. Lombino, at al. (no index number) and Royal Executive Park Phase II vs. Lombino (no index number) Royal Executive Park Phase III vs. Lombino (no index number) for 1991 assessments and Royal Executive Park Phase I vs. Lombino (Index No. 92-07229) and Royal Executive Park Phase II vs. Lombino (Index No. 92-07228) Royal Executive Park Phase III vs. Lombino (Index No. 92-07230) for 1992 assessments for Phase I and II and III of Royal Executive Park under the following provisions: 1. The tax assessments for Royal Executive Park Phase I shall be as follows: Phase I (1-3-2) Assessment Year Assessment 1992 Village $2, 925, 000 1993 Village $1, 925,000 1994 Village $1, 750,000 2 . The tax assessments for Royal Executive Park Phase II shall be as follows: Phase I (1-3-2. 1) Assessment Year Assessment 1992 Village $1,750, 000 1993 Village $1,750, 000 1994 Village $1,750, 000 12 oo4503 October 27, 1992 3 . The tax assessments for Royal Executive Park Phase III shall be as follows: Phase I (1-3-2 .2) Assessment Year Assessment 1991 Village $371,500 1992 Village $371,500 1993 Village $371, 500 1994 Village $371, 500 4. London & Leeds may maintain current tax certiorari proceedings for 1991 and 1992 assessments for Phase I, II and III and may file complaints and petitions in respect to 1993 and 1994 assessments, provided that all of such proceedings, complaints and petitions for such years shall after the filing of the 1994 final assessment roll for Village taxes shall be discontinued if the assessments have been maintained as set forth above. 5. Provided assessments are maintained as set forth above, no tax certiorari proceedings (1991, 1992 , 1993 and 1994) shall be placed on the Trail Ready Calendar. 6. Limitations under Real Property Tax Law section 718 are waived in respect to proceedings for 1991, 1992 , 1993 and 1994 assessments; and be it FURTHER RESOLVED, that the Mayor or Village Attorney is hereby authorized to execute and deliver all documents necessary or appropriate to effectuate the purposes hereof. 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 Solomon, seconded by Trustee Zuckerman, the following resolution was hereby adopted: - RESOLUTION APPROVING TAX CERTIORARI SETTLEMENT NEW YORK TELEPHONE COMPANY VS. VILLAGE OF RYE BROOK INDEX NOS. 8417-86, 7377-88, 7706-89, 9458-90, 14506-91, 8491-92 RESOLVED, that the Board of Trustees approves settlement of the captioned tax certioraris commenced against the Village under the Real Property Tax Law regarding outside plant property located on parcels designated as Section 1, Block 600, Lot 2 . 1, Section 1, Block 600, Lot 2 , and Section 1, Block 600, Lot 3 . 3 upon the following: 1. The Assessments for assessment years 1992, 1992, 1994 and 1995 shall be as follows: ($9, 000. 00) 13 October 27, 1992 Tax Mab 1992 1993 1994 1995 i 1-600-2 43 , 200 29,700 16,200 16, 200 1-600-2 . 1 64,700 44, 500 24, 300 24, 300 1-600-3 .3 1,200 1, 200 1,200 1,200 2. Stipulations of discontinuances with prejudice and without costs shall be filed as follows for pending proceedings. Index Number of Proceeding Assessment Year To Be Discontinued 1992 8417/86; 7377/88 1993 7706/89 1994 9458/90 1995 14506/91 3 . Provided the Assessments are maintained as agreed upon, New York Telephone Company will not seek relief regarding the properties covered by the Stipulation in the relevant years. 4 . Limitations under Section 718 of the Real Property Tax Law are waived for pending proceedings. i 5. The agreed upon assessments shall not be used in the future as proof of New York Telephones agreement as to such valuations. 6. A consent judgement shall be entered for 1992 assessments establishing the 1992 assessment as set forth above and the Village shall pay a refund to New York Telephone Company with statutory interest Village taxes for uncorrected 1992 assessments in excess of the amount that would have been payable on the revised 1992 assessment. 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 Pellino, seconded by Trustee Zuckerman, the Board adjourned into Executive Session for personnel litigation at 9:25 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi announced that on November 9, 1992 we will be having a Joint Executive Session Meeting with the Blind Brook School Board. We were invited to participate in their Executive Session, as we have some mutual things to discuss. 14 i October 27, 1992 0045=0 Trustee Daly stated that it is ridiculous that we have to meet with them after their meeting at 9: 00 p.m. at night and the public is not invited. All Board members agreed. Mayor Cresenzi stated that they invited this Board to their Executive Session and the only way we can legally attend is to adjourn into that from this meeting so the public is at least aware of where we are and what we are doing. If we miss the opportunity to speak at this Executive Session, it would not benefit this Village. I would prefer for this meeting to be public, but that is not the way we were invited to attend. All Trustees agreed that it should be a public meeting, however if that was the only way we could get our input in, then they should i attend. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the Board adjourned into Executive Session on November 9, 1992 with the Blind Brook School Board. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Mr. Heller stated that he was a little concerned about this Executive Session Meeting. One is a School Board and this is a Village Board. If this involves Village matters then the whole Village should be aware of what goes on and both School Boards should be included. Trustee Solomon questioned Attorney Powell if after we have the Executive Session with the Blind Brook School Board and the Village Board feels that those matters should be discussed in public, can we report to the public on those issues. Attorney Powell stated that they can report back if the Board wishes to do so, as long as they don't involve personnel or litigation matters. Bob Morabito questioned if it is legal to have Executive Sessions unless it pertains to litigation, contractual or personnel. Trustee Zuckerman stated that he objected to discussing matters unless they are specific personnel or contractual in Executive Session. Mayor Cresenzi stated that we don't know what they are discussing so we can not yet determine whether or not it is legal. 15 OQ41)-Q0" October 27, 1992 Mr. Heller stated that district 14 should have been invited. Trustee Zuckerman replied that District #5 invited the Village Board to meet with them, we have no control over who was invited. We would be happy to meet with District #4 in open session and discuss matters of interest, but we have not yet been invited to any of their meetings. Mr. Heller stated that they are meeting tomorrow night. Mr. Morabito announced that they were looking into having a study, much like the fire study, to explore the school district and the Village and they would like to involve Rye Brook. 1 Mayor Cresenzi stated that any time that we can sit down and talk is always productive. j Mr. Heller questioned if this Board had a liaison for District #4 . Mayor Cresenzi stated that the relationship that we have with District #4 is very good, having quite a bit of contact with Superintendent, Anthony Napoli and the Board of Education and Marie Gentile. The Trustees have attended various School Board Meetings periodically. As issues come up, we deal with them in an administrative manner. RECONVENE The Board reconvened into public session at 9:40 p.m. On Motion made by Trustee Solomon, seconded by Trustee Pellino, the Board called for a Public Hearing on Tuesday, November 10, 1992 at 8: 00 p.m. to discuss proposed Local Law # 1-1992 entitled Establishing a Term of Office for Chief of Police. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE ADJOURNMENT The Meeting was adjourned at 9:50 p.m. Respectfully submitted, Elizabeth Bottali Secretary to Village Board 16