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HomeMy WebLinkAbout1992-11-10 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING NOVEMBER 10, 1992 8: 00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING 1. PROPOSED LOCAL LAW #3-1992 OFFICIAL TERM OF OFFICE CHIEF OF POLICE RESOLUTIONS 2. ESTABLISHING LEGAL COMMITTEE 3. AMENDING AUTO MILEAGE/EXPENSE ACCOUNT POLICY 4. DESIGNATING DATE OF VILLAGE ELECTION AND POSITIONS TO BE FILLED S. CHECK REGISTER WRITTEN COMMUNICATION 6. MICHELLE FISCELLA RYE RIDGE SHOPPING CENTER MERCHANTS ASSOCIATION RE: THANKSGIVING DAY PARADE DISCUSSION 7. AMERICAN RED CROSS TURKEY TROT 8. STATUS REPORT: EPA MERCURY CONTAMINATION NEXT MEETING DATE: TUESDAY, NOVEMBER 24, 1992 - 8:00 P.M. 004-0-Q o MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 10, 1992 8:00 P.M. I 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. I 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 i Also present were: Christopher J. Russo, Village Administrator Lori Ann DeMarco, Asst 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 November 10, 1992 004506 Mayor Cresenzi stated that at the last Meeting the board adjourned into Executive Session for a meeting with the School Board of District #5, which lasted a few hours. The material discussed was of an Executive Session nature and involved personnel and common problems regarding the certiorari's that are effecting both the Blind Brook School District and the Village of Rye Brook. We decided that other items, such as the Joint Traffic Study that the Village Board and the School District funded for the traffic improvements needed at the Blind Brook High School would be discussed at a Public Meeting to be held on the 23rd of November at 8: 00 p.m. i PUBLIC HEARING i 1. PROPOSED LOCAL LAW #3-1992 OFFICIAL TERM OF OFFICE CHIEF OF POLICE Administrator Russo explained that the proposed Local Law provides for a five year term of Office for the Chief of Police. This proposal has been made so that the Board can have an oversight over the position j other than the process under the Civil Service Law. He then read the purpose and authority of the Local Law to the Public. He added that although these terms of accountability and responsiveness in a position might seem radical to some, we are working with History as it's lesson, as we have found that the requirements of the Job of Chief of Police cannot be guaranteed simply through the Civil Service System. Trustee Solomon questioned what type of politics can get involved through the appointment and dismissal of a Chief and also how we would obtain a competent Police Chief knowing that they don't have any job security. These two issues should be discussed thoroughly before passing this law. Trustee Pellino responded that he felt that the issue of providing for the continuance of high performance in the position supersedes the concern over whether or not we will be able to obtain applicants. We should have no problem getting qualified applicants for this position. It is the responsibility of the Administration to be sure that an Office holder conducts him/herself and performs their duties to the highest possible standards. We currently have a Chief that is doing this, and being able to review the performance after a period of time affords the community the reassurance that we would always have someone who is performing to the highest standards in that office. Trustee Zuckerman stated that all Village Officials in a supervisory capacity have a term of office, as well as the Village Administrator and Highway Supervisor. Trustee Zuckerman added that the Chief of Police should not be any different, being one of the most supervisory positions. As far as the political issue, this Village is not a politically patronage orientated Village and the Board of Trustees will continue to always choose a Chief of Police based on ability and not on politics. 2 ,104501 November 10, 1992 Trustee Zuckerman added that anyone in a position of authority should not fear whether he is going to be discharged because of politics and they should always have confidence that if he or she is doing a good job, that their job will be extended past the term of office. Our current Chief, who we are going to be appointing soon, could look forward to being reappointed if he is doing a good job. No one should operate based on a fear of non-reappointment. Trustee Daly stated that she slightly disagreed with Trustee Zuckerman in that the other people working for the Village don't really have a term of office. Yes, we do reappoint some of them on a year to year j basis, but we don't hire them with the knowledge that they are only going to be here maybe until next year and then they'll be gone. Also, right now, for the good of the Village, we don't happen to have any politics involved, but we might not be here in the future, and that is something that might come into play. What happens if in two years, we decide that the Police Chief is not doing well, Trustee Daly questioned? We will still need to go through the applicable Civil Service laws to remove him, so we are saying that we are going to wait out the five years and then keep him for another three when he is not doing a good job. She also questioned how long a probationary term is. Administrator Russo replied that a probationary term is a minimum of twelve weeks and a maximum of twenty six weeks, which is set by the County of Westchester. Trustee Zuckerman questioned if the term of office should coincide with the appointment schedule of the rest of the Village Officials, which is the first Monday in April, as opposed to a set five year term. Trustee Pellino stated that it would make more sense to have the appointments all coincide with each other. Mayor Cresenzi stated in reference to Trustee Solomon's question of politics entering into the job. . We all serve at two year terms and the term of office for Chief of Police would be five years so that should help to eliminate a problem if politics should become an issue. Mayor Cresenzi stated that we are really talking about Professional Management by this Board, of both the Department and the Chief of Police. In the past, we undertook management studies of our office staff and we have implemented about eighty five percent of the recommendations in that study. A few years ago the Village Board undertook a study of the Police Department. We implemented many of the recommendations that were made by Mr. Buracker and Jim Cotter in that study, however, there is more work to be done in that Department. The current Chief has been doing a fine job for the last eighteen months, and will continue to do a fine job as our relationship has been excellent, but it is my opinion that the professional management workability that this Law will give the Board is a tremendous asset and it would make good sense. This would be much better for the residents of Rye Brook. Trustee Daly pointed out that this Local Law was not a recommendation of the Police Study, just in case it sounded that way. 3 November 10, 1992 0045.110 Trustee Zuckerman also pointed out that the only municipality that has a term of office for their Police Chief is in the Town of Saugerties, and this would be like breaking new ground. This is a good management tool which allows the Board to have a greater function in overseeing the Police Department. Trustee Zuckerman added that he is in favor of this law. Trustee Solomon questioned if, under this law, we would need to go through Civil Service if we decided not to reappoint a Chief. Attorney Powell stated that after the expiration of the term of office, the Office holder would serve in a position as a holdover and based on cases, would not have Civil Service status. jTrustee Solomon also questioned if this law looks as though we are interfering with the operation of the Police Department in anyway. Mayor Cresenzi replied no, that we do not work that way and questioned Police Chief Robert Santoro if he felt that in the past eighteen months he had been given any undue pressure from the Village Board. i j Chief Santoro replied that he has felt no pressure. Trustee Solomon question Chief Santoro if he felt that this law might create the appearance of us interfering with the operations of the Police Department. Chief Santoro replied that it might be perceived as such, however we would try our best to make sure it did not happen. Trustee Pellino stated that when you are appointing someone to such an important position, you are going out and tapping the resource of the most professional person you can find to fill the job. The members of this current Board would never interfere with the operations of the Police Department. This would only help the Village and the Professional to give them the springboard that they need to continue to pursue their position at the highest level. Trustee Solomon questioned if Chief Santoro felt that this law might deter the Village from finding the most qualified person to be Chief, because of a lack of job security. Chief Santoro replied that it was difficult to answer, as this is a brand new law. Job security is a very important factor in Police Work. Mostly everyone that takes the test to become a Police Officer has job security in the back of their mind. Mayor Cresenzi agreed, however the pro side is that if you have someone that, if the position becomes available, has the ambition and the confidence in themselves to do a good job and the leadership qualities to lead people, they will take the position and do an extraordinary job. Trustee Daly stated that down the road, there may be other Trustees on this Board, and we may have a Chief of a younger age and they are appointed for a five year term. After that five years, they can't retire because they do not have enough years in, so if they do not get appointed, they do not have a job, which is of great concern. 4 November 10, 1992 Trustee Zuckerman stated that he would assume that anyone taking on the job of Chief of Police would have enough confidence that he is going to be reappointed if he is of an age not yet able to retire. He added that he would not want to hire a Chief not having that self confidence. Trustee Daly stated that she agreed, however, just because they think they are going to be reappointed, doesn't necessarily mean that we think that. If this Board was going to remain the same, that would be fine, but future Board's will change. Trustee Zuckerman stated that he would hope that future Board's would be even better than this one. Trustee Daly stated that she agreed with that also. Mayor Cresenzi stated that we would need to change the language in the law so that we could coincide with other official appointments. Administrator Russo stated that the appointment commences after the probationary period you can adjust the probationary period so that it ends on the start of the official year. The probationary period must be at least twelve weeks to a maximum of twenty six weeks. We must pick something in the number of weeks that brings it to the start of the official year. Mayor Cresenzi stated that the intent would be to close the public hearing, the appointment and the resolution could be ready for the next meeting, so if it is agreeable that we want to do that and have it start on the official year we can work out the language between now and then. Attorney Powell stated that if we are going to change the language of the local law, we will have an issue about whether or not we must continue the Public Hearing. Trustee Zuckerman questioned if this was a material change. Attorney Powell- stated that there is nothing in the law that tells you exactly what a material change is. Mayor Cresenzi questioned if we could phrase it in such a way that the term of office is to be dealt with in the resolution, or does it need to be dealt with in the local law. Attorney Powell stated that under the provisions of the law as written, the term would take place upon the actual appointment of the probationary term. In order to begin that term at a different time there would have to be some language changes in Section II. He recommended that if we decide to change the language in the local law, that we continue the Public Hearing to the next meeting and have the revised Local Law available at that time and then have the Board of Trustees make their decision. Mayor Cresenzi stated that he would rather wrap it up this evening than changing the language to have the Public Hearing continue to the December Meeting. He questioned if the number of the Local Law was correct. 5 November 10, 1992 0 045- .2 Administrator Russo stated that the number of the Local Law would be okay the way it is. Ken Heller of 22 Lincoln Avenue questioned if under this law, would it be easier to replace a Police Chief. Attorney Powell explained that under the current law, the Police Chief's appointment is for life, subject to removal for cause. In order to remove for cause, it would require a hearing before the Board of Trustees, written charges, a transcript, a written decision and then subsequent review in the courts. Under this law, those disciplinary rights would be preserved during the five year term of office, but at the end of that term the position would be subject to a reappointment and would not be subject to removal proceedings just described. The new appointee would have to have the qualifications under the Civil Service Law, having been selected under the merit and fitness requirement, either by reappointment of the current office holder or by the civil service process. The current office holder at the end of the term serves in what is called a holdover capacity, meaning that the office is filled, but is vacant for purposes of a selection of the new appointee. Mr. Heller questioned if there is someone with a higher grade on the test, would they be able to pursue getting the job even though we want to keep the current Chief. Mayor Cresenzi replied that it would have to be someone within the Department. The only management option that Village's and Towns have would be if we opted to go through a chain of command starting with a Commissioner, which would serve at the discretion of the Board of Trustees, but we would still be required to have a Chief of Police. Cities have a Commissioner and can then go down to Captains and so on. We could also appoint an Acting Chief pending another exam. If the Chief were to retire mid-term, we would then have to call for an exam to be given when the system decides and then it takes at least six months for a list to come out. Then it depends on who passed it. They may not give an exam for eighteen months and then you would have an Acting Chief in the position pending an exam coming out. Rhoda Steinberg questioned why no other jurisdictions have done this. Mayor Cresenzi stated that he did not know. Attorney Powell stated that the concept for a term of office for Civil Service appointees is not that unusual. There is only one other issue like this, which was in Saugerties. Carl Verrastro, a resident of Tower Hill Drive in Port Chester and also the Police Chief in Port Chester stated that he respects and admires the form of Government in Rye Brook, particularly because it is a-political, with the existing members of the Board. This, however may change in years to come. He added that he holds three college degrees in Police Science, a graduate degree, and is also a member of the International Chiefs of Police Association and in going through text books there are always a few chapters on the political interference in Police Departments. The risk you take, is the Public's perception and also within the Department. 6 I November 10, 1992 J('45- 1 � For example if a Chief recommends an officer for a promotion such as Sergeant or Lieutenant, you run the risk of the members of the Department perceiving it as the Good Old Boys. This does not exist in this Government and Rye Brook should be commended for that. Chief's should have some flexibility to set policy. They should have the authority to make certain decisions. Down the road, you may run the risk of a negative perception, with new members coming on the Board. The officers may have some difficulty in dealing with their subordinates. The subordinates might perceive them of not truly being deserving of their assigned promotion, as they received their position through influence. Chief Santoro did not ask me to be here, and I hope I have not offended him by doing so. He added that he feels that this law should be given a great deal of thought. Mayor Cresenzi explained that in Rye Brook, when we have an opening for a position, we have to deal with the Civil Service list. We take the top three scores that are on the list to have an interview before the Board of Trustees, the Chief of Police and the Village Administrator, as a Board of Commissioners. We review the personnel jackets, get input from both the Chief and the Village Administrator and then the Board chooses who is given the promotion. Chief Verrastro stated that in Port Chester, the promotions are made by the Village Manager, based on the same requirements. It really becomes ugly, he added. The public is assured that politics take no part in this, however. . . . The last thing you would want to do is give this political perception to the public. Mayor Cresenzi stated that the Chief runs the Department on a day to day basis and he is in control of his men and investigations that are going on and when he feels the Board needs to know about something, he is very cooperative and keeps us very well informed. What we are trying to avoid is, for any future Board having to deal with a lifetime appointment that totally ignores the policy directions that are set forth by the Village Board and the disciplinary procedures that are set forth under Civil Service law. Aside from murder and rape, to fire a Chief is really borderline impossible. This is why we are trying the management option of the appointment. Trustee Pellino stated that this is what we view as the responsibility of the Executive Board of this Government. We need to have a responsibility to the citizens to see to it that all of our top slots in the Government, whether it is the Village Administrator, Director of Public Works, etc, are the right people for the job, qualified at the top of their profession and that they carry out the duties of their office in accordance with policy set by the Village Board of Trustees. He understands Chief Verrastro's points, however our view is from an administrative standpoint, which is our only motive here. Chief Verrastro stated that, with no disrespect intended, a Chief that has to serve under these circumstances is serving at the pleasure of the Board. 7 November 10, 1992 UUCP 14 Trustee Zuckerman stated that this concern has been raised since the beginning of the Civil Service Law back when it was passed under the term of Chester A. Arthur. What Chief Verrastro has sited is quite valid, however the responsible Board must bear that responsibility, choose administrators of the Village and take ultimate responsibility for that. Chief Verrastro has a perception coming from the Village i where he serves, quite ably, he added and he is very well learned and is a top man in his field, but the Mayor has just explained how we handle our promotions here, which is different than in Port Chester, which has less of the ability to be political than having one Village Manager making promotions who, may himself be politically appointed and also be of a certain political party. The entire feeling within our Village is of a non-political nature and some of us feel that the residents of Rye Brook will not perceive it as being political, whereas in other jurisdiction that might happen. We are a very responsible Board, and we are not afraid of standing up and taking the responsibility to run the various services of the Village, no matter what they might be. Chief Verrastro stated that he discussed this issue with a few Commissioners who do serve at the pleasure of their elected governments. Those municipalities have Commissioners, unlike a Chief, and these Commissioners have the power to hire and fire and discipline officers. Again, he restated that Rye Brook is to be admired for not being a political Village, however, it may not always be this way and establishing this Local Law may be a mistake. Mayor Cresenzi thanked Chief Verrastro for taking the time and giving his opinion on this matter. Trustee Solomon questioned Chief Verrastro, if a Chief is not going to be reappointed, could the function of the Police Department be disrupted by this type of decision. Chief Verrastro stated that there is a possibility of sabotaging the existing administrator by making him look incompetent. Mrs. Steinberg- questioned if this would affect the Police Officers perception of their job. What if an arrest is made of a local person who is related to a member of the Board, will this influence the decision of the Police Officer. Mayor Cresenzi stated that he can only go by the history of this Village, and the record that is there and hopefully it will continue into the future, but if the people elect Trustees that abuse a privilege, than they have recourse during the next election. Trustee Zuckerman stated that we must depend upon the professionalism of our Police and the training given by the Chief as well as others. We cannot assume that our ranking Policemen are looking to undermine a Chief because of a term of office. Mayor Cresenzi stated that there is a Chain of Command. Police Chief, Lieutenant, six Sergeants, two Detectives and a Youth Officer. Trustee Daly stated that most Officers don't live in Rye Brook. 8 00 6 Trustee Solomon stated that the more he studies this, the more worms that keep appearing. He is concerned that a can of worms could leave future Boards with some big headaches. He stated that he would prefer to hold this over until the next meeting so that we may fill some of the holes as far as potential discipline and politics. Mayor Cresenzi stated that he would like to move the matter tonight. Looking at this from a management point of view, we have given this Board and future Boards countability. That is the only thing this law does. The performance of the Chief is reviewed annually or even daily. If this Chief or any future Chief ignores the policy setting decisions of the Village Board, the Village Board has an option to use that under the current laws it doesn't have. Trustee Pellino stated that a can of worms is not having this term of office. In terms of good, efficient, administrative management of the Police Department. Every person is held accountable in their professions to one degree or another. Currently, we have an able-bodied individual for our Chief and I feel that our future Board with reasonable people sitting on it, will go out and take the responsibility for appointing a good, qualified leader for their Department. He added that he couldn't imagine that anyone in a position of public trust would allow themselves to ignore the obvious public safety issues involved in a Police Chief's position for the sake of either their own gain or a family member's gain. Not having control over the administrative functions is having a can of worms. Currently, there is no recourse, if the job is not being done correctly. Trustee Daly stated that if, in five years, we decide not to appoint the Chief, he may, if he feels he has been doing a good job, decide to bring a lawsuit against the Village. Trustee Solomon stated that he is not so opposed of the idea of a term of office as he is to the fact that there are other issues that should be in this law that are not. We should include some additional wording to close some of the holes. Trustee Zuckerman stated that he was informed of past battles that this Board has had with a prior Police Chief that dragged on for many years, which is the real reason why this local law is being proposed. Personally, we can all remember the incidents in Los Angeles last year, not that Rye Brook bears any resemblance to that, but in so far as the blame was laid on the life time tenure of the Police Chief in Los Angeles at the time for lack of performance of the Police Department. The idea for a term of a Police Chief is a benefit to have. Chief Santoro stated in reference to Los Angeles, Daryl Gates is a well respected Chief of Police. Half of the problem, was the Mayor and he did not speak to eachother. Trustee Zuckerman agreed with Chief Santoro and stood corrected. He added that he knows that in Rye Brook, the Mayor and the Police Chief speak very well. 9 UU� a:i November 10, 1992 Attorney Powell stated that the five year term is designed from a legal perspective so as to avoid any appearance that this is a elimination of any civil service protection under the term of office, the more security J the person feels, but there is a limit as well, as to when that balance should be struck. Trustee Pellino stated that the balance is struck well with the number five because it really removes the idea that this Board is doing it for a political maneuver because the possibility does exist that none of us will be here for five years so it wouldn't be that we see somebody coming up through the ranks and we want to get them in that position five years from now, and there are definitely no motives involved. He added that the number five affords the office holder the opportunity to establish their mode of running the Department, in terms of allowing that person the ability to have a reasonable'period of time to implement their way of running the Police Department and for the men that are under him, to have a sense of continuity in policy. This also gives the Board of Trustees very ample time to work with the individual and if policy of the Board is being followed, by whatever means a professional Police Chief deems appropriate to implement, the Board of Trustees should have no problem. If the Police Chief is not following those policies, the Board of Trustees has a decision to make. Gerry Chatman questioned at what point of a five year period would you know that you are not going to appoint them. 4 Attorney Powell stated that he recently had a conversation with the County Personnel Office and there really is no minimum notice requirement. The Board would have a decision to make when they feel it is appropriate. It provides the Board with flexibility. Trustee Pellino questioned if after two years, the Board decides that a problem exists, what will happen to the motivation of the men under the Chief and the morale in the event that it becomes apparent that there is a dissatisfaction. Attorney Powell replied that during the term of office, the only method of disciplining, suspending or removing the Chief was through the Civil service system, which requires charges, notices, hearings and a decision. It is inconceivable that a Chief would not be reappointed because this Board may not be in office at the time the position became vacant. Mayor Cresenzi stated that without the appointment, regarding morale, if we went through a discipline hearing here, that eventually resolved itself, but picture this room with the Board of Trustees acting as a judge, sixty people, a stenographer and we are dealing with many emotions, two attorneys, if the Board had to go through this again with a Chief, there would then be a morality problem. This is a much more reasonable approach to removal if the need were to arise. Mr. Heller questioned if a Chief retires during his five year period, would a new chief be appointed to fill his remaining time, or would he start a new five year term. Mayor Cresenzi stated that we would appoint an acting chief, call for a civil service exam and go through the whole process. 10 November 10, 1992 ` 1. Trustee Pellino stated that if a resignation would occur, we could be looking a year down the road to the next exam, so the problem is that the office must be tended to. Chief Verrastro stated that regarding the five year term, there are various pension benefits and programs available to Police Officers. If Chief Santoro's successor only has thirteen years and only holds the position for one term, he will not receive his pension because eighteen years would not be enough. The term of five years may not be enough. Mrs. Steinberg questioned who came up with the idea of having this Local Law and if this is such a great idea, why hasn't anyone else utilized this. Mayor Cresenzi explained that he came up with this idea. We are speaking of lifetime appointments so opportunities for municipalities take a long period of time. He can not answer why no other jurisdictions have not utilized this. What prompted this in the Village of Rye Brook, was Board policy not being followed, and what we want is some accountability back to this Board from a Department Head. This has nothing to do with the current Chief, this is strictly a management tool. We are only asking someone to do a good efficient job and make this Board proud. Trustee Daly stated that it should already be understood. Mrs. Steinberg stated that civilians think that they can always determine what the best procedure will be for a Police Department, but it isn't really true. Mayor Cresenzi stated that we are not speaking of procedure, we are speaking of policy. They are two different things. This Board does not tell the Chief what the proper procedure is for an arrest or a shooting incident. Policy would deal with administration. It would be a discussion between the Chief and the Executive Officer and the Village Board, --uch as if we have a proper procedures manual in place, should we be going for State or National Accreditation. Scarsdale just recently went through the National Accreditation. Procedure is strictly a Police matter. Policy is getting involved in the number of Police Officers we need, implementing a Squad System and a Youth Officer. These are things that we want the Chief to be accountable for. Mrs. Steinberg questioned if there would be guidelines for future boards to follow regarding this issue. Mayor Cresenzi stated that there is a set of laws, 5711Q of the New York State Unconsolidated Laws dealing with the governing body of Police Departments solely within Westchester County, which deals with the Village Board setting policy of the Department. This is also mentioned in the legislation in paragraph #3. Gerry Chatman questioned if this would effect the Chief's pension, as it might be a very difficult thing to deal with, as far as who might want to even take the job. Mayor Cresenzi stated that there are all types of different pensions available, which Administrator Russo can address. 11 November 10, 1992 004518 Administrator Russo stated that it would be a big issue in a scenario where you would have to find somebody with not less than the minimum requirement to retire, which in twenty years you are guaranteed to a pension. There are options that municipalities can opt to increase that number, if you had a Chief appointed who had well below the twenty years in. Mr. Heller stated that in the future a different Board may decide that they don't want this policy, they want another policy. Mayor Cresenzi stated that we can't bind future Boards, no Board has that authority. For example, we might have someone with twelve years on the job and if the Board thinks that this individual is a really super individual, but he is reluctant to take the position because of the fear j of losing his pension, the Board can change the law to give him an Eight year appointment for a start, to get him his guaranteed twenty years. Mr. Heller questioned if another Board may also cut the appointment from five years to two years. Mayor Cresenzi stated that the Board can changed the law at any time. Attorney Powell stated that the issue is not so much when you can change the term, but what rights does the appointee have. In Civil Service you have property rights and in order to take them away, you have to abide by due process. Any limitation on the term, during the term of office would be challengeable as impairing the rights of the appointee. Trustee Pellino pointed out that as with any other Local Law, a future board can change, modify or repeal any Local Law at any time for any reason that they deem appropriate. Mayor Cresenzi suggested that we call for a vote, closing the public hearing and to accept the local law as it is written in two separate votes. On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the Public Hearing was adjourned at 9:40 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 Pellino, seconded by Trustee Zuckerman, Local Law #1 - 1992 was accepted as written. Trustee Solomon stated that he would hope that this Board will not take this as the end all and look to modify it in the future because there still are some serious problems with the law as it is written. 12 November 10, 1992 0045-.E3 Mayor Cresenzi stated that personally, he did not see any serious problems with the legislation, however if something does come up, it is the Board's responsibility to deal with it. Trustee Daly stated that she has no problem with the basic concept, but there is a lot more to this law than what is written and she could not vote yes. TRUSTEE DALY VOTING NAY TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE RESOLUTIONS 2 . ESTABLISHING LEGAL COMMITTEE Mayor Cresenzi announced that this resolution would be tabled until the November 24, 1992 meeting. 3. AMENDING AUTO MILEAGE/EXPENSE ACCOUNT POLICY On Motion made by Trustee Daly, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION EXPENSE ACCOUNT POLICY WHEREAS, Section 5-524 (7 . ) of New York State Village Law states, "The Actual and necessary expenses of all officers and employees incurred in the performance of their duties shall be a Village charge, " and WHEREAS, Section 162 (a) and 274 of the Internal Revenue Code and the regulations and decisions thereunder interpret the terms "ordinary and necessary business expenses, " and WHEREAS, State Comptroller's Opinion (81-38) states that "A municipal governing body may determine that the attendance at a dinner meeting of its own municipal officers with business executives or other municipal state officers or employees will serve the interests of the municipality, and may then determine that cost of all meals consumed by all persons in attendance is a proper municipal expenditure, " and WHEREAS, State Comptroller's Opinion (80-501) states that "A municipality may, by resolution, authorize the payment of membership dues and expenses other than dues which are incidental to membership for its officers and employees in particular societies or associations if it determines that such membership will be of benefit to the municipality, " and 13 November 10, 1992 WHEREAS, State Comptroller's Opinion (79-71-A) states that "A local government may reasonably determine that the performance of its ! functions will by enhanced by membership in a Chamber of Commerce and that it will receive sufficient benefits to that end to constitute fair consideration for the cost of membership, "and WHEREAS, The Village Board determines that it is in the best interests of the Village and that the Village receives sufficient benefits from the meetings, conferences and other Village business-related activities of its officers and employees to constitute fair consideration for the cost, now therefore be it RESOLVED, that the attached Expense Account Policy is hereby adopted. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Daly questioned who monitored the Village Administrator's Expense Account. Mayor Cresenzi stated that he monitors the Village Administrator's Expense Account. VILLAGE OF RYE BROOK Expense Account Policy SCOPE This policy covers the reporting and reimbursement of actual and necessary business expenses incurred on behalf of the Village of Rye Brook, by elected and appointed officials and all other employees. This policy shall also cover non- Village officials in limited circumstances where protocol -may dictate such a presence. POLICY 1. It is the policy of the Village to reimburse personnel for reasonable and necessary expenses incurred while engaged in authorized business on behalf of the Village. The Village expects its personnel to regard the expenditure of funds with the same care as given to budgeting their own personal expenses. 2 . Business trips covering an overnight stay must be authorized in advance by the Village Administrator and be within budgeted allotments. 3 . The following expenses are reimbursable,subject to the indicated limitations: 14 November 10, 1992 00472 1 a. Hotel Room costs should be consistent with the employee's best Judgement, based upon the average room charge within a particular location or region. b. Meals Meal reimbursement will be limited to $50. 00 per day, ,unless compelling reasons justify a higher amount. C. Tips Tips are allowable up to 15% of total meal, taxi, or other applicable expenses. d. Taxis Reimbursement for taxi fares is allowable where common carrier service will involve delays detrimental to the Village's business or is not available or costs approximately the same. e. Rented Automobiles Charges are allowable when a rented automobile is required and where other transportation is not available or is more expensive. Employees will be asked to justify rental of cars other than "compacts" . Charges for personal use of rented automobiles are not allowable. f. Bridge and Road Tolls These expenses are allowable. g. Parking/Garage/Storage These charges are allowable where free day or overnight parking or storage is not available. h. Airline Fare Reimbursement will be limited to coach fare. Any travel coupons offered to Village personnel by the airlines belong to the Village. i. Personal Automobiles Such travel is authorized where common carrier service is not available or where the round trip distance is less than 500 miles or where approved in advance by the Village Administrator. Employees will be reimbursed for the use of personal automobiles at the rate of 28 cents per mile of authorized business travel. j . Postage/Telegraph/Telephone Reimbursement for expenses incurred is allowable. Employees should, however, use the least expensive means of communication consistent with the best interests of the Village. ENTERTAINMENT 4 . It is the Village's policy not to incur entertainment expenses. However, modest entertainment expenses may be reimbursable if a business purpose can be shown and justified in extraordinary circumstances. To justify an expense of this nature, personnel must show that they were actively engaged in a business meeting, negotiation or discussion. The names of all guests present and the names of their companies must be listed on the expense report. 15 0045`2 November 10, 1992 5. outside meal expenses not involving an overnight trip are not generally subject to reimbursement unless persons having a valid Village business purpose are present, or work outside of office hours requires presence over mealtime which constitutes a continuation of the workday. 6. Under Village policy, the following employee-incurred expenses are not reimbursable: a. Personal entertainment b. Radio,television or hotel movie rentals C. Airline or other trip insurance d. Special room service e. Personal reading matter f. Barber g. Personal postage, telephone or telegraph h. Transportation to or from home to regular place of employment j . Unauthorized attendance at meeting, conferences, seminars or conventions. k. Repairs to personal automobiles 1. Personal automobile insurance M. Donations and/or gifts n. Unexplained expenses or expenses not properly substantiated by invoices, receipts, stubs, tickets or other supporting documentation where indicated on the Expense Report. 7 . All expense Reports will be prepared in INR or typed, with proper documentation and approval will be by the Village Administrator. He may authorize auditing of Expense Reports by other appropriate agents for compliance with the Expense Account Policy and relevant regulations. Properly completed and approved Expense Reports will be forwarded to the Village Treasurer for reimbursement and be put through the Bill List procedures. Proper documentation shall include the reason for the expense and its nature and location. Reimbursement requests for items for which receipts are not available must be explained as to purpose and will be limited to items where it is obviously impractical to get receipts. 8. The Village Administrator may authorize reimbursement for food expenses for Village employees involved in emergency operation such as snowstorms, sewer main breaks, storm emergency operations, etc. 9. In cases where a stoppage for a meal period or other break would seriously interfere with work of an urgent nature, the supervisor, with prior approval of the Village Administrator may be reimbursed for expenses incurred for food, coffee or non-alcoholic beverages supplies to Village employees on the job. 16 0®4J2j November 10, 1992 4. DESIGNATING DATE OF VILLAGE ELECTION AND POSITIONS TO BE FILLED On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION DESIGNATING DATE OF VILLAGE ELECTION AND POSITIONS TO BE FILLED WHEREAS, pursuant to Section 15-104, Sub. 3 (a) of the Election Law, the Village Clerk shall, at least four months prior to the General Village Election, publish a notice designating the date of the Village Election, the office (s) to be filled at such election and the term(s) thereof; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes that the following Public Notice be posted and also published in the Daily Item and in the Westmore News, the Official Newspapers of the Village of Rye Brook: PUBLIC NOTICE PLEASE TAKE NOTICE that the next General Village Election in the Village of Rye Brook is to be held on Tuesday, March 16, 1993; and PLEASE TAKE FURTHER NOTICE that the offices to be filled are: Trustees (2) ; for a two-year term of office commencing at noon on Monday, April 5, 1993 and concluding at noon on the first Monday in April, 1995. By Order of the Board of Trustees Village of Rye Brook Salvatore M. Cresenzi, Mayor Christopher J. Russo, Village Clerk TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 5. CHECK REGISTER On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER 17 0(145 ?4 November 10, 1992 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: #5522-5589 Payroll Checks: #8325-8418 Environmental: NONE Recreational Trust: (Birthday Run) : Capital: 1039-1043 Manual Checks: NONE 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 WRITTEN COMMUNICATION 6. MICHELLE FISCELLA RYE RIDGE SHOPPING CENTER MERCHANTS ASSOCIATION RE: THANKSGIVING DAY PARADE On Motion made by Trustee Solomon, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION THANKSGIVING DAY PARADE RESOLVED, that the Village of Rye Brook Board of Trustees hereby approve the request made by the Rye Ridge Shopping Center Merchants Association to have their annual Thanksgiving Day Parade on Friday, November 27, 1992 commencing at 10: 30 A.M. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 18 November 10, 1992 aJ G 4 52" J DISCUSSION 7. AMERICAN RED CROSS TURKEY TROT On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION AMERICAN RED CROSS TURKEY TROT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approve the request made by the American Red Cross - Westchester County Chapter, to hold the American Red Cross Turkey Trot on Thursday, November 26, 1992 from 9: 30 a.m. to 11:00 a.m. within the Village of Rye Brook on Tamarack Road, Windsor Road, College Avenue and Neuton Avenue. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE S. STATUS REPORT: EPA MERCURY CONTAMINATION Mayor Cresenzi reported that he and Trustee Zuckerman met with Margaret Chong and a few other people from the Enviromental Protection Agency, who have been handling the clean-up within the Village of Rye Brook. We requested information, status reports and, maps showing the extent of contamination and what has been cleaned up. They told us that we should have received sixteen progress reports, however we only received two reports and no maps. Mayor Cresenzi stated that Ms. Chong assured us that she would put together the maps and a balance of the reports. We then followed this up with a letter. Ten days ago, Ms. Chong telephoned to say that the information was on the way and we still have not received this information. Laura, my secretary, tried to telephone them but only got a recording. Attorney Powell also telephoned them. Attorney Powell added that he spoke with their attorney and discussed the case for about forty five minutes. She was unaware of the situation and she said that she would look into it. She did not see any problem in providing the reports and added that she would look into a map. I will be writing a letter to follow up on all of this. 19 00451'6 November 10, 1992 Trustee Zuckerman stated that he has never seen a less responsive agency that has so much responsibility in a public safety area. If we do not get an adequate response by the end of week, we should write a very strong letter to the Federal Environmental Protection Agency Administrator and put as much pressure on the agency as we can. We need to take strong action. Mayor Cresenzi questioned if it was legal to make a Foil Request for the information. Attorney Powell stated that he was not sure about the accessibility of these records under Foil. They only have to supply records that are already in existence. Trustee Solomon questioned if we could send our New York Senators a letter regarding this. Administrator Russo replied that we don't deal with them regularly. Trustee Zuckerman added that he felt that we should write a joint letter to Senator D'Amato, Monahan and Nita Lowey. Mayor Cresenzi announced that this Board would be meeting publicly with the District #5 School Board on November 23 , 1992 at the Ridge Street School at 8: 00 p.m. NEXT MEETING DATE TUESDAY, NOVEMBER 24, 1992 - 8 : 00 P.M. Administrator Russo asked the Board Members to consider Tuesday, December 15, 1992 as the December Board Meeting. Trustee Zuckerman questioned if we have received a response from Port Chester regarding the Fire Study. Mayor Cresenzi -stated that Mayor Iasillo sent him a letter informing him that the entire Port Chester Village Board and chief staff people and are now reviewing it and will get back to us in the next two to three weeks. Trustee Pellino questioned what the status of the survey on Harkness and Rye Hills Park was. Administrator Russo replied that Harkness is in the works now and is the first priority. They started last week and they are making progress because we got the Loch Lane stream all staked out. Next, we will be staking out Harkness and then we will be doing the full mapping of Rye Hills. Trustee Pellino stated that he is concerned about moving forward with the Rye Hills Park Study that was turned over to this Board a few months ago. 20 004552 r November 10, 1992 Administrator Russo stated that Rye Hills is an involved job, because not only are we staking out the property but we are mapping it and showing any encroachments. We have not had experience with these people in the past and we wanted to start with a smaller job and see how they did. Mayor Cresenzi stated that he would like a map of Harkness park as well. Trustee Zuckerman questioned if we have had any contact with the Town of Rye regarding their mapping. Administrator Russo stated that currently, they are completing the Tax Maps for the whole Town. There was a proposal to purchase computer equipment, which would be tremendous to have access to that. Trustee Zuckerman stated that in the newspaper it states that this was cut out of the Town Budget. Trustee Pellino stated that we have had some informal discussion about working more closely with the Village of Port Chester in consolidating some Recreation programs. Has this been discussed with the Mayor of Port Chester. Mayor Cresenzi replied that we have agreed to establish a sub-committee with two Trustees to serve on that committee and submit those names to Mayor Iasillo. Trustee Pellino stated that he would like to see this et started as Tr g soon as possible. On Motion made by Trustee Solomon, seconded by Trustee Zuckerman, the meeting was adjourned into Executive Session to discuss personnel matters. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, Elizabeth Bottali Secretary to Village Board 21