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HomeMy WebLinkAbout1994-10-12 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING OCTOBER 12, 1994 6:30 P.M. EXECUTIVE SESSION RE: PERSONNEL MATTERS 5:00 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING RESOLUTIONS 1. EDITH NISSON BEECHWOOD BLVD/KING STREET SECTION 1, BLOCK 10, LOT 4 APPROVAL OF CONDITIONAL FINAL APPROVAL SUBDIVISION APPLICATION 2. ENDORSING THE EFFORTS OF THE NEW YORK STATE CONFERENCE OF MAYORS AND THE NATIONAL LEAGUE OF ALLIES WITH NATIONAL UNFUNDED MANDATES WEEK 3. APPROVING AGREEMENT WITH KLEIN, ZELMAN, II BRITON, ROTHERMAL AND DICHTER 4 j 4. CHECK REGISTER I ITEMS FOR TUESDAY, OCTOBER 25, 1994 PUBLIC HEARING 1. INCREASE IN THE SENIOR CITIZEN TAX EXEMPTION 005! � MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK OCTOBER 12, 1994 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 Daly Trustee Joseph Pellino Trustee Randy A. Solomon Trustee Gary J. Zuckerman Also present were: s' Christopher J. Russo, Village Administrator Rocco V. Circosta, Director Of Public Works Kenneth E. Powell, Village Attorney i 1 October 12, 1994 005511 RESOLUTIONS 1. EDITH NISSON BEECHWOOD BLVD/KING STREET SECTION 1, BLOCK 10, LOT 4 APPROVAL OF CONDITIONAL FINAL APPROVAL SUBDIVISION APPLICATION Mayor Cresenzi announced that the Nisson Subdivision Resolution has been withdrawn for this evening and will be discussed on October 25, 1994 at our regular board meeting. 2. ENDORSING THE EFFORTS OF THE NEW YORK ! STATE CONFERENCE OF MAYORS AND THE II. NATIONAL LEAGUE OF ALLIES WITH NATIONAL UNFUNDED MANDATES WEEK On Motion made by Trustee Solomon, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION UNFUNDED MANDATES WHEREAS, unfunded state and federal mandates on local governments have increased significantly in recent years; WHEREAS, excessive state and federal burdens on local governments force some combination of higher local taxes and fees and/or reduced local services for citizens and local taxpayers; WHEREAS, mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare and safety of municipal citizens; WHEREAS, the cumulative impact of these legislative and regulatory actions directly affect the citizens of our community; and WHEREAS, the National League of Cities, in conjunction with the New York State Conference of Mayors and other state and local government representatives, is continuing a national public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates with National Unfunded Mandates Week, October 24-30, 1994; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook endorses the efforts of NYCOM and the National League of Cities to fully inform our citizens about the impact of state and federal mandates on our government an the pocketbooks of our citizens; and be it 2 October 12, 1994 005512 FURTHER RESOLVED, that a copy of this resolution be forwarded to.the President of the United States, the Governor of the State of New York, our federal and state legislative representatives, and NYCOM. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 3. APPROVING AGREEMENT WITH KLEIN, ZELMAN, BRITON, ROTHERMAL AND DICHTER On Motion made by Trustee Zuckerman, seconded by Trustee Solomon, the following Resolution was hereby adopted: RESOLUTION APPROVING AGREEMENT WITH C KLEIN, ZELMAN, BRITON, ROTHERMAL AND DICHTER RESOLVED, that the Village of Rye Brook is authorized to enter into an agreement with Klein, Zelman, Briton, Rothermal and Dichter, 485 Madison Avenue, New York, New York to represent the Village of Rye Brook, the City of Rye and the Village of Port Chester in proceedings before the New York Public Service Commission in Case 94-W-0579 to investigate the proper charges and allocations for labor and purchased water expense incurred by the New York-American Water Company; and it is FURTHER RESOLVED, that the cost of representation shall be divided among the participating communities in accordance with the pre-existing formula utilized in the past as follows: Village of Rye Brook 20.7% Village of Port Chester 44.5% City of Rye 34.8% ;and it is FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Trustee Zuckerman questioned why we have a resolution stating what each municipality's percent is. Administrator Russo explained that this the same as all our other agreements that we made with them except this time, we spelled out what the pre-existing formula is, because we haven't done that in a while. The pre-existing formula is just how Mr. Dichter has always billed us. 3 October 10, 1994 f 005533 Trustee Zuckerman stated that Port Chester approved a resolution for $8,000. Administrator Russo stated that he read that in the newspaper but received no official notification. Trustee Zuckerman questioned why we don't have an intermunicipal agreement between Port Chester and the City of Rye. Administrator Russo stated that we have always retained this law firm by resolution by the pre-existing formula.. Trustee Zuckerman questioned how long we have retained this law firm. I Administrator Russo stated that this law firm has been retained for the whole duration of the Village of Rye Brook being in existence and we have also been paying them at this rate. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE I MAYOR CRESENZI VOTING AYE I Trustee Daly questioned what happened to the resolution we passed with the County of Westchester. County Legislator Noto stated that as of today, the County Attorney will represent the water district, but recommended that Rye Brook keep Mr. Dichter on Board for this proceeding because there is not enough time to get them on board. Mr. Dichter has done an excellent job and there is no need to change right now. October 26, 1994 is the next meeting of the water district. At that time, the County Attorney will explain exactly t what she will underiake in terms of taking over from Mr. Dichter if that is what you want to do. Mr. Noto stated that he was unaware of this breakup but that is something that the Board will have to resolve later, however but Port Chester will definitely not continue with Mr. Dichter when the County Attorney takes over. I have asked that the water district reimburse the three communities for the $25,000 that you are paying Mr. Dichter for this particular proceeding and Jamie Hastings had no problem with the idea but was not sure how this could be done legally, Mr. Noto stated. The County Attorney will only handle defensive positions such as a rate increase so it would be better to keep Mr. Dichter on for other purposes. Proposals from engineering firms to investigate and study the possibility of taking over the water distribution system will also be discussed at that meeting, which will give us the information to decide if we want to continue the relationship with New York American Water which is going to be an endless series of rate increase requests or create our own system. Trustee Zuckerman questioned if we could obtain a copy of a synopsis or resume of actions that the County Attorney has taken. 4 October 12, 1994 (00 5 1 4 Mr. Noto stated that they are not in the habit of promoting the skills of their staff attorney's for the purpose of competing with private attorneys. Rye Brook does not really have a choice, they can either use the County Attorney at whatever they are charging or go out and hire their own lawyer. Under the law, once the district is created, the County Attorney is the official attorney. The legislature, under the charter, is bound by the County Attorney as their official attorney even though we don't always agree with her and like what she does. We hire outside counsel once in a while to do certain things, but if there is no conflict of interest or professional inability to do the job, you are bound to use her. Trustee Zuckerman stated that it should be our choice if we feel that the County Attorney is not able to represent us the same way Mr. Dichter has in the past. We should at least have the opportunity to have him consult with us. Mr. Noto suggested that on the 26th, the Village of Rye Brook's representative, if that is going to be Administrator Russo, ask Marilyn Slaatten what the names of the attorneys are, their background information, what types of cases they have handled, etc. If Rye Brook is not satisfied with the County Attorney, they are still required to use them, however, Mr. Noto stated that he thought it would be a good idea to keep Mr. Dichter on the job as well. 4. CHECK REGISTER On Motion made by Trustee Daly, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER 4 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: 9844-9990 Pre Paid: 2193 Payroll Checks: 13993-14096 Environmental: 439,441 Recreation Trust: NONE Capital: 2195-2202 Birthday Run: 2054 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. 5 October 12, 1994 00551.5. Trustee Daly stated that under Capital, it says that we are approving the HVAC, however, we usually have a resolution to vote on that for approval prior to paying them. Administrator Russo stated that it will be on for resolution at the next meeting and added that this bill should not be on this run. Trustee Zuckerman questioned why we are paying Hudson & Pacific from the Capitol Account and if we need a requisition.. Administrator Russo explained that Hudson & Pacific is our hired consultant on the landscaping because we needed to make some revisions to the landscaping and we have them on a retainer agreement. It is under Capital because it is coming out the Posillipo g Center project and there is no need for a requisition. Trustee Daly also questioned why we use more than one cellular company. Administrator Russo stated that for emergency purposes, if one of the company's systems went down, we would have the other company to depend on. Trustee Zuckerman questioned if we ever received a report from First Environment now that we are paying them. Administrator Russo stated that he has a call into them. Trustee Zuckerman stated that he does not want to pay them until we receive the report. Administrator Russo stated that they spent considerable time trying to get information down to EPA New Jersey Offices. Although we have not received a report, they have been stonewalled severely by the EPA and this is only a partial payment. Mayor Cresenzi stated that he knows that the EPA has been uncooperative but we can investigate that issue and deal with it at the next meeting. Trustee Pellino questioned if the payment on the tax certiorari to Mauser Rego Park was for the full amount of this year's entire payback. Administrator Russo stated that to date it is. Arrangements were mad to have the assessment reduced to the February payment so it includes everything through which we have already collected the June payment, the two year payback and two thirds of this year. The assessment will be reduced for the February tax collection which was previously approved. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6 October 12, 1994 005516 ITEMS FOR OCTOBER 25, 1994 PUBLIC HEARING 1. INCREASE IN THE SENIOR CITIZEN TAX EXEMPTION Mr. Noto stated that in reference to the North Ridge Street improvements, the County is going to install Chevron Warning Signs to provide emphasis and guidance. Also, the site for the firehouse is dedicated park land so under State Law we would need to go to Albany and get the State Legislature to undedicate it, which is a cumbersome process. If we really want them to do it, it could take a long time. We would have to go to the State people and we would have to find a piece of land somewhere about the same size k to dedicate as park land. The land is not of any value to the County and if it was not dedicated park land, it would be no problem. ADJOURNMENT On Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the Board adjourned into Executive Session to discuss personnel at 8:30 p.m. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE r TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, r Christopher J. Russo Village Clerk 7