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HomeMy WebLinkAbout1996-05-14 - Board of Trustees Meeting Minutes May 14, 1996 AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING MAY 14, 1996 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION PUBLIC HEARING: 1. AMENDING SECTION 228-16 OF THE RYE BROOK CODE TO INCREASE SENIOR CITIZEN TAX EXEMPTION RESOLUTIONS: 2. AMENDING SECTION 228-16 OF THE CODE OF THE VILLAGE OF RYE BROOK RE: SENIOR TAX EXEMPTION 3. APPROVING ORDER& STIPULATION SETTLEMENT RYE HILTON TOWN 4. APPROVING CUSTODIAN AGREEMENT FIRST UNION NATIONAL BANK AND BANKERS TRUST COMPANY 5. APPROVING CUSTODIAN AGREEMENT HUDSON VALLEY BANK AND MANUFACTURERS & TRADERS TRUST CO. 6. APPROVING FEE INCREASES RECREATION PROGRAMS 7. APPOINTMENT TO ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION S. EXPANDING MEMBERSHIP OF THE FACILITIES COMMITTEE FROM 7 TO 9 MEMBERS AND APPROVING APPOINTMENTS 9. DISBANDING THE ZONING UPDATE COMMITTEE 10. APPOINTMENT OF BUILDING INSPECTOR 12 May 14, 1996 11. APPROVING RENEWAL AGREEMENT WITH MARONEY PONZINI & SPENCER 12. APPROVING PAYMENT TO LIBRARY FOR 1996/97 FISCAL YEAR 13. CHECK REGISTER WRITTEN COMMUNICATIONS: 14. JOAN FEINSTEIN RE: THANK YOU RYE BROOK FIRE DEPT. 15. INDEPENDENCE DAY OBSERVANCE COMMITTEE CHAIRMAN RE: REQUESTING A SIGN NEXT MEETING DATE REGULAR MEETING, TUESDAY, MAY 28, 1996 AT 7:30 P.M. 13 006:13:1 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK MAY 14, 1996 CONVENE MEETING: Mayor Cresenzi convened the meeting at 7:40 p.m. in the meeting room and the Pledge of Allegiance followed. Present were the following members of the Village Board: Mayor Salvatore M. Cresenzi Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Trustee Joseph Pellino Also present were: Christopher J. Russo, Village Administrator Kenneth E. Powell, Village Attorney Mark Tulis, Legal Consultant Robert Santoro, Police Chief William Dee McCluskey, Fire Chief William Wendlandt, Village Assessor Richard Slinglerland, Assistant to the Village Administrator Lisa B. Marinaccio, Secretary to the Village Board i Mayor Cresenzi announced that the agenda would be taken out of order. The first item discussed was the Rye Town Hilton Tax Certiorari Settlement. RESOLUTIONS: 3. APPROVING ORDER& STIPULATION SETTLEMENT- RYE HILTON TOWN: Mr. Mark Tulis, Legal Representative for the Village, came forward and explained that the Rye Town Hilton Joint Venture had a tax assessment case against the Village of Rye Brook dating back to 1991. He explained that last year the Village had negotiated a reduction in the assessed value for the subject property for the years of 1991, 1993, 1994 and 1995 so that the assessment would be reduced to the average number. He added that in order to settle this matter there was a very substantial reduction and the Village would have to pay $265,000 towards those back reductions. Mr. Tulis reported that the remaining portion of the $677,000 reduction was payable by the Village would be credited by the Village against future taxes that would otherwise be due by the Rye Town Hilton on the new, reduced assessment of$22,000,000. He added that the actual assessment would be $9,550,200 until the credit is used up and Mr. Tulis noted that to his knowledge this was the only situation in Rye Brook involving a credit against future taxes, so there would be minimal financial exposure to the Village. This would prevent interest from accruing on the taxes due to be refunded. Trustee Pellino reminded Rye Brook residents that this money was accounted for in the recently enacted budget. The Village has planned for this lost revenue from the Hilton Settlement over the next six years 0061. 40 May 14, 1996 as explained in the budget presentations. Attorney Powell suggested that the resolution read that"Special Counsel" is authorized to sign the subject stipulation rather than the"Mayor." The Board members unanimously agreed to amend the resolution as stated. On the Motion made by Trustee Strum, seconded by Trustee Zuckerman, the following Resolution was hereby adopted as amended: RESOLUTION APPROVING STIPULATION OF SETTLEMENT IN RYE HILTON JOINT VENTURE V. THE ASSESSOR AND THE BOARD OF ASSESSMENT REVIEW OF THE VILLAGE OF RYE BROOK AND THE VILLAGE OF RYE BROOK RESOLVED, that the Village of Rye Brook is authorized to enter into a stipulation of settlement in Rye Hilton Joint Venture v The Assessor and the Board of Assessment Review of the Village of Rye Brook and the Village of Rye Brook, Index No.s 063271/91, 08335/93, 07635/94 and 07290/95; and be it FURTHER RESOLVED,that the Village Board hereby approves the initial payment of$265,000 from unappropriated fund balance; and be it FURTHER RESOLVED, that the Special Counsel, Mark S. Tulis, is hereby authorized to sign said stipulation on behalf of the Village of Rye Brook. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE PUBLIC HEARING: 1. AMENDING SECTION 228-16 OF THE RYE BROOK CODE TO INCREASE SENIOR CITIZEN TAX EXEMPTION: Mayor Cresenzi convened the public hearing at 7:42 p.m. and introduced Village Assessor, William Wendlandt. Mr. Wendlandt explained the exemption. He reported that the sliding scale previously enacted by the State for senior citizens was still enforced. However, it was modified and amended twice; the lowest level of eligibility was at a 15 percent reduction of assessed value based on household income. He added that subsequently the State added a two new reduction levels of 10 percent and 5 percent for qualifying seniors. Mr. Wendlandt explained that legislation exists to extend the privilege to qualifying senior citizens who live in and own Co-Op Apartments. 2 00619:1 May 14, 1996 Mr. Wendlandt explained the impact on Rye Brook's property taxes. Currently there are 98 senior citizen exemptions in effect which impacts $385,589.00 of assessed value. These cause an approximate loss in revenue of$43,800.00. Trustee Pellino asked the Assessor if there are other types of exemptions allowed under the Real Property Law that Rye Brook currently recognizes. Mr. Wendlandt said that the Veteran's exemption is also available. Trustee Pellino asked the Assessor if the owners can qualify for and receive both exemptions. Mr. Wendlandt answered, "Yes. If they are senior citizens and veterans, they would receive both exemptions." Trustee Zuckerman asked if most of the exemptions were in the lower half or the upper half of the income categories. Mr. Wendlandt answered that the levels were about mid-line. Mayor Cresenzi asked if there were any comments either from the Board or the public. Hearing no response, he asked for a motion to close the public hearing. On the motion made by Trustee Zuckerman, seconded by Trustee Tunis, the Board Members unanimously agreed to close the public hearing at 7:55 p.m. RESOLUTIONS: 2. AMENDING SECTION 228-16 OF THE CODE OF THE VILLAGE OF RYE BROOK RE: SENIOR TAX EXEMPTION: On the Motion made by Trustee Strum, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION SENIOR CITIZEN TAX EXEMPTION RESOLVED, Section 228-16 of the Rye Brook Code is amended to read as follows for Assessment Rolls prepared on the basis of the taxable status date occurring on or after January 1, 1996: ANNUAL INCOME % OF ASSESSED VALUATION EXEMPT FROM TAXATION From 0 17,500 50 17,501 18,500 45 18,501 19,500 40 19,501 20,500 35 20,501 21,400 30 21,401 22,300 25 22,301 23,200 20 23,201 24,100 15 24,101 25,000 10 25,001 25,900 5 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 3 006142 May 14, 1996 4. APPROVING CUSTODIAN AGREEMENT- FIRST UNION NATIONAL BANK AND BANKERS TRUST COMPANY: On the Motion made by Trustee Zuckerman, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION CUSTODIAN AGREEMENT FIRST UNION NATIONAL BANK AND BANKERS TRUST COMPANY RESOLVED, that the Village of Rye Brook is authorized to enter into a third party custodian agreement with First Union National Bank and Bankers Trust Company to provide security for public deposits; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5. APPROVING CUSTODIAN AGREEMENT- HUDSON VALLEY BANK AND MANUFACTURERS & TRADERS TRUST CO.: On the Motion made by Trustee Pellino, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION CUSTODIAN AGREEMENT HUDSON VALLEY BANK AND MANUFACTURERS AND TRADERS TRUST COMPANY RESOLVED, that the Village of Rye Brook is authorized to enter into a third party custodian agreement with Hudson Valley Bank and Manufacturers and Traders Trust Company to provide security for public deposits; and be it FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4 006143 May 14, 1996 6. APPROVING FEE INCREASES- RECREATION PROGRAMS: On the Motion made by Trustee Tunis, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION RECREATION PROGRAM FEE INCREASES WHEREAS,the Recreation Department has recommended the following fee increases and explained the current fees and revenue versus the proposed as listed herein; 95/96 Program 95/96 95/96 $Difference 96/97 96/97 Registration Fee Rev. Rec. Fee Est. Rev. 26 7th/8th BBB 45.00 1175.00 10.00 55.00 1320.00 New 7th/8th GBB 0 0 --- 55.00 1155.00 62 Yth. Tennis 50.00 3100.00 10.00 60.00 3600.00 .96 Soccer IV Sp/F 30.00 2880.00 5.00 35.00 3600.00 42 2nd Bsktball 30.00 840.00 10.00 40.00 1600.00 17 MidDay Kinder 175.00 WED 3900.00 0 50.00 FRI 25.00 75.00 4075.00 72 Ice Skating I&II 140.00 9800.00 10.00 150.00 10500.00 34 Yth. Bowling 20.00 Reg. 340.00 10.00 30.00 600.00 8.00 Wk. 3600.00 0 0 3600.00 10.00 Tourn. 315.00 0 0 0 30 Rollerblade Hky. 0 0 10.00 10.00 300.00 99 Jr. Sports 30.00 2235.00 5.00 35.00 3150.00 NOW, THEREFORE BE IT RESOLVED,that the following fees are hereby approved effective immediately Program 96/97 Rec. Fee . 7th/8th BBB 55.00 7th/8th GBB 55.00 Yth. Tennis 60.00 Soccer IV Sp/F 35.00 2nd Bsktball 40.00 MidDay Kinder 75.00 Fri. Ice Skating I&II 150.00 Yth. Bowling 30.00 Reg. 0 Wk. 0 Tourn. Rollerblade Hky. 10.00 Jr. Sports 35.00 TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5 006144 May 14, 1996 7. APPOINTMENT TO ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION: On the Motion made by Trustee Pellino, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION APPOINTMENT TO FILL A VACANCY ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED, that Carolyn Bruenn-Praete of 26 Rock Ridge Drive is hereby appointed as a member of the Village of Rye Brook Advisory Council on Environmental Conservation to replace Ricki Haas and fill the unexpired portion of Ms. Haas's three year term of office, which is scheduled to expire on April 1, 1997. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 8. EXPANDING MEMBERSHIP OF THE FACILITIES COMMITTEE FROM 7 TO 9 MEMBERS AND APPROVING APPOINTMENTS: Trustee Strum thanked Mr. Ken Berman for allowing the new members to sit in on meetings to get a feel for the new fire house topic. Trustee Zuckerman praised that the new members as fine individuals and welcomed their input as a great benefit to the Village. On the Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION EXPANDING MEMBERSHIP FROM SEVEN TO NINE MEMBERS AND APPOINTING NEW MEMBERS VILLAGE OF RYE BROOK FACILITIES COMMITTEE WHEREAS, the Village of Rye Brook Facilities Committee, a non-statutory, ad-hoe committee established by the Board of Trustees of the Village of Rye Brook to analyze proposals and review sites for current and future Village Facilities has been an asset to the Village of Rye Brook; and WHEREAS, the Facilities Committee is currently in need of additional assistance, for which purpose the Board of Trustees has determined that it will be in the best interests of the Village to expand the membership of the committee from seven to nine members to allow additional input from the community; and 6 00614:`a May 14, 1996 WHEREAS, the Board is seeking to make new appointments to the Committee to fill vacancies in existing and new committee membership slots. NOW, THEREFORE, BE IT RESOLVED, that the number of members on the Village of Rye Brook Facilities Committee is hereby expanded from seven members to nine members; and be it FURTHER RESOLVED, that Jody H. Brackman of 76 Tamarack Road is hereby appointed as a member of the Village of Rye Brook Facilities Committee to fill a vacancy on the Committee; and be it FURTHER RESOLVED, that Susan Glass of 153 Brush Hollow Crescent is hereby appointed as a member of the Village of Rye Brook Facilities Committee to fill a vacancy on the Committee; and be it FURTHER RESOLVED, that David Heiser of 2 Oriole Place is hereby appointed as a member of the Village of Rye Brook Facilities Committee to fill a vacancy on the Committee; and be it FURTHER RESOLVED, that Joseph Gasperino of 283 Neuton Avenue is hereby appointed as a member of the Village of Rye Brook Facilities Committee to replace Connie Pennucci. FURTHER RESOLVED, that Robert Sabia of 395 North Ridge Street is hereby appointed as a member of the Village of Rye Brook Facilities Committee to fill a vacancy on the Committee. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9. DISBANDING THE ZONING UPDATE COMMITTEE: Mayor Cresenzi announced that the Board took much time and effort in their work to improve the Village's Zoning Code. Mayor Cresenzi personally thanked Trustee Pellino because he was an original appointee to the Zoning Update Committe and continued to serve as a Zoning Update Committee member as well as a Trustee. "Because of Trustee Pellino's and the other members input, the Zoning Code of the Village of Rye Brook is a much better document." On the Motion made by Trustee Zuckerman, seconded by Trustee Tunis, the following Resolution was hereby adopted as amended: 7 006146 May 14, 1996 RESOLUTION PRAISING THE ZONING UPDATE COMMITTEE FOR COMPLETION OF ITS MISSION AND ACCEPTING ITS FINAL REPORT WHEREAS, the Village of Rye Brook established The Rye Brook Zoning Update Committee during the summer of 1988 to review the Zoning Code and address broader areas and rectify omissions in the Village Zoning Code; and WHEREAS, the primary charges to the Committee were to review the Zoning Code for ambiguities and make the Code more user friendly; and WHEREAS, the Zoning Update Committee has reviewed and made recommendations on many subjects important to preserving the character of the Village including on-street parking, parking of commercial vehicles on residential property, enactment of the Village's sign law, recommending enactment in the Zoning Code of the various improvements, and most broadly, the discussions and enactment of the Planned Unit Development (PUD) zone in the north end of the Village; and WHEREAS, the Zoning Update Committee will issue a final report on the issues under its watchful eye, including suggestions to update the.Zoning Code to address satellite television dishes and cellular phone antennae, as well as recommendations on regulations covering Day Care facilities. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees gratefully acknowledges the efforts over the years of the Zoning Update Committee and thanks all past members and the current committee members Chairman Joseph Pellino, Gerald Applebaum, Ken Brown, Mark Harmon, Daniel Paniccia and Peter Sotire. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 10. APPOINTMENT OF BUILDING INSPECTOR: On the Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution was hereby adopted: RESOLUTION APPOINTMENT OF BUILDING INSPECTOR RESOLVED,that Vincenzo Tamburro of 4 Crestwood Drive, Suffern, New York be hereby appointed to the position of Building Inspector of the Village of Rye Brook, subject to the Civil Service procedure of the State of New York; and be it 8 00614 '7 May 14, 1996 FURTHER RESOLVED, that the annual salary for this position will be $55,000 with an effective date of June 3, 1996. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 11. APPROVING RENEWAL AGREEMENT WITH MARONEY PONZINI& SPENCER: Trustee Strum praised Attorney Powell and his firm on their legal representation of the Village. On the Motion made by Trustee Zuckerman, seconded by Trustee Pellino, the following Resolution was hereby adopted: RESOLUTION APPROVING RETAINER AGREEMENT WITH MARONEY, PONZINI& SPENCER RESOLVED,that the Village of Rye Brook is authorized to enter into agreement with Maroney, Ponzini, Spencer, Esqs. 14 North Broadway, Tarrytown, NY 10591, for the period of April 1, 1996 through March 31, 1997 for an annual retainer of$73,500.00 to be paid in monthly installments of $6,125.00 payable on the first day of each month commencing on April 1, 1996; and it is TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 12. APPROVING PAYMENT TO LIBRARY FOR 1996/97 FISCAL YEAR: Trustee Pellino advised that Board Members have received correspondence during the budget process from residents who seem to think that there was a move by the Rye Brook Board to cut Library funding which is not the case. He added that Rye Brook has increased Library funding to the Port Chester Library over last year. The original resolution mentioned an agreement between the Library and the Village. Trustee Strum suggested the language be removed from the resolution before the Board voted on it. The Board members agreed that the wording of the resolution should be changed. On the Motion made by Trustee Pellino, seconded by Trustee Tunis, the following Resolution was hereby adopted as amended: 9 006148 May 14, 1996 RESOLUTION LIBRARY APPROPRIATION RESOLVED, that the Village of Rye Brook hereby approves the payment of$255,000 to the Port Chester Public Library for the 1996/1997 fiscal year. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 13. CHECK REGISTER: On the Motion made by Trustee Pellino, seconded by Trustee Tunis, the following Resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks: 13888-13966 Pre Paid: NONE Payroll Checks: 19417-19509 Environmental: 117 Capital: NONE Capital Pre Paid: 2517-2518 Birthday Run: NONE NOW, THEREFORE, BE IT RESOLVED,that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATIONS: 14. JOAN FEINSTEIN - RE: THANK YOU RYE BROOK FIRE DEPT: Administrator Russo read the letter which supported the decision of the Board to form a Rye Brook Fire Department aloud for the record. 10 OU414j May 14, 1996 15. INDEPENDENCE DAY OBSERVANCE COMMITTEE CHAIRMAN- RE: REOUESTING A SIGN: Administrator Russo read a letter requesting a sign. The Board members unanimously agreed to allow the sign as long as it was in compliance with the sign ordinance. The Board members unanimously agreed to go into executive session to discuss items regarding personnel at 8:15 p.m. Mayor Cresenzi announced the next meeting date. NEXT MEETING DATE REGULAR MEETING, TUESDAY, MAY 28, 1996 AT 7:30 P.M. Mayor Cresenzi invited comments from the Board and the public. Ms. Donna Sherry, 17 Churchill Road, came forward and told the Board that she was a parent of a child with Cerebral Palsy. Ms. Sherry reported on a method of treatment called Conductive Education which has been proven to be the definitive factor in helping afflicted children learn how to move and walk. She wished to have the Board consider her proposal which included the use of the Anthony J. Posillipo Community Center from June 24, 1996 through August 9, 1996 during the day hours. Mayor Cresenzi told Ms. Sherry that her proposal would be reviewed and a representative of the Village would advise as to their decision. Mayor Cresenzi complimented both the Rye Brook Police and Fire Departments for the fine work they are doing within the Village during the month of March when there was an abundance of dangerous rain/wind storms requiring the services of both the departments. The meeting was adjourned at 8:25 p.m. Respectfully submitted, Christopher J.("Russo, Village Clerk 11