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Home My WebLink About1997-12-02 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOI{ BOARD OF TRUSTEES --AGENDA MEETING VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 2, 1997 -- 7:30 P.M. PLEDGE OF ALLEGIANCE: ACTION: REPORT: 1. KEN BERMAN, FACILITIES COMMITTEE CHAIR: RE: RECOMMENDATION ON PURCHASE OF PROPERTY ADJACENT TO THE RYE BROOK HIGHWAY GARAGE. 2. THE REVALUATION BILL AND HANDLING SMALL CLAIM ASSESSMENT SETTLEMENTS. RESOLUTIONS: 3. CALLING FOR A PUBLIC HEARING ON LOCAL LAW INTRO. 410- 1997, AS AMENDED,REGARDING THE NEW YORK STATE ALTERNATIVE VETERANS' EXEMPTION PROGRAM. 4. AUTHORIZING THE TRANSFER OF CONTROL OF THE LOCAL CABLE FRANCHISE FROM TCI(TCIC) WESTCHESTER TO CABLEVISION (CSC) OF WESTCHESTER. 5. DESIGNATION OF LEAD AGENCY, POSITIVE DECLARATION, CIRCULATION OF DRAFT SCOPE OF DEIS, & SETTING A PUBLIC SCOPING SESSION ON THE RYE BROOK FIREHOUSE PROJECT. 6A&B. APPOINTMENT OF 2 POLICE OFFICERS TO THE RYE BROOK POLICE DEPARTMENT. 7. CONSIDERING CHANGING THE START TIME OF THE DECEMBER 16, 1997, BOARD MEETING TO 6:30 P.M. 8. CHECK REGISTER(S). NEXT MEETING DATES: JOINT BOARD OF TRUSTEES/PLANNING BOARD DECEMBER 3, 1997 @ 8 P.M. REGULAR MEETING DECEMBER 16, 1997 AGENDA MEETING JANUARY 13, 1997 MINUTES OF AN AGENDA MEETING 006576 VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK DECEMBER 2, 1997 7:30 p.m. CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Assistant to the Administrator Richard C. Slingerland Police Chief Robert Santoro Fire Chief W. Dee McCluskey Fire Chief Martin Drexelius Village Certiorari Attorney Mark Tulis REPORT: 2. THE REVALUATION BILL AND HANDLING SMALL CLAIM ASSESSMENT SETTLEMENTS: Mark Tulis, Esq. explained the small claims assessment procedure. He said that when the Assessor files the tentative property tax itssessment roll, then residents file grievances and the Board of Assessment Review rules on complaints. If the Board rules against a filed claim, a hearing officer is assigned and the final assessment numbers are worked out in a trial. Trustee Pellino said the Village has concerns about the reductions in revenue and the volume of cases._ He asked if the Village was required to vote in favor of the resolution approving the court ordered settlement, and asked why the Village could not authorize Counsel to negotiate the small claims. He added that assessables have decreased and that tax certioraris interrupt the revenue stream. Trustee Strum said that assessables have decreased by about 20% due overwhelmingly to commercial properties. He reviewed the grievance process. Trustee Zuckerman noted that the Board was not notified when the claim was filed in court. He also pointed out that many property owners file against the Town and not against the Village. Mr. Tulis said that the Village Clerk must be notified by the filing of a claim. Administrator Russo said that small claims are routed right to the Assessor. December 2, 1997 006577 Mr. Tulis said that the Board must vote to authorize the refund. Trustee Zuckerman asked whether the Rye Brook Trustees should meet with the Rye Town Board, and Mr. Tulis felt that there was no need for such a meeting. Trustee Pellino asked if they should try to have the issue go before the County. Mr. Tulis said that County support is helpful, especially when a large property owner files a certiorari. Mr. Walter Niles of Country Ridge Drive asked how much of the decrease in tax revenues comes from industry. Administrator Russo said that 99% out of the 20% comes from corporations. Mr. Niles also asked how the assessor comes up with the numbers. Mr. Tulis said that the figures are calculated based on an evaluation of fair-market value. 1. KEN BERMAN FACILITIES COMMITTEE CHAH2: RE: RECOMMENDATION ON PURCHASE OF PROPERTY ADJACENT TO THE RYE BROOK HIGHWAY GARAGE: Ken Berman of 20 Mohegan Lane said that the Facilities Committee looks at areas that benefit residents with regard to village property and facilities. As Chairman of the Facilities Committee, he reported that the committee had reviewed the proposal to purchase 502 Ellendale Ave., which is next to where the Fire Department is currently located. On October 27, 1997, the Facilities Committee voted to recommend that the Board buy the property for no more than $170,000. He said that a salt storage facility could be constructed on the property in accordance with New York State guidelines. He added that it was timely to buy the parcel of land because more highway equipment and personnel would be added due to the two large developments that are being considered. Mr. Berman noted that the Town of Rye currently leases this garage property to the Village. The house on the 502 Ellendale Ave. property is in need of repair and there is a two-family house on the other side of village property which is not yet on the market. Trustee Strum stated that ownership of the highway garage is under contention. He said that the Fire Department is housed on Village property next door and that the leased garage property is contiguous with Village-owned property. Trustee Zuckerman said that ownership of the highway garage was supposed to have been transferred to the Village when Rye Brook was created but that it was withdrawn at the last minute. He said that the Town of Rye entered into a long-term lease until 2015 for $1 per year. There being no further discussion, Mr. Berman concluded his report and the Trustees proceeded on to their items of business on the agenda. RESOLUTIONS: 3. CALLING FOR A PUBLIC HEARING ON LOCAL LAW INTRO. #10 - 1997, AS AMENDED REGARDING THE NEW YORK STATE ALTERNATIVE VETERANS' EXEMPTION PROGRAM: On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was 2 December 2, 1997 adopted: 006578 RESOLUTION CALLING FOR A PUBLIC HEARING ON JANUARY 13, 1998 ON LOCAL LAW INTRO. #10- 1997 TO AMEND THE RYE BROOK VILLAGE CODE REGARDING THE NYS ALTERNATIVE VETERAN'S EXEMPTION PROGRAM RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday January 13, 1998, at 7:30 P.M., at the Village Offices, 938 King Street, Rye Brook, New York, to consider proposed Local Law Intro. #10 - 1997, as amended, to amend the Rye Brook Village Code relating to the New York State Alternative Veteran's Exemption Program. ,TRUSTEE STRUM ABSTAINED TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4. AUTHORIZING THE TRANSFER OF CONTROL OF THE LOCAL CABLE FRANCHISE FROM TCI (TCIQ WESTCHESTER TO CABLEVISION (CSCI OF WESTCHESTER: Ms. Emilie Spaulding representing Cablevision of Westchester asked that the transfer resolution be made effective immediately, as the closing date on the transfer would probably be in January. She added that the franchise transfer had been approved by the Public Service Commission in Albany. Trustee Zuckerman noted that he was not entirely comfortable with the resolution becoming effective immediately, so the board amended the resolution to exclude any effective date, along with some other minor amendments. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was adopted as amended: RESOLUTION APPROVING A CONTRIBUTION AND MERGER AGREEMENT BETWEEN TCI COMM. INC. AND CABLEVISION SYSTEMS CORP. AND RESULTING TRANSFER OF THE FRANCHISE FOR THE VILLAGE OF RYE BROOK, NEW YORK WHEREAS, UA- Columbia Cablevision of Westchester, Inc., d/b/a TCI Cable of Westchester, Inc. ("Franchisee") is the duly authorized holder of a franchise for the period of July 1, 1997 to June 30, 2007 (as amended to date, the "Franchise") authorizing the operation and maintenance of a cable television system (the"System") and authorizing the Franchisee to serve the Village of Rye Brook, New York (the 3 December 2, 1997 006579 "Franchise Authority") with cable television services; and WHEREAS, Franchisee is currently a 100% indirectly owned subsidiary of TCI Communications, Inc., a corporation duly incorporated under the laws of the State of Delaware (TCIC); and WHEREAS, TCIC Cablevision Systems Corporation, a Delaware corporation ("CSC") and certain of CSC's subsidiaries have entered into a Contribution and Merger Agreement dated as of June 6, 1997 (the"Merger Agreement"); and WHEREAS, prior to the closing date of the transactions contemplated in the merger agreement(the "Closing Date"), Franchisee or the owner thereof, will undergo an internal corporate reorganization (the"Reorganization"); and WHEREAS, upon or following the Closing Date, the Franchise will be assigned, or control thereof transferred to CSC or to an indirectly or directly held affiliate of CSC (the"Transfer"); and WHEREAS,Franchisee as Transferor/Assignor and CSC as Transferee/Assignee, respectively, have filed Federal Communications Commission Form 394 requesting consent by the Franchise Authority to the Reorganization and Transfer. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees as Franchise Authority finds that Franchisee under the control of CSC meets the legal, financial and technical qualifications to perform the requirements of the Franchise; and be it FURTHER RESOLVED, that the Franchise Authority hereby consents to the Reorganization and Transfer as required by the terms of the Franchise and applicable law; and be it FURTHER RESOLVED, that the Franchise Authority consents to the Transfer contingent upon CSC's agreement as Transferee/Assignee to abide by and assume all of the obligations previously agreed to by TCIC. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5. DESIGNATION OF LEAD AGENCY POSITIVE DECLARATION CIRCULATION OF DRAFT SCOPE OF DEIS, & SETTING A PUBLIC SCOPING SESSION ON THE RYE BROOK FIREHOUSE PROJECT: Trustee Strum asked how a final date clause could be included if the scoping session was not complete. Mr. Powell said that the scoping session could be continued to another date or extended if the Board was continuing its review beyond the deadline. 4 006580 December 2, 1997 Mayor Cresenzi announced that copies of the draft scope would be available. He said that if the Village determined it would build the firehouse, a bond resolution would be needed. He said that the firehouse would be the third capital building project. The first was the Anthony J. Posillipo Center. The second was the new Village Hall in which there was a direct benefit to residents because it was cheaper to own then to pay rent. Regarding the firehouse, he said that the Village is not required to do a SEQRA review, but would conduct one because it provides a specific time table to follow and it establishes the review as a more public process. He said that there was no direct financial benefit to the firehouse. However, he said that EMS and fire response would be enhanced. He added that the financing for construction would be put out for a referendum. Trustee Tunis asked the residents to attend the meetings and read the literature so that they would be able to make an informed decision. She cited safety as the primary issue and she urged residents to listen and to think about response time and not whether or not the firehouse will be in"your backyard". Trustee Zuckerman said that he supports a referendum because the firehouse is a divisive issue. On the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was adopted: RESOLUTION LEAD AGENCY DESIGNATION, POSITIVE DECLARATION, CIRCULATION OF SCOPE OF DEIS, AND SCHEDULING PUBLIC SCOPING SESSION RYE BROOK FIRE HOUSE WHEREAS, the Village of Rye Brook Board of Trustees is reviewing the issue of siting a firehouse in the Village of Rye Brook; and WHEREAS, on October 31, 1997, the Rye Brook Village Administrator/Clerk circulated to all involved agencies a notice stating the intent of the Village Board of Trustees to act as Lead Agency with respect to this matter. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act (SEQRA)), the Rye Brook Board of Trustees hereby declares itself Lead Agency for the proposed action, no objections having been received within thirty (30) days of the circulation of the Boards' notice of intent to be Lead Agency; and be it FURTHER RESOLVED,that the Village of Rye Brook Board of Trustees hereby adopts the accompanying positive declaration under SEQRA, which the Village Administrator/Clerk shall circulate and cause to be published as required by law; and be it FURTHER RESOLVED, that the Rye Brook Board of Trustees hereby directs the Village Adminis- trator/Clerk to circulate the Positive Declaration and Draft Scope of the Draft Environmental Impact Statement (DEIS) to all involved and interested agencies with a notice that a public scoping session will 5 December 2, 1997 006581 be held at 8:00 p.m., at Rye Brook Village Hall at 938 King Street, Rye Brook, NY, on Tuesday, Dec. 16, 1997, and that the final date for written comments on the Draft Scope is December 31, 1997. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6A&B. APPOINTMENT OF 2 POLICE OFFICERS TO THE RYE BROOK POLICE DEPARTMENT: On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION-- ITEM#6 A APPOINTMENT OF POLICE OFFICER RESOLVED, that Joseph Frank Lanzetta of 37 Summit Avenue, Port Chester, New York, upon recommendation by the Police Chief, is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to Civil Service procedures of the State of New York; and be it RESOLVED,that the annual salary for this position will be $31,790 with an effective date of December 8, 1997, and a probationary period of one (1) year. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was adopted: RESOLUTION—ITEM # 6 B APPOINTMENT OF POLICE OFFICER RESOLVED, that John T. Arnold of 183 Bergen Street, Port Jefferson Station, New York, upon recommendation by the Police Chief, is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to Civil Service procedures of the State of New York; and be it RESOLVED, that the annual salary for this position will be $31,790 with an effective date of December 8, 1997, and a probationary period of one(1) year. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE 6 December 2 1997 006582 TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7. CONSIDERING CHANGING THE START TIME OF THE DECEMBER 16, 1997. BOARD MEETING TO 6:30 P.M.: On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION CONSIDERING CHANGING THE START TIME OF THE DECEMBER 16, 1997 VILLAGE BOARD MEETING RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby changes the start time of the December 16, 1997, Board Meeting to 6:30 P.M., with the Public Scoping Session on the Rye Brook Fire Station siting project to begin at 8:00 p.m. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 8. CHECK REGISTER(S): On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment: On-Line Checks 17561 - 17630 Payroll 24437 - 24530 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees after audit hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE 7 December 2, 1997 006583 TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi announced that Fire Chief William D. McCluskey would be leaving the Village to accept a promotion within Rural/Metro. He thanked Mr. McCluskey for his service to Rye Brook. Mr. McCluskey introduced his successor, Fire Chief Martin Drexelius. Mr. Drexelius told the Board that he was excited about the position and looked forward to the challenges ahead. He also invited everyone to contact him at the station if they had any questions. Ken Heller of 22 Lincoln Ave. asked that the Village look at the left turns being made from Brook Lane on to Westchester Avenue. Trustee Pellino said that residents wanted to keep Brook Lane permanently closed after the State road-improvement project on Westchester Avenue was completed. Mr. Heller asked the Board to think about putting the'property behind the Village garage back on the tax roll. Mayor Cresenzi said that the property behind the garage would be used by the Village for DPW/Highway purposes, and that the Village would square off the property by buying the 502 Ellendale Avenue site, besides the fact that the Village needs to build a salt shed to comply with state and federal regulations. Mr. Heller asked the Board to determine the best location for the Village garage. Richard Abel, publisher of the Westmore News, presented a book containing all of the Rye Brook editions of his publication to the Board of Trustees. Mayor Cresenzi announced the next meeting dates and the meeting was adjourned at 8:40 p.m. Respectfully submitted, 4/_ leo Christopher J. Russo Village Administrator/Clerk 8