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HomeMy WebLinkAbout1997-04-08 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES -- AGENDA MEETING AT 938 KING STREET TUESDAY, APRIL 8, 1997 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. TENTATIVE 1997-1998 VILLAGE OF RYE BROOK BUDGET. 2. PROPOSED LOCAL LAW INTRODUCTORY#6 AMENDING THE RYE BROOK VILLAGE CODE IN RELATION TO STREET EXCAVATIONS. RESOLUTIONS: 3. ANNUAL ORGANIZATIONAL RESOLUTIONS. 4. CHECK REGISTERS. WRITTEN COMMUNICATIONS: 5. SY TARSHIS, TRAFFIC COMMISSION CHAIRMAN: REGARDING TRAFFIC ON GRANT STREET. 6. JOHN HALEY,ZONING BD. OF APPEALS MEMBER: ANNOUNCING HIS RESIGNATION FROM THE ZONING BOARD OF APPEALS. DISCUSSION: 7. COMPLETENESS OF DEIS, HIGH POINT VILL. PROJ. NEXT MEETING DATES: REGULAR MEETING APRIL 24, 1997 AGENDA MEETING MAY 13, 1997 006386 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 938 KING STREET RYE BROOK, NEW YORK APRIL 8, 1997 CONVENE MEETING The Meeting was called to order at 7:35 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 Secretary to the Village Board Lisa B. Marinaccio Chief of Police Robert J. Santoro Village Treasurer Joseph Cortese Christian K. Miller, Planning Consultant, F.P. Clark& Associates Fire Chief William Dee McCluskey First Deputy Treasurer Diane Di Santo Second Deputy Treasurer Cathy Spinosa PUBLIC HEARINGS: 1. TENTATIVE 1997-1998 VILLAGE OF RYE BROOK BUDGET: Administrator Russo said the tentative budget must be filed by March 20th, the Board must approve it by May 1 st, and the budget would take effect June 1 st. The first chart was titled"Decline of State Revenue Shared With Localities." Administrator Russo said since 1988, the Village has lost $600,000 in revenue from State reductions and this occurrence has been plaguing local governments. The next chart was titled "Reductions in Assessed Value." Administrator Russo said that in the course of 10 years, the Village has lost $1.7 million. Regarding the third chart, "Assessed Value," he said the Village's assessed value peaked at $66 million in 1986-1987, and that it would continue to decrease. Today, the Village is assessed at about $50 million. The next chart was titled"Budget Appropriations" and Administrator Russo said it included the capital budget and budget paybacks such as tax certiorari. The budget appropriations have grown about 5.2% per year. The next chart was titled "Expenditures in Service" and Administrator Russo said there wasn't much change in this area. Public Safety had the greatest expenditures and other charts showed a.more detailed breakdown of several departments. Regarding a chart entitled "Fire Contract Expenditure," Administrator Russo said that growth had been stabilized 006386 April 8, 1997 because of the Village's new fire contract. The increase has been about 5% per year and the increase would peak at 6% per year in two years. The next chart was titled "Legal Expenses," and Administrator Russo spoke about the fire lawsuit which cost the Village $14,000 so far this year and the federal lawsuit which the Village won. The latter cost the Village $70,000. $56,000 had been spent so far in attorney fees. He also spoke about the Jackson Case which was 12.9% of the Village's legal expenses. In this case, a man in a state prison filed a civil rights lawsuit against two of the Village's policemen. The insurance company denied the Village coverage, but it should have covered the Village. The Village is defending the policemen and is filing claim against the insurance company. The next chart was titled"Recreation Trust& Agency" and Administrator Russo spoke about the Pine Ridge Playground costing about $58,000, including some extra materials such as mulch for the new playground. The swings would cost another $8,000. Regarding the"Interest Earnings" chart, he said that there was a tax levy increase because of a decrease in revenues. Interest earnings had dropped to about $200,000 because of tax certiorari paybacks reducing the money to invest. He said that tax increases had been averaging about 4% per year. The next chart was titled "Where Your Tax Dollar Goes". Administrator Russo said that 18% of the tax dollar went to running the Village and 2% went to the maintenance account. The rest went to the Schools and the County. He also said that the estimated increase would be $11.09 per $1000 of assessed value. He added that Rye Brook has the second lowest tax burden out of 20 operating villages of similar size in Westchester County. Proceeding to the actual budget document, Mr. Russo said there was an increase of about $30,000 for the Village attorney because of additional legal services and fees. Regarding the Village offices, there was a small decrease because of rearranging staff and the fact that the Village no longer pays rent. In terms of the central garage, there was a $16,000 increase because the Village sells fuel to the Ambulance Corps, the schools, the Town of Rye, and the Fire Department. However, these additional costs would be off-set by the revenue from the sales. Also, the diesel truck maintenance and parts are more expensive. There was an increase of about $10,500 in central communications for items such as voice mail, modems, and other supplies. Under special items, there was an increase of about $120,000 in judgements and claims to the Hilton and other paybacks, including Rye Ridge Condominiums. Additional consulting fees were incurred for planning, zoning, and legal text items. He said there had been some computer and equipment updating for the Police Department, and an increase in part-time staff salary. In terms of recreation, a part-timer was added and there was an increase in program leader numbers for the day camp. Regarding the Port Chester Library, the Village had been paying more than its original part of the formula which was 30% (70% of the funding should come from Port Chester). There was a slight increase in Employee Benefits because of a small increase in Social Security based on payroll. Bonding increased because of$100,000 of debt service on the new Village Hall which was off-set by past rent. Under capital, a fuel tracking system would be put in, trailer mounted leaf loader would be replaced, one to two vehicles would be replaced, road and sidewalk improvements would occur, and road resurfacing would occur in front of the new Village Hall and at Harkness Park. In addition, a large truck was added to BAN, there would be major sewer line replacements occurring near Rock Ridge Road, and the sewer flush truck would be replaced. 2 00638'7 April 8, 1997 Trustee Strum asked about an increase in debt service due to bonding and the fact that the Village no longer pays rent. Administrator Russo said that as of last year, the Village paid $90,0004100,000 in rent. He added that rent would have increased by 75% to an annual cost of about $200,000 annually. Trustee Tunis asked about the Port Chester Library and if the Port Chester Board had continued to give flat contributions. Administrator Russo said that the formula still had not been restored and that the Village of Rye Brook was paying $21,000 more than the 70/30 split. Trustee Zuckerman asked what would happen if the heating system broke in the Port Chester Library. Trustee Tunis said that the system was very old and had been repaired several times. She added that it probably would not last the next winter. Trustee Pellino said that the Library Board applied for a community development grant for the heating system since the grant fell through, then they would have to match the funds given by Rye Brook. They had not matched the funds. Mayor Cresenzi asked about having a work session the following Tuesday. The Board unanimously agreed to close the public hearing. The Board also unanimously agreed to schedule a work session for April 15th at 7:30 p.m. Mayor Cresenzi also said that they needed a resolution to change a meeting date from April 22nd to April 24th because of Passover. The Board unanimously agreed to change the meeting date to Thursday, April 24, 1997. 2. PROPOSED LOCAL LAW INTRODUCTORY #6 AMENDING THE RYE BROOK VILLAGE CODE IN RELATION TO STREET EXCAVATIONS: Mayor Cresenzi said that many companies such as the water company or Con Edison open Village streets to conduct repairs. He added that the workmanship is sometimes poor and that the Village had to clean up mistakes and pay for additional repairs. He also said that before Vincent Tamburro, the Village's former Building Inspector, left the Village, they decided that a set of regulations and standards had to be created to protect Village streets. Ken Powell said there was a provision in the Rye Brook code on street excavations. They introduced a period of maintenance which stated that anyone who opened a street and filled it up must guarantee that it didn't settle for 12 months. An amendment stating that smaller outfits could make a $10 per square foot deposit guaranteeing that the street opening would be okay. The deposit allows the Village to use the money if it had to do work to repair the poor workmanship that the street had previously undergone. Mr. Tamburro said that the guidelines provided for the final restoration of the streets. He went on to review the different types of renovations such as asphalt renovations and concrete renovations. Trustee Zuckerman asked about the deposit cash bond of$10 per square foot. He felt that it was small. Mr. Tamburro said that it was a substantial amount and that it was about 30%-35% above the cost of replacement. Trustee Pellino asked about manhole covers. Mr. Tamburro said manholes are a normal maintenance issue and are not included in the amendments. 3 006388 April 8, 1997 The Board unanimously closed the hearing and asked Ken Powell to draft a resolution for the April 24th meeting. RESOLUTIONS: 3. ANNUAL ORGANIZATIONAL RESOLUTIONS: On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: ANNUAL ORGANIZATIONAL MEETING RESOLUTIONS 1997 DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED, that Joseph Pellino of 8 Terrace Court is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two (2)year term of office; and be it FURTHER RESOLVED, that Eugene R. Strum of 308 Betsy Brown Road is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two (2)year term of office; and be it FURTHER RESOLVED, that said terms of office are effective at noon on the 1st Monday of April 1997. 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Russo, of 14 Jennifer Lane is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE 4 006389 April 8, 1997 TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF VILLAGE ATTORNEY RESOLVED, that Kenneth E. Powell of the law firm of Ponzini, Spencer and Geist is hereby appointed as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the terms of g Y g Y g the retainer agreement. 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF VILLAGE CLERK RESOLVED, that Christopher J. Russo of 14 Jennifer Lane is hereby appointed Village Clerk for the Village of Rye Brook for a two-year term. 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF VILLAGE TREASURER 5 006300) April 8, 1997 RESOLVED, Joseph Cortese of 10 Deer Run is hereby appointed as Village Treasurer for the Village of Rye Brook for a two (2) year-term. 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF REGISTRAR OF VITAL STATISTICS RESOLVED, that Frances Nugent, Registrar of Vital Statistics for the Town of Rye, is hereby appointed as the Registrar of Vital Statistics for the Village of Rye Brook for the next ensuing official 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED,that Hope Vespia, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook for the next ensuing official 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: 6 0®6;391 April 8, 1997 RESOLUTION APPOINTMENT OF VILLAGE ASSESSOR RESOLVED, that William Wendlandt, Assessor for the Town of Rye, is hereby appointed as the Assessor for the Village of Rye Brook for the next ensuing official 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURERS RESOLVED,that Diane DiSanto of 98 Lakeview Avenue, Scarsdale, New York, is hereby appointed as First Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that Catherine M. Spinosa of 28 Division Street, Rye Brook, is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRE SENZI VOTING AYE On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHTS RESOLVED, that the second (2nd) Tuesday of each and every month is hereby designated as the Agenda Meeting night of the Village of Rye Brook Board of Trustees; said meeting to commence at 7:30 p.m.; and be it FURTHER RESOLVED, that the fourth (4th) Tuesday of each and every month is hereby designated as the Regular Meeting night of the Village of Rye Brook Board of Trustees; said meeting to commence at 7:30 p.m. 7 906392 April 8, 1997 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED, the Mayor, the Village Administrator and the Village Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that bank transfers from one account to another can be made by telephone by any one of the above named signatories or by Catherine M. Spinosa, followed by written confirmation to the bank in accordance with the Village's Investment Policy. 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that the Bank of New York, Chase Bank, First Union National Bank, Hudson Valley Bank and Fleet Bank are hereby designated as depositories for 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 On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: 8 0063913 April 8, 1997 RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPERS RESOLVED, that the Daily Item or the Westmore News or the Sound Shore Review are hereby designated as the official Newspapers of the Village of Rye Brook for the next ensuing official 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION FRIENDS OF RYE BROOK, INC. RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. 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 Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the rules of procedure of the Board of Trustees as adopted for the previous Village official year are hereby re-adopted and promulgated for the Village official year commencing the first Monday of April, 1997. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9 006;394 April 8, 1997 4. CHECK REGISTERS: On the motion of 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 by the Village Administrator: On-Line Checks: 15806-15904 Pre Paid: 15631-15804 Capital: 2692- 2703 Environmental: 169 Medicare: 15906-15933 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. TRUSTEE STRUM VOTING AVE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATIONS: 5. SY TARSHIS TRAFFIC COMMISSION CHAIRMAN: REGARDING TRAFFIC ON GRANT STREET: Mayor Cresenzi said that the consultants the Village hired found no impacts on traffic for the Grant Street project. He also asked the Traffic Commission to do a review to find solutions to current traffic problems and impacts. The Traffic Commission found no solutions at that time. 6. JOHN HALEY ZONING BOARD OF APPEALS MEMBER: ANNOUNCING HIS RESIGNATIONS FROM THE ZONING BOARD OF APPEALS: John Haley resigned as of April 15, 1997. DISCUSSION: 7. COMPLETENESS OF DEIS, HIGH POINT VILLAGE PROJECT: 10 006390 April 8, 1997 A public hearing on the High Point Village Project would be held on May 13, 1997. Mr. Christian Miller of F.P. Clark& Associates said that he went over the documents and made some revisions. He also sent out a notice of completion according to SEQR. The purpose of the review was to make sure that the document was complete to scope content and adequacy. On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION ADOPTION OF NOTICE OF COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AND SCHEDULING A PUBLIC HEARING HIGH POINT VILLAGE PUD APPLICATION WHEREAS, on or about October 22, 1996, the Board of Trustees of the Village of Rye Brook received a petition from the High Point Village Company ("Petitioner") requesting, among other things, that the premises known as Section 1; Block 3; Lots IAl, IA2 and 1132, as shown on the tax assessment map of the Village of Rye Brook, be rezoned from the current OB zone designation to a PUD zone; and WHEREAS, on November 26, 1996 the Board of Trustees adopted a resolution confirming the Village Board's lead agency designation and adopting a SEQR positive declaration, and on January 7, 1997, finalized a scoping document for the Draft Environmental Impact Statement (DEIS) after a public scoping session, which was held on December 16, 1996; and WHEREAS, the DEIS submitted by the Petitioner has been examined by Village consultants, as well as the Board of Trustees, and the Board of Trustees reviewed the completeness of the document with Frederick P. Clark Associates, the Village's Planning Consultant, at its March 25, 1997 meeting; and WHEREAS,by memoranda dated April 3, 1997 and April 4, 1997, respectively, Leonard Jackson Associates, Village Consulting Engineer, and Frederick P. Clark Associates, Village Planning Consultant, recommended that the Village Board find the DEIS submitted by Petitioner to be complete in accordance with SEQRA Regulations; and WHEREAS, based on these recommendations, together with its own independent analysis, the Board of Trustees, as lead agency, is now satisfied that the DEIS is adequate for public review, and therefore, will now adopt a notice of completion for, and schedule a public hearing on, the DEIS. NOW, THEREFORE, BE IT RESOLVED, that the accompanying Notice of Completion of Draft EIS and Notice of SEQR Public Hearing dated April 8, 1997, for the High Point Village PUD Application, which will include the Scheduling of a SEQRA public hearing on the DEIS for Tuesday, May 13, 1997 at 7:30 p.m. in the Village Meeting Room, is adopted; and it is FURTHER RESOLVED,that the Village Clerk is directed to publish, distribute and file this notice in 11 006396 April 8, 1997 accordance with the State Environmental Quality Review Act. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE Mayor Cresenzi announced the next meeting dates. There being no further business, he adjourned the meeting at 9:05 p.m. Respectfully Submitted, Christopher J. Russo Village Administrator/Clerk 12