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HomeMy WebLinkAbout1983-01-31 - Board of Trustees Meeting Minutesi 47 SPECIAL MEETING OF THE VILLAGE BOARD HELD ON JANUARY 31st, 1983 at 8 P.M. at 10 Pearl Street, Port Chester. Present: Mayor Kabcenell, Trustees Harris, Meiskin, Nardi, Zak, Attorney Georgia Kramer. The special meeting was called by Mayor Kabcenell to appoint the Assessor for the Village of Rye Brook, and on the motion of Trustee Harris, seconded by Trustee Zak, RESOLVED that the office of the Assessor of the village of Rye Brook be established, and BE IT FURTHER RESOLVED that Sal J. Rollo be appointed Assessor for the balance of this official year to May 31st 1983, and BE IT FURTHER RESOLVED that Sal J. Rollo shall serve as consultant to the Board with respect to assessment matters until December 31st, 1983, and BE IT FURTHER RESOLVED that Sal J. Rollo be paid the salary o£ $2200.00 (Twentytwohundred dollars) which shall also include all administrative costs. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE VILLAGE AUDITOR. On the motion of Trustee Meiskin, seconded by Trustee Nardi, RESOLVED that the Auditor of the Village of Rye Brook is vested with all powers permitted by Village Law, and BE IT FURTHER RESOLVED that certification and verification of claims by the oath of the claimant shall not be required except where specifically required by law. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE The meeting was adjourned at 9.30 pm. MINUTES OF REGULAR MEETING FIELD ON MARCHlst, 1983 in the VILLAGE OFFICE AT 380 North Ridge Street, Rye Brook at 8 P.M. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak, Attorney Kramer, Treasurer Braudy, Clerk Smith. The meeting was called to order at 8 p.m, and the minutes of the January 25th Regular Meeting and January 31st Special Meetingwereaccepted as presented. Mayor Kabcenell thanked Highway Superintendent Donald Brown on behalf of the Village for the excellent snow removal job during the "Blizzard of '83". The Mayor introduced information that in the proposed State budget by the Governor, it will involve a 39% reduction in State aid for road improvements. The Town Board met yesterday to enter its protest, and the Mayor proposed that this Board write a letter to the Governor and other appropriate parties protesting this type of cut back in road improvements, and asked Attorney Kramer to structure a letter, with permission of the Board, to go out over their signatures. Approval was unanimous. AWARD. Congratulations of the Board and on behalf of the Village were given to Douglas Scott Angelides on receiving Scouting's highest honor - the Eagle Scout badge. The Mayor presented him with a copy of the following resolution which was introduced by Trustee Zak and seconded by Trustee Harris. WHEREAS Douglas Scott Angelides, a resident of Rye Brook, has attained Scouting's highest award and WHEREAS the Eagle Scout badge has been awarded to him for his scouting achievements, and WHEREAS the Board of the Village of Rye Brook has recognized his activities, and WHEREAS the Board and residents of Rye Brook are proud of his outstanding abilities, let it therefore be RESOLVED that-the Board of the Village of Rye Brook does note and congratulate Douglas Scott Angelides for achieving this high honor in the world of scouting. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE REPORT REGARDING ELECTION PROCEDURES. I Attorney Kramer had explored the possibility whether, in the absence of candidates, it would be possible to reduce the number of inspectors and districts to save money. We cannot do that, there is a time limit required under State Law, therefore we are limited to following standard election procedures. However, we have been able to save some money. Trustee Harris explained that instead of having Collins Bros. Movers stand by with a truck and two men with reserve machines ready to deliver in case of need, at a cost of $73. 50 per hour for fourteen hours, they have agreed to pick up the machines which will be ready at the Town Garage, should they be required, and have them in place in one hour. J 49 Mayor Kabeene3 _.- -r u running, Trustees Harris and Zak - uncontested - but encouraged everyone to please carne and vote. The election is on March 15th, and there will be a special Registration day on March 5th, in the lobby at the Ridge Street School. A resident raised the question of provision for write-in ballots, and the answer was affirmative. OMNITEL INC. A letter from Cmnitel Inc. dated February 14th 1983 making formal application for Site Plan approval, was referred to the Planning Board at the February 15th Agenda Meeting, to avoid loss of time. The recommendation of the Planning Board is to hire Clark Associates to review the site plan and that the cost should be reimbursed by the developer. on the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that Clark Associates be engaged to make recommendations concerning site plan approval requested by Omnitel Inc. and require that Cmmitel Inc. deposit with the Village of Rye Brook, a sum of money to be held in escrow to pay for services of Clark Associates and that we will request an estimate, and if that estimate is reasonable, we will ask for that sum to be paid by Onmmitel Inc. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Harrisaskedif this matter were solely the province of the Planning Board - the response was yes, with consultation with the Architectural Board of Review, and reporting then to the Village , Board with recommendations. TAX BIMNG DATES AND COLLECTION PROCEDURES. Treasurer Sidney Braudy reported that in order to peke it more convenient since the Town has already levied its tax for 1983, and payment of which is due in April, and 50% of the school tax is due in September, the-other 50% in January, he is proposing that payment of Village Taxes for 1983/1984 be scheduled for 50% in December and 50% in February 1984. This would be only half the year's tax, since the Town had already levied for all of 1983. The normal situation for tax levied in June would be 50% due June, and 50% December. Attorney Kramer said the law does provide for installment payments to be established. A suggestion was made to postpone the December 1983 payment to June or July 1984, Mayor felt that we would have to borrow too much, however, Trustee Nardi felt it would be hard for people to pay 142% tax in one year. Resident Gene Strum stated that the Town is on a calendar year basis, collecting in April and borrowing for the first three months of the year, so that if we borrow for three months, it won't be any different. Mat people look at taxes on a calendar year basis, and banks work on that basis also in establishing escrow accounts, so that if you put another payment in 1983 on people who have already paid a full year, you will be causing hardship, therefore he thought that we should find a way to minimize, if not make zero, any payments due in 1983 for this first Village fiscal year's taxes. Perhaps we should put one payment in January instead of half in December and half in February, that would make five months due in January and nothing due in 1983. Resident Viola Nelson suggested since we are allegedly responsible to the public that we have a public meeting with knowledgeable tax people who can answer questions from the public, since we have time between now and June 1st. Trustee Meiskin responded that it it is not really a tax matter rather a matter of cash flow and we want to try to set up a schedule to prevent hardship either to the taxpayer or the Village. We need con onsense in this matter. Attorney Kramer said that Village Law calls for some payment in June, referring to June 1983, Trustee Nardi suggested getting a waiver from the State, Trustee Meiskin asked if the April payment to the Town could be considered our June payment. Attorney Kramer will research the issue and report to the Board. Mayor Kabcenell thought that Mr. Strum's suggestion to move the December payment to January might be good to avoid another payment in 1983. Trustee Meiskin said the 4twm will be turning over 7/12th of the monies collected in April 1983 for the full year, to carry the Village to December 1983. Why do we need a collection of taxes for the Village in 1.983? He suggested resubmitting the calendar at the next meeting. Trustee Harris felt it would be. helpful to have some pro forma numbers in the schedule - it will be clearer that the Village will be less than the 'Pawn Tax is now. School taxes are due at the same time in both school districts. Mayor Kabcenell reported on matters concerning the Tax Roll. A village has the opportunity to establish its Taxable Status, Real Property assessment as of January 1st, but the only Roll available to us was the June 1st Town Roll, and since we have substantial growth since then, it made sense to update the Roll for the January 1st date, and the Law calls for the Assessor to prepare the Assessment Roll and file it with the Village Clerk as of February 1st. I notified Mr. Sal Rollo, the Rye Town Assessor, in November and again in early December of our desire to have an updated Roll as of January lst. I met with Mr. Fidelibus, the Building Inspector, in December to make sure that inspections had been made so that assessments were being updated particularly in the new developments. On January 25, I again spoke to Mr. Rollo who assured me that the Roll would be completed February let. On Friday January 28th, Mr. Rollo indicated that he had to be appointed Village Assessor in order to publish the Roll. I asked the Village Attorney to arrange whatever the appropriate resolution, and when she discussed it with Mr. Rollo, he indicated that was work in excess of his regular contract, and he would have to be paid for this excess work. The amount agreed upon was $2200.00, and this was on January 28th. As a result of our need to get this Assessment Roll, I called a special meeting of the Board for the purpose of passing this resolution, and on Monday January 31st, we passed a resolution appointing Mr. Rollo Village Assessor for this year, to May 31st, at a fee of $2200.00. The reason was the difference in Assessed Valuation frau the number we would have to use from the June 1st Roll and the January 1st Roll, which we did use, was $5,092,300.00, which at the present Village Tax rate of $45.80 results in additional intone to this Village of $233,227.00. Although some people are concerned that we had to call a Special Meeting under all kinds of duress, the result of it is that we have additional income to the Village of $233,000.00 so I am sorry we had to move in this way without full notification, but I will take full responsibility for that action. The other.item which was passed at the Special Meeting was a resolution waiving Vendor Certification for purchases, which required a Vendor, after sending merchandise, and sending a bill for it, had to file a certification that he really did send the merchandise. It was an archaic procedure, and since it is no longer required by State law, we passed a resolution waiving this Vendor Certification. Mrs. Nelson referred back to the matter of the appointment of Sal Rollo as Assessor, that it was reported in the newspaper that no extra money would be involved, and asked if we would hold him to his printed word. Mayor Kabcenell repeated that the agreement with the Village called for the payment of $2200.00 but it would be nice if he would forgive it. Mrs. Nelson said she intended to call Mr. Rollo about this mutter. NEW BUSINESS. LOCATIONS OF MEETINGS. Mayor Kabcenell reported that having meetings at various locations throughout the community did not seen to have a significant effect on attendance, and created some confusion, he suggested that we alternate meetings between tau place , namely the Village Office and Posillipo Center, so that a calendar could be worked up. The next Regular Meeting on March 22nd will be held at Posillipo Center. Agenda meetings are usually held on the second Tuesday of the month in the Village office, and the next one is scheduled for March 8th. RECREATION FIE - APPIAN ESTATES. Mayor Kaboenell had meetings with representatives of Appian Estates, a development partially in Rye Brook and partially in Port Chester, with Supervisor Posillipo and representatives of Port Chester. The normal process is to ask for 10% in land or the equivalent in money, and we asked for appraisals and a breakdown of property in the two villages, and the agreement was that the amount of land in Rye Brook has a current value estimated at $35,000 and we will receive on that basis $3,500.00 in lieu of land. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the sum of $3,500.00 be paid by Appian Estates to the Village of Rye Brook to be placed in the Rye Brook Recreation Trust Fund to be used for recreation purposes, neighborhood park or playground purposes, as a condition to approval of the plat to be filed by Appian Estates. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Resident Eugene Strwn asked if there was an existing Trust Fund - the answer was not yet, since this is the firstpayment to the Village. Disbursonents from this account will be for recreation purposes as determined by the Board. There was some discussion that prior payments to the Town in this area were placed in the General Fund. Mrs. Cissy Sherlock said there is playground equipment stored in the Crawford Park barn destined for the Pine Ridge Park. She said it was hoped work would start in March, at this time the Town is continuing to administer the Recreation program until we have our own coamission, and the Highway Deparbrent will cooperate with the supplier of the - equipment on the installation. TRAFFIC COMMISSION. Some of the problems were discussed at the last meeting, notahly Rye Ridge area, and there was a letter from John Merritt promising co-operation in trying to solve problems. The Mayor met with representatives of AAA and they are willing to assist in a study. At the last meeting, we indicated a desire to create a Traffic Comrission to take on the responsibility of dealing with existing problems and possible future problems, and therefore would like to have some responsible citizens of the village for this commission. Attorney.Kramer said this should be done by Local Law, and that notice should be published for a Public Hearing to be held at the next meeting. Resident Ken Heller said that so many of our roads are State or County roads, over which we have no control, it could only be advisory. Mayor Kabcenell said it might be possible to make changes internally at Rye Ridge, whereupon Mr. Heller said this had been discussed before and the owners rejected suggestions because it was private property. Mayor Kabcenell said the safety factor has to be evaluated, and Mr. Logan, resident, felt they would be more cooperative because they would like to have some new construction, and he would be watching. FIRE CONTRACT. Mayor Kabcenell said that since we are talking out Public Hearings we should schedule a Public Hearing on the new Fire Contract, and requirements seem to be that allthree communities, Port Chester, Rye Brook and Rye 'loan havepublic hearings on the contract. In Port Chester, it will be March 3rd, Rye Tan will be March 15th, and ours can be March 22nd at the Regular Meeting. TAXI & LIVERY Co,MB:SSION. Is it the intention of the Board to create a commission to deal with 1) existing taxi service and 2) any proposals for new taxi service? Trustee Harris said he had spoken with New York Stats Motor Vehicle Department - the State takes a limited sort of responsibility - the driver must have a Class 4 licence (For Hire) and requires evidence of "For Hire" type of insurance as far as the vehicle is concerned. Ab could grant licences through the Village Clerk or the Police Department, and we should determine what the need is. Trustee Nardi suggested we follow the same procedure as the 'town - investigation of the application by the Police Department, of location by the Building Inspector, and it should then be brought to the Board for discussion. Since the Town still has the authority, Trustee Nardi feels that authorization should be transferred to the Village Board. The Town Clerk could still issue the licence, but the Village Board should have the authority. The reason for concern is that Port Chester has a moratorium and people are applying in Rye Brook to get into Port Chester through the backdoor. One recently had a licence approved and is operating out of the Rye Ridge Shopping Center, but we should have the right to approve any applications. Attorney Kremer thought it should be done by local law and would therefore require a public hearing - possibly it could be done on March 22nd. A question from a resident regarding the fee for the licence issued, who got it? Attorney Kramer should check - it could be ours. There was a question whether the Town Clerk acted in a proper manner in issuing the licence, Ms. Kramer said she had a right to issue it, and Trustee Meiskin suggested that the resident check with the 'town Attorney since it was a Town action. NEWSLENTER. The Mayor asked to defer this discussion since a budget report will be going out, so that this could wait. FLOODING ON ROCK RIDGE DRIVE. Since the experts could not be here, this was deferred to the next meeting. Mrs. Sherlock felt that since there are other areas concerned, it should not be thought of as a "Rack Ridge" problem. There was some discussion of plans introduced over the years, and Mayor Kabcenell said these should be discussed at the next meeting, including information about the Flood Control Districts and National Flood Insurance group. OTHER BUSINESS. Mayor Kabcenell introduced the creation of a Building Department, and Plumbing Department for the Village. It is becoming increasingly clear that the relationship of the Building Inspector/ Tan Engineer, and Plumbing Inspector, is solely with this Board, and the Rye Brook Planning Board and Architectural Board of Review, and therefore it seems coherent that these departments should be created for the Village of Rye Brook The Mayor suggested a resolution to create then, since the Building Inspector is working only in Rye Brook. Planning and Zoning gees hand in hand with the Building Inspector/Toum Engineer - we can't have one without the other, and they should be reporting to this Board. BUILDING INSPECTOR. on the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that there is hereby created a Building Departnnnt of the Village of Rye Brook Trustee Meiskin voting AYE Trustee Nardi voting AYE . Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Zak seconded by Trustee Meiskin, RESOLVED that Mayor Kabcenell is authorized to take the necessary . administrative steps to enter into a contractual relationship to have Felix Fidelibus become Building Inspector and Village Engineer at the same salary and fringe benefits as provided by his position as Building Inspector/Ttwni Engineer of the Town of Rye. -. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE There is only one major salary involved, with sane part time workers and consultants frau time to time, and the department would continue as is, under present budgetary constraints. There may be modifications since the Village is mandated to accept the State Building Code as of January 1st, 19B9, however Mr. Fidelibus feels it is better, and perhaps we should adopt it earlier. Ed Baron, resident, asked it is mandated that we hire Felix Fidelibus, and thinks we should hold off because of pending litigation, and that the Village should wait until it is resolved, because he thinks it may be embarrassing. Ken Heller, resident said interim employment would not hurt since we have so many projects, and we can change our minds at any time. Mrs. Nelson, resident, stated that we should not be discussing this since it was not on the agenda. Mayor Kabcenell stated that it was not the intention to be devious but we cannot operate without this change, and it is very important to make this appointment, as well as prudent to do so at this time. Mr. Baron asked that the record show that he raised the objection to the appointment of Felix Fidelibus, that we will have information within thirty days which may give cause to decide otherwise, and that this statement is based on affidavits, not personal opinion. PLUMBING INSPECTOR. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that Mayor Kabcenell is authorized to take the necessary administrative steps to appoint Frank Nardi as Plumbing Inspector under the same circumstances as now prevailing in his position with the Town of Rye. Trustee Meiskin voting AYE Trustee Nardi ABSTAINING Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE STATE OF NEW YORK SOCIAL SECURITY AGENCY. On the motion of Trustee Harris, seconded by Trustee Nardi, RESOLVED 1) that the Village of Rye Brook pursuant to Section 218 of the Federal Social Security Act and Article 3 of the Retirement and Social Security Caw, will provide old-age, survivors and disability insurance coverage for officers and employees effective the date the Village first has employees on the payroll, excepting services of the following classes of positions for which coverage is hereby determined to be impracticable: a) All services in elective positions. b) All services in elective positions with judicial functions. c) All services in part-time positions for which compensation is fixed at less that $100.00 per calendar quarter. d) All services in positions for which compensation is on a fee basis. 2) The first date the Village of Rye Brook has employees on the payroll (effective date of participation in state's social security system) - NO EMPLOYEES. 3) That the following official is hereby authorized to represent the Village of Rye Brook and is directed to comply with the regulations of the Director of the State Social Security Agency designed to extend old-age, survivors and disability insurance coverage to officers and employees pursuant to Section 218 of the Federal Social Security Act and Article 3 of the Retirement and Social Security Law. The Treasurer of the Village of Rye Brook Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Resolution C on the appropriate form AC 1307 (Rev.2/79) will be filed with the State of New York, in this matter. RYE HILLS/RYE BROOK HCMFDWKERS ASSOCIATION. Trustee Harris read a letter from the Association announcing the officers for 1983, and stating that it is the intention of the organization to work for the betterment of the ccuaunity as a whole and to represent the members of the association on issues in which they have a specific interest. The hope of the association is for a cooperative, mutually beneficial relationship with all other Village and town organizations, governmental bodies and civic leaders. GENERAL. Trustee Meiskin stated that the Rye Town Recreation Commission is meeting at Crawford Park.on March 8 and that Rye Brook liaisons will be present. They are wnrkirq together to recommend programs for Rye Brook because we will need guidance for the budget. Shall we set up our own department? Will it be staffed? What are the properties involved? Trustee Meiskin stated as we go into the budget we should be searching out as many different ways as possible in seeking income that would be different than real property taxes. Perhaps a Utility Tax that is paid by New York Telephone Company, Con Fdison or Water Company. Mayor Kabcenell said there is a gross receipts utility tax of which the Village receives 1% - a greater impact on corporate entities, and this could be a significant number for the Village, and we should pursue this and build it into our budget. The utility collects it and then pays to the municipalities. Mayor Kabcenell said we are also recommending to the Town Board that they discontinue the guarantee of taxes, and would also like to recanmerl to the County that they discontinue it. Mrs. Nelson brought greetings from the Westchester Tricentennial Committee and presented T-shirts to the Mayor and Trustees. Mrs. Nelson requested that the Treasurer make more of a report and discuss payments, and questioned the relationship of voucher numbers to check numbers. It was explained to her that the Town issues checks on our behalf- for the time being, and the sequence is interrupted by their own payments. . The meeting was adjourned at 10.30 p.m.