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HomeMy WebLinkAbout1983-03-22 - Board of Trustees Meeting Minutes .a REGULAR M1EETING of THE VILLAGE BOARD HELD ON MARCH 22nd 1983 AT 8 p.m. AT POSILLIPO CENTER, RYE BROOK. Present: Mayor Kabccncll, 'Trustees Meiskin, Nardi, Harris, Zak, Attorney Kramer, Treasurer Braudy and Clerk Smith. On the notion of Trustee Zak, seconded by Trustee Harris, the minutes of the March Ist 1983. meeting were unanimously ' adopted. CORRESPONDENCE. The following letter was read into the record, from Michael Boretli Chairman of the Rye Town Recreation Commission. RECREATION DEPARTMENT TOWN OF RYE y 10 FURL STREET COMMISSIONERS: 'y n PORT CURS-M,N.Y. 10573 simy SNenL .Obdoom Phone:914-939-3135 POC PLmIS01MAN TeR>tENce Nucmrr,J� DR. JOSRPN UMILLO 6UPAIHICNmIWT lom+ mw1W mms I onm.LI Chairman SrRkLs RATRGB! HARRIET Ika"Y March 11, 1983 AY WAiINS JACK KABCENE •L Mayor,.Village of Rye Brook 5 Old Oak Read Rye Brook, New York Dear Mayor: on Tuesday March 8th, 1983, Mr. Barry Fischer, President of the Rye Brock Recreation CamLi.ttee, attended the monthly meeting of the Rye Then Recreation camassion. Mir. Fischer brought the Colmlission up to date on the work of his conLittee and discussed the Rye Brook budget for recreation. In order to have a smooth transition of the Recreation Department, from Rye 'lbws to Rye Brook, the members of£his Cannissian feel interaction is most important. To that end we respectfully request you to appoint a Recreation Camni.ssion, as soon as possible. It _ could be ideal if Rye Brook .Recreation Coaaission meters could be present at this Co Tnission's April 5th, 1983, meeting, to familiarize themselves with the policies and workings of this amnission and the up to date activities report of the department. The InanUare of this camdssion assure the Village Board of their carplete cooperation in all matters pertaining to recreation and wi3h you and the new Recreation Camnission success. Sincerely yours, MICHA• BORPJMLI chairman SCHEDULE OF MEETINGS. It was agreed that Regular Board Meetings would be held alternately at Posillipo Center and the Ridge Street School Cafeteria, on the fourth Tuesday of each month at 8 p.m. , unless there was a- conflict with a holiday, in which case an alternate date would be set. NEWLY ELECTED TRUSTEES, Mayor Kabcenell welcomed Trustees Harris and Zak on their recent re-election to office. TRAFFIC COMMISSION. A Public Hearing was held on the Proposed Local Law 0 3 1093, and discussion was that the Planning Board and 'Traffic Commission might have areas of overlapping, and the Mayor suggested that it was the responsibility of both boards to coordinate appropriately. Rye Ridge seems to be the worst problem right now, the County is doing a study, counters are in place, and AAA has offered assistance. They have provided a format and we can get their assistance in a traffic study in that area, On the motion of Trustee Meiskin, seconded by Trustee Zak, Board of Trusteesof the Beit enacted by the .......................................................................................I._............... AWWW Rye Brook, New York MWof.............................................................................................................................................................. an follows: villap Section 1. Findings of Fact. The Board of Trustees of the Village of Rye Brook finds that congestion and certain undesirable traffic conditions may currently exist and may arise in the future. Section 2. Purpose. The purpose of this law is to promote better traffic conditions. Section 3. There is hereby created a Traffic Commission which shall consist of seven (7) members, who shall serve without compensation. All members of the Commission shall be residents of the village. The members of the Commission shall be appointed by the Board of Trustees and the Chairman thereof shall be appointed by the Board of Trustees. The term of office of each member shall be three (3) official years, except that the initial appointments of two members shall be for one (1) year, two members for two (2) years, and three members for three (3) years. The Board of Trustees shall have the power to remove any member for cause after a public hearing. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. The Traffic Commission may appoint an acting Chairman in the absence of the Chairman and may appoint a Secretary. Section 4. Meetings of the Traffic Commission shall be held at the call of the Chairman. The Commission shall keep minutes of its proceedings, showing the vote of each member on each question. Section 5. The Commission shall have the power to investi- gate existing traffic conditions and to make recommendations to the Board of Trustees concerning traffic regulation, traffic laws, parking laws and all other matters relating to the flow of traffic. However, whenever the Village Planning Board has under consideration a request for an amendment of the zoning law, rezoning of a site, site plan approval or subdivision approval, the consideration of the Traffic Commission which may affect such matter shall be suspended. Section 6. This local law shall take effect immediately. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Barris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE FIRE CONTRACT. A Public Hearing was convened on the approval of the Fire Contract. Mayor Kabcenell read the essence of the Fire Contract into the record. A motion to approve the contract was made by Trustee Zak seconded by Trustee Harris, and the floor was open for discussion. Trustee Meiskin spoke first and made the following statement. ON THRSDAY, MARCH 3, THE PORT CHESTER VILLAGE BOARD OF TRUSTEES APPROVED A FIRE CONTRACT TO PROVIDE FIRE PROTECTION SERVICES TO THE VILLAGE OF RYE BROOK. DURING THE COURSE OF THESE NEGOTIATIONS, THE NEGOTIATORS FOR RYE BROOK POINTED OUT MANY •LIMES THAT THE QUALITY OF THE VOLUNTEER FIRE COMPANIES WAS EXCELLENT: THAT THE TOTAL FIRE PROTECTION SERVICE WAS OUTSTANDING AND THAT IT WAS HOPED THAT THE CURRENT SERVICES WOULD CONTINUE FOR MANY YEARS. IT WAS ALSO STATED THAT REASONABLE INCREASES AND COST EXPENDITURES WOULD BE VERY ACCEPTABLE TO RYE BROOK. THE FIRE PROTECTION SERVICES THAT SERVED BOTH COMMUNITIES WAS GOOD FOR BOTH COMMUNITIES AND IT WAS HOPED THAT NOTHING WOULD JEOPARDIZE THIS RELATIONSHTP. IT WAS ALSO STATED, AGAIN AND AGAIN, THAT DURING THE CAMPAIGN TO ESTABLISH RYE BROOK, THESE SAME WORDS WERE REPEATED! RYE BROOK WOULD DO EVERYTHING IT COULD TO CONTINUE THE FIRE PROTECTION SERVICES AS LONG AS COST INCREASES WERE REASONABLE AND LOGICAL. THE PORT CHESTER NEGOTIATORS, AFTER SOME THREE OR FOUR MEETINGS WITH RYE BROOK, OFFERED A FINAL COST FIGURE FOR ONE YEAR OF FIRE PROTECTION SERVICE. THAT FIGURE WAS APPROVED ON MARCH 3, AND GIVES RYE BROOK RESIDENTS CAUSE FOR CONCERN. THE INCREASE WAS A $60,000 INCREASE OVER THE PRIOER $250,000 COST.. IN OTHER WORDS A 24% INCREASE. THIS IS A TERRIBLY NIGH INCREASE AND IS DIFFICULT TO UNDERSTAND BASED ON THE FOLLOWING INFORMATION THAT WAS PROVIDED BY PORT CHESTER: 1. ACTUAL USAGE. a) THIS PAST YEAR THERE WERE 370 ALARMS IN THE RYE—BROOK AREA. THERE WERE APPROXIMATELY 1,250 TOTAL ALARMS IN BOTH AREAS. THIS CONVERTS TO 29% OF USAGE BY RYE BROOK. OF THE TOTAL 370 ALARMS, ONLY 6 WERE WORKING FIRES; THE REMAINDER WERE LEAF FIRES, BRUSH FIRES, CARS ETC. OR FALSE ALARMS. b) THE REMAINING 850 ALARMS ORIGINATED 1N PORT CHESTER. THIS REPRESENTS 70% OF USAGE. BASED ON USAGE, THE COSTS TO RYE BROOK SHOULD BE APPROXIMATELY 30% OF OPERATING COSTS. 2. PER CAPITA a) THERE ARE APPROXIMATELY 25,000 PERSONS IN THE LLAGE OF PORT CHESTER AND APPROXIMATELY 8,000 PERSONS IN THE VILLAGE OF RYE BROOK. THE RATIO IN THIS CATEGORY IS 25% OF THE POPULATION TO BE PROTECTED IN RYE 58 CATEGORY IS 25% OF THE POPULATION TO BE PROTECTED IN RYE BROOK AND 75% IN PORT CHESTER. THE FIGURES PRESENTED BY THE VILLAGE OF PORT CHESTER FOR ITS OPERATIONAL COSTS TO SERVICE THE FIRE DEPARTMENT (WITHOUT CAPITAL COSTS) TOTALS $862,442 FOR THE COMING YEAR. BASED ON USAGE, BASED ON POPULATION, A FAIR SHARE FOR RYE BROOK MIGHT BE NO MORE THAN 30% OF THE OPERATIONAL BUDGET, OR APPROXIMATELY $260,000. HOWEVER RECOGNIZING THAT LAST ' YEAR 'CHIS SAME PROTECTION CAST $250,000, A REASONABLE INCREASE OVER THE $250,000 OF 8% to 10% SEEMS FAIR. THE INORDINATELY HIGH INCREASE OF 24% SENDS A MESSAGE TO RYE BROOK THAT PORT CHESTER IS REALLY LOOKING FOR SOMETHING ELSE. THIS SOMETHING ELSE WAS CLEARLY STATED IN THE DAILY ITEM OF MARCH 4. THIS ARTICLE STATED THAT PORT CHESTER WAS SEEKING TO CREATE ONE LARGE FIRE DISTRICT, WITH COSTS FOR FIRE SERVICES BASED ON ASSESSED VALUATION. ONE FIRE DISTRICT ALSO MEANS THAT RYE BROOK WOULD HAVE TO BUY INTO PORT CHESTER'S FIRE HOUSES AND FIRE EQUIPMENT. OVER $1,000,000 OF CAPITAL ASSETS PLUS, BASED ON ASSESSED VALUATION, RYE BROOK, IN ONE YEAR, WOULD BE PAYING OVER SO% OF ALL THE OPERATING COSTS, OVER 50% OF ALL NEW CAPITAL COSTS. THIS CERTAINLY MEANS THAT RYE BROOK MUST CAREFULLY STUDY THE IMPLICATIONS OF THIS PROPOSAL. AT THIS TIME THF FIGURE PRESENTED TO RYE BROOK FOR FIRE SERVICES FOR 'PHIS COMING YEAR IS $310,000. BASED ON THE ABOVE, POPULATION 25%, USAGE 30% AND 'T'HE RISK FACTOR ( THIS RISK FACTOR ADDRESSES POPULATION DENSITY, INDUSTRIAL ACTIVITIES, TRANSIENT TRAFFIC AND BUSINESS ON A DAILY BASIS, DENSITY OF HOUSING, ETC) THE PROPOSED COSTS PRESENTED BY PORT CHESTER FOR YEARLY FIRE PROTECTION SERVICES IS HIGH! VERY HIGH! IT IS INCUMBENT THAT RYE - BROOK UNDERTAKE A STUDY TO DE'T'ERMINE THE BEST POSSIBLE COURSE OF ACTION FOR RYE BROOK, RELATIVE TO OBTAINING QUALITY FIRE PROTECTION SERVICES BASED ON USAGE, POPULATION, AT-RISK FACTORS AND COSTS. I RECOMMEND THAT WE ACCEPT THE PROPOSED FIRE PROTECTION SERVICES CONTRACT AND AT THE SAME TIME RYE BROOK SHALL INITIATE A FIRE PROTECTION STUDY FOR RYE BROOK. (THIS INFORMATION WAS SHARED WITH THE PORT CHESTER NEGOTIATORS DURING NEGOTIATION) . Fred Gioffre, Rye Town Councilman, stated that lie does not personally disagree with Trustee Meiskin, however, last June two Rye Town Board Members asked for a study of the ramifications of the two Villages and the Fire contract, and Trustee Meiskin was an outspoken critic. A study might have shed a lot of light on the problems. J.J. Lawrence asked how many Board members were involved in the contract negotiation. The answer was "two". A resident asked what the actual response was from Port Chester into Rye Brook and how much apparatus? _ Trustee Meiskin stated that during negotiations, Chief Hansen supplied a log of all calls and responses. There were 370 calls, 232 were responded to by one engine and 1, 2, or 3 men 54 - 2 companies 39 - 3 companies 7 - 4 companies Working fires had 5 companies or more. S wt If a call comes in from a school or similar situation, five companies turn out - there were calls from BLind Brook High School, Port Chester Middle School, and Port Chester Senior High School - all three proved to be false alarms. The usual response is one piece of apparatus and one or two men go out, and if they need assistance, they call back in. If someone calls in that the house is on fire and three or four room are going up, the dispatcher would excercise ` his discretion and send five pieces of apparatus. This applies to any structure. If its a brush fire, the first piece of equipment on the scene will report back and give a judgement. It is not clearly specified in the contract what the responses should be, it does say it is at the discretion of the chief. Mayor Kabcene'Ll stated that it is the same contract which we have had since 1946 , and although it is not spelled out, we have the assurance of the Chief that the same kind of response will continue. Mayor Kabcenell said he would talk further about this. Donald Brown, Highway Superintendent, said that at the last Town Board Meeting he said that according to the last contract (which was 1966) four trucks go to anything in the Village of Rye Brook, and as of the first of this year, an extra pumper would be sent, making a total of five pieces of equipment. Ken Heller said that a fire in Rye Brook last summer, when a house in Elm Hill was burning, brought our over 75 volunteers and the house was saved, valued at $250,000. We must be very careful about having the best protection and experienced fire companies to provide it, because this is how fire insurance is rated, and a new service might change the rate. . Saving a couple of dollars on the tax rate, might be more than offset by higher insurance rates. Nelson Rodriguez stated that Milt Meiskin presented alternatives during the campaign and asked if a study had been done further. Trustee Meiskin stated that we all benefit from the Fire Dept. and thinks it should continue, but we should examine at what point does the cost become exorbitant, and can we deliver the services better and cheaper than what may be occurring with Port Chester now. We had at that time a response from a planning company to put up a fire house within six months at a cost of not more than $60 per s.f. - from memory - 5,000 s.f. for a total of $300,000 for the building. Only a study will show what would be best for us to do. Mayor Kabcenell pointed out that the discussions which have taken place do not relate in any way to the Port Chester Fire Service. Our negotiations have been with the officials of the Village of Port Chester and the discussions have been what the cost would be to the Village of Rye Brook, and we do not intend to involve the Fire Companies who are very fine servants of all of the people. Studies should be made and based on the size of the increase, it would be prudent for us to find out alternatives. Studies should also be made to evaluate the needs of the total area. The question of back up services was raised, and coverage is available by the Mutual Protection Pact of all fire departments. The General Municipal Law states that the Fire Department itself has to approve the contract. Trustee Harris asked Mr. Irwin, an experienced fireman, if he were satsified that the contract with Port Chester will give us their best efforts. He felt that was so, but we should specify that apparatus would be at what kind of fire. 6 Trustee Nardi said he has total admiration for the Port Chester Fire Dept. however, we would be remiss if we did not do a study now to evaluate the service we are getting. It is only a matter of time before Port Chester pushes for a single fire district, which would be an economic disaster for Rye Brook, and a study may well show we can do it for less money. Two other incidences in Rye Town when services provided by Port Chester became too expensive and the Town found out they could provide their own services cheaper - Police and Garbage - and the Supervisor saw to it that we did it ourselves at a saving to the people. A study will show if this applies to the fire services also. J.J. Lawrence suggested that negotiations in general are a matter of understanding and attitude and more than two people should have been involved. - Mayor Kabcenell responded that no Board would negotiate with a majority of members because that gives no opportunity for recourse. The Mayor said the Clerk should request the Chief to document the response to alarms so we can have it for information at subsequent meetings. Trustee Meiskin voting AYE Trustee Nardi voting AYE: Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE GROSS RECEIPTS 'FAX ON UTILITY SERVICES. This is a proposal for the adoption of this Tax which is provided in the New York State Law, calling for a payment to a Village or City of 1% of the gross receipts of utilities. This has been the only mechanism to get the corporate entities to pay a larger percentage of the tax. All communities of Westchester have passed such a law, except two. On the motion of 'trustee Holskin, seconded by Trustee Harris, Be it enacted by the ...................$0.4.0....0.f...TxIdS.L.e.aS............_.......................................................of the m....t wt.wr..e.+n 11AW Rye Brook, New York .......... as follows: Jewof.................................................................................................................................................... Village Section 1. Tax on the furnishing of utility services. Pursuant to the authority granted by Section 5-530 of the Village Law of the State of New York, a tax equal to one percentum of its gross income from and after the twentythird day of March, nineteen hundred and eighty three, is hereby imposed upon every utility doing business in the Village which is subject to the supervision of the State Department of Public Service, which has a gross income for the twelve months ending March thirty- first, in excess of five hundred dollars, except motor . _ carriers or brokers subject to such supervision under article three-B of the Public Service Law; and a tax equal to one per centum of its gross operating income from and after the twentythir.,t day of March, nineteen hundred and eighty three, is hereby imposed upon every other utility doing business in the Village which has a gross operating income for the twelve months ending March thirtyfirst in excess of five hundred dollars; which taxes shall have application only within the territorial limits of the Village, and shall be in addition to any and all other taxes and fees imposed by any other provision of law. Such taxes shall not be imposed on any transaction originating or.sonsummated outside of the territorial limits of the Village, notwithstanding that some act be necessarily performed with respect to such transaction within such limits. Section 2. As used in this local law, (a) the word "utility" includes every person subject to the supervision of the State Department of Public Service, excepting persons engaged in the business of operating or leasing sleeping and parlor railroad cars or of operating railroads other than street surface, rapid transit, subway and elevated railroads, and also includes every person (whether or not such person is subject to such supervision) who sell gas, electricity, steam, water, refrigeration, telephone or telegraphy, delivered through mains, pipes or wires, or furnishes gas, electric, steam, water, refrigeration, telephone or telegraphy service, by means of mains, pipes or wires, regardless of whether such activities are the main business of such person or are only incidental thereto, or of whether use is made of the public streets; (b) the word "person" means persons, corporations, companies, associations, joint stock associations, co-partnerships, estates, assignee of rents, any person acting in a fiduciary capacity, or any other entity, and persons, their assignees, lessees, trustees or receivers, appointed by any court whatsoever, or by any other means, except the state, municipalities, political and civil subdivisions of the state or municipality, and public districts; (c) the words $,gross income" mean and include receipts received in or by reason of any sale, conditional or otherwise (except sales hereinafter referred to with respect to which it is provided that profits from the sale shall be included in gross income), made or service rendered for ultimate consumption or use by the purchaser in the Village, including cash, credits and property of any kind or nature (whether or not such sale is made or such service is rendered for profit), without any deduction therefrom on account of the cost . of the property sold, the cost of the materials used, labor or services or other costs, interest or discount paid, or any other expense whatsoever; also profits from the sale of securities; also profits from the sale of real property growing out of the ownership or use of or interest in such property; also profit from the sale of personal property (other than property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the period for which a return is made); also receipts from interest, dividends and royalties derived from sources within the Village other than such as are received from a corporation a majority of whose voting stock is owned by the taxpaying utility, without any deduction therefrom for any expenses whatsoever incurred in connection with the receipt thereof and also profits from any transaction (except sales for resale and rentals) within the Village whatsoever; provided, however, that the words "gross income" shall include, in the case of a utility engaged in selling telephony or telephone service, only receipts from local exchange service wholly consummated within the Village, and in the case of a utility engaged in selling telegraphy or telegraph service, only receipts from transactions wholly consummated within the Village; (d) the words "gross operating income" mean and include receipts received in or by reason of any sale, conditional or otherwise, made for ultimate consumption or use by the purchaser of gas, , electricity, steam, water, refrigeration, telephony or telegraphy, or in or by reason of the furnishing for such consumption or use of gas, electric, steam, water, refrigeratioq, telephone or telegraph service in the Village, including cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or services or other costs, interest or discount paid, or any other expenses whatsoever. Section 3. Every utility subject to tax under this local law shall keep such records of its business and in such form as the treasurer may require, and such records shall be preserved for a period of three years, except that the treasurer may consent to their destruction within that period or may require that they be kept longer. Section 4• Every utility subject to tax hereunder shall file on or before June 25th, September 25th, December 25th and March 25th of every calendar year, commencing June 25th 1983, a return for the three calendar months preceding such return date, and in the case of the first such return, for all preceding calendar months during which the tax imposed hereby was effee.tive. Every return shall state the groes income or gross operating income for the period covered thereby. Returns shell be filed with the treasurer on a form to be furnished by him for such purpose and shall contain such other data, ' information or matter as he may require to be included therein. The treasurer, in order to insure payment of the tax imposed, may require at any gime a further or supplemental return, which shall contain any data that may be specified by the treasurer, and he may require any utility doing business in the Village to file a return, which shall contain any data specified by him, regardless of whether the utility is subject to tax under this local law. Every return shall have annexed thereto an affidavit of the head of the utility making the name, or of the owner or of a co-partner thereof, or of a principal officer of the corporation, if such business is conducted by a corporation, to the effect that the statements contained therein are true. ' Section 5. At the time of filing a return as required by this local l:aw, each utility shall pay to the treasurer the tax imposed by this local law for the period covered by such return. Such tax shall be due and payable at the time or filing the return or, if a return is not filed when due, on the last day on which the return is required to be filed. Section 6. In .case any return filed pursuant to this local law shall be insufficient or urisatisfactory to the treasurer and if a corrected or sufficient return is not filed within twenty days after the same is required by notice from him, or if no return is made for any period, the treasurer shall determine the amount of tax due from such information as he is able to obt.ai.n, and if necessary, may estimate the tax on the basis of external indices or otherwise. lie shall give notice of such determination to the person liable for such tax. Such determination shall finally and irrevocably fix such tax, unless the person against whom it is is assessed shall, within -thirty days after the giving of notice of such determination, apply to the trea:;urer for a hearing, or unless the treasurer of his own motion shall reduce the same. After such hearing, the treasurer shall give notice of his decision to the person liable for the tax. Such decision may be reviewed by a proceeding under article seventy-eight of the Civil Practice Law and Rules of the State of Now York, if application therefor is made within ninety days alter the giving of' notice of such decision. An order to review such decision shall not be granted unless the amount of any tax sought to be reviewed, with interest and penalties thereon, if any, shall first be deposited with the treasurer and an undertaking filed with him, in such amount and with such securities as a justice of the Supreme Court shall approve, to the effect that, if such proceeding be dismissed or the tax confirmed, the applicant will pay all costs and charges which may accrue in the prosecution of such proceeding; or, at the option of the applicant, such undertaking may be in a sum sufficient to cover the tax, interest, penalties, cost and charges aforesaid, in which event the applicant shall not be required to pay such tax, interest and penalties as a condition precedent to the granting of such order. Except in the case of a wilfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of the filing of a return; provided, however, that where no return has been filed as required by this local law the tax be assessed at any time. Section 7. Any notice authorized or required under the provisions of this local law may be given by mailing the same to the persons for whom it is intended, in a postpaid envelope, addressed to such person at the address given by him 1n the last return filed by him under this local law or, if' no return has been filed, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the person to whom addressed. Any period of time which is determined according to the provisions of this local law by the giving of notice, shall commence to run from the date of mailing of such notice. Section 8. Any person failing to file a return or a corrected return, or to pay any tax or any portion thereof, within the time required by this local law shall be subject to a penalty of five per centum of the amount of tax due, plus one per centum of such tax for each month of delay or fraction thereof, excepting the first month, after such return was required to be filed or such tax became due; but the treasurer for cause shown, may extend the time for filing any return and if satisfied that the delay was excusable, may remit all or any portion of the penalty fixed by the foregoing provisions of this section. Section 9. If, within one year from the payment of any tax or penalty, the payer thereof shall make application for a refund thereof and the treasurer or the court shall determine that such tax or penalty or any portion thereof was erroneously or illegally collected, the treasurer of such Village shall refund the amount so determined. For like cause and within the same period, a refund may be so ._ made on the initiative of the treasurer. However, no refund shall be made of a tax or penalty paid pursuant to a determination of the treasurer as hereinbefore provided unless the treasurer after a hearing as hereinbefore provided, or of his own motion, shall have reduced the tax or penalty or it shall have been established in a proceeding under article seventy—eight of the Civil Practice Law and Rules of the State of New York that-such determination was erroneous or illegal. All refunds shall be made out of moneys collected under this local law. An application for a refund, made an hereinbefore provided, shall be deemed an application for the revision of any tax or penalty complained of and the treasurer may receive additional evidence with respect thereto. After making his determination, the treasurer shall give notice thereof to the person interested, and he shall be entitled to an order to review such determination under said article seventy—eight of the Civil and Practice Law and Rules, subject to the provision hereinbefore contained relating to the granting of such an order. Section 10. Whenever any person shall fail to pay any tax or penalty imposed by this local law, the village attorney shall, upon the request of the treasurer, bring an action to enforce payment of- the same. The proceeds of any judgement obtained in any such action shall be paid to the treasurer of said village. Each such tax and penalty shall be a lien upon the property of the person liable to pay the same, in the same manner and to the same extent that the tax and penalty imposed by section one hundred eightysix of the Tax Law is made a lien. provided unless the treasurer after a hearing as hereinbefore provided, or of his own motion, shall have reduced the tax or penalty or it shall have been established in a proceeding under article seventy—eight of the Civil Practice Law and Rules of the State of New York that such determination was erroneous or illegal. All refunds shall be made out of moneys collected under this local law. An application for a refund, made as hereinbefore provided, shall be deemed an application for the revision of any tax or penalty complained of and the treasurer may receive additional evidence with respect thereto. After making his determination, the treasurer shall give notice thereof to the person interested, and he shall be entitled to an order to review such determination under said article seventy—eight of the Civil and Practice Law and Rules, subject to the provision hereinbefore contained relating to the granting of such an order. Section 10. Whenever any person shall fail to pay any tax or penalty imposed by this local law, the village attorney shall, upon the request of the treasurer, bring an action to enforce payment of the same. The proceeds of any judgement obtained in any such action shall be paid to the treasurer of said village. Each such tax and penalty shall be a lien upon the property of the person liable to pay the same, in the same manner and to the same extent that the tax and penalty imposed by section one hundred eightysix of the Tax Law is made a lien. Section 11. The tax imposed by this local law shall be charged against and be paid by the utility and shall not be added as a separate item to bills rendered by the utility to customers or others but shall constitute a part of the operating costs of such utility. Section 12. In the administration of this local law, the treasurer shall have power to make such reasonable rules and regulations, not inconsistent with law, as may be necessary for the exercise of his powers and the performance of his duties, and to prescribe the form of blanks, reports and other records relating to the administration and enforoement of the tax, to take testimony and proofs, under oath, with reference to any matter within the line of his official duty under this local law, and to subpoena and require the attendance of witnesses and the production of books, papers and documents. Section 13. 'Except in accordance with proper ,judicial order or as otherwise provided by law, it shall be unlawful for the treasurer, or any agent, clerk or employee of the Village to divulge or make known in any manner the amount of gross income or gross operating income, or any, particulars set forth or disclosed in any return under this local law. The officer charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in any court, except on behalf of the Village in an action or proceeding under the provisions of this local law, or on behalf of the State Tax commission in an action or proceeding under the provisions of the Tax Law of the State of New York, or on behalf of any party to any action or ppaceeding under the provisions of this local law when the returns or facts shown thereby are directly involved in such action or proceeding; In either of which events the court may require the production of, and may admit in evidence, so much of said returns or of the facts shown thereby as are pertinent to the action or proceeding, and no more. G y� Nothing herein shall be construed to prohibit the delivery to a person, or his duly authorized representative, of a copy of any return filed by him, nor to prohibit the publication of statistics so classified as to prevent the identification of particular returns and the items thereof, or the publication of delinquent lists showing the names of persons who have failed to pay their taxes at the time and in the manner provided for by this local law together with any relevant information which in the opinion of the treasurer may assist in the collection of such delinquent taxes, or the inspection by the village attorney or other legal representatives of the Village of the return of any person who shall bring action to set aside or review the tax based thereon, or against whom an action has been instituted in accordance with the provisions of this local law. Any offense against the foregoing secrecy provisions of this local law shall be punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding three months or both, and if the offender be an officer, agent, clerk or employee of the Village, he shall be dismissed from office, and shall be ineligible to hold any office or employment in the Village for a period of two years thereafter. Notwithstanding any provisions of this local law, the treasurer may exchange with the chief fiscal officer of any city or any other village in the State of New York information contained in returns filed under this local law, provided such city or other village grants similar privileges to the Village, and provided such information is to be used for tax purposes only; and the treasurer shall, upon request.furnish the State Tax Commission with any information contained in such returns. Section ly. All taxes and penalties received by the treasurer under this local law shall be paid into the treasury of the Village and shall be credited to and deposited in the general fund of the Village. Section 15, For the purposes of this local law - the word "treasurer" shall mean the treasurer of the Village of Rye Brook, and the word "Village" shall mean the Village of Rye Brook. Section 16. This local law shall take effect immediately. Goldie Solomon, a member of Senator Pisani's advisory staff suggested that the high cost of utilities contributes to the flight of industry, and would like the law repealed, because it is eventually passed on to the user. . Trustee Harris said it will raise revenues, and to our advantage. Joel Heckq resident, suggested that since almost every community is collecting, it would seem that Rye Brook would be paying the penalty without collecting any of the taxes. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE �a PRESENTATION OF BUDGET. Two dates were set for discussion of the budget - April Sth and April 12th at the Ridge Street School Cafeteria. A copy of the budget was sent to all residents by mail, and suggested that residents attend the hearings. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the Board of Trustees Acknowledges presentation of the tentative budget by the Village Clerk and schedules the following dates for public hearings, April Sth and April 12th at 8 P at the Ridge Street School Cafeteria. Trustee Meiskin voting AYE Trustee Nardi voting AYE. Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE TAX COLLECTION DACES. The Mayor said there was no good time - if we defer, we have to borrow and pay interest. Tentative proposals were to pay in two installments, to lessen the burden. Mortgage holders will continue to collect in equal payments monthly. On the motion of Trustee Meiskin, seconded by Trustee Harris, RESOLVED that the Village of Rye Brook collect taxes in two equal installments, June 1st 1983 and November 1st 1983 of each year ensuing. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE _. Mayor Kabcenell voting AYE REPORT ON FLOOD PROBLEMS. - Discussion regarding different areas of flooding, some people resolved it with drainage around foundations, sump pumps, some of the flooding is surface flooding. Mr. Fidelibus said it is illegal to pump it into sewer system. Flooding only occurs when it rains continuously, it it rains intermittently it has a chance to subside. Retention basins in newer developments have helped, but the solution is more retention basins on upper levels, recommended by Engineering Consultant Dolf Rotfeld. The purpose of the discussion was to develop information, who would benefit from drainage plans, therefore who should pay for it. Walter Niles, Chairman of the Architectural Board of Review asked if there was an overall drainage plan for Rye Brook. The Mayor suggested we begin a plan. FEDERAL REVENUE SHARING. We received $40,000 and this hearing deals with how they are to be disbursed. May be used for Fire Protection and Senior Citizens are usually active in making recommendations on how these funds should be spent. We are required by Federal Law to ask for suggestions from the public. This will be part of the Budget Hearing on April Sth and 1.2th. WESTCHESTER MUNICIPAL PLANNING FEDERATION. On the motion of Trustee Nardi, seconded by Trustee Meiskin, BE IT RESOLVED that the Village of Rye Brook agrees to join the Westchester Municipal Planning Federation and that the sum of $35.00 be paid as annual membership dues. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RECREATION AND PARKS COMMISSION. On the motion of Trustee Zak seconded by Trustee Harris, BE IT RESOLVED that there is established a Recreation and Parks Commission of the Village of Rye Brook. The Commission shall be composed of nine members who shall - serve without compensation for a term of three years. Three members shall be appointed for an initial term of one year, three members shall be appointed for an initial term of two years, and three members shall be appointed for an initial term of three years. All members shall be residents of the Village. The members shall be appointed by the Board of Trustees and a chairman thereof shall be appointed by the Board of Trustees. The Commission shall have the power to investigate the needs of the community and the operation and administration of recreation programs. The Commission shall make recommendations to the Board of. Trustees concerning recreation programs for the residents of the Village. Meetings of the Commission shall be at the call of the chairman. The Commission shall keep minutes of its proceedings showing the vote of each member on recommendations to the Board of Trustees. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mrs. Nelson asked if John Errigo, Michael Berelli, Harriet Balter and Joe Camillo are resigning from the Town Recreation Commission, or can they serve on both. Mayor Kabcenell recommended appointment of part of the Commission so that there could be a meeting with the Rye Town Commission. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the following persons be appointed to the Rye Brook Recreation and Parks Commission: Barry Fischer - Chairman John Errigo Michael Borelli Harriet Balter Joseph Camillo Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE �lc°3 PUBLIC HEARING - FEDERAL REVENUE SHARING. Notice was published for this evening. Joe Pellino asked the Board to consider Road and Highway Maintenance because of cuts in State Budget. - Mayor Kabcenell said we have allocated monies in our budget recognizing the decrease in the State Budget, for that purpose. On the motion of Trustee Nardi, seconded by Trustee Harris, RESOLVED that Federal Revenue Sharing monies be used for - Fire Services. 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 9.50 pm.