Loading...
HomeMy WebLinkAbout1985-03-26 - Board of Trustees Meeting Minutes MINU'T'ES OF THE REGULAR MEETING OF THE VILLAGE BOARD HELD ON MARCH 26th 1985 AT 1'lIE Vi LLAGE OFFICE, 111 SOU'I'Il Rfl/f,E S'T'REET, RYE ]ROOK, N.Y. A'1' 8 p.m. PRESENT:Mayor ICabcenell, Trustees Meiskin, Nardi, Zak Trustee Harris arrived late Attorney Kramer, Treasurer Cortese ' Minutes were accepted as presented. PUBLIC HEARINGS. _Special. Use permit application - 62 Bowman Avenue Gary A, Anf�cla SCromberg. Special Use permit application - 566 WcsCchester Avenue, .lack and Shirley Tabachnick. Subdivision application - Charlotte Belove, Lincoln Avenue. A letter was delivered to the Board from Bruno Giuffre, attorney for all three applicants, statirgthat his presence was required before two other Boards at the same time, and requesting Chat thew Hearings be rescheduled. On the motion of Trustee Nardi, seconded by Trustee Meiskin, RESOLVED that Public hearings on application submitted by SCromberg, 'Tabachnick and Belove he adjourned until April. 23rd, 19A5 With the required notification to sit alfected parties. Trustee Meiskin voting AYE Trustee Nardi. voting AYE Trustee Zak voting AYE Mayor Kabcenellvoting AYI3 Trustee Harris ABSENT ROANOKE ASSOCIATES. This application to contruct a cluster: of four (4) attached townhouses on two (2) two-family lots has been reviewed by our Planning Consultants, and the applicant has appeared before the Planning and Archi.Lectur:al Board of Review Boards. 'Their recommendations are that the site plan development application be approved by this Board. On Lhe motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the Board of Trustees declare itself Lead Agency in connection with this application, and that the negative Environmental Assessment he accepted, and FURTHER RESOLVED that this application be approved, with the following provisos: 1 - Hear Yard be at least thirty (30) feet 2 - Side yards to be at least thirteen (13) Feet 3 - Front yard to be at least twenty (20) feet 4 - The footprint not exceed threethousandtwohundredand fatty (3250) square feet. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 'trustee Harris ABSENT 000458 IBM 900 King Street Rye Brook INSTALLATION OF SECURITY FENCE. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the application from IBM Corporation, 900 King Street, Rye Brook, for site plan approval in connection With the installation of a security fence be approved, as recommended by the Planning Board, subject to the condition that the fence be a 6-foot high, vinyl clad cyclone type, and that Frederick P. Clark Associates make a recommendation as to the best a.nd,proper way to install .the fence, and that the installation be satisfactory to the Building Inspector of Rye Brook, ar.d that the fence will be landscaped along its perimeter with hemlocks (or similar planting) approximately every 810" on center. Trustee Heiskln voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE IBFI, 900 King Street Rye Brook EXPANSION OF PARKING LOT. Application to increase the number of parking spaces from 625 to 700. The original approvals given by the Rye 'town Board authorized a total of 815 spaces. On the motion of Trustee Harris, seconded by Trustee Nardi, RESOLVED that the application from IBM Corporation, 900 King Street, Rye Brook, for site plan approval in connection with the expansion of the parking lot from 625 spaces to 700 spaces, be approved, as recommended by the Planning Board, conditional upon.applicant's conformance to the original site plan drawings and lighting plans as approved by the Rye Town Planning Board. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE ARROWWOOD CONFERENCE CENTER-- Golf Shoo Parking Lot On the motion of Trustee Harris, seconded by Trustee Meiskin, RESOLVED that the application from Arrowwood Conference Center for site plan approval in connection with a parking lot to be constructed adjacent to the Golf Shop with thirty (30) spaces be approved, as recommended by the Planning Board. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE ARROWWOOD CONFERENCE CENTER - Wood deck behind Qoo1 area On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the site plan application from Arrowwood Conference in connection with construction of a wood deck behind the pool area, 62' x 424 , be approved, as recommended by the Planning Board conditional upon use of an appropriate, porous material as a subsurface under the deck. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell - It is unfortunate to us and to the residents of Rye Brook that this is the Last meeting that Jules Harris will (�((���f (t attend as a Trustee. I would have no problem spending a few U J V 4 a J minutes talking about Jules, but I have written a statement ihich I will read and asked that It be made a part of the minutes of this meeting. Jules Harris is one of the original Trustees of the Village of Rye Brook, having served in this capacity since 19132. During these two and a half years, he has served with diligence, dedication, and a true respect for everyone with whom he has come in contact. No municipal official could have been more willing to assume responsibilities, many of them most tedious, so willingly and graciously. When Jules undertook tasks, his thoroughness was awesome. Ile would research the topic painstakingly, analyze all of the pertinent information and then provide to the Board of Trustees a succinct summary of the issues along with lis recommendations. One never needed to be concerned about whether a task would be done, and done well, if Jules took it on. Jules has brought to the Board a warmth, a comradeship, a concern for each individual's special needs and an obvious love of the community which is a shining beacon to us all. It has been a distinct pleasure for me to have been able to serve with Jules in such close association for these past several years. I am the richer in spirit from this association and Rye Brook has been blessed with the services of a truly noble citizen. Thank you, Jules. Trustee Harris expressed his appreciation for the kind statement, and his admiration for Mayor Kabcenell and his good fortune in being able to work with him. Mayor Kabcenell returned to the general business of the meeting. PUBLIC HEARING - LOCAL LAW re Rooming Houses. On the motion of Trustee Meiskin, seconded by Trustee Kardi., The following amendment to the Zoning Law, Section 66-2 Is hereby adopted. Definitions: FAMILY - One (l) or more persons occupying a dwelling unit and living together as a single housekeeping unit in a familial relationship, using kitchen facilities and other rooms in common (but not more than four (4) individuals who are not related by birth, marriage, adoption or other domestic bond) or persons living in a government sponsored group home. Persons living together in a dormitory, fraternity, sorority, seminary - or boarding house shall not be considered a family. Homes which bear the generic character of a family unit but are not a framework for transients or transient living. Trustee Ne iskin voting AYE Trustee Nardi voting AYE Trustee Ilarris voting AYE Trustee 'Zak voting AYE Mayor Kabcenell voting AYE On the motion of 'trustee Harris, seconded by Trustee Zak, BE, IT RESOLVED that Local Law # 7-85 known as Rooming, Lodging and Boarding Houses, copy of which is on file in the Village 011ier• be and hereby Is adopted. 'Trustee Meiskin voting AYE 'Trustee Nardi. voting AYE Trustee Harris voting AYE 'Trustee Zak voting AYE Nayor Kabcenell. voting AYE 0004';0 Allocation of funds between the Town of Rye and the Village of Rye Brook. - Aldo Vitagliano, Rye Town Attorney, stated that there have been numerous meetings with Rye Town Comptroller Donald Pierre, himself, and Attorney Kramer, Treasurer Cortese and George Morrow of the Village of Rye Brook, in connection with outstanding financial reconciliations between the Town and the Village, and that the Rye Town Board has approved the agreement and authorized the Supervisor, the Comptroller and himself to sign it. Mayor Kabcenell - the Rye Town Comptroller and the Rye Brook Treasurer have worked very diligently with the two attorneys to resolve any discrepancies between the funds collected by the Town of Rye in taxing for the unincorporated area and the; monies turned over to us, and the Town has paid some bills that related to the Village. As a result of many months of hard work, we have come to an understanding of what the balance remaining is, between the two entities. It is very difficult to document this exactly and I want to extend my gratitude to everyone who put this document together. The agreement, in the form of a letter from Rye Town Comptroller Donald Pierre to Rye Brook Treasurer Joseph Cortese, reads as follows - February 25, 1985 Joseph Cortese, Treasurer Village of Rye Brook 111 South Ridge Street Rye Brook, New York 10573 Re: Allocation of funds b/w Town of Rye and Village of Rye Brook Dear Joe: The purpose of this letter is to outline the present financial situation between the Village of Rye: Brook and the Town of Rye. It is the understanding of the Officials whose signature appears below, that this letter is needed to complete the financial statement of the Town of .Rye for the year ending December 31, 1983. It is understood between the respective municipalities that, effective June 1, 1983, the Town of Rye was responsible to the Village of Rye Brook for n sum equaling 7/12ths of the 1983 Town Tax levy. (Village Law 2-252) , Attached is a recapitulation of the total levy applicable to the Unincorporated Area - 7/12ths of the resulting sum of $2,464,491,00 equals $1,437,620.00. Of Rye Brhis se Brook the o sum of $9GO,000,OOTown Of eadvanced June of e vi Subsequent to that advance, the Town of Rye expended the sum of $280,000,0o on behalf of the Village of Rye Brook, mostly consisting of operational expenses and start-up costs for the Village of Rye Brook, subsequent to June 1, 1983. Copies of these expenditures have been provided, The Village of Rye Brook disputes charges, some of the Utilizing these figures, there was a balance of $197,620,00 which was not advanced to the Village of Rye Brook. In addition, in 1983, Federal Revenue Sharing Funds, totaling $40,000,00 were to be applied by the Town of Rye on a part-Town basis for sanitation. The Village of Rye Brook seeks a credit for 7/121ths of this revenue, or a credit of $21,333.33. In 1982, the Town of Rye received $200,000.00 in Recreation Trust Funds - $100,000,00 attributable to Citicorp and $100,000.00 attributable to Largo, London & Leeds) . The Village believes that these funds should have been turned over to them, rather than applied as they were to the General Fund of the Unincorporated Area, The Village of Rye Brook also takes the position that had the entire 7/12ths of the levy been turned over to the Village, interest could have been earned by the Village, perhaps as much as $100,000.00, and accordingly, that they were entitled to same. The Town of Rye acknowledges that interest could have been earned, but that that interest would have been no more than $70,000,00. In an attempt to resolve the issues, the parties have reached a tentative conceptual agreement that: the Town of Rye owes the Village of Rye Brook the sum of $375,000,00. This number would be a compromise of the total sum which could be as high as $490,953.33, $1,437,620.00 - 960,000.09 - 280,000,00 + 23,333.33 + 200,000.00 + 70,000,00 $ 490,953,33 In addition to the above, the Town of Rye has asked for a credit of $318,800.00 plus interest, as repayment for BANS which were taken out, covering expenditures by the Highway Department for road resurfacing exclusively in the Rye Brook area. The Village of Rye Brook claims that they are unable to assume the indebtedness for same, while the Town of Rye is precluded from charging same off on a part-Town basis, Both municipalities agree thatthey would seek joint legislation from the State of New York in substantially the same form as the proposed legislation annexed hereto, which would have the effect of permitting the Town of Rye to bond the debt, and to charge the Village of Rye Brook for same on a part Town basis. In addition, the Town of Rye is holding the sum of $21,945.00 .plus interest, which represents an additional payment made by the Blind Brook Country Club in 1904, as a penalty for the sale of a portion of the premises on Anderson Hill Road. Said sum is to be paid upon signing of this agreement after the approval of same by the respective Boards. Finally, there are negative fund balances for the part Town portion of Rye Town.. The figures for the negative fund balance, as of December 31, 1983 will be obtained after the auditor's final adjustments. ` ��-cv�tio\tom It is the intention of the parties that the resolution T"c -,a, c -� of the negative fund balance question, including the Qi6 intention of the Town to tax the resident;. of Rye Brook a�bsVar,cc directly for the. part Town negative fund balance, will be c� � C_ included in the oint legislation which will be sought from xo xd the New York Legislature in 1985. As additional consideration of the resolution of the items contained in this letter as detailed herein, the Village of Rye Brooke ci -r� > n<[<d h«e y agrees to support the legislation needed by the Town in the T—^ JJ same or substantially similar form to that attached hereto. �-�5` It is also the intention of the parties that the $375,000.00 will be paid to the Village of Rye Brook within ninety (90) days from approval of the contents of this letter by the respective Boards. In the event: the said sum is not paid within ninety (90) days from said approval, the outstanding sum shall carry interest at the rate of seven (7%) until the outstanding sum shall have been paid. The parties also acknowledge that legislation will be sought to ratify the actions of the Town. of: Rye and the Village of Rye Brook in connection with the transfer of property, both real and personal, including. but not limited to park land. It is the belief of the parties to this letter, that same represents the true and complete financial picture of the situation between the respective municipalities, and that the parties will work to cause same to be implemented by their respective governing bodies. Very truly your Donald A. Pierre Comptroller — Town of Rye Accepted and Agreed: Village of Rye Brook By: ' Joseph Cortese, Treasurer Village of Rye Brook Accepted and Agreed: Town of Rye Donald BG'offre supervisor Pursuant to a Resolution of the Town Board of the Town of Rye adopted on March 26, 1985, a copy of which is attached. Accepted and Ag d: Villa e of R e o By: J k a cenell % XM r Pursuant to a Resolution of the Village Board of the village of Rye Brook adopted on March 26, 1985, a copy of which is attached. Mayor Kabcenell. - There are also other deficits of the Town whtCh they 0r�t74 s a are now addressing, from a number of years prior - the deficits iel.at].ng not only Co the Village of Rye Brook but also to the Village of fort Chester, which the Town is trying to resolve. This is a substantial. amount - about 4.5 million dollars, and the 'Town needs a mechani::m to cone up with that money, short of taxing everybody in an ovorwhclmingly burdensome manner, and thereforethcy are Clmusing to got legi.slai ion which would enable them to bond this nnicunt Lo be paid out over 25 years. In this document what we are doing is agreeing t.o support the concept because the legislature will only do it with Local kale approval and the legislation has been wriLLen requesting approval to bond this amount which will then be chargod back to separato districts in accordance with where if,,, debt was accumulaLed. On the motion of Trustee Mefski.n, seconded by 'Trustee Harris, RESOLVED that Mayor KabeeneLlbe authorized to .sign the foregoing agreement between Rye Town and the Village of Rye Brook on behalf of the Village. Trustee Meiskin voting AYE Trustee Nardi voting AYE 'Ilrustec Harris voting AYE Trus Lee Zak voting AYE Mayor Kabcenell voting AYE DISCUSSION - INCREASE 1N SALES TAX. This was deferred - the Westchester County Village Officials' Association is supporting an increase of llk in the Coun Ly Sales Tax, 0111L. murrey to be distributed back to the local. municipal !tics. Rye Brook is the only village in the Association that has opposed this increase. We have invited the proponent from the WCVOA to come here and liscuss it at a public meeting. Pte or Kabcenell - we are also requesting that the WCVOA oppose the proposed Hotel Tax of 3%. We hope to get their support. I has already been approved by County I,egislaLors, and is now in front. of the State Legislature.. DISCUSSION - PROPOSED BALLEIELD ATTHE RLDGR STREET SCH001 . Mayor Kabcenell - these discussions have been going on now for six months or more between both school distri.e Ls and the ree.rention commission. hc recreation commission is now proposing to place a temporary field on the proposed site to be used by the Youth Recreation Program for grades 2 through 7 during the Spring season. ']'his would mean setting up a temporary backstop, throw down baso; and marking the field'for each game. This will help a leviaLc Cbe need for make up Limes, and pra CtiCes Lau it a permanent field or fields can be constructed, possibly at, Rye hills Par],. or on the new property on King Street. Trustee Meiskin - this goes further back to a point where there was a petition for a balifield for the niens' sof Lball league. Trustee Nardi - if we could get some use of ballficlds at the Port Chester Junior High School, would that at lev].a Le this si LnatlOn .nrd perhaps we would not need another field. District 4 has some obligation to Rye Brook residents, not only Port Chester. A representative of the petition signers opposed to she construction of a new ballfield went through their reasons for opposition, and suggested using Garibaldi Park for some of the make up games. Midget & Peewee leagues with kids from Rye Brook and Port Chest.or use that field. Trustee Meiskin - there is a problem in accommodating the Youth program, grades 2 through 7 - and to Laik about beer butt-les being thrown about, really amazed me, as a reason why the field 50'100d noL be constructed. There was further discussion and statements by various r'esidonts on the pros and cons of various aspects of this problem. Mayor Kabcenell - Tom Hroncich should analyze our needs and the �`�5�2 64 time available at Garibaldi, to show what the needs aro.. The issue is whether to support a temporary field at Ridge Street School, or not, and pending further information, this discussion should be deferred until April 23rd, the next regular meeting. There is a recreation meeting on April 2nd, and interested people . should attend that meeting, so that we can then get a x'ecommendation from the Recreation Commission. The Commission can then get back to me personally, and I therefore adjourn this discussion indefinitely. RESOLUTIONS - ASSESSMENT BOARD OF REVIEW PINDINCS. WHEREAS that Village Board, acting in its capacity as the Board of Assessment Review. at and heard assessment comp Laicts on February 19, 1985, and WHEREAS five property owners appeared before the Board and submitted - documentation regarding their complaints, and WHEREAS Assessor Kenneth G. White has investigated each complaint. On the motion of Trustee Meiskin, seconded by Trustee Nardi, THEREFORE BE IT RESOLVED that upon Assessor Kenneth C. White's recommendation, the assessment roll be changed as follows: Rednick, Robert I. Assessment Changed to 6 Lawridge Drive 22,000 20,700 Mr. & Mrs. Caprara 58 Rock Ridge Drive 11,900 13,700 Isabelle Sherlock 54 Rock Ridge Drive 14,500 13,050 R & L Varadian 25 Woodland Drive 37,300 17,300 E & S Steinberg 72 Tamarack Road 8,750 No change AND BE IT FURTHER RESOLVED that this roll, as corrected be approved as the Final Village Assessment Rol Lfor the Village of Rye Brook for 1985. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee !Harris ABSTAINING Trustee.Zak voting AYE ' Mayor Kabcenell voting AYE RESOLUTIONS - RECREATION FEE SCHEDULE. .__ On the_motion_of Trustee Nardi, seconded by Trustee Meiskin, RESOLVED, upon the recommendation of the Rye Brook Recreation Commission, the following fee schedule be approved: DAY CAMP Kindergarden - 7th First child $90.00 Second child 20.00 Family fee not to exceed $130.00 SENIOR SUMMER CAMP 8th & 9th grades Session I $60.00 Session If 60.00 Discount of $10.00 for early registration on or before May 24, 1985. SENIOR SUMMER CAMP - NON RESIDENTS Session I $70.00 Session II 70.00 TENNIS PERMIT FEE SCHEDULE Junior Membership 8 - 12 years $ 8.00 Intermediate Membership 13 - 18 years 12.00 Senior Membership 19 years 6 older 35.00 Family Membership includes childred 60.00 up to 21 years old living at home. TENNIS - DAILY FEE SCHEDULE Weekends & Weekdays Holidays Non-permit holder adult $3.00 $5.00 child 1.00 1.00 Guest of Resident adult 3.00 5.00 child 1.001.00 •Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Barris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTION - POLICE CONTRACT. On the motion of Trustee Nardi, seconded by Trustee Mei skin, RESOLVED that the agreement negotiated between the Village of Rye Brook and the Part Chester/Rye Brook Police Assaciati.on (GOnLYBCL ff 85-1) effective January 1, 1985 through December 31., 1986 be approved, and BE IT rugTHER RESOLVED that all salary and benefits be retroactive to January 1, 1985, Trustee Meiskin voting AYE Trustee Nardi voting AYE Tru9Lce Harris voting AYE T ustcc Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell - the reason for the second paragraph is that the contract terminated on December 31st 1984, and since we were not able to resolve all negotiations, the contract is just being approved today, but the pay i.a retroactive to January 1st, 1.985. The contrace provides for a 6.5% increase in 1985 and a 6.0'Y increase with long(viLy In 1986. The contract also sets new annual salaries for Police Officers hired after January 1, 1985, which are significantly lower than the salaries now enjoyed by our police. officers. RESOLUTION - CHECK REGISTER. On the motion of Trustee Nardi, seconded by Trustee Meiski.r., RESOLVED that the Treasurer's Check Regi.sLer, Check Nos. 3146 - 3222 and 1184 - 2548 (Manual) be approved and the Treasurer be authorized to issue checks for all necessary Village. expenses. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE The Chcck Register is available for exemina Lion at Lbe Village Office. 0001166 RESOLUTION - BUDGET HEARING. Ou the motion of Trustee Harris, seconded by Trustee Zak RESOLVED that the Public hearing to discuss the rental i.ve Budge) for the Village of Rye Brook, be set for Apiit 9Lh 1985 at 8 p.m. aI. the Village Office, and that the Clerk be authorized to Prblish Cho necessary legal notice in this connection. 'Trustee Meiskin Voting AYE 'trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor ICabcenell voting AYE Mayor ICabcenell - we will get out a summary of the proposed budget to all of the residents, and also hope to have a videotape made to inform residents of information in the proposed budget. April 2nd 1985 wil.l be the Reorganization Mceting at 8 p.m. Informational - we were not able to come to an agreement with the 'reamster-s Union in connection with the Department of Public Works. We are at an impasse and will move on to the Public Employees Relations Board for f.actfinding and see if we can resolve the issue. In the connection we will have an exscuCi.ve session on April 1si at 8 p.m. to discuss the personnel Lssucs. Meeting was adjourned at 11.15 p.m.