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HomeMy WebLinkAbout1983-05-05 - Board of Trustees Meeting Minutes SO.INT MEETING OF THE RYE TOWN BOARD AND THE RYE BROOK VILLAGE BOARD HELD ON MAY 5th, 1983, at 10 PEARL STREET, PORT CHESTER. Village Board Members Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris & Zak Attorney Kramer, and Clerk Smith. LEASE FOR OFFICE SPACE AT 10 PEARL STREET, PORT CHESTER Town Clerk Frances Nugent read the lease as follows. AGREEMENT, made effective June 1, 1983, by and between the Town of Rye (hereinafter referred to as "Town") , and the Village of Rye Brook (hereinafter referred to as "Village„ ) . The Town hereby leases to the Village the following areas in the building known as 10 Pearl Street, Port Chester, New York: The hrea commonly used by the Police Depart- ment which is 1833 square feet. The area commonly used by the Building De- partment which is 600 square feet. -- The parties acknowledge that: .. The total square footage of the building in- cluding the basement is 16,986 square feet; duJ The total square footage of the building excluding the basement is 12,028 square feet; and The average is 14,907 square feet. The rental shall be determined by the following for- mula: square footage used by the Village divided by 14,907 x the actual operating costs of the building [square foot used by Village x actual operating costs]. Said fraction 14,907 is hereinafter referred to as the "Village's proportionate share.” operating costs of the building shall be defined to include the custodial aa-1•ttrea, insurance, maintenance costs and the cost of utilities, including only.water, gas, oil and electricity. vi cue .tease, the Village shall pay rent, to the Town at the rate of Eight Hundred Eighty-Two , ($882.00) Dollars per month payable on the first of. each month. This rental figure is based upon budget estimates fbr 1983 that the operating costs of the building will be Sixty-Four Thousand Eight Hundred Eighty-Eight M4,888.00)D011ars. If the actual operating costs of the building exceed the budgeted amounts, the Village shall pay' to the Town its proportionate share of the excess expenses. This adjusted payment shall be made on January 31, 1984, a and June 30, 1984. If the budgeted amounts exceed the actual operating costs of the building, the Town shall refund the proportionate share of the difference to the Village Om January 31,1984, and June 30, 1984. Actual operating costs shall be certified by the Supervisor and subject to review by the Village Treasurer. The village shall carry ONE MILLION DOLLARS Liability Insurance . a The areas rented by the Village shall be used only for the departments currently using said areas. The Village accepts the premises"as is" and agrees to make no alterations without the written consent of the Town , The Village agrees that it will not be permitted to sublease the premises. The Town agrees to privide a reasonable number of parking spaces in its lot across from 10 Pearl Street. The Town further agrees to provide access to the premises at all times. This lease shall be in effect from June 1, 1983, to May 31, 1984. TOWN OF RYE By Anthony J. Posillipo, Supervisor VILLAGE OF RYE BROOK By Jack Xabcenell 89 The Village Board voted 5-0 agreeing to the concept, and with the understanding that the terms are substantially agreed to, subject to review by the Attorney General and comments from the general public. The Town Board voted 4-0 in agreement. MISCELLANEOUS REAL PROPERTY. . -_ A resolution that the Town of Rye does hereby convey to the Village of Rye Brook any and all interests in real property, choate and inchoate, located within the Village of Rye Brook, (except its interest in Crawford Park, the Town Garage and in bridges which may be owned by the Town), including, but not limited to, fee ownership, easements, rights of way, contingent remainders and covenants running with `- the land which the Town of Rye may have as either Grantor or Beneficiary, was introduced and the Village Board voted 5-0 agreeing to the concept, and with the understanding that the terms - - are substantially agreed to, subject to review by the Attorney General and comments from the general public. The Town Board voted 4-0 in agreement. PAYROLL COSTS RELATING TO EMPLOYEES. AGREEMENT, made effective June 1, 1903, by and between the Town of Rye (hereinafter referred to as "Town") , and the Village of Rye Brook (hereinafter referred to as "Village") . WHEREAS, certain employees of the Town of .Rye will be hired by the Village ofRyeBrook; and WHEREAS, the Village will hire such employees effective June 1, 1983. at 12.01 a.m.. NOW, THEREFORE, IT IS AGREED that the payroll and all payroll costs relating to the period of employment prior to June 1, 1983, including taxes, contribution to the retirement fund, worker's compensation, medical insurance and other sim- ilar benefits provided by the Town shall be the responsibility of the Town; and it is further AGREED that the payroll and all payroll costs relating - to the period of employment commencing June 1, 1983 and sub- sequent thereto including taxes, contribution to the retire- Ment fund, worker's compensation, medical insurance and other similar benefits for those employees who are hired by the Vil- lage shall be the responsibility of the Village which shall pay same. The Village Board voted 5-0 in agreement. The Town Board voted 4-0 in agreement. 90 POLICE SERVICES. AGREEMENT, made effective June 1st, 1983, by and between the Town of Rye (hereinafter referred to as "Town"), and the Village of Rye Brook (hereinafter referred to as "Village") . ' IT IS ACKNOWLEDGED that the Village wil.1 be assuming the performance of Police Services on .lune lot, 1983. IT IS AGREED that title to all property listed on Inventory being filed with the Clerks of the Town and the Village simultaneously herewith pursuant to a resolution of the Town Board, dated January 18th, 1983, shall become vested in the Village on June let, 1983. The Village shall be responsible for all liabilities relating to,said personal property and shall either refinance any loans with respect to the property or pay to the Town semi-annually on the 15th day of January and the 15th day of July, an amount equal to the actual cost to the Town of interest and principal charges for the debt. The Supervisor will certify the procedings, the amount of such interest and principal charges incurred for six (6) month calendar period, on or before the 5th day of ,January and July, of each calendar year, IT IS FURTHER ACKNOWLEDGED that the Village intends to make offers of transfer to employees of the Town of Rye Police Department, it being understood that such transfer shall constitute uninterrupted service and not a.resignation or retirement within the contract dated December 17th, 1982. The parties acknowledge that the employees may be entitled to credit for certain unused vacation time pursuant to the Police contract dated December 17th, 1982, which entitlements are listed on Schedule A annexed hereto. The Village agrees to accept responsibility. for the.contractual.-obligation_.for vacation time which may be owed to the individuals, other than the Chief of Police, who transfer to Village and become employees of the Village. V-,6 r<A THE TOWN ACKNOWLEDGES that it has certain contractual obligations to —F `a members of the police force and hereby agrees to continue payment of such obligations pursuant to said contract. THE TOWN REPRESENTS that the schedule of entitlements annexed hereto ns Schedule A,are true and consistent with the terms of the union contract. Any liabilities or obligations earned or accrued before Junelst, 1983, not listed on Schedule A shall be the responsibility of the Town which shall indemnify and hold the Village harmless from all claims made with respect to such liabilities. 91 Each member of the Town of Rye Police Department is entitled to five (5) personal q\ days, plus thirteen (13) hol ldays, as per PHA contract. The fallowing is a list of the days taken and the balance of days due: NAME DAYS ALLOWED DAYS TAKEN BALANCE SGT. ROBERT BARR 18 9 9 SGT. JOHN BELTRAMELLO 18 7 11 PTL. MARK BOTTALI 18 4 14 DET. ROBERT BRIGANTI 18 7 11 DET. JOHN CARLUCCI 18 4 _ 14 PTL. JOSEPH CICCONE 18 4 14 PTL. WILLIAM ESAINKO 18 10 8 PTL. FRANK GIORNO 18 - 7 11 PTL. JAMES HEIL 18 4 14 PTL. JAMES KING 18 8 10 PTL. EUGENE MATTHEWS 18 7 11 PTL. FRANK MATTURRO 18 8 10 PTL..DOMINICK MECCA 18 4 14 PTL. JAMES MITCHELL 18 7 11 PTL--PETER RAMUNDO 18 7 11 SGT., THEODORE, SABATO 18 10 8 SGT. ROBERT SANTORO 18 7 11 PTL. ROCCO SPIZZIRRI 18 9 9 PTL. WILLIAM YOUNGS 18 4 14 CHIEF FRANK GENDALIA 5 (Personal 0 5 Days ) Subject to review and approval-of the inventory lists, the Village Board voted 5-0 in agreement, and the Town Board voted 4-0 in agreement. HIGHWAY SERVICES. AGREEMENT, made effective June let, 1983, by and between the Town of Rye (hereinafter referred to as "Town"), and the Village of Rye Brook (hereinafter referred to as "Vi.11age"). IT IS ACKNOWLEDGED that the Village will be assuming the performance of .Highway Services on JAe Ist, 1983. IT. IS AGREED that title to all property listed on Inventory being filed with the Clerks of the Town and the Village simultaneously herewith pursuant to a resolution of the Town Board dated January 18th, 1983, shall become vested in the Village on June Ist, 1983. The Village shall be responsible .foriall liabilities relating to said personal property and shall either refinance any loans with respect to the property or pay to the Town semi-annually on the 15th day of January and the 15th day of July, an amount.equal to the actual cost to the Town of interest and principal chages for the debt. The Supervisor will certify the amount of such interest and principal charges incurred for the Preceding six (6) month calendar period nn or before the 5th day of January and duly of each calendar year. IT IS FURTHER ACKNOWLEDGED that the Village intends to make offers of transfer to employees of the Town of Rye Highway Department, it being understood that such transfer shall constitute uninterrupted service and not a resignation or retirement within the contract dated December 17th, 1982, between the Town and the International Brotherhood of Teamsters, Chauffeurs, Warehousement and Helpers of America and specifically Article VIII and IX thereof and not a retirement_ pursuant of Article X thereof. The parties acknowledge that the employees may have certain accumulated sick time and vacation time pursuant to the Highway contract with the Town of Rye dated December 17th, 1982, which . uLIL,�.piv i.� .. mit �;,L�d VII BC bu dl�i.' U .0��.n n• n ImLCLu. 1'Ile Vlilagc agrees Lo .. accept responsibility for the contractual obligation for accumulated sick time and vacation time owed to the individual who transfer to the Village and become employees of the Village. THE TOWN ACKNOWLEDGES that It Ims certain contractual obligations to retired members of the Highway Department and it herby agrees to continue payment of such obligations pursuant to said contract. THE T014N represents that the schedule of cli ttlements annexed hereto as Schedule A are true and consistent with the terms of the union contract. Any liabilities and entitlements accrued as of this date and not listed on Schedule A annexed hereto shall be the responsibility of the Town which shall pay same and indemnify and hold the Village harmless from all liabilities and entitle- ments not listed on Schedule hereof. SCW(' D VLe Entitlements — Hirhway Department Sick Days Vacation Days personal Days A.Cerone 170 (Max. ) 6 weeks 5 A. Losito 118 6 weeks 5' W. Corbo 76h 6 weeks 5 D. Hallengren 170 (Max. ) 6 weeks 5 J. Scar£one 98 5 weeks 5 P. McNeill 170 (Max. ) 5 weeks 5 D. Latella102 5 weeks 5 F. Albanese 100 5. weeks 5 M. Cominitti 27 3 weeks 5 P. Messina 30 3 weeks 5 H. Oerardi 11-re' 3 weeks 5 93 These calculations are based upon NO Vacation, NO Personal and NO Sick days being used during 1983. If they have been used during 1983, they must be deducted: The Village Board voted 5-0 in agreement. The Town Board voted 4-0 in agreement. BUILDING DEPARTMENT. AGREEMENT, made effective June 1st, 1983, by and between the Town of Rye (hereinafter referred to as "Town"), and the Village of Rye Brook (hereinafter referred to as "Village") . The parties acknowledge that the Building Department of the Village will become operational on June 1st, 1983. It is agreed that the items of personal property listed on ani inventory being filed with the Clerks of the Town and Village simultaneously herewith pursuant to a resolution of the Town Board dated January 18th, 1983,the enactment of this resolution shall become vested in the Village June 1st, 1983. - IT IS FURTHER AGREED that the Village shall be responsible for the liabilities and debts relating to the property being transferred hereunder and that the Village shall pay same by either refinancing the debt or by paying to -- the Town semi-annually on the 15th day of January and the 15th day of July an amount equal to the cost to the Town of interest and priLpal charges for the debt. The Supervisor will certify the amount of such interest and principal charges incurred for the preceding six (6) month calendar period on or before the 5th day of January and July of each calendar year. The Village Board voted 5-0 in agreement. The Town Board voted 4-0 in agreement. RECEIVER OF TAXES. AGREEMENT, made effective June 1, 1983, by and between the Town of Rye (hereinafter referred to as "Town") , and the Village of Rye Brook (hereinafter referred to as "Village") . WHEREAS, the Village desires to purchase from the Town the services of its Receiver of Taxes. NOW, TAREFORE, be it RESOLVED, that the Town shall collect taxes on behalf of the Village; and be it further RESOLVED, that the services to be rendered by the Town shall include the preparation and mailing of tax bills, extension of the tax roll, and the collection and deposit of tax revenues; and be it further RESOLVED, that the Town will collect Village taxes in two installments as may be provided by Village Law and that the Town Receiver of Taxes Will pay to the village the money received in a place to be designated by the Village within _ twenty-four (24) hours of the receipt of the money; and be it further ' RESOLVED, that the Village will pay to the Town as a fee for the services to be rendered hereunder a sum equal to one-half (lp) of one (1%) percent of the taxes collected. Said payments will be made by the Village to the Town on July 15 and May 15 of each year; and be it further RESOLVED, that the fee provided herein shall be payment for all expenses, except that the cost of printing of tax bills and postage shall be borne by the Village. and be it further RESOLVED that this contract shall be effective for the fiscal year of the Village, June 1, 1983 to May 31, 1984. The Village Board voted 5-0 in agreement. The Town Board voted 4-0 in agreement. RECREATION DEPARTMENTTransferof Provert AGREEMENT, made effective June 1st, 1983, by and between the Town of Rye (hereinafter referred to as "Town'), and the Village of Rye Brook (hereinafter referred to as "Village"). The parties acknowledge that the Recreation Department of the Village will become operational on June let, 1983. It is agreed that title to the .. fol.lowine real nrooerty shall he.transferra.d to the Villaee effective June 1983: Posiliipo Center, Garibaldi Park, Rye Hills Park, Elm Hill Park, Pine f1HNeR - Ridge Park, Richmead Park, Meadowlark Park, Magnolia Park and Harkness Park. IT IS FURTHER AGREED that the items of personal property listed on an inventory being filed with the Clerks of the Town and Village simultaneously herewith pursuant to a resolution of the Town Board dated January 18th, 1983, the enactment of this resolution shall become vested in the Village on June lst, 10,83. IT IS FURTHER AGREED that the Village shall be responsible for the liabilities and debts relating to the property being transferred hereunder and that the Village shall pay same by either refinancing the debt o{ by paying to the Town semi-annually on the 15th day of January and the 15th day of July an amount equal to the cost to the Town of interest and princiapl charges for the debt. The Supervisor will certify the amount of such interest and principal charges incurred for the preceding six (6) month calendar year on or before the 5th day of January and July of each calendar year. The Village Board voted 5-0 in agreement, and the Town Board voted 4-0 in agreement subject to the approval of the Attorney General. POLICING OF CRAWFORD PARK. AGREEMENT, made effective June 1, }983, by and between R the Town of aye (hereinafter referred to as "Town") , and the . Village of Rye Brook ('hereinafter referred to as "Village") . f _. The Village agrees that effective upon the Village estab- lishing its own Police force and effective upon that Police force becoming operational, the Village will patrol' Crawford Park and provide Police services as may be reasonably neces- sary for Crawford Park. In consideration for the Village supplying Police services for Crawford Park, the Town will pay to the Village the sum of $ , to be paid in equal monthly installments on the first of every month. This Agreement shall remain in effect until May 31, 1984. This was agreed in concept. The Village Board voted 5-0 in agreement. The Town Board voted 4-0 in agreement. TOWN GARAGE. AGREEMERr, made effective June 1, 1983, by and between the Town of Rye (hereinafter referred to as "Town'!) , and the Village of Rye Brook (hereinafter referred to as "Village" ) . IT IS AGREED that the current use of the 'town Garage for the storage of voting machines by the Town and -for the use of the Highway Department of the village shall be con- tinued. IT IS FURTHER AGREED that the Village shall maintain and operate the building known as the Town Garage. ' This Agreement shall remain in effect until May 31, 1984. The Village Board voted 5-0 in agreement. The Town Board voted 4-0 in agreement. SUMMER CAMP AT CRAWFORD PARK. ro e, WHEREAS, the Town of Rye Recreation Commission has reserved time at Crawford Park for a summer camp; and 96 WHEREAS, on May 3,. 1983, the Town of Rye Recreation Commission assigned that time to the Village of Rye Brook Recreation Commission. , NOW, THEREPO RE, BE IT RESOLVED, that the Village of Rye Brook Recreation Commission may use the premises known as Crawford Park for conducting a day camp for the residents of Rye Brook from July 5 until August 1983. - This motion was tabled. There was a discussion of recommendations made by the Rye Town Advisory Committee for the Transition. The meeting was adjourned at 11 p.m. REGULAR MEETING OF THE VILLAGE BOARD HELD ON MAY 24th, 1983 at the RIDGE STREET SCHOOL CAFETERIA AT 8 P.M. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak. Treasurer Brandy, Attorney Kramer, Clerk Smith. CORRESPONDENCE AND REPORTS. A letter from the Veteran's Central Committee of Port Chester advised that they had voted unanimously on May 23rd to change their name to Veterans' Central Committee of Port Chester, Rye Brook & Rye Town. They offered their services for any Veterans' or patriotic affairs. A letter from the American Legion Auxiliary, Unit 93 and the American Legion Post No. 93 requested permission to solicit donations for poppies during the month of May. On the motion of Trustee Nardi, seconded by Trustee Meiskin, RESOLVED that permission be granted to American Legion Post No. 93 and American Legion Auxiliary, Unit 93, to solicit donations for poppies during the month of May. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE MUNICIPAL AID. Mayor Kabcenell reported that at a Westchester Village Officials' meeting, information was passed out about the distribution of aid for 1983. On pursuing this, we found out that Rye Brook was not on the list of communities, and since we had not been on it before, we were allocated the minimum amount - $191. The Mayor has asked SenatorPisani and Assemplyman Perone to take up the matter, since the list was compiled in 1979 prior to our existence, and they are drafting legislation to correct this inequity for us and three other new Villages, and should it be passed, it is estimated that we should be receiving about $57,000. The Mayor thanked these gentlemen for their efforts on our behalf. PUBLIC HEARING RE CHAPSON CORPORATION. There was a report filed by the Planning Commission at the April 26thRegularMeeting of this Board for the rezoning of 510 Westchester Avenue to permit the openingofa restaurant. That had been supported by the Planning Commission 4-1. Mayor Kabcenell read into the record a dissenting report from the member of the Planning Nommission who chose to recommend against rezoning. Mayor Kabcenell invited the representative of the developer to make a presentation. Mr. Bruno Gioffre stated that it was unfortunate that the Planning Commission has seen fit to allow an extensive dissenting opinion to be read rather than the four who voted in favor, a decision which was not made as the result of a brief consideration. This::matter was first presented in June 1982 to the Town of Rye Planning Commission, then transferred to the Village of Rye Brook jurisdiction and many meetings have been held. The Planning Consultant, Mr. Weidle, had originally made comments to the Town, and one year later admitted that he did not remember the application, but that if he was against it then, he was against it now. However, he indicated that certain of the observations and considerations that were made and presented were valid and were possibly the basis for the decision arrived at by the Commission. The eloquence of the dissenting opinion has weight that it should not have, and Mr. Gioffre asked that after due deliberation, the Village Board ratify the decision of the Planning Commission. The property is presently an eyesore and has been for many years as to quality and use of property. There really should be not dispute, although it is zoned RF2, it is in a commercial zone due to practices of surrounding property. The area is in transition, it is no longer the home/professional use, there are multiple uses of properties in the area, non-conforming boarding house uses which is the case of the subject property, it is a four family house and the garage is rented out - for nefarious purposes. There are multi family, medical, legal and insurance, accounting, some two family house, some one family houses, a group home, and a parcel behind the gas station rezoned for Office Building use. R2F has other uses than 2 family - one of the permitted uses if a nursery for growing of trees and plants and selling of horticultural supplies and maintenance of buildings incidental thereto. The use as a country inn would be more beneficial although it requires a change of zoning. Mr. McCrory and Mr. Strum, the applicants, .are already in the restaurant business, residents of Rye Brook, propose to have a country inn without the late hours or raucous noise which might be attributed to any other kind of restaurant, and are willing to discuss deed restrictions to exclude fast food operations, and limitations to be placed with respect to hours of operation. In considerging the application one must consider the relationship of site to the neighborhood, there is a small shopping center, it is adjacent to a bank. Parking is more than adequate according to the present code, and the owner of the subject property owns the shopping center across the street and a revised drawing shows that provision for 28 spaces in that lot and 14 along the fence, can be redesigned to give 68 spaces and three truck loading spaces. The plan shows a sensible approach for ingress and egress of traffic and maximises use of the site. Chapson has agreed to stripe the lot in accordance with this plan. Problems would exist only at luchtime, a visit to the site would prove that there is ample parking in that lot in the evening. _ Mayor Kabcenell stated that the Planning' Commission has recommended rezoning, and opened the floor to questions. Mr. Logan, 34 Garibaldi Place, asked Mr. Gioffre if he had driven through the area at the time children were walking to school, and felt it would creat a dangerous traffic situation if the rezoning is approved. Bob Rosenberg, Boxwood Place, stated that in 15 years he had seen growth of quality business, and that people should have a restaurant if they want one. He would welcome it. Mrs. Logan, 34 Garibaldi Place, stated that she walks in that area and that when children are walking, trucks are delivering, and the stores and bank are open, it is very congested. Ken Heller, Lincoln Avenue, thought the restaurant is a good idea but raises a couple of problems. The County is doing a traffic study including that area, and the busiest period for both banks is lunch time - where will they put all the cars - thinks the timing is badaand there should be a moratorium until the traffic is solved. Tom Horan, Port Chester, asked that the site plan be referred to the Village of Port Chester so that it can be discussed jointly, to which Mayor Kabcenell agreed. Joseph Pellino, Chairman of the Rye Brook Traffic Commission, said he was not against the restaurant idea, the the end decision is the impact ori the residential area of South Ridge and Bowman where people have invested their life savings in residences, we owe them our best thinking regarding property values, there could be a domino effect which will attract commercial developers. Legally right doesn't make it morally correct. Mr. Tanzillo, Lincoln Avenue, not against it but thinks we should rectify traffic problems first. Steven Slavin, Edgewood Drive, there is a parking plan, the place looks shoddy, would be improved. Harriet Halsey - Are parking places to be reserved for restaurant use? Mr. Gioffre said No - but number of spaces was being doubled. Mr. Gioffre stated he was willing to use his services together with Rye Brook and Port Chester to work on the matter. We should consider how the Rye Brook/Port Chester line relates to each side - commercial and residential. We don't want a nursery, a non-conforming 4 family but a good country inn controlled with people .we trust and therefore ask that this application be approved. Ken Heller - Lincoln Avenue - if the Board votes favorably on this application, for a specific use, and should the developer be unable to fulfil its obligations, then the Board should make certain that the restrictions are such that a subsequent owner would be covered by them. --- The hearing was terminated with thanks from Mayor Kabcenell for all comments, stating that the Board would deliberate further and notification would be given so that all interested persons can be present at the next deliberation. Rezoning Application 51 S. Ridge Street. 4ayor Kabcenell read a letter dated May 12th from Frederick P.`C1ark Associates regarding Village Planning Consulting Services. FREDERICK P.CLARK ASSOCIATES,Consultants Frederick P.Clark(1909-1968) PlanninglDevelopment/EnvironnlenirTransporlation David J.Portman,AICP - Rye,New York and Southporl,Connecticut _ Frederick E. Wiedle.AICP 29 Locusl'Avenue Howard 1,Reynolds,P.E. Rye,New York 10560 (914)967.6540 May 12, 1983 Mayor Tack Kabcenell Village of Rye Brook 380 North Ridge Street Rye Brook, New York 10573 Subject: Village Planning Consulting Services Dear Mayor Kabcenell: As you will note from Nat Kramer's correspondence, the Planning Board would like me to conduct a bit of work for them regarding non-residential pro- fessional office use in existing homes in the Bowman-Ridge-Westchester triangle (item 2, South Ridge Street) . I would be pleased to do so but I think first that the matter of compensation for my time should be agreed upon. As I recall, this rezoning request was initiated by a Property owner. As such, following the longstanding policy established by the Rye Town Board and Planning Board the applicant should first agree in writing to the payment of reasonable consultant's fees as part of the application fee. The process, as established in the attached October 10, 1979 letter, calls for a fee-in-escrow. In the subject case I would think an amount of $600.Oo would be sufficient. This should cover the cost of preparing a short report with ' the necessary research, distribution of the report and its discussion while in attendance at a Planning Board meeting. You will note my discussion of this process in the third enclosure - my December 14, 1982 letter proposal to the Village Planning Board for pro- fessional planning and zoning consulting services during 19x3. . . As I am sure you are aware, we are proud of the longstanding and cordial consulting relationship•which we have enjoyed with the Town since the early 1950's. I personally hope that we may continue our services to the Village and therefore I do not want to move ahead with any commitment unless I am certain that the Village is in agreement. May I please have your response at your earliest convenience. Sincerely, - Frederick E;Wiedle FEW:aj cc: Herbert Adler, Planning Board Chairman Nathaniel D. Kramer In this connection Mayor Kabcenell said that the proposer is usually asked to pay the consultant fee and in order to move ahead on this request we will enter a request that the proposer pay the consultant. A member of the audience said he felt that since the petition was signed by the whole block, it was unfair to ask one person to pay the fee, a point the Mayor felt was well taken. Herb Adler, Chairman of the Planning Commission said they have found it useful to have a consultant, where there a change in legislation which requires drafting a-change, which involves reviewing the existing ordinance and conduct studies before making changes which will be in keeping with area needs. This application is economically motiviated by the contracted parties on one parcel, .and the Village should not have to bear the cost of the study. The procedure has been followed in the past and has worked. On the motion of Tr. Meiskin seconded by Tr. Zak, RESOLVED that the Village of Rye Brook request that the sum of $600.00 (six hundred dollars) by paid by the proposed proponent of the rezoning of 51 South Ridge Street to the Village of Rye Brook to pay for a study of the impact of the proposed rezoning, and BE IT FURTHER RESOLVED that upon receipt of the $600.00 payment Frederick P. Clarke Associates be authorised to study the impact of the proposed rezoning, and BE IT FURTHER RESOLVED that said sum shall be held in escrow until Frederick P. Clarke 'Associates has made its report and presented its findings. Mr. Logan, Garibaldi Place, felt we needed more homes not more business and is opposed to the rezoning. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 40NSIDERATION AND APPOINTMENT OF THF SEEQJAi ASSTSTAI TO THE MAYOR. I On the motion of Trustee Meiskin, seconded by Tr. Harris, RESOLVED that the position of Special Assistant to the Mayor is hereby created, -and BE IT FURTHER RESOLVED that the Board appoints George Morrow to be Special Assistant to the Mayor at the compensation of $25,000 per annum commencing June let 1983. Mayor Kabcenell reviewed Mr. Morrow's resume, and apologised that Mr. Morrow was not present but was fogged in on,:.a boat somewhere at sea. The position calls for him to run the Village office on a full time basis administratively, financially, and fulfilling all responsibilities to governmental entities in an orderly manner. Any fringe benefits will be consistent with Civil Service and it is not contemplated to provide transportation. The position is an exempt position. Mrs. Nelson asked why the public was not told that we were considering a Village Manager, Tr. Meiskin pointed out that it was provided for in the Budget and Mrs. Nelson had attended the Budget Hearing. He was happy to have voted in favor of Mr. Morrow who has vast experience with Westchester County and Municipal Law. Mrs. Sitner Xasked how we would evaluate his performance, Mayor Kabcenell thought a semi annual method could be established. Mrs. Halsey asked if the Budget called for a $22,000 salary, how come we were paying $25,000. Mayor Kabcenell said Mr. Morrow's ability and experience was worth it. � About 12 people applied, including 3 women, and 4 to 5 persons were interviewed, however, no one from Rye Brook was among the applicants. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE SUPERINTENDENT OF PARKS AND RECREATION COMMISSION. Mayor Kabcenell reviewed Mr. Hroncich's resume and on the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that Thomas Hroncich be appointed Superintendent of Parks and Recreation of the Village of Rye Brook at a salary of $20,000 per annum. Mrs. Halsey asked if this a full time position and his only position, answer yes. Did any Rye Brook residents apply, answer no. Sid Miller stated that by getting competent people, we strengthen programs, and this deals with our families and children, and he was glad that did not offer positions politically and that time and trouble was taken to hire the proper person. Trustee Meiskin.. voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE BUS SHELTER AT GENERAL FOODS/HILTON AREA. Mr. Fidelbus, the Town Engineer had met with Mr. & Mrs. Ruskay regarding the proposed bus shelter, and the proposed location which is unacceptable to them. The matter was referred to the Traffic Commission. HOSTING OF WESTCHESTER COUNTY VILLAGE OFFICIALS ASSOCIATION MEETING on December Mayor Kabcenell explained that the Association meets monthly to exchange ideas and information ori many common areas, and the members take turns in hosting the meeting. We have been requested•:to host the December 13 19$4 meeting, at a location to be determined. On the motion of Trustee Zak seconded by Trustee Harris, RESOLVED that the Village of Rye Brook shall host the, Westchester County Village Officials Association Meeting on December 13, 1984. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE REVIEW OF HIRING OF NEW EMPLOYEES. Mayor Kabcenell reported that the transfers have been activiated for employees of Police, Highway and Recreation Departments, as well as the Building Department, and A q-o on the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the employees be hired in accordance with the statement of Personnel -Policy which is on file with the Village Clerk. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE CONSIDERATION OF PURCHASE OF LAND BEHIND POSILLIPO CENTER. Mayor Kabcenell reported that the parcel of land is available at a cost of $6,000, and recommended that we . ask the Recreation Commission to consider possible utilisation and give the Board a recommendation so that it could proceed in an orderly manner. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED THAT the Village of Rye Brook enter into a contract to purchase the land behind Posillipo Center for the amount of $6,000. Trustee Harris suggested getting an option for 90 days. Trustee Meiskin said we have had many plans and options, the Board seemed to favor acquiring the land, here we have an opportunity to buy it for $6,000, we should buy it, we need it. Joseph Pellino felt Trustee Meiskin's reason was quite valid, but Trustee Harrists suggestion was more practical and would give the Recreation Commission time to consider the use. Resident Carlucci, 94 Grant Street, the land is at a dead end and would be detrimental to area residents if it is made into a parking lot, and they should not now be subjected to traffic flow. Mayor Kabcenell said the discussion was not on use, but on acquisition. Trustee Meiskin said whatever use was projected, the land was needed. It was proposed that the resolution be changed to acquire an option to purchase the land providing we do not lose the apportunity to purchase it. Mr. Logan said the land should be bought, and then have discussion on use. Trustee Zak called for the amendment to the resolution to be withdrawn, seconded by Trustee Meiskin. The vote was taken on the original resolution to purchase the land. Trustee Meiskin voting AYE Trustee Nardi voting NAY Trustee Harris voting NAY Trustee Zak voting AYE Mayor Kabcenell voting AYE The motion:was carried 3 - 2. AIRPORT LITIGATION. Trustee Meiskin asked residents to make notes of complaints on airport noise and curfew so that Ms. Kramer can use them in the lawsuit. APPLICATION FOR SITE PLAN APPROVAL - HIGH POINT. There is an application in connection with 82 acres zoned OB1 and the proposal by Hines Interests and they have asked that the Village be name as the lead agency for the Environmental Impact Statement. In this connection, on the motion of Trustee Nardi, seconded by Trustee Harris, WHEREAS, High Point Associates has applied to the Village Board of Trustees of the Village of Rye Brook for Site Plan approval in order to develop 200,000 square feet of 'office space on a parcel of property located southwest of the intersection of King Street and Lincoln Avenue and desig- nated on the Tax Map for the Village as Section 1, Block 3, Lot 1A-2, 1B-2 and 1-A-1-1; and WHEREAS, this application has been classified as a Type I Action pursuant to Section 617.12 of the Regulations adopted by the Commissioner of the State Department of Evironmental Conservation to implement Article 8 of the Environmental Conservation Law; and WHEREAS, in anticipation that an Environmental -- Impact Statement may be prepared in connection with this application, the Board of Trustees of the Village of Rye Brook requests coordinated review by involved agencies in accordance with Section 617.7 of said Regulations. NOW, THEREFORE, be it RESOLVED, that the Board of Trustees of the Village of Rye Brook, proposes to serve as Lead Agency for this applica- tion and authorizes circulation of a Notice of Designation of Lead Agency and a copy of the Environmental Assessment Form prepared by the applicant to all involved agencies. Morton A. Smith of North Ridge Street, reminded the Board that the owner of High Point Hospital, Dr. Gralnick, had over the years instituted certiorari proceedings against both the Town and the School District, as a result of which the residents had to pay back thousands of dollars of tax monies, which Dr. Gralnick had claimed was levied on land which was "useless". Now he wishes to develop this "useless" land into an office park and perhaps th negotiated price for the sale of the land should be the basis for the taxes and we should get back some of those certiorari dollars. He hoped that the Board would give long and hard consideration to this proposal. Responding to a question from Mrs. Halsey regarding the expense of the EIS, it was explained that' the developer pays all costs, even though the Village is designated as the Lead Agency. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE t@yor Kabcenell voting AYE LIBRARY COMMITTEE DISCUSSION. This item was tabled. CONSIDERATION OF OFFICE OF DEPUTY TREASURER. On the motion of Trustee Harris, seconded by Trustee Zak, RESOLVED that the Office of Deputy Treasurer of the Village of Rye Brook be and hereby is created, and FURTHER RESOLVED, that Barbara Goldstein be appointed Deputy Treasurer of the Village of Rye Brook to serve for the balance of this official year, without compensation, and FURTHER RESOLVED, that the Deputy Treasurer is empowered to sign checks in the absence of the Treasurer. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE INVESTMENT OF MONIES. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the Treasurer of the Village of Rye Brook is authorised to invest the monies of the Village of Rye Brook in an Investor's Choice account or other Money Market account. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE SUPERVISED HOUSING, This is not a group home concept but for one to four individuals to reside together with supervision, and we are requested by the County of Westchester to advise in which areas of Rye Brook this would be acceptable. The Board would be required to cooperate in providing building and fire inspections. They would be boarders, . and would be under the supervision of Family Services. It was decided to hold a Special Meeting on May 31st 1983 at 8 PM in the Ridge Street School Cafeteria to pass the necessary resolutions connection with the New York State Employees' Retirement System in connection with the June lst takeover of services. George Kundmueller of Avon Circle asked for an explanation of the Gross Receipts Tax — Mayor Kabcenell explained that this is a tax which can only be imposed by Cities and Villages, not Towns. REPORT ON GARBAGE TRANSFER STATION. _ we are involved in a process to see that we are adequately served by transfer stations. RYE TOWN PARK COMMISSION MEMBER. On the motionofTrustee Nardi, seconded by Trustee Zak, RESOLVED that Senator Pisani and Assemblyman-Perone introduce legislation tobe enacted that there be appointed a representative from the Village of Rye Brook to the Rye Town Park Commission, and that they move forward to enact the proper-legislation. 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 10.40 p.m.