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HomeMy WebLinkAbout1983-05-31 - Board of Trustees Meeting Minutes 1016 MINUTES OF THE SPECIAL MEETING HELD MAY 31st, 1983 .at 8 PM IN THE RIDGE STREET SCHOOL CAFETERIA, 380 NORTH RIDGE STREET, RYE BROOK, NEW YORK. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak, Attorney Kramer,_ Treasurer Braudy, Clerk Smith. Tha Mayor opened the meeting by stating that it was called to deal with a few issues which could not be left until June 1st or later, regarding retirement benefits for employees being transferred, and ' On the motion of Trustee Zak, seconded by Trustee Harris, BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook does hereby elect to provide the additional pension benefits of Section 375e of the Policemen's and Firemen's Retirement Law, as presently or hereafter amended, and entitled "guaranteed retirement benefits for employees of participating employers"; and BE IT FURTHER RESOLVED that this election shall become effective with the payroll period beginning on the first day of June 1983. BE IT RESOLVED THAT THE Board of Trustees of the Village of Rye Brook does hereby elect to provide the Career Retirement Plan of Section 375g of the Retirement and Social Security Law as presently or hereafter amended, for employees of participating employers, and BE IT FURTHER RESOLVED that this election shall become effective with the payroll period beginning on the first day of June 1983. BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook does hereby elect to provide the benefits of Section 375i of the Retirement and Social Security Law as presently or hereafter amended, and BE IT FURTHER RESOLVED that this election shall become effective with the payroll period beginning on the first day of June 1983. BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook does hereby elect to pay on account of any member of its Police Department who has duly elected or shall hereafter duly elect to contribute the additional amount required for the purpose of retiring after twenty years of service as provided by Section 384-d of the Retirement and Social Security Law or any subsequent amendments thereto, the entire additional cost on account - of the police or fire service rendered by such officer or member of the Police Department prior to the date of the adoption of this resolution, and further agrees to pay the entire additional cost on account of police service rendered by such officer or member of the Police Department on or after June 1, 1983. BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook does hereby elect, as provided in Section 302, Sub-division - Nine (d) of the Retirement and Social Security Law as presently or hereafter amended, to grant as one year final average salary for eligible employees, and BE IT FURTHER RESOLVED that this election shall become effective with the payroll period beginning on the first day of June 1983. _ BE IT RESOLVED that the Board of Trustees of the Village .of Rye Brook does hereby elect to come under the provisions of Section 375c of Article 8 o the Retirement and Social Law commencing with the payroll period beginning on the first day of June 1983. BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook does hereby elect to pay on account of any member of its Police Department who has duly elected, or shall hereafter duly elect, to contribute the additional ' amount required for the purpose of retiring after twenty- five years of service as provided by Section 384 of the Retirement and Social Security Law or any subsequent amendments thereto, the entire additional cost on account of the police or fire service rendered by such officer or member of the Police Department, and further agrees to pay the entire additional cost on account of police and fire service rendered by such officer or member of the Police and Fire Department on or after June 1st, 1983, Attorney. Kramer stated that the above resolutions. are all required by the Police Contract, and that prior years' service will count. Trustee Meiskin voting AYE Trustee Nardi voting AYE - Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE For employees other than- Police, there are different resolutions required by the New York State Employees Retirement System. On the motion of Trustee Zak, seconded by Trustee Nardi, RESOLVED that the Board of Trustees of the Village of Rye _... Brook of the State of New York elects to participate as an employer in the New York State Employees' Retirement . System and approves of the inclusion of its officers and employees in such System, in accordance with any and all of the laws governing such participation as set forth in the Retirement and Social Security Law, as presently or hereafter amended, together with any administrative rule, regulation or directive governing same, including. full time allowancerfor prior service as permitted therein. RESOLVED that the Board of Trustees of the Village of Rye Brook does hereby elect to provide the additional pension benefits of Section 75-e as presently or hereafter amended, and entitled "guaranteed retirement benefits for employees of participating employers", and BE IT FURTHER RESOLVED that this election shall become effective with the payroll period beginning on June first 1983. BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook does hereby elect to provide the Career Retirement Plan of Section 75-g of the Retirement and Social Security Law as presently or hereafter amended, for employees of participating employers, and BE IT FURTHER RESOLVED that this election shall become effective with the payroll period beginning on the first day of June 1983. BE IT RESOLVED that the Board.of Trustees of the Village of Rye Brook does hereby elect to provide the benefits of Section 7S-i of the Retirement and Social Security Law as presently or hereafter amended; and BE IT FURTHER RESOLVED that this election shall become effective with the payroll period beginning on the first day of June 1983. 108 Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Barris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE BE IT RESOLVED that in the event the Town of_ Rye is presently covered by the provisions of Chapter 1006 of the Laws of 1966, the Village Board of the Village of Rye Brook does hereby elect to come under the provisions of Chapter _ 1006 of the Laws of 1966, as presently or hereafter amended, and entitled "An act to amend the Retirement and Social Security Law, in relation to establishing non- contributory retirement plans and ordinary death benefits for state employees and members of participating employers, and BE IT FURTHER RESOLVED that the member's contributions in the employ of the above shall be suspended and that the effective date of such suspension shall be the payroll period for which the suspension began in the Town of Rye. A motion was made by 'trustee Zak, seconded by Trustee Harris on the above resolution. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE CORRESPONDENCE. Mayor Kabcenell read the following letter from the Port Chester Water Works. May 25, 1983 Mayor Jack L. Kabcenell Village of Rye Brook 380 North Ridge Street Rye Brook, New York 10573 Dear Mayor Kabcenell: Westchester Joint Water Works- (WJWW) has .given us the opportunity, to have studies they have undertaken, expanded j to include all Port Chester Water Works (PCWW) water supply requirements. The additional costs to WJWW to expand the studies is $9,000. The WJWW Board of Trustees has authorized the expansion subject to the ,following conditions: ' 1. That a resolution be furnished to the WJWW Board of Trustees by each municipality served -by PCWW indicating its concurrence that these studies should be made and the cost thereof be . borne by PCWW. 2. That PCWW provide satisfactory assurance to WJWW that it will reimburse WJWW the additional cost of the studies in installments as incurred by WJWW and/or as requested by WJWW. We have advised WJWW of our desire to have the studies expanded and have also informed them that we will reimburse them for the associated cost. With respect to the first condition, we need the village's help and we respectfully request that the Board of Trustees consider and adopt a resolution, as requested by WJWW, relative to this matter. Please let us know when this resolution will be considered so we can be available to answer any questions which may arise. Thank you for your help and cooperation. Very truly yours, - MP:cs Maurice Posey / Manager cc: Jane Saffir Smith Village Clerk The Board requested further information be obtained by the Clerk in this matter, and the Mayor said if there is some urgency, and they will be available on the 14th of June, at the Agenda Meeting, he said he could see no reason why we could not deal with it. 51 SOUTH RIDGE STREET. Attorney Kramer stated we have received a letter from Dominick Pierre asking us to act in the matter of the requested amendment to the Zoning Ordinance with respect - to 51 S. Ridge Street, where we had asked that an amount of $600 be paid for a study. Mrs. Lagano, the owner of the property is asking us to act as rapidly as possible, but since there are several other petitioners who are not present, the Mayor suggested that the matter be placed on the agenda of the next regular meeting, so that they could be .duly notified, and in the absence of payment of the $600 fee we could not proceed. However, Trustee Nardi suggested that since the property had been under contract since December, pending the amendment approval, it had become quite a hardship for the Laganos. It was agreed that it be placed on the agenda for the Agenda Meeting on June 14th, and the clerk was instructed to notify the other petitioners accordingly. TREASURER'S DEPARTMENT. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED THAT intra-bank transfers from oneaccountto another can be made with one signature of the Mayor, Deputy Mayor, Treasurer or Deputy Treasurer, or by telephone followed by written confirmation. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Nardi, seconded by Trustee Zak, it was unanimously agreed to move into Executive Session at 8.40 PM. AGENDA MEETING HELD .JUNE: 14th 1983 at the VILLAGE OFFICE, 380 NORTH RiDG1: STREET, RYE BROOK, NEW YORK AT 8 P.M. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak, Attorney Kramer, Treasurer Brandy, Clerk Smith. REZONING APPLICA'T'ION 51 S. RIDGE STREET. Mayor Kabcenell brought the audience up to date on the _ matter of the application to rezone 51 S. Ridge Street and the need to do further evaluation. Clark Associates would do the necessary study for an amount of $600.00, and consistent with policy, those costs are to be borne by the proposer. At the last meeting, nobody wished to comply with the request for payment, and because of owner hardship, this item was scheduled for tonight's mooting to avoid another two week's delay. Dominick Pierre, attorney for the owner of the property, stated that a contract of sale was entered into in Dc Ccudler 1982, but had no idea the process would take six months. The Bowman Avenue rezoning had worked well, and he thought the applicati.on was a reasonable request. The process started in .January and although the Laganos could not pay, the Rifkins said they will pay a reasonable cost. Dr. Rifkin stated that he wouldpay half. Mayor Kabcenoll said there has been delay and it is our intention that there be further delay. A letter of recommendation from Clark for a study covered not only South Ridge Street but the entire- triangle bordered by Westchester Avenue, Bowman Avenue and South Ridge Street, and Mr. Pierro thought the Board should have funds available for such studies, since it is not a General _ Foods or major developer, and it would be beneficial to the Village- to find out what it is all about - not really for one person to pay. ']'here was an amount of $20,000 budgeted for consultation -and planning, and therefore the Village should assume this payment. Mayor Kabcenell said there had been meetings with the County 'traffic Department and that the County has made some tentative plans to correct problems in the area, and are -. making some proposals and will call for significant correction to the traffic. Ire felt that we would be ill served .in making any changes until we have had some response to. this matter, lie shared the opinion that this is a Village matter and would prefer to see a re-evaluation of the Master Plan in the entire area before we take any action on this matter, and in no way should we make changes on individual properties. In response to Trustee Nardi's question on timing, Mayor Kabcenell felt it would three to four months, and if Bowman should possibly widened, longer. The County has been on notice since 1973 in this matter, and in fact had a 10th anniversary party. Trustee Nardi felt that in view of the fact that major review and analysis is necessary before anything is done, we should deny; the petition, subject to reconsideration after the study is completed. It was agreed that the cost of the consultant to reconsider the Master Plan would be the responsibility of tine Village. Mayor Kabcenell said the application would be kept current so that the petition can be activated at a later date. On the motion of 'Trustee Nardi , seconded by 'Trustee Zak, RESOLVED that the petition for rezoning of 51 S. Ridge Street be denied based on our consideration of the need for completion of ongoing studies for the entire triangle area. Mrs. Rifkin asked that the matter be placed nu hold, rather than be denied,, since .It has taken so many months, however Mayor Kabcenell felt the owners of the property should be freed from any legal obligation. Ile saw no advantage to the Board to leave it on the docket, that we would be willing to accept all the documentation when the re-application is - made, and it can be picked up at that time. Trustee Meiskin voting AYE Trustee Nardi voting AYE. Trustee Harris voting AYIi ' Trustee Zak voting AYI? Mayor Kabcenell voting; AY1! Mrs.. Rifkin asked if the Restaurant application of Chapson - .was being acted upon also, Mayor Kabcenell said that we were acting only on the St S.Ridge Street application at an Agenda Meeting to help out the property owner, and would take no action on the rostaurantapplication since no one was present in connection with that application. PORT CHESTER WATER WORKS. Mayor Kabcenell said that at the last Board Meeting, he had read a letter from the Water Company, whose Manager, Mr. Maurice Posey is present tonight, requesting that we furnish a resolution that we concur that certain studies be made regarding expansion of water supplies. Mr. Posey explained that there are two studies, one involving High Service and Intermediate Service demands within the Westchester Joint Water Works (WJWW) system and the other deals with Rye Lake Pump Station modernization. Ile indicated that they are presently receiving about 1 MGD of their supply requirements from WJWW and are interested in increasing this to a total of 3 MGD as quickly as possible. Additional connections with WJWW will occur in the. High and Intermediate Service parts of their system. Therefore, it is very important that their requirements be included and considered in the study presently underway. He also explained that participating in an existing study vs. undertaking a new separate study is much more cost effective. The Mayor asked if the $9,000 cost would ultimately be reflected in the rates our customers pay, and Mr. Posey explained that the Public Service Commission had included this cost in its decision in the last rate case. Trustee Zak expressed concern that we not find ourselves committed to a costly construction program at this time. Mr. Posey explained that the purpose of the study is to identify the facilities 'needed to enable us to receive additional water from WJWW and the cost associated with those facilities. They are in no way committed to construction of facilities which may be recommended in the studies. Port Chester .had passed the requested resolution the night before,, and Rye City had also passed it. _ On the motion of 'trustee Harris, seconded by Trustee Nardi , RESOLVED, that the Board of Trustees of the Village - . of Rye Brook concur that- studies to be made by the Westchester Joint Water Works, involving high Service and Intermediate Service demands with the WJWW system and also modernisation of the Rye lake Pump Station, be expanded to include all Port Chester Water Works water supply requirements, and the cost thereof to be borne by PCWW. Trustee Meiskin voting AYE Trustee Nardi voting AYE 'Trustee Harris voting AYE _ Trustee Zak voting AYE - Mayor Kabcenell voting AYE - VILLAGE SEAL. Mayor Kabcenell explained that a Village Seal is traditionally used for stationery and equipment, and we had several very good designs submitted for which lie expressed his thanks. The designsubmittedby Bernard Klem has been cAelected. On the motion of Trustee Zak, seconded by Trustee Nardi, RESOLVED that the Board of Trustees accept the seal design submitted by Bernhard K1em, and that the design be adopted as the Rye Brook Village Seal. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE DESIGNATION OF SIGNATORIES RESOLUTION. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the following persons are designated as signatories for Bank accounts of the Village of Rye Brook; Jack Kabcenell, Mayor, or, when he is not available, Stan Zak, Deputy Mayor, and Sidney M. Brandy, Treasurer, or when lie is not available, Barbara Goldstein, Deputy Treasurer, and FURTHER RESOLVED that for amounts not to exceed $10,000, only one signature is required, and FURTHER RESOLVED that for amounts in excess of $10,000, a combination of two signatures will be required, and FURTHER RESOLVED that intra-bank transfers from one account to another can be made by telephone by any one of the signatories, followed by written confirmation the the Bank. Trustee Meiskin voting AYE - Trustee Nardi voting AYE Trustee Harris voting AYE - Trustee Zak voting AYE Mayor Kabcenell voting AYE The Clerk advised that Board that invitations had been extended to them to attend graduation exercises at Blind Brook and Port Chester High Schools. Trustee Zak reported that lie had attended a meeting of the Recreation and Parks Commission and that there is dire need for a lawnmower. There is a 40" Gravely avilable at $2350, and the supplier has only one left. Trustee Nardi felt that the price could not be improved upon. Trustee Meiskin asked if it was budgeted, Trustee Harris said it was not a capital outlay. Mayor Kabcenell said if Attorney Kramer was comfortable with the process, it could be dealt with administratively. AGENDA FOR June 28th REGULAR MEETING. Notify the proponents for the zoning change for the restaurant - Chapson Corporation - that it will be on the agenda. . Report on Tax Collection. Mr. Braudy thought that-the bulk of the taxes would be received after the meeting on June 28th, and it would be better to report at the July meeting. Refinancing of Bond Anticipation Notes. Foster Care Program - Mr. Muller of the Department of Social Services. Site Plan Approval - Appian Estates Attorney Kramer stated that the Town of Rye hasrequested a joint meeting with us concerning The Atrium.- and thinks it would be proper for them to attend our meeting and have the joint meeting either before or after ours. This issue of whether the Soil Conservation Law has been complied with - ,Felix Fidelibus would have to study the _ report and we would have to take a vote. Trustee Meiskin stated that as he understood it, that was a Rye Town Council action and at this particular time he would like to discuss what our relationship is and first find out what our responsibilities are in connection with an agreement that was reached with another municipal body. Attorney Kramer explained that the lawsuit with the Town of Rye involved a referral back to the Town of Rye for compliance with the Soil Conservation Act. The Town of Rye no longer has any employees or the expertise to make that judgement and they are also concerned that they are acting beyond their jurisdiction as to the limited question of compliance with the Soil Conservation Act. As to continuing with the lawsuit, the EIS, the site plan approval, all the other items that specifically referred and existed before we came into being, they intend to continue, but there was a questionasto whether they have jurisdiction to act now after we took over the services. Trustee Meiskin asked how we would come into the question of compliance with an agreement the Town made - he didn't think we should get involved in an agreement that we did not make, He suggested that the joint session would not be in the best interests of resolving whether they have complied with something that was agreed to before this Board came on line. It might be better handled . - administratively,. for informational purposes only on our part as to how it affects us. Mayor Kabcenell questioned who would decide if they have ' complied. Felix Fidelibus said the Town Engineer is designated as the representative of the Town toseethat compliance has been made. Mayor Kabcenell said he understood from that, that it would have been Mr. Fidelibus's responsibility if ]le had still been with the Town. Mr. Fidelibus asked if they remembered that at the, one of the last meetings of the Town Board, they said they would follow this through to its conclusion, and would not make it part of Rye Brook's requirements, and- said that is the reason why he is still working with the Atrium engineers and the Soil Conservation people to get this compliance. The Mayor said that since Felix is .doing it, has been doing _ it and intends to finish it this, what exactly is it that the Town wants. Attorney Kramer said they do not feel they have the right to make judgement as to compliance on this point. Trustee Nardi asked if his understanding is correct that the purpose of .this meeting is to iron out somefinal compliance? Attorney Kramer suggested that Felix Fidelibus continue as consultant to the Town for this matter, to make recommendations to the Town, but Lt Trustee Meiskin wanted to be sure that we would t be part of the agreement, but will cooperate and provide information. Trustee Nardi also question the agreement with the Town to provide police service to the Atrium, and questioned -whether the Village is being reimbursed now - Attorney Kramer said she understood that we were. The Town Board in December 1981� passed .a resolution requiring theAtriumto comply with certain other requirements Traffic Island at King Street and ArborDriveTraffic signal Planting of 70 trees as part of landscaping, which Mr. Fidelibus is still working on. Trustee Harris asked if Mr. Fidelibus could tell us anything about the installation of the playground equipment at Pine Ridge Park. He reported that this was now complete, and that the Highway Department was , involved in it. Mayor Kabcenell expressed his thanks to them. - Trustee Harris asked if any progess had been made on the acquisition of the Garibaldi land, and the Mayor said it is going through channels. Trustee Harris suggested a review of the situation with respect to the Ambulance Corns. Mayor Kabcenell said there was a complaint from an Arbors resident about the placement of a shed on school property, that some of the retention basin had been filled in, and that he had gone over there with Walter Lippman, of the Planning Board, and asked Felix Fidelibus to look into the matter. Ile said lie had made the manager of the Arbors a violation notice, and he had responded that they were cleaning it up, they had a back hoe and were working, and complying with our requirements. They have an issue coming before the School Board, they have part of the shed on school property and the school has been charging them rent for it, and thereissome question as to whether the school can really do that. There was a request from Mr. $ Mrs. Elko of Terrace Court if anything had been done about complaints re trash, dog problems, pooper-scooper law, and possibly a cat- leashing law.. The Mayor asked Trustee Zak to have a report on the status of the leash law. Trustee Meiskin asked if we could perhaps reactivate the Village Historical Society - the Village is going to be one year old. We should write to the volunteers and see if we can something started. We should ask for a more detailed report about plans for Rye Brook Day on July 2nd. Trustee Meiskin suggested that we get an update from the Rye Brook Council of the Arts to see what is happening. Mayor Kabcenell said that now that we have an active recreation department which is also including other activities than just sports - Trustee Harris said the brochure mentions sports, arts, and entertainment and there does not seem to be any further further function for a separate Arts Committee, perhaps we should discintue it. Attorney Kramer said that it should be done by resolution. SALES TAXES. Attorney Kramer said there is a law proposed for the County to increase sales taxes, and Port Chester has requested that any additional tax collected should be distributed back to the communities on a per capita basis, rather than an Assessed Valuation basis. She thinks we should take a position that the taxes are basically collected on Assessed Valuation and and would request that they be returned on the same basis and would be opposed to the amendment requested by Port Chester. The Mayor suggested that Attorney Kramer send a letter on behalf of the Board to Senator Pisani.. Trustee Meiskin asked if we could get an update on the purchase of State land at Posillipo Center. The meeting was adjourned at 9.25.