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HomeMy WebLinkAbout1984-09-25 - Board of Trustees Meeting Minutes 034 MINUTES OF REGULAR MEETING HELD ON SEPTEMBER 25th, 1984 at 8 P.M. . AT THE VILLAGE OFFICE. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak, Attorney Kramer, Clerk Smith. APPROVAL OF MINUTES. Minutes of the meetings of August 10 and August 24 were approved as submitted. PUBLIC HEARINGS - SITE PLAN APPLICATION FOR DONALD ART PROPERTY. Mayor Kabcenell - A site plan had been delivered to the Planning Board, discussions were held by the Planning Board, they have voted on approving the site plan With certain caveats. It is now up to the Village Board to discuss and determine final approval or rejection. Morton Smith, Attorney for the applicant, Leon Silverman, Silverman Realty Associates, stated that the applicant had a contract to purchase the Donald Art Building and plan to model the existing building without increasing the square footage. They intend to make the property ' even more attractive by extensive use of land scaping. Their proposal, which is clearly within the existing zoning, is to utilise approximately 56,000 s.f. for office space, with the balance of approximately 14,000 s.f. as warehouseandstorage and other permitted uses. Based on a ratio of one parking space for each 300 s.f. of office space plus one space for each projected tenant, our plan calls for 203 parking spaces. The ratio of 1:300 is provided for by the zoning code and is the same ratio that is utilized by every office building in the Village, and is indeed a national standard. We have submitted a site plan, copies of which you have. It was ` submitted to the Planning Board, and after two public meetings, the Planning Board approved the site plan with certain modifications to which we do not object. The Planning Board, after its first meeting, requested us to submit three additional reports - 1. The Board wanted to know how many parking spaces are available on the present site. The architect reported that the site could presently accommodate comfortably 150 spaces - by count there are 113 striped spaces now. 2. The Planning Board wanted to know what plans we had to handle drainage and run-off from the proposed parking areas - Doll Rotfeld prepared a written report stating that the run-off would be accommodated be storm sewer lines connected to existing main lines on Bowman Avenue. 3. The Planning Board also requested a landscaping plan .which was submitted and you have a copy. The site plan shows that the top of the parking area would not be visible from Ridge Street because of its lower elevation. The proposed landscaping will further reinforce that situation. Approval by this Board shouldresult in three immediate substantial benefits to our Village. 1. A more attractive site will result from our efforts. 2. There will be a required reassessment because more office space will be utiliterq - this will increase tax revenues to both the Village and School District 4. 3. The present use by large trucks which we see parked there overnight will be eliminated and 18 wheelers going in and out via Bowman Avenue will be eliminated. A traffic impact report was submitted on June 15, 1982 which was predicated on a full 70,000 s.f. of office space. The report 034%a was prepared by J. Harris, a division of PRC Engineering of Stamford. In a conversion to 70,000 s.f. of office space, they anticipated between 240 and 280 parking spaces. We are seeking 203. The report's covering Letter states "our findings indicate that the change will have minimum impact on the adjacent street system and can be satisfactorily accommodated." The report itself states "the net increase in traffic activity from the site, however, would be 60 vehicles in the morning peak period and 53 in the afternoon." The report further states that "we anticipate that the Ridge Street/ i Bowman Avenue intersection would continue to function at level of service 'C'." The traffic impact of 240-280 cars would be minimal therefore by force of logic, 203 would likewise have a minimal impact. Further, the traffic study done two years ago did not consider widening of Bowman Avenue and we have been advised that the County intends to widen Bowman so that any impact would be further reduced. Mr. Smith introduced Mr. Barnum, the architect for the project, who made a visual presentation. He prefaced it by stating that the building was consMmt.eA in two different stages, 1965 and 1968, and the two are quite different in their scale. Trustee Meiskin — there could be a problem with cars making a left turn, like the shopping center. Mayor Kabcenell — the Planning Board recommended that Frederick P. Clark Associates come up with a traffic plan, we will ask the developer for an escrow payment to cover the cost. Mr. Barnum said that they had agreed that they would be glad to accommodate whatever recommendations were forthcoming from the li Clark organization. Mayor Kabcenell — It will be part and parcel of the approval — traffic flow in and out of the site. It is expected that Bowman Avenue will be widened in the Spring and there will be a third lane on Bowman, going to Ridge Street from the lower entrances of the Rye Ridge Shopping Center, a new turning lane and signalization at the Ridge/Bowman intersection with pedestrian crossing buttons. The contract will be let by the County in January and I have every reason to believe it will be implemented in the Spring. Harriet Halsey said that at a meeting of the Planning Board, Mr. Silverman, the-developer said that if the Village offices did not go in, he would not ask for this additional parking. Mayor Kabcenell stated that the additional parking is a requirement of the zoning ordinance, and that the parking she referred to was a parking area between the building and Bowman Avenue, which would be created in place of a grassy area which would have to levelled out to create the entrance to the proposed area for Village use, and that this was not part of the site plan. On the motion of Trustee Nardi, seconded by Trustee Harris, _ BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook declare itself Lead Agency in the Site Plan application on behalf of the Donald Art Building. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 0346 On the motion of Trustee Mefskin, seconded by Trustee Harris, BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook accept the Environmental Assessment Form as presented in connection the Site Plan application on behalf of the Donald Art Building, indicating that there is no significant environmental impact. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell - The proposalbefore the Board is the approval of this site plan, and the caveats in it are the requirement that the developer conform to a traffic plan developed by Frederick P. Clark Associates and acceptable to this Board. This will have to be approved before a Certificate of Occupancy can be issued. Also, the developer will be asked to place $2,500.00 (Twothousandfivehundred dollars) in escrow for payment of the fee for the study by Frederick P. Clark Associates. On the motion of Trustee Meiskin, seconded by Trustee Harris, RESOLVED that the site plan submitted by Ridge Bowman Associates ` dated July 17, 1984, prepared by William Milo Barnum Associates as amended August 9, 1984, is approved and FURTHER RESOLVED that the 56,105 square feet of the existing 70,000 square feet of the building be devoted to uses permitted by the Village Zoning Code, including office space, and that the remaining 13,895 square feet of basement space be utilized for storage or services incidental to the operation or maintenance of the building, and FURTHER RESOLVED that this resolution is conditioned upon the compliance by the applicant with a traffic flow pattern adopted by this Board. To this end the Board appoints Frederick P. Clark Associates to prepare a traffic flow study to be submitted to the Village for adoption in whole or part; that the applicant shall comply with its obligations under the traffic flow study, prior to issuance of the Certificate of Occupancy, and FURTHER RESOLVED that the applicant shall bear the entire cost of the traffic flow study by Frederick P. Clark Associates and to this end shall make an initial deposit of $29500 (Two thousand five hundred dollars) in escrow with the Village Clerk. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PUBLIC HEARINGS - PARKING REGULATIONS ON PRIVATE PROPERTY Mayor Kabcenell - this relates to requests we had from the schools, shopping centers, some of the residential developments - the Arbors and Avon Circle - to have enforcement of parking regulations done by the Village. That cannot be done at this time, because there is no ordinance that permits it to happen. A resolution was introduced by Trustee Harris, seconded by Trustee Zak, and there was some discussion. 'trustee Nardi said a call from District 4 said their main concern was student parking in teacher spaces, and the Police might have some difficulty in enforcing all duly enacted parking requirements of the school district. Mayor Kabcenell - this should cover No Parking areas, and even if the Principal parks there, he gets a ticket. 034'7 Trustve Meiskin - para 7 states "on request of owner. .", there was a discussion suggesting that it be changed that should the Fire Inspector deem fire lanes necessary, he will so designate them with the concurrence of the Village Board. On the motion of Trustee Meiskin, seconded by Trustee Harris, RESOLVED that the Resolution on Parking in Private Areas be adjourned until the next meeting. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE ---- Trustee Zak voting AYE Mayor Kabcenell voting AYE PUBLIC HEARING = PROHIBITED PARKING ON LATONIA ROAD. Mayor Kabcenell - The Traffic Commission has studied the problem of parkicg on Latonia Road, near Pine Ridge Park, specially when there is a ball game, and has made its recommendations. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that Section 61-15 shall be amended to add the following language: A. (8) -Parking shall be prohibited on the east side of Latonia Road from Pine Ridge Road to Mohegan Lane. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE I THIS AMENDMENT TO BE FILED AS LOCAL LAW No. 27-84. COMMUNICATIONS. Mayor Kabcenell read a citation from the American Automobile Association awarded to the Village for not having any pedestrian fatalities for the past two years. Mayor Kabcenell read a letter from Mrs. Lina Accurso commending Pat McNeill of the Highway Department for help given when her car was disabled, the commendation would be placed in his personnel file. Mayor Kabcenell read the fallowing proclamation, which will be sent to the Port Chester-Rye Brook League for Retarded Citizens with our heartfelt thanks for all the magnificent work they are doing in this sorely needed and very difficult area. WHEREAS, the Village of Rye Brook is proud of the outstanding contributions the Port Chester-Rye Brook League for Retarded Citizens has provided our dependent young people for many years, and WHEREAS, the Port Chester-Rye Brook League for Retarded Citizens workstoimprove the quality of life for our communities special young adults and their families, and 0346 WHEREAS, the Village of Rye Brook Is grateful for the distinctive learning program this organization provides; NOW BE IT KNOWN to all present that Saturday, October 13, 1984, is.to be known In Rye Brook as the Port Chester-Rye Brook League for Retarded Citizens Day. REPORTS AND DISCUSSIONS - SAFE HOMEPROGRAM. Mayor Kabcenell read a letter from Supervisor Gioffre dated September 6th, stating that he would like to move quickly on such a program and requests the cooperation of the Police Chief and the Board of Trustees, and the Mayor. Mayor Kabcenell said he had spent some considerable time on this and had been In touch with other communities to get their reading on such a program. Chief Gendalla said that the policy are limited In making background check+ on people volunteering homes for this project. It would only show if there is a criminal record - if someone felt that ahomeowner was a problem, how would this be dealt with - there is a problem as to whether we would have the authorization to deny them the right to be one of these homes because we think they are in some way suspicious. We would be arbitrarily deciding who is a good citizen and who isn't a good citizen. 1 This could be used as a mechanism to get into a house, and could raise a problom for the owner. Rather than designate a safe home - use public buildings, such as restaurants, supermarkets - anywhere there are people. What If a child encountered a problem in a safe home while he was there? Trustee Meiskin - Supervisor Gioffre asks for comments, we should pass them on and let him move in any direction he wishes at this point. Trustee Nardi - flow many communities are using this"! Chief Gendalia - Out of 40 or so, only 7. Resident Sarkozi - The Youth Council discussed this three years ago - it was dropped then - it wasn't practical. We should discuss the possible problem areas with the Village Attorney and develop more information so that we can make suggestions to the residents. REPORT AND DISCUSSIONS - WATER RATE INCREASE. Trustee Harris made the following report - 0349 September 25,1984 Memorandum re Rate Case 28911 The New York-American Water Company, Inc. has announced that a request for rate increases of 15.3% amounting to - $ 834,000 was filed with the New York State Public Service Commission on August 29th. The company supplies water to ' about 10,400 customers. For the year 1983, its total revenue, in round figures, was $ 5,000,000 the water usage having been distributed as follows: Port Chester 43% City of Rye 35% Rye Brook 220/ The Rye Neck section of Rye Town, as an aside, is not involved as it is supplied by the Westchester Joint Water Works. The rate increase request is based on a future period. In this case, the company has estimated its cost increases for the so-called "rate year" 8/l/85 to 7/31/86. The projections involve labor expenses, taxes, and interest rates as they would pertain to financing and construction requirements. Also uncertain is the 'cost of treated water it buys from Connecticut-American Water Company which itself has filed for higher rates in a case now pending before the Connecticut DPUC. Another uncertainty is the degree of hoped-for success of the company's leak detection program. At present, in 1984, lost and unaccounted-for water is expected to average 24% which amounts to approx. l'k million gallons per day. The company recently predicted that by the end of 1987, unaccounted-for water will be only 21% of system delivery. The response of our communities begins with statements in opposition by elected public officials but the above list of complexities clearly indicates the need for experienced counsel and expert witnesses who are familiar with every detail of such proceedings. I have spoken to the Senior Evaluation Engineer on the Water Division staff of the Public Service Commission, and their process of examination and review has already begun. Further, I learned that November 28th, is being set as the date for cross-examination of the company. To be effective, our representatives need time to review the filing and to formulate requests for data from the company, and for the company to develop the information in response. Time is short. 0 3 It seems prudent,and I recommend, that we continue to retain the firm of Seham, Klein and Zelman who are rate specialists. They have successfuly represented our communities in the past and have developed, the testimony of experts on our behalf in a number of areas, among them rate of return on investment and lost or unaccounted-for water. This information wa,-/used In the most recent rate case just concluded this Summer. It was developed at not-inconsiderable expense; we might hope that its usefulness is not impaired and that it might offer an area of some savings this time around. Last year's retainer amounted to an agreed-upon maximum or "cap" of $ 40,000 including expert fees and expensesof over $ 20,000. In the past, the fees incurred were distributed between the City of Rye and the Town of Rye on the basis of water usage. It is my recommendation that the fees should continue to be distributed on the basis of water usage, except that now all billing should go directly to the three communities. Mayor Kabcenell - heretofore the Town of Rye paid on behalf of Port Chester and Rye Brook. One of the built in inequities in the system, as Mr. Harris has pointed out, whereas water usage in Port Chester is 43% compared to our 22%, the Town split the cost between the two areas. What Mr. Harris is suggesting is that the Villages of Port Chester and Rye Brook should be paying these costs directly, based on water usage. Trustee Nardi - it would seem that Rye Town's involvement is a redundacy. ( Mayor Kabcenell summarized the Board's feelings - 1. We agree to continuance of the attorneys (Trustee Nardi suggested that the retainer be with the Villages and not the Town, but this point was tabled) 2. We .submit to the Town and the other communities that we feel the Villages should be directly involved, not the Town. 3. In any future agreement, there should be reconsideration of costs related to water usage. Trustee Meiskin - we should move forward so that the attorneys can get started and then we can continue negotiating with the Town and the Village of Port Chester to get a fairer distribution. On the motion of Trustee Harris, seconded by Trustee Meiskin, RESOLVED that the Mayor be authorized to sign the agreement to retain the firm of Seham, Klein and Zelman, in connection with Water Rate Increase Case No. 28911. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell - it is also the sense of the Board that we communicate with the various parties, these other thoughts. George Morrow was requested to put a letter together expressing these thoughts. . .0351 REPORTS AND DISCUSSIONS — NEW VETERAN EXEMPTION. Mayor Kabcenell — this is to do with the new Veterans Exemption Law 'passed by the State of New York. Since we must formally act on this, I am requesting that a public hearing be held on Monday, October 1st, simply to formalize any decisions we have, and it has been duly advertised. The subject of this is the Veterans Real Property Tax Exemption, Chapter 525 of the Laws of 1984. Basically what the law calls for is an increased Veterans Exemption of real estate taxes. It increases it 1) in size, the amount or percentage of exemption allowed, mandated really, and 2) it brings the veterans of the Vietnam at into consideration where they were -- not. The problem arises because we must take action 90 days before our tax status date January 1st, therefore we must make a decision If we do not want to grant this exemption. If we do nothing, the exemption is automatic. If we move not to take it, we must do it by October 2nd. If we do not take it, we can elect to take it next year, however, if we do take it now, we are in for ten years. George Morrow explained that the law provides a ten year real. property tax exemption of 15% of Assessed Valuation to veterans who served during wartime. It provides an additional 10%, ten year to veterans who served in a combat zone, and an additional permanent exemption to disabled veterans equal to 50% of their disability rating. There are presently 418 veterans with tax exemptions in Rye Brook, and they can continue them or opt for the percentage. The fiscal implication is that the State Board of Equalization and Assessment ------' estimates that this bill will cost local governments approximately 45 million dollars in lost taxes. Mayor Kabcenell — the impact obviously is to transfer tax obligations from veterans to non—veterans, because the budget does not change. The following letter was read into the record, from the Veterans' , Central Committee of the Town of Ryc/Port. Choster/Rye Brook. September 24, 1964 Mayor Kabcenell and the Rye Brook Board 111 South Ridge Street _ Rye Brook, NY 10573 Gentleman: At the last meeting of the Veterans' Central Committee I was instructed to send this letter to the Village of Rye Brook re- garding the new state law granting property assessment exemptions for Vietnam War Veterans. Rye Brook has scheduled a hearing to determine if the board would call a public hearing to decide if the community would opt out of the new war veterans home exemptions. All other war veterans have received reductions in their property assessments. It would be a slap in the face to the Vietnam War Veterans if their home community denied them what all other veterans have previously been granted. It would only make them again feel that they served their country and are not appre- ciated as were the veterans of World War I , World War II and the Korean War. Remember, those who are eligible did not run away to Canada to escape serving their country. Rye Town has always been a patriotic community. We know that Nye Brook will carry on this important tradition. Please honor our Vietnam War Veterans and grant them what all other war veterans have received. Do not opt out of the new state law. Sincerely yours, Bernard B. Abel Lt. Colonel USAF (Ret. ) Secretary 0352 Mayor Kabcenell - the State Law did not add the Vietnam veterans to the existing law, they changed the whole package. Those who now have exemptions can choose either, or. A decision has to made - increase the exemption for some, and increase the taxes for others. The Westchester County Village Officials Associations has recommended that the villages opt out, refuse to accept this law, certainly for this first year, with an opportunity to reevaluate its effect and see how we can deal with it effectively and what its impact is. Trustee Nardi - I don't think we have enough information at this point to make a value judgement of the impact on the rest of the community, and I think we want to be very careful before we lay. this on the rest of the community. Mayor Kabcenell - this does not apply to school taxes. I would suggest that we maintain the public hearing, on October lst, to provide anyone else. with an opportunity to discuss it. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that a Public Hearing be held at the Village Office on ' October 1st 1984 at 7.30 p.m. to consider the proposed new Veterans Exemption Law. :Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE "Trustee Zak voting AYE Mayor Kabcenell voting AYE r RESOLUTIONS. i Performance Bond - Carlucci Sanitation. On the motion of Trustee Harris, seconded by Trustee Meiskin, BE IT RESOLVED that the Village of Rye Brook accept in lieu of the $60,000 escrow account, a performance bond in the amount of $500,000 from Carlucci. Sanitation, and BE IT FURTHER RESOLVED that when Bond No. B116102 extending for the duration of the contract, is accepted by the Village Attorney, the Village Treasurer be authorized to release the funds in the Sanitation Escrow Account to Carlucci Sanitation. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Snow Removal Contracts. On the motion of Trustee Zak, seconded by Trustee Harris, BE IT RESOLVED that the Mayor be authorized to sign the contract between the County of Westchester and the. Village of Rye Brook for snow removal on State and County roads. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 0 353 Approval of Treasurer's Check Register. RESOLVED that the Treasurer's issuance of checks # 1755-2077, and checks No. 1020-1090, in payment of Village bills and accounts, be approved. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE ---- MAYOR'S REPORT ON VILLAGE FACILITIES. As you know, we have been engaged for the last year in the search for facilities, where all the activities of the Village can take place in a single place, thus improving levels of efficiency, coverage and supervision of all departments. We started out in the Ridge Street School and tried to get enough space there, none was available. In this building, with all of its drawbacks, no space is available, but we have less than one year remaining on our present lease, and no guarantee that it can be renewed. We have tried to negotiate with the City of Rye for the land on Bowman Avenue, we have given consideration to the land we have now on King Street, but those would be long range projects, maybe three or four years from now. We now have an offer from the new owners of Donald Art, to rent a sufficient size facility to house all of the Village departments. The offer that has -been presented will be for up to 7500 s.f. of space, with a separate entrance and parking particularly for police cars allocated. This lease would be for 8 years, the first 5 years of the lease will be at $50,000 p.a. , a rent significantly less than we are paying here and at Pearl Street, a rate that compares with the going rentalin similar facilities would be about $22—$24 - per foot. It will also not increase for five years. - In addition, we will be able to sign a lease as of November 1984, move in shortly thereafter, we will not have to start paying rent until June 1st, 1985. Another option offered to us is that if we vacate the premises within the first three years, the landlord will repay to us an amount of $32,500, half of the estimated cost of construction. The landlord will provide separate heating units — so that the police department can function 24 hours today, and evening meetings will not be a problem. So we will have separate heating and aircond}tioning units. The space will be limited from the rest of the building, there will be an entrance directly in from Bowman Avenue. The rental will be on an as is basis, with interior work to be done by us. After the first five years, the rental would increase for the next three years to $80,000 p.a., following that any agreement would have to be made at that time. We have not drawn a contract or a lease, but this offer has been made to us, and there is in my estimation, no way we will be able find anything comparable, certainly not in the next Eive, years. The only additional cost will be electricity. Normally there is a separate operating expense cost and a separate tax expense cost, all of these are being waived. There is a commitment from the owners that they will not withdraw the offer for thirty days. The offer is dated today, I would suggest that we put it off to the next Agenda Meeting so that we have a chance to study it a little further, and then act on it at that time. There is a question of law here, whether for our Village Use, we have to rezone that section of the building, therefore I would like to schedule a public hearing for the next Agenda Meeting on October 9th. ,035 4 PUBLIC HEARINGS - ROYAL EXECUTIVE PARK & RYE BROOK OFFICE PARK. The hearings were adjourned until tonight, but we do not have all the information necessary, therefore, for good cause, On the motion of Trustee Zak seconded by Trustee Harris, RESOLVED that the public hearing for site plan approval for Royal Executive Park, Phase 1B be adjourned until October 9th, 1984. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Barris voting AYE - Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that the public hearing for site plan approval for Rye Brook Office Park be adjourned until October 9, 1984, Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE WASHINGTON PARK PLAZA PARKING RECONFIGURATION. Mayor Kabcenell - we have been holding money in escrow to make sure that the restriping and extension of the parking area at the shopping center be completed on time. Building Inspector Fidelibus reports that the work has been completed, and we have a request for the return of the escrow. On the motion of Trustee Harris, seconded by Trustee Meiskin, RESOLVED that $60,000 plus interest earned, being held in Account No. 83-491477 at the Bank of New York, Rye Ridge Branch, be returned to Washington Park Plaza Associates. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PUBLIC HEARING (Continuation) ON LOCAL LAWS (1-42) Local Law 28-84 Addition to the Zoning Ordinance of the Village f Rye Brook, Site Plan Review and Approval. On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that Local Law No. 2B-84, copy of which is on file in the Village Office be adopted. 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 Harris, seconded by Trustee Nardi, RESOLVED that the Public Hearing on the adoption of Local Laws be adjourned to October 9, 1984. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE i f I4 pow�w` _ d✓rw I ko Ca 201 s `� 7 Al o 0355 CABLE TV REPORT — TRUSTEE ZAK. Trustee Zak reported that the Rye Town Board passed a resolution turning over the Cable TV Franchise over to Rye Brook, and that a letter has been sent to UA Columbia requesting their concurrence on the transfer. Once they are in agreement, the State Cable Commission will effect the transfer. - On the motion of Trustee Zak, secondedby Trustee Harris. it was suggested that a letter be written to the Rye Town Board asking that they oppose the rate increase presently requested by UA Columbia. Trustee Nardi suggested that we should ask that no consideration be given to the raise in Cable TV rates until the franchise is transferred. Attorney Kramer felt that UA Columbia would not be as cooperative in the transfer. Trustee Zak withdrew his motion. On the motion of Trustee Harris, seconded by Trustee Meiskin, RESOLVED that no consideration be given to the raise in Cable TV rates until the transfer of the franchise has been effected. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Trustee Zak further reported that he had received and studied Bill HR4103 by Congressman Ottinger. There are two points in the bill that seem to be undesireable — 1. The CATV companies would be permitted to increase their rates 5% each year for a period of four years after the bill is passed, and 2. Four years after enactment, the bill would deregulate the cable franchises from control by either state or local authorities, provided there is effective competition. Since there is only one franchise granted in the community, there would be no competition. On the motion of Trustee Zak, seconded by Trustee Nardi, RESOLVED that a letter be sent to Congressman Ottinger requesting that he withdraw his support for Bill HE 4103. 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 11.25 pm. i l 0356 SPECIAL MEETING HELD ON OCTOBER 1st, 1984 BY THE BOARD OF TRUSTEES TO CONSIDER THE PROPOSED VETERANS TAX EXEMPTION. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak, Attorney Kramer, Clerk Smith. Mayor Kabcenell — this refers to Chapter 525 of the Laws of 1984, and concerns a ten—year exemption from real estate taxes for Vietnam Veterans. After considerable discussion, the consensus of opinion was that there had been too little time to find out the actual impact of such an exemption, and it was suggested that a letter be sent to the Legislature suggesting the rewriting of the State law which is fairer statewide, since this only gives consideration to the Vietnam Veteran if he is a property owner, and with more consideration to the variances in property assessments statewide. Mayor Kabcenell — I think it would be proper at this time to make a very clear statement that the reason we have opted out at this time is because we think this law is unfair to the community and to the Vets, we should pressure the State Legislature to come up with a more appropriate law , starting at the beginning of the next session. Letters should go to our State representatives as well as the Legislature. On the motion of Trustee Nardi, Seconded by Trustee Meiskin, RESOLVED that no exemption from real property taxes shall be granted pursuant to section 458—a of the Real Property Tax Law - for the Vietnam Veterans for purposes of real property taxes levied for the Village of Rye Brook. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE The meeting adjourned at 9.30 pm - i r