Loading...
HomeMy WebLinkAbout1982-10-12 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK, NEW YORK. OCTOBER 12, 1982. A Special Meeting of the Board of Trustees was held in the Village Rooms on October 12, 1982, and was called to order at 8 pm by Mayor Kabcenell. PRESENT: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris and Zak. It was moved by Trustee Nardi, seconded by Trustee Zak to adopt the following resolution: WHEREAS the appointment of Georgia Kramer to be Village Attorney of the Village of Rye Brook has been proposed by Honorable Jack Kabcenell subject to the approval of the Board of Trustees, NOW THEREFORE IS IS RESOLVED that that the appointment of Georgia Kramer as Village Attorney of the Village of Rye Brook is hereby approved and that the Village Attorney shall serve at an annual salary of $10,000.00 to be paid in equal monthly installments. The term is for one year. Tr. Meiskin voting AYE Tr. Nardi voting AYE Tr. Harris voting AYE Tr. Zak voting AYE Mayor Kabcenell voting AYE The resolution was declared adopted. Trustee Harris made a statement regarding the Open Meetings Law, as follows: I wish to clarify a comment I made at this Board's first meeting, September 29, 1982, as to having re&eived copies of the Open Meeting Law from several sources. -� Ms. Barbara Sitner delivered to each of us a photocopy consisting of 13 pages with footnotes, references and amendments. The law originally took effect in 1977 and was last amended in 1979. I had another copy of the Open Meeting Law, simply marked "effective October 1, 1979", complete in four pages, which is the one I read. I have apologized to Ms. Sitner for seemingly impugning her credibility, and she has graciously accepted my apology. The copy she gave us was certainly current, up-to-date and in force. I mistakenly created a different impression. Thank you for letting me set the record straight. The Special Meeting was adjourned at 8.30 pm by Mayor Kabcenell. 1 Minutes of the re uler monthly meetino of the Village Board o the Vlllage of Rye Brook, held October 26th 1982 etPoe I I I 1po Center a pm. Present: Mayor Kabcenell, Trustees Melskln, Nardi , Harris and Zak. Recording Secretary! Jane Saffir Smith, Village Clerk. The meeting was called to order at 8 pm by Mayor Jack Kabcenell . A motion Oise made by Trustee Zak, seconded by Trustee Melskln, j and unanimously adopted that the minutes of the September 'It9th Regular meeting, and the October 12th Special meetings as submitted by the Village Clerk be approved. TALCOTT WOODS HOMEOWNERS ASSOCIATION. The request from the aseoclat on, held over from the September 29th meeting, to close the upper end of Talcott Road where It enters Mohegan Lane, was reintroduced. Lettere from Donald Brown, Highway 8uperintendent, Frank Gendalla, Town Poilce Chief, and Neils R. Hansen, Port Cheater Fire Chief, all recommending that the road be left open, were read. Mayor read an opinion from the Village Attorney - The vehicle and traffic law confers on the village the authority to regulate traffic, however, that authority is limited by stae and Tw Lawttogetherr, I tneppearesection thatOtheand authority to of the regulate trafficn Includes the authority to limit access to highways by certain commercial or overweight vehicles, but does not Include authority tp exclude ordine ry pa seenger cars and traffic from use of the highways or streets. Therefore the proposal to close Talcott Road and make It a dead end street to beyond the authority of the Village Board. This Generallnion datediJunen3rdmed by 1966, ancopynofnof whichhIssAttorney annexed. ZIP CODE. Regarding the confusion caused by a letter which was distributed to residents of Rye Brook from the Postmaster of Port Chester, Mayor Kabcenell stated that the Postmaster Indicated that it was not his Intention to mean that Rye Brook, N.V. 10573 was not an appropriate address. It Is Important that the zip code be Included so that there will be orderly delivery of the mall . The confusion came when a zip code was missing and poeyoffices In other areas added the -zip code of Ray Brook, since Rye Brook was not Included in the printing of the 1983 Zip Code Directory. The regional poet offices and being advised via the regular bulletin that we exist and whet the zip code Is. Postmaster Ritch will also try to establish a separate zip code for Rye Brook, but that In the meantime, anything that gets to the Poet Office In Port Chester will be delivered. On July 2nd 1962, a statement was published In the Daily Item that Rye Brook was an adequate malling address as long as It contained the zip code. COMMUNICATIONS. Mayor Kabsenell read Into the record a letter from Assemblyman John Perone stating that he has drafted legislation to be Introduced In the Senate by Senator Pisan 1 , and by himself In the Assembly. October 19, 1982 n �d Honorable Jack Kabcenell 5 Old Oak Road Rye Brook, NY 10573 Dear Mayor: In order to provide the newly incorporated Village of Rye Brook with its fair share of State revenue sharing funds, I have drafted legislation to be introduced by Senator Pisani, in the Senate and by me in the Assembly if the Legislative leaders call a Special Session later this year. Although the agenda for any such Special Session is preset by the Legislative leaders, I will attempt to in- .troduce an amendment to any appropriation bill that is placed on the Assembly floor. However, if there is no Special Session or if the agenda prevents in- troduction of any legislation, T plan to sponsor an amendment to next year's Local Assistances Budget so that the Village of Rye Brook can receive 1983-84 State revenue sharing funds and additional funding j for 1982-83. Therefore, while I cannot guarantee the Village of Rye Brook will re- ceive revenue sharing funds this year becausa of the uncertainty of the scheduling of a Special Session, I do plan to insure that the Village of Rye Brook does receive its fair share of the revenue sharing funds in 1983-84 State budget. This year's revenue sharing to localities was based on 1970 Census population data. There is apparently some discrepency on the popula- tion figures estimated by the Village of Rye Brook and those calculated at the New York State Board of Equalization and Assessment. The enclosed draft of my legislation would appropriate up to a max- imum of $65,000 for a complete year to the Village of Rye Brook. This amount is estimated on a population of 8,300 currently aided at $7.75 per capita. This amount would be readjusted to reflect the portion of the year the Village of Rye Brook has been in existence. It is important, therefore, to establish correct pop- ulation figures verifiable by th Board of Equalization and Assess- ment. If I or my office can be of any further assistance, please do not hesitate to contact me. Very truly yours, Joh ,M. Perone STA ASSEMBLYMAN DRAFT 2-39-24-1187 MS:C40:M63/P35 10/13/82 Notwithstanding the provisions of section fifty-four of OCT D 198' the state finance law, the amount payable to a municipality incorporated during the state fiscal year commencing April first, nineteen hundred eighty-two, for the per capita contribution for the support of local government during such fiscal year shall be the amount that would have been payable to such municipality if it had been included in such per capita aid program for the state fiscal year commencing April first, nineteen hundred eighty-one reduced by multiplying such amount by a fraction, the _ numerator of which is the number of days in the state fiscal year nineteen hundred eighty-two during which such municipality was not incorporated and the denominator of which is three hundred sixty-five days. Such amount shall be payable to such municipality together with the first payment such municipality shall receive under such program during the state fiscal year commencing April first, nineteen hundred eighty-three. Notwithstanding any other provision of law, the appropriation made herein for the amount payable to such a municipality, or so much thereof as may be necessary, for the par . capita contribution for the support of local government shall remain in effect until March thirty-first, nineteen hundred eighty-five .. . . .. ...... .. .... .. ........ . . . .. . ... .. . . .. .. .. . . .65,000 Congressman Richard Ottinger sent the Village a flag with the following letter This is to certify that the accompanying flag was flown over the Capital on October lot, 1982 at the request of the Mon. Richard L. Ottinger, Member of Congress. This flag was flown for the Village of Rye. Brook." Mayor Kabcenell expressed his thanks to Congressman Ottinger for his kindness. The flag Is being framed. -A letter was read from Superintendent of Highways Donald Brown thanking Trustee Stan Zak and Mike Troy for completing the yearly check on the Town Highway radios as required by the F.C.C. at no charge to the Town. A letter was read inviting the Mayor and Board of Trustees to the annual Veteran's Day Memorial Services on November 11th, 1982 from the Veteran's Central Committee of Port Chester. NEW BUSINESS. PLANNING BOARD ANDZONINGBOARD OF APPEALS. It has been es ab e e a e age oafs the only legislative body In this area, and we must have a Planning Board and Zoning board of Appeals, as well as other advisory boards, i.e. Architectural Board of Review. The Mayor asked that residents submit names and resumes to the Village Clerk for consideration. The law states that the Zoning board shall have five members and that the term of office shall be five years. The decision of the Board will make the appointments and will appoint the most qualified and capable people available. Hopefully this might be done at the Agenda Meeting scheduled for November 15th, or at a Special Meeting to be called, If necessary. Trustee Meiskln stated that we have such a wealth of volunteers, a Planning Advisory Committee to the Planning Board should be considered. _ Mrs. Viola Nelson stated she understood that there was a possibility that the existing Town Boards will be taken over, and hoped that in view of the General Foods building, we should have some fresh new faces. Mayor Kabcenell stated that there Is a statutory relationship which has not been observed heretofore, that calla for Involvement -of an Architectural Board of Review, alongwith the Planning board; and we would look to Implement that, so that there would be more specific Information available. Mrs. Harriet Halsey felt that gust because an applicant is not a professional (engineer etc. ) that person should not be excluded, people who are Involved in the community should be considered. VILLAGE OFFICE LEASE. This Is a lease with the Blind brook Board of Education, and in general terms relates to the use of the former media center at the Ridge Street School , which has a separate entrance. It Is a month to month lease 0 4350.00 per month Including custodial services and utilities, and we will try to conform to the needs of custodial and security services. We will occupaying during the hours school is In session, the hours may be extended, but we must leave by 10 pm. A motion was made by Trustee Nardi , seconded by Trustee Harris, WHEREAS the Board of Trustees has reviewed a proposed lease with the Blind Brook Union Free School District, a copy of which is annexed hereto, NOW THEREFORE IT IS RESOLVED that the Village of Rye Brook agrees to enter Into said lease and authorlses the Mayor to execute said lease. Trustee Melskln voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE ------- ..nf inn AVF_ SOIL d WATER CONSERVATION DISTRICT. R A motion was made by Trustee Melskin, seconded by Trustee Zak, WHEREAS a request has been received from the Soil and Water Conservation District that we Join said district, a copy of which request is annexed hereto, NOW THEREFORE IT IS RESOLVED that the Village of Rye Brook agrees to participate in the Soil and Water Conservation District, and that the .Mayor Is hereby authorised to perform all acts necessary to become a member of the Soil and Water Conservation District. Trustee Melskin voting AYE Trustee Nardl voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PUBLIC OFFICIALS LIABILITY INSURANCE. Ordered that the newly appointed v lage off cera be included In this coverage, Which covers all officials and employees of the Town.. The names of the Mayor and Trustees were placed on the policy earlier. SIGNATURES. A resolution to authorize signatures for payments on behalfiof the Village was deferred, so that further discussion could take place between the attorney and the treasurer regarding the use of an auditor. SIGNS AT ENTRIES TO VILLAGE. Highway Superintendent Donald Brown reported hat ten signs will cost approximately 4800. On the motion of Trustee Zak, seconded by Trustee Melskin, RESOLVED that an amount .not to exceed $850.00 be authorized for purchase of signs for placement at points of entry to - - the Village of Rye Brook. Trustee Melskin voting AYE - Trustee Nardi voting AYE Trustee Harris voting AYE- , Trustee Zak voting AYE Mayor Kabcenell voting AYE TREASURER'S REPORT. 'Phe village of Rye Brook came into being in July of this year. As required by law the Town of Rye has continued to provide services (police, fire protection, sanitation, highway, recreation etc. to Rye Brook from its incorporation in July and will continue to do so until the end of 1982. Oayment for the cost of these services in being made by the Town our-of the taxes previously ontiaata billed to Rye Brook property owners in April. 1982. Phe Town of Rye is now prepartintr its budget for the full 1983 calendar year and as required by law, that budget will include the cost of rendering police protection, fire protection, sanitation, recreation and the other services to the Village of Rye Brook for the full calendar year of 1983. Phe tax levy forthesecosts will be billed to the Rye Brook property owners in April 1983, similarly to whAt was done in 1982 and prior years. As of June 1 1983, Rye Town will pay over to Rye Brook the funds applicable to the remaining months of 1983, i.e. July through December. Rye Brook will prepare its own budget for its first full fiscal year which will run from 6/1/83 to 5 31/84. The tax levy will give effect to the funds received 671/83 by Rye Brook from the Town of Rye, (i.e. money already collected from the Rye Brook property owners in April 1983 covering the full calendar year 1983)• In effect the financing of the operations of the Village of Rye Brook up to June 1, 1983 will be done as part of the Town of Rye. I do not see any need for Rye Brook to borrow money, other than temporary advances from the Town of Rye, which will be paid back from tax collections in April 1983. Rye Brook as the village has received to date, bills totalling $10,061. The amount covers costs in connection with the August 23rd election ($7,455) services of the temporary village clerk ($2600) telephone charges ($a82), supplies (:$324), U.S. Mail permit (W). Those bill.^, are being audited by the village's Board of Trustees as required by law. Phere was some discussion as to how and when taxes will be collected,' and Mayor Kabcenell stated that there certain legals requirements regarding collection of taxes andthey would try to make as equitable` as possible for everyone within that framework, An invitations has been received to joirythe Westchester County Village Officials Association, which deals with issues that are common to all Villages and have some impact to put forward programs and exchange information. On the Motion of Mario Nardi, seconded by Jules Harris RESOLVED that the Village of Rye 3rook agrees to join the Westchester County Village Officials Association and that the sum of $300.00 be paid for our membership dues. Prustee Meiskin voting AYE Trustee Nardi voting AYE Prustee Harris voting, AYE Mayor Kabcenell voting AYE Trustee Sak voting AYE VOLUNPEER COMI-IIT:CEES. Financial Advisory Committee. Gene Strum reported that several members had met for preliminary budget discussions. Bernard Abel felt that these Committee meetings should be open _ to the public, Trustee Meiskin advised that they are not official committees, but simply advisory boards of private citizens, some of whom might get together to research information. Meetings have taken place on the train to New York or in someonds living room on an impromptu basis, and any reports made to the Village Board would be made public. Mayor Kabcenell stated thnt it would be unrealistic to expect everyone who is asked a question or get information, to do it in a public forum. It isnot an attempt at secrecy, just practicality. Rebreation Committee. Trustees Meiskin and Zak shared information the Lown of-T e Recreation on Rye Town Program and the proposed Village of Rye Brook program. Co�rpo_rate Relations Committee. Trustee Harris reported that this committee is being formed for the unique purpose of establishing and nurturing an effective and positive relationship between Village of Rye Brook associations and institutions and the corporations residing within the community. Beneficial to the coporatbns would be positive public relations and making Rye Brook an attractive place to work, in turn we would look to them for donations and support for worthwhile programs and projects which will increase the quality of life in the village. A charter is being drafted. Trustee Zak met with Mr. Rich regarding formation of another water district. Hearings are coming up. _ Village Seal. Mayor Kabcenell asked for designs to be submitted for consideration. Village Attorney says it is discretionary, we do not have to have a seal. Nei..hborhood Watch Service. To help combat vandalism and anti-social ac'tivities �--Po1ice--CHiefZ7endalia is getting information together and will make a presentation to the Board. Trustee Zak advised that Ed Lorch of the Rye Brook Youth Council wants to get involved in the project. 'Prustee Harris suggested it be named Civilian Observation Patrol - COP. On the motion of Jules Harris seconded by 'trustee Nardi, - RESOLVED that the Village of Rye Brook is pleased to acknowledge the birth of its two newest residents, Nicholas Peter Ciccone and Rachel Lynn Fehr, and to extend heartiest congratulations to their parents. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE H A discussion regarding a proposed elicopter Ordinance and safety factor problems, was held. A member of the Legal Committee has drafted a proposed resolution. On the motion of Trustee Zak seconded by Trustee Harris, RESOLVED that a Public Hearing lie held on November 23rd, 1982 in connection with an ordinance regarding helicopter landings in the Village of Rye Brook and that the clerk be authorised to 1-blish the .necessary notices. Prustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Rules for Procedures for Board Meetings. A draft has been distributed to the members of the Board. Discussion wavpostponed on this matter. An action was taken at the Town Joard meeting regarding Washington Park Plaza at which members of the Village Board were present and concurred that it was an administrative decision and that the Town Board continues to have administrative powers. The proponent asked that we act on a resolution which substantiates our recognition that the Rye Town Board has the authority for administrative activities The Village Attorney submitted the following opinion, October 26, 1982• The question has been raised as to whether the granting , of-a special permit is a legislative act which would require ,1 action by the Village Board or is an administrative act which could be performed by the Town of Rye by the vi lage of Rye Brook! rursuant to Section 3250. I concluded that the granting of a special permit is an administrative function. This con- clusion is based on the following cases: Lemir Realty Corp. V. Larkin (Ii, NY2d, 20) is a 1962 j: Court of Appeals case which states, "Special exceptions grants 4 or denials, even though by a legislative body, were for court review purposes administrative." Mobil Oil Corporation v. City of Syracuse (52 A.D.2d 731) is a 1976 Appellate Division case-which stated, "The approval or denial of an application of a-special use permit is an administrative rather than a legislative function." The Court pointed out that a special use variance contemplates a use which is expressly permitted by the zoning ordinance. In the matter of Penny Arcade Inc v The Town of Oyster Bay (75 A.D.2d 620) , a 1980 case, the Appellate Division again referred to the issuance of a special use permit as an administrative act. Based on the recommendation of the Village Attorney that the action was an apprupriate administrative act - On the motion of `Trustee meiskin, seconded by Trustee Zak, WHEREAS, Washington Park Plaza Associates has here- tofore applied to the Town of Rye to amend a site plan and special permit approved by the Town Board of the Town of Rye on March 20, 1979, and WHEREAS, the aforesaid amendments were proposed alter- natively as follows: 1. Alternative #1 which encompasses a 40' x 50' extension to the existing free standing restaurant, a 39' x 77' extension to the existing supermarket, and a 5' x 25' extension to the existing supermarket greenhouse. (SP-1 by Herbert Tannenbaum, P.C. , Architect, dated August 26, 1982) . 2. Alternative #2 which encompasses Alternative #i, a 75' x 36' drive-in bank in the northwest quadrant of the shopping center, and a reconfiguration of the parking and traffic circulation of the shopping center. (SP-2 by Herbert Tannenbaum, P.C. , Architect, dated October 5, 1982) . 3. -Alternative #3 which substantially encompasses Alternative #2 with a different reconfiguration of the parking and traffic circulation and the addition of approximately 13,000 square feet on the easterly side of the shopping center site, (SP-3 by Herbert Tannenbaum, P.C. , Architect, dated October 5,_ 1982) , and WHEREAS, Frederick P. Clark Associates, planning (- consultants to the Town of Rye, recommended approval of the aforesaid amended site plans and special permits in the alterna- tive by memorandum to the Rye Town Planning Board on October 14, 1902, and WHEREAS, the Rye Town Planning Board xecommended the - _1 approval of the aforesaid amended site plans and special permits in the alternative by memorandum to the Rye Town Board on October 18, 1982, subject to the following conditions: 1. In the event the site plan designated as SP-3 is implemented by the owner of Washington Park Plaza at any time, the owner, on behalf of itself, its successors and assigns, ' agrees, as a condition of approval of SP-3, to waive any addition- al floor area entitlement attributable to the additional contigu- ous property on the easterly boundary of the site which is proposed to be leased or acquired. 2. In the event the owner elects to implement SP-3, it shall submit proof of the purchase or long term lease of the additional property on the easterly boundary of the site, and WHEREAS, the Rye Town Board unanimously approved the amendments to the aforesaid site plan and special permit in the alternative, subject to the conditions recommended by the Rye Town Planning Hoard, after a public hearing duly called and held on October 20, 1982, and WHEREAS, a substantial portion of the premises which constitute the shopping center is situated within the Village of Rye Brook, and WHEREAS, as of the date of the aforesaid approvals by the Rye Town Board, the responsibility for the administra- tion of the zoning laws with respect to property within the Village of Rye Brook rests with the Town of Rye, and WHEREAS, Washington Park Plaza has requested that the Village Board of the Village of Rye Brook confirm that it has no objection to the aforesaid actions by the Rye Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby confirms that it has no I objection to the actions of Rye Town Board in approving the amendment of the site plan and special permit for the Washington Park Plaza shopping center in the alternative on October 20, 1982, subject to the conditions imposed with respect thereto. ROLL CALL: Ayes: Trustee Meiskln Trustee Nardi Trustee Harris Trustee Zak Mayor Kabcenell Mayor Kabcenell added that all administrative authority remains with the Town until the Village takes over. LA RESERVE rezoning request. On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that a public hearing on the Amendment of the Zoning Law concerning the Hotel 'Lone be scheduled for November 23rd, 1982 and that the Village Clerk comply with the necessary notice requirements. — Trustee Meiskin voting AYE Trustee Nardi voting AYE - Trustee Harris voting AYE Trustee 'Zak voting AYE Mayor Kabcenell voting AYE Bernard Abel asked how we could schedule a meeting if we have no Planning or Zoning Boards. Mayor Y.abcenell responded that it would be contingent on our having the Boards and their preparing a report . If we do not have a report, we will not be able to take action. Discussion was raised by Mrs. Halsey regarding the ; 9000 expense for playground equipment ap'reed to be the Rye Town Recreation Dept. It was pointed out that the this cost is in the current budget, and that if it were bonded, costs for all bonded capital equipment will be assumed by the Village. Wish List. It was noted that we have so far received a lamp, an end table, formica table, typewriter, and been promised a couch and two swivel chairs. The next Regular meeting is scheduled for Blind Brook High School _ Cafeteria on November 23rd at 8 pm. The meeting was adjourned at 10 pm. I