HomeMy WebLinkAbout1983-10-25 - Board of Trustees Meeting Minutes Regular Meeting of the Village Board held on October
25th 1983 at 111 South Ridge Street Rye Brook, at 8 PM.
Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris,
Attorney Kramer, Clerk Smith.
Absent: Trustee Zak.
Minutes of the September 27th meeting were accepted as
presented.
CORRESPONDENCE.
i
Mayor Kabcenell thanked Mrs. Halsey for the 1984 Calendar
of New York Watercolors by John Halsey.
The Mayor read a letter which he is sending to the Chief
Executive Officers-of Port Chester, Greenwich and the City
of Rye in connection with water supplies, copy of which is
annexed hereto.
Greenwich has been on a State One water alert for some time,
and the Mayor feels that it is time for the four communities
to have an orderly process for dealing with shortages, and
is sure that we will get a positive response from our
neighboring communities.
RESOLUTION OF COMMENDATION.
WHEREAS, Police Officers Peter Ramundo and James King did on October 11, 1983
at 2:15 a.m. respond to a telephone report of a loud noise on Lincoln Avenue,
and
WHEREAS, Police Officers Ramundo and King did find a most severly damaged
automobile which had crashed into a utility pole and which contained bo
occupants, and
WHEREAS, Police Officers_Panaudo and King upon discovering the 22 year old
female occupant of the passengerseatwas not breathing, did institute mouth
to mouth resuscitation although the victim was still trapped in the car, and
were able to get the victim to start breathing on her own, and
WHEREAS, Police Officers Ramura90 and King did effectively cooperate with the
Fort Chester Fire Department Rescue Unit in using the hydraulic "Jaws of Life"
to extricate the victims from the car, and
VUERFAS, Captain William Pazona, of the Port Chester Fire Departnent.Rescue Unit
has personally eonve ded these Officers for their efficiency in this most
difficult situation,
on the motion of Trustee Nardi, seconded by Trustee Meiskin,
169
MUZEFOM BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook "
does hereby officially and gratefully commend Officers Peter Ramundo and James
King for their outstanding action on this occasion which indicates their
diligence, their high level of training and professionalism that brings credit
to them and to the Police Department of the Village of Rye Brook.
Trustee Meiskin voting AYE
:'Trustee Nardi voting AYE
Trustee Harris voting AYE
Mayor Kabcenell voting AYE
Trustee Zak ABSENT
Mayor Kabcenell read into the record a letter addressed to
Chief Gendalia from Captain William Pazonaof the Fire Patrol
and Rescue Squad, copy of which is annexed hereto.
He further commented that all of the officers on the Village
Police Force again repeated their CPR training a few weeks ago
and it is our intention to continue the upgrading and in service
training. There is a, young woman who would not be alive today,
had it not been for the actions of these two officers. We are
very proud of them, and the resolution of commendation will be
placed in their personnel files.
Chief Gendalia thanked the Mayor and the Board for the
commendation on behalf of the two officers.
REPORTS.
TRAFFIC COMMISSION. The Mayor stated that the Traffic Commission
as been phenomenally responsive and that we are indebted to them.
They have pushed us mercilessly to see that we respond to items
with which they have dealt.
Item "A" annexed hereto deals with complaints of loitering in
the vicinity of Wilton Road(for several years) , and we asked the
Police Department and the Traffic Commission to look into it.
There is no indication of the extent of the area, and Chairman
Pellino indicated that in discussions with liaison Sgt. Bob
Santoro, it would give him flexibility and perhaps the Police
Chief and Sgt. Santoro could make recommendations to be specific.
Ken Heller suggested a time element on the signs - because there
are times when park users park in the .area, he felt the problem
was primarily an evening one, although Frank Errigo said the
problems starts right after school.
Attorney Kramer said if we have details for the Agenda Meeting
scheduled for November 7th, we can have a Public Hearing at the
next regular meeting.
Trustee Harris asked if Mr. Pellino could provide a sketch for
use at the Public Hearing showing proposed locations of signs.
Item "B" annexed hereto deals with All-Night Parking. Trustee
Meiskin said perhaps we could put some information in the next
Newsletter however, that might not be timely, and Trustee Nardi
suggested an article in the newspaper. In response to the
suggestion that signs be placed so that people will know that
thereisan ordinance, Don Brown stated that the cost would be
approximately $20 per sign and that perhaps 100 signs would be
required, between NO PARKING THIS SIDE OF STREET and NO PARKING
Midnight to 6 am 11/15 thru 3/15, and signs at the entrances
to the Village. "
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Item "C" - Attorney Kramer stated it is already in a general
part of the law and not traffic, but she will check. The .
Mayor stated that we are trying to discourage the disappearance
of our signs.
A letter to Mr. Mike Mignona, NYS DOT regarding sun shields on
traffic lights, and speed limit on Westchester Avenue, was read,
copy annexed hereto.
The Mayor said he had received calls regarding the Westchester
Avenue/Ridge Street intersection traffic light blinking on
occasions - this only happens when the regular signalization
process fails - and efforts are being made to get the category
of the light upgraded so repairs can be made faster. Chief
Gendalia state that a patrolman is put on it when it occurs at
peak hours.
Item "D". Brook Lane and Sunset Lane. Chairman Pellino stated
this is an attempt to get people to slow down because of
danger of rear end collisions at Lincoln Avenue, and because of
children playing. Members of the commission spoke to area
residents and they are in agreement. This probably will
require a Public Hearing and publication.
Item "E". General Traffic around Bowman Avenue. This has been
addressed several times in the past and it is time to reinforce
existing regulations and amplify them. The two main problems
are Left Turns, and people ignoring existing signs.
Item "F". Osborne Place/ Bowman Avenue. A Public Hearing
would be appropriate and Mayor Kabcenell would like to invite
as many people as possible from the area.
Item "G". Report on complaint from Mr. Doraio regarding
Mohegan/Talcott intersection. Mayor Kabcenell stated-thatno ordinaiice-'was' required' and that items 1, 2, 3 $ 5 be implemented
and that we should find out the cost of a street light installed.
Ed Lorch of the Rye Brook/Rye Hills Association thanked the
Traffic Commission for their recommendations, the Village Board
for acting, and Police Chief Gendalia for his help.
REPORTS - DEPARTMENT HEADS.
. Chief Gendalia said that in the past 3-4 weeks 125-150 summonses
for speeding, and feel we have it under control. We will continue
to use radar and unmarked cars.
He reported that he attended the Internation Association of Chiefs
of Police. There was a large display of the latest equipment
relating to youth and juvenile problems and there were seminars
on utilisation of common resources, local resources for local
emergency problems, funding for police training. He thanked
the Board for letting him attend and felt the experience would
be of great benefit to the department.
Donald Brown reported that the signs for Lincoln Avenue had
arrived and would be installed tomorrow, and leaf pick ups are
under way. The Mayor asked that people pay particular attention
to leaf fires.
DISPLAY OF HOUSE NUMBERS.
There was a complaint regarding the inability to .locate houses.
The Fire Dppthas driven past houses because no one was outside
to flag them down - it is important that a visible number be
placed. The Mayor stated that it was his personal inclination
to make it a local law, and to open the discussion, he read
a draft, copy of which is annexed. The intention is to make
it happen, we are trying to protect every household. It can
be in figures or words. . We are not looking to fine people,
and would issue warning first.
In response to a comment that sometimes the wrong emergency
number has been used, it was suggested that a peel off label
with appropriate numbers be sent with the next newsletter.
It was suggested that the numbers allocated by the Post Office
to each house be the ones used.
There was a suggestion to eliminate the "disorderly conduct"
phrase and condition, and that the fine if imposed should be
per week.
PEDDLER $ VENDING LICENSES
This is to review the existinglawand the laws of neighboring
communities. Mrs.� Kramer said she had not drafted anything
because she needs so much guidance from the Board. The Mayor
read the existing law hawking g Peddling Section 33, which
attorney Kramer suggested needs correction or change. Trustee
--- Harris .asked how did the need for revision arise? Applications
were received. Trustee Harris noted that there was no reference
to County Health Dept. requirements. Mrs. Kramer said there
are a series of issues - location, noise, waiver of fees if for
a charity, effect on established businesses. Police should be
consulted on safety factors, applicants should be checked.
The Mayor suggested everyone provide recommendations and from
all of them, a draft can be made.
APPOINTMENTS.
RECREATION ATTENDANT POSITION.
On the motion of Trustee Harris, seconded by Trustee
Meiskin,
3E IT RESOLVED that Frank Errigo be appointed
Recreation Attendant for the Village of Rye Brook, and -
BE IT FURTHER RESOLVED that Frank Errigo be paid an
annual salary of $14,500.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE -
Mayor Kabcenell voting AYE
Trustee Zak ABSENT
RESIDENCE REQUIRETIENTS FOR APPOINTED OFFICERS.
On the motion of Trustee_ 11eiskin, seconded by Trustee
Harris,
BE IT RESOLVED t;iat appointed Officers of the Village
of Rye Brook shall reside either within the Village of -
Rye Brook or elsewhere within the Town of Rye.
Trustee Meiskin voting AYE-
Trustee
YETrustee Nardi voting AYE
Trustee Harris voting AYE
Mayor abcenell voting AYE
Trustee Zak Absent
APPOINTMENT OF VILLAGE TREASURER.
Mayor Xabcenell having suggested the appointment,
On the motion of Trustee Nardi, seconded by Trustee
Harris, /
BE IT RESOLVED that the appointment of Joseph A. Cortese ✓
to fill the balance of the unexpired term of Sidney M.
Braudy as Village Treasurer be approved, and
BE IT FURTHER RESOLVED that the Village Treasurer be paid
the annual fee of $5,000 for services as Treasurer and
accounting services for the Village.
Trustee Meiskin voting AYE -
Trustee Nardi voting .AYE
Trustee Harris voting AYE
Mayor Kabcenell voting AYE -
Trustee Zak ABSENT
DEPUTY VILLAGE CLERK: Creation of office.
On the motion of Trustee Nardi, seconded by Trustee
Meiskin,
BE IT RESOLVED that the office of Deputy Village Clerk
be and hereby is created.
Trustee Meiskin voting AYE
Trustee Harris voting AYE
Trustee Nardi voting AYE
Mayor Kabcenell voting AYE
Trustee Zak ABSENT -
DEPUTY VILLAGE. CLERK.
On the motion of Trustee Nardi, seconded by Trustee
Harris,
BE IT RESOLVED that the appointment by Mayor Kabcenell
of Cynthia D. Wyman as Deputy Village Clerk of the Village
of Rye Brook, be approved by the Board, and
BE IT FURTHER RESOLVED.that Cynthia D. Wyman shall receive
an annual salary increase of $500.00 for additional duties.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE ,
Trustee Harris voting AYE
Mayor Kabcenell voting AYE
Trustee Zak ABSENT
TRAFFIC COMMISSIONER APPOINTMENT.
On the motion of Trustee Harris, seconded by Trustee
Meiskin,
BE IT RESOLVED that the appointment of Donald Gerstenzang
to the Rye Brook Traffic Commission to fill the unexpired
term of Philip DeVries be. approved.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Mayor Kabcenell voting AYE
Trustee Zak ABSENT
The Mayor thanked Mr. De Vries for his service and explained
that his resignation was the result of his moving from the area,
ABBEY RICHMOND AMBULANCE SERVICE CONTRACT.
On the motion of Trustee Harris, seconded by Trustee Meiskin,
BE IT RESOLVED that Mayor Jack L. Kabcenell be authorized
to sign the agreement between the Village of Rye Brook and
Abbey Richmond Ambulance Service Inc. to provide service
from 8:00 a.m, to 2:00 p.m, Monday through Friday,
retroactive to February 18th 1983 to May 31st 1985, copy of
which is annexed hereto.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE \
Mayor Kabcenell voting AYE -
Trustee Zak ABSENT
Trustee Harris reported that the contract has been in
the works for five months, and working on together with
the City of Rye and Village of Port Chester, he became
aware of the wonderful work that Abbey Richmond does.
The contract covers 1560 hours- p.a. and the negotiations
led to considerably lower rates with an option for a
second year at a favorable rate. $18,000 was budgeted
and that figure was from the Town Budget, the contract
amount is $23,000. This amount will be offset somewhat
by payments made by insurance companies.
PORT CHESTER/RYE VOLUNTEER AMBULANCE CORPS.
On the motion of Trustee Harris, seconded by Trustee
Nardi,
BE IT RESOLVED that Mayor Kabcenell be authorized to
sign the Contract with the Port Chester/Rye Volunteer
Ambulance Corps for the Village of Rye Brook, copy of
which is annexed hereto, for 1983.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Mayor Kabcenell voting AYE
Trustee Zak ABSENT
Trustee [Harris explained that they are on call 365 days
a year, 18 hours on weekdays, and 24 hours on weekend,
a total of 7200 hours a fabulous value for $10,000, and
the community should respond when they receive solicitations.
A suggestion was made that perhaps we should pay them
the monies allocated to Abbey Richmond, however, it was pointed
out that they do not have Advanced Life Saving Capability,
- but it might be possible for them to obtain training.
A comment was made that Abbey Richmond was available only
30 hours per week with A.L.S. .
BIDS FOR GARBAGE COLLECTION.
On the motion of Trustee Meiskin, seconded by Trustee
Nardi,
BE IT RESOLVED that the Village Clerk of the Village of
Rye Brook be authorized to advertise for bids for
Garbage Collection and Disposal in 1984, and
BE IT FURTHER RESOLVED that said bids shall be received
and opened on November 7th, 1983 at the Village Board
Agenda Meeting.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
-Mayor Kabcenell voting AYE
Trustee Zak ABSENT
- The Mayor explained that the present contract expires on
December 31st 1983.
LEGAL HOLIDAYS.
On the motion of Trustee Meiskin, seconded by Trustee
Nardi,
BE IT RESOLVED that the following list shall be the
legal holidays for the Village of Rye Brook employees :
New Year's Day Labor Day
Lincoln's Birthday Columbus Day
Washington's Birthday Veteran's Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
If contractual difference occurs, the contract shall stand.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Mayor Kabconell voting AYE _
Trustee Zak ABSENT
Trustee Nardipointed our that the Village employees
have five personal days in addition to the above, which
can be used at their discretion, possibly to cover a
religious holiday which is not covered. --
CERTIFICATE OF OCCUPANCY DOR ARROWW0011.
WHEREAS, prior to the formation of the Village of Rye Brook,
the Town of Rye entered into an agreement on January 26, 1981 with
Citicorp and the City of Rye; and
WHEREAS, the agreement required that the Town of Rye withhold
final approval and a certificate of occupancy until appropriate
drainage measures were taken by the developer; and
WHEREAS, the requirements of the agreement have been performed
to the satisfaction of the City of Rye by virtue of their Resolution
dated October 5, 1981; and
WHEREAS the Town of Rye agrees that Citicorp has met their
I
responsibilities and obligations under the January -26, 1981 agree-
ment, and with the approval of the City of Rye, is entitled to a
certificate of occupancy for its Executive Learning center, in
relation to those obligations, insofar as they related to the Town
of Rye, subject to the approval of the Village of Rye Brook; and
WHEREAS, the Town of Rye has agreed that Citicorp and its
successors in interest at the above site are released from the
agreement except for the requirement to maintain the retention
basin and other drainage facilities in keeping with the Soil Con-
servation Plan submitted to the Town Engineer by Citicorp, pursuant
to Section 24-7 of the Erosion and Sediment Control Ordinance of -
the Town of Rye insofar as it relates to the Town of Rye.
in the motion of Trustoo dardi., seconded by Trustee Harris,
NOW T1IEREF01:E 81: IT RESOI,VIA), that the proposed certificate of
occupancy be approved.
�l d c1
George Morrow, Special Assistant to the Mayor said that
Felix Fidelibus, Building Inspector, had to make one final
inspection.
Mr. Fidelibus stated that on October 19 after receiving a
letter from the City of Rye that everything was in compliance
with the agreement between the communities, I called a
meeting of my inspection team which included the Architectural
Adviser, Engineering Consultant, Fire Inspector, Electrical
Inspector - and made a complete inspection, tied in with the
agreement with the City of. Rye on the site, and that could
be considered our final inspection.
At that time I said to the Citicorp representatives that
I felt that the C.O, could not be issued intil we had a
resolution from the Town of Rye and the Village of Rye Brook, .
I would not do it because the City of Rye said so.
The Mayor stated that the only reason the Town of Rye
approved it was that they made the original agreement with
the City of Rye. _
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Mayor Kabcenell voting AYE
Trustee Zak ABSENT
Mr. Fidelibus said he would issue the CO tomorrow.
Mr. Mangano of Argyle Road registered acomplaint of flooding
in his basement from the East Branch of Blind Brook.
Mr. Fidelibus said he was not familiar with that particular
- problem, but with the area in general. Don Brown said he
had been there several times for flood and rodent complaints.
The Board of Health has had programs funded by the State in
the past, now the funds have been cut off. He felt the
homeowners should get rid of woodpiles which house rodents and
dog food which also attracts them, when dogs are fed outside.
It requires a licensed exterminator to put out the bait.
Mayor Kabcenell asked Mr. Morrow to see what can be done.
Mr. Logan registered a complaint on violations on the South
Side - Gas stations having overnight storage of vehicles,
signs offering space for rent, Lundell's having a photography
studio, George's? - The Mayor suggested checking the ordinances.
Bill Cuddy, attorney for High Point Associates, asked if
the Environmental Impact Statement was sent to the Planning
Board.
On the motion of Trustee Harris, seconded by Trustee Nardi,
RESOLVED that the draft EIS for High Point Associates be
referred to the Planning Board for comment.
Trustee Meiskin voting AYE
- -- Trustee Nardi voting AYE .
Trustee Harris voting AYE
Mayor Kabcenell voting AYE
Trustee Zak ABSENT
Resident Eugene Strum stated that there was anongoingTown Election and Town Budget Process, and although he
realises that the Village has no input in directing either
one, as far as the amounts of compensation to Town Officers
are concerned, it would be important to know what services
the Town still provides to the citizens of the Town. What is
left in the hands of the Town Government since Rye Brook took
over services on June 1st.
Mayor Kabcenell said it is far to say at this time that
the Town provides whatever services- the Villages allow
them to provide, the Villages are self sustaining and do
notneed the Town effort in order to govern. At this
point the Town provides us with assessor services, the
salary of the assessor comes out of the Town General
Fund, and we paid an additional fee to him for Village work.
We have an agreement with the Town that for a percentage
we will allow them to collect taxes for us.
The Town Clerk issued Marriage, Hunting and Dog Licenses.
Attorney Kramer stated that on a statutory basis, the
Town is the Collector for County and School District Taxes.
Mayor Kabcenell said we do not have to have the town
provide an assessor, and they could use ours for school
districts.
Attorney Kramer stated that Rye Town Park is run by the
Rye Town Park Commission which is a State legislated
authority.
Mr. Strum pointed out that there seemed to be no direct
responsibilities for the Town Council. Trustee Meiskin
said that the Town of Pelham which consists of two villages,
Pelham and North Pelham, and ; a Council providing very
little other than recreation, and the councilmen receive
$700 p.a. Mayor Kabcenell agreed that where there are no
unincorporated areas, the Council has a minimal function,
but according to law, must exist.
Mrs. Halsey asked for Mayor Kabcenell's opinion on the
position of Tax Assessor.
He stated that for Rye Brook, this year is a very important
year, there are three new major corporate entities .which are
now complete - Arrowwood, General Foods and Royal Executive
Park (the first three buildings). It is absolutely vital
that an accurate assessment-be made so that we get full tax
on one hand, and that we are not subject to certsotari
proceedings in the future. A defensible narrative has. to
be prepared which would hold up in court. Unfortunately
in the past, the communities in this area have lost every
certiorari action.
I have now met with the Town Board in terms of evaluation
of applications for .the position of Assessor and there are
several very qualified people who have applied, and we are
evaluating them as is the Village of Port Chester, and we
are going to provide recommendations to the Town Board,
because the Villages have more to lose or gain from proper
assessment.
In addition we are looking into the hiring of a special
assessor for the new projects, it takes a particular talent
to assess a General Foods, and most of the qualified people
we have interviewed said they have special assessors for -
special projects in the communities in which they are now
working. we must have adequate assessment for these
properties. -
Mrs . Halsey stated that there is a new job description put
out by the County in August.. with minvmum qualifications,
-
but feels that the Board should not settle for minimum. .
The Mayor said he had made it clear to the Town Board that
if it should select someone we do not feel meets adequate
specifications, we will select our own assessor.
Mr. T'ranzillo from Lincoln Avenue asked who sets the
salaries of the Town Council - response was they do so them-
selves. He commented that he understands that we must. have
a Town Council, but they do not have to be oaid.
The meeting adjourned at 10 .45 pm.