HomeMy WebLinkAbout1982-11-23 - Board of Trustees Meeting Minutes REGULAR MEETING OF THE RYE BROOK VILLAGE BOARD up
HELD NOVEMBER 23rd, 1982 AT BLIND BROOK HIGH SCHOOL
at 8 P.M.
PRESENT: Mayor Kabcenell
Trustee Mario Nardi
Trustee Milton Melskin
Trustee Jules Harris
Trustee Stan Zak
Treasurer Sidney braudy
Attorney Georgia Kramer
Clerk Jane Safflr Smith .
The meeting was called to order at 8 p.m. '
A motion was made by Trustee Melskin, seconded by
Trustee Zak, and unanimously adopted that the minutes
of the October 26th Regular Meeting as. submltted by
the Village Clerk, be approved.
The Clerk read a petition from residents of Grant Street
regarding their opposition to the proposed parking lot for
the Possillipo Center. Theydo not object to the Idea of
a parking area, byt believe that there are alternate
aot&ahbon Mayor Kabcenell accepted the communication and
stated that the matter would be dealt with under "New
Business".
REPORTS.
CORPORATE RELATIONS COMMITTEE. Trustee Harris Introduced
am arcus, he acting chairman of the committee to tell
the Board and residents about their activities.
The purpose of the group Is to develop an effective
relationship between Rye Brook's service groups and
, -� institutions and corporations residing In the community.
The objective is to work with local groups, understanding
their needs, In order to communicate effectively with
corporations and Institutions In the Village; to channel
and funnel support from the corporations in coordination
with the local groups to assist our village in improving
the quality of life, not only for village residents, but
also for the employees of the corporations. .
The Board felt that this commlttfeshould get approval of
Intended projects from the Board before proceeding with
them.
Mrs. Harriet Ha.lsey felt that we should not look to
corporations for money, that the corporations decided to
move here and that they will come to us to see what they
can do for the Village. .
Mrs. Viola Nelson expressed her objection to this committee.
Did not feel that seven people should go and ask for
corporate dollars, and they should simply make recommendations
based on their findings, to the Village Board which was
elected by the people of this village. Action should only
be taken upon approval by the board.
Trustee Zak agreed that the Village board should approve
actions based on the committee's recommendations.
Mr. Marcus stated that most corporations have enlightened
self interest to shake hands with a community, and are anxious
to enhance the relationship by service, not necessarily
with money. They like to sponsor activities and cultural
happenings. Each company has a personality and want to
help In different directions.
Mrs. Nelson question/TPe Charter for this committee and
Mrs. Amy Schoen stated that the meeting referred to by
Mrs. Nelson was the first meeting with a full complement
and they were simply bouncing Ideas back and forth.
Mayor Kabcenell asked for more detail regarding the
AX6X 9"kx*xM14kI Implementation and procedural aspects.
. ?
Mayor Kabcenell postponed the Public Hearing on the -
Rezoning of the Land and the Amendment to the Zoning
Ordinance In connection with the application by Umnftel
Inc. because we old not conform with the required
publication requirements. The publication was made In
the Tarrytown paper in error. Uecember 9th was set as
the new date.
Local Law p 1 Helicopter Ordinance Public Hearing was
held.
Mayor Kabcenell thanked Larry Liebowitz for his help
in the preparation of the ordinance. Trustee Zak said
Santa Claus would stf 11 arrive as scheduled on Friday at _
Hye Ridge. Trustee Harris state that any special exceptions I
should not result in risk or expense to the citizens.
Bernard Abel asked if a prison sentence could be imposed
In addition to a fine for violations, and Attorney Georgia
Kramer stated that It would be a violation of the penal
law, and there Is opportunity for prison sentence.
Bernard Abel suggested a fee for use of police in emergency
or on private property, and Mayor Kabcenell stated that
should there be ever a question of using police on private
property, there would be a fee.
The Board acreed that a clause making It a violation of
the penal code also, be added to the ordinance, and on
the motion of Trustee Meiskin, -seconded by Trustee Harris,
Local Law N 1-1982 was introduced as follows:
Alocal law .........................Heli.9.9P.teF....IdaW...............................................................................................................
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Be it enacted by the ...........Board of Trustees ...............................of the
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INme d Let isb.i,,nod,)
of..........................RY..e..Brook.n.._New,.York............................................................................ as follows
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Village
1, Prohibited Acts.
Except as provided in Section 2 hereof, the takeoff or
landing of a helicopter or other aircraft is prohibited within
the Village of Rye Brook.
2. Exceptions.
The following acts shall be exceptions to the prohibitions
set forth in Section 1 hereof:
a) Takeoffs and landings of helicopters or other aircraft
at any part of the Westchester County Airport situated in the Village
of Rye Brook.
b) Emergency landings of helicopters or other aircraft, provide(
however, that no helicopter or other aircraft which has landed as a
result of an emergency condition shall take off except under the
supervision of the Police Department providing police protection in i
the Village of Rye Brook which shall permit such take-off only after
consultation with qualified airport or aviation personnel as to the
airworthiness of the helicopter or other aircraft. In the event such
helicopter or other aircraft is deemed to be incapable of safe operation,
it shall not be permitted to take off and shall be removed only by land.
c) Take-offs or landings by police, military or other public
safety personnel in the exercise of their official duties or
responsibilities.
(1) Such take-offs or landings as may be authorized as special
exceptions hereto by the Board of Trustees.
-- -- '
3. Penalties for Violation.
Any person, firm, corporation or association violating any
provision of this law shall be liable to a fine or penalty of not less
than One Hundred Dollars ($100.00) nor* more than Two Hundred and
Fifty Dollars ($250.00) for each offense, and the violator dtall be
guilty of a violation of the Criminal Law as permitted by Village Law,
Section 20-2006.
Trustee Meiskin voting AYE
- Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
NEW BUSINESS.
yll,japa Newsletter. Mayor Kabcenell stated that It had
been suggested and discussed that a Village Newsletter might
provide information to all residents who might not otherwise
be familar with items of interest.
Trustee Melskln said it would keep residents aware of
what happens at meetings and of issues that face our community.
It can also be an update on how our tax monies are being
spent during the year. Not everyone subscribes to one of
the local newspapers and this would be a way to keep our
citizens Informed.
Wyor Kabcenell asked for a report on the mechanics of
the idea for the next meeting an December 28th.
Bernard Abel felt that there was a variety of media i
_ supplying Information to our area, and would It be worthwhile
to spend the money, In order to set up our own "Propoganda
Machine".
Trustee Zak suggested asking the local papers If they would \
print a column from the Village "verbatim" without
edltoriallsing.
Mrs. Fogel suggested that the volunteers for the newsletter
committee explore all the avenues suggested In the cross
conversations and report to the Board.
Ken Heller asked what type of information 1s planned,
factual , statistical , politically favoring the Board?
Perhaps Village organfsatfons could also contribute.
Trustee Nardi suggested that the Corporate Relations
commltte pursue the possibility of having the quarterly(? )
Issues of the newsletter sponsored by one of the corporations.
There was some discussion of the date and place of the next
regular meeting, and Mayor Kabcenell suggested that we
announce at the December 9th Special Meeting, the date and
place of the next regular meeting.
- Traffic c P�ro6�em. Trustee Zak brought to the board's
attention a potentially dangerous situation on Lincoln
Asvenue at Jennifer Lane. Perhaps a "Slow" sign would
help, and It was referred to Chief Gendalla. Joe Pellino
felt that at certain times of the year, shrubbery was a
problem, blocking the view, and perhaps the shrubbery could
be cut back.
Parking at PocsIIllpo Center. various ■pyyeefimnixxs ways to
alleviate the problem have bean suggested. One to possibly
secure land from the State In back of the Center. A letter
from Grant residents was recognized asking that the access to
this proposed parking area through Grant Street not be allowwed.
Mayor Kabcenell has been in touch with Mr. Fidelibus, asking
him to pursue this matter and come up with alternatives to
the Planning Board to help resolve the problem.
Mr. Logan asked what Is the objection to 20 to 30 cars coming
through once or twice a week.
Mrs.Logan asked how many signatures were on the petition,
the clerk counted 41 , and made the point that at present _
when there Is a function at Possillipo Center, everyone _
parks In from of her house, and blocks her driveway.
She does not complain because she is happy that there is
such a facility for the community, but would like to find
a way to alleviate the problem.
Mayor Kabcenell suggested that they were talking about an
Issue which has not been presented. They are asking for
recommendations, the problem Is parking, but there Is
nothing beforethis Board which Indicates there will be a
parking area behind Possllllpo Center. Should It come
before the Board after an analysis of the needs and
recommendations, that would be a more prudent time to _
argue the merits. Since the State owns the land,
nothing can be discussed until the Rye Town Board buys
the land, but while that is going on, the local residents
should meet and come up with recommendations to solve the
problem.
Trustee Nardi suggested that if the Rye Town Board Is
negotiating to buy the land, since Rye Brook will be
paying for It, this Board should be involved In the
price and the purchase.
Procedure for Processing and payment of bills.
On the motion of Trustee Zak, seconded by Trustee
Melskln,
BE IT RESOLVED that the
procedure for processing and payment of claims for the
Village of Rye Brook shall be as follows:
1. All claims (vendor bills, expense vouchers etc.) to be
approved by Village Official ordering or authorizing
expenditure. Approval covers receipt of materials
or services and agreement with price.
2. Claims to be reviewed by Village Treasurer (or designated
person), checked for arithmetical accuracy, coded as to
proper account, and numbered.
3. After approval of claims and review of Treasurer, an
abstract or listing of claims to be prepared by Village
Clerk for submission to Board of Trustees at next meeting,
for their approval and authorization to pay. Abstract
to show date of claim, name of claimant, explanation of
expenditure and amount.
4. Two copies of abstract to be sent by Village Clerk to
Comptroller of Rye Town with statement that expenditures
have been approved for payment by Village Board. Copy ,1
of claims, showing address of claimants, to be sent to
Town Comptroller with abstract. .
5. Town Comptroller to issue check and mail to claimant,
together with the copy of the claim.
6. Check number and date of payment to be noted on the
copies of the abstract. One copy to be returned to the
Village Treasurer.
7. This procedure to be in effect until the Village has
its own cash funds. C`• (•$3)
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Barris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
PETTY CASH ACCOUNT, pursuant to Section 5.526 Village Law.
On the motion of Trustee Harris, seconded by Trustee
f
Melskln.
WHEREAS the Board of Trustees of the Village of Rye Brook,
New York, finds that a petty cash account is necessary for the
payment of cash for materials, supplies or services furnished
to the village for the conduct of its affairs.
-BE-IT RESOLVED that the Board of Trustees of the Village
of Rye Brook hereby establishes a revolving petty cash account
in the amount of $200 (two hundred dollars) in the Village
Clerk's office, pursuant to the provisions of Section 5.526
of'the Village Law of the State of New York.
BE IT FURTHER RESOLVED that the expenditures from the petty
cash account ,4ay be wade in advance only for payment, upon
receipt of itemized bills for materials, supplies or services
furnished to the village for'the conduct of its affairs and
a full accounting of all expenditures shall be presented to
the Village Board, who shall direct the Village Treasurer to
arrange for the reimbursement of the petty cash account for
the amounts expended
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayur Kabcenell voting AYE
Approval of Payments.
Approval of payments totalling 09564.70 made by the Town
Board on behalf of the Village from June 23rd for the
Interim period until the election of the Board was
deferred. These payments are covered by the Town Warrants
-- Nos. 74 and.75 dated September 23rd, 1982.
There was some question of the charges from Lee Russlllo
for the hours worked and the rate for those hours.
There was some discussion regarding the number of hours,
and what work was performed. Mrs. Nelson felt that she
could not have worked the hours she stated, since she was
a full time employee of the School District.
Treasurer Braudy stated that there was a list of the hours
submitted, and that Dr. Valenti had confirmed that her work
as a switchboard operator did not conflict with the
temporary position as village clerk, and used vacation
and personal days. He felt that we should accept her
word that she did the work.
Trustee Melskln felt that we should in good faith accept
the charges as submitted, since she was appointed to do
the Job and there was no one to supervise.
�d
Mayor Kabcenell explained tna: _a temporary vi
Ierk
was appointed by the Rye Town clerk anfore
the only the only village officer, y Per son who could
Incur bills and approve them.asxtMexe�#yxr###sgexwRR#ees
Unless someone Is willing to take an acpual challenge
legally, she was entitled to authorise these payments and
Incur this expense. It had nothing to do with us, we were
elected, and her job ended.
Gene Strum questioned the .410 per hour rate, since there was
or Is no precedent In the village, the present clerk works
without pay, and by authorising the $10 per hour for the
temporary clerk, this Board becomes responsible for the i
42400.00 bill . He just did not believe she can set her
own salary. -
Morton Belove felt she did put In the hours* since he and
many others had lots of occasion to speak* to Mrs. Russillo,
and she was a very busy lady.
Herb Ad{er pointed out that Mrs. Rusillo was hired in
accordance with Village Law, that if we challenge the house
we would have to provide witnesses to show that she was elsewhere
at the times she listed as working for the village, that the
only question Is whether the 610 per hour Is a filr and
reasonable rate. This does not necessarily have to be
measuredagalnst what the present clerk receives, or does
not receive, and if the Board is not going to rule, then
some investigation should be done be a committe who reports
back to the Board.
Mrs. Halsey felt that Mrs. Russillo did a fine job, and not
having her here to defend herself Is shameful , and that
the board should have checked Wore going public. It was
a unique situation.
Mayor Kabcenell reminded Mrs. Halsey that the first
resolution of this Board was to thank Mrs. Russillo for her
activities. This Is a public issue, and must be presented
and nobody on this Board has challenged Mrs. Russillo In
terms of her hours, and he shared the discomfort of this
being discussed in the absence of Mrs. Russillo.
Bernard Abel asked if the-Board had questioned any of the
other Items Included in the .49564.70 and Mayor Kabcenell
stated that most of those were Involved with setting up
of the books for the election and the election itself,
Inspectors and moving of the machines.
Approval on this resolution was deferred until the
Village Attorney could do some investigation on the
hourly rate, which seemed to be the only question.
Since the Town had already paid the amount, Mayor
Kabcenell had no opinion as to what would happen If
payment were not approved by the Village Bard, but it
does require that the Village Board consider this for
approval . li
BE IT RESOLVED that the Board of Trustees approve the
payments totalling $3327.75 as per Abstract
of Audited
l
vouchers dated November 23rd, 9$ covering
uchers
Nos. 1 through 12.
Trustee Meiskin voting AYE
i
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
Mrs. Halsey requested that the clerk read the substance
of the n
Information besMayor Kabcenell suggested
IncludedIn theAgendaInformata
Information
future meetings.
--- 2111
VILLAGE CLERK'S ASSOCIATION
On the motion of .Trustee Meiskin, seconded by Trustee ZAK,
BE IT RESOLVED that the Village of Rye Brook agrees to
join the New York State Association of City and Village
Clerks, Treasurers, and that the sum of $25.00 be paid
for membership dues.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
RULES OF PROCEDURE.
The Mayor requested that the discussion on Rules of
Procedure be tabled since it might be a lengthy procedure.
NEWEEST RESIDENTS OF VILLAGE.
The Mayor proposed a resolution correcting the record
that the first born resident of the new Village was in fact
Heather Elizabeth Glambo of 225 Betsy Brown Road who was
born at Greenwich Hospital . The motion was made by
Trustee Harris and seconded by Trustee Zak that July 20th
was the date of the first born resident of the new Village.
Trustee Meiskin voting AYE
Trustee Nardi voting AYE
Trustee Harris voting AYE
Trustee Zak voting AYE
Mayor Kabcenell voting AYE
VILLAGE SEAL.
Trustee Zak asked how many entries we had for the Village
Seal. Clerk said we have four In addition to his, and
are looking for more.
The Agenda Meeting was set for December 9th after the Public
Hearings for Omnitel Inc.
WATER DISTRICT.
Joe Pellino asked If the IIaison trustees for the Water
District were aware of any developments now that we are
approaching a drought situation. Trustee Zak stated
he had no Information from the Water Company but would
follow up.
PLANNING BOARD.
Joe Pellino asked If the Planning board would consist of
five members, and that he felt It was an error In
judgement that there was no representation from District
4. Someone should represent the people from that area.
J.J. Lawrence asked if wtitW dwPwrltten criteria for the
selection of Board members. Mayor Kabcenell said we had
specifications of what the board was required to do.
Trustee Melskln said the Planning Board was appointed since
they were experienced, most knowledgeable of what's going on
now and have continuity for projects now under way.
Mayor Kabcenell felt that It was fortuitous that they
could advise on La Reserve, since they knew what was going
on.
JJ
Mrs. Fogel explained that as a member of the Planning,
board, It should be understood that the Board advises and
recommends, but does not decide. This was In response
to Mr'. Lawrence question as to how we could appoint the
same people who were Involved with the General Foods
building.
Joe Pellino reiterated that there is still no input
from a resident of District 4.
Mr. Logan reported he was at the meeting regarding the
application for a restaureant on Bowman Avenue, and feels
that the Board acted In the Interest on the area, even
though there was noone from District 4 on the Board.
Thwre was a question from the floor as to whether we
had to form a Planning Board now. Attorney Kramer said
we had a choice but the Village Board wanted It, to
take on the obligation regarding La Reserve and Donald Art.
Mayor Kabcenell stated that the Town Board can no longer
legislate and If we dich't appoint a Board, no decisions
could be made.
Bernard Abel congratulated the board in taking the action
to protect our community, but passing the first law,
the Helicopter Ordinance.
Mr. Abel also thanked Milton Meiskin for his attendance
at a recent Airport Meeting where he did a lot to prevent
some expansion plans.
Mr. Abel alio wanted to extend congratulations to Mrs.
Clara Jenkins, a resident of the Port Chester Nursing Home
who celebrated her 105th birthday, born 11/16/1877.
The Board so ordered.
Trustee Meiskin reported that there was an AdvAsory board
Meeting on the Airport. There was a proposal to eliminate -
the curfew in exchange for a number ofnoise abatement
proceduresand put in a noise ordinance that said all aircraft
that on arrival generate more than 74 BBA and on takeoff more
than 85 DBA be barred. Unfortunately there Is no mechanism
at the airport to take these measurements, so it Is a Catch
22 nonsense ordinance, and -In exchanoe for that they asked
for repeal of the curfew. Fortunately a representative from
Harrison and myself were able to forestall that and delay
It and we alerted the various communities around us to
present their reasons for keeping the curfew. We are
suggesttdg that the curfew not be repealed until there
Is a permanent noise monitoring system with agreed upon
decibels. He announced a meeting to be held 11/89/82
at 85 Court Street, White Plains, at 7.30 and everyone
who wanted to should attend, regarding possibility of
what airport expansion can do.
Mrs. Nelson requested that a letter be sent with the
Mayor's signature regarding her appointment to the
CounclI for the Arts, and that she would send the
appropriate information to the Mayor in order to do this.
Mrs. Nelson also asked if the Village was working on
a flag. Trustee Nardi said he had a friend In Pinehurst
in the flag business who will make the flag free If we i
give him a design.
The meeting was adjourned at 10 pm.