Loading...
HomeMy WebLinkAbout1983-12-20 - Board of Trustees Meeting Minutes MINUTES OF REGULAR BOARD MEETING HELD ON DECEMBER 20th 1983 AT 380 NORTH RIDGE STREET, RYE BROOK, NEW YORK, at 8 P.M. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak, Attorney Kramer, Treasurer CortBse, Clerk Smith. Mayor Kabcenell opened the meeting with a birthday congratulation to Mr. Carl Miller of Bowman Avenue, Rye Brook, who attended the meeting, on his 82nd birthday. -- PUBLIC HEARING. Proposed Sub-division, Royal Executive Park. WHEREAS, Royal Executive Park is the owner of approximately 75.4 acres of land located within the Village of Rye Brook, and WHEREAS, on or about November 22, 1983 Royal Executive Park pursuant to the applicable provisions of the laws of the State of New York and the Village of Rye Brook filed an application to subdivide the Royal Executive Park property into two parcels, one parcel of approximately 25 acres of land upon which are presently built three office buildings and Royal Executive Park II, consisting of approximately 50 acres of land, all of which are presently undeveloped, and WHEREAS, in conjunction with such subdivision application, a preliminary subdivision plan prepared by J.A. Kirby Company, dated November 16, 1983, was submitted to the Village Board of the Village of Rye Brook; and WHEREAS, on or about November 22, 1983 and pursuant to the requirements of Article 8 of the Environmental Conservation - -- Law of the State of New York, 6 N.Y.C. R.R. Part 617 and the laws of the Village of Rye Brook, the Village Board issued a negative declaration indicating that the proposed subdivision of the Royal Executive Park property will not have a significant effect on the environment, and WHERF.AS,. on November 22, 1983, the Village Board scheduled a public hearing on the proposed subdivision of the Royal Executive Park property located in the Village of Rye Brook, and WHEREAS, pursuant to legal notice duly published and posted, a public hearing was held on the proposed subdivision map of Royal Executive Park by the Village Board of the Village of Rye Brook at the Ridge Street School on December 20th, 1983 at 8.00 p.m. and all persons having had an opportunity to be heard, on tine motion of Trustee Nardi, seconded by Trustee Zak, . THEREFORE BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby approves the subdivision of the Royal Executive Park property into Royal Executive Park I and Royal Executive Park II as set forth on the preliminary subdivision plan for Royal Executive Park as prepared by J.A. Kirby Company -- and dated November 16th, 1983, and - IT IS FURTHER RESOLVED that such subdivision is approved subject to the following terms and conditions: 1. In approving the proposed subdivision, the applicant understands and agrees that neither it nor its successors will now or hereinafter make any claim or argument that the overall development potential of the entire 75.4 acre parcel of Royal Executive Park property located within the Village of Rye Brook will ever exceed 900,000 square feet of office space; and it is further provided .that development on each of the new lots shall be subject to all of the applicable requirements and limitations set forth in the Zoning Code. Moreover, as a separate and additional requirement, for purposes of determining maximum allowable floor area for the parcel now being sub- divided, the two lots shall be considered as a singlecombined unit. 1.94 2. As consideration for approving the proposed subdivision, Royal Executive Park hereby agrees to make payment of $100,000 to the Village of Rye Brook, with such payment to be made in lieu of dedicating certain land to the Village of Rye Brook for park and recreational fees. In this regard the Village agrees that in accepting the payment, it will not in the future, as a condition of any further site plan or approvals of this subdivision, require an additional payment from Royal Executive Park, and 3. As further consideration for approving the proposed subdivision, Royal Executive Park hereby agrees to build and maintain for the use and benefit of the residents of the Village of Rye Brook a jogging-fitness course of approximately - 6,000 feet starting at the north-east corner of the Royal Executive Park property adjacent to King Street, continuing west to the Blind Brook then southeasterly to the detention pond and thence returning in the same general direction to King Street. Said jogging-fitness course, to be completed by summer 1984, shall be built and maintained at the sole expense of Royal Executive Park. 4 . Royal Executive Park understands and agrees that approval of proposed subdivision is not deemed an approval or indication of approval of any additional development on the site. IT IS FURTHER RESOLVED that since utility easements are presently in place which would provide sewer service, water service, drainage improvements and vehicular access to both Royal Executive Park I and Royal Executive Park IT, that the Village Board hereby waives any requirement that Royal Executive Park post any performance bonds in order to assure the necessary utility services to both parcels; and IT IS FURTHER RESOLVED that upon the applicant's compliance with all the conditions set forth herein, the preliminary - subdivision plan as approved by ,the Village Board shall be deemed final and the final linen can be signed by the Mayor on behalf of the Village Board; and - IT IS FURTHER RESOLVED that within 90 days .after the signature of the Mayor. on the final subdivision linen, that the final subdivision linen shall be filed in the Division of Land Records of the Westchester County Clerk's Office. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Barris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE The Mayor explained that the request for subdivision - which is an internal need to do with their financing, and comes under the code calling for recreation payments to the Village. Toni Hroncich asked if we could have any input regarding the fitness course, and Joel Sachs responded that they would welcome suggestions through himself, .or Stuart Field, project manager. Bernard Klein, resident, asked if the cash payment would be earmarked for any particular project, and it was explained that the money would be placed in the Recreation Trust Fund. The Mayor said that we would like to see it used for capital improvements in connection with recreation, and not for general expenses. PUBLIC HEARING. Proposed Local Law It 4 House Number Display. Mayor Kabcenell open thishearing by stating that there had been a direct request.by all. of the .emergency services for the need to display house numbers. Police, Fire and Ambulance services have had trouble responding to calls because there are no numbers. n.ceC On the motion of Trustee Harris, seconded by Trustee Nardi, the following proposed law was introduced. 1.- This local law shall be known as, "Display of House _ Numbers." ' 2. It shall be the duty of the owner of each building - in the Village, at his own expense, to have the number or numbers assigned such building by the U.S.- - Post Office, displayed in figures or words, at least - three (3) inches in height, either on the front of the building, or on steps leading upward from the street to the front of the building, or upon a gate, gate post, .. '- fence or other object in front of the building, so as to be easily seen from the street. 3. Violation. Every person violating any provision of this law shall be punishable by a fine of not less than Five ($5.00) Dollars and not more than One Hundred ($100.00) Dollars. Each week that the required number is not displayed shall be a separate offense, Trustee Meiskin questioned the fine of not less than $5.00 and not more than $100.00 which could theoretically amount to $500.00 for five weeks. Tha Mayor stated -that obviously the intent is to help the emergency services, not to punish anyone. Bernard Abel, resident, asked if it applied to businesses or just homes. He stated that he was against it, he had lived in his house for about 30 years without a number, and that the Post Office had never given numbers in his area. He thinks that it would interfere with his privacy, and said many people have unlisted phone numbers for privacy. - He said that there may be a risk with insurance, which might be voided because the house did not have a number, _ therefore breaking the law. We should have a committee to study the matter to see if anyone's insurance would be affected. Ken Heller, resident, said that at one time or another, most houses had numbers, but questioned how we would make people aware of the new law so that they could comply, thus avoiding possibility of fines. The Mayor again stated that the intention to be helpful, not punitive, and if along the line, one life is saved, it will be worth -it. In a major catastrophe, if someone - stops breathing, in four minutes that person would be dead, and two minutes saved in looking for the house, could mean the difference. Trustee Nardi said we are trying to protect everyone and having a number could help a neighbor. Trustee Harris said he originally had misgivings, felt it encroached upon decisions weliketo make for ourselves, however he likened it to helmets on motor cyclists, most of them do not like the law enforcing them, however it is for their own good. Trustee Zak thinks it needs more study and doesn't like the fines. Trustee Meiskin said lie doesn't want to be harmed by his neighbors because they don't have numbers and an emergency vehicle couldn't find my house. He is also concerned about the punishment. Mayor Kabcenell -said it might be pertinent to include a warning, giving thirty days leeway. Trustee Meiskin said he had difficulty finding a house on Edgewood Drive, for a meeting, however Bernard Abel who lives on Edgewood Drive doesn' t want to be forced - we need to know the impact of such a law. - Bernard Klem stated that he has numbers three feet high on his house, and is fully in favor of numbering, everybody loves it, it makes his house easy to find and other people use his house as a guide. It was particularly effective when his neighbour had a heart attack. The police recommended positioning the number over the front door, some people wanted it on a gate post, some wanted the number in writing. One resident thought it should be a voluntary thing. Joe Pellino questioned whether there might be any legal liability for the Village not providing emergency service, if the house could not be located. Attorney Kramer said the Village must act with due diligence. Trustee Meiskin suggested that the Violation portion be amended, so that anyone in violation should be given a warning with a time limit of 30 days before a punishment can be imposed. Joe Cortese suggested limiting the amount of the fine. Trustee Zak said he would still like to have further consideration. Trustee Nardi was concerned about the possible insurance problem. Mayor Kabcenell stated that he would be comfortable tabling the matter for further consideration if enough people are unhappy with the wording. Bernard Abel suggested checking it with the Insurance Commissioner in Albany - we should not give a loophole to insurance companies. On the motion of Trustee Nardi, seconded by Trustee Meiskin, RESOLVED that the Public Hearing on Proposed Local Law H 4 House Number Display be adjourned until the next General Meeting to be held on-January 24th, 1984. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PUBLIC HEARING. Proposed Local Law 9 5 Prohibited Standing an Parxing. BE IT ENACTED that Section 61-15 be amended to add the following language, 61-15.1, titled Prohibited Standing and Parking. The following regulations prohibiting standing and parking in areas are hereby established: 1. Along the east and west sides of Wilton Road, beginning at the dead end at Crawford Park and continuing 90 feet south along both sides of Wilton Road. 2. Along the entire width of Crawford Park deadend on Wilton Road. 3. Along the north and south sides of Sunset Road, beginning 27 feet from the curb line oC Lincoln Avenue and extending westerly 118 feet on either side of Sunset Road. 197 4. Along the north side of Sunset Road 7feet from the curb line of Phyllis Place and extending easterly 62 feet. 5, Along the south side of Sunset Road beginning at the inter- section of Phyllis Place and extending easterly 49 feet, 6. Along the south side of Sunset Road beginning at the center of Phyllis Place and extending to the corner of Brook Lane. 7. Along the north side of Sunset Road beginning at the inter- section of. Phyllis Lane and extending to Brook Lane. S. Along the east side of Brook Lane beginning at the corner of Sunset Road and extending in a southerly direction 237 feet. 9. Along the east side of Osborn Place beginning at the corner of Bowman Avenue and extending in a southerly direction 120 feet. It was explained the No. 1 above is the result of complaints Of vandalism, and this gives the police the right to issue a summons to anyone standing there, thus discouraging such incidents. Ken Heller suggested that the police be aware of any special circumstance in the area, and not ticket innocent people. Nos. 3 through 8 are the result of prior discussions at Board meetings and recommendations of the Traffic Commission after talking to residents of the area involved. .One resident stated that unless there was a special occasion, such as a party or large family gathering, he *has not seen any parking which would be a problem, and that this law will simply make the cars move in front of his house. Trustee Meiskin said the trade-off is safety for children, and avoiding a head on collision. No. 9 is the whole length `of the block on Osborn Place,. on the east side, however it is not the intention to include the "T" at the dead end. A question was raised as to whether there are any specific requirements for No Parking regulations, such as width. Felix Fidelibus stated that Osborn Place is 30 feet wide, and does not meet the right of way requirement, and doubted if it was accepted as a public road. Donald Brown said the developer had defaulted, and that if the municipality maintained a private road for 10 years, it was considered accepted. He said they ]lad put up a No Parking sign on the side, but there was no law, so they ]lad to take it down. Mayor Kabcenell stated that there is no question that parking should not be, allowed - it may or may not solve all the problems. The Bowman Avenue problem will be discussed at the next meeting. On the motion of Trustee Meiskin, seconded by Trustee Harris, RESOLVED that Proposed Local Law k 5 be adopted. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE CIRCULATION OF..ROYAL EXECUTIVE PARK ENVIRONMENTAL IMPACT T T NT. - •� Whereas , Royal Executive Park has submitted a proposal to construct Phase. IB of the Royal Executive Park office development on upper King Street consisting of 270,000 square feet of office space, and Whereas, the Village Board of the Village of Rye Brook is the lead agency with respect to the proposed development of Phase 1B, and Whereas, a Draft Supplement to the Royal Executive Park Final Environmental Impact Statement has been completed and reviewed as to its completeness by Frederick P. Clark Associates and has been accepted as complete by the Village Board for the proposed action described herein, and On the motion of Trustee Harris, seconded by Trustee Nardi, _ THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby issues the following Notice of Completion: 1. The lead agency is the Village Board of the Village of Rye Brook located at Ill South Ridge Street, Rye Brook, New York 10573. 2. A Draft Supplement to the Royal Executive Park Final Environmental Impact Statement setting forth a proposal to construct Phase 1B of the Royal Executive Park office development on upper King Street, consisting of 270,000 square feet of office space on Upper King Street, Village of Rye Brook, Town of Rye, County of Westchester, State of New York has been prepared on behalf of Royal Executive Park and accepted as complete by the Village Board of the Village of Rye Brook. 3. ' The major Potential Environmental Impact of Phase 1B is traffic. 4. Comments on the Draft Supplement to the Royal Executive - Park Final Environmental Impact Statement dated November, 1983 are requested and will be accepted by the Village Board of the Village of Rye Brook until February 10, 1984. S . Copies of the Draft Supplement to the Royal Executive Park Final Environmental Impact Statement dated November, 1983, are to be circulated to various involved governmental agencies, as well as to the Town of Harrison, New York and the Town of Greenwich, Connecticut for their review and comments. 6 . Additional copies of the Draft Environmental Impact Statement and Final Environmental Statement for Royal Executive Park, as accepted by the Town of Rye, New York on or about September 9, 1980 and copies of the Draft Supplement to the Royal Executive Park Final Environmental Impact Statement, dated November, 1983, are available for inspection at the office of the Village Clerk, 111 South Ridge Street, Rye Brook, New York 10573 during regular business hours. It was explained that we are accepting the Draft Statement as complete and are circulating it to other agencies, and it is a procedural step. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Resident Ken Heller stated that everyone should be aware that they are now requesting more than was originally intended. They are asking for part of Phase II to be part of Phase I . . Will the Board wait until the High Point plans are presented, or be pressured to act on this one? The Mayor stated that the Planning Board feels that a decision on the North/South road is primary to any further development. - REPORTS - Crime Watch Program. Mayor Kabcenell read portions of a report on Neighborhood Watch Programs, and said the Village was in process of trying to set up a program for Rye Brook, and Chief Gendalia was getting additional material. Most people say that the police do a good job, but still feel that more should be done to reduce crime. Despite this public attitude, more than half of household burglaries are never even reported to the police. Neighborhood Watch is not snooping, people watch only the homes and apartments immediately around them. Participants would report suspicious persons or activities and accept deliveries for vacationing neighbors, take in mail and newspapers, turn lights on and off, have snow removal done, if necessary, house-sit for neighbors who have funerals or weddings - burglars often find easy victims just by reading newspapers. REPORTS - Statusofleaf pickup. The Mayor reported that for this year we are considerably behind, as is almost every community. Everyone is distressed, excessive rains hindered the pick up, which on the other hand prevented leaf fires. Mother Nature was the originally •-- cause, leaves fell two weeks later than usual and we then had the wettest Fall on record, seven inches of rain in November and between six and seven inches in December. There is a significant difference in picking up wet leaves versus dry, and we had to clump them five miles further away this. Fall, which meant one less truckload per day. With four trucks working ten weeks, this means 200 loads behind, and another contributing factor was a sanitary sewer break last month, which took the men off leaf pickup detail. REPORTS - Storm Water. Drainage Rock Ridge Area. Town Engineer Felix Fidelibus submitted the following report; December 14, 1983 Drainage Evaluation, East Branch of Blind Brook from Bobbie Lane to South of Acker Drive, at discharge end of Twin 60" culvert South of Acker Drive. -- The flooding problems experienced along and East of Rock Ridge Drive upstream from Acker Drive were addressed with the proposal of diverting the Iocal street storm j drainage system from discharging into the ponding area of the East Branch Blind Brook between Acker Drive and Bobbie Lane along Rock Ridge Drive. Field work consisted of collecting the elevations of the pipeline flowlines, catch basin and manhole collection and discharge elevations, gutter, pavement and curbline elevations. The problem that presently exists in the street drainage system which discharges from catch basins in the street through easements from Rock Ridge Drive into the E. Branch Blind Brook ponding area is the lack of sufficient slope in the street systems discharge pipelines, and lack of slope in the ponding area, zero (0') feet in 1500 feet! 0200 The proposed plan prepared from the field data v_rifies that there is insufficient slope in the present system. Therefore, a diversion system to eliminate discharge of the storm water from the street system was designed to cut off the discharge lines on Rock Ridge Drive from Bobbie Lane to Acker Drive, run a parallel trunk line on the Last side of Rock Ridge Drive to a point downstream on the di::rharge side of the twin Sixty (60") culvert. The surface runoff from approximately 60 acres of the 367 acres received by the -- twin 60's will be diverted ahead of the twin 60's by constructing alternate "B". However, the diversion pipeline will have only three (3) feet (1" in 40') different in elevation in 1350 feet and will cost approximately $125,000. Alternate "A" will receive surface runoff from approximately 40 acres of the 367 acres received by the twin 60's to be diverted ahead of the twin 60's. The diversion pipeline will have fouz (4) feet (1" in 161) difference in elevation in 750 feet and will cost approximately $70,000. Alternate "B" is 808 below the minimum requirements for gradient or slop6.criteria in pipelines for drainage, and AIternate "A" is 508 below the minimum requirements for gradient or slope criteria. The proposed diversions will reduce flooding providing the present East branch of the Blind Brook channel is lowered in elevation from a point 500 feet North of Bobbie Lane to South of Argyle Road cluvert, or a thtal of 3000 feet. This will provide a drop of five (5) feet in elevation of the channel bottom at, a cost of approximately $1,000,000. It is my recommendation that the diversion as proposed will not accomplish flood control measures to satisfy the problems experienced by the residents on the East-side of Rock Ridge Drive from Bobbie Lane to Acker Drive. ( - EI,IX N. F)'OEL�IDUS Villaye Engineer enc. Site Plan _ Cost Date The Mayor thanked Mr. Fidelibus for his report and requested that copies be provided for all the Board Members. BOARD MEETINGS. Trustee Mario Nardi said that tonight's meeting was held at the Ridge Street School with the hope that it would attract more residents of that area to attend, however the same people who always attend are, the only ones here, and therefore made a motion, which was seconded by Trustee Zak - RESOLVED that all Board Meetings be held at the Village Rooms, 111 South Ridge Street, Rye Brook, New York. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTIONS. Tax Exemption for Senior Citizens, The Mayor explained that this is consistent with New York State enabling legislation, the Town of Rye passed a Resolution, as did School District H S . On the motion of Trustee 1larris, seconded by Trustee Meiskin, 0201 BE IT RESOLVED that pursuant to the provi Sions of Sections 467 and 467 (d) of the Real Property Property Tax Law, real property owned by one or more persons, each. of whom is sixty-five (65) years of age or over, or real property owned by husband and wife, one (1) of whom is sixty- five (65) years of age or over, shall be exempt from - - taxation by the Village of Rye Brook for Village general taxes, as hereinafter provided. Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed. SECTION 2. Extent of Exemption. (a) for assessment rolls prepared on the basis of a taxable status date occurring on or after January 1, 1983, but before Jan- uary 1, 1984, the exemption shall be as follows: PERCENTAGE ASSESSED MAXIMUM INCOME VALUATION EXEMPT EXEN111'1'1ON ELIGIBILITY PROM TAXATION Not more than $10,500.00 50 Per Contum Greater than $10,500.00, but not more than $11 ,000.00 45 Per Centum Greater than $11,000.00, but not more than $11,500.00 40 Per Centum Greater than $11,500.00, but not more than $12,0110.00 35 Per Centum Greater than $12,000.00, but not more than $12,500.00 30 Per Centum Greater than $12,500.00, but not more than $13,000.00 25 Per Cuntum Greater than $13,000.00, but not more than $13,500.00 - 20 Per Centum SECTION 3. Qualifications for Exemptions. No Exemptions shall be granted hereunder: (a) If the income of the owner or the combined income of the of the property for the income tax year immediately preceding tho date of making application for exemption exceeds the sum of the maximum income e.,emption eligibility level for the granting of par- tial exemption from real property taxation as provided herein. In- come tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the calendar year, where title is vested in either the husband or the wife, their combined income may not exceed such SUM. Such income shall include social security and retirement ben- efits, interest, dividends, total gain from the sale or exchange of a capital asset which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of in- come; 0202 (b) -Unless the title of the property shall have been vested in the owner or one of the owners of the property for at least twenty- four consecutive months prior to the date of making application for exemption, provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested sol* in the survivor by virtue of devise or by descent from the deceased husband or wife, the time of ownership of the property by the de- ceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of twenty-four consecutive months provided further, that in the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property the time of ownership of the property by the trans- feror spouse shall be deemed also a time of ownership by the trans- feree spouse and such ownership shall be deemed continous for the purposes of computing such period of twenty-four consecutive months and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner j or owners and taken by eminent domain or other involuntary proc- eeding, except a tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption and such periods of ownership shall be deemed to he consecutive for purposes of this section. Where a residence is sold and replaced with another within one year and is in the same assessing unit or municipality the period ofownership of the former property shall he combined with the period of wonership of the replacement residence and deemed consecutive for exemption from taxation by each such assessing unit or municipality, provided, however, that where the replacement property is in the same assessing unit but in another school district the period of ownership of both properties shall also be deemed consecutive for purposes of the exemption from taxation by such school district. Notwithstanding any other provisions of law, where a residence is sold and replaced with another i, ithin one year and both residences are within the state, the period of ownership of both properties shall he deemed consecutive for purposes of the exemption from tax- ation by a municipality within the state granting such exemption; (c) Unless the property is used exclusively for residential purposes; (d) llaless the real property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners Of the property. SECTION 4 . Exemption Continued. The real property tax exemption provided for herein on real property owned by husband and wife, one of whom is sixty-five (65) years of age or over, once granted, shall not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least sixty-two (62) years of age. 020 SECTION S. Application for Exemption. Application of such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the state board to he furnished by the Assessor of the Village of Rye Brook and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in such Assessor's office on or before the Town's taxable status date. SECTION 6. Notice Required. (a) The Village of Rye Brook shall notify, or cause to be noti- fied, each person owning residential real property in the Village of Rye Brook of the provisions hereof. Such notice may be met by a notice or legend sent on or with each tax bill to such persons . reading substantially as follows: "SENIOR CITIZENS:" If your annual income is less than $13,SOO.00 you may be eligible for senior cit- izens tax exemption. Senior citizens have until June 1, of each year to apply for such exemption. For information please call or -write the Assessor's Office, 'town of Rye, 10 Pearl Street, Port Chester, NY 10573, (914) 939-3566. (b) At least sixty days prior to the appropriate taxable status date, the Town Assessor shall mail to each person who was granted a senior citizen exemption on the latest completed assessment roll an application form and a notice that such application must be filed on or before taxable status date and be approved in order for the exemption to be granted. The Assessor shall, within three days of the completion and filing of the tentative assessment roll, notify by mail any applicant who has included with his application at lease one self-addressed, prepaid envelope, of the approval or de- nial of the application; provided, however, that the 'Town Assessor shall, upon the receipt and filing of the application, send by mail notification of receipt to any applicant who has included two of such envelopes with the application. Where an applicant is entitled toa a notice of denial pursuant to this subdivision, such notice shall be on a form prescribed by the state board and shall state the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. (c) Failure to notify, or cause tobenotified any person who is in fact eligible to receive the exemption or the failure to mail any such application form or notices or the failure of such person to recive any of the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person. SECTION 7. Exemption for Scho,d Tax. The "exemption provided herein shall apply to school taxes, pro- vided the applicable school districts shall have prior to the tax- able status date occurring on or after January 1, 1984 adopted a resolution pursuant to Sections 467 and 467 (d) of the Real Prop- erty Tax Law, providing for such exemption. Notwithstanding such resolution, the exemption from taxation for school tax purposes shall not be granted in the case of real propertl where a child resides if such hind attends a public school of "elementary or secondary education. '020: SECTION 8. Violations. (a) Any conviction of huvi.ng made any wilful false statement on the application for such exemption, shall be punishable by a fine of not more than one hundred dollars and shall disqualify the app- licant or applicants from further exemption for a period of five years. (b) Notwithstanding any inconsistent provisions hereof, the collection of any amount of tax erroneously exempted due to an in- correct statement in an application for exemption shall be enforce- able in the same manner provided for the collection of delinquent taxes pursuant to the provisions of Article Ten of the Real Property Tax Law. (c) Any fine levied pursuant to paragraph (a) of this subdivision shall he paid to 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 RESOLUTIONS. Inter agency agreement S.E. Consortium. This is an agreement between the S.E. Consortium for special services in Mamaroneck, Pelham, Rye Brook, Rye City, Scarsdale, Eastchester and Port Chester to provide a special recreation program for disabled individuals. On the motion of Trustee Nardi, seconded by Trustee Meiskin,. RESOLVED that upon the recommendation of the Recreation Commission, the Mayor be authorised to enter into an agreement with the South East Consortium for Special Services, Inc. to provide a special recreation program for disabled individuals. BE IT FURTHER RESOLVED that the Treasurer be authorised to pay the South East Consortium for Special Service Inc. $2,078.98 from the Rye Brook Recreation budget for their services. It was explained that anyone can attend any program in any of the nine communities, and this money is not intended to cover transportation, that comes out of the General Fund, appropriated as needed. Fundraisers and Federal Funding provides additional monies for the program. Tom Hroncich is on the Board of Directors, and has input. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTIONS. Prisoner Transportation. On the motion of Trustee Zak, seconded by Trustee Harris, RESOLVED that the Mayor be authorised to enter into an agreement between the County of Westchester and the Village of Rye Brook providing for reimbursement by the County for prisoners transported between Rye Brook and the Westchester Department of Correction, and BE IT FURTHER RESOLVED that said agreement shall commence on Monday October 17, 1983 in accordance with the zone plan set out in Appendix A. 0205 Trustee Meiskin voting AYE -- Trustee Nardi voting AYE Trustee Harris doting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTIONS. Greivance Day, On -the motion of Trustee Nardi, seconded by Trustee Zak, BE IT RESOLVED that the Board of Trustees shall sit as i Board of Assessors pursuant to Section 1406 of the Real , Property Tax Law on Tuesday, February 21st, 1984 to hear greivances in relation to assessments at the Village Rooms from 6 p.m. to 10 p.m. It was explained that this date is statutory. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTIONS. Sewer Bids. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the Village Clerk be authorised to advertise for bids for the E.P.A. Sewer Rehabilitation Project, as per plans and specifications provided by U.R.S. Company Inc. This project was started five years ago, the entire sewer system is to be rehabilitated, and Westchester County is the agency handling it. Port Chester, Harrison, Rye City are all involved and we must advertise for bids, receive bids and apply for reimbursement. Bids to be received by January 24, 1984. Leaks in pipes and manholes will be sealed. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE ,. -' Trustee Zak voting AYE �. Mayor Kabcenell voting AYE RESOLUTIONS. Resignation of Village Auditor. UI ? On the motion of Trustee Zak, seconded by Trustee Harris, i RESOLVED that the resignation of Robert Alperstein, as Village P Auditor, be accepted with regret, and BE IT FURTHER RESOLVED that the auditing function will - - hereinafter be performed by the Village of Rye Brook Board of Trustees. Mayor Kabcenell reported that Mr. Alperstein has been a most diligent worker, without compensation, however pressure of business makes it impossible for him to devote the time necessary, The Mayor expressed sincere thanks for his efforts and recommendations. Trustee Meisking voting AYE -- Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE. Mayor Kabcenell voting AYE RESOLUTIONS. Appointment of. Assessor. - On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that Kenneth White be appointed Assessor for the Village of Rye Brook. 'i 0206 The Mayor stated that Mr. White had been interviewed by the-Town of Rye, Village of Port Chester and Village of Rye Brook, and would commence duties as of January 1st. 1984. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell thanked Tom Hroncich of the Recreation Department for a very successful Sing-a-long held at Crawford ' Park, directed by George Trautwein of Blind Brook High School a great time was had by all. The meeting adjourned at 10.30 p.m. --. HAPPY NEW YEAR TO ALL! ! ! ! ! ! SPECIAL MEETING OF THE RYE BROOK VILLAGE BOARD HELD AT THE VILLAGE OFFICE ON THURSDAY DECEMBER 29th 1983 @ 6.30 n m PRESENT: Mayor Kabcenell ABSENT: Trustee Meiskin Trustee Zak - Trustee Nardi Trustee Harris The Mayor opened the meeting. lie requested Special Assistant George Morrow to act as Clerk and take minutes. The Mayor also asked each Trustee whether he had suf- ficient notice of the meeting. All their replies were affirmative. The Mayor stated that he had called the special meeting for the purpose of dis- cussing and acting upon a contract for the collection and disposal of garbage and refuse within the Village of Rye Brook. Copies of the contract prepared by the Village Attorney, Georgia Kramer, and signed by Tom Carlucci for Carlucci Sanitation were presented to the Trustees for their consideration. The following resolution was offered by Trustee Zak and seconded by Trustee Harris: - - - WHEREAS the Village by virtue of the-power and authority vested in it did adver- tise by notice dated October 25, 1983, and again by notice dated November 22, 1983, for bids for garbage collection and disposal pursuant to specifications approved by the Village, and WHEREAS the contractor submitted the only and lowest bid based upon the specifica- tions, and M-1EREAS the Village has the authority to enter into a contract for garbage and rubbish collection and disposal, and N7iEREAS the Village has the authority to negotiate with the lowest bidder to ob- tain terms more favorable to the Village, and WI-IZ.REAS the Village did negotiate with the Contractor who was the lowest bidder, NOW THEREFORE BE IT RESOLVED that the Mayor be authorized to sign the agreement between the Village of Rye Brook and Carlucci Sanitation entitled Contract Between the Village of Rye Brook and Carlucci Sanitation, dated December 27, 1983, and referred to as contract No. 1-84, I BE IT FURTHER RESOLVED that the Village Treasurer is authorized to pay Carlucci ' Sanitation equal bi-monthly installments of $25,000 on the 1st and 15th of each - month, commencing on January 15, 1984. The Board was polled on the forgoing resolution, with Trustee Zak voting AYE Trustee Meiskin Absent Trustee Nardi voting AYE Trustee Harris voting AYE Mayor Kabcenell voting AYE A copy of the contract is annexed to these minutes. Upon resolution of Trustee Nardi, seconded by Trustee Zak, the special meeting was adjorned.