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HomeMy WebLinkAbout1982-12-28 - Board of Trustees Meeting Minutes REGULAR MEETING OF THE VILLAGE BOARD HELD DECEMBER 281:11, 1982 AT THE MEETING ROOM OF THE RYE RIDGE SHOPPING CENTER AT 8 PDI. Present: Mayor Kabcenell Trustee Meiskin 'Trustee Nardi 'Trustee Harris Trustee Zak _ . Attorney Kramer Clerk Smith Treasurer Brandy The meeting was called to order at 8 pm. 'The salute to the flag was conducted by the Mayor, and Mayor Kabce.nel.l thanked Trustee Mario Nardi who had the Village Flag donated by a friend, Mr. Al Evans of Aberdeen, North Carolina, president of the Evans Company, manufacturer of flags. Mr. Evans has also offered to make the official flag for the Village as soon as we have a design. The minutes of the November 15, Special Meeting and Agenda Meeting, the November 23rd Regular Meeting, and the December 9 Public Hearing Meeting, were accepted as presented. OLD BUSINESS. Mayor Kabcenell recommended approval of bills Lotalling .'9564.70 and on the motion of Trustee Meiskin, seconded by Trustee Zak, BE IT RESOLVED that the Board of Trustees approve the payments totalling $9564.70 made by the Town of Rye on behalf of the Village of Rye Brook as shown on the Town's Warrants U 74 and 11 75 dated September 23rd, 1982. Trustee Meiskin voting AYE Trustee Nardi voting AYE 'Trustee Harris voting ATE Trustee Zak voting AYE Mayor Kabcenell voting AYE REPORTS AND CORRESPONDENCE. A totter from Mayor Peter lasil.lo was Tea requesting permission to use certain portions of Village roads for the 'Third Annual Run for H.E.L.P. Road Race staged by the Village of Port Chester. A resolution in this connection will be introduced at the next meeting. An invitation from First Lieut. Charles F. Daley to the Mayor and Board of Trustees to attend the biennial installation of the chief engineers of the Washington Engine $ Hose Co. No. 4, Inc, on January 1st 1983 w:is read. A letter advising that the Town Board of the 'Town of Rye at a meeting held on December 16th, 1982, referred the matter of Flood Control of the East Branch Blind Brook to the Rye Brook Village Board, with particular emphasis on the flooding of homes in the Rock Ridge Drive Area. Mayor Kabcenell requested copies of minutes of the numerous prior meetings covering this matter, in order to catch up, as well as requesting recommendations from the Town Engineer, and if necessary from outside engineers. Trustee Nardi reported that lie represented the Village at the tying in of the Port Chester Water Works and the Westchester Joint Water Works, where aconnection was made for Westchester .Joint Water Works to supply water to Rye, Port Chester and Rye Brook. Trustee Nardi also stated that .Assemblyman. Perone will be filing for retroactive aid for the Vilinge. Trustee Harris reported that lie attended a meeting held by Mr. Perone to put the NITA on notice that there was considerable interest in alleviating problems with wheel inspections on commuter trains. The need was felt for additional funds from the State and passage of a surcharge measure willforestall any need this year to increase costs for commuters. 9y SIGNS. Highway Superintendent Donald Brown reported that we now have signs directing people to the Village Office, and that he has ten street signs ready to be installed when the Board decides where they would like them. SENIOR CITIZEN TAX EXEMPTION. Notice of publication having been ac now1edger , the following Resolution with regard to Senior Citizen Exemption Limits was introduced. WHEREAS, the State of New York permits granting of partial exemption from real property taxation for senior citizens aged sixty-five or more and WHEREAS that State of New York has recently amended the Real Property Tax l.:.na to permit the local taxing jurisdiction to increase the maximum income exemption eligibility level for the granting of partial exemption from real property taxation for senior citizens aged sixt-five or more, and WHEREAS, the amendment allows senior citizens to maintain eligibility pursuant to income if said income does not exceed the sum of Ten thousand Five hundred Dollars ($10,500) per year; and WHEREAS, it is deemed to be in the interests of the Village to permit partial exemption from real property taxation and to set the maximum income exemption eligibility level. at Ten thousand Five hundred Dollars ($10,500) per year for persons aged sixty-five or more: NOW THEREFORE, on the motion of Trustee Harris, seconded. by Trustee Zak, it is RESOLVED, that the Village of Rye Brook, New York hereby permits the partial exemption from real property taxation for certain persons aged sixty-five or more and hereby sets the maximum income exemption eligibility level for the granting of a partial real property tax exemption to certain persons aged sixty-five or more at Ten thousand Five hundred Dollars ($10,500) per year, consistent with. Section 467 (a) of the Real Property Tax Law. Trustee Meiskin voting AYE 'trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE ZONING BOARD OP APPEALS. Appointments were deferred until the January meeting to obtain more information for the ordinance. ARCHITECTURAL BOARD OF REVIEW. Attorney Kramer felt that the appointments to this Board could.be made by LocaL Law or by Resolution and that a Law should be enacted at the next meeting. A resolution to appoint the members was introduced and on the motion of Trustee Harris, seconded by Trustee Zak, BE IT RESOLVED that the following appointments to the Rye Brook Architectural Board of Review shall be made, and shall serve for the term indicated, term ending May 31st. Walter Niles. . . . . . . . . . . . 1.983 Dominic V. Accurso. . . . . .1983 Floyd Caplan. . . . . . . . . . . . 1,984 Ed Sprunger. . . . . . . . . . . . .1984 ,John Maiello. . . . . . . . . . . .1985 Alan Briskman. . . . . . . . . . . 1.985 Amerigo Liberati. . . . . . . .1985 BE IT FURTHER RESOLVED that Walter Niles is appointed Chairperson of the Rye Brook Board of Architectural Review. Trustee Meiskin voting AYE Trustee Nardi voting AYI: Trustee Ilarris voting AYE Trustee Zak voting AYG Mayor Kabcenell voting AYE Mrs, Edna Gantner asked if neighbors could he advised if an application for a building permit is made, and if any precautions are being taken to protect aesthetic values. - Attorney Kramer advised that of the request does not conform to the ordinance, a variance would be needed and in that case neighbors would be notified. Trustee Moiskin felt that the provision to have joint meetings of the Planting and Architectural Review Boards will help. Ken Meller felt that the decisions made by the individuals on tho lioards be liberal enough so that people will not shy away from what could turn out to be a dictatorship telling them what they can do. Mayor Kabcenell thinks neighbors' involvement should be encouraged, cluster housing can be demanded of a developer, so things are changing. J ..I . Lawrence suggested an announcement with agenda items, so that people interested could make a point of attending. Attorney Kramer advised that there could be recourse to a Court from a decision, byt the Village Board would not upset - a decision on a single unit, perhaps on a larger development, they would have some input. - Mayor Kabcenell pn.inted out tout the appointees were responsible people from the conmiunity, not an adversary group. John Maiello felt sure that with compromise everything could be. worked out. Mayor Kabcenell thanked everyone who offered their services and sent resumes. 'Trustee Zak pointed out that as terms expired other people would be called upon to Fill the positions. Viloa Netson_on Loch Lane said there was no-one south of Westchoster Avenue, no minority and no woman appointed, and Trustee Nardi pointed out that she had complained previously that no-one from District 4 were appointed to this Board of Architectural Review, Mrs. Nelson is now questioning geographic distribution. Mayor Kabcenell stated he was very grateful to all the volunteers - all capable people who will serve the community well . lie thanked them for attending the meeting. VILAGI; .AUDIFoR. WIIBRGAS the Village of Rye Brook is desirous of creating the office of. Village Auditor, on the motion of 'frusteo . Nardi., seconded by Trustee Moiskin, NOW TIIGR1:fORE BB IT RFSOLVFD that the office of Auditor for the Village of Rye Brnol. is established and that the Auditor is horoby vested with al.l powers permitted by Sections 5-524 .uul S-S26 of the Village Law of the State o New York, and FURTHER RESOLVED that pursuant to Village Law Section 5-524 (4) , claims shall be verified by the oath of the claimant or his duly authorized agent, and FURTHER RESOLVED that pursuant to Village Law Section 5-524 (6) , payment in advance of audit claims may be made for public utility services, postage, freight and .express charges. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE - Mayor Kabcenell voting AYE APPOINTMENT OF VTLLAGE AUDITOR. On the motion of Trustee Zak, seconded by Trustee Harris, BE IT RESOLVED that Robert Alperstein be appointed to the office of Village Auditor, and that he serve for a term of one official year until 5/31/1983, and FURTHER RESOLVED that the previously approved procedure for approving and paying claims be amended to provide for the auditing and authorization to pay by the Village Auditor. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PUBLIC OFFICIALS INSURANCE. On the motion of Trustee Harris, seconded by Trustee Meiskin, BE IT RESOLVED that the Village Auditor, members of. the Board of Architectural Review, Planning Board, Zoning Board of Appeals be added to the Public Officials Liability Insurance Policy of 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 CON EDISON RAPE INCREASE REQUEST. WHEREAS it has come to our attention that Con Edison is seeking a substantial rate increase, and WHEREAS the rates charged by Con Edison are already extraordinarily high, on the motion of Trustee Zak, seconded by Trustee Harris, BE IT RESOLVED that this Board urges the Public Service Commission to reject the Con Edison electric rate - increase request, and FURTHER RESOLVED that this resolution be sent to the State Legislators as well as to the Public Service Commission. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE: Mayor Kabcenell voting AYE 31_ RULES OF ORDER. Mayor Kabcenoll deferred discussion until t e-January meeting, making it item # 1 on the agenda. Goldie Solomon, a resident of Part Chester asked when the Village would take over services, so that Town costs can be cut, Mayor Kabcenell explained that the Rye Brook budget was separate from the Town, and that a decision would be made by June 1st regarding the mechanism of the operation. FIRE. PROTECTION. In response to an inquiry, Mayor Kabcenell reported that meetings were going on with Port Chester, and we have every reason to believe a new contract will be -- entered into. Edna Gantner, Fdgewood Drive, asked ifthismeant that as of midnight 12/31/82 we will have no fire protection. Mayor Kabcenell replied that there was no indication by anyone that fire protection will be discontinued. Ile pointed out that we have not had a legal signed contract since 1952. Mrs. Gantner asked the Mayor if he could guarantee that there would be fire protection on January 1st 1983. He responded that since the Board members live here too, they have the same concerns, and if the Village did not provide it, the Town is obligated by law to provide it. The Village would like to formalize a contract and is working on thin; with the Village of Port Chester, and that they are trying to make up for 30 years of not having a contract. Nelson Rodriguez said that the discussions should be open to the public, Mayor Kabcenell disagreed, but on the persistence of Mr. Rodriguez, Trustee Meiskin suggested lie get a written opinion. Joe Pellino complained that the light at Lincoln Avenue and Westchester Avenue is far too short for cars entering from _. Lincoln Avenue. Trustee Zak said the State, which controls the light, is studying the possibility of a right turn sequence. Trustee Zak made the suggestion that we have two meetings combining-Agenda and Regular, instead of one Agenda and one Regular meeting per month. . Harriet Halsey, Winding Wood Road, questioned no report on payments and the Mayor advised that the new Village Auditor will take care of payments, and that a year end report will be made avai.laGle at the January meeting. Mrs. Halsey also questioned the lack of cross-reference (Rye Brook - Port Chester) by the telephone company. Trustee Zak said that it is only done for a limited time, possibly three months and that a stroke record of calls made by the telephone company will determine when this cross reference ceases. Viola Nelson, Loch Lane, introduced the issue on non payment of back taxes discussed at a recent Town Board meeting. Some people owed as far back as 1970, and over a six month period they collected $200,000, and that a list of delinquents includes some appointed people, she said. She felt that if they do not pay taxes, they should be deprived of services. Mrs-. Kramer, Village attorney said an In Rem sale should have taken care of it. Real. Property Tax Law and State Law covers, and we would have to activate procedures. We will check out the numbers. Town Councilman Fred Gioffre who was present, said the Town Board was doing that. January 11th was announced as the next Agenda Meeting at the Village Office at 8 pm. January 25th was announced as the next Regular Meeting to be held at the Port Chester High School at 8 pin. The mooting was adjourned at 9.35 pin.