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.