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HomeMy WebLinkAbout1987-01-27 - Board of Trustees Meeting Minutes VILLAGE BOARD MEETING AGENDA DATE: 87/1-27 1 . APPROVAL OF MINUTES: December 9th and 23rd 1986 . 2 . PUBLIC HEARINGS: 1. LUNDELL PROPERTY (Adjourned from December 23rd, 1986 ) . 2 . UNNECESSARY NOISE LAW (Adjourned from December 23rd, 1986 ) . 3 . SUBDIVISION APPLICATION, GIORGI PROPERTY ON WYMAN STREET BLOCK 22 LOT 4AH391D 4. PROPOSED LOCAL LAW RE DUTIES AND RESPONSIBILITIES OF VILLAGE ADMINISTRATOR 3 . COMMUNICATIONS: 4. DISCUSSION & REPORTS: 1 . VILLAGE COURT 2. ESTABLISHMENT OF FORMULA FOR DETERMINING RECREATION FEES IN CONNECTION WITH SUBDIVISIONS . 3 . CABLE TV. 5 . RESOLUTIONS: 1. ELECTION PROCEDURES ( 3 ) 2. GRIEVANCE DAY 3 . BID FOR SENIOR CITIZEN BUS. 000690 MINUTES OF THE REGULAR MEETING HELD ON JANUARY 27TH 1987 AT 8 P.M. AT THE VILLAGE OFFICE, 90 SOUTH RIDGE STREET, RYE BROOK, NY 10573_ PRESENT: Mayor Kabcenell, Trustees Meiskin, Nardi, Cresenzi, Zak, Attorney Kramer, Treasurer Cortese, Clerk j Smith. i Minutes of the meetings of December 9th and December 23rd, 1986 were approved as presented. I PUBLIC HEARING - LUNDELL PROPERTY SUBDIVISION (Adjourned from December 23rd, 1986 ) . Mayor Kabcenell - approval has been recommended by the Planning Board at their last meeting with certain caveats , essentially the caveats that they wanted considered further had to do with traffic - they had not yet received the report from the County - and drainage, and again they had not yet .I received the report. For information a letter of January 12th from Westchester County Planning Board, part of which relates to this "Pursuant to Section 239L, M & N of the General Municipal Law we have reviewed the proposed 46-unit, attached townhouse cluster subdivision. The 4. 8 acre property abuts South Ridge Street (CR548 ) and Wyman Street, a local road. A park-like open space will be preserved adjacent to the Blind Brook Drainage Channel which abuts the western edge of the property. This site is zoned for R2-F ( 2 family residential, minimum 5 ,000 s.f. lots ) . The WCPB recommends approval of the proposed cluster subdivision. The housing element of the project is consistent with the County' s policy on residential development while the cluster layout preserves the open space character of the County drainage channel and mitigates against the subdivision' s drainage impacts. A mechanism should be established, however, to ensure adequate and continuous maintenance of the proposed Blind Brook green space. The proposed development is compatible with surrounding land uses and will not result in any significant adverse intermunicipal impacts. Access from the local road ensures limited traffic impacts to the abutting county road. A stream control permit must be obtained from the County' s Department of Public Works , and we defer to the recommendations of that department and those of the County Soil and Water Conservation District regarding this aspect of the project. The County' s DPW will also be reviewing the project under the provisions of Section 239K of the General Municipal Law. 0000.91 The County Planning Board' s Urban Form Refinement Guidelines ( 1985 ) places the property in the "High Density Urban 4-6" 1- 287 development corridor. The proposed density of approximately 9 units per acre, while below the range recommended for this Urban Form category, is appropriate given the site ' s topography, surrounding development patterns , and proximity to Blind Brook. Traffic impacts to the County Road are minimized by the local road connection. We support the Village Planning Board in requiring a more generous cul-de-sac roadway width for purposes of emergency access. We support the proposed cluster design as it preserves and enhances the contiguous greenbelt which follows the brook in this vicinity. Provisions for the continuous maintenance of this area should be ensured through either a carefully- considered homeowner association agreement or public dedication of land. Drainage impacts will be reviewed by the County Department of Public Works. We recommend that plans be forwarded to the County Soil and Water Conservation District as well. We condition our approval upon the findings and recommendations of these two agencies. " Attorney Gioffre - a representative of the County is present to answer any questions on drainage. Mayor Kabcenell - we understand that some of these units are now located within the 100 year flood plain and that they will located above the height of the flood plain. Correct. I assume that part of the flood plain will be filled in. Correct. What provision has been made for the retention of the water that is being replaced by soil and building? Bruce Smith - Engineer - we were required to retain on the site, or in the storm drainage system, 115% of the excess runoff . We have provided on a preliminary basis, a design which will retain something more than 2 1/2 times that requirement. The net effect of the grading and construction is that there will be an increase in the elevation of the 100 year flood by approximately 3-4 inches , which does not impact any additional structure within the flood plain, although it will moderately increase the level of flooding on buildings that are already flooded. About 100 feet upstream, the increase will be about 5 inches. Mayor Kabcenell - I find some inconsistency in that the fact that there will be increased retention on the Lundell property. Cross conversation between engineers present covered aspects of this , and it was stated that the only way to eliminate an increase in the flood plain would be to not have any buildings in that area. 000692 � i Mayor Kabcenell - is there any way to deal with the edges of the stream a 100 feet upstream so that it does not impact people living there now. Bruce Smith - the impact appears to be in the garage and probably basement areas of two homes which are at the end of Wyman Street - there is a low wall there and when the water crests and reaches the top of the wall I presume it then spills over and floods an area which is lower. Raising the wall would not be effective, because there is a culvert which would back up. These two homes are below the flood plain, and currently flood to a depth of about 4 feet and after construction that would be increased by a few inches. Mayor Kabcenell - we have made it clear that any purchasers of homes in these compromised areas be made aware of the circumstances, and we have an agreement from this developer that this will be done. Trustee Meiskin - how will prospective purchasers be advised that they will be .in a flood plain? Attorney Gioffre - we have agreed to provide some form of disclosure, one of the ways is in the offering plan which a prospective purchaser is required by law to receive. We can show the flood plain on the map, the location of the given dwellings on the site in relation to the flood plain, and the specific caveat with respect to those given to the buyer in some fashion more than just the formality of going to the Clerk' s office. Lenders require that in cases such as this , that they be provided with flood insurance. Trustee Nardi - how many units are going to be in the flood plain? - Eighteen - I have a problem with allowing something to be developed which is going to worsen an already bad situation. Mayor Kabcenell - the other major consideration is traffic. The County made some recommendations at the last meeting about how they felt the traffic problems should be addressed. A diagram showed the right side of South Ridge on the bridge over I287 being painted to move traffic into the center lane, away from the Wyman Street intersection, which would permit cars coming out of Wyman to come out further for better visibility, and widening that part of Wyman on the curve to the right, would create an access lane to flow into the traffic on South Ridge, so that cars could bypass a car waiting to make a left turn to go north on S.Ridge. The County has said that there is no need for a traffic light, and we would have to get approval for these proposed improvements from them. Trustee Cresenzi - the units on the north side of the property are in excess of 140 feet long, that bothers me with 000 69,3 respect to the homes that abut that property in the rear would be looking at a massive structure. Perhaps the plan could be flipped. Mr. Walmsley - we have scaled down the units from the original design, to create additional open space. The footprint area of all construction has been brought down from about 20 .8% to about 18. 80, which is actually less than would result from a conventional 2-family layout. There are elevational changes in the front and back of the building in terms of offsets, so you will not see a long building, there will be setbacks with balconies. The road is not in the center of the property and flipping the plan would not permit the corner property to be worked out. Mayor Kabcenell - what we are saying is that we find the north side far less desirable than the south side and are calling on you to come up with something that would make it more satisfactory. Attorney Gioffre - we are willing to go back to the Planning Board to work this out and try to come up with some alternate schemes and see if they work. i Mayor Kabcenell - what we need now is a motion to provide preliminary plat approval with the reservation presented clearly to the developer that the Board looks with favor on the widening of Wyman in terms of traffic control, providing it will be acceptable to the County, and the Board has a great concern relating to the ambiance and the appearance of this project from the homes on Wyman and would need to to be satisfactory. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the Village Board of Trustees declare itself Lead Agency in the matter of the subdivision application for the Lundell Property on South Ridge Street. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the Village Board find a negative environmental impact in the matter of the subdivision application for the Lundell property on South Ridge Street. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE 000004 Trustee Zak voting AYE Mayor Kabcenell voting AYE on the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the Village Board give preliminary plat approval to the subdivision application for the Lundell property with caveats with respect to the widening of Wyman and a consideration for the appearance of the back of the units which face Wyman. (Fritz Weidle to prepare resolution) . . . . . . . . . . . . . . . . . . . Prospectus to list flooding potential and to be carried forward with the deeds, Recreation fee agreement Georgia Kramer - Is there going to be a prospectus for a homeowners association? Yes. Mayor Kabcenell - .we want prospective buyers to know what the circumstances are. Trustee Nardi - at whose cost would the widening of Wyman Street be done? Mayor Kabcenell - Not the Village ' s. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Ken Heller - Is the park available to the public? Mayor Kabcenell - We haven' t resolved that, obviously the developer would like that to be part of a recreation facility, the Village has not assured that they find that an acceptable general recreation area, that's why we have added that there will have to be agreement in terms of recreation requirements . PUBLIC HEARING - UNNECESSARY NOISE LAW. Mayor Kabcenell - this hearing was adjourned from December 23rd, 1986 , however, we are trying to get a little more complete law in making it enforceable and making it understood and so there is some more work to be, therefore I would like to suggest that this be adjourned to the meeting on February 24th, 1987 . On the motion of Trustee Meiskin, seconded by Trustee Zak, 000095 RESOLVED that the Public Hearing on amendments to the Unnecessary Noise Law be adjourned until February 24th, 1987 . Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE SUBDIVISION APPLICATION - GIORGI PROPERTY ON WYMAN STREET BY LOUIS LARRIZZA. John Colangelo - attorney for the developer, we are here for preliminary site plan approval, pursuant to the recommendation of the Planning Commission. At this point the property is legal non-conforming garage with various other accessory commercial uses . We desire to put residential units on this property, a cluster type development, which maximizes open space, and will result in economy of construction costs, this means we are hoping to provided more economical housing, which is sorely needed. Another major consideration is tax implications for the Village, this type of cluster development will provide almost double the taxes than a development of two family houses. It would remove the commercial character and the truck traffic which now occurs on Wyman Street and would improve the value of the adjacent properties. Mayor Kabcenell - this proposal was before the Board in terms of making a determination of acceptable number of units and this Board accepted fourteen ( 14) units in terms of density. The Planning Board is recommending preliminary subdivision and site plan approval of Wyman Street North Town House Project by Louis Larrizza for the purpose of holding a Public Hearing to determine the following: 1. That a cluster development in this case is for the overall benefit to the community in accordance with the Village Law. 2. That the Village Board be made aware that while only a small portion of the site is in the 100 year flood plain, there have been eyewitness reports of flooding on the site. The Planning Board recommends that records of Fire, Police and Highway departments be checked to very such reports. 3 . That the Planning Board feels notification of the adjoining residents and municipalities of the Public Hearing is a valid vehicle for bringing this information to the surface. 4. That if preliminary plat approval is granted it be referred back to the Planning Board so that information gathered at the Public Hearing, engineering, flood control 000696 and submission to Westchester County agencies can be studied in depth for the Final Plat. We should also take into consideration that this has been before the Planning Board for about 17 months . Ralph Mastromonica - Architect - we are proposing 14 units, townhouses with fee simple ownership, a cul-de-sac, parking would be one garage, one driveway and one offsite parking space per unit, and one extra - a total of 49 spaces. For deliveries and emergency use, there is ample parking along the cul-de-sac. There are only two neighbors in the immediate area. All utility connections are available in the area. We propose filling the site an average of 2 feet, and comparing this cluster with a conventional development, we have a 21% improvement in open space. The existing buildings on the site have a total floor space of 17 , 678 sf and we propose a greatly reduced amount. We don' t disagree that may have instances of flooding, but we have discovered that there is a culvert which is the entire discharge of the Washington Plaza parking lot; and we would be rechanneling this on our site, if we have to, through a pipe directly into the brook. We have calculated runoff and after development we will have 500 less impervious area. Mayor Kabcenell - The County recommends that the lowest finished floor of all the townhouse shall be at least one foot above the 100 year flood level, the existing brook walls shall be replaced where needed and set back away from the brook approximately 5 feet in the area of the culvert, and all leaders shall discharge into dry wells of adequate capacity. I should also point out, as we did with the previous development that if that main driveway remains a circular pattern, it will probably be required by the Village to be a fire lane to preclude any parking on it. We will get a recommendation from the Fire Chief on this. Ralph Mastromonica - we plan to build the road to specifications and to dedicate it if the Village so desires. Ken Heller - this pieces of property is basically a holding pond in a flood situation, and if it is filled in, it should be in the record that 1 1/2 acres or more of water is going to be going into the brook, which will affect the houses downstream. On the motion of Trustee Cresenzi, seconded by Trustee Zak, RESOLVED that the Village of Rye Brook declare itself Lead Agency in the matter of the subdivision and site plan application for the Giorgi property on Wyman Street. Trustee Meiskin voting AYE Trustee Nardi voting AYE 000097 Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Meiskin, seconded by Trustee Cresenzi, RESOLVED that the Village of Rye Brook declare a negative environmental impact in the matter of the subdivision application for the Giorgi property on Wyman Street. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE on the motion of Trustee Meiskin, seconded by Trustee Cresenzi, RESOLVED that on the recommendation of the Planning Board, the preliminary subdivision and site plan for the Giorgi property be approved and referred back to the Planning Board for definitive site plan approval subject to all caveats (resolution to be prepared by Fritz Weidle) . . . . . . . . . . . Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE PUBLIC HEARING - PROPOSED LOCAL RE DUTIES AND RESPONSIBILITIES OF THE VILLAGE ADMINISTRATOR. Mayor Kabcenell -Since the information has just been distributed, I would like to hear a motion to defer this until February 24th. on the motion of Trustee Meiskin, seconded by Trustee Nardi, RESOLVED that the Public Hearing to discuss a proposed Local Law covering the duties and responsibilities of the Village Administrator be postponed until the meeting to be held on February 24th, 1987. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE 000698 DISCUSSIONS AND REPORTS. VILLAGE COURT. I Yt Mayor Kabcenell - A brief history of what has gone on/terms of the Village Court. The Village of Rye Brook was incorporated in 1982 . At the time of incorporation and throughout 1982 and the beginning of 1983 all services were provided by the Town of Rye. In 1983 , the Village assumed the responsibility for and the governance of many of its functioning units heretofore provided for by Rye Town, namely: Police, Public Works , Building, Recreation Departments, and the contractual relationship with the Port Chester Fire Department and Carlucci Sanitation Service. In 1984 , the Rye Brook Legal Advisory Committee consisting of four volunteers was asked to examine the issues related to Rye Brook assuming control over its own court system. The report issued on August 28th 1984 was received by the Village Board, discussed at and read into the minutes of a public Board Meeting. The recommendation of that committee was as follows: "The Village Legal Advisor g g y Committee recommends that the Village of Rye Brook institute its own court system. This action would be consistent with both the principles underlying the formation of Rye Brook and the practicalities of local government. " Subsequent to this, the Village Board acted at a public meeting on June 25 , 1985 as reported in the minutes: "On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED that the Village Board proceed toward the formation of a Village Court for the Village of Rye Brook. Trustee Cresenzi voting AYE Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE" At the time of this meeting the Village Offices were located in one room at 111 South Ridge Street. One of the knowledgeable people upon whom the Board of Trustees called to help with their deliberations on this issue was Rye Town Judge Bruno Gioffre who provided most cogent information. Whereas Judge Gioffre indicated that he favored the formation II 000699 of a Rye Brook Court, he indicated that our facilities there in the County Office Building seemed inadequate. He expressed that the justice system needs a physical as well as a legal dignity. The Board of Trustees seemed to agree with this suggestion and implementation of the court was deferred. In response to this , consideration was taken in the design of our present Village offices . The architect was instructed to provide for the physical facilities for a court in our present offices . The architect used the present Rye Town combination Meeting Room and Court Room to help design the Rye Brook offices in terms of space and layout. During the designing of these offices, Judge Gioffre was shown the plans and he made helpful suggestions as to the placement of doors , position of the raised platform and the use of the conference room for consultations. The Police Department made input into the design to facilitate the movement of prisoners into and out of the courtroom. These suggestions were incorporated to the greatest extent practicable into the final design. The issue of the establishment of a Rye Brook Court was further raised publicly when it became a prominent item of discussion during the last election campaign in February and March of 1986 . Therefore, since this issue has been before the Board for two and a half years and since this Board acted in favor of this issue more than a year and a half ago, I believe that it is obligatory on our part to now resolve it. Because the budget for the 1987-88 fiscal year is now in preparation, this is a particularly appropriate time for a decision. Since this is for discussion, I will simply take the prerogative to speak first and very briefly. Everyone should certainly have an opportunity. I believe the Village of Rye Brook would benefit from its own court system for the following reasons: 1. The rights of the residents to select, directly or indirectly, their own municipal officials is what Rye Brook is all about. It was incorporated for just that reason. To allow the principles of such an important system as a court system to be selected by those from other communities is inconsistent with all we have worked for these last five years. 2 . In each instance in which we have assumed control of various departments , their function and their relationship to our residents has improved. This is particularly so since everyone has been located here in the same offices . The constant interchange among the various departments has enabled them to recognize the special problems and potentials of each other. This kind of interchange and dialogue among 000700 our judges and members of the various departments and our Boards and Commissions could make for significantly improved services to our residents. 3 . The Village Attorney, acting as our Prosecutor and Police Officers are required to be present for court hearings. These often involve delays and interruptions . Their presence in these offices could be utilized much more effectively than their biding their time at the Rye Town Court on Pearl Street in Port Chester. Trustee Meiskin - I would like to comment. I want to thank you very much for a very, very concise expression of your feeling and history as you perceive it. I picked up up some disagreements, some inaccuracies, but that' s to be expected. I would like to read some of my own concerns into it. Appromixately some time ago, this Board including myself, voted to approve the concept of a Village Court for Rye Brook. At that time there were some unanswered questions to be further explored. I ' ll bring those in in a moment. The Trustees agreed with the concept of a Court subject to research on costs. and other implications. Under discussion is the thought, of implementing a Village Court now, and as such, take one more step to make the Village a complete and independent body. I am not in favor of this proposal for the reasons among others, that follow. Costs - the actual budget for the Rye Town Court of two justices, a clerk, plus court related expenses in the 1987 budget is. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$66 ,127 . 00 composed of salaries for two judges @ $18 , 160 .00 each a clerk $15 , 257 . 00 expenses of $ 2, 550 . 00 plus benefits of approx. $12,000. 00 Against that expense is anticipated revenues of $13 , 000 from fines etc. The net cost to the Town to operate a Court is $53 , 000 . Having a Rye Brook Court will not eliminate the Rye Town Court. That court will continue to exist, hopefully at a lower cost, but it will continue to function. The above costs speak only to the operations of the Rye Town Court for a year. In addition, the. proposed Rye Brook Court will cost Rye Brook residents 2 judges, a clerk, law library, plus benefits . Let' s now examine the physical facilities that were alluded to in the history. It is now available to the proposed Rye Brook Court. Examine this room, this would be the courtroom. In addition there would be a need for judges ' chambers, court clerk' s office, storage for records and files , a jury room, an area for lawyers and clients to confer etc. Sure, we could make do with squeezing into the Mayor ' s ®00701 office, squeezing into the Village Clerk' s office and squeezing into the general office, using the recreation office, but I believe that the same arguments that held true then regarding the lessening of respect for the court system and the justice court would hold true with that kind of squeezing in. I also believe that within a short period of time, there would be pressure and need to redesign the physical facilities so that a proper court could function. I don' t know what the financial cost of this redesign would be, but having just completed the Village offices at a cost far in excess of what "experts" told the Board to expect, I am concerned with any costs relative to physically altering this ares. I also note that Port Chester just went through part of a redesign of their courtroom facilities and one of the things they had to do was upgrade their law library. We would have to create a new law library here for the court. A courtroom in my opinion must have a uniformed officer to maintain decorum. There are many heated feelings expressed in a court and the presence of a uniformed police officer is a necessity. It has been stated that we could do with a desk officer for Rye Brook being in the vicinity. I ask you to judge that. Look down the corridor - do you see an officer in sight? Look at the distance and visual sight of the desk officer to the proposed court. Additionally there is only one desk officer on duty. Does he leave that place and come into here, if he could even see or hear what' s happening in here? Or do we incur additional charge for an additional officer in this proposed court? I am also against duplication of services. Currently the Rye Town court has two elected judges , Judge Bruno Gioffre and Judge John Colangelo, respectively of Rye Brook and Port Chester, I have the greatest respect for both justices. I have not heard negative complaints regarding the operation of the court that services Rye Brook. In fact I have heard positive comments regarding the fairness and understanding of these judges. I cannot see how I can support an additional government function with additional costs and taxes when the present court is functioning in an excellent manner and at minimal cost to the residents of Rye Brook. As I stated before, the Rye Town Court would continue to function and if Rye Brook had its own court we would have two courts, servicing the same people at expanded costs. In reviewing the concept of a court for Rye Brook, the name of Judge Bruno Gioffre has been placed in the forefront as probably the best, most experienced Rye Brook resident who would run for election as a Rye Brook justice. I agree with this and since Judge Gioffre is currently serving the needs of Rye Brook I see no reason to implement another court. For the above stated reasons among others , I cannot support a Village Court. If in the future, these factors change , I will certainly be one of the first to study, review these stated positions , and then take a position that I feel would benefit the residents of Rye Brook. I am firmly opposed to a court 000702 at this time. Trustee Nardi - I would just like to say I am on the record as favoring the formation of a Village Court. At the proper time when we have the proper facilities. I don' t see any crying need for a Village Court at this particular time. I do see a need for some other things in this Village which I feel. are of a higher priority. To get our office administration in place, we have a new administrator here who is to get his feet wet yet and reorganize our governmental structure here. I think these are priorities that we should address and take care of before we start a new court. A new court will bring us many problems in this facility which I don' t want to repeat, I think Milt Meiskin made them perfectly clear, I just don' t think that we have the proper facilities to run a proper court here and I think we would overtax the Village services and the Village offices as they are presently constituted. For that reason I would be opposed to forming a court at this time, but I still feel that when the time is right, and when we have the proper facilities here, and when we have other things taken care of I will be among the first to want to support this court. Trustee Zak - I am in favor of the court actually, just like everyone else, but I don' t think this is the proper time. I think we have other priorities , I think there are a lot of priorities we have, and I think probably at some future time a court is feasible, possible and will be here, but not at the present time. Trustee Nardi - I would just like to add one thing - I have talked to a number of people in the community about whether we should have a court or not and how they felt about it and the general response that I got was "it would be nice, but it' s not urgent" . It' s not an urgent priority and that' s why I can' t see any rush for it right now, and I don' t see any demand for it in the community. Trustee Cresenzi - I agree with Stan, I think that some time in the future Rye Brook will have a court of its own. We 've got to get some staffing problems taken away first within the village offices , I think our new administrator has really got to get to know the ropes of the village a little better through some experience here, and I think that the cost factors have to be addressed. We don' t know right now what the costs would be because we would be in control in some respect as to what the cost would be by the salaries we paid, and so on down the line, so I think we really have to look at those two issues. Mayor Kabcenell - it is very clear - I would just like to Provide information. Everybody knows how everybody stands so its easy. I think one of the problems in the information we are dealing with has been an assumption that the Rye Town 00070 Court expenses are a prototype. Milt shared with you some information about it. However, I think they are really an anachronism rather than a prototype. For instance, and I only have a few, five or six, in Croton with a population like ours, the cost of the court is $75, 000 , the income is $80 ,000 . In Scarsdale, with twice the population, the cost is $125 ,000, the income is $185 , 000 . In Ardsley, the cost is $30 , 000 , the income is $40 ,000 . In Briarcliff, the cost is $15 ,000 , the income is $21 , 000 . I am just doing this for information. If I were going to do a cost analysis , and this has not been done, obviously, until the Village Trustees feel that it should be implemented, it isn' t done, but everybody else seems to be making money. I am not suggesting that ' s a reason for a court, I am suggesting however, that since everyone else comes out with more income than expense, that we probably should be dealing with, in terms of our development of figures, with what everybody else is doing, and perhaps the Town Court is not the prototype for expenses. For information, too, if we had a court, as Milt points out it would be necessary that the Town must continue to have a court. Criminal cases would be treated here, civil cases have a choice of jurisdiction, and I thinks its true at the present time that probably most of the civil cases now in the Rye Town Court are from Port Chester, and if I am correct, it is because their own court calendar is so crowded that they choose that, but the Rye Town Court must continue to exist by law. Trustee Meiskin - I 'd like to thank you for those figures, they' re very illuminating. I think New York City is also in the area of making money, in fact they tell their police officers to go out and earn their salary - make sure you give tickets. I don' t know how these sums were arrived at that show a profit but I do know that our philosophy in this community is that we don' t tell our police officers to get into a whole mode of harrassment. We are a residential community, we know each other, we obey the law, we function as a law-abiding community, with police enforcing the law and I would hate to see building up revenues to support a court or a police system, and I don' t know, I just bring this out for information, it has to be explored, whether this be a modus operandi of those communities you mentioned or how they get it, but I think these are all factors that should be looked at and weighed as we look at the future of where we go. We are bringing out some questions and some concerns , and I would hate to indict Scarsdale or Ardsley or those very good communities as being ones that increase revenue at the expense of residents, but I do think we should find out how they do it, and whether it is applicable to this kind of community. Maybe it is, maybe it isn' t, but there are a number of unanswered questions. Mayor Kabcenell - I believe you Milt, I just have to say that you can' t be on both sides, you can' t say it' ll cost money 000704 and it' s bad when you make money and it' s bad. Trustee Nardi - on the question of the revenues that you showed in those municipalities, are those the net revenues retained by the municipality. Mayor Kabcenell - those are budget figures , so they are net. Trustee Nardi - I find those figures hard to. . . . . . . . Mayor Kabcenell - they are available to everbody, they are in their budgets. Barry Fischer - resident - I was on the original committee, it seems longer ago than three years , when we looked into this , and spent some time on it, and made a recommendation at that time that it seemed first for purely philosophical reasons that a court was an important thing to do, perhaps not an urgent thing to do, but an important thing to do, because it was the final piece in putting this village together and I remember the concept which I think the Mayor articulated absolutely right and I accompanied him to a presentation with the Daily Item to discuss this philosophy. First and foremost, Rye Brook was formed so that the people that governed us in all respects were chosen by the people who were governed. You gentlemen are all from Rye Brook, I think one of two judges is not sufficient, I think both judges should be from Rye Brook, and I think that is fully consistent with other elements of this village. As to the urgency question, I am somewhat perplexed, the last debate I attended on this , and I am not a regular attendee so perhaps I missed something, it seems almost two years ago, one cna hardly say this- is a rush to judgement. I hope that the Board doesn't consider this moving fast, because that' s a very bad omen for the future. The other thing that disturbs me and disturbs me a lot, is that I sat at a meeting in which the whole Board as the Mayor correctly recited, quoted the record, for this proposal. Now I ' ve heard all of you explain why you are walking away from that, but what troubles me is , I remember when three members of this Board ran for re-election and as the Mayor points out, the issue of the court was an issue, and I recall reading in the Westmore News, interviews with the Mayor, Trustees Nardi and Meiskin. their positions on the court, and strangely when they were running for re-election, they didn' t say any of these things. Trustee Meiskin I remember vividly, talked about whether we should have one judge, two judges, appointed, elected? Those are reasonable questions , but I didn' t hear that tonight. I hear we' re back to beyond square 1 , and it' s very obvious where everbody' s going, but it gives me some pause and it' ll give me a lot of pause come the next election time, because I now know that what people say at election time may not be what they say once they are elected. 000705 Trustee Meiskin - I 'm not going to respond to that simply on the basis that I think that Mr. Fischer is trying to . . .whatever he' s trying to do is obvious , but what I do want to respond to to is that any elected official, who, on looking at more facts and on researching the record, and gathering more information, because as you stated there was some question of one judge or two judges, but as you explore more and more, any elected official who doesn' t stand able, is unable to gather more facts , evaluate them and then change his or her mind, shouldn' t be elected, because anyone who takes a position and stays in concrete in that position has a great deal of inflexibility. I understand your pique, I do understand that you were on the committe that made the recommendation, I can understand why you might be disappointed that we haven' t acted directly an it, but we did raise questions, and we searched out more information, I do know I explored it very extensively and came up with a statement. It doesn' t mean that you have to agree with me, it doesn' t mean that I have to agree with you. But this is a statement as I feel that duplication of services is not essential to the Village of Rye Brook and the same services that we currently, have which are excellent by all information I receive, should not be duplicated. Trustee Nardi - I just want to point out that contrary to what Mr. Fischer is saying, I haven' t changed my position on the court, I still feel that at some point in time the village should have a court. For the very same reasons that I did not want a court when we were at 111 South Ridge, are the same reasons I do not want a court here, because I don' t feel that these facilities here are much more adequate than what we had a Ridge Street fopr a court, and until we are ready to do whatever improvements have to made in this office and to take upon us the expense that will be incurred, I don' t think we should have a court. Jared Scharf, Avon Circle - I was an assistant DA in the Bronx for three years, a Federal Prosecutor in the Dept. of Justice for 7 1/2 years, I tried cases from all around the US, 25 states approximately from Hawaii to the Virgin Islands , every place I went, I was in court in the jurisdiction that had it ' s own court, I wasn' t next door, and to me it would seem that the most relevant consideration, would be one that I haven' t heard discussed yet, which is whether or not we have an adequate case load to support a court. If we do, then I don' t see that it is a duplication of services , because village cases would be tried in the Village Court and not in the Town Court, therefore it wouldn' t be a duplication of services, so if the caseload is there, I think we ought to have a court. Trustee Meiskin - In 1985 the following court cases took place in the Town of Rye, there were 361 parking cases , 399 other traffic moving violation cases, 69 other civilian kind 000706 of cases , 65 other civil cases , for a total of 1356 cases, and that court services Rye Brook and part of it would encompass some of the cases which came from Port Chester. Do we need another court? In my judgement again, No. In answer to a question - probably 950 of those cases are Rye Brook. Traffic violations on state roads are included, if they occur in the village. Gene Strum - you gentlemen certainly know how I feel about representative government, I am not sure how I think that applies to the judiciary system, as far as elected judges , but that' s a different subject. Certainly, philosophically we should be electing our judges. No question about it. I also see what has gone on with the village government, moving from one building to another, you have an item on the agenda tonight about the . . . . . . . .village administrator, very confused. . . . . . .much to be done, you want further studies. Certainly administration of the court proceedings, court employees, court clerk, ordering the library, and how the court works, this is part of that administration. You are not seemingly ready to take on more duties when you really haven' t got your system down to handle what we are still learning to handle today, and I think that the time is not right to form a court. Philosophically, it is right, Rye Brook should have its own court, but the time doesn' t seem to be now. Ken Heller - I am concerned about the swallowing that is going on in Rye Brook, we had reference tonight to the fact that these offices cost extremely more money than anticipated that was because there was a rush to get into here, there Hadn' t been sufficient planning, or even any public discussion. We have a number of staffs in this community which are working by themselves, they have no secretarial help, no administrative help, we don' t have to go through the Boards, we don' t even have a Village Engineer at this point, in other words we are working lean, mean and without sufficient backup, but what really disturbs me, knowing Scarsdale and the other villages , in order to support a court, you have to have the ordinances so that you bring people in and fine them for all sorts of minor discrepancies in order to support this and make a profit, because the money that you are going to make on that court is not going to be from the outside, it is going to be from the citizens breaking one or two of your minor ordinances, and if this is the type of community you want, where we' re going to make a profit in our court by passing enough laws so we can catch enough people breaking these things, then of course you' ll make money in your court. . . . . . . . . . .the concept of a court is not to make money. . . . . . . . Mayor Kabcenell - in all fairness, I don' t think anyone suggested that we would try to make money on parking and try 00070 to bilk the people, maybe that' s in your mind, but nobody here made that. . . . . Carl Miller - do we have any idea what we the Rye Town court has taken in and what it has cost for the 4-5 years it has been servicing us, and if we have our own court are we going to be released completely from supporting the Town of Rye Court? Mayor Kabcenell - the Rye Town court must continue to exist. We would all assume it would be smaller in size, but by law, Rye Town must have a court. We must provide for it. What form, is a judgement the Town would have to make. David Sampliner - oriole Place - I have lived here for 31 years. At one time, I thought I lived in a school district, I was a voting member in a school district and thought I had my rights. We came to the School Board and said for three consecutive years you've moved us from school to school to school, Park Avenue to King Street to Olivia Street. we would like to have assurance that there is some stability in our children' s future. A gentleman sitting just as you are sitting now look us straight in the eye and said "it was good enough for our parents, what we' ve got is going to be good enough for you, and if you don' t like it, next year you' ll be in the Washington school. What they were really saying to us was "you really don' t have much rights here, you are those people who are not part of our district, even though you've been made part of our district. " I would never want to stand in front of a bar of justice and look in the justice ' s eye and say to myself, I wonder, am I getting a fair shake? I wonder is my identity someone from the Village of Rye Brook appearing in a court that is not voted in by the citizens of Rye Brook. So although it may not be economically feasible at this moment, I ask you to think very seriously about what your obligations are to those of us who have elected you to office, and I think you should think seriously at this moment of refining your figures, determining whether Milt' s figures are correct, or if Jack' s figures are correct, or whether there is a combination of the two figures , and I think you should not defer it and table it from meeting to meeting, and generation to generation, because institutions, once they start to get established, fall into a rut, and what this year may be a novelty, thinking of a toen court or village court, five years from now, may come up again and someone looking straight in the eye and say if it was good enough for the other people, it' s good enough for you. I don' t want that ever to happen. I want you to think very seriously of what you are doing right now and that is , are you thinking of the future of the Village of Rye Brook? You probably don' t have enough figures in front of you now, from what I hear, you don' t agree on any of the sets of figures , so I urge that you 00Q7 do exactly that and put it on your agenda to bring out if you must be at your next meeting, but to come to come conclusion what are actual facts at this moment and what you feel the future of the village is. I think the future of the village is what it was described to be - independent, self-reliant, vital, growing, you do your planning for your housing, your planning for your streets, your planning for flood control, do your planning for our justice. Give us a shot, we would like to think that we do belong to a community in which we have all the services rendered to us by people whom we elect. If you can' t do it at this meeting, and I don' t think you can, I would hope that you give a little more consideration and get us some more facts and come to a decision that will favor the majority of the entire village. Trustee Nardi - first of all, the people in Rye Brook do participate in the election of the justices in Rye Town. David Sampliner - We also participated in the election of that school board, but we were outvoted approximately 6-1 . I think we will still be outvoted x-1. Trustee Nardi - I don' t see your analagy with the school board, because it is one school district, but the other point - we seem to be getting hung up on numbers, on dollars, and I don' t think the majority on this Board is opposed to forming a Court right now because of the cost figure, I am ready to pay for a court, I don' t expect a court to be self- sustaining, I am ready to pay for it, when the time is right, and the time to me is not right now because I don' t think we have the proper facilities here to run a proper court. And that' s the reason why I am in favor of deferring it at this point, not because its going to cost us money. Morton Smith - let me say, first, that some months ago, I was asked if I had any interest in possibly being a judge in Rye Brook, I expressed that. I want to state that I no longer have that interest. What I am going to say, I am going to say as the person considered the principle architect in the design of this Village, and I am going to tell you gentlemen right now, that you have not lived up to what we formed this village for. You are sitting here in many cases arguing about sillier, petty arguments than I have heard in years. Mario, let me tell you, I have tried cases for 30 years , now, I have tried them in living rooms, I know that people who know what' s going on helped design this place. I know for example that the door being placed there was done deliberately for two reasons, one, so that the judge could come through, and secondly to take prisoners through so they wouldn' t have to go through the public area. Do you know what we are running a risk of when we go outside? A person is arrested for a felony charge in Rye Brook, he has to make an appearance most times down in Port Chester. What does that mean, out of the lock-up here, into the car, downtown, 000709 out of the car, up the stairs , back here. Today the Daily Item reported a breakout during an arraignment in Yonkers this afternoon. You are running a dangerous risk. . . .With regarding to the question of costs . We are not making money, our job is not to make money. Our job here is to provide service. I want to hear Mr. Meiskin tell me what his arguments were about cost of effectiveness when we hired the last police officer, was it cost effective to hire a police officer, can you put a dollar and cents value on it? You provide a service. With regard . . . . salaries , I agree with the Mayor, Rye Town is not the typical example of the court system. There are only two villages in this county that don' t have their own court and we are one of them. We didn' t create this village to be a second class citizen. What I truly do not understand what has happened. Sal - it was less than two months ago, you and I talked in Rye Ridge and you said, yes I 'm for the court, yes the police want a court, and you said to me that you had heard complaints from members of the Zoning Board that they were not getting the zoning laws of this village properly enforced, and therefore we should have a court. Tonight, you' re telling me you' re too busy, and you. are quoted in the paper that when all of this gets straightened out with Mr. Russo, then you' ll have a clear head. Sal, you don' t mean you don' t have a clear head now? You must tell what is causing all these problems - I am trying to explore what has caused you to change your mind suddenly. I do not understand. 0007.1.0 We have just passed a Burglar Alarm Law. The fine is "Not to exceed $250 . 00 per day" . It is outrageous to think that we are going to spend money to enforce that law and have the violations go to the Town of Rye. That is an absolute shame when we hear rumors, and I haven' t checked it out yet that 40 summonses were issued for violations of a parking lane and dismissed. There has to be a reason for the dismissal, but that' s what is making the rounds in the police department. That they are not getting the enforcement. People in this village who have legal problems that would come within the jurisdiction of this village should not have to go outside this village to have them adjudicated. We didn' t form this village for that purpose. Trustee Nardi - Mort, you mentioned the fact that it is dangerous for us to have our felons transported from here to the Rye Town court. That is a common procedure in many municipalities, the Town of Harrison for example, does not have its police station and jail in the same building as its court, and they have many more cases than we have and they transport them,, that doesn' t seem to be a problem for them, so I don' t know how serious a problem that is. Secondly, you talk about people, experts who were here to design this place. Where did they design a place for the judge ' s chambers, where is the court clerk supposed to stay, where are we supposed to file all the records? We don' t have room for what our own needs are now without a court. We are hardpressed right now without a court. Where are we going to put these, where did the experts put all this place? You seem to have a lot of knowledge of what was done here, I hope you' ll share it with us. Morton Smith - you don' t need a separate judge' s chamber, Mario, we have a law office, we have an office of the Village Attorney, we have a Mayor ' s office, we have a conference room, we have Assistant to the Mayor' s office, we have a Village Clerk' s office, we have a lot of offices , certainly we don' t need trappings, trappings don' t make a court. What makes a court is the spirit, the desire to serve the people, that' s what makes a court. You don' t need trappings , you don' t need all these separate things, we' re not running a luxury operation. Trustee Nardi - why then didn' t we form the court when we were in Ridge Street. Morton Smith - because you didn' t want to. Trustee Nardi - for those very reasons. Everybody seemed to agree. Morton Smith - Mario, I suggest that no-one, certainly I couldn' t support anyone for public office who wants to float a bond issue to building a couple of more court rooms. That 000711 does not make sense to me, this is a perfectly adequate facility for a court. I tell you, if you travel up-county a little bit, this is magnificent compared to some places I have been in trying cases . One other item - I want to allude to what Mr. Meiskin said about the Rye Town court and the continued existence, and the double exposure, two factors - the law permits a town which has two judges to reduce that to one, presumably responsible people would do that if we had our own court since we carry 90% of what goes on in the Town Court from Rye Brook, there would not be a need for two town judges; secondly, you know and I know that the Rye Town Supervisor was contacted, concerning that situation of our having a court and was prepared to make budget adjustments along his line to reflect that. So for you to make a statement, sir, that it' s going to be a duplication of costs , 100% of duplication, I find that difficult to buy. Trustee Meiskin - I don' t find your statements difficult to buy at all, simply because you start out your statements with a great deal of misconception and carry all the way through. I am sorry to do this in a public forum but I cannot allow it to continue - Mr. Smith, you were not the principle architect of this Village, 80 people were involved and 7000 people became closely involved and voted for it. You did not form this village. And that' s a self-serving statement you continue to make and that misconception is carried through in all of your other comments. But let me carry on with the other thing, you asked a rhetorical question "what caused you (meaning us as a group) to change our minds?" What caused us to change our minds and I speak for myself, and as I hear the others I listen to what they say, they gathered more information, they questioned their first decision, they said is this the proper time to do it, do we have other things of a more pressing_ need, how much will it cost us , we don' t have any of those facts. Mr. Sampliner said there is obviously a difference of opinion on just how much it will cost, coming from the Mayor and coming from me. How would you expect any responsible legislative body to act without all the facts , and I say to you, that we are trying to gather the facts and I say to you, I 'm sorry Mr. Fischer left because he talked about two years, we haven' t had the facts in two years , we have searched out the facts two years, we're still searching as we talk this evening. So for us to make a decision without all of the salient points answered, without all of the concerns responded to, without the question about what has been responded to, would be unfair to us , would be unfair to the community, would be an abrogation of our fiduciary duty as trustees. Trustee Zak - I agree with Mr. Smith, I think the court would round out the village. I think we all agree we need a court, but we don' t want it now. We all agree we do want the court, at some time or other, but now is not the time to do it. What you are saying is true, we need a court, but there 000 7.12 are so many other things we have to do. Amy Schoen - resident - I wanted to pick up on something Mr. Sampliner said, I am sure not directing it deliberately, however I was a little bit offended by it. I think no matter whether it be the Rye Town Court or the Village of Rye Brook Court, whomever sits as the presiding judge is going to judge fairly and with justice, and I think it matters not which court it happens to be in, and I think that was an oversight perhaps in your statement. Gene Strum - I 've gone to, too many Town Board meetings Mort, to let stand what you said about what goes on with the Town government, yes, a perfectly reasonable town government would have reduced the size of town government when Rye Brook was formed, but the number of employees has risen, the salaries of the Councilmen and the Supervisor have gone up, I really question whether the court expenses whether the number of judges or the salaries paid to the judges would be reduced in the Town. I certainly have no evidence to lead me to that conclusion. David Sampliner - I do want to echo what Milt said, and he said it better than I could, I think you definitely have an obligation to do exactly what you said you were trying to do, but not to let it go on the grounds that now isn' t the time. Now is the time to do everything you said, Milt, get every fact that you possibly can, put it right down on the table so we all can see it, then make your decision. Don' t put aside simply because "now isn' t the time" , I think now is the time to get everything you can possibly get together then make your decision. Don' t let it go, don' t keep tabling it and tabling it,: please for all of our sakes, get the facts. Morton Smith - Milton, I 'm sorry that you get involved in personalities, I 'm trying to talk about issues, and you always come back with personalities. The issue here is whether you are retreating from the basic tenets under which this village was formed, the issue is will we continue to have the rights of our citizens adjudicated by those whom we do not elect, who do not live in Rye Brook. I believed when we formed this village we were forming a first class village, it hasn't achieved it yet. I join Mr. Sampliner in urging you, no more 2 1/2 year delay, get the job done, you can' t tell me you don' t have the time, because you tell the people you have the time for all of the issues . You can certainly appoint committees, you can appoint citizens' groups, you can do it yourselves, but get the job done. Roz Klem - I am having a lot of difficulty understanding something here. Bruno Gioffre has been described to me as an extremely competent and able jurist. so I 'm having a real hard time understanding why justice is not being served to the residents of Rye Brook by a resident of Rye Brook at the 000713 current time, and I have not heard that response indicated here. I 've heard a lot of criticism being levelled, I 've heard implicit criticism that enforcement is not taking place and by the way, if the Board is so unhappy with enforcement, it seems to me a lot easier to speak to the two judges and talk to them about our problems instead of creating a court to do that. I certainly think if enforcement is not taking place in selected areas that a sit down conversation might accomplish what we want in this direction, but I really take exception to the idea that we are not being served by a resident of Rye Brook, when Bruno Gioffre is sitting there. I don' t see how you can reconcile this , he either is a very competent and able jurist or he is not. Mayor Kabcenell - I will ask nobody to comment on anybody' s competency, that is really not the issue. David Sampliner - I agree that' s not the issue at all, because the day after Bruno retires or moves on to something else, will not be the day this group sits down and decides we need a court. We are not talking about one individual, of course he is a competent jurist, we are talking about the institution of a court. Mayor Kabcenell - I would now suggest we terminate this discussion, I share everyone' s confusion, I don' t know what the direction of the Board should be. I understand it said that we should get more information, I also understand that some people don' t think this is an appropriate time, I don' t know if the Board members want to suggest a direction at this time, or we just terminate the discussion. We have never made a point that we don't want to pursue it. Trustee Zak - I- suggest that we terminate the discussion at this time. Morton Smith - Does that mean that you will not get the facts? What does that mean, Stan? Trustee Zak - it means that right now, we just terminate the discussion. Morton Smith - with no direction for the future, with no request that somebody gather the information. Is that what' s going on? Trustee Nardi - I would like to suggest that we direct our Village Administrator to gather some information for us as to what, and I am leaning toward facility, structural improvements would be necessary in this office, not only to accommodate the court, but also to accommodate our present needs for the staff in the village office here and the police department, because we have problems in both those areas and I would like to see recommendations made along those lines to 0007:x.4 accommodate our present needs and incorporate with that what we would need to facilitate a court in the proper fashion. Trustee Meiskin - I would disagree with that, I think our Villager Administrator is just finding his way around here and to impose that kind of burden on him at this time with the lack of other personnel we have in the area, we are still looking for a bookkeeper and it seems to me we have other kinds of needs right now, so I would hate to give that to him as an issue. Trustee Nardi - I 'm not suggesting that it be on the top of his priority list, but I am suggesting that he be directed at some point in the future, when he can accommodate it, to gather this information. This is the reason why I feel this is not the time, because we have other priorities. Trustee Zak - we' ll ask him to put it on the grocery list. Mayor Kabcenell - this thing came up at this, time because we are sitting down now to prepare a budget. I don' t know whether it got misconstrued, it was hardly my intention that next week we have' a village court. Not possible, not practical, that doesn' t make any sense. However, if it is to be implemented in six months, whatever it is, it would be prudent for us to have some kind of thing built in, some kind of consideration in the budget, therefore I 'm not sure and maybe .the Board in future discussion will do it. I 'm not really sure what direction should be taken, I have a feeling some people would be more comfortable if we just didn' t address the issue now. Some others seem to feel that we should gather some information and discuss it further. I am going to take this general non-direction and see where we go with it. Trustee Cresenzi - this Board has a responsibility to the citizens of the village for basic services , to make sure that the streets are plowed, to make sure that buildings get inspected, to make sure that the Boards function - you can get a zoning variance if you need it, you get through Planning Board, that you can get a check from a bookkeeper that exists in the village, when one does exist. We 've got these basic concerns to overcome first, and I truly believe that in order to keep the day to day operation of the village running smoothly, we must address these problems first with a great priority. Once we get these positions filled and we get good policy set in the village from the administrator down through the department heads, then I think we can look in the other areas and address issues such as the court. Mayor Kabcenell - your suggestion, I 'm assuming, is deferring it not discarding it. Trustee Nardi - I think some people here have the impression 000715 that the majority on this Board are opposed to having the court, and I think I 've made my position clear. ESTABLISHMENT OF A FORMULA FOR ESTABLISHING RECREATION FEES IN CONNECTION WITH SUBDIVISIONS. On the motion of Trustee Cresenzi, seconded by Trustee Zak, BE IT RESOLVED that the recreation fee for subdivision of property when land has not been required by, the Village Board, shall be $1750 per dwelling unit plus $7 , 000 per acre. The fee shall be payable upon the signing of the subdivision plat. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTION - AWARD OF BID FOR RECREATION DEPT. BUS. On the motion of Trustee Cresenzi, seconded by Trustee Nardi, RESOLVED that the Wayne Lenox Equipment Co. 109 Central Avenue, Tarrytown, New York 10591 as the only bidder, be awarded the contract for the 16 passenger bus for use in the Senior Citizen and other recreational programs, according to specifications provided, in the amount of $25 ,920.00 to be delivered within 120 days. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Gene Strum, resident - I am a former representative of the village to the Metro North Commuter Council, and I have fought in front of the council realty committee in connection with parking provisions for non-residents. This has come up again and to my knowledge we have no representative on the Council. I would strongly urge that you put. out some feelers and try to get somebody. We are going to be closed out of parking sometime and the village might be thinking toward providing bus service for commuters or looking into whether buses can be used for multi purposes, including the bus you are now getting. Mayor Kabcenell - If we can get some volunteers, perhaps we can do something. Any Schoen - perhaps in the next newsletter, we can suggest that citizens address written complaints to Senator 006716 Oppenheimer and bombard her office, and make her aware that she is responsible to the constituents. ELECTION DAY PROCEDURES - REGISTRATION DAY on the motion of Trustee Zak, seconded by Trustee Nardi, WHEREAS, the Board of Trustees , pursuant to Section 15-118 , Sub. 3 (a, b, c) of the Election Law, is required to designate the hours for the registration of voters, and the date of registration being fixed by law as the 10th day preceding the election, and WHEREAS, the Board of Trustees have determined that more than one-half of voters qualified to vote at a forthcoming village election for village officers were personally registered at the last preceding general election other than a Village election in a single place will be accomplished more efficiently and economically. RESOLVED, that ,in accordance with Section 15-118 (Sub. 9 ) of the Election Law, , the places where the registration of voters are normally held shall be consolidated into a single place as follows: VILLAGE OFFICE, 90 SOUTH RIDGE STREET, RYE BROOK FURTHER RESOLVED, that a single Board of Electors be used for taking the registration of each election district, and FURTHER RESOLVED, that the Village Clerk be authorized to appoint two ( 2 ) election inspectors who shall serve on registration day, and FURTHER RESOLVED, that if said inspectors of election are unable to serve on registration day, that the Village Clerk be authorized to appoint alternate inspectors, and FURTHER RESOLVED, that the inspectors of election of this Village shall prepare a register for such election in the manner provided by law an shall meet on the tenth day preceding the coming annual election, to wit: on the 7th day of March, 1987 at the Village Office, 90 South Ridge Street, Rye Brook, N.Y. between the hours of 12 : 00 in the afternoon of that day and 9 : 00 in the evening of that day, for the purpose of completing said register for such election in the manner provided by law, and FURTHER RESOLVED, that the Village Clerk shall furnish the necessary blank books, in connection with such registration and election at the expense of the Village, and FURTHER RESOLVED, that the inspectors of election shall receive as their compensation the sum of $6 . 00 (six dollars ) 000717 per hour. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE ELECTION INSPECTORS. On the motion of Trustee Zak, seconded by Trustee Cresenzi, RESOLVED, that pursuant to Election Law S 15-116 , there shall be two ( 2) inspectors of election for each Village election district in the Election to be held on March 18 , 1987 from 7 : 00 a.m. to 9 : 00 p.m. , and FURTHER RESOLVED, that the following inspectors are appointed: Marion Meyer - 71 Bowman Avenue, Rye Brook Joyce Meyer 71 Bowman Avenue, Rye Brook Betty Greto 3 West Street, Rye Brook Beth Bandy 11 Lincoln Avenue, Rye Brook Katherine Budinoff 39 Avon Circle, Rye Brook Judy Uhry 19 Rock Ridge Drive, Rye Brook Jean Mendicino 81 Hillcrest, Rye Brook Mildred DiSanto 151 N. Ridge Street, Rye Brook Milly Wolfson 4 Terrace Court, Rye Brook Barbara Nardi 10 Woodland Avenue, Rye Brook Franklin Spear 44 Bonwit Road, Rye Brook Filomena Piro 78 Grant Street, Rye Brook Maria Belden 1 Sunset Road, Rye Brook Earl Aune 60 Windsor Road, Rye Brook FURTHER RESOLVED, that the following alternate inspectors are appointed: Gloria Falk 141 Country Ridge Drive, Rye Brook Agnes Aune 60 Windsor Road, Rye Brook Barbara Feigin 48 Lawridge Drive, Rye Brook June Benerofe 3 Holly Lane, Rye Brook Dorothy Tannone 42 Woodland Avenue, Rye Brook Sissy Sherlock 54 Rock Ridge Drive Rye Brook FURTHER RESOLVED, that compensation for such election inspectors by $6.00 (six dollars) per hour for each said inspector. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE 000719 w Trustee Zak voting AYE Mayor Kabcenell voting AYE ELECTIONS - POLLING PLACES. On the motion of Trustee Zak, seconded by Trustee Cresenzi, RESOLVED, that at the next Village Election to be held on March 18, 1987 , voting machines shall be used, said voting machines being owned by the Town of Rye, and BE IT FURTHER RESOLVED, that is said voting machines are not available, the use of paper ballots is hereby authorized, and BE IT FURTHER RESOLVED, that the polls in each of the seven (7 ) election districts shall be opened at 7 : 00 in the morning and remain open until 9: 00 in the evening of said day, and BE IT FURTHER RESOLVED, that the following polling places be designated for the respective districts: District: #20 A.J. Posillipo Center, Garibaldi Place #21 Port Chester Middle School Main Lobby, Bowman Ave. 022 Blind Brook High School Main Entrance, King St. #23 Ridge Street School Gymnasium, N. Ridge Street #26 Port Chester Senior High School, Neuton Avenue #27 Ridge Street School Gymnasium, N. Ridge Street #29 Ridge Street School Gymnasium, N. Ridge Street Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE GRIEVANCE DAY WHEREAS, the assessment roll of the Village of Rye Brook from the fiscal year 1987-1988 will be filed in the office of the Village Clerk, February 1 , 1987 , where it may be seen and examined by any person at all times during business hours until the 17th day of February 1987 . On the motion of Trustee Zak, seconded by Trustee Meiskin, RESOLVED, that the Board of Trustees sit as a Board of Assessors pursuant to Section 1406 of the Real Property Tax Law on Tuesday, February 17 , 1987 , to hear grievances in 000719 relation to assessments from 6 :00 p.m. to 10 : 00 p.m. , at 90 South Ridge Street, Rye Brook. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell - suggested that the Agenda Meeting be moved to February 17th, 1987 . On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the Agenda Meeting for February be moved to the third Tuesday, February 17th, 1987 . Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE CONSTITUTION AWARENESS YEAR. Mayor Kabcenell - there has been a request that the Board declare this year to be Constitution Awareness Year as part of the celebration of the Bicentennial of the Constitution. On the motion of Trustee Nardi seconded by Trustee Nardi, RESOLVED that 1987 be declared Constitution Awareness Year as part of the celebration of the Bicentennial of the Constitution. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTION RE STATE AID TO VILLAGES. Mayor Kabcenell - one other quick issue - there has been a challenge to the equity of State Aid for cities and villages. It has been clearly documented that villages are getting short shrift - similar populations - City of Sherrill gets $253 ,000+, Village of Attica $59 ,000+ City of Canandaigua $914 , 000+, Village of Newark $181 ,000+ City of Salamanca $718, 000+, Village of Medina $125 , 000+ etc. , etc. It has been recommended to us by the Mayor of the Village of 000no Le Roy that we pass a resolution calling on our Senator and Assemblyman to see that equity is established in State Aid between the cities and the villages. WHEREAS there is a terrible imbalance in New York State' s Revenue Sharing system which results in a heavily slanted favor toward cities without regard to the level of services they provide, and WHEREAS a village with the same population and services can expect to receive substantially less Revenue Sharing funds than a neighboring city, on the motion of Trustee Meiskin, seconded by Trustee Zak, NOW BE IT RESOLVED that the Village Board of the Village of Rye Brook, New York, hereby calls for a new and equitable system of State Revenue Sharing, and BE IT FURTHER RESOLVED that the Village Clerk be directed to send copies of this resolution to the following officials: Governor Mario Cuomo Hon. John L. Marchi, Senate Finance Committee Hon. Sol Weprin, Ways & Means Committee State Senator Suzi Oppenheimer Assemblyman Ron Tocci Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE Mayor Kabcenell asked that the Board move into executive session to discuss personnel matters . The meeting was adjourned at 11. 15 p.m.