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HomeMy WebLinkAbout1983-07-26 - Board of Trustees Meeting Minutes 123 REGULAR BOARD MEETING HELD ON JULY 26th 1983 at 8 P.M. IN THE RIDGE STREET SCHOOL CAFETERIA, 380 NORTH RIDGE STREET, RYE BROOK, N.Y. Present: Mayor Kabcenell, Trustees Meiskin, Nardi, Harris, Zak Attorney Kramer, Clerk Smith. CORRESPONDENCE. - Mayor Kabcenell read letters of thanks in connection with Rye Brook's Anniversary Party from Stuart Field and Kurt Kil.stock, both of London & Leeds, and from Brad Edwards, General Manager of the Rye Town Hilton. A letter of appreciation of all the efforts of the Board and the volunteers from residents Sue and Bob Meltzer, was also read by the Mayor. The Rye Historical Society wrote — "The Rye Historical Society wishes. Rye Brook a happy first birthday! At an early point in our country's history, we were one. This history is preserved in our library. We urge you to appoint a historian as soon as feasible because the events of your genesis should be permanently recorded. Please know that we would be most happy to work with anyone you appoint and will place any documents in our archives for safekeeping until you have your own facilities. History is being made in Rye Brook. Future generations will want to read about it. Very sincerely, Charles Moxhay, President" Mayor Kabcenell quoted from a letter he wrote to Mayor Pete Iasillo of Port Chester expressing dismay onbehalf of the Rye Brook Village Board, at the attack on the village in the aftermath of the bridge collapse on I-95, and complimenting Mayor lasillo on the admirable way he handled the matter, his attitudes were positive, and he exercised control, unlike many of the other politicians, and did a fine job in a very trying time. CHAPSON CORPORATION — REZONING REQUEST, 510 Westchester Avenue. The following letter from Bruno J. Giof£re was read — "Re: Application of the Chapson Corporation Premises: 510 Westchester Avenue. Gentlemen: The Chapson Corporation, G. Holmes McGeory and Daniel Strum, applicants for rezoning of premises located at 510 Westchester Avenue in the Village of Rye Brook, hereby respectfully request that said application be marked "Withdrawn Without Prejudice" at this time. The withdrawal of said application is being made without prejudice to permit the resubmission of said application at a future date, if the applicants so elect. Please be assured that the courtesy and cooperation shown by the Planning Commission and your Honorable Board have been greatly appreciated." Since there were no further comments, on the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the request of the applicants for the withdrawal without prejudice of the application to rezone property at 510 Westchester Avenue, Rye Brook, be accepted. a Trustee Meiskin voting AYE - Trustee Nardi voting AYE' Trustee Harris voting AYE - Trustee Zak voting AYE Mayor Kabcenell voting AYE SITE PLAN PROPOSAL FOR287/BOWMAN PLAZA. Mayor Kabcenell - the site is essentially in Harrison, with a small section in Rye Brook and the request relates to exit ramps to beplaced in Rye Brook. The Planning Board has recommended approval by the Village Board on the following conditions. 1. That the Village Board is satisfied that the Department of Transportation intends to build an off-ramp, as shown in the site plan; 2. That the Village Board is satisfied that the County will use every effort to improve the Bowman Avenue/Ridge Street intersection; 3. That there are two exit lanes from the site, as shown in the present site plan; 4. That the developer should be required, until the Bowman corridor was improved, to restrict right turns from the site on the Bowman Avenue during the P.M. peak traffic hours, to direct the flow of traffic away from the Bowman/Ridge intersection, and that the developer be required to have his tenant(s) enforce such restriction; 5. That the Board should discuss the local traffic situation with School District No. 4 in Port Chester. The proponents are here tonight and we have them the opportunity to make a presentation, although it has been made clear to them that the information will have to be considered before making a decision, and it will be our intention to postpone the Public Hearing until a subsequent meeting. - Jack Geoghegan, attorney for Jerome Weinstein, stated that his client proposed to build the project known as 287/Bowman Plaza, located in Harrison with driveways coming through a parcel in the Village of Rye Brook. A model of the projectwasshown and the sole approval sought tonight from the Village of Rye Brook is for site plan locating the driveway across a piece of residential property. The reason for the building being sited in its designated location is because the site is traversed by Blind Brook, and the building is to be built on stilts with parking above ground so that flooding problems are eased, rather than aggravated, downstream. Under the Zoning Ordinance, the driveway within 100 feet of the brook is a permitted driveway access across RIO property and will be sited at that point. Trustee Harris - has the proponent considered all the conditions achievable, and the response was that they would work in every way possible to achieve them, and that the Department of Transportation has this off-ramp as a high priority on their construction list. Dolf Rotfeld, Engineer, quoted letters from Alfred Del Bello, then County Executive, voicing support for the off-ramp project, stating that it was necessary for the three levels of government to work together, and in a letter to Miss Manning, secretary to the Harrison _ Planning Board, of July 19, 1982, stated "we have taken steps to initiate the ramp project but cannot provide definitive implementation schedule until further project design work and until further coordination takes place withthe Federal Highway Department. - The building was originally intended to front on 287 with traffic entering from Bowman Avenue at the Webb Avenue light, but was shifted. The ramp was supposed to be elevated. We were planning to start in October, 1982 but we are now 8 months behind. The building was shifted so that the parking area could live in harmony with the ramp, because the ramp was supposed to be elevated so as to be above the grade, and we advised the Department of Transportation that we would be excavating for additional retention under the building, so as to protect the CityofRye, and borings showed the fill to be good, .and we would be providing the fill on which the ramp would be built and the developer would be building everythinyexcept the asphalt paving from Webb Avenue to the right of way. . . This is on the County's priority schedule, initiated by Assemblyman Perone and State Senator Pisani and at the primary instigation of General Foods because they and the Rye Town Hilton, feel it would circumvent the circuitous movement for anyone coming from the New England Thruway. The original plan was to enter from a private driveway opposite Webb Avenue and it is costing the developer half a million. dollars to make the changes at the insistance of the County. We would dike to get moving on the project and would like your Board to move on this matter as soon as possible. Water runoff from the ramp will go to catchbasins draining into Blind Brook, then into the large lake which runs back under the building. The height of the proposed building in relation to General Foods, is approximately 95 feet lower. The square footage is 108,000. If the entrance were opposite Webb Avenue it would preclude the ramp from 287 being built, which would ease traffic from I-95 getting to that area without going through Ridge, Westchester and Kenilworth areas. Mayor Kabcenell suggested an adjournment of the Public Hearing until August 9th Agenda Meeting, and copies of the EAF and site plan will be available and perhaps we can have an update on the ramp priority status and the County positionregardingthe Bowman/Ridge intersection. We could also perhaps have a short statement on what the advantages of the ramp would be for Rye Brook. PORT CHESTER WATER WORKS RATE INCREASE REQUEST. The following letter from the Port Chester Water Works was read into the record. June 30, .1983 The Honorable Jack L. Kabcenell Village of Rye Brook 380 North Ridge Street Rye Brook, New York 10573 Dear Mayor Kabeenell: ' For the last few years, we have tried to out for you the financial problems of Port Chester Water Works, Inc. and some of the reasons for our filing of rate cases. In ' order to bring this company into a position of financial health that will allow us to fund future construction projects, including facilities needed toe obtain more water from Westchester Joint Water Works, we today have filed a $1.29 million (28.1%)- rate increase request with the Public Service Commission. I would like to take this opportunity to outline for you • the reason for our request .and what efforts we are under. taking to, continue to provide reliable water service in this area, despite our poor financial condition. Quite simply, our revenues are too far below any realistic level that would allow us to finance new construction. Currently, we are Looking at over $3.1 million in •debt that needs to be funded through bonds. However, since we have not earned a positive return in the last couple of years, there is no market for our securities. This rate case request, if approved, will permit us the ability to finance this debt and once again proceed with important construction projects. I realize that the amount of rate case activity in the last few years may seem confusing to thepublicr however, I ' do hope .that you and other interested members of the public will accept our offer to meet and discuss in detail our financial status and more details of this filing. We are most interested in. proceeding further with purchasing water from Westchester Joint Water Works. However, to be - able to purchase significant volumes of water, new facilities may be needed and at present rates, we simply cannot finance these projects . 1.44 Restoring this' company.to a strong financial position is in the interest of everyone. The company sincerely wants to be able to move ahead with important system improvements, and our customers deserve this long-range planning. However, stockholders who have not received a dividend for the last three years are understandably reluctant to provide new capital without prospects for improved earnings. My efforts, and those of the company, will be to continue providing the day to day service as needed, while planning for future improvements. This rate case petition is an important part of our efforts to continue providing sound, reliable service in the future. We hope you will take the opportunity to review with us this filing. Our hope is that through acloser community - interaction, we can all more fully understand the concerns and needs of the communities we serve. Please feel free to call upon me to schedule a meeting to review our filing and any other questions about Port Chester Water Works, Inc. ' Very truly yours, MEP:cs Maurice Po Manager P.S. You might be interested to know that we have forwarded a complete copy of the filing to Seham, Klein, and Zelman. Mr. Posey then made the following statement - TO: File (Rate' Case 1983) FROM: M. E. Posey On Tuesday, July 26, I attended the Village of Rye Brook ._ Board of Trustees' meeting, at the invitation of the Mayor, to discuss our request for a 28.1% rate increase filed with the P.S.C. on June 30, 1983. I explained the importance of PCWW'being returned to a healthy financial condition and that-bur rate increase request addresses establishing a reasonable rate of return, and reflecting in our rates additional costs which are not reflected in the current rates. I emphasized that PCWW must have a level of earnings that not only allows it to operate day-to-day but invites investment in the future so that the water system that now exists will remain sound if not even better I utilized 3 charts: one reflected the general breakdown of 1982 operating expenses by dollars and percentage; the second reflected a comparison of revenues vs expenses for 1981 and 1982 and also the level of revenues and expenses established by the P.S.C. in its order of March 1982; , the third reflected return on common equity for the years of 1978 through and including 1982. At the conclusion of my comments, several questions were asked by Trustees and members of the audience. Some of the comments reflected frustration by customers who had taken steps to reduce their usage but 'continue to see their bills increase because of higher rates. There were also comments supporting the creation of a water district so that we can obtain more New York City water via Westchester Joint Water Works. At the conclusion of the discussion, I thanked the Mayor for having invited us and giving us the opportunity to more fully explain our request for additional rate relief. MEP:cs �co•—.Y ,_ +y Manager cc: R.J. Gallo, American Water Works S'e d ce Co. Trustee Nardi — has the company paid dividends to the parent company? Mr, Posey — not for the last three years, and in response to a question as to whether 100% of the profits had been paid to the parent company, stated that from 1962 to the beginning of hard times, they had retained earnings of 800 million dollars. He stated that in 1981 they had hired three employees to work solely on leak detection and have very sophisticated equipment available. Current costs are 70%more than 1978. With respect to alternate supplies, Mayor Kabcenell stated that a Proposal to establish a new water district to include Port Chester, Rye City and Rye Brook is moving forward. We hope to increase usage of Westchester Joint Water Works to 42+% — it is now about 20%. Resident Ken Heller commented that would should always be suspect of a wholly owned subsidiary — the parent can always force a lass picture in the subsidiary. Increased prices are resulting in less usage, therefore continuting a loss situation — OPEC proved this theory, and he hoped that the profits resulting from lower cost purchasing would be retained in the Port Chester Water Works and not siphoned off. Mayor Kabcenell — the Town of Rye retains counsel on behalf of the Village of Port Chester and Rye Brook, who is active in responding to requests for rate increases and we will keep in contact with them and report. Nursing Home KingStreet, Sewer Connection This deals with a request from a Nursing Home to connect sanitary and storm sewers to the Blind Brook Sewer System, and we did not have information available at the last meeting of its effect and impact on the Village of Rye Brook. ich enw Gre has approved the building of the nursing .home - 'a two reenw facility - however there is a request for this sewer connection by Transcon. Mr. Fidelibus, our engineer .was away, and he stated he had made some recommendation to Mr. Gioffre in connection with a private enterprise requesting use of public streets, The County of Westchester requires that any public sanitary system application be made by the municipality, and that municipality becomes the owner, and that a sewer system must built wasnoespecificoplanomodate availableyw showing i ngthpnrThere eliecrossingfrom the Connecticut property under King Street to Lincoln Avenue - sone 2000 feet to the Blind Brook Trunk line. The diagram shows two lift stations in LincolnAvenuewhich means they, can't get gravity flow from the site to the trunk line, it has to be pumped, therefore when the municipality accepts the system it accepts the maintence which is considerable, and there should be arrangements made with the developer regarding costs and installation and maintenance as far as usage is, as well as treatment by the County. There are prefab pumping stations which can be located underground and engineers could locate them on the site and only pipeline would be in the streets with manholes. There is a Westchester County fee — a user charge for 25,000 or more gallons per day and this is projected at 72,000 gallons. - The Mayor asked if the County could charge a user outside the state, and if there are standard requirements for gravity flow, and this presents a new problem if the pumping stations are located on the site. Storm sewers are another problem, plans show a retention basin discharging into an existing storm drain on the east side of King Street that flows into a pipe then into an open ditch then into a culvert that goes under King Street then goes into the High Point Hospital property into- a stream eventually leading into the main branch of Blind Brook, Trustee Meiskin said that there were so many questionsand so much new information developing,he. felt the matter should be postponed until we have some answers and then resubmitted to the Board. �a The attorney for the developer, Bruno Gioffre stated he agreed the engineers should have the opportunity of comparing notes on this, it should be understood that the County Engineers and County Health departmenthasseen the plans with the exception of the pumping stations located on the site, and have approved them, but felt that propriety dictLted coming back to Rye Brook first to getan indication from Rye Brook and then it goes back to County Board of Legislators who has a mechanism by way of legislation for allowing this hook-up. It is a matter of protocol that it goes from the local community to the County level and then come back. There have also been discussion between the developer, the County and the. Hines interests with regard to utilisation of this facility by the High Point operation. It is going to be a meshing of non-existent service up there which is necessary for development of the area. The Mayor asked Felix Fidelibus ,in his report, incorporate his discussion with the engineers and the status of the County and what their indications are, so that when we get the report, we have all the information together at once. He asked that we also have a map indicating where the Property is located. Trustee Nardi asked if the County approves this matter, ,and the Rye Brook Board does not, could the County override Rye Brook - Mr. Gioffre said that it was his understanding that they could. The matter was adjourned until more complete information was available, when it would be addressed again. Item 6. Boarding Houses. Related to ordinances and regulations and actual activity re ating to boarders and/or boarding houses. We have asked the Village Attorney to review the ordinances and their adequacy. _ Georgia Kramer stated that there are two issues, Boarders living in private houses and the issue of rooming houses or boarding houses. Boarders are allowed throughout Rye Brook, except in office buildings, two boarders in a one-family home, not unusual in the County of Westchester. We should consider if it is approp, and to do that perhaps a Public Hearing at which people could tell us if they do have boarders - there is no survey of whether boarders do exist or whether that is an economic necessity in a one or two-family zone. We could find out some guidlines - but it needs a survey to find if this is a desirable use, The issue of rooming houses is different. In any 2 F or multi- family dwelling, a rooming house is a permitted use. There is no particular approval that is necessary for a rooming house in. a two family zone. It appears to me that this should be a special permit use - anyone who wishes to establish a rooming house would have to have approval from the Village Board, after review by the Planning Board. Initially I think we should modify the ordinance to make that a discretionary use rather than a use as of right. The other aspect of rooming houses is really a code enforcement issue. Some rooming houses have had violations which have not been corrected which have been allowed to remain and have contributed to deterioration of certain Properties. Felix Fidelibus has been working on enforcement of the code for rooming houses. The compliance is required With the code and it is a matter of having sufficient manpower to follow up on violations and to bring those people to court. Our code does provide that a violation can be a misdemeanor with a $5.0 fine per week. There are other ordinances, particularly in Port Chester, which call for a $100 fine per day. Judge Gioffre who is here, deals with this and has dealt with it in the Town of Rye and the Village of Rye Brook and he might have some suggestions regarding enforcement of the existing ordinances. - Judge Gioffre- stated that one point in the code is that there " " should be two 'non-transient' boarders. The word 'non- . transient' deals with the degree of permanence which is what the code is willing to tolerate because the use of that building for that purpose is in a residential area, so. the idea of transient as opposed to non-transient is one of the areas where there is a problem - -the question of enforcement becomes more difficult. Non-transient boarders means that there is some degree of permanency to the person who lives thereand that that boardee does not have "cooking-facility- use.. "It is a person who lives in a room and occupies it for that purpose. We have a couple of enforcement problems - how. the room is used and whether the person is there on a permanent or non-permanent basis. There -" is another problem that Isee, and that can be addressed as time goes on - the nature of the offense. When the offense is -, established, which is very difficult, because it is often clandestine in nature, I am not certain that a misdemeanor is the proper kind of classification, which is the second highest level of criminal activity in the State of New York. Probably a violation is proper, but with .teeth, it is not the classification of the offense as it is the punishment and the deterrent effect that the punishment has. Boarding houses is very different question, involving numbers Of people and movement which is greater than the non-transient character and therefore the suggestion that they be- allowed by special permit because that gives the Board the opportunity first of all to establish the criteria whereby the permit shall 'be given, secondly to have grmter control over the kind of the nature and extent of the use tobe enforced or the permit revoked.. In both cases, the ..question of enforcement is - difficult and becomes hard be"caust that really,is something which controls the protection of the quality of life as we would like it to be. One of the ways that this is done is by police through routine patrol noting changes of activity at a given location and report them, another is when violations occur they should be acted upon with all Baste and there should be controls exercised through , the Building Dept. and the Courts. Judge Gioffre quoted an instance recently where there were at least three or four families, two kitchens, separate entrances and where there were between 16 and 27 people depending on whose version you accept, moving in and out, with an - admission bytheowner that she knew about it but not much had been done. The matter had been brought to the attention Of the Court by the Building Dept, and the situation has been corrected, but without someone seeing the activity and making the complaint, this is the kind of thing that not only destroys the integrity of the ordinance, makes a mockery of the zoning regulations of the Village, but also encourages others in the community to do likewige. I applaud you with the effort that you are making in this very important area, I think that some of the suggestions could be implemented, I think that some of the changes as to whether one or two boarders will be permitted once the public has been heard. I think the teeth of the ordinance, which is the final recourse is something this Board should consider and would respectfully ask that when you do that - You consider how you classify the offense, to make the job a little es easier so there is the reluctance to brand someone a criminal, and yet an eagerness to enforce the code. - Mayor Kabcenell directed the Village Attorney in cooperation with the Building Inspector to review the existing ordinances, and make some recommendations, maybe a couple of hearings .and - some discussion, perhaps create a mechanism to monitor a program with police cooperation. Compactor Transfer Site. Mayor Kabcenell stated that there was a newspaper report that a suggested location was on Webb Avenue in Harrison, an 8 acre parcel opposite General Foods. He stated that Legislator Pierro andhe himself had been active in every possible area to pursue whether it is a real proposal and to object, if it is. Ile will _keep us posted. - Trustee Zak stated that the former Nike site in purchase is now destined to be a housing development. Mayor Kabcenell thought chat the now unused Air National Guard Building at the Airport mieht be a possibility. Bond Resolutions. Attorney Kramer explained that the bonds cover properties transferred from the Town of Rye to the Village of Rye Brook subject to existing debt, and that debt had been bonded by the Town of Rye and we are now assuming that debt, and these bond resolutions enable us to to take over the debt.. She pointed out that there was .some debt that we could not assume. There was an amount of approximately $466,000 for resurfacing of highways , which our bond counsel has advised us we cannot assume, and will therefore continue to be bonded by the Town of Rye . She also pointed out that very insubstantial reductions in that indebtedness have been made. ' In response to a question from the' floor, it was explained that the Townwas retiring their bonds and we would issue new bonds , and that Trustee Nardi had negotiated a very favorable rate of 5k} because of the conditions of the bond market at the time we took over, which would be retroactive to June ls,t, The Village will have the same rating as the Town, possibly even better since we have the same assessables with a smaller . population, The first resolution ,covered land known as the. Kavey property acquired for drainage purposes. The second covered the purchase of Highway property, the third for acquisition of land for the recreation department, and fourth acquisition of motor vehicles forthe Police Dept. BOND RESOLUTION DATED .JULY 26, 1985 , AUTHORISING THE ISSUANCE OF $41 ,875 SERIAL BONDS AND $2 ,500 CAPITAL NOTES OF THE VILLAGE. OF RYE BROOK, NEW YORK, TO FINANCE THE ACQUISITION OF LAND IN SAID VILLAGE PURSUANT TO THE LOCAL FINANCE LAW OF NEW PORK On the motion of Trustee Harris, seconded by Trustee Nardi, BE 11 RESOLVED, by the Board of Trustees of the Village of -Rye Brook , New fork as follows: Section 1 . The Village .of Rye Brook shall issue its Serial—Bond-sin the aggregate principal amount of $47 ,875 and its Capital Notes in the aggregate principal amount of S2 , S00 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (hereinafter referre to as "purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following object or purpose to be undertaken or completed during or after the year 1985: The acquisition of land and permanent rights in land to be used as a retention basin for drainage Purposes in the Village. - Section 3. The Board of Trustees has determined and herebystates that the estimated maximum cost of such purpose is $47 ,875 and that it plans to finance such cost by the use of (1 ) $2,500 to be raised as current funds by the issuance of capital notes prior to the issuance of Serial Bonds and any bond anticipation notes in anticipation of - said bonds and (2) $47 ,875 by the issuance of Serial Bonds authorised by this resolution, and except as hereinbefore stated , no monies have been authorised to be applied for the financing of such purpose. Section 4 . The Board of Trustees hereby determines (a) that the purpose for which said bonds are to he -issued is described in subdivision 21 of paragraph a. Of Section 11 .00 of said Local Finance Law and that the period of probable usefulness of said purpose is thirty (3h) years, (b) the proposed maturity of the serial bonds hereby authorised is in excess of five (5) years ; and (c) no part of the cost of the specific object or purpose authorised by this resolution has been or shall - be specially assessed on property specially benefited thereby. i Section S . Subject. to the terms and contents of this resolution a—R the LocaI Finonce Law and pursuant to the - provisions of Sao tions 30, 00, 50.00 and S6.00 to 60.00 inclusive of said law, the power to authorise bond anticipation notes in anticipation of the issuance of Serial Bonds authorised by this resolution and the renewal of .said notes, tho power• to sell and deliver said Sprinl Bonds , capital notes and any bond anticipation notes issued in anticipation of the' issuance of said bonds is hereby delegated to the Village Treasurer , the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorised to sign any Serial Bonds and capital notes issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is --- hereby authorised to affix the corporate seal to any of said Serial Bonds ," capital notes or bond anticipation notes "- and to attest such seal . r•.ach interest coupon representing "— interest payable on such Serial Bonds shall be authenticated by the fnc'simile signature of the Village Treasurer, Section 6. When this resolution shall take effect in a manner provided by law, it shall be published in full by the Village Clerk together with a notice in substant.ially the form prescribed by Section 81 .00 of said Local Finance Law and such publication shall be in the Daily Item, a newspaper having a general circulation in said Village , and published in the County of Westchester and State of New York, The validity of said Serial Bonds or of any bond anticipation notes issued in anticipation of-the sale of said Serial Bonds may. be contested only if such obligations are authorised for an object or purpose for which said Village isnot authorised to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action , suit or proceeding contesting such validity, is commenced within twenty (20)days after the date or such publication , or if - said obligations arc authorised in violation of the provisions of the Constitution of New fork. Section 7 . This resolution is subject to permissive ref-eren u—d min accordance with the provisions of Article 9 of the Village Law of the State of New York. Trustee Meiskin voting AYE Trustee Nardi voting AYE - Trustee Harris .voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE -J6,1t/ BOND RESOLUTION DATED TuNff Z ,, 1983, AUTHORIZING THE ISSUANCE OF $109,375 SERIAL BONDS OF THE VILLAGE OF RYE BROOK; NEW YORK, TO FINANCE THE ACQUISITION OF MOTOR VEHICLES FOR THE HIGHWAY DEPARTMENT PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK On the motion of Trustee Harris, seconded by Trustee Nardi, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount. of $109,375 pursuant to the Local Finance Law of New York in order to finance the class of objects or purposes hereinafter described. Section. 2. The class of objects or purposes (herein- after referred to as "purpose" ) to be financed by the issuance of such Serial Bonds includes and is limited to the following objects or purposes to be undertaken Or completed during or after the year 1983; The acquisition of motor vehicles for the use of the highway department of the Village. Section 3. .The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $109,375 and that it plans to finance such cost the by issuance of Serial Bonds in said amount as authorized by this resolution, .and except as hereinbefore stated, no monies have been author- ized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines (a) that the purpose forwhichsaid bonds are to be issued is described in subdivision 29 of paragraph a of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is five (5) years. (b) No part of the cost of the class of object or purposes authorized by this resolution has been or shall be specially assessed on property specially benefited thereby. Section 5. Subject- to the terms and contents of this resolution and the Local Finance Law and pursuant to the provi- sions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to_ authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds, and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is herebyauthorizedto sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds, capital notes or bond anticipation notes and to attest such seal. Each interest coupon representing interest payable on such Serial Bonds shall be authenticated by the facsimile 133 signature of the Village Treasurer. Section 6. When this resolution shall take effect in a manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such Publication shall be in 'IIkE 'yAI�y VV6I4 , a newspaper having a -- general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any bond anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or Purpose for which said Village is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substan- tially complied with, and an action, suit or proceeding contest- ing such validity, is commenced within twenty. (20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York. Section 7. This resolution shall take effect immediately. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE '- Mayor Kabcenell voting AYE To BOND RESOLUTION DATED J-UN �', 1983, AUTHORIZING THE ISSUANCE OF $136,400 SERIAL BONDS AND $7, 240 CAPITAL NOTES OF THE VILLAGE OF RYE BROOK, NEW YORK, TO FINANCE THE ACQUISITION OF LAND FOR THE RECREATION DEPARTMENT PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK On the motion of Trustee Harris, seconded by Trustee Nardi, HE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1 . The Village of Rye Brook shall- issue its Serial Bonds in the aggregate principal amount of $136,400 and its Capital Notes in the aggregate principal amount of $7,240 pursuant to the Local Finance Law of New York in order to f-inance the class of objects or purposes hereinafter described. Section 2. The class of objects or purposes (herein- after referred to as "purpose" ) to be financed by the issuance of such Serial Bonds includes and is limited to the following objects or purposes to be undertaken or completed during or after the year 1983: The acquisition of land andpermanent rights in land to be used for parks, playgrounds or recreational areas of the village. - Section .3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose ,is $143,640 and that it plans to finance such costs by use of (1) $7,240 to be raised as current funds by the issuance of capital notes prior to the issuance of Serial Bonds and any bond anticipation notes in anticipation of said bonds and (2) $136,400 by the issuance of Serial Bonds authorized by this resolution, and except as hereinbefore stated, no monies have been authorised to be applied for. the financing of such pur- pose. Section 4 . The Board of Trustees hereby determines (a) that the purpose for which said bonds are to be issued is described in subdivision 21 of paragraph a of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is thirty (30) years. (b) The proposed maturity of the serial bonds hereby authorized is in excess of five (5) years; and (c) No part of the cost of the class of object or purpose authorized by this resolution has been or shall be specially assessed on property specially benefited thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provi- sions of Sections 30.00, 50.00 and 56 .00 to 60.00 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and 135 deliver said Serial Bonds, capital notes and any bond anticipa- tion notes issued in anticipation of the issuance of said bonds is hereby delegated to the village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds and capital notes issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds, capital notes or bond antici- pation notes and to attest such seal. Each interest coupon representing interest payable on such Serial Bonds shall be authenticated by the facsimile signature of the Village Treasurer. Section 6. When this resolution shall take effect in a manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such publication shall be in '(ME DR,t�r Ireh , a newspaper having a - general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any bond anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authooized for an object or purpose for which said Village is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substan- tially complied with, and an action, suit or proceeding contest- ing such validity, is commenced within twenty ( 20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York. Section 7. This resolution is subject to permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. - - Trustee Meiskin voting AYE Trustee Nardi voting AYE - Trustee Harris voting AYE Trustee Zak voting AYE - Mayor Kabcenell voting AYE 136 BOND RESOLUTION DATED iiu ' PG, 1983, AUTHORIZING THE ISSUANCE OF $31,443 SERIAL BONDS OF THE VILLAGE OF RYE ' BROOK, NEW YORK, TO FINANCE THE ACQUISITION OF MOTOR VEHICLES FOR THE POLICE DEPARTMENT OF SAID VILLAGE PUR- SUANT TO THE LOCAL FINANCE LAW OF NEW YORK On the motion of Trustee Harris, seconded by Trustee Nardi, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1 . The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of $31, 443 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The speci (ic object or purpose (herein- after referred to as "purpose" ) to be financed by the issuance Of such Serial Bonds includes and is limited to the following object or purpose to be undertaken or completed during or after the year 1983: The acquisition of police cars for the police department of the Village, Section 3, The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $31 , 443 and . that it plans to finance such cost by the issuance of Serial Bonds in such amount as authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the the financing of such purpose. Section 4 . The Board Of Trustees hereby determines (a) that the purpose for which said bonds are to be issued is described in subdivision 29 of paragraph a of Section 11 .00 of said Local Finance Law and that the period of probable usefulness of said purpose is not more than five ( 5) years. (b) No part of the cost of the specific object or purpose authorized by this resolution has been or shall be specially assessed on property specially benefitted thereby. D Section 5. Subject to the terms and contents .of this resolution and the Local Finance Law and pursuant to the provi- Bions of Sections 30.00, 50. 00 and 56.00 to 60.00 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and - deliver said Serial Bonds, and any bond anticipation notes issued in. anticipation. of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds , or bond anticipation notes and to attest such seal . Each interest coupon representing interest payable on such Serial Bonds shall be authenticated by the facsimile signature , of the Village Treasurer. Section 6. When this resolution shall take effect in a manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form Prescribed by Section 81.00 of said Local Finance Law and such publication shall be in (�t 461 Z '� a newspaper having a general circulation in said Village, and published in the County of Westchester and-State of New York. The validity of said Serial Bonds or of any bond anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or Purpose for which said Village is not authorized to expend money, or the provisions of law which should be complied with at the date of publication of this resolution are not substan- tially complied with, and an action, suit or proceeding contest- ing such validity, is commenced within twenty (20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution „of New -York. Section 7. This resolution shall take effect immediately. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE ' Mayor Kabcenell voting AYE NEW BUSINESS. — Bids for Police car. We had requested bids for a new police car, according to specifications supplied by the Police Department, and have had only one response, from Pal Chevrolet, Haverstraw, New York, with a trade—in allowance of a 1980 Ford (with 75-80,000 miles which was involved in an accident with damage assessed at $3500) of $601, for a net cost of $9177. Chief Gendalia explained that the Ford was the last of the old series, and we will now have six Chevrolets. JAMES JACKSON DAY RESOLUTION. On the motion of Trustee Nardi, seconded by Trustee Zak, WHEREAS, August 2, 1983, has been proclaimed James Jackson Day, and WHEREAS, James Jackson has served the residents of the Town of Rye and its Villages for over forty (40) years as Comptroller and Receiver of Taxes, and WHEREAS, James Jackson is a valued and honored member of our Community, i NOW THEREFORE BE IT RESOLVED, that the Village Board of Rye Brook extends to James Jackson the thanks and appreciation of all its residents, and BE IT FURTHER RESOLVED that this Board join in proclaiming August 2nd, 1983 James Jackson Day in grateful appreciation of the years of dedication and devotion contributed by this esteemed citizen. Trustee Meiskin voting AYE Trustee Nardi voting AYE 'trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE A reception was scheduled at the Town Office at which a presentation from the Village would be made to Mr. Jackson. HELICOPTER LANDING REQUESTS. There is a request from United Cerebral Palsy Association of West- chester County Inc. to have a helicopter land on the ballfield of the Jimmy Vejar Day Camp in connection with the annual "Color War". It was explained that the Air National Guard used to do it, but they now have Detain come in to give a demonstration. Trustee Meiskin said safety precautions have been taken, and Trustee Nardi felt that this was a worthwhile request for an exception to the Village Helicopter Ordinance. Trustee Zak concurred. On the motion of Trustee Nardi, seconded by Trustee Zak, RESOLVED that the United Cerebral Palsy Association of Westchester County Inc. be granted permission to land a helicopter on their ballfield at approximately 9.30 A.M. on August 1st, 1983, as a special exception to the Helicopter Ordinance of the Village of Rye Brook. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zai: voting AYE Mayor Kabcenell voting AYE 139 A second request for an exception to the Helicopter Law was from the Rye Ridge Merchants' Association for a landing on the back area of the Rye Ridge shopping area the day after Thanksgiving, November 25, 1983, bringing in Santa Claus. A motion by Trustee Zak, seconded by Trustee Nardi was tabled after some discussion that the area was too congested, and that perhaps 0 C an alternative site could be found, possibly the ballfield at the C -- Junior High School. Mayor Kabcenell felt that it was a sales - promotion and that perhaps Santa could arrive on a fire truck. The Clerk was requested to ask the Merchants' Association to suggest alternate sites. SANITATION CONTRACT. On the motion of Trustee Meiskin, seconded by Trustee Harris, WHEREAS, the Town of Rye has assigned to us the contract with Carlucci Sanitation, and - - WHEREAS, the Town of Rye has been paying Carlucci Sanitation on a monthly basis, and WHEREAS, the Village of Rye Brook desires to pay on a bi-monthly basis, NOW THEREFORE BE IT RESOLVED that payments be made to Carlucci Sanitation at the beginning of the service on a bi-monthly bas_is_ _. at the contract rate. -- - - -- ---"-• Trustee Meiskin doting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE �A Mayor Kabcenell voting AYE EMPLOYEE AUTOMOBILE USE. i On the motion of Trustee Nardi, seconded by Trustee Zak, i RESOLVED that employees who use-their personal automobile on authorized village business, be reimbursed at the rate of 23¢ per mile subject to procedures established for payment of such mileage. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE- - Mayor Kabcenell voting AYE This continues the existing practice which has already been budgeted. APPOINTMENTS TO BOARDS. Mayor Kabcenell - Terms of some members of the Planning Board, Zoning Board of Appeals, and Architectural Board of Review had expired, therefore it was necessary to re-appoint them. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that Herbert Adler be re-appointed to the Rye Brook Planning Board, to serve for a term of five years, until the end of the official year, 1988. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that William Castaldo be re-appointed to the Rye Brook Zoning BoardofAppeals to serve for a term of five years, until the end of the official year, 1988. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE On the motion of Trustee Harris, seconded by Trustee. Zak, RESOLVED that Walter Niles and Dominic V. Accurso be re-appointed to the Rye Brook Board of Architectural Review, each to serve a term of three years, until the end of the official year, 1986. Trustee Mciskin voting AYE Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE ANNOUNCEMENTS. Mayor Kabcenell announced that the office had moved to 111 South Ridge Street, Rye Brook, on the third floor, and that the telephone number would be the same, and expressed thanks to Legislator Pierre for his help in consummating negotiations for the space with the County. On behalf of the Board and Village office staff, Mayor Kabcenell expressed condolences to Recreation Superintendent Tom Hroncich and his family on their recent loss. Mr. Carl Miller thanked the Board for being so understanding and considerate of their problems in the Bowman Avenue area. Trustee Zak asked that trash for pickup be put out only on Tuesday evening for the Wednesday pick-up, to be considerate of neighbors and the neighborhood. At 10 P.M. the meeting was adjourned and the Board moved into executive session. AGENDA MEETING HELD ON AUGUST 9th 1983 AT POSILLIPO CENTER AT 8 P.M. Present: Mayor Kabcenell, Trustees Nardi, Harris, Treasurer Brandy, Clerk Smith. Trustee Zak was present for the latter part of the meeting. Absent: Trustee Meiskin 287/BOWMAN PLAZA SITE PLAN. This was adjourned from the July 26th meeting, however the developer has asked for a delay because they have not had time to prepare the necessary documentation. . On the motion of Trustee Nardi, seconded by Trustee Harris, RESOLVED that the hearing be adjourned until August 23rd. Trustee Nardi voting AYE Trustee Harris voting AYE Mayor Kabcenell voting AYE Trustee Zak ABSENT Trustee Meiskin ABSENT 141 POLICE CARS - AWARD OF BID. Mayor Kabcenell - 32 dealers received specifications to bid on 1982 or 1983 new police auto.- prices.for 1984 are not yet available. Chief Gendalia reported that only one bid was received, and that dealer has only one car available. If we do not proceed now, we will.have to wait until after January 1st, 1984, and the present car is in bad shape. On the motion of Trustee Nardi, seconded by Trustee Harris, ' RESOLVED that the bid of $9778.00 less a trade-in allowance of $601.00, for a net amount of $9177, for one 1982 Chevrolet Impala Police Car be awarded, and that a Purchase Order for immediate delivery be issued. Trustee Nardi voting AYE Trustee Harris voting AYE Mayor Kabcenell voting AYE Trustee Meiskin ABSENT Trustee Zak ABSENT TRAFFIC CONGESTION, BOWMAN AVENUE. In connection with persons making a left turn into the Village Savings Bank, the Mayor referred this to the Traffic Commission, suggesting they work with Chief GendaLia, and the Port Chester Traffic Department since it is on the border. The meeting was adjourned at 8.40 P.M. "