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HomeMy WebLinkAbout1986-10-28 - Board of Trustees Meeting Minutes VILLAGE BOARD MEETING AGENDA October 28 , 1986 1 . APPROVAL OF MINUTES: September 23, 1986 2 . PUBLIC HEARINGS: a, Changes in zoning Law b. Changes in Noise Ordinance 3 . COMMUNICATIONS: a. Application for Subdivision - Rosalind and Bernard Klem, 133 Country Ridge Drive, Rye Brook. 4 . DISCUSSION & REPORTS: a. Airport Master Plan b. Posillipo Center Rental Moratorium C. Top Soil Removal - Betsy Brown Subdivision 5. RESOLUTIONS: a. Brook II Ventures b. Rye Brook Housing Application (Lundell) C. Check Issuance d. Senior Citizen Tax Exemption Limitation e. Issuance of Serial Bonds. 000665 MINUTES OF TUE REGULAR BOARD MEETING HELD ON OCTOBER 28th, 1986, AT 8 P.M. AT TUE VILLAGE OFFICE, 90 S. Ridge Street Rye Brook. Present: Trustees Meiskin, Nardi and Zak, Attorney Kramer, Treasurer Cortese. Absent: Mayor Kabcenel L; Trustee Cresenzi, Clerk Smith. Trustee Nardi chaired the meeting in the absence of the Mayor and Deputy Mayor Cresenzi. Minutes of the Meeting of September 23rd were accepted as submitted. PUBLIC HEARING: Proposed changes in Zoning Law. Trustee Nardi - the draft of the proposed changes was received only today and the Board has not really had a chance to go over it. Ile asked Attorney Kramer if she would like to explain the proposed changes. Attorney Kramer - Most of the changes are on the recommendation of the Zoning Board of: Appeals. They include - Definition of Front Yard; Non-Conforming Use; 'terraces, Patios, Decks and Porches. The definition of. Front Yard is fairly clear for ordinary properties, the area of confusion comes in connection with corner properties with a front yard on both streets, which results in varying possibilities regarding side and rear yards. There was some discussion on wording of the definition, and Trustee Nardi felt that the Board was not ready to act on these proposed changes, and suggested that the Public Hearing be adjourned to the November 25th meeting. On the motion of 'trustee Zak, seconded by Trustee Meiskin, RESOLVED that the Public Hearing to discuss Proposed Changes in the Zoning Law be adjourned to the meeting of November 2501, 1986. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE Mayor Kabcenell ABSENT Trustee Cresenzi ABSENT PUBLIC HEARING - Proposed changes in Local Law No. 37-84 Unnecessary Noise. Trustee Nardi - this was only made available to us this evening, and we have not had chance to review it. He asked Attorney Kramer to comment. Attorney Kramer - this is the result of complaints from neighbors in connection with construction work going on late in the evening during the summer and they were not able to enjoy their homes. Our current limitation for construction noise is from l0 p.m. to 8 a.m. and some people feel that 10 p.m. is too late, and that 8 a.m. is too early, so that this is for the Board to consider a change in the hours. _. The complaints are mostly in connection with evenings, and George Morrow said there have been a lot of complaints regarding Saturday and Sunday noise. Trustee Nardi. - I would like to make it more restrictive on Saturdays and Sundays. Mayor Kabcenell had raised a question at the last meeting as to the constitutionality of doing that - Attorney Kramer said that would not be a problem. I would like to make it 8 p.m. and 9 a.m. on weekends. 'trustee Zak suggested that holidays also be included, and that weekdays be changed to 9 p.m. 000666 Trustee Meiskin brought up the question of Section 2 B as to what constitutes a "noisy animal". There was a short discussion on that. Ken Heller, Resident, said that he, felt 9 a.m. on weekends would be restrictive for people who work 6 days a week and for whom Saturday is a working day, and would really be a financial penalty, to say that we can't start until 9 a.m. whereas professional people can start working in their homes before that. Trustee Nardi - that does not create noise, and what we are doing here is responding to complaints by residents. Trustee Meiskin suggested that the hours of limitation, if changed, should be the same in 2 C, and 2 D. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the Public Nearing on Proposed Changes in Local. Law No. 37-84 Unnecessary Noise, be adjourned to the meeting of November 25th, 1986. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Zak voting AYE '. Mayor KabcenelL ABSENT Trustee Cresenzl ABSENT SUBDIVISION APPLICATION - KLEM, 133 COUNTRY RIDGE DRIVE Trustee Nardi suggested referring this matter to the Planning Board for review and recommendation. Bernard Klem, the applicant, said that since the application seems to require a variance, in the interest of saving time, it be referred directly to the Zoning Board of Appeals rather than to the Planning Board to be put on their agenda and then have to go to the Zoning Board before the Planning Board can take action. This action was taken in connection with an application from Mobil recently, Georgia Kramer, attorney, - we can do that, as long as the Zoning Board understands that the subdivision has not been approved, that it is conditioned upon a variance and that it would then be referred to the Planning Board, and we do not imply an approval of the subdivision, it is just a matter of which one should be handled first. If the Zoning Board wants to handle it first with the understanding that it is a proposed subdivision, and not an existing subdivision, that's fine. Trustee Nardi - (to Ms. Kramer) would you see that it is communicated to them in that fashion? - On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the subdivision application from Rosalind and Bernard Klem, 133 Country Ridge Drive, be referred first to the Zoning Board of Appeals for a decision on the variance before it goes to the Planning Board. Trustee Meiskin voting AYE Trustee Nardi Voting AYE Trustee Cresenzi ABSENT Trustee Zak voting AYE Mayor Kabcenell ABSENT DISCUSSION & REPORTS. Westchester County County Master Plan Update (Draft) Trustee Meiskin - I would urge anyone here to attend the public input meeting to be held on November 13, 1986 at the old National Guard Building at the airport. The proposed Master Plan which will be discussed refers to definite expansion of facilities. They are talking a new passenger 00000'7 terminal which will be anywhere from 300 to 500% bigger than the present one, going from 10,000 s.f. to between 30-50,000 s.f. They are also talking about a parallel taxiway to be constructed, new areas for fixed base operators, new corporate hangars. Several years ago, Al Del Bello issued a policy statement that the airport would not be expanded, and that it was reiterated and supported by the County Board of Legislators, and was adopted as a policy statement by the CBL. In this proposed Master Plan, they are talking about purchasing parcels of land adjacent to the airport for runway and clear zones. I urge anyone who is perturbed, bothered, annoyed or worried about their home value to attend that November 13 meeting and speak out against any expansion of facilities. Many times, under the guise of modernization, possible utilization is expanded. RESOLUTIONS — BROOK II VENTURES. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the Village of Rye Brook declare itself Lead Agency in the application for rezoning of the Hilton Property on North Edge Street by Brook Two Ventures, Inc. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi ABSENT Trustee Zak voting AYE Mayor Kabcenell voting AYE RESOLUTIONS — RYE BROOK HOUSING. On the motion of Trustee Metskin, seconded by Trustee Zak, RESOLVED that the Village of Rye Brook declare itself Lead Agency in the application for subdivision of the Lundell Property on South Ridge Street, Rye Brook by Rye Brook Housing. Trustee Meiskin voting AYE 'trustee Nardi voting AYE Trustee Cresenzi ABSENT 'trustee Zak voting AYE Mayor Kabcenell ABSENT RESOLUTIONS — VILLAGE DISBURSEMENT'S. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that, on the recommendation of the 'treasurer, the issuance of Payroll Checks $7614-861.6 and Combined Check Register Checks # 4769-6378 be approved. Trustee Meiskin voting AYE 'trustee Nardi voting AYE Trustee Cresenzi ABSENT Trustee Zak voting AYE Kayor Kabcenell ABSENT RESOLUTIONS — SENIOR CITIZEN TAX EXEMPTION LIMITATION. On the motion of Trustee Meiskin, Seconded by Trustee Zak, RESOLVED that the maximum income limitation for Senior Citizens exemption be raised from $10,500 to $12,025 and that the minimum exemption be granted to Senior Citizens with incomes Less than $15,025. Trustee Nardi asked Attorney Kramer to explain — she said that this authorises senior citizens of limited means to have a Real Property tax exemption and in order to permit that this Village has to enact this resolution. What the State has done is raise the ceiling of income required in order to qualify for the exemption. The last time we passed such an increase, it increase the number of eligible 000668 senior citizens by about 5%, we can probably expect a somewhat higher increase this time. It is recommended by the Assessor and it Is important to the citizens of the community. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi ABSENT Trustee Zak voting AYE Mayor KabcenelL ABSENT RESOLUTIONS — SERIAL BONDS. On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that Serial Bonds and Capital Notes shall be issued for the following object or purpose: 1. $75,442.00 The acquisition of machinery and trucks for construction, repair maintenance and removal of: snow and ice in the Village. 2. $35,895.00 The acquisition of Police cars. 3. $21,868.00 Improvements to the street lighting system of the Village. 4. $51,000.00 Traffic signal at Ridge Street and Bowman Avenue. Trustee Nardi — I might add that all of these expenditures have already been made, and the project implemented and this resolution is so that we can put in place the bonding to pay for the various items. Trustee Meiskin voting AYE Trustee Nardi voting AYE 'trustee Cresenzi ABSENT 'trustee Zak voting AYE Mayor Kabcenell. ABSENT Ken Heller asked about the Bonding Attorneys and issuance of related bonds, and there was a discussion and explanation of the bonding procedures, and the fact that no bonds had yet been issued In connection with Bond Resolutions passed by the Village Board to date. Trustee Nardi — we would also need a resolution in connection with the Bank of New York to provide advisory services in conjunction with the bonding, for the brochure etc. I believe the figure in their proposal was $8,000, and covered the following: 1. Advise the issuer regarding the structure of the debt including type of debt, maturity schedule, call provisions and bid specifications. 2. Assist the issuer in complying with all. legal requirements of the issuance. 3. Assist the issuer in coordinating the activates of all parties concerned. 4. Prepare an official statement from the appropriate documents, information and reports provided by, or on behalf of the issuer. 5. Arrange for the printing and issuing of the official statement and notice of sale. 6. Prepare and arrange for presentations to rating agencies and municipal bond insurance firms, if appropriate. 7. Prepare and coordinate the filing of the debt statement. 8. Assist the issuer with the selection of a fiscal agent. 9. Arrange for the printing of the bonds and coordinate delivery to the fiscal agent. 10. Arrange for the printing of the Notice of Sale in the Daily Bond Buyer. H . Advise the issuer regarding the acceptance and awarding of bids. 000669 12. Arrange for the closing of the issue Including facilities, transfer of funds and delivery of the bonds or notes and advise the issuer on related matters. The fee of $8,000 shall be payable on the date that the bonds are delivered. This is a customary advisory service that is obtained by municipalities when they are going to issue bonds. It is particularly important for Rye Brook since this is the first time that we are issuing any bonds, and our rating and the interest we pay on these bonds will be predicated on a lot of the advice we get from the bank. We have checked other banks for rates for this service and found them to be much higher. We are very comfortable with the type service the Bank of New York provides in this area because they have just recently provided similar services to the 'Town of Rye on its recent band issues. On the motion of Trustee Meiskin, seconded by 'trustee Zak, RESOLVED that the Mayor be authorized to sign a contract with the Bank of New York for advisory services in connection with bond issues as outlined in the above resolution. 'trustee Meiskin voting AYE Trustee Nardi. voting AYE Trustee Cresenzi ABSENT Trustee Zak voting AYE Mayor Kabcenell ABSENT RESOLUTION - PROPOSED EXPANSION OF THE AIRPORT. WHEREAS any increase in operations and any new additions at the airport will attract more aircraft, and WHEREAS any increase in air traffic willnegatively impact residential communities around the airport, and WHEREAS the proposed Airport Master Plan is described as recommending: A. A new enlarged passenger terminal that will be approximately 300 to 500 % larger than the current terminal. B. A series of increased facilities and new construction is proposed. C. That additional land is under consideration of purchase to enlarge the airport. on the motion of Trustee Meiskin, seconded by Trustee Zak, IT IS THEREFORE RESOLVED that the Village of Rye Brook is firmly against each and any proposal in the Master Plan that enlarges facilities, enhances services that will attract additional aircraft and will physically expand the Westchester County Airport. Trustee Meiskin voting AYE Trustee Nardi voting AYE 'trustee Cresenzi ABSENT Trustee Zak voting AYE Mayor Kabcenell ABSENT DISCUSSION h REPORTS - Posillipo Center Rental Moratorium. 'trustee Nardi - In an effort to alleviate the parking problems that now exf.,st on Garibaldi Place, particularly in connection with the use of Posillipo Center and Garibaldi Park, we are waiting for some recommendations from the Engineer and Planner for the Recreation Study to give us some indication as to what would be appropriate for off-street parking and what the estimated cost would be. In the meantime, the situation has been getting worse, it is the recommendation of the Board that we place a moratorium on all private rentals. We have a moratorium on an informal basis for the last month, and we wish to continue this with respect to private parties. Recreation, School and Civic functions will continue to be held there, which usually take place on weekdays, and not on weekends where there were the most serious problems with parking. 000670 On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that there be a moratorium on all private parties and outside functions held at Posi.11ipo Center on a rental basis untiL the parking problems have been resolved. Trustee Meiskin voting AYE Trustee Nardi voting AYE Trustee Cresenzi ABSENT Trustee Zak voting AYE Mayor Kabeenell ABSENT DISCUSSION & REPORTS - Topsoil Removal, Betsy Brown Estates George Morrow - there is an excess amount of topsoil on the site. Some of it was removed, and the Assistant Building Inspector stopped them from removing more, with the excavator pleading ignorance of the Subdivision Regulations. In some areas of the site there is as much as 4-5 feet of topsoil, and since you cannot construct on topsoil, it has to be removed. They have only excavated five sites, there are another nine, they are using the excavated material when they get below the topsoil for backfill around the foundation, but they feel that there is in the neighborhood of. 14-1500 cubic yards of excess topsoil, so unless they find something else to do with the topsoil, they will be approaching this Board for a modification of the resolution of subdivision, to enable them to remove topsoil from the site and probably from the Village. We do not as yet, have a formal request from them. Trustee Nardi - when we do get a request is it something we should have checked by our engineers? George Morrow - yes, and if they do get permission to remove topsoil we shouLd have a means of monitoring it. Ken Heller - resident - suggested that the subsoil be removed and give the homeowners the good topsoil to be graded. Bernard Elam - Planning Board Member - in the planning stages we were assured, and reassured by the developer that no topsoil would be removed from the site. It should be monitored very carefuLly. The meeting was adjourned at 10 p.m.