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HomeMy WebLinkAbout2010-01-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 26, 2010-7:30 P.M. AGENDA 7:00 P.M.—Executive Session: Personnel Appointment Status of Tax Certiorari ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: (1) 2010 Assessment Activities Update (2) Rye Town Hilton Property Sketch Plan Review PUBLIC HEARINGS: (1) Public hearing to consider a Tier III Home Occupation Permit for a dental office at 267 North Ridge Street (2) Public hearing to consider a proposed local law amending Chapter 250 of the Village of Rye Brook Village Code regarding Temporary Certificate of Occupancy RESOLUTIONS: (1) Adjourning the public hearing Tier III Home Occupation Permit for a dental office at 267 North Ridge Street (2) Considering a proposed local law amending Chapter 250 of the Village of Rye Brook Village Code regarding Temporary Certificate of Occupancies (3) Appointing inspectors of election—Village of Rye Brook March 16, 2010 (4) Setting a public hearing to consider a proposed local law amending Chapter 250 of the Village of Rye Brook Village Code regarding the Scenic Roads Overlay District Board of Trustees Meeting January 26,2010 Pagel (5) Considering the modification of the License and Permit Fee Schedule (6) Considering the award of contract 09-13: Janitorial Services Village Hall and Fire House (7) Considering support to amend NYS Tax Law to permit Towns and Villages to impose a hotel occupancy tax (8) Approval of Minutes: September 22, 2009; October 13, 2009; October 27, 2009; November 10, 2009; November 24, 2009. ADMINISTRATOR'S REPORT: OLD BUSINESS: (1) Dogs in Park NEW BUSINESS: DISCUSSION ITEMS: (1) Blind Brook storm water quality/management initiative and educational outreach ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: February 9, 2010 and February 23, 2010 BOARD: Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Dean P. Santon Trustee Patricia Sanders Romano Mayor Joan L. Feinstein STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Board of Trustees Meeting January 26,2010 Page 2 Mayor Joan L. Feinstein welcomed everyone to the January 26, 2010 meeting of the Board of Trustees. Mayor Feinstein called for the first item on the agenda: REPORT: 1) 2010 ASSESSMENT ACTIVITIES UPDATE Mr. Mitchell Markowitz, Tax Assessor, addressed the Board. He gave a brief overview of the activities for 2010 and what information Village residents would be receiving from the Assessor's office. He noted that last year, in 2009, the Town issued a request for proposals for evaluation of services. From the companies that responded, the Town selected Vision Appraisals Technologies to assist the Town for 2010-2011 in updating and improving its assessment. This company has extensive experience in this area, going back many years. The contract spans a minimum of two years. In the next six months, all Village residents will receive assessment disclosure notices. These notices are mandated under New York State Law. The notice tells you the impact of the proposed 2010 assessment on your current property tax. Residents will also be provided contact information for April 1st through mid-May and information on informal hearings that will be held. Representatives of the Town and Vision Appraisals Technologies will be in attendance at the hearings. The assessment notice that residents will be receiving reflects the value as of 2009. Last year's value may not represent today's value. All commercial properties will be inspected. The Town records will be updated. The hearings will be by appointment only. These informal hearings will solicit information from the resident who should bring with them at the time of the hearing all of the information that they are looking to discuss with the Town. No assessment adjustments will be made without a physical inspection of the property. There has always been a process to have taxes reviewed, and it now includes a physical inspection. If a resident feels that their assessment is inaccurate then this process must take place. If you genuinely feel that there is something wrong with your property assessment, please let the Town know. Mayor Feinstein thanked Mr. Markowitz for his report. She called for the second matter on the agenda. 2) RYE TOWN HILTON PROPERTY SKETCH PLAN REVIEW Mayor Feinstein began the presentation with some background on the sketch plan of the Rye Town Hilton site. She noted that on February 20, 2009 a representative of the Rye Town Hilton came before the Board of Trustees with an Board of Trustees Meeting January 26,2010 Page 3 informal sketch plan, asking for an indication regarding a proposed development at the Rye Town Hilton site. The plan was very ambitious and the Board of Trustees gave feedback to the applicant, asking that it be scaled back, but noting that it may not be averse to some housing, especially senior and middle income housing. The Board of Trustees reviewed the sketches and expressed concerns regarding a myriad of different issues. It was noted that there was no formal application at that time,nor is there a formal application before the Village now. The Rye Town Hilton went back to the drawing board. Now it is a year later and they have come with to the Village another conceptual plan. No one wants to spend hundreds of thousands of dollars in this economy to prepare plans if no one is interested in the project. These sketches are a way of determining interest. It is important to have the concerns of the residents aired. The new plans have been put up on the Village's website for anyone interested in reviewing them, and residents will be allowed time during the meeting to address the Board. Mayor Feinstein called for legal counsel for the Rye Town Hilton. Albert Piiro, Esq., representative for the owners of the property, addressed the Board. He noted that the property is owned by a public company, a real estate investment trust company. They own the hotel itself and lease the hotel to the Rye Town Hilton Corporation. The trust company owns the Rye Town Hilton Corporation as well. This process started sometime ago. The hotel is a landmark, but is in need of repair. In addition, the hotel's configuration is difficult. Approximately $30M has been put in to try to renovate the hotel. They are trying to compete with other newer hotels in the area and find that additional renovations, changes to the configuration of the hotel, and the addition of amenities are required. Part of the proposal is to obtain approval to build some townhouses on the site. The first plan was aggressive and they were seeking maximum development. The Village Board unanimously rejected the first conceptual design. There were certain things that they liked about the concept plan, and certain things that they were totally against, and they made these things known. For instance, they felt that the spa was a good addition to the hotel. The Board was extremely concerned about traffic impacts. Mr. Pirro noted the owners of the Hilton considered the comments from the Village, and a meeting with the Board of Education at the Port Chester Middle School. Now a new concept plan has been created. It was noted that there were no plans for filing an application until conceptual plans have been approved. If a formal application is filed, that process will take 12 to 18 months and will cost millions of dollars. A full blown Draft Environmental Statement would need to be created. A concept that looks like it has a chance of winning the majority of the residents and Board's support is the goal of the sketch plan review process. The Board has been extremely careful in its review. Mr. Pirro noted that the current plan proposes 214 townhouses to be built along the periphery of the hotel. There would be a parking facility, and none of the buildings would be higher than the existing hotel. The parking will be partially Board of Trustees Meeting January 26,2010 Page 4 below grade but will be a five-story structure. There would be a 50,000 square foot spa. The issue is how much traffic would these changes generate. The analysis was based on 218 units. The total number of pre-school children in a one-bedroom unit is estimated to be 27. The development could generate 17 students, depending on the price range. This is a projection. The applicant recognizes that there would be an impact on the school system. Mr. Pirro asked that the plan be referred to the Planning Board for analysis. Mr. John Sullivan, architect on the project, addressed the Board. He stated that he had been asked to prepare some concept plans. There is nothing specific yet. He presented the Board with an aerial photograph of the property, noting that the Rye Town Hilton property consists of approximately 36 '/2 acres of land. Currently there is a hotel, outdoor pool, parking, and a tennis bubble on the site. He presented the Board with visuals of the site as it is today. The current facility is somewhat out-dated, and the entrance of the hotel is hidden. It is difficult to get to the ballrooms. Regarding the building itself, he noted that the vegetation on the site obscures the building. The sketch plan showed the footprint of the hotel. The applicant is looking to improve the hotel, and the housing is a way of financing those improvements. The entrance, and the secondary entrance, have not been changed on the proposed sketches. What has changed is the roadways once you enter the site. A new loop road with a boulevard has been created. The proposed townhouses are two to two and a half stories. The client is looking for an opportunity to divide up this property. A streetscape has been created on approximately 14 acres of land. The majority of the parking would be located where the tennis court is now. The parking garage would yield approximately 450 spots. This is a five level structure. The spa is an amenity to the hotel, and would be a two story structure, with an indoor and outdoor pool. There will be an indoor connection between the hotel and the spa. The building would be approximately 175 feet from the property line. There would be an additional 40 spot parking area for spa members who are not guests of the hotel. There is a small, 2.8 acres parcel of land, beyond the hotel that will also hold several townhouse units as well. It was noted that a lattice material will cover the entire structure. The sketch contains ideas that can be changed. Initially the townhouses were more like apartment style buildings, and they were changed as a result of comments made by the Board of Trustees. Mayor Feinstein noted that this plan is better than the last plan. However, she still has many concerns. She noted that Lincoln Avenue and Westchester Avenue are roadways into the Village. This project would mean that you would be able to see structures from these roadways. In addition she was concerned about the additional roadways, the traffic, noise, headlights, street lights, and a myriad of other issues. This project would be a great change to the character of this area of Rye Brook. There are many impacts that must be considered. She was also very concerned about the 2.8 acres in the corner, which is very close to Lincoln Avenue and Rye Hills. This is already a dense area. She noted that the plans Board of Trustees Meeting January 26,2010 Page 5 show a roadway link through Rye Hills, and stated that the Village would never allow a road link through Rye Hills since it would be unfair to have this traffic going through the neighborhood. Although everyone realizes that things cannot remain stagnant, the changes proposed on the sketches are huge. This property was developed 35 years ago and certain promises were made at that time. She noted that Rye Brook needs senior housing and homes where residents of the Village could comfortably downsize. Mayor Feinstein also noted that the spa and garage unit will be massive. Trustee Paul Rosenberg started off his comments by stating that he agreed with the Mayor's comments that this is an ambitious plan. This new plan is too dense. He felt that the property owners were pushing the envelope to the limit. There is a lot more to this plan than the hotel. He was concerned regarding impervious surface and the impact it would have on an area that is already prone to flooding. He was very concerned regarding storm water runoff, as well as the creation of a five-story high garage. The view would go from a steep slope and green area to a fully visible five-story parking garage. He stated that he would like to see some middle income housing, and noted that a housing project would generate taxes for the Village. He suggested that if the project moved ahead that a pilot tax program be put in place, especially since the Rye Town Hilton has filed Tax Certioraris in the past. Trustee Michael Brown echoed the sentiments of the Mayor and Trustee Rosenberg. He stressed that this is a huge project. He wanted to make a site visit to get a better idea of how close the project would be to the adjacent properties. Years ago a large buffer was promised, but this project does not seem to have that same buffer. He recommended downsizing the townhouses significantly. Trustee Brown felt that something could be done on this property that would benefit the owner, the community, and the Village and not necessarily impact the adjacent owners of the property so dramatically. Trustee Patricia Sanders Romano noted that the impervious surfaces will be increased. Storm water management and mitigation must be part of the plan. This is a gateway into Rye Brook, and she felt that the current plan was too much development for this area. She also felt that the proposed roadway needed to be moved away from the homes on Lincoln Avenue, and she expressed her concern regarding any structure that would be five stories high. She asked if the owners of the property could consider some underground parking. She also suggested that the spa be moved closer to the entrance of the property, and that the number of proposed housing units be reduced significantly. Trustee Dean Santon commented on the project. He stated that the Village was not looking for a residential development of this magnitude. The property is run down, and the housing units would be the money making project for the hotel. When the H1 zone was created in 1970, a series of resolutions were adopted. The Board had findings. One of the findings was the creation and preservation of Board of Trustees Meeting January 26,2010 Page 6 open space. The Hidden Falls development of the 1980's was the residential component. He stressed that the proposed townhouses development was too dense for this site. He also noted that this project was in no way ready for Planning Board review, and he reminded the applicant that the zoning in this area would need to be changed in order for this project to be constructed. A change of zoning is not taken lightly by the Village. He also noted that with or without zoning changes, this project does not fit. The original sketches had a 100' buffer, which was then reduced to 75'. The Village wants to preserve the open space, and the character of this area. Mayor Feinstein thanked the Board for their comments. She called for members of the public wishing to address the Board on this matter: Ms. Phyllis Dickstein of 7 Lincoln Avenue addressed the Board. She thanked the Mayor and Board members for listening to their concerns, and noted that many of her concerns have been covered. She felt that Ashford Hospitality needed to take the housing development off the table. When the Rye Town Hilton was constructed, the developer made many promises to the residents. Some are included in the Village's approval, and all of them need to be honored. She also noted that while there are concepts for development of this property are floating around it makes it hard for the adjacent homeowners who are looking to sell their property to sell it them. Mr. Sy Vinopoll of 48 Avon Circle stated that this company does not care about the residents of the Village of Rye Brook. This project has a bottom line and it is all about the financial gain. Tania Vernon of 40 Avon Circle stated that she was relieved to hear that the Board supports the views of the residents. She pointed out that Westchester has the highest rate for asthma in the country. Trees have natural stabilizing effects and this developer is looking to remove acres of trees. She also noted that the Hilton property contains many steep slopes and agreed with prior comments that the additional impervious surfaces will add to the flooding problems in the area. Anyone who lives at Avon Circle is aware of the flooding problems. There was a green belt agreement made at the time that the Hilton was built. Another issue to consider is the intent to change zoning and the issue of increased traffic. These changes will decrease the value of the properties surroundings the Hilton. Property values have already taken a hit from the economy. Dorothy Finger, Esq. addressed the Board as the representative for the Rye Ridge Condominiums. She noted that a lot has been said, and many of the issues she intended to address have been covered. She commended the Board for their thoughtfulness. The variances required, drainage, parking, and steep slope issues are just a few of the many issues that need to be addressed. This would be a complex project that would involve zoning changes. The history of this property has been laid out and the history is very critical in this situation. Incremental Board of Trustees Meeting January 26,2010 Page 7 changes can become monumental. No one wants this application to go to the Planning Board. The residents ask the Board to help preserve this area the way that it was intended to be preserved. Moge Agahian of 208 Ivy Hill Lane addressed the Board. She noted that the Arbors has 250 homes on 36 acres and this is a very compact community. The proposed project is for a smaller acreage and would result in a much more compact community. Vanessa Barber of 16 Beacon Lane addressed the Board. She noted that she has recently moved to this area, and has put a lot of money into this house. Their home is already affected by the Hilton, stating `you see and hear the trucks, the parties, and the tennis dome.' There is a path behind her home and she often finds people walking in her backyard. The tennis dome is an eyesore, but having a five-story garage would be much worse. There is not only a visual impact, but noise, traffic, and water issues that need to be reviewed. Josephine Barber, also of 16 Beacon Lane, addressed the Board. She noted that Rye Brook is a wonderful Village and is very family oriented. Her house looks at the bubble of the tennis court. That is bad enough, but having a full view of the parking garage is worse. She also noted that the proposed housing is an enormous amount of homes for a small amount of land. Mr. Adolph Pinago, the owner of 3 Lincoln Avenue, addressed the Board. He noted that since he purchased this home he has had nothing but grief and much of it comes from the Rye Town Hilton. The trees behind his home have been removed and there has been constant banging and blasting from work being done on the parcel of property directly behind his home. Mrs. Eleanor Herman of 25 Lincoln Avenue thanked the Board for covering the majority of her concerns. It is time to value the green space. Mr. Pirro noted that this is a difficult procedure. The Hilton is a part of the community and a large generator of taxes. They respect the impacts and the concerns of the neighbors, and will take the comments into consideration. A concept of what will work on this property is the goal, and the owner of the property is looking to the Village Board to tell them what it is. The applicant knows that there would need to be a zoning change. Mayor Feinstein noted that it is not the Board's job to tell the applicant what should be constructed on their property. Mr. Pirro addressed the Village's master plan. He suggested that the developer contribute towards the master plan so that it can be completed. Then they would have a better idea of what the Village would like constructed on this property. He asked for a discussion regarding hiring a planning consultant, and noted that they were not ready to file an application and would not file an application until they Board of Trustees Meeting January 26,2010 Page 8 had a better understanding of how the Village wanted them to proceed. He stated that the property owner is looking to create the townhouses to fund the renovations to the hotel. Mayor Feinstein stated that Mr. Pirro's comments would be taken under advisement. There being no additional discussion, Mayor Feinstein called for a brief recess before returning to the Board's agenda. Upon the Board's return, Mayor Feinstein called for the first item under public hearings: PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A TIER III HOME OCCUPATION PERMIT FOR A DENTAL OFFICE AT 267 NORTH RIDGE STREET Mayor Feinstein noted that the applicant has requested an adjournment. Mr. Bradbury was called upon to read the following resolution: RESOLUTION ADJOURNING A PUBLIC HEARING TO CONSIDER A TIER III HOME OCCUPATION PERMIT FOR A DENTAL OFFICE AT 267 NORTH RIDGE STREET WHEREAS, Dr. Stanley Okun, the owner of 267 North Ridge Street desires to receive a Tier III Home Occupation Permit for the use of residence as a Dental Office; and WHEREAS, a public hearing was set for January 26, 2010 to consider the proposed Tier III Home Occupation Permit; and WHEREAS, Dr. Okun has requested an adjournment of said public hearing until the next regularly scheduled Board of Trustees meeting. NOW, THEREFORE BE IT RESOLVED, that a Public Hearing is hereby adjourned until February 9, 2010 to consider a Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the matter was adjourned. Board of Trustees Meeting January 26,2010 Page 9 Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the second public hearing: 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TEMPORARY CERTIFICATE OF OCCUPANCY Mr. Bradbury noted that conditions have been drafted by the Planning Board. Resident can apply for a temporary Certificate of Occupancy if the project meets certain criteria. Some of the changes include completion, inspection and approval of at least one bathroom, a specified amount of electrical and mechanical work, and specific safety systems. Mr. Bradbury reviewed the changes to the proposed local law for the Board. Mr. Adolph Pinago of 3 Lincoln Avenue addressed the Board. He noted that after he purchased his home he was advised that there were ten (10) open building permits. Mr. Michael Izzo, Building Inspector, has combined all of the issues into one. Mr. Pinago has been instructed to apply for a temporary Certificate of Occupancy. He felt that this was unfair as it carries an unfair amount of penalties. Mr. Bradbury asked that Mr. Pinago call his office to set up a meeting in order to address his concerns. Trustee Santon noted that if something is brought to the Building Inspector's attention, he is duty bound to look into it. Permits are being closed out dating back to the 60's. If you are occupying a dwelling with an open permit you need a Temporary Certificate of Occupancy. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the public hearing was closed. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Board of Trustees Meeting January 26,2010 Page 10 Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the second item under resolutions: 2) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TEMPORARY CERTIFICATE OF OCCUPANCIES Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TEMPORARY CERTIFICATE OF OCCUPANCY WHEREAS, the Board of Trustees is considering amendments to Chapter 250 of the Code of the Village of Rye Brook regarding Temporary Certificate of Occupancy; and WHEREAS, on January 26, 2010 the Board of Trustees opened a public hearing on the subject Local Law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on January 26, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 250 of the Code as proposed regarding Temporary Certificate of Occupancy. There was no additional discussion on this matter. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Board of Trustees Meeting January 26,2010 Page 11 Mayor Joan L. Feinstein Voting Aye 3) APPOINTING INSPECTORS OF ELECTION—VILLAGE OF RYE BROOK MARCH 16, 2010 Mr. Bradbury read the following resolution: RESOLUTION INSPECTORS OF ELECTION VILLAGE OF RYE BROOK—MARCH 16, 2010 RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be a minimum of two (2) inspectors of Election for each Election District in the Village Election to be held on Tuesday, March 16, 2010 from 7:00 a.m. to 9:00 p.m.; and be it further resolved that the Village Clerk may adjust the locations of the appointed list of inspectors in the event there are vacancies. FURTHER RESOLVED, that the following Chairpersons, Inspectors of Election and Alternate Inspectors be hereby appointed: #20 SY VINOPOLL CHAIR 48A AVON CIRCLE PCMS #20 MARY HAEGER 56 C AVON CIRCLE PCMS #21 BARBARA GERARDI CHAIR 6 MONROE PLACE - PORT CHESTER PCMS #21 TERESA CERVI 1 DIXON STREET PCMS #22 PAT WAGNER CHAIR 8 WOODLAND AVENUE BBHS #22 BARBARA NARDI 10 WOODLAND AVENUE BBHS #23 MARIE MARTIN CHAIR 19 PERRY AVENUE- PORT CHESTER RSS #23 MARILYN KOWALCYK 71D AVON CIRCLE RSS #23 MARION PAVONE 187 NEWTON AVENUE RSS #26 MILDRED DISANTO CHAIR 151 NORTH RIDGE STREET PCHS #26 JEAN MENDICINO 81 HILLCREST AVENUE PCHS #26 JIM DISANTO 151 NORTH RIDGE STREET PCHS #27 BELLE HARRIS CHAIR 12 ROCK RIDGE DRIVE RSS #27 MARION AICHER 17 ROCK RIDGE DRIVE RSS #27 FLO GIANFRANSICO 32 LOUIS COURT RSS #29 BARBARA CELESTINO CHAIR 325 KING STREET- PORT CHESTER RSS Board of Trustees Meeting January 26,2010 Page 12 #29 EMILY GROGLIO 5 PADDOCK ROAD RSS #29 MARYANN BUCCI 20 PRISCILLA LANE- PORT CHESTER RSS #30 LINDA FRICKE CHAIR 108 OLD ORCHARD ROAD BBHS PHYLLIS #30 FRATARCANGELI 147 NORTH RIDGE STREET BBHS #31 CHRIS DUNIGAN CHAIR 6 HIGH POINT CIRCLE BELLEFAIR #31 NORMA MUTO 14 BELLEFAIR BLVD BELLEFAIR Mayor Feinstein thanked all the volunteers for the time, noting that it is a very long day. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE SCENIC ROADS OVERLAY DISTRICT Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTERS 209 AND 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE SCENIC ROADS OVERLAY DISTRICT WHEREAS, the Board of Trustees is considering amendments of Chapter 209 and 250 of the Village Code regarding the Scenic Roads Overlay District; and WHEREAS, on October 27, 2009 the Board of Trustees referred said local law to the Planning Board for report and recommendation; and Board of Trustees Meeting January 26,2010 Page 13 WHEREAS, on January 14, 2010 the Planning Board submitted a report and recommendation to the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on February 9, 2010 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Mr. Bradbury highlighted the changes for the Board. He noted that this issue has been reviewed by the Planning Board and their recommendations have been incorporated into the changes. The Board briefly discussed lots that front on two streets. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing was set. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING THE MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE RESOLVED,that the following modifications to the License and Permit Fee Schedule are hereby approved: Fee Schedule Babe Ruth Baseball $150 Board of Trustees Meeting January 26,2010 Page 14 It was noted that the Babe Ruth Baseball use was new. The Board discussed the increase to the Men's Softball permits. The decision was to not make the change until budget time. Mr. Bradbury clarified that this meant the change would not take effect until next spring. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was modified to remove the increase to the Men's Softball permits fee. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING THE AWARD OF CONTRACT 09-13: JANITORIAL SERVICES VILLAGE HALL AND FIRE HOUSE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AWARD OF CONTRACT 09-13: JANITORIAL SERVICES VILLAGE HALL AND FIRE HOUSE WHEREAS, the Village of Rye Brook has solicited bids for Contract 09- 13 "Janitorial Services Village Hall and Fire House;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on December 26, 2009; and WHEREAS, at 10:00 a.m., Thursday, January 14, 2010, all bids received were opened as summarized below: BIDDER BID AMOUNT/MO BID BOND A&A Maintenance Option#1 $2,910.00 Check Option#2 $ 600.00 Option#3 $ 475.00 Option#4 $ 400.00 Board of Trustees Meeting January 26,2010 Page 15 Night Owl Option#1 $2,036.00 Copy of Check Cleaning Service Inc. $ 435.00 Option#2 $ 650.00 $ 235.00 Option#3 $1,350.00 $ 215.00 Option#4 $ 175.00 $ 175.00 WHEREAS, the Acting Village Engineer and Village Administrator recommend that all bids be rejected by the Village Board as the bid amounts exceed the anticipated budget for these services. NOW, THEREFORE, BE IT RESOLVED,that all bids for contract 09- 13 "Janitorial Services Village Hall and Fire House" are hereby rejected. On a motion made by Trustee Santon, and seconded by Trustee Brown, the bids were rejected. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury noted that Contract 09-13 would now be put out to bid for a second time. 7) CONSIDERING SUPPORT TO AMEND NYS TAX LAW TO PERMIT TOWNS AND VILLAGES TO IMPOSE A HOTEL OCCUPANCY TAX Mr. Bradbury read the resolution: RESOLUTION CONSIDERING SUPPORT TO AMEND NYS TAX LAW TO PERMIT TOWNS AND VILLAGES TO IMPOSE A HOTEL OCCUPANCY TAX WHEREAS, Section 1202 of the New York State Tax Law authorizes and empowers certain cities and counties in New York State to adopt and amend local Board of Trustees Meeting January 26,2010 Page 16 laws imposing a Hotel and/or Motel "Occupancy Tax" upon persons occupying hotels or motels in certain counties and cities; and WHEREAS, Section 1202 is not applicable to "Permanent Residents" of a hotel or motel which are persons occupying any room or rooms in a hotel or motel for at least thirty (30) consecutive days; and WHEREAS, Section 1202 provides that any tax imposed shall be paid by the person liable thereof to the owner of the room for hire, or to the person entitled to be paid the rent or charge for the room, and that such owner or person shall be liable for collection and payment of the tax to the chief fiscal officer of the municipality; and WHEREAS, Section 1202 provides that the amount of any tax sought by a county or city, and the interest and penalties thereon, may be provided for by local laws or regulations of the municipality; and WHEREAS, in recent years, the NYS Legislature has authorized the City of White Plains, City of Rye and City of New Rochelle to impose an occupancy tax on persons occupying any room for hire in any hotel, which is defined as a building or portion of it which is regularly used and kept open as such for the lodging of guests, and includes an apartment hotel, a motel or a boarding house; and WHEREAS, the Town Board of the Town of Greenburg approved a resolution on December 15, 2009 requesting that the New York State legislature amend Section 1202 of NYS Tax Law to allow the Town of Greenburg to impose a hotel and/or motel occupancy tax; and WHEREAS, the Village Board of the Village of Rye Brook, in each of the last three (3) years, has submitted a home rule request and draft legislation has been presented to the NYS legislature requesting that the Village of Rye Brook be permitted to impose a hotel occupancy tax; and WHEREAS, there are more than eight hundred and seventeen (817) rooms for rent in two (2) hotels in the Village of Rye Brook that would be subject to a hotel and/or motel occupancy tax; and WHEREAS, the Village Board of the Village of Rye Brook would endorse an amendment to Section 1202 of NYS Tax Law or any other applicable NYS law, to extend the ability to impose a hotel and/or motel occupancy tax by local law to any town or village that provides the principal municipal services such as police, fire and highway services to the hotel or motel within its municipal boundary. Board of Trustees Meeting January 26,2010 Page 17 NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby requests the New York State legislature amend Section 1202 of NYS Tax Law or any other applicable NYS law, to extend the ability to impose a hotel and/or motel occupancy tax by local law to any town or village that provides the principal municipal services to the hotels within its jurisdiction, in a method already authorized by the NYS legislature for certain counties and cities in New York State. Mayor Feinstein noted that Rye Brook does not receive any financial benefits from having hotels within the Village. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted: Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye (9) APPROVAL OF MINUTES: SEPTEMBER 22, 2009; OCTOBER 13, 2009; OCTOBER 27, 2009; NOVEMBER 10, 2009; NOVEMBER 24, 2009. Mayor Feinstein called for comments on the Summaries. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the summaries were approved subject to comments. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Board of Trustees Meeting January 26,2010 Page 18 Mr. Bradbury noted that the Edgewood Basin project is moving along. The head wall has been installed on the Meadowlark side of the basin. So far there has been no blasting,but a final determination on the need to blast has not yet been made. Chipping has been working, and although it does take longer, things are moving along very well. Mr. Bradbury noted that the Highway Department is very busy. A lot of trees have come down during the recent storm and they are continuing clean up. Martin Rogowsky, County Legislator, will be holding a meeting on the County Budget on February 4 at 7:00 p.m. at Rye Brook Village Hall. A request has been made to have this meeting taped so that it can be shared with the community. Mr. Bradbury noted that there have been several reports of coyotes roaming the streets of Rye Brook. To educate the residents, there is information on coyotes on the Village's website. He noted that coyotes are natural to New York State and there are between 20,000 and 30,000 Coyotes in New York State. They are territorial and have become a part of the environment. Loud noises usually scare them off, such as screaming, whistles or air horns. They tend to be timid, and usually run off but they are getting used to being around humans and are become a less and less timid. They are protected by the Environmental Law. Complaints about the Coyotes can be made by calling 845-256- 3098, the Wildlife Section of the Department of Environmental Conversation. During certain times of the year, coyotes can be trapped, especially if they are aggressive. Coyotes tend to be plus or minus 35 pounds, and usually attack smaller animals, therefore, leaving small dogs or cats in your yards can be a cause for concern. Mayor Feinstein noted that she has received complaints regarding a pack of coyotes (3) in the Meadowlark area. The difficulty is that people are fearful of coyotes and one resident recently had an incident where a coyote actually stood its ground, and even moved forward as she retreated. Chief Gregory Austin addressed the Board. He stated that the police department has a list of trappers that can be used when the coyotes are sick or injured. Keeping the garbage covered stops them from scavenging for food. When you see a coyote, you should stand your ground and make noise to scare them off. Debbie Tempesta of 6 Oriole Place came to the meeting to address this issue. She noted that on Saturday around 5:00 p.m. she and her 7 lb. puppy were in her back yard. She heard a noise and saw a coyote standing just a few feet away. The coyote was not afraid of her and moved closer. She picked up the puppy and ran. She noted that her 13 year old daughter walks the puppy and she was now afraid for her. She called the police station, and then a trapper and was told that the fees ranged but included a survey of the property, $25.00 for each trap set, and $500.00 for each coyote trapped. She said that at night you can hear the coyotes howling, which then causes the dogs in the area to bark. This is something that the residents are not used to. Mayor Feinstein called for old business. Board of Trustees Meeting January 26,2010 Page 19 OLD BUSINESS: (1) Dogs in Park Trustee Brown stated that due to the late hour, this matter could be tabled. With the consensus of the Board, this item will be placed on the next Board of Trustees agenda. Mayor Feinstein called for the discussion item on the agenda: DISCUSSION ITEMS: (1) Blind Brook storm water quality/management initiative and educational outreach Trustee Santon stated that this matter could also be tabled to the next meeting. He hoped at that time that the Board would move forward as this matter has been raised before. He stated that this project would be a good one for the Environmental Council. Mayor Feinstein noted that the next Board of Trustee meetings were scheduled for February 9, 2010 and February 23, 2010. She also noted that she would be giving her State of the Village speech on February 9th at 7:00 p.m. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the meeting was adjourned at 11:05 p.m. Board of Trustees Meeting January 26,2010 Page 20