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HomeMy WebLinkAbout2010-09-28 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 28, 2010-7:30 P.M. 7:15 P.M.–Recognition of Helen Antonetti ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1. Public hearing to consider a proposed local law establishing a hotel occupancy tax 2. Public hearing to consider a proposed local law amending the amnesty program for work performed or completed without a permit RESOLUTIONS: (1) Considering a proposed local law establishing a hotel occupancy tax (2) Consider a proposed local law amending the amnesty program for work performed or completed without a permit (3) Approving the use of Village streets for the Friends of Crawford Park 5K Race (4) Considering the award of Bid 10-03 "Flat Roof, 15 Ton Split System and Clear Story Window Replacement for the Posillipo Community Center" (5) Considering entering into a service agreement with Docview, LLC (Carfax) (6) Appointment of Special Engineering Consultant Board of Trustees Meeting September 28,2010 Pagel (7) Considering the approval of Minutes: July 13, 2010; July 27, 2010; August 17, 2010 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Elm Hill Park Pathway 2) Code Section 250-40 Notification Requirements 3) Amendment to financial policy regarding capital projects 4) Overview of high pressure natural gas pipeline in the Village ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: October 12 and October 26, 2010 BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting September 28,2010 Page 2 Mayor Feinstein welcomed everyone to the September 28, 2010 Board of Trustees meeting. She began the meeting with the introduction of Helen Antonetti, a young woman who has volunteered her services at Village Hall for the past seven years. Mr. Christopher Bradbury, Village Administrator, noted that Helen has assisted in several departments, and has been an asset to the Village. Mayor Feinstein presented Helen with a proclamation of recognition. Mayor Feinstein introduced Joy Haenlein from Abilis, formerly known as Greenwich ARC. She presented the organization with a Proclamation of Recognition, and thanked Ms. Haenlein for placing Helen with the Village. Mr. Bradbury thanked the staff for their support, and noted that they have been happy to work with Helen and look forward to working with her for many more years. Mayor Feinstein noted that a reception was held for Helen prior to the commencement of the meeting. Mayor Feinstein called for the first item on the agenda: PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW ESTABLISHING A HOTEL OCCUPANCY TAX On a motion made by Trustee Michael Brown, and seconded by Trustee Toby Marrow, the public hearing was declared open. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury began the discussion by noting that this issue has been discussed by the Village for many years, and openly discussed at many Board of Trustees meetings. At the last meeting a local law was prepared as Board of Trustees Meeting September 28,2010 Page 3 a result of special state legislation that was signed by the Governor. This law will allow the Village to apply a hotel occupancy tax of up to 3%. Rye Brook has 820 hotel rooms between Doral Arrowwood and the Rye Town Hilton. This legislation would be the first time that a Village would have this ability. The payments would follow the cycle of the Westchester County Tax. Mayor Feinstein opened the public hearing to members of the community. Demetris Adamis, Esq., from the firm of Gioffre & Gioffre, addressed the Board as the representative for Doral Arrowwood. He introduced David Sinoti, Esq., counsel for the Rye Town Hilton, Mr. Steven Neighbors and Mr. Donald Wentworth from Doral Arrowwood, and Mr. Christopher Devers from the Rye Town Hilton. He noted that both hotels were in opposition to the adoption of this local law. He stated that it is understood that the Village was looking for additional revenue; however, in this instance he felt that this tax would be counterproductive. Mr. Adamis stated that both hotels received notification last Thursday that this matter would be voted upon at this meeting. Both entities would like the opportunity to present the facts in opposition, showing how this local law would be counterproductive. He stated that like most other products, goods, services — hotel rooms have become very rate sensitive. These two properties do a large portion of their business in conventions, weddings, and large groups which are planned years in advance. It is felt that this tax would shift business to White Plains, Connecticut or other locations. This tax could have a negative ripple effect. It will affect revenues, it will reduce the number of people contributing to the economy, it will affect employment, and the ability of the hotels to book future events. The law has a retroactive feature to it. If the law becomes effective as of November 1, 2010 it will cover events and contracts that have been made prior to that date. There are significant bookings and contracts out there that will be affected. In this case, the argument that the hotels pass this increase along to the consumer is not valid. The hotels will have to absorb the tax or renegotiate the existing contracts which could involve the loss of business. The competition in the hotel industry is fierce. There are many alternatives. The overall economic benefits by keeping the hotels competitive would outweigh the income received from the hotel tax. Enactment of this tax would cause an adverse effect on the operations of both hotels. David Sinoti, Esq., counsel for the Rye Town Hilton addressed the Board. He focused on one issue, the retroactive provision. He stated that the problem is that the Hilton has contracts going back to 2007. Telling these Board of Trustees Meeting September 28,2010 Page 4 customers that an additional 3% tax has been enacted could result in these customers moving their business elsewhere. The hotels only had less than a week to prepare for this meeting. Mr. Sinoti asked for additional time to prepare the facts to be presented to the Board of Trustees. He noted that the retroactive provision carries with it a substantial impact for the hotels. Mayor Feinstein noted that many contracts provide for applicable taxes. She pointed out that the hotels have a County and State tax as well and these taxes are subject to increases at any time. The Rye Town Hilton has contracts that list a special amount of tax. Mr. Sinoti stated that this new tax could cause friction between the hotel and customers who have used these hotels for many years. He asked that this provision be removed. Dr. Richard Buzin, former Village Trustee and former member of the School Board, addressed the Board. He noted that he was on the Village Board five years ago when the City of Rye enacted a hotel tax. That is when the Board decided to look into this additional stream of revenue. The Village of Rye Brook provides essential services to these facilities. The budget includes police and fire services. This tax will ensure that the people that come to these facilities are well protected. A major incident that took place at the Rye Town Hilton took many hours of police work. This is a way to bring in non-resident tax revenue. As a school board member, he stated that he was aware the one of the hotels has applied for many tax certioraris over the years. This has cost the taxpayers in the school districts quite a bit of money. As a matter of fairness and goodwill, he very strongly suggested that the Village take advantage of this opportunity. Attorney Adamis stated that essential services are paid through real estate taxes. The occupancy taxes are specifically earmarked for trade, tools, and support. It is akin to the lottery funds that are supposed to be earmarked for education. The occupancy tax should have a specific use attached to it. If the businesses are negatively affected by this tax, it could have an adverse effect. Mr. Bradbury stated that he contacted both facilities to explain the tax as soon as it was signed into law in August. This tax will put Rye Brook on a level playing field with White Plains, Rye, New Rochelle and other municipalities that have a comparable tax. Trustee Paul Rosenberg noted the other municipalities have a hotel tax. It is understandable that the hotels would oppose this tax. He noted that Board of Trustees Meeting September 28,2010 Page 5 Attorney Adamis was correct in the real estate taxes do pay for services from the Village. He asked for a list of Tax Certioraris for the past seven years from both properties, noting that he was aware of the number of times the Rye Town Hilton requested tax adjustments. The hotel tax is good for the Village. It is a way to bring in additional revenue. The hotel tax is passed on to the people who stay at the hotel. If the hotels have a problem with the retroactive provision, then that can be discussed. Trustee Michael Brown added that if the State or County adjusted their taxes, the current contracts would need to be changed. He believed that the hotels will still do well, and the Village will benefit from this tax. This matter could be reviewed next year, but he felt that the resolution should be adopted now. Mayor Feinstein stated that she also did not believe that the hotel occupancy tax would take away from the business. The Rye Town Hilton is very well known. There are a number of weddings that are held at these two facilities each year. Although she understood the hotels' concerns, she felt that the two facilities are unique; they are first class hotels. The Village is scrambling looking for non-resident sources of revenue. A hotel tax of 3% will not make a difference to the hotels but will benefit the village. Counsel has drafted the local law and the consensus of the Board was that it should be adopted. Edward Beane, Esq., Village Counsel, respectfully disagreed with the counsels for the hotels. He noted that no matter when this law goes into effect there will be a contract that will be affected. Rooms that will be occupied after the law is adopted will carry the 3% tax. Attorney Beane noted that contracts that he has reviewed have had a provision in them regarding applicable taxes. If there is an issue that results from the adoption of this resolution, then both hotels can come back next year. Attorney Adamis asked for an adjournment for short period of time to address the issues. There are years of data and information that can be presented to the Board. Much of the business of these hotels is business related and 3% does make a difference. Maybe there is an opportunity to come up with transitional rules. He stated that they were not trying to deter the Village from doing what it feels is best for its residents but, in the interest of fairness, the hotels should be given the opportunity to present a complete case and request modifications to the law. He stated that the hotels need more time to transition. The further away from November Ist Board of Trustees Meeting September 28,2010 Page 6 the adoption of this local law gets, the further you get beyond the older contracts that both hotels have in place. Trustee Rosenberg noted that when the Governor signed the legislation, both hotels were notified immediately. That was at least three or four weeks ago. That should have been sufficient time to pull together the data. Attorney Adamis acknowledged that phone calls were made and the hotels were made aware of this issue, but not that the Board would be voting on the local law this evening. Mr. Bradbury noted that when the Governor signed off on the legislation, he went to both locations and had meetings. Conversations took place regarding the administrative part of this local law. In addition, a notification of the public hearing was sent out. Attorney Adamis noted that an adjournment would give the entities the opportunity to address the law. He once again requested an adjournment. Mayor Feinstein noted that the Rye Town Hilton and Doral Arrowwood are good corporate neighbors. She felt that the public hearing could remain open to give the two entities the opportunity to come back with additional information. Mr. Bradbury stated that if the Board keeps the public hearing open then there needs to be filing and registration time built in. Mayor Feinstein requested an Executive Session where the Board could discuss this matter further with legal counsel. Attorney Sinoti asked that the Board consider one change to Section 228- 227(d). Attorney Beane noted that the retroactivity was the main area of concern for both hotels. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the Board meeting was temporarily adjourned and the Board went into an Executive Session. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting September 28,2010 Page 7 Upon the Board's return from Executive Session the amendments to the local law were discussed with counsel for the hotels. An agreement was reached, and Mayor Feinstein called for a motion to close the public hearing. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the public hearing was closed. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the resolution: RESOLUTIONS: 1) CONSIDERING A PROPOSED LOCAL LAW ESTABLISHING A HOTEL OCCUPANCY TAX Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW ESTABLISHING A HOTEL OCCUPANCY TAX WHEREAS, the Board of Trustees proposed a local law establishing a hotel occupancy tax; and WHEREAS, on September 28, 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 September 28, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law establishing a hotel occupancy tax. Board of Trustees Meeting September 28,2010 Page 8 On a motion made by Trustee Brown, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein took a moment to thank Senator Suzi Oppenheimer, State Assemblyman George Latimier, and former Mayor Rand for their hard work and persistence that brought the hotel tax to fruition. As a result, the Village will benefit in the amount of $400,000 to $500,000 of additional annual revenue. Mayor Feinstein requested that an additional item be taken out of order: DISCUSSION ITEMS: 1) ELM HILL PARK PATHWAY Mayor Feinstein noted that this item was placed on the agenda as a discussion item. Some of the members of the Board have been approached by residents asking that a pathway into Crawford Park be constructed from Elm Hill Drive. This pathway would create an access to Pine Ridge Park. This pathway was discussed as far back as 2002. The neighbors were notified of the discussion. Mr. Bradbury stated that no plans have been created; only a conceptual plan has been reviewed. There is a sketch plan from 2002 that was once again reviewed. The path would be along side of residential properties leading into Crawford Park. The pathway would be constructed of asphalt or wood chips. It would be an access path leading from one point to another. Mayor Feinstein opened the floor to the public. Mr. Andrew Wels homeowner of 4 Hillspoint Lane, addressed the Board. He stated that this Board of Trustees Meeting September 28,2010 Page 9 is an item that would be nice to have but not something the Village really needs. The Village should consider that it would not just be the cost of the path installation; there are maintenance issues to also be factored in. This pathway would be a long, dark passage way along many houses that would create a security risk. The amount of traffic would be increased in an already traffic congested area. He hoped that the Village Board would put a quick end to this discussion item. Bill Popper of 6 Horsehoe Lane addressed the Board. He noted that his home abuts the proposed pathway. The benefits of the proposed pathway do not outweigh the risk or the costs. This issue should die a quick death as the majority of the abutting residents are against it. Barry Albala of 4 Elm Hill Drive addressed the Board. He stated that there was no need for this pathway. Traffic is an issue in the area and the cars parked near the proposed entrance to this pathway would cause additional safety issues. Mayor Feinstein noted that there are concerns including safety, traffic, and costs. At the end of Betsy Brown is a cul de sac and residents can gain access to Crawford Park, however, residents asked that this issue be discussed. Staff has also noted that it would help during camp time, making the walk to Pine Ridge from Crawford Park shorter. Trustee Brown noted that there are traffic issues in this area. Maybe a no parking zone should be created and the issue should be referred to the Traffic Commission for review. No one wants something in their backyard. The Board must weigh the needs of the Village, general safety issues, and the needs and concerns of the neighbors when reviewing items such as this one. He felt that this would provide a viable access. The campers have a long walk, but there is no way to open this path up to only the campers. Trustee Toby Marrow noted that she agreed with her fellow Board members. Mayor Feinstein thanked the residents for attending. She noted that this type of discussion is democracy at work. Mayor Feinstein returned to the agenda. She called for the second public hearing: Board of Trustees Meeting September 28,2010 Page 10 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING THE AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the public hearing was opened. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that the resolution extended the amnesty program. Residents who have done work on their homes without applying for a permit or without receiving a Certificate of Occupancy (C.O.) are encouraged to come forward. The administrative fees for work that has been done without a permit or C.O. is waived, that fee being between $500.00 and $3500.00. The review before the Architectural Review Board is also being waived under certain circumstances. The Village is concerned about safety and all construction should be inspected. A request came from the Arbor's Homeowners Association to extend the program. The Arbors is in the process of a site plan amendment. However, the amnesty program is not just for the residents of the Arbors but rather all homeowners in the Village. A few language corrections were made to the resolution. On a motion by Trustee Marrow, seconded by Trustee Rednick, the public hearing was closed. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting September 28,2010 Page 11 RESOLUTION: Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING PROPOSED LOCAL LAW AMENDING THE AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT WHEREAS, the Board of Trustees proposed amending the amnesty program for work performed or completed without a permit; and WHEREAS, on September 28, 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 September 28, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending the amnesty program for work performed or completed without a permit. On a motion made by Trustee Marrow, and seconded by Trustee Brown, the resolution, as amended, was adopted: The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 3) APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF CRAWFORD PARK 5K RACE Mr. Bradbury read the resolution: Board of Trustees Meeting September 28,2010 Page 12 RESOLUTION APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF CRAWFORD PARK 5K RACE RESOLVED, that the Friends of Crawford Park are authorized to use Village of Rye Brook streets for their 5K race on Sunday, October 17, 2010, as requested in an email by Laura Klein dated Wednesday, August 11, 2010; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING THE AWARD OF BID 10-03 "FLAT ROOF, 15 TON SPLIT SYSTEM AND CLEAR STORY WINDOW REPLACEMENT FOR THE POSILLIPO COMMUNITY CENTER" Mr. Bradbury read the following resolution: Board of Trustees Meeting September 28,2010 Page 13 RESOLUTION CONSIDERING THE AWARD OF CONTRACT 10-03: "FLAT ROOF, 15 TON SPLIT SYSTEM AND CLEAR STORY WINDOW REPLACEMENT FOR THE POSILLIPO COMMUNITY CENTER" WHEREAS, the Village of Rye Brook has solicited bids for Contract 10-03: "Flat Roof, 15 Ton Split System and Clear Story Window Replacement for the Posillipo Community Center;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on Friday, August 27, 2010; and WHEREAS, at 2:00 p.m., Tuesday, September 21, 2010, all bids received were opened as summarized below: BIDDER BID AMOUNT BID BOND 1. Noble Craft Construction $177,300 No 2. Vezandio Construction $203,700 Yes 3. DP Consulting $232,815 Yes 4. Wernert Associates $256,250 Yes 5. Precision Roofing $324,500 Yes; and WHEREAS, Noble Craft Construction did not submit a bid bond or certified check as per the bid documents and therefore is disqualified from the bid process; and WHEREAS, upon reviewing the bid, the Acting Village Engineer and Village Administrator determined the lowest responsible bidder meeting the requirements of the contract document is Vezandio Construction for the total bid price of$203,700. NOW, THEREFORE, BE IT RESOLVED, that contract 10-03: "Flat Roof, 15 Ton Split System and Clear Story Window Replacement for the Posillipo Community Center" is hereby awarded to Vezandio Construction for the total bid price of$203,700; and be it Board of Trustees Meeting September 28,2010 Page 14 FURTHER RESOLVED, that $125,000 is hereby transferred from Capital Fund Balance (901.7960.339) into the project account Roof Replacement at AJP (101.6772.201) with the remainder to be paid from the serial bond issued in November 2009; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury noted that this project was partially funded by the serial bond from November, 2009. The bond has been issued and is in place. The amount was $205,000. This was a bigger project. Previous bids were rejected and bathrooms were separated out. This project was re-bid as two separate projects. Mayor Feinstein noted that the interest rate for the serial bond is favorable. The Village does not have a lot of debt. Trustee Brown asked if the Possillipo Center was a candidate for solar panels. Mr. Bradbury stated that this would need review before he could respond. On a motion made by Trustee Rosenberg, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING ENTERING INTO A SERVICE AGREEMENT WITH DOCVIEW, LLC (CARFAX) Mr. Bradbury read the following resolution: Board of Trustees Meeting September 28,2010 Page 15 RESOLUTION CONSIDERING ENTERING INTO A SERVICE AGREEMENT WITH DOCVIEW, LLC (CARFAX) WHEREAS, the Village Police Department desires to enter into a service agreement with Docview, LLC for use of their vehicle history database and online motor vehicle report distribution service. NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to sign and execute all documents necessary to enter into a service agreement with Docview, LLC. Police Chief Gregory Austin addressed the Board. This is a project that he has been trying to get jump started for a while. Carfax and Docview have a distribution of motor vehicle accidents. This system will create a link to the Village's website and people can obtain a copy of their accident reports online. DocView would collect the fees, which average about $.25 per page plus a $6.00 convenience fee. This system will help when a report is amended. On the law enforcement side, all accident reports would be available to the police department, free of charge. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 6) APPOINTMENT OF SPECIAL ENGINEERING CONSULTANT Mr. Bradbury read the resolution: Board of Trustees Meeting September 28,2010 Page 16 RESOLUTION APPOINTMENT OF SPECIAL ENGINEERING CONSULTANT RESOLVED, that Henningson, Durham & Richardson Architecture and Engineering, P.0 (Mike Musso, PE) is hereby appointed as Special Engineering Consultant for the Village of Rye Brook for the official year 2010/2011 subject to the terms set forth in the Multiple Project Agreement for Professional Services dated September 21, 2010. The rates remain the same as in the previous contract. On a motion made by Trustee Rosenberg, and seconded by Trustee Marrow, the resolution was adopted. Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 7) CONSIDERING THE APPROVAL OF MINUTES: July 13, 2010; July 27, 2010; August 17, 2010 On a motion by Trustee Brown, seconded by Trustee Marrow, the summaries were adopted as amended. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting September 28,2010 Page 17 ADMINISTRATOR'S REPORT: Mr. Bradbury began his report by noting that the New York DEC refused to extend the permits for the trapping of coyotes. Mayor Feinstein noted that there was an article in the New York Times about the increased number of Coyotes. Mr. Bradbury noted that the Village will continue to monitor the sightings, which have declined in the past few weeks. The Village tries to stay on top of this issue. Mr. Bradbury noted that the leaf season starts in the beginning of October. Residents can start to put out leaves starting on October I't. The first truck will be out on October 5t". He reminded all residents to make sure that the piles of leaves are not contaminated by sticks, rocks, or other debris. This is a safety issue. He also asked that the piles be placed curb side, and not into the roadways. Mayor Feinstein returned to the discussion items on the agenda: DISCUSSION ITEMS: 2) CODE SECTION 250-40 NOTIFICATION REQUIREMENTS Mayor Feinstein noted that this issue was discussed at the last meeting. The goal is to reduce some of the hassle for the residents who are applying for building permits. The downside is that alternate addresses for property owners who rent their properties are not listed, and the notification will go to the residents of the properties in the notification area. It is the Village's hope that tenants will forward the notification to the homeowner. Mr. Bradbury explained that the addresses provided to an applicant within the notification area are the addresses of the property. This does not guarantee that the owner resides at the property. The process has been streamlined and the Village hopes that all absentee owners will be notified by their tenants. The consensus of the Board was to move forward with the modifications to the Notification Section of the Village Code. 3) AMENDMENT TO FINANCIAL POLICY REGARDING CAPITAL PROJECTS Board of Trustees Meeting September 28,2010 Page 18 Mayor Feinstein noted that she put this matter on for discussion. With the adoption of the hotel tax, a stream of revenue will result. The Board needs to discuss what the funds should be earmarked for. She felt that a portion of the funds should go to capital projects, such as road resurfacing. Trustee Rosenberg agreed with the Mayor, however, he did not want to lock the funds into one area so that future Boards would be handcuffed regarding the usage. There may be one year that the economy is so bad and that capital projects need to be put off. Mr. Bradbury noted that a local law and legislation are very different. This type of change in the budget needs to be done by resolution. Trustee Rednick felt that there should be flexibility in earmarking the funds as no one knows what the future will bring. Trustees Brown and Morrow agreed. It is important to reinvest in the community. 4) OVERVIEW OF HIGH PRESSURE NATURAL GAS PIPELINE IN THE VILLAGE Mayor Feinstein noted that a representative of Tennessee Gas would be attending the next Board of Trustee meeting. He would be malting a presentation on the gas lines, locations, and maintenance. Mayor Feinstein noted that the next regular Board of Trustee meetings were scheduled for October 12t1' and October 26t1' Mayor Feinstein called for a motion for an Executive Session. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the meeting was adjourned at 9:59 p.m., and the Board went into an Executive Session. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting September 28,2010 Page 19