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HomeMy WebLinkAbout2008-01-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 22, 2008-7:30 P.M. AGENDA 7:15 PM - Executive Session– Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS RESOLUTIONS: (1) Considering amendments to the Forums and Debates section of the Public Access Guidelines (2) Considering the use of Village Streets for the Westchester Triathlon Half Ironman "Toughman" (3) Authorizing a submission of a NYS Home Rule Request to establish a Hotel Occupancy Tax (4) Setting a Public Hearing for a local law amending Chapter 235 of the Village of Rye Brook Village Code regarding the Significant Trees (5) Consider Budget Modification Board of Trustees Meeting January 22,2008 Page 1 ADMINISTRATOR'S REPORT: (1) Draft Six-Year Capital Improvement Program OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: February 5 and February 26, 2008 BOARD Deputy Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Excused: Mayor Lawrence A. Rand STAFF: Christopher J. Bradbury, Village Administrator Gregory Austin, Police Chief Amanda Kandel, Esq., Village Counsel David Burke, Assistant to the Village Administrator Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Secretary CONVENE: Deputy Mayor Joan L. Feinstein called the meeting to order at 7:40 p.m. She noted that Mayor Rand was out of town, and she would be moderating the meeting as the Deputy Mayor. Deputy Mayor Feinstein noted that the Village was now utilizing streaming video. She thanked George Latimer's office for making this possible, and the Village's Board of Trustees Meeting January 22,2008 Page 2 staff for its hard work. Mr. Christopher Bradbury, Village Administrator, gave a brief explanation of what streaming video. He noted that after a meeting is over you can view a particular agenda item by going to the agenda and clicking on the item versus having to watch the entire video or fast-forwarding through items. Deputy Mayor Feinstein called for the first resolution on the agenda: RESOLUTIONS: (1) CONSIDERING AMENDMENTS TO THE FORUMS AND DEBATES SECTION OF THE PUBLIC ACCESS GUIDELINES Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AMENDMENTS TO THE FORUMS AND DEBATES SECTION OF THE PUBLIC ACCESS GUIDELINES WHEREAS, the Technology and Communications Commission has reviewed and recommended modifications to the Forums and Debates section of the Government Access Channel within the Village of Rye Brook Public Access Guidelines. NOW THEREFORE BE IT RESOLVED, the Board of Trustees herby approves the modifications of the Forums and Debates section of the Government Access Channel within the Village of Rye Brook Public Access Guidelines as recommended by the Technology and Communications Commission. Mr. Bradbury noted that issues were raised with respect to televising candidate debate. The Technology and Communications Commission revisited this section of the Village's Code and the Code has been redrafted to be clearer. The Chairman of the Technology and Communications Commission, Mark Klapper, addressed the Board. He noted that the goal was to find a way to provide open access, and make clearer guidelines for submission eligibility, Board of Trustees Meeting January 22,2008 Page 3 and criteria. Homeowners Associations have been added to the list of entities that can air videos. Trustee Paul Rosenberg noted that during the Town of Rye election there was a rush to try and get debates aired. Rye Brook wants to be able to spread information as quickly as they can, but there must be ground rules. The new rules make it more flexible, and the policy of when a tape can be aired was cleaned up. Trustee Michael Brown noted that the spirit and intent was to allow debates to be viewed. The goal is to inform the residents while adhering to the guidelines. After a brief discussion surrounding the Forums and Debates section of the Public Access Guidelines, Mr. Bradbury was called upon to read the proposed changes. It was noted that there is one channel for government access and public access. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution, as amended, was adopted. Mr. David Burke, Assistant Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Deputy Mayor Feinstein called for the next item on the agenda: (2) CONSIDERING THE USE OF VILLAGE STREETS FOR THE WESTCHESTER TRIATHLON HALF IRONMAN "TOUGHMAN" Mr. Bradbury read the following resolution: Board of Trustees Meeting January 22,2008 Page 4 RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR THE WESTCHESTER TRIATHLON HALF IRONMAN "TOUGHMAN" RESOLVED, that the Westchester Triathlon Ironman "Toughman" are authorized to use Village of Rye Brook streets for the 1st annual Westchester Toughman '/2 Ironman Triathlon on Sunday, September 7, 2008 from lam to 3pm; 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. Mr. Bradbury noted that this was the first time that this race was being held. He called up Dr. Richard Izzo to explain the race to the Board and members of the public. Dr. Izzo noted that the mission of the race is to raise money for local charities. The race will start at Playland and run through Rye Brook. This would be a two-loop race. There will be approximately 500 athletes participating in the race. The police department is aware of the race and they will direct traffic. Police Chief Gregory Austin noted that the race has been scheduled for early Sunday morning, September 7, 2008, at a time when traffic is slow. TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE (3) AUTHORIZING A SUBMISSION OF A NYS HOME RULE REQUEST TO ESTABLISH A HOTEL OCCUPANCY TAX Mr. Bradbury read the following resolution: Board of Trustees Meeting January 22,2008 Page 5 RESOLUTION AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST TO ESTABLISH A HOTEL OCCUPANCY TAX WHEREAS, the Village of Rye Brook desires to enact an occupancy tax on any room for hire within the Village; and WHEREAS, the rate of such tax shall not exceed three (3) percent of the per diem rental rate for each room; and WHEREAS, NYS Senator Suzi Oppenheimer has introduced NYS legislation to the Senate with bill number S.5007-B, and NYS Assemblyman George Latimer has introduced NYS legislation to the Assembly with bill number A.7902-B; and WHEREAS, this legislation requires the passage of a Home Rule Request to the NYS Senate and NYS Assembly by the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the submission of a revised Home Rule Request to the NYS Senate and Assembly for bill numbers S.5007-B and A.7902-B that would not exceed a three (3) percent daily room tax for a hotel, motel, or similar place of public accommodation; and BE IT FURTHER RESOLVED, that the Mayor is authorized to submit the Home Rule Request and execute and deliver all necessary documents to NYS. Mr. Bradbury noted that the Village takes the last resolution, from the prior year, and re-submits it for the current year. The challenge is that the Villages have a tougher time in receiving the hotel tax. The Village of Rye Brook looks for ways to bring in revenue and this resolution is an example. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting January 22,2008 Page 6 TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE (4) SETTING A PUBLIC HEARING FOR A LOCAL LAW AMENDING CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE SIGNIFICANT TREES Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR A LOCAL LAW AMENDING CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SIGNIFICANT TREES WHEREAS, a local law has been proposed to amend Chapter 235, Section 21 of the Village Code regarding Significant Trees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on February 5, 2008 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Deputy Mayor Feinstein noted that this resolution simply sets a date for the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Board of Trustees Meeting January 22,2008 Page 7 (5) CONSIDER BUDGET MODIFICATION RESOLUTION CONSIDERING BUDGET MODIFICATION RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.7000.510 101.2200.302 $ 18,500 (Estimated Revenue) (Grant Revenue) 101.7000.552 101.3120.444 18,500 (Appropriation Expense) (Police Dept. — Electronics) Police Chief Austin addressed the Board. This program allows a police officer to file a report from the road. Two police cars are now active, and within the next month an additional two police cars will be activated. Mr. Bradbury noted that the initial system was put in place but it was not working to the Police Departments' satisfaction. It was dismantled and returned. This new system is working. TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE ADMINISTRATOR'S REPORT: (1) Draft Six-Year Capital Improvement Program Mr. Bradbury noted that there was an update from the County on the rehabilitation project for Ridge Street. A meeting will be held at the Rye Brook Village Hall on February 13, 2008 at 7:00 p.m. Anyone who has questions about the design should attend the meeting. This announcement Board of Trustees Meeting January 22,2008 Page 8 will be on the Village's website. Trustee Rosenberg asked that the residents on Ridge Street be notified of the project. Mr. Bradbury noted that starting February 1, 2008 the recycling efforts will be stepped up. The County will be stepping up enforcement and haulers must refuse items at curbside. A rough draft of the six-year capital improvement program is being distributed. This is more than a wish list, but it is not a budget. It is meant to create discussion, and is a useful tool and it sparks dialogue. The draft that is in front of the Board at this time, and includes projects of refurbishment as well as some new projects. There is a separate section on storm water, and it includes storm water grants that the Village has applied for and those that it hopes to apply for. At this point there are lists of projects by year. Deputy Mayor Feinstein noted that the Village's roads are in fairly good shape. The plan earmarks $500,000.00 to be used for improvements. The Board discussed the issue of the highway garage and the fact that the Village does not own this property. The garage needs repairs and Rye Brook is reluctant to pump funds into something that it does not own. Also discussed was the possibility of bubbling some of the sports fields, and possible work to be done to the basement at the Posillippo Center. These items will be discussed during the Budget Workshop. Deputy Mayor Feinstein noted that this is a snap shot of the future. The Village does not expect that it will be able to fund all of these projects, but it is a starting point. Mr. Carosi, Village Engineer, was called upon for an update on the Beechwood Circle Project. Mr. Carosi noted that currently the utility companies are performing relocations of their utilities. The Village has held off on the installation of piping until the utility companies have completed their relocation projects. This is a very large project, and the Village hopes to have it completed by the end of the summer. There being no further business before the Board, Deputy Mayor Feinstein called for a motion to adjourn. Board of Trustees Meeting January 22,2008 Page 9 On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the meeting was adjourned at 8:58 p.m. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Board of Trustees Meeting January 22,2008 Page 10