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HomeMy WebLinkAbout2008-07-08 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 8, 2008-7:30 P.M. AGENDA 7:00 PM—Executive Session -- Contract Negotiations ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1. Public Hearing on an application for a Special Use permit and site plan approvals for St. Mary's Cemetery, South Ridge and High Streets 2. Public Hearing on a proposed local law to amend chapter 250 of the Village of Rye Brook Village Code regarding Home Occupation Permits 3. Public Hearing to consider the renewal of a franchise agreement with Cablevision of Southern Westchester, Inc. to provide cable service to the Village of Rye Brook RESOLUTIONS: (1) Considering a proposed local law to amend chapter 250 of the Village of Rye Brook Village Code regarding Home Occupation Permits (2) Authorizing the Village of Rye Brook to renew a franchise agreement with Cablevision of Southern Westchester, Inc. to provide cable service to the Village of Rye Brook (3) Considering the use of Village Streets for the 24t' annual Westchester County triathlon Board of Trustees Meeting July 8,2008 Page 1 (4) Considering the appointment of a Police Officer (5) Considering an agreement and budget transfer for a program and site study of Village Hall facility (6) Considering a tax certiorari refund for Sound Federal Savings & Loan Association/Hudson City Savings Bank, and a budget transfer for this refund and for the King Street Home tax refund (7) Considering a modification of the License and Permit Fee Schedule regarding building permit fees (8) Approval of Minutes: April 8, 2008; May 13, 2008; May 27, 2008 ADMINISTRATOR'S REPORT DISCUSSION ITEMS: (1) Proposed legislation regarding curb cuts and driveway access to Rye Brook roadways (2) Stepped up enforcement of traffic safety violations (speeding, stop signs, etc.) ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: July 22 and August 12, 2008 BOARD: Deputy Mayor Paul S. Rosenberg Trustee Michael S. Brown Trustee Patricia Sanders Romano Trustee Dean P. Santon Excused: Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Secretary Board of Trustees Meeting July 8,2008 Page 2 Deputy Mayor Paul S. Rosenberg called the July 8, 2008 Regular Meeting of the Board of Trustees to order at 7:30 p.m. with the Pledge of Allegiance. He noted that Mayor Joan Feinstein was excused from the meeting. Deputy Mayor Rosenberg called for the first item on the agenda: PUBLIC HEARINGS: 1. PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT AND SITE PLAN APPROVALS FOR ST. MARY'S CEMETERY, SOUTH RIDGE AND HIGH STREETS Mr. Bradbury noted that through a letter to the Village dated July 3, 2008 the applicant requested that the matter be placed on the agenda for the August 12, 2008 Board of Trustees Meeting. The plans have been revised in response to comments from the Zoning and Planning Boards and the applicant needed additional time to prepare the new plans. Mr. Bradbury noted that the sizes of the variances required have been reduced and, as a result, the applicant has received the required approvals from the Zoning Board of Appeals. Additional visuals are being prepared and the applicant will be reminded that these visuals should be presented to the Village prior to the August 12th Hearing. On a motion made by Trustee Dean Santon, and seconded by Trustee Patricia Sanders Romano, the matter was adjourned to the August 12, 2008 Board of Trustees meeting. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Board of Trustees Meeting July 8,2008 Page 3 2. PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING HOME OCCUPATION PERMIT Mr. Bradbury noted that the Village Board discussed this matter at a prior meeting. The staff was asked to make revisions to the Home Occupation Law based on the comments made at that meeting. Keane and Beane redrafted the Local Law and now additional feedback is now required on items such as the definition of employees, the number of visits allowed, the elimination of the Site Plan and Special Use Permits procedures for Tier II applications, hours of operation, traffic, parking, and screening. Deputy Mayor Rosenberg declared the public hearing open, and called for comments from members of the Board. Trustee Dean Santon noted that he reviewed the changes. There was a definition for a non-resident employee and it has been changed to "employee," deleting the word non-resident from the definition. In addition, an employee is now defined as a person who is employed by the resident of a home occupation and is no longer described as either full time or part time. Now an employee is an employee regardless of the number of hours worked. Trustee Santon asked if a person lived in Brooklyn but was a live-in nanny five days out of the week if this made them a resident. Edward Beane, Esq., Village Counsel, noted that there was additional clean up that needs to be done, and this is the reason that the Board is reviewing the changes. He felt that some areas could be re-thought and made clearer. As an example, the difference between resident and employee needs additional clarification. Trustee Santon noted that he had comments on more of the definitions. He noted that people who run the businesses must reside there. Someone who just rents the property does not have the same care and interest in the property or community as someone who resides here. Employees must be regulated as the number of employees has a direct effect on the number of cars, parking, and traffic impacts. Trustee Patricia Sanders Romano felt that the definition of the `record owner' needed additional clarification. Trustee Santon noted that a record Board of Trustees Meeting July 8,2008 Page 4 owner could be one or more people. Then there are the residents, and then the employees. Mr. Bradbury stated that this area would be reviewed. Trustee Santon requested several other corrections to terms within the subject section of the Code. It was noted that there are no longer Saturday hours within the Code, however, there are many Home Occupations that now operate on Saturdays and they must be notified. Deputy Mayor Rosenberg noted that there have been applicants that have come before the Board requesting specific hours. The Board reviewed these applications and worked out specific hours. He felt that these applicants should be grandfathered as the Board had a lot of back and forth with the applicants and he hated to see that work put aside. Mr. Beane noted that sub-section (e) does include some grandfathering. Trustee Santon requested the list of current Home Occupations, Tier II and Tier III, and found that only three (3) were on the list. It was noted that many of these Home Occupations did not re-register, but they are still operating. People are not complying with the Code. The Village has the right to legislate hours, among other things, to protect the health, welfare, and public safety of the residents of Rye Brook. Mr. Bradbury noted that not registering is a definite violation of the Village's Code. Deputy Mayor Rosenberg asked that the Village reach out to those Home Occupations that have not re-registered. The public hearing will remain open in anticipation of additional feedback from the Village's Attorney and Staff. He opened the floor to members of the public for comments and questions. Mr. Donald Cassone of 258 Ridge Street addressed the Board. He questioned the fees for Tier I and Tier IL Mr. Bradbury responded that it was minimal at this point. It is under $300.00 and the intent was to make sure that the fee was not an issue. Trustee Santon noted that a Tier I was the resident only and not more than 12 visit by clients per year. A Tier I does not have to register. He also noted the fees are minimal as the intent was to not burden the residents. Board of Trustees Meeting July 8,2008 Page 5 Dr. Richard Buzin, former Trustee, addressed the Board. He noted that he was a member of the Board at the time the previous amendments were made to this section of the Village Code. The adjusted hours for the Chiropractor that came before the Board were set by scaling back the hours. He noted that people who work sometimes find it hard to get an appointment to see medical professionals during the week, or during regular hours. Saturday hours serves both the home occupation owner and the residents of the area. Trustee Santon noted that the convenience and right to enjoy the use of their home as a residence of the residents surrounding the home occupation use must be weighed against the rights of the residents to run the home occupation. Trustee Sanders Romano noted that she would like to review the hours of operation again. There are business that might operate a few days a week and the question is whether or not Saturday hours are more or less intrusive. Mr. Beane stated that a resident has the right to make an application to the Village Board for specific hours of operations. Mr. Bradbury noted that there is a lot of flexibility within the Code for the Board of Trustees to be able to modify or set hours of operation. Deputy Mayor Rosenberg reiterated his opinion that the Home Occupations that have had their hours modified as a result of an application to the Village should be grandfathered. Trustee Michael Brown felt that the hours of operation should be re- discussed for each Home Occupation. Things change and if someone new comes in and buys a home next to one of the permitted uses then the hours should be revisited to protect the rights of the neighboring residents. Trustee Santon agreed with Trustee Brown, in that the hours of operation should not be grandfathered. If you have a Home Occupation then you must register annually. Mr. Bradbury noted that this issue is being reviewed. The entire point of the registration is to identify the businesses. Deputy Mayor Rosenberg stated that this matter should be kept open to the next meeting. Mr. Bradbury noted that a few of the changes that have been discussed will be made. Board of Trustees Meeting July 8,Zoos Page 6 Deputy Mayor Rosenberg reviewed several proposed changes. One specific change appointed the Building Inspector as the individual who would renew the applications annually. Trustee Santon pointed out that there are a lot of issues that still need to be reviewed. Mr. Victor Carosi, Village Engineer, addressed the Board. He stated that the Building Inspector will be reviewing these applications. He also noted that a provision should be made within the review process regarding complaints that have been received. Mr. Beane stated that if complaints are received then perhaps the Home Occupation is not compliant. Deputy Mayor Rosenberg began a discussion regarding site plan review, and the types of applications that require this level of review. As there were additional areas of the Code that needed further review, he asked for a motion to adjourn to August 12th Board of Trustees meeting. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the matter was adjourned. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Deputy Mayor Rosenberg welcomed Assemblyman George Latimer to the meeting. He thanked Mr. Latimer on behalf of the Village for all of his hard work regarding the legislation for the Port Chester - Rye Brook Library, which has been pushed through Albany. The legislation is now before the Governor for signature thanks to the efforts of Mr. Latimer and Suzi Oppenheimer. With the permission of the Board, Deputy Mayor Rosenberg offered Mr. Latimer the floor to address the Board members. Mr. Latimer began by noting that a memo has been drafted for submission to the New York State Department of Transportation regarding the frustration of the Village and Greenwich as a result of the lack of response from the State Department. The users of the Village — those that travel the roads every day— should be considered by the State. Board of Trustees Meeting July 8,zoos Page 7 Mr. Bradbury noted that he would review the memo with the Village Board. Some comments have already been made and the memo has been amended. Mr. Latimer noted that Hotel Tax, which would be significant revenue for the Village, was reviewed. The bad news is that the New Rochelle and White Plains tax bills did not pass. Rye City was able to pass two years ago, but the fact that the New Rochelle and White Plains bills were turned down will now freeze what Rye Brook is trying to do. If White Plains and New Rochelle had passed then it would have made it easier for Rye Brook. Mr. Latimer noted that is now time for Rye Brook to consider what legislation is needed for the coming year. Counsel will advise the Board as to whether or not state legislation is needed. Mr. Bradbury noted that SUNY Purchase has made application to the Town of Harrison in connection with a possible residential community in some of the open space on the campus. Mr. Latimer noted that this did not pass a year ago, but basically the idea is a residential community to be constructed in some of the open spaces in SUNY Purchase which would be populated by seniors who are going to use the education and entertainment facilities at the campus. This project should be tracked by Rye, Rye Brook, and Harrison. Mr. Bradbury noted that traffic impacts and the use of land that is used for storm water retention are a few of the issues that would impact Rye Brook. How the practical impacts will be handled must be tracked. Mr. Bradbury noted that Rye Brook is concerned with the use of land that is being used for storm water retention, as well as the possible increase in traffic. Trustee Santon noted that with a 550-acre campus SUNY Purchase has quite a bit of excess land. SUNY Purchase has been given the authority to act, and now they must go through the entire procedure which includes public hearings, debates, etc. However, it was noted that the State Education Department could claim that they are exempt from municipal land use review and they don't have to follow normal SEQRA review. Mr. Latimer noted that this is an important question, and SUNY Purchase may have this authority. However, the practical impacts must be dealt with, i.e., flooding, traffic. Deputy Mayor Rosenberg thanked Mr. Latimer for his time and assistance to the Village of Rye Brook. Board of Trustees Meeting July 8,2008 Page 8 The next item on the agenda was called before the Board: 3. PUBLIC HEARING TO CONSIDER THE RENEWAL OF A FRANCHISE AGREEMENT WITH CABLEVISION OF SOUTHERN WESTCHESTER, INC. TO PROVIDE CABLE SERVICE TO THE VILLAGE OF RYE BROOK Mr. Bradbury noted that this is a ten year contract. There will now be one channel for public and one channel for the school districts. Each resident, according to the school district they are in, will be able to view that district's meetings. This contract brings with it payments to be received by the Village along with a franchise fee. This matter was before the Board for consideration and comments and questions. Deputy Mayor Rosenberg declared the public hearing open. He noted that there are two school districts within the Village of Rye Brook and at this time everyone is receiving both channels. Once the franchise is in place, the residents will receive a signal that splits the channel so that they will receive the school district channel where they are located. This will open up an extra channel for governmental access. Currently the governmental access channel is shared with public access. Mr. Robert Hoch from Cablevision addressed the Board. He thanked the Board of Trustees for the opportunity to speak on behalf of Cablevision and the proposed franchise agreement. He noted that the document now before the Board is the product of a well-thought out process and negotiations. He gave a brief overview of the proposed contract, noting that the term is ten years. The service area of the franchise is the entire area of Rye Brook. The Agreement provides for a total of four channels -- three are in existence already. Cablevision is very happy with its relationship with the Village. Deputy Mayor Rosenberg noted that he has been a part of the negotiating committee and he noted that Cablevision has been very professional throughout the negotiations. He thanked the Technology and Communications Committee for their hours of work in reviewing the Franchise Agreement. Deputy Mayor Rosenberg called for members of the public wishing to address the Franchise Agreement. Board of Trustees Meeting July 8,zoos Page 9 Brian Berk of 11 Edgewood Drive addressed the Board. He asked if any of the monies received will be distributed to the school districts. Deputy Mayor Rosenberg noted that the payment is basically for the use of the Village's right-of-way. In addition, if any funds are given to one school district, the same amount of funds must be given to the other district. These funds have been earmarked for technology projects at Village Hall. Trustee Santon noted that this contract is municipal business and not school business. The channels allocated to the school district are done through an agreement with the Village. The Village does the negotiating for the use of the Village' right-of-way and the burden falls to the Village. As a result, he felt that the fruits of the Village's labor should also fall to the Village. It was his opinion that the school districts are not entitled to a piece of this pie. The Village is happy to give them a channel and access, however the revenue should not be shared. Deputy Mayor Rosenberg noted that during the initial negotiations with Verizon the school district did provide the Village with a wish list. The list was presented to Verizon, and Verizon noted that they could not set a precedent and include items like wireless phones for the school districts in their contracts. He also noted that although the Board of Trustees understands the school district's point, no funds will be allocated to the school districts at this time. Trustee Brown noted that it doesn't hurt to ask. To the extent that the Village can help the school districts they are always willing. The negotiations were done with both school districts in mind. Trustee Santon agreed that it doesn't hurt to ask, but this is the same question that has been heard over and over again. The bottom line is that the Village is not sharing these funds with either school district. This is one of the Village's revenue streams. Dr. Buzin, former Trustee and a member of the school board addressed the Board. The school district was looking for help. When WRNN came in it was suggested that they work with the school districts. They were not opposed to this suggestions. Cablevision could come in and teach some of the students or perhaps donate equipment that maybe they do not have use for. The children in the community want to do videos and the Board of Education is trying to get them up to that level. He noted that mentoring and internships would be great. Board of Trustees Meeting July 8,2008 Page 10 Dr. Buzin asked permission to address another matter. He noted that students were given internships by the Village in prior years and he hoped that this would continue. Mr. Bradbury stated that there have not been any internships in the past few years, but that he would look into this. Mr. Hoch noted that Cablevision is always available to share their technical expertise and advice to the Town and School Districts as to the best way to set up their video programs. They are also there to help identify the best equipment that should be purchased. Michael Drutman of 6 Loch Lane addressed the Board. He questioned the public access channels and how they would work. It was noted that once the franchise is approved by New York State there will be three channels. One channel is for use by the school district, the second is a public access channel, and the third is a governmental channel. Deputy Mayor Rosenberg noted that the Village will be able to play back public access onsite. The Village will be purchasing certain pieces of equipment. The transmission will be from Village Hall. The resident noted that the public access channels are underused. Deputy Mayor Rosenberg stated that they will activately solicit programs to be broadcast over the public access channel. Trustee Santon noted that to- date very few people have availed themselves of public access. Deputy Mayor Rosenberg called for a motion to adjourn the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the hearing was adjourned. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Deputy Mayor Rosenberg noted that the resolution concerning a Proposed Local Law to Amend Chapter 250 of the Village of Rye Brook Village Code Regarding Board of Trustees Meeting July 8,2008 Page 11 Home Occupation Permits would be adjourned as the public hearing was still open. He called for Resolution #2: RESOLUTION: 2. AUTHORIZING THE VILLAGE OF RYE BROOK TO RENEW A FRANCHISE AGREEMENT WITH CABLEVISION OF SOUTHERN WESTCHESTER, INC. TO PROVIDE CABLE SERVICE TO THE VILLAGE OF RYE BROOK Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO RENEW A FRANCHISE AGREEMENT WITH CABLEVISION OF SOUTHERN WESTCHESTER, INC. TO PROVIDE CABLE SERVICE TO THE VILLAGE OF RYE BROOK WHEREAS, THE Village of Rye Brook (the "Village") is a "franchising authority" in accordance with Title VI of the Communications Act of 1934, (the "Communications Act"), and is authorized to grant one or more nonexclusive cable television franchises pursuant to Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended (collectively the "Cable Laws"); WHEREAS, the Village, executed a franchise agreement with UA- Columbia Cablevision of Westchester, Inc. d/b/a TCI Cable of Westchester ("TCP') on August 19, 1997; and WHEREAS, Cablevision of Southern Westchester, Inc. ("Cablevision" or "Franchisee"), or its predecessor, with the approval of both the Village and the New York State Public Service Commission (the "Commission"), acquired certain assets from TCI including the cable system and franchise in the Village on March 4, 1998; and, WHEREAS, Franchisee has submitted a proposed Franchise Renewal Agreement to operate a cable system within the Village, and Board of Trustees Meeting July 8,2008 Page 12 WHEREAS, negotiations between the Village and Franchisee have resulted in modifications to the proposed franchise renewal agreement titled Cable Franchise Agreement By and Between The Village of Rye Brook and Cablevision of Southern Westchester, Inc.; and WHEREAS, on July 8, 2008, at a regularly scheduled meeting of the Board of Trustees of the Village of Rye Brook (the "Village Board") that was duly and reasonably advertised to the public, Cablevision made a presentation to the Village Board in favor of the proposed Cablevision franchise agreement, including an outline of the cable television services proposed to be provided to the Village pursuant thereto, and members of the Village Board, the public and representatives of Verizon New York, Inc., an existing franchisee, were given notice and the opportunity to comment on Cablevision's presentation and ask questions to be addressed by Cablevision's representatives; and WHEREAS, the Village has identified the cable-related needs and interests of the residents of the Village and exercised due diligence in considering the technical ability, financial conditions, character and legal qualifications of Cablevision to meet such needs and interests, WHEREAS, the Village has determined Cablevision is not in breach of its existing franchise and applicable law; that Cablevision has the requisite legal, technical and financial capabilities to operate a cable system within the Village, and Cablevision's proposal for renewal of the franchise meets the cable-related needs of the Community; and NOW, THEREFORE, BE IT RESOLVED, that the Village Board hereby establishes itself as the lead agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA), and makes the following findings and alternative determinations with respect to the environmental impact of the proposed Cablevision Franchise Agreement: a. The Village Board's execution of the proposed Franchise Agreement renewing Cablevision's Franchise Agreement is a Type II Action under the State Environmental Quality Review Act (SEQRA). Specifically, this action is covered under 6 NYCRR §617.5(20): "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment". Accordingly, it has been Board of Trustees Meeting July 8,2008 Page 13 pre-determined that adoption of the proposed Franchise Agreement renewing said franchise will not result in a significant impact on the environment and no further action is required relative to this matter under SEQRA. b. Notwithstanding that the Village Board's finding that the renewal of a cable television franchise is a Type II action not subject to the requirements of SEQRA, the Village Board is in possession of all information reasonably necessary to make the determination as to the environmental significance of Cablevision's proposed Franchise Agreement renewal; and be it further RESOLVED, that the Village approves the character of Cablevision; and be it further RESOLVED, that the Village concludes that Cablevision is legally (under Public Service Commission Rules an other statutory requirements), technically, and financially qualified to meet the cable-related needs and interests of the Village, which needs and interests were ascertained by the Village; and be it further RESOLVED, that the Village concludes that Cablevision will be required to provide adequate public, educational, governmental access capacity, either through channels dedicated to same, or interconnection between cable operators as permitted by law; and be it further RESOLVED, that the Village concludes, based upon the presentation by Cablevision, that the cable service offered by Cablevision will include competitive offerings with its existing competition; and be it further RESOLVED, that the Village concludes that although the terms of the proposed Cablevision Franchise Agreement are not identical to those of its existing Franchise Agreement with Verizon New York, Inc. (Case No. 07-V-0491) confirmed by the New York State Public Service Commission on May 16, 2007, that the terms of both agreements are reasonably comparable in their totality and contain no economic or regulatory burdens placed upon another cable television franchise operating in the same franchise area, therefore neither agreement provides either franchise with any unfair competitive advantage, or subjects either franchise to any unfair competitive disadvantage; and be it further Board of Trustees Meeting July 8,Zoos Page 14 RESOLVED, that the Village determines that it serves the public interest to renew the cable franchise of Cablevision to own, construct, operate and maintain a cable system along the public Rights-of-Way within the Village in order to provide cable serviced; and be it further RESOLVED, that the Village authorizes the renewal of a non- exclusive franchise to Cablevision to own, construct, operate and maintain a cable system along the public Rights-of-Way within the Village, to provide cable service, which authorization is made in accordance with the applicable provisions of Title IV of the Communications Act and the Cable Laws; and be it further RESOLVED, that the proposed Cablevision Franchise Agreement by and between the Village of Rye Brook and Cablevision of Southern Westchester, Inc. is hereby approved, and the Mayor is hereby authorized, on behalf of the Village, to execute said Agreement and any other documents necessary to effectuate the renewal of the franchise. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye 3. CONSIDERING THE USE OF VILLAGE STREETS FOR THE 24TH ANNUAL WESTCHESTER COUNTY TRIATHLON Mr. Bradbury read the following resolution: RESOLUTION Board of Trustees Meeting July s,2008 Page 15 APPROVING USE OF VILLAGE STREETS FOR THE 24th ANNUAL WESTCHESTER TRIATHLON RESOLVED, that the Westchester Triathlon is authorized to use the Village of Rye Brook streets for the 24th annual Westchester Triathlon on Sunday, September 21, 2008, requested in the letter dated June 25, 2008; 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. Schwartz, representative for the Triathlon, addressed the Board. He noted that he has been in touch with the Chief of Police of Rye Brook to discuss the use of Village Streets. This Triathlon goes up King Street and up into Greenwich and then loops back. 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 Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye 4. CONSIDERING THE APPOINTMENT OF A POLICE OFFICER Mr. Bradbury read the following resolution: Board of Trustees Meeting July s,2008 Page 16 RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED, that Michael Caridi of 180 Grant Avenue, White Plains, New York, is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York and the letter from the Village Administrator dated July 3, 2008; and be it FURTHER RESOLVED, that the annual salary is $40,109 with an effective start date of August 4, 2008. Chief Austin gave a brief background on the new officer. The Village looks for the best candidates, and Mr. Caridi is one of the best. He will be attending the Police Academy on August 4th. Officer Caridi is very excited about his appointment. He will be in attendance at the next Village meeting to meet the Board of Trustees. 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 Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye 5. CONSIDERING AN AGREEMENT AND BUDGET TRANSFER FOR A PROGRAM AND SITE STUDY OF VILLAGE HALL FACILITY Mr. Bradbury read the resolution: Board of Trustees Meeting July 8,2008 Page 17 RESOLUTION CONSIDERING AN AGREEMENT AND BUDGET TRANSFER FOR A PROGRAM AND SITE STUDY OF THE VILLAGE HALL FACILITY WHEREAS, the Village of Rye Book has encumbered $20,000 originally allocated in the 2007-2008 budget for a program and site study for a possible Village Hall expansion project; and WHEREAS, nine (9) proposals were received from interested firms in response to a Request for Proposals (RFP) to perform said study ranging in cost from $14,500 to $65,000; and WHEREAS, an RFP Review Committee reviewed these proposals and three (3) firms were selected as finalists and were provided interviews with the committee members; and WHEREAS, based upon the interviews, references, and further information gathered through RFP Review Committee member outreach and site visits, the committee recommends the selection of The Geddis Partnership in the amount of $36,000 to perform this program and site study. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook enter into an agreement with The Geddis Partnership for a program and site study of the Village Hall Facility in accordance with the provisions of its proposal, upon final terms and conditions to be finalized by the Village Administrator and special counsel; and be it FURTHER RESOVED, additional funds in the amount of$17,000 be transferred from Contingency Account Number 101.1990.424 to Interfund Transfer Account Number 101.9950.900 to cover the anticipated costs of this study. Mr. Bradbury gave a brief overview. He noted that the offices within the Village Hall are very crowded. The Police Facility, Treasurer's office, and Public Works are all crowded. There is space in the rear of the building that could be utilized. This study will review the space, the required additional office space that is needed, and the possibilities. Once the study Board of Trustees Meeting July 8,2008 Page 18 has been completed modifications to the building will be discussed. This is a needs assessment. Trustee Santon asked if the original architect who designed Village Hall should have been considered because they prepared the initial plan. Mr. Bradbury noted that he was one of the firms that responded and was considered, but the firm chosen was a unanimous choice. There is no preconceived idea of what to expect or what will be built. The review includes the design options, layouts and options, and cost estimates for construction costs. Trustee Santon noted that a complete picture is needed to fully evaluate the process. Mr. Carosi noted that this will be a space analysis. This is the initial phase to see what can be done, can it be done, and whether or not there is sufficient space to accomplish this. It was also noted that the Village does have the as-built plans for the Village Hall building. Mr. Bradbury stated that a lot of background research was done and his office is very comfortable with the firm that has been recommended. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye 6. CONSIDERING A TAX CERTIORARI REFUND FOR SOUND FEDERAL SAVINGS & LOAN ASSOCIATION/HUDSON CITY SAVINGS BANK, AND A BUDGET TRANSFER FOR THIS REFUND AND FOR THE KING STREET HOME TAX REFUND Mr. Bradbury read the following resolution: Board of Trustees Meeting July 8,2008 Page 19 RESOLUTION CONSIDERING A TAX CERTIORARI REFUND FOR SOUND FEDERAL SAVINGS & LOAN ASSOCIATION/HUDSON CITY SAVINGS BANK, AND A BUDGET TRANSFER FOR THIS REFUND AND FOR THE KING STREET HOME TAX REFUND WHEREAS, at the June 24, 2008 meeting of the Village Board, a tax settlement and repayment was approved for the King Street Home, Inc. resulting in a refund of certain tax payments in an amount estimated to be $40,314; and WHEREAS, the Village of Rye Brook has received from the Town of Rye a Court Order together with an Application for Refund for Sound Federal Savings & Loan Association/Hudson City Savings Bank for Town of Rye Assessment Roll Years 2003 through 2005 and 2007 for Section- Block-Lot 141.27-1-47 nka Lot 55 and 141.27-1-48, resulting in an estimated refund of certain Village tax payments in the amount of $1,240; and WHEREAS, the Judgments and Claims account had $15,000 budgeted in the approved 2008-09 annual budget for such purposes, necessitating the need for a budget transfer to make these additional payments. NOW, THEREFORE, BE IT RESOLVED, that the Village Treasurer is authorized to pay the tax refund as a result of the Sound Federal Savings & Loan Association/Hudson City Savings Bank court order in an estimated amount of$1,240; and BE IT FURTHER RESOLVED, that the following budget modification be hereby approved to pay both the Sound Federal Savings & Loan Association/Hudson City Savings Bank tax refund and the King Street Home, Inc. tax refund. FROM TO AMOUNT 101.1990.424 101.1930.439 $ 30,000.00 (Contingency) (Judgments & Claims) Board of Trustees Meeting July 8,2008 Page 20 Mr. Bradbury noted that the funds are being transferred to cover the settlement that was approved at the prior Board of Trustees Meeting. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Nay 7. CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE REGARDING BUILDING PERMIT FEES Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE REGARDING BUILDING PERMIT FEES WHEREAS, the Village of Rye Brook has reviewed the estimated cost of construction for larger projects in Rye Brook and compared these costs with the building permit applications and associated fees collected; and WHEREAS, as a result of this review, a new Building Permit fee is recommended to reflect the actual cost of construction of larger projects. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook License and Permit Fee Schedule hereby be modified as follows: Board of Trustees Meeting July 8,2008 Page 21 Current Fee Schedule: Building Permits: $75 plus Residential Filing Fee $12/$1,000 of construction costs. Recommended Fee Schedule: Building Permits: $75 plus Cost of Construction Residential Filing Fee Fee A and Fee B below. Fee A:Cost of Construction $12/$1,000 of construction costs as Areas of alteration and/or certified by owner and/or licensed new construction under 800 sf professional. Total new construction sf x$220 x Fee B:Cost of Construction: $12/$1,000(plus any alteration fees Areas of new construction 800 sf or from Fee A above). Note: sf based more. upon Gross Floor Area incl. basements and cellars. AND BE IT FURTHER RESOLVED, that total new construction square footage shall be determined using the definition of "Gross Floor Area" as defined in Section 250-2 of the Village Code, except that basements and cellars are to be included in the total square footage calculation; and BE IT FURTHER RESOLVED, that these fees be effective immediately for any building permit application that has not yet received a certificate of occupancy, as they are intended to reflect the current cost of construction Deputy Mayor Rosenberg noted that this matter was discussed at prior meetings and during the budget review. Trustee Santon stated that some of the construction applications that have come before the Board have been large structures. The Village's staff spends a lot of time reviewing these applications and he felt that the fees based upon underestimated costs, shortchanged the Village. The new method of construction cost determination fees ensures that residents paid their fair share. Mr. Bradbury noted that the applicants list the current costs of construction. The larger the project, the higher the costs. The Village believes that the values of construction have been understated. The recommendation was to charge fees more representative with the costs of construction. Board of Trustees Meeting July 8,Zoos Page 22 Trustee Santon noted that these changes were a step in the right direction, as in their permit applications residents were under-estimating the costs of construction. Deputy Mayor Rosenberg thanked that the Village's staff for their hard work. The Village is always looking for ways to look for new sources of revenue without raising taxes. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye 8. APPROVAL OF MINUTES: APRIL 8, 2008; MAY 13, 2008; MAY 27, 2008 Trustee Santon noted that he had changes to the summaries, some substantial and other minor. He stated that the names of all speakers should be input versus putting simply "a resident" or "the homeowner." On a motion made by Trustee Santon, and seconded by Trustee Brown, the summaries were adopted as amended. Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Board of Trustees Meeting July 8,2008 Page 23 Deputy Mayor Rosenberg called upon Mr. Bradbury for the Administrator's Report: ADMINISTRATOR'S REPORT: Mr. Bradbury began by stateing that the road resurfacing projects are on going. He noted that tomorrow morning work will begin on Woodland. Mr. Bradbury noted that the Village has had a very successful Little League Season so far, and that the traveling teams were doing well. Mr. Bradbury noted that the field schedules are now online thanks to Mr. Fred Seifert, Public Access Coordinator for the Village of Rye Brook. Con Edison is finally installing new telephone poles. They are replacing the poles that are really leaning. It was noted that the Public Works Department is doing well with landscaping work on the island on Rye Brook Streets and cul-de-sacs. Deputy Mayor Rosenberg reiterated that the Village is waiting for the Governor to sign the Library Legislation. Deputy Mayor Rosenberg turned to Trustee Santon for the first Discussion Item on the agenda: DISCUSSION ITEMS: 1. PROPOSED LEGISLATION REGARDING CURB CUTS AND DRIVEWAY ACCESS TO RYE BROOK ROADWAYS Trustee Santon noted that there was an article in the Journal News about a border battle in Scarsdale. It brings to mind prior projects over the years that included land use issues between Port Chester, Harrison, etc. He felt that the Village should regulate when building permits are issued in the surrounding municipalities and the curb cuts ends up in Rye Brook. There was a subdivision in Harrison that Rye Brook did not have any say, but the curb cut ended up off of Lincoln Avenue. Rye Brook should have the right Board of Trustees Meeting July 8,2008 Page 24 to review the applications of projects in adjoining municipalities that will have an impact on Rye Brook. Deputy Mayor Rosenberg asked if Rye Brook has the right to review these types of issues. Mr. Bradbury noted that the Village has the right to comment on projects that have an impact on Rye Brook. A curb cut into Rye Brook could mean roadway servicing, as well as additional traffic. Mr. Beane pointed out that this can be captured by amending the Village's Code. He noted that he would research this matter for the Board. 2. STEPPED UP ENFORCEMENT OF TRAFFIC SAFETY VIOLATIONS (SPEEDING, STOP SIGNS, ETC.) Trustee Santon has received a number of complaints regarding speeding and stop sign variations in Rye Brook. He stated that 30 mph is fast when you are driving down a residential street. When you factor in the parked cars, children playing, and people walking, then you have a safety issue. Chief Austin noted that the safety of the residents is a concern of the Police Department all year round. However, in the summer the Village parks are utilized more and more people are walking the streets. There are about 15-20 locations within the Village that have been reviewed. The reviews are followed up with enforcement. The goal is to make Village streets safe for all residents. Deputy Mayor Rosenberg opened the floor to members of the public wishing to address the Board. There being no one, he noted that the next Board of Trustee meetings were scheduled for July 22 and August 12, 2008. He called for a motion to adjourn. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the meeting was adjourned at 10:10 p.m. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Board of Trustees Meeting July 8,2008 Page 25