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HomeMy WebLinkAbout2007-10-30 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 30, 2007-7:30 P.M. AGENDA Executive Session — 7:00pm Legal and Personnel Matters ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Report by Chas H. Sells, Inc. regarding the draft Flood Mitigation Study in the Bowman Avenue area PUBLIC HEARINGS: (1) Public Hearing on proposed amendments to Chapter 250 of the Village of Rye Brook Village Code regarding amendments to the R2F zone (2) Public Hearing on proposed amendments to create a new Chapter of the Village of Rye Brook Village Code regarding Illegal Discharge Detection & Elimination (3) Public Hearing on proposed amendments to Chapter 235 of the Village of Rye Brook Village Code regarding the Tree Code RESOLUTIONS: (1) Considering amendments to Chapter 250 of the Village of Rye Brook Village Code regarding amendments to the R2F zone (2) Considering the creation of a new Chapter of the Village of Rye Brook Code regarding illegal discharge detection & elimination Board of Trustees Meeting October 30,2007 Page 1 (3) Authorizing support for municipal contributions for the New York State Hazard Mitigation Grant Program (4) Considering counsel retainer letter and expenditure of funds to draft library amendments (5) Authorizing a joint appraisal for the Rye Town Hilton property (6) Referring an application by Doral Arrowwood for a porte-cochere to the Planning Board for report and recommendation (7) Authorizing the use of Village Streets for the Tamarack Tower Foundation Thanksgiving Day Turkey Trot (8) Considering permission to use public property and a request for a waiver of portions of Chapter 123, filming, in the Village Code ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS (1) Status of the Amnesty Program (2) Legislation to change the method of real estate taxation of Condos ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: November 13 and November 27, 2007 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Paul Rosenberg Trustee Patricia Sanders-Romano Board of Trustees Meeting October 30,2007 Page 2 STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Mikal Nowak, Junior Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Secretary Mayor Lawrence Rand welcomed everyone to the regular meeting of the Board of Trustees. He noted that the first item on the agenda was a report regarding the Flood Mitigation Study in the Bowman Avenue area made by the firm of Chas. H. Sells, Inc. It was noted that this was a joint study, financed by Rye Brook and the City of Rye. Mr. Christopher Bradbury, Village Administrator, introduced Daniel S. Ionescu, P.E., Design Engineer, Susan K. Fasnacht, P.E., Vice President—Civil, and David Weiss, P.E. as the representatives from Chas. H. Sells, Inc. REPORT: (1) REPORT BY CHAS H. SELLS, INC. REGARDING THE DRAFT FLOOD MITIGATION STUDY IN THE BOWMAN AVENUE AREA Mr. Ionescu addressed the Board. He noted that a draft report was submitted on the flood mitigation study. The study was a very focused study. Mr. Ionescu's presentation included a project overview, a description of the existing conditions, an alternative analysis, review of the preferred alternatives, conclusions and recommendations, and final next steps. The study addressed the impact and benefits and reviewed upstream alternatives. An area map was part of the slide presentation, and was used to point out the flood plain and residential areas. Data was collected from the stream and previous Army Corp of Engineer's reports were reviewed. Notable events were also reviewed, and twenty-four alternatives were created. These alternatives included optimizing the outlet of the dam, raising the crest of the dam, resizing the upper pond to increase storage capacity, dredging the pond, and combinations of all of the alternatives. Board of Trustees Meeting October 30,2007 Page 3 The results of this analysis show a meaningful flow reduction. The objective is to increase the capacity and optimize the outlet at the dam. Retrofitting the dam with a sluice gate would optimize the opening and control the flow. The options that would not work were discarded, and the remaining alternatives were thoroughly analyzed. Also taken into consideration was the review of upstream properties to ensure that there is no increase to the watershed or backwater effect. Mr. Bradbury noted that the Village of Rye Brook is reviewing the Blind Brook Watershed in the hopes that there will be additional projects identified that will help. He also noted that additional studies are being done to the Main Branch and the Western Branch of the Blind Brook. The Hazard Mitigation Plan is also being worked on at this time. There is federal funding available through this program. Trustee Paul Rosenberg noted that one of the alternative analysis discussed modifications to the lower pond, including the removal of the peninsula portion of the property. However, it was found that this alternative would have negligible affects, therefore it was removed from the report. Mr. Ionescu noted that a step back was taken when the City of Rye looked at this report and requested a different alternative. He noted that he reviewed the report from a purely engineering perspective. Trustee Michael Brown noted that there were other alternatives to be reviewed for the lower pond. Mr. Ionescu stated that these alternatives include pre-draining and no pre-draining. Verbiage to address the pre-drain issues will be added to the report. Trustee Patricia Sanders Romano asked that the term, pre-drainage, be explained. Mr. Ionescu stated that the pond would be drained prior to storm management in order to increase the capacity. The lower pond was designed for flood control. Trustee Joan Feinstein noted that this report is not complete, and she questioned what the impact would be on the sluice gate. Mr. Ionescu responded the advantage of the sluice gate is that it can be recalibrated. Mayor Rand noted that everyone is looking for an answer to a long standing problem. The focus of the study is the upper pond. Board of Trustees Meeting October 30,2007 Page 4 Mayor Rand called for questions from members of the public. A resident of Brook Lane addressed the Board. He felt that controlling the flow of water could mean backing it up. He noted that he had two (2) floods over a six (6) week period. He was very concerned that the work in the Bowman Avenue area would cause him additional flooding. Mayor Rand stated that the re-sizing of the upper pond should not have an effect upstream. Mr. Bradbury noted that there are street improvements which have been scheduled to be done in the Brook Lane area. These improvements should help alleviate some of the flooding issues. Dean Santon of Hillandale Road addressed the Board. He asked what the maximum square footage of the sluice gate would be. The response was that it would be 30 square feet. Mr. Santon expressed his opinion that building up the banks of the pond was a viable next step. Mayor Rand thanked the representatives of the firm of Chas. H. Sells, Inc. for their report. Mayor Rand returned to the agenda and asked that an item be taken out of order. With the consensus of the Board item # 3 under resolutions was called before the Board. (3) AUTHORIZING SUPPORT FOR MUNICIPAL CONTRIBUTIONS FOR THE NEW YORK STATE HAZARD MITIGATION GRANT PROGRAM Mr. Bradbury read the following resolution: Board of Trustees Meeting October 30,2007 Page 5 RESOLUTION AUTHORIZING SUPPORT FOR MUNICIPAL CONTRIBUTIONS FOR THE NEW YORK STATE HAZARD MITIGATION GRANTS WHEREAS, the Federal Emergency Management Agency (FEMA) has made Hazard Mitigation funds available to communities within New York State; and WHEREAS, these competitive funds are available through a Hazard Mitigation Grant Program (HMGP) administered by the New York State Office of Emergency Management; and WHEREAS, there is a twenty-five percent (25%) local contribution for any approved application, the proposed project, estimated cost and Rye Brook share of any approved project are as follows: Estimated Proposed project Total Cost Village Share Brook Lane storm drainpipe and basin improvements $ 65,000 $ 16, 250 Eagles Bluff storm drain improvements $ 40,000 $ 10,000 Bowman Avenue sluice gate project $1-2 M $250,000- $500,000* *25% total contribution cost to be shared with the City of Rye. THEREFORE, BE IT RESOLVED, that the Village of Rye Brook herby supports the grant applications for the Hazard Mitigation Grant Program and the twenty-five percent (25%) local contribution for any approved projects. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. Board of Trustees Meeting October 30,2007 Page 6 Mr. David Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury was called upon to review the first public hearing on the agenda. PUBLIC HEARINGS: (1) PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING AMENDMENTS TO THE R2F ZONE Mr. Bradbury made a brief presentation regarding the genesis of this proposed local law. He noted that the objective was to ensure that there is sufficient off-street parking in two-family zones. Trustee Rosenberg questioned who would enforce this local law, and what fines would be assessed. It was noted that there are several hundred homes within the Village that would be affected by this local law. This law would make it difficult to convert a single family home to a two-family home. Trustee Feinstein requested clarification of the proposed amendments. Mr. Bradbury noted that right now in several of the two (2) family areas there is a limited number of off-street parking. If an illegal two-family home is discovered, then the owner has the option of requesting a change to a two-family home. To accomplish this change the requirements in the Village's Code must be met. Dean Santon noted that having served as a Trustee he remembered parking problems discovered in the Garibaldi area. If someone wants to turn a one- family dwelling into a two-family one of the requirements is that they must provide parking. The quality of life in these areas has been eroded because of the density in population that has been discovered. These amendments make it more difficult to convert a one-family home into a two-family home. Board of Trustees Meeting October 30,2007 Page 7 Mayor Rand, after hearing the concerns expressed by Board members, noted that it was his opinion that the matter be held over to the next meeting. After a continued discussion, the decision was made to keep the matter open for further review. The resolution on this matter was not called before the Board. Mr. Bradbury called for the second matter under Public Hearings: (2) PUBLIC HEARING ON PROPOSED AMENDMENTS TO CREATE A NEW CHAPTER OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING ILLEGAL DISCHARGE DETECTION & ELIMINATION Mr. Bradbury noted that this local law is part of the Village's compliance with the storm water discharge permit requirements of the Department of Environmental Conservation. Trustee Rosenberg asked that Mr. Victor Carosi, Village Engineer, address the amendments to this local law. Mr. Carosi, Village Engineer, began his presentation by noting that the intent of this local law was to help the Village. The Village must make sure that the discharge that comes out of the pipes is not polluted. A preliminary mapping of all of the outflow from the storm drains has been completed. The Village will now start inspecting the storm drains to see what is coming out of them. This legislation will help locate the polluters and help enforce compliance and fines. The law is intended to exempt downspouts, gutters, and sump pumps that are draining ground water from a basin. The purpose of this legislation is geared towards the polluting of the storm drain system. Trustee Rosenberg questioned how the violations will be issued. Mr. Carosi noted that this local law was created by using a model legislation and it was modified to fit Rye Brook. There are permitted polluters, and these are normally corporations and not individual homeowners. If an inspection is done and the pollutants are traced to a homeowner, then the court system and this legislation would be used. The goal is to stop the discharge. Board of Trustees Meeting October 30,2007 Page 8 On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Roman, the public hearing was closed. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution regarding Illegal Discharge and Detection: (2) CONSIDERING THE CREATION OF A NEW CHAPTER OF THE VILLAGE OF RYE BROOK CODE REGARDING ILLEGAL DISCHARGE DETECTION & ELIMINATION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE CREATION OF A NEW CHAPTER OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING ILLICIT DISCHARGE DETECTION AND ELIMINATION WHEREAS, a local law has been proposed to create a new chapter of the Village Code regarding illicit discharge detection and elimination to satisfy the Village's MS4 requirements; and WHEREAS, on October 30, 2007 the Board of Trustees opened a public hearing on the subject Local Law, 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 October 30, 2007. NOW, THEREFORE, BE IT RESOLVED, a new chapter of the Code of the Village of Rye Brook regarding illicit detection and elimination is hereby adopted; and Board of Trustees Meeting October 30,2007 Page 9 BE IT FURTHER RESOLVED, that the License and Permit Fee Schedule is hereby modified to include a fee of$500 for this purpose On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was adopted, as amended: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the third public hearing on the agenda: (3) PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE TREE CODE Mr. Bradbury noted that this was a continuation of a public hearing on the new tree code. At the last meeting, several questions were asked and the Environmental Council met last Monday to address these questions. Trustee Sanders Romano noted that there was a difference between what currently exists and what is now being proposed. She asked for background on these changes. Michal Nowak, Junior Engineer, addressed the Board. He noted that comments and questions from the last meeting were referred to the Environmental Counsel. One question surrounded the diameter of trees. It was noted that in researching other municipalities in Westchester County it was revealed that the majority of municipalities have either a 4", a 6", or an 8" requirement. The protected specie tree list was removed and the Village feared that there would be a rush to remove trees because of this. The Village of Rye Brook is within an important pathway for migrating birds. In addition there are certain species of wildlife that inhabit the area. There needs to be a protection of habitat for such species and migrating birds. A member of the Environmental Council noted that removal of nests could be Board of Trustees Meeting October 30,2007 Page 10 a federal offense. There is a wildlife hotline that should be contacted prior to any nests being removed. Mr. Nowak noted that the Environmental Counsel discussed the definition of clear cutting at great length. Clear cutting has been defined as more than 30% of tree removal of trees that are each 4" or more in diameter over any five (5) year period as determined on the basis of tree requiring a tree removal permit on said property. Trustee Brown felt that the Environmental Council has done a tremendous job on the proposed changes to this portion of the Village's Code. The changes give the Village some control over what trees will come down, and control over the replacement of trees removed. Trustee Rosenberg noted that there have been applicants who have brought an appeal to the Village and have retained the services of an arborist. He felt that the Village should not require an applicant to bring an arborist to address the appeal. He felt that it was unfair to give the Environmental Counsel the ability to spend other people's money. Trustee Brown felt that the applicant should be notified if the Environmental Counsel felt it was necessary to retain the services of an arborist, at the applicant's cost. Edward Beane, Esq., Village Counsel, noted that if there is a violation then a fine will be accessed. Receiving a tree removal permit is a privilege and not a right. Trustee Sanders Romano thanked Mr. Nowak for clearing up a lot of questions. Mr. Nowak thanked the Environmental Counsel for their hard work. Mayor Rand noted that this matter would continue to the November 13, 2007 meeting of the Board of Trustees. Mr. Bradbury noted that the resolution on this matter would not be called before the Board as it needed to be put into final form for adoption. The public hearing would remain open until the next meeting. Mayor Rand called for the next item on the agenda: Board of Trustees Meeting October 30,2007 Page 11 4) CONSIDERING COUNSEL RETAINER LETTER AND EXPENDITURE OF FUNDS TO DRAFT LIBRARY AMENDMENTS Mr. Bradbury read the following resolution: RESOLUTION CONSIDER COUNSEL RETAINER LETTER AND EXPENDITURE OF FUNDS TO DRAFT LIBRARY AMENDMENTS WHEREAS, the Villages of Rye Brook and Port Chester, and the Port Chester Public Library Board seek legal services in connection with drafting amendments to the Library Charter to be approved by the New York State Legislature and to prepare an Inter-municipal Agreement among the three groups; and WHEREAS, the Library Board has received a retainer letter dated October 18, 2007 from the law firm of Turner and Turner to perform these legal services. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook herby approves the expenditure of funds for legal services to the law firm of Turner & Turner of 35 Truesdale Drive, Croton, NY 10520; and be it further RESOLVED, that the Village of Rye Brook, Village of Port Chester and the Port Chester Public Library will equally share the cost of said legal services; and be it further RESOLVED, that funding for these expenses will be paid directly to the Port Chester Public Library and be paid from the Village of Rye Brook Library Contingency account (7410.424). Mayor Rand called for discussion on this matter. Trustee Rosenberg raised one question what the maximum was when the Village approved the expenditure of funds. Mr. Bradbury suggested that a cap be put in place. Board of Trustees Meeting October 30,2007 Page 12 Trustee Feinstein reviewed the agreement. She noted that it is very difficult to ascertain the actual cost of the project. Some numbers have been thrown out and she also felt comfortable placing a cap on funds to be expended. Trustee Feinstein noted that Port Chester has not voted on this resolution. Mr. Beane noted that the resolution could have a condition stating a capped fee of $5,000 for reimbursement by the Village of Rye Brook. Trustee Rosenberg asked that these amendments be added to the resolution in a resolved clause. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted as amended. Mr. David Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE (5) AUTHORIZING A JOINT APPRAISAL FOR THE RYE TOWN HILTON PROPERTY Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING A JOINT APPRAISAL FOR THE RYE TOWN HILTON PROPERTY WHEREAS, the Rye Town Hilton is challenging the Town of Rye assessments for the years 2004, 2005, 2006 and 2007; and Board of Trustees Meeting October 30,2007 Page 13 WHEREAS, the Town of Rye, the Port Chester Union Freed School District and the Village of Rye Brook all have a substantial interest in this litigation and assessment that is applied for tax purposes; and WHEREAS, the Town Assessor has received an appraisal agreement, dated October 11, 2007 from CB Richard Ellis to prepare an appraisal report for the Rye Town Hilton property. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorize the expenditure of funds to the Town of Rye for a joint appraisal of the Rye Town Hilton, in accordance with the terms of the October 11, 2007 appraisal agreement, with the total costs to be shared equally with the Town of Rye and the Port Chester Union Free School District; and be it further RESOLVED, that as a condition of this expenditure, the Village of Rye Brook be provided with a copy of the draft appraisal report when it is prepared, and that no settlements be made on this property without consultation with the Rye Brook Village Board. Trustee Rosenberg asked that the amount that the Village of Rye Brook will be splitting with the Town be included in the resolution. Mayor Rand noted that the amount was $20,000.00. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. David Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting October 30,2007 Page 14 (6) REFERRING AN APPLICATION BY DORAL ARROWWOOD FOR A PORTE-COCHERE TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION REFERRING AN APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR THE DORAL ARROWWOOD CONFERENCE CENTER, SECTION 129.34, BLOCK 1, LOT 43,44, and 45 TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, on September 6, 2007, Doral Conference Center Associates submitted an application to amend the approved site plan for the Doral Arrowwood Conference Center located on Anderson Hill Road west of King Street in Section 129.34, Block 1, Lot 43, 44 and 45 of the PUD Zoning District and the Anderson Hill Scenic Roads Overlay District proposing to expand the existing porte-cochere at the entranceway of the conference center building. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself Lead Agency for review of the subject application in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and after review of the Short EAF and other application materials submitted, makes a preliminary classification of the proposed action as Unlisted; and BE IT FURTHER RESOLVED, that the subject application shall be referred to the Village Planning Board for a report and recommendations, the Westchester Department of Planning, the Town of Greenwich, CT and the Town/Village of Harrison; and BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification; and BE IT FURTHER RESOLVED, that the applicant shall deposit the sum of $2,500 into the Village's professional fees/environmental review Board of Trustees Meeting October 30,2007 Page 15 fund, and such additional sums as may be requested, to defray the costs of review of this application. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE (7) AUTHORIZING THE USE OF VILLAGE STREETS FOR THE TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR THE TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT WHEREAS, the Tamarack Tower Foundation requests permission to hold its annual Thanksgiving Day Turkey Trot on Thursday, November 22, 2007 from 9:30 AM to 10:30 AM. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village streets on November 22, 2007 from 9:30 AM to 10:30 AM along the route described in the letter dated October 10, 2007 from Peter Mutino, President of the Tamarack Tower Foundation; and be it Board of Trustees Meeting October 30,2007 Page 16 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. There was no discussion on this matter. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE (8) CONSIDERING PERMISSION TO USE PUBLIC PROPERTY AND A REQUEST FOR A WAIVER OF PORTIONS OF CHAPTER 123, FILMING, IN THE VILLAGE CODE. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING PERMISSION TO USE PUBLIC PROPERTY AND A REQUEST FOR A WAIVER OF PORTIONS OF CHAPTER 123, FILMING, IN THE VILLAGE CODE WHEREAS, the Village has received a filming application from Mandy Goldberg and Patricia Casby of Cinapse LLC/Donahuefilm LLC to film on public property a short film called "Waiting Room" at Garibaldi Park and outside the AJP Community Center from 10:30a.m. to 2:30p.m. on Sunday, November 4, 2007; and WHEREAS, under Section 123-10 of the Code, the applicant has requested permission to film on public property and has also requested a waiver of all non-personnel fees and to be permitted to film on a Sunday. Board of Trustees Meeting October 30,2007 Page 17 NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby determines as follows: • The use of public property is hereby APPROVED/DISAPPROVED. • The waiver of non-personnel fees are APPROVED/DISAPPROVED. • The applicant MAY/MAY NOT be permitted to film on Sunday, November 4, 2007. It was noted that this was a short film and the timeframe for the use of the park was between 2:00 and 4:00 p.m. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. David Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury reminded everyone that on Halloween night the parks are closed. In prior years there were some incidents and police will be patrolling the parks to ensure adherence to the park closing times. It was noted that credit cards are accepted in the Building and Recreation Departments. This season will be the first time that this option of payment is available to the residents. The Leaf Program is moving along. Leaves have come down late this fall, and there could be potential problems if there is an early snowfall. Residents were reminded to keep the leave piles uncontaminated and close to the curb. Board of Trustees Meeting October 30,2007 Page 18 Police Chief Greg Austin noted that the police would be patrolling the parks and streets on Halloween. Halloween should be a fun and safe holiday for our children. Mayor Rand noted that the proliferation of signs has become an eye-sore. The Village has restrictions on the installation of signs. He noted that very often the police department has removed signs that have been left from yard sales and certain real estate offices. Mayor Rand noted that Martin Rogowsky, County Legislator, has been following up on the changes at the Westchester County Airport and would be attending a Board of Trustees meeting to give a presentation on these changes. Mayor Rand called for the first of two (2) discussion items on the agenda: DISCUSSION ITEMS 1) STATUS OF THE AMNESTY PROGRAM Trustee Feinstein noted that the Amnesty Program would be expiring December 31, 2007. This program has been very successful. Mr. Carosi agreed that this has been a very successful program. The Village has received about a dozen or a dozen and half applications. He felt that the program had accomplished its goal and created an awareness for the residents of the Village regarding what types of construction require permits. It was felt that it is an appropriate time to close. 2) LEGISLATION TO CHANGE THE METHOD OF REAL ESTATE TAXATION OF CONDOS Trustee Feinstein noted that Co-Ops and Condos are taxed differently. Board of Trustees Meeting October 30,2007 Page 19 Edward Beane responded that this has been going on for a long time. Historically Co-Ops and Condos are not treated like residents. Therefore they are probably assessed at a lower rate than they would be assessed if they were assessed like a one-family residence. They are not assessed at market value but rather more like rental properties. This matter will be reviewed and will come before the Board of Trustees again. Mayor Rand opened the floor to members of the community. Dean Santon noted that he was concerned regarding some of the issues that have come up during the Town of Rye election season that have more to do with the Village of Rye Brook then they have to do with the Town of Rye. One particular issue was the changes that are proposed for the County Airport. He felt that there should be public hearings held in connection with these changes that all of the residents are aware of the changes being proposed. Mayor Rand responded that Commissioner Salley and Martin Rogowsky will be coming to a Board of Trustee meeting to review these issues. There are new landing patterns and the planes are now flying higher. This could cause more pollution. The County has also been monitoring noise. Mayor Rand noted that the commercial carriers are more beneficial than the private carriers. Dean Santon pointed out that the Town of Rye made a very elaborate presentation of a project, which includes a land swap with the Village of Rye Brook, at the Port Chester Middle School. Mayor Rand noted that the Board has discussed the concept of affordable housing and transferring property from Rye Brook to the Town. Funds would come in from the County for this project, but it is not a slam dunk deal. He stressed that the Village of Rye Brook supports affordable housing, but no one is sure of whether or not it will become a reality. Trustee Feinstein noted that the affordable housing project is conceptual. There have been some discussions. Dean noted that the Town is spending taxpayer money doing research on this project. He questioned who designated the Town of Rye as the spokesperson for the Port Chester school district property and the Village of Rye Brook property. Board of Trustees Meeting October 30,2007 Page 20 Joe Carvin, resident of Hillandale Road addressed the Board. He requested clarification on the re-evaluation. Mayor Rand noted that there have been some situations where tax certs proposed by the Town of Rye have been rejected, and others where they have been accepted. This is taxpayers' money and decisions such as these warrant careful consideration. Mr. Carvin also requested that the Town of Rye debate be telecast in Rye Brook. Mr. Bradbury noted that the Village's guidelines do not allow for this Debate to be telecast. Mayor Rand reminded everyone of the Town of Rye elections scheduled for the following week. He encouraged all residents of Rye Brook to go out and vote next week. Mayor Rand noted that the next Board of Trustees Meetings were scheduled for November 13 and November 27, 2007. There being no further business before the Board, the meeting was adjourned at 10:25 p.m. Board of Trustees Meeting October 30,2007 Page 21