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HomeMy WebLinkAbout2005-06-14 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JUNE 14, 2005-7:30 P.M EXECUTIVE SESSION 6:15 P.M.: Board of Police Commissioners/Board of Trustees Executive Session. ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC HEARINGS: 1) Consideration of a modified site plan for 800 Westchester Avenue on behalf of WRNN-TV Associates Limited Partnership with regard to the installation of 10 Satellite Earth Station Antennas. 2) Consideration of an application by Verizon New York, Inc. for site plans approval to locate two (2)pole mounted fiber distribution HUB boxes at different locations in the Village of Rye Brook. 3) Consideration of a local law amending Chapter 212, Sprinkler Systems, of the Code of the Village of Rye Brook. RESOLUTIONS: 1) Conditionally approving a modified site plan for 800 Westchester Avenue on behalf of WRNN-TV Associates Limited Partnership with regard to the installation of 10 Satellite Earth Station Antennas. 2) Resolution approving an application by Verizon New York, Inc. for site plans approval to locate two (2)pole mounted fiber distribution HUB boxes at different locations in the Village of Rye Brook. 3) Adopting a local law amending Chapter 212, Sprinkler Systems, of the Code of the Village of Rye Brook. 4) Appointment of Junior Civil Engineer. 5) Approving the final design of the King Street Athletic Fields project. 6) Granting a ninety (90) day extension of the site plan and wetlands permit approvals for phase three(3) of the Reckson Executive Park until November 7, 2005. Board of Trustees Meeting June 14, 2005 Page 1 of 20 7) Setting a public hearing date on a local law to amend Chapter 250 of the Village Code regarding notification requirements. 8) Setting a public hearing date on a local law to amend Chapter 186 of the Village Code concerning off-street parking requirements for commercial vehicles in residential zoning districts. 9) Setting a public hearing date on a local law to amend Chapter 240 of the Village Code concerning the installation of a stop sign on Meadowlark Road at Robins Roost. 10) Supporting efforts to reform the Alternative Minimum Tax. 11) Authorizing the submission of a NYS Home Rule request for a Hotel Occupancy Tax. 12) Authorizing the Village of Rye Brook to enter into an inter-municipal agreement with Westchester County for sharing of Geographical Information System data. 13) Approving the use of Village streets for the Friends of Crawford Park 5K race. ADMINISTRATOR'S REPORT: • Update on Hazard Mitigation Plan OLD BUSINESS: NEW BUSINESS: • Speeding throughout the Village DISCUSSION ITEM: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING: THE NEXT TRUSTEES MEETINGS June 28, 2005 and July 12, 2005 PRESENT: BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg Board of Trustees Meeting June 14, 2005 Page 2 of 20 STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Theodore Sabato, Police Chief Victor Carosi, Village Engineer Marilyn Timpone-Mohamed, Village Consultant Robert Bertolacci, Parks and Recreation Superintendent Fred Seifert, Public Access Coordinator CONVENE Mayor Rand called the meeting to order, beginning with the Pledge of Allegiance. He welcomed everyone to the June 14, 2005 Board of Trustees meeting. Mayor Rand called for the first item on the agenda: PUBLIC HEARINGS: 1) CONSIDERATION OF A MODIFIED SITE PLAN FOR 800 WESTCHESTER AVENUE ON BEHALF OF WRNN-TV ASSOCIATES LIMITED PARTNERSHIP WITH REGARD TO THE INSTALLATION OF 10 SATELLITE EARTH STATION ANTENNAS. Mayor Rand opened the public hearing and asked from the public. Representing WRNN, Mr. Anthony Gioffre, Esq., of Cuddy and Feder addressed the Board regarding the site plan application. Mr. Gioffre stated that WRNN is seeking to install ten(10) Satellite Earth Station Antennas at the property located at 800 Westchester Avenue. WRNN seeks to use this location as executive and administrative offices as well as newsrooms and studios to broadcast news regarding weather, sports, etc. Mr. Christian French, Vice President of WRNN also addressed the Board, giving further background as to WRNN operational functions. WRNN is in the process of constructing a new state-of-the-art broadcasting facility at the property located at 800 Westchester Avenue. The Satellite Earth Station Antennas are essential for WRNN to properly provide their specific product to the public. Each antenna has a specific responsibility in up-to-date news reporting. Mr. Gioffre noted that the Village's Consultant, Mr. Musso was in attendance to respond to questions and comments. The applicant has been working to respond to all of this questions and requests. He expects to be able to respond by the next Board of Trustees meeting. Mr. Michael Musso, Village Consultant, addressed the Board. He noted that they were recently contacted by the Village to review this proposed application. There was a Planning Board meeting in May and this matter was discussed. A concern Board of Trustees Meeting June 14, 2005 Page 3 of 20 is public safety. Two antennas will be transmitting and eight will be receiving. He noted that he was reviewing due diligence items, such as the number and size of the antennas. These items will be reviewed. Some of the other aspects that were discussed at the Planning Board meeting were the visual aspects of the antennas. It was noted that screening should be provided to lessen the visual impact to the community. Mr. Musso noted that a site was completed and comments were solicited at the May 25th Planning Board meeting. Radio frequency calculations, such as the beam and power, are being reviewed and analysis will be provided in his report. In addition, all supplemental information will be provided in the report, however, further information is still needed. Regarding a preliminary report, Mr. Musso respectfully requested to wait until the report is completed to comment on the matter, however, he believes that there is no concern regarding exposure to the frequencies being emitted. Mayor Rand felt more comfortable holding the public hearing open until the Zoning Board of Appeals made its determination. This matter would be held open to the July 12,2005 Board of Trustees meeting. Trustee Feinstein agreed with Mayor Rand to hold the public hearing open until the Zoning Board of Appeals made their determination. She wanted to be sure that the Port Chester School District was aware of this application. Mr. Bradbury assured Trustee Feinstein that they have been notified and that they are aware of this application. Trustee Rosenberg noted that July 7, 2005 was the date of the Technology & Communications Committee meeting. He asked that this matter be referred to that committee as well for feedback. The applicant agreed and requested that Mr. Musso also attend this meeting. Mayor Rand called for a motion to adjourn the public hearing until July 12, 2005. A motion was made by Trustee Feinstein, and seconded by Trustee Brown. The public hearing was adjourned. Keith Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting June 14, 2005 Page 4 of 20 2) CONSIDERATOIN OF AN APPLICATION BY VERIZON, NEW YORK, INC. FOR SITE PLAN APPROVAL TO LOCATE TWO (2) POLE MOUNTED FIBER DISRBITUION HUB BOXES AT DIFFERENT LOATOINS IN THE VILLAGE OF RYE BROOK. Mr. Bradbury stated that during the last meeting various HUB boxes were approved, however these two locations were held off for action until this meeting. The two locations of the HUB boxes under consideration are one on Lincoln Avenue and one on Betsy Brown Road. Michael Miles, the representative from Verizon, addressed the Board. He noted that he worked with two residents to relocate the HUB box. Shrubs will be planted on the side of the HUB box, which has been relocated to the rear of the pole. Trustee Rosenberg asked for the timeframe for installation. Work to be completed in September. Process is normally completed within six weeks. Trustee Brown thanked Verizon for working with the Village and residents. Mayor Rand called for a motion to close the public hearing. A motion was made by Trustee Rosenberg, and seconded by Trustee Feinstein. The public hearing was closed. Keith Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AVE RESOLUTION 2) RESOLUTION APPROVING AN APPLICATION BY VERIZON NEW YORK, INC. FOR SITE PLAN APPROVAL TO LOCATE TWO (2) POLE MOUNTED FIBER DISTRIBUTION HUB BOXES AT DIFFERENT LOCATIONS IN THE VILLAGE OF RYE BROOK. Mr. Bradbury read the following resolution: Board of Trustees Meeting June 14, 2005 Page 5 of 20 RESOLUTION RESOLUTION APPROVING AN APPLICATION BY VERIZON NEW YORK, INC. FOR SITE PLAN APPROVAL TO LOCATE TWO (2) POLE-MOUNTED FIBER DISTRIBUTION HUB BOXES AT DIFFERENT LOCATIONS IN THE VILLAGE OF RYE BROOK WHEREAS, Verizon New York, Inc. ("Verizon") has submitted a Site Plan Application to consider the placement of fifteen (15) pole-mounted fiber distribution HUB boxes ("HUB Boxes") at various locations in the Village of Rye Brook; and WHEREAS, in connection with said application, Verizon has represented to the Village that if its Site Plan Application is granted, it will not seek to institute any cablevision or video service or offer said service to Rye Brook residents in the absence of a negotiated franchise agreement with the Village and the receipt of approval from the New York State Public Service Commission ("PSC"); and WHEREAS, the Board of Trustees has reviewed the information and plans submitted by the Applicant in connection with the Site Plan Application ("Application"), including the Application, the Short Form EAF, Verizon's Fiber To The Premises ("FTTP") Cable Service Presentation and the Site Plan prepared by Charles H. Sells, Inc., dated May 5, 2005, showing pictorially and through number designations on the Site Plan, the location of each of the proposed HUB Box sites; and WHEREAS, having completed its review of said documents, including the submitted Environmental Assessment Form, pursuant to the State Environmental Quality Review Act, the Board of Trustees determines the project to be a Type II action under §615.5 of said Act, thereby ending the SEQRA process; and WHEREAS, the Applicant has complied with the public notification requirements in § 250-40 of the Village Code, by complying with the public notification requirements included in the Village Board's May 10, 2005 Resolution, namely the posting at each proposed installation location of an appropriate sign identifying the owner, purpose of the public hearing and the public hearing date, on or before May 17, 2005; and WHEREAS, the Board of Trustees has retained approval authority with respect to this Application because it involves property within the Village's public right-of-way; and WHEREAS, the Board of Trustees conducted a public hearing to consider the Application on May 24, 2005 at 7:30 p.m.; and WHEREAS, the Board of Trustees adopted a resolution at the May 24, 2005 meeting approving the installation of HUB boxes at thirteen (13) locations and set a public hearing for June 14, 2005 to consider the remaining two (2)proposed locations. Board of Trustees Meeting June 14, 2005 Page 6 of 20 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed raised HUB Box at Location 8, Pole W3, Lincoln Avenue, HUB 4003 Large, as depicted on the photograph on the May 5, 2005 Site Plan with the following modifications installed on the side of the pole [unanimously approved]; and BE IT FURTHER RESOLVED, that the Board of Trustees approves Verizon's Application to install the proposed HUB Box at Location 9, Pole W2, Betsy Brown Road, HUB 4004 Large, as depicted on the photograph on the May 5, 2005 Site Plan with the following modifications installed at the rear of the pole and shrubs on both sides of the pole [unanimously approved]; and BE IT FURTHER RESOLVED, any additional approvals required by any Federal, State or municipal agency be obtained and a copy of such be provided to the Village prior to the commencement of any installation activities; and BE IT FURTHER RESOLVED, that Applicant's May 5,2005 Site Plan shall be annexed to and made a part of this Resolution as if fully set forth herein; and BE IT FURTHER RESOLVED, that this Site Plan Approval is conditional upon the Applicant's compliance with the provisions of the second WHEREAS clause in this Resolution; and BE IT FURTHER RESOLVED, that if a revised Site Plan is necessary, said Site Plan shall incorporate the changes to the May 5, 2005 Site Plan included in this Resolution and shall be reviewed and approved by the Village planning consultant prior to the commencement of any installation activities; and BE IT FURTHER RESOLVED, that all boxes be painted with a mutually agreed upon color, either by the Village with reimbursement from Verizon, or by Verizon at its sole cost. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 3) CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 212, SPRINKLER SYSTEMS, OF THE CODE OF THE VILLAGE OF RYE BROOK. Board of Trustees Meeting June 14, 2005 Page 7 of 20 Mr. Bradbury noted the Village was looking to revise the sprinkler system local law and that this matter was reviewed by the Zoning Board of Appeals. The local law under consideration would encompass the regulation of commercial buildings, certain residential sprinkler systems, specially permitted uses, commercial uses of residential buildings, day care centers, attached residential units, increasing a building by 50%, and new residential constructions. Trustee Feinstein noted the current law was being reviewed by the ZBA because of the difficulty interpreting the law. A balance has now been achieved and the law has been clarified. Trustee Rosenberg asked that applications in process should be included. Mr. Beane noted that applications in progress would be reviewed under the revised local law. Trustee Brown noted that the cost of the sprinkler system could sometimes make the project cost prohibitive. Mr. Carosi noted that there is a significant cost impact. There are number of possibilities, if there is adequate pressure. This is an engineering matter. It's the choice of designer of the home to match the needs of the pre-existing conditions and could not be solved with legislation. The local water company sometimes requires an upgrade in the service line. Mayor Rand called for a motion to close the public hearing. A motion was made by Trustee Feinstein, and seconded by Trustee Rosenberg. The public hearing was closed. TRUSTEE BUZIN VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 3) ADOPTING A LOCAL LAW AMENDING CHAPTER 212, SPRINKLER SYSTEM, OF THE CODE OF THE VILLAGE OF RYE BROOK RESOLUTION ADOPTING A LOCAL LAW AMENDING CHAPTER 212, SPRINKLER SYSTEMS, OF THE CODE OF THE VILLAGE OF RYE BROOK Board of Trustees Meeting June 14, 2005 Page 8 of 20 WHEREAS, the Board of Trustees is considering a local law to amend Chapter 212 of the Code of the Village of Rye Brook entitled "Sprinkler Systems" to incorporate definitions and text to clarify the threshold requirements for the sprinklering of residential and commercial buildings and to incorporate the current use and occupancy classifications specified in the New York State Uniform Fire Prevention and Building Code; and WHEREAS, the proposed local law was referred to the Sprinkler Committee and the Zoning Board of Appeals for review and comments and comments were received; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on June 14, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on June 14, 2005; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds that it is in the best interests of the Village to adopt such local law. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby adopts the proposed local law amending Chapter 212 of the Village Code to incorporate definitions and text to clarify the threshold requirements for the sprinklering of residential and commercial buildings and to incorporate the current use and occupancy classifications specified in the New York State Uniform Fire Prevention and Building Code. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 4) APPOINTMENT OF JUNIOR CIVIL ENGINEER Mr. Bradbury read the resolution RESOLUTION APPOINTMENT OF JUNIOR CIVIL ENGINEER Board of Trustees Meeting June 14, 2005 Page 9 of 20 RESOLVED, that Michael Nowak of 7 Cypress Street, Yonkers,New York, is hereby appointed provisionally to the position of Junior Civil Engineer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $47,000 with an effective start date of July 5, 2005. Mr. Bradbury noted that Mr. Nowak is currently employed by consultant engineers. This is a position that everyone is extremely excited to have filled. The Board welcomed Mr. Nowak to Rye Brook. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. Mr. Carosi thanked the Board for this appointment. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 5) APPROVING THE FINAL DESIGN OF THE KING STREET ATHLETIC FIELDS PROJECT Mr. Bradbury read the resolution: RESOLUTION APPROVING THE FINAL DESIGN OF THE KING STREET ATHLETIC FIELDS PROJECT WHEREAS, the Village of Rye Brook intends to construct new athletic fields on a parcel of land located on the west side of King Street approximately 200 feet south of the intersection of King Street and Glenville Road(the "Project"); and WHEREAS, the Village of Rye Brook Board of Trustees, as Lead Agency, has previously determined this Project is an Unlisted Action and issued a Negative Declaration in accordance with the New York State Environmental Quality Review Act (SEQRA), and Board of Trustees Meeting June 14, 2005 Page 10 of 20 WHEREAS, on December 14, 2005, the Village Board approved a schematic design for the athletic fields and authorized the King Street Athletic Fields Task Force to work with Village staff and the project architect to implement the full design of these athletic fields; and WHEREAS, the King Street Athletic Fields Task Force members have held public meetings on January 20, February 17, March 24, April 7, and June 2 at which time they worked with the Village staff,project architect, and neighboring residents to develop a final project design and design documents, and is prepared to recommend that the Village Board approve these final design documents. NOW, THEREFORE, BE IT RESOLVED, that the Village Board supports and approves the final project design recommended by the King Street Athletic Fields Task Force, and authorizes the project consultant to finish the construction plans and go out to bid for this athletic fields project. The Chairman of the King Street Athletic Field Task Force addressed the Village Board. On December 14, 2004 the Village Board of Trustees approved the schematic design, and appointed the Task Force. The Task Force was appointed to review the proposed project, and address all of the issues regarding this project. During their initial meeting in January, the public and neighbors were in attendance and all of their comments and concerns were addressed throughout the review. During this meeting the Task Force also developed a proposed timeline of construction for the project. On February 17, 2005 a meeting was held to discuss the type of Astroturf to be used at the project site location. In March a design review took place. This included the field, the scoreboard selection and placement, the placement of the bleachers. The perimeter fencing and softball fencing was discussed, as well as goals, bases and plantings. On April 29th the final drawings were presented. Due to the fact that the fields are normally built on a plateau an apron or paved pathway should be constructed around the fields. Scott Hughes of the Thomas Group was also in attendance. He noted that a walkway should be constructed. He assured the Board that the entire project is still within the budget and that everything is going well. On a motion made by Trustee Buzin and seconded by Trustee Feinstein, the resolution was adopted: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting June 14, 2005 Page 11 of 20 RESOLUTION 6) GRANTING A NINETY (90) DAY EXTENSOIN OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE THREE (3) OF THE RECKSON EXECUTIVE PARK UNTIL NOVEMBER 7, 2005. Mr. Brabury read the resolution. RESOLUTION GRANTING A NINETY (90) DAY EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE 3 OF THE RECKSON EXECUTIVE PARK UNTIL NOVEMBER 7, 2005 WHEREAS, Reckson Operating Partnership, L.P. ("Reckson") is the owner of certain property located at 1100 King Street, Rye Brook, New York, which property also is commonly known as "Reckson Executive Park;" and, WHEREAS, Reckson has made an application to the Village of Rye Brook for a five (5) year extension of its Site Plan and Wetlands Permit Approvals (the "Approvals") for that portion of the Reckson Executive Park known as "Phase 3," which also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 3, Lots 2, 3 and 4 (the "Property"); and WHEREAS, the current Approvals for Phase 3 expire on August 8, 2005; and WHEREAS, given the complexity of this application and the summer meeting and vacation schedules of the Board of Trustees and/or other Boards before whom this application may be heard, Reckson has requested the Board of Trustees to grant a ninety (90) day temporary extension of the Approvals, until 11:59 p.m. on November 7, 2005, to pursue its Application for an extension of the Approvals. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees grants a temporary extension of the Site Plan and Wetlands Permit Approvals for Phase 3 until 11:59 p.m. on November 7, 2005, to afford Reckson the opportunity to pursue its Application for a five (5) year extension of these Approvals. On a motion made by Trustee Buzin and seconded by Trustee Rosenberg, the resolution was adopted: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting June 14, 2005 Page 12 of 20 RESOLUTION 7) SETTING A PUBIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE REGARDING NOTIFICATION REQUIREMENTS. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE REGARDING NOTIFICATION REQUIREMENTS WHEREAS, a local law has been proposed to amend chapter 250 of the Village Code regarding notification requirements. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 28, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend chapter 250 of the Village Code regarding notification requirements. Mr. Bradbury explained that under the proposed local law the notification requirements would amended from a 500 foot radius to a 250 foot radius surrounding the project location. Affidavits of Mailing will be required, but no more certified mailing. On a motion made by Trustee Rosenberg and seconded by Trustee Buzin, the following resolution was adopted: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 8) SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 186 OF THE VILLAGE CODE CONCERNING OFF-STREET PARKING REQUIREMENTS FOR COMMERCIAL VEHICLES IN RESIDENTIAL ZONING DISTRICTS. Mr. Bradbury read the resolution. Board of Trustees Meeting June 14, 2005 Page 13 of 20 RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 186 OF THE VILLAGE CODE CONCERNING OFF-STREET PARKING REQUIREMENTS FOR COMMERCIAL VEHICLES IN RESIDENTIAL ZONING DISTRICTS WHEREAS, a local law has been proposed to amend chapter 186 of the Village Code concerning off-street parking requirements for commercial vehicles in residential districts. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 28, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend chapter 186 of the Village Code concerning off-street parking requirements for commercial vehicles in residential districts. On a motion made by Trustee Rosenberg and seconded by Trustee Brown, the following resolution was adopted: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 9) SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING THE INSTALLATION OF A STOP SIGN ON MEADOWLARK ROAD AT ROBINS ROOST. Mr. Bradbury read the resolution. RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING THE INSTALLATION OF A STOP SIGN ON MEADOWLARK ROAD AT ROBINS ROOST WHEREAS, a local law has been proposed to amend chapter 240 of the Village Code to provide for the installation of a stop sign on Meadowlark Road at Robins Roost. Board of Trustees Meeting June 14, 2005 Page 14 of 20 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 28, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend chapter 240 of the Village Code to provide for the installation of a stop sign on Meadowlark Road at Robins Roost. On a motion made by Trustee Feinstein and seconded by Trustee Buzin, the following resolution was adopted: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 10)SUPPORT EFFORTS TO REFORM THE ALTERNATIVE MINIMUM TAX Mr. Bradbury read the resolution. RESOLUTION SUPPORTING EFFORTS TO REFORM THE ALTERNATIVE MINIMUM TAX WHEREAS, the Alternative Minimum Tax (AMT) was created in 1969 as a means of ensuring that very wealthy taxpayers did not use loopholes to avoid paying federal income taxes; and WHEREAS, the AMT has grown from affecting 155 wealthy families in 1969 to nearly 19 million taxpayers today, most of which are in the middle class; and WHEREAS, in the next five (5) years, it is projected that the AMT will hit over one-half of all property taxpayers in New York State alone; and WHEREAS, in 2004, approximately 63,000 households (27% of the population) in Westchester County were subject to the AMT; and WHEREAS, when a taxpayer triggers the AMT, the number of deductions they can claim are significantly reduced, resulting in more middle class families paying higher federal income taxes; and WHEREAS, taxpayers in only four(4) states: New York, New Jersey, California, and Massachusetts, who rely heavily on deductions like property tax, state and local Board of Trustees Meeting June 14, 2005 Page 15 of 20 income taxes, and the child exemption, account for nearly half the people paying the AMT across the country; and WHEREAS, this extraordinary and unforeseen growth is the result of the AMT not being indexed for inflation, unlike the regular income tax; and WHEREAS, President Bush has appointed an advisory panel to look at the AMT and other proposals for overhauling the federal tax code, and that report is due by the end of July; and WHEREAS, until the federal government addresses the issue of the AMT, the middle class will continue to unfairly bear the burden of this tax, and the AMT will continue to cause families in Westchester and across the nation to forfeit thousands of dollars in deductions; and WHEREAS, County Executive Andrew J. Spano has commenced a grassroots movement to bring about reform of the AMT and to have it restored to its original intent- eliminating tax shelters for the wealthy and not to increase federal taxes on the middle class. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Village Board supports the efforts to reform the Alternative Minimum Tax in ways that will reduce the burden to middle class taxpayers of Rye Brook; and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Senators Charles Schumer and Hillary Clinton, US Representatives Eliot Engel, Nita Lowey and Sue Kelly, and County Executive Andrew J. Spano. On a motion made by Trustee Rosenberg and seconded by Trustee Feinstein, the following resolution was adopted: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 11)AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST FOR A HOTEL OCCUPANCY TAX Mr. Bradbury read the resolution. Board of Trustees Meeting June 14, 2005 Page 16 of 20 RESOLUTION AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST FOR 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.5445-A, and NYS Assemblyman George Latimer has introduced NYS legislation to the Assembly with bill number A.8233-A; 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 Home Rule Request to the NYS Senate and Assembly for bill numbers S.5445-A and A.8233-A that would not exceed a three (3) percent daily room tax for a hotel, motel, or similar place of public non-property tax revenues; 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. On a motion made by Trustee Feinstein and seconded by Trustee Brown, the following resolution was adopted: TRUSTEE BROWN VOTING AVE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 12)AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNIICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR SHARING OF GEOGRAPHICAL INFORMATION SYSTEM DATA Mr. Bradbury read the resolution. Board of Trustees Meeting June 14, 2005 Page 17 of 20 RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR SHARING OF GEOGRAPHICAL INFORMATION SYSTEM DATA WHEREAS, the Village of Rye Brook is developing a Geographical Information System (GIS) to provide computerized mapping of properties and infrastructure within the Village; and WHEREAS, a major cost associated with the development of such a GIS program is related to the development and maintenance of the specialized data sets; and WHEREAS, the County of Westchester offers local municipalities the opportunity to share data resources to significantly reduce the costs associated with obtaining data individually. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an inter-municipal agreement with the County of Westchester for GIS data sharing as described in the attached agreement; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to the County of Westchester for the purposes of entering into the subject IMA. Mr. Bradbury noted that this is a data-sharing program between the Village of Rye Brook and Westchester County. The Village will also be working with the Town regarding Section, Block and Lot numbers. TRUSTEE BROWN VOTING AVE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 13)APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF CRAWFORD PARK 5 K RACE Mr. Bradbury read the resolution. Board of Trustees Meeting June 14, 2005 Page 18 of 20 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 23, 2005, as requested in the letter dated May 10, 2005; 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 Feinstein and seconded by Trustee Buzin, the following resolution was adopted: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury gave an update on several items. The Village of Rye Brook is creating a Hazard Mitigation Plan, which will list various strategies to minimize potential hazards in the Village. A group of staff members and a consultant have been meeting every two weeks in order to identify potential hazards and strategies to mitigate them. Throughout this process there will be public meetings and public input will be part of the process. A listing of the Hazard Mitigation Plan will be listed on the Village's website and we encourage the public to give feedback throughout the process. The Mayor has issued a statement regarding Rich Manor Park that clarifies and gives the community an update on the various park projects in Rich Manor Park. The primary goals of these projects are to improve water quality as well as habitat improvement. Two meetings have been held on this project. The residents of Rock Ridge Drive were invited and did attend. The boundary line is a Village choice and not a County choice as part of the grant. The County is concerned with the water quality and habitat. The Village Board decided that a 15' buffer from the Village property line to the County remediation project use was fair and reasonable and the residents on Rock Ridge Drive should appreciate this accommodation. There have been numerous discussions on the Satellite Local Law and it needs to be updated. This local law does not speak to the times. Board of Trustees Meeting June 14, 2005 Page 19 of 20 A special meeting was held last week, on June 7, 2005, and the Village Board authorized a transfer of funds. There is an upcoming meeting regarding I95, specifically improvements on Midland Avenue in the City of Rye and the Village of Port Chester. This is a public meeting that will take place on Thursday June 15, 2006 at the Mansion at Crawford Park. The Village received permission from the NY State Attorney General regarding permit parking surrounding the PCHS. The Board can now consider this project and will be implemented before the beginning of the next school year. OLD BUSINESS Trustee Richard Buzin addressed the public. Traffic Commission met last week and discussed the Roanoke Avenue parking situation. Recommendations have been submitted. These recommendations will hopefully mitigate the problems in this area. NEW BUSINESS • Speeding throughout the Village of Rye Brook Trustee Rosenberg stated that there is significant speeding throughout the Village, particularly in the Pine Ridge Park area. All residents need to pay more attention to the speed limits. The Village has asked the Police Chief to look into this issue. Mayor Rand noted that many residents walk and jog throughout the Village and drivers need to be more cautious. Mayor Rand noted that Saturday is the 23rd Birthday Party for the Village of Rye Brook at Crawford Park. In addition, there is a Volunteer Appreciation Day Ceremony scheduled for 3:00 p.m. This is the highlight event of the year. Anyone wishing to volunteer should contact Carmella Swick. The next Board of Trustees meetings are June 28, 2005 and July 12, 2005 There being no further business, the meeting was adjourned at 10:20 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting June 14, 2005 Page 20 of 20