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HomeMy WebLinkAbout2004-04-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,APRIL 27, 2004--7:30 P.M 6:30PM-EXECUTIVE SESSION-Litigation/Personnel/Negotiations ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC HEARINGS: 1) Considering a Local Law to amend Chapters 192 and 250 of the Village Code concerning non-transient boarders, rooming houses and the definition of"family." 2) Considering a Local Law to amend Chapter 174 of the Village Code concerning peddling and solicitation within the Village. RESOLUTIONS: 1) Considering the appeal of renumbering properties at Milestone/Reunion roads. 2) Considering adopting a Local Law to amend Chapters 192 and 250 of the Village Code concerning non-transient boarders,rooming houses and the definition of "family." 3) Considering adopting a Local Law to amend Chapter 174 of the Village Code concerning peddling and solicitation within the Village. 4) Considering adopting the 2004-05 Annual Budget. 5) Referring a Local Law to amend Section 209-1 concerning Site Plan review to the Planning Board of the Village of Rye Brook. 6) Considering name change of Telecommunications Commission to the Technology and Communications Commission. 7) Setting date for a Public Hearing on a Local Law to increase the membership of the Advisory Council on Parks and Recreation. 8) Endorsing the elimination of the Sunset Provisions of the Local Government Records Management Improvement Fund (LGRMIF) and the Cultural Education Fund (CEF). BOT April 27, 2004 Page 1 of 28 -MORE- 9)Authorizing the Village of Rye Brook to enter into an agreement with the New York State Emergency Management Office (SEMO) to secure grant funding to prepare floodplain management and hazard mitigation plans. 10) Considering the appointment of Office Assistant-Financial Support. 11) Considering entering into a lease agreement for Village Hall copiers. 12) Considering an appointment to the Traffic Commission. 13)Approving the Schedule of Bills Payable. 14)Approval of Meeting Minutes: September 23, 2003,November 23, 2003, December 9, 2003, December 23, 2003, March 4, 2004,March 9, 2004,April 6, 2004. 15)Authorizing transfer of funds to shade tree account. ADNHNISTRATOR'S REPORT: o Fire Advisory Board recommendations on the staffing plan for the new firehouse. OLD BUSINESS: NEW BUSINESS: 1) Discussion of a fund balance policy. 2) Discussion: Status of various Red Roof Farm Subdivision related matters. 3) Discussion of various code enforcement matters. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING: NEXT TRUSTEES MEETING May 11, 2004 and May 25, 2004 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING AT (914) 939-1121 BOT April 27, 2004 Page 2 of 28 Mayor Rand welcomed everyone to the April 27, 2004 meeting of the Board of Trustees. The meeting was called to order at 7:35pm BOARD: Mayor Lawrence A. Rand Trustee Dean P. Santon Trustee Robert Harris Trustee Richard C. Buzin Trustee Joan L. Feinstein STAFF: Christopher Bradbury,Village Administrator Connie DiSalvo,Assistant to the Village Administrator Ed Beane,Esq.,Village Counsel Victor Carosi,Village Engineer Robert Santoro,Police Chief Patti Conlon,Meeting Secretary Mayor Rand gave a commendation to Detective William Esainko for his 30 years of service to the Village. He also had a commendation for Frank Errigo for his 15 years of service. Mayor Rand began that since the last session a lot has been said and written about the revaluation. At our first public meeting Mr. Mark Markowitz, the Town Assessor and Mr. John Watch of MJW Consulting gave a rather extensive presentation to the Village of Rye Brook. We have posted on our website the complete tentative role. We also created a revaluation assistance task force with Gary Zuckerman as chairperson. The members of the task force include Jody Brackman,Anne Capeci, Monroe Haas, Steven Kaplan,Michele Mendicino Daly and Brian Niles. They have already had some meetings and discussion and will hold a public meeting on May 6, 2004 at 11:OOam at the Posillipo Center. Mr. Zuckerman said that basically when the Mayor asked him to head the task force they had in mind to help the seniors because they felt they were not going to understand this process and would be most adversely affected. But many of us did not understand and we realized that we needed to assist every resident and give general assistance to all. First we need to get information out to the residents about the process. He has already spoken to Mr. Bradbury about setting up a hot line at the Village Hall so people could call in. You can reach him at revalrb(cr�,aol.com. He thought that Rye Brook should do its own mailing with general advice with additional phone numbers because some people will not see this broadcast or go to the website. Mr. Zuckerman continued that we would help direct the property owners to get assistance from MJW Consulting. Their number is 1-866-814-7114. Their email address will be BOT April 27, 2004 Page 3 of 28 posted on the website. The task force believes it is their job to point the way for the residents to help themselves. One complaint that they have received is that MJW Consulting is not getting back to the residents. Mr. Zuckerman suggested that the resident email the task force or call the hotline for help in getting an answer. After the final assessment role is filed on June 1, 2004 the task force will make sure that the residents who are still in disagreement with their figures are able to file a formal grievance with the Town of Rye Board of Assessment review. There are petitions available right now at the ORPS website (Office of Real Property Services). This petition preserves the rights of the residents that are still dissatisfied. The Town of Rye will be sending out updated property record cards so that the resident can look at the cards and see if that is in fact the property he owns. The Homestead provision will prevent a property tax shift to the residential sector from the commercial sector. People that see their taxes increase on the County level will not be impacted as much as they think they are because when Homestead goes into effect, especially on the school taxes,this will prevent a major shift. The Town of Rye has prepared an informative video,which fully explains the whole process. Mayor Rand thanked Gary Zuckerman and concluded that the communication with the residents was the problem and we now have better communication. He reminded the residents that they have until June 1,2004 to act on the revaluation of their home and that it behooves everybody to look at his or her statement, and if you do not understand it, the task force can help you. Trustee Santon reiterated that if you send Mr. Watch an email (john@uspdr.com) he would answer you. He is concerned that there is not enough time and you must file the RP524 form from the state to preserve your rights. Once the role is certified, the process a resident must go through changes dramatically. Right now it is an informal process and you can use evidence that is not necessarily documentary evidence that you will need to go before the Board of Assessment Review. Trustee Harris thanked the Westmore News for printing the tax roll. He also advised the residents that they could go to Domania.com to get comps for their home before they go before Mr. Watch Trustee Harris was a proponent of the Homestead option until he saw the numbers. He told us that many companies got huge reductions and residents got huge increases. If in fact the Homestead option freezes that ratio at residential vs. business come June 1, 2004 the businesses will be very happy with the numbers. A lot of people will not be filing until after June I". If we freeze the ratio of residents to businesses to when residents start getting reductions it won't be impacting that ratio in the future. Trustee Harris said we need to take another look at the Homestead option. Mr. Zuckerman said the values are frozen the year prior to the revalue, not in the revalue year. BOT April 27, 2004 Page 4 of 28 PUBLIC HEARINGS: 1) Considering a Local Law to amend Chapters 192 and 250 of the Village Code concerning non-transient boarders,rooming houses and the definition of"family." Mr. Bradbury said the local law eliminates non-transient boarders as an accessory use in residential zones, changes the definition of family within our code, and amends the definition of rooming house as a use in the R2F zoning district. Trustee Feinstein wanted to know if there are any rooming houses in the R2F zoning because there seems to be no grandfather clause. Village attorney, Ed Beane said he did not know of any research on rooming houses. He believes there still is a grandfather clause for any rooming houses that existed before March 26, 1985. It was done this way to conform Chapters 192 and 250. On a motion made by Trustee Santon and seconded by Trustee Feinstein the public hearing was closed Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 2) Considering a Local Law to amend Chapter 174 of the Village Code concerning peddling and solicitation within the Village. Trustee Feinstein said that by adding the definitions of"solicit" and"handbill" the way she reads this is, it encompasses any sort of political campaigning for local elections, and this would be prohibited after the hours of seven o'clock. She has problems with the time limitations; it is too early. Trustee Santon wondered whether this is constitutional. Ed Beane told him it is. He continued that if you want to change the time limitation that is must be across the board. On a motion made by Trustee Santon and seconded by Trustee Feinstein the public hearing was closed Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye BOT April 27, 2004 Page 5 of 28 RESOLUTIONS: 1) Considering the appeal of renumbering properties at Milestone/Reunion roads. In a motion made by Trustee Santon and seconded by Trustee Feinstein the following resolution was adopted: RESOLUTION UPHOLDING THE APPEAL OF CERTAIN RESIDENTS OF NHLESTONE ROAD TO THE RENUMBERING OF THEIR HOMES WHEREAS, the Village of Rye Brook is aware of the conflicting house identification numbers of certain homes fronting Milestone Road and Reunion Road in the Village and desires to have a clear, logical, and natural progression of the street identification numbering for all homes along the streets; and WHEREAS, the Village Director of Public Works, pursuant to Village Code Section 160-4 assigned new numbers to certain homes along Milestone Road and Reunion Road to achieve the desired result and duly notified all affected residents of the proposed change by registered and certified mailing dated January 20,2004; and WHEREAS, an appeal by certain residents to the Village Board of Trustees of the proposed renumbering was received within the 60 day period in accordance with Section 160-4(E); and WHEREAS, after careful consideration, debate, and review of the site as well as correspondence from the Village of Rye Brook Chief of Police, Director of Public Works, Village Administrator, Port Chester Fire Chief,Administrator of the Port Chester Rye Brook Volunteer Ambulance Corps, and the Westchester County E911 Coordinator, and after listening to the concerns of many affected residents of this proposed renumbering change, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook determines that it upholds the appeal of certain residents along Milestone Road and, in accordance with Village Code 160-4(E), and recommends the following course of action: The Village shall work with the residents of 7 Reunion Road and I and 7 Milestone Roads to enhance the identity of their properties and signage at the Village's sole cost and expense for such signage. The Village shall reimburse the owner of 7 Reunion Road for out of pocket costs to date for signage to identify their property. The Village shall also work with Spectrum to obtain reimbursements due to the Village for such out of pocket expenses that Spectrum had previously offered to pay. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye BOT April 27, 2004 Page 6 of 28 Trustee Santon Voting Aye Mayor Rand Voting Aye Mayor Rand said this has been before the Board since May of 2001 and we need to have closure on this item. Mr. Ron Panzier of 11 Milestone Road said that something has to be done—either accept or reject the resolution. The Mayor told him it is strictly a appeal process and the Board will either uphold the appeal of deny the appeal. Trustee Santon wanted to know what the appeal is and what relief you are seeking of the proposed renumbering. Mr. Panzier said that they want to avoid the damages of time, money, and potential difficulty in running their lives. It may seem trivial to have your house number changed, but when your house number is changed to a previous number, the chaos that will pursue in the postal department will be significant. The mail contains a lot of significant and important matters that demand timely attention. Each resident will have to notify the following: federal and state governments, deed and mortgage companies, car, home, life insurance, credit cards, driving license, employers, school, utilities, banks, brokerage firms, magazines,newspapers, car registrations, the cost of informing your friends, stationery, etc. Suzanne Perla Blank of 5 Milestone Road spoke of the renumbering and the frustration that their questions were not answered. The only reason given that things had changed was a notice had been withdrawn which was never heard by the zoning board of appeals. She believes it should have gone through the process and not just disappeared. She questioned the possibility of moving the driveway back to 9 Reunion Road. The zoning board granted an appeal and the Village code was changed. Chris Robins of 9 Milestone Road wanted to go back and fix the problem the right way. He questioned why the Village couldn't go back and fix this the way it is supposed to be. He wanted to hear from the Village Attorney as to why. Ed Beane said we would have to get easements to put it back the way it was—you couldn't reverse a deed even to fix a problem. Mr. Robbins asked who owns the 7— 10 feet of property in front of these homes? Is it the homeowner's property or the Village property? Trustee Santon said you would have to take property from 9 Reunion Road and you cannot do that. Mr. Bradbury said the site plan has been modified and approved by the Board. The two houses on Milestone front on Milestone regardless of where the driveway is. BOT April 27, 2004 Page 7 of 28 Michele Sosin of 15 Milestone Road proposes that we need to explore the possibility of re-numbering one home to IA as opposed to inconveniencing nine homes along the odd number side of the street. It is an attached home, so it is not inconceivable to make it IA. Trustee Feinstein understands the issues of public safety and is not convinced that the public safety issues cannot be resolved. She wants it to be the least inconvenience to the residents of 1 and 7 Milestone Road. We have numbering issues throughout the Village and we need to look at doing a better job on the signage issues. Charles Lohrfink at 7 Reunion Road has moved his mailbox several times and is willing to do what it takes to help his neighbors. Mayor Rand asked Mr. Lohrfink if we could move the sign and he agreed to do whatever it takes to resolve the problem. Dr. Howard Ochs at 7 Milestone Road said the basic problem is that there are two number sevens on the street. This is in direct violation of the village law, as it exists. The village law states that houses should be numbered sequentially. People cannot find his house and there have been numerous attempts to fix the problem. The main reason to fix this problem is one of safety. The Village of Rye Brook played a direct role in creating this problem. Spectrum went to the Village to ask for a site change and it was granted. Spectrum asked to be released from the bond and it was approved. It approved leaving the driveway where it was and resolved that the houses on Milestone Road be renumbered sequentially in accordance with village standards and that the applicant pay all reasonable costs incurred by the homeowners in coordinating this change of house numbers. Neil DeLuca agreed to this and Kevin McManus has agreed to honor that statement to pay for all the costs. The Village than renumbered the street, than it went to the zoning board of appeals and not one of the safety experts came, so the board heard the arguments of his neighbors and they approved the appeal. After this he thought it may be wrong and invited the Chief to come and take a look. The Chief invited the coordinator of the 911 system of Westchester County, chiefs of Port Chester and the Rye Brook fire departments, the ambulance squad, and Mr. Bradbury to come and examine the site. They agreed that it was a dangerous situation and needed to be fixed. The way they suggested to fix the problem was to renumber the street. We asked the Village Attorney and were told that the present owner is under no obligation to maintain any special signage and if he sold the home the new owner is also under no obligation to maintain signage. Dr. Oaks continued and stated that you cannot educate all emergency personnel because of the many volunteers and neighboring towns that respond to emergency calls. Relocating the driveway is not a real solution because of the multiple easements involved. IA would fix the problem but the Chief of Police said it is not as easily understood by the emergency response system. If the Village would read the law, listen to their safety experts and the village engineer than the decision is an easy one. BOT April 27, 2004 Page 8 of 28 Mayor Rand said this is not an easy fix. This is an appealed process and we are trying to come up with a solution. Trustee Santon initiated this on May 10, 2001 and believes there is a simple solution. There is one property owner that has an identity issues and that is 7 Milestone. He will not be voting to inconvenience nine property owners to change all their address because there is a notion that there are two sevens on Milestone. There are countless numbers of properties in Rye Brook that have a street address that does not match up where the driveway is located. Trustee Santon continues that we need to help Dr. Ochs with his identify and put up signs at the Village's expense and that we also reimburse Mr. Lohfrink for the cost of his signs. The Village will get reimbursed by Spectrum. Chief Santoro said that his office would not make recommendations on the signage. He will also not embrace the IA solution. Trustee Santon made a motion that the language to be inserted in the blank at the end of the resolution clause read: the Village shall work with the residents at 7 Reunion, 1 Milestone and 7 Milestone to enhance the identity of their properties and signage at the Village's sole cost and expense. The Village shall reimburse the owner of 7 Reunion Road for their out of pocket expense to date for the signage identifying their property. The Village shall deal with Spectrum for reimbursement to the Village for their costs involved. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 2) Considering a Local Law to amend Chapters 192 and 250 of the Village Code concerning non-transient boarders, rooming houses and the definition of"family." RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTERS 192 AND 250 OF THE VILLAGE CODE REGARDING NONTRANSIENT BOARDERS,ROOMING HOUSES AND THE DEFINITION OF "FAMILY" WHEREAS, the Village of Rye Brook is concerned with the overcrowding of one (1) and two (2)-family residential dwellings and with the consistency of provisions in the Village Code regulating rooming houses; and BOT April 27, 2004 Page 9 of 28 WHEREAS, residential zoning districts R-20, R-15, R-15A, R-12, R-10, R-7, R- 5, R2-F and RA-1 currently permit the keeping of"up to two (2) non-transient roomers or boarders in any dwelling" as an accessory use; and WHEREAS, Section 250-2, "Definitions" of the Village Code currently defines a "family" as including up to four (4) individuals who are "not related by birth, marriage, adoption or other domestic bond"; and WHEREAS, Section 250-25, "R2-F Two-Family Residential District" currently permits "rooming houses" as a principal use in contravention of Section 192-1 of the Village Code which states that "no person shall begin to conduct, operate, manage or cause to be conducted, operated or managed, either as an owner, lessee, attorney or agent, a lodging house, rooming house or boarding house which furnishes lodging or rooming accommodations for hire within the Village of Rye Brook on or after March 26, 1985"; and WHEREAS, Section 192-3 of the Village Code and Section 250-2 of the Village Code are inconsistent in that each section defines the term "rooming house" differently and permits a different number of roomers, lodgers or boarders to occupy a rooming house, lodging house or boarding house; and WHEREAS, the Board of Trustees wishes to amend Chapter 250 of the Village Code to address the overcrowding issue concerning one (1) and two (2)-family dwellings by: (1) eliminating non-transient boarders as an accessory use in residential zoning districts; and (2) changing the definition of "family" to include "no more than two [2] individuals who are not related by birth, marriage, adoption or other domestic bond"; and WHEREAS, the Board of Trustees wishes to amend Chapters 192 and 250 of the Village Code to provide for consistency in the regulation of rooming houses by: (1) amending the definitions of"rooming house" set forth at Sections 192-3 and 250-2 of the Village Code to be consistent with one another; and (2) amending Section 250-25 of the Village Code to eliminate "rooming houses" as a principal and accessory use in the R2-F Zoning District; and WHEREAS, a duly noticed public hearing was held on April 27, 2004, at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of such local law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts the proposed Local Law to amend Chapters 192 and 250 of the Village Code to: (1) eliminate non-transient boarders as an accessory use in residential zoning districts; (2) change the definition of"family" to include "no more than two [2] individuals who are not related by birth, marriage, adoption or other domestic bond"; (3) amend the definition of "rooming house" to provide for consistency BOT April 27, 2004 Page 10 of 28 throughout the Code; and (4) eliminate "rooming houses" as a principal use in the R2-F Zoning District which is enacted into law as Local Law# 5-2004. BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 3) Considering a Local Law to amend Chapter 174 of the Village Code concerning peddling and solicitation within the Village. On a motion made by Trustee Santon and seconded by Trustee Feinstein the following resolution was adopted: RESOLUTION ADOPTING A LOCAL LAW TO AMEND THE VILLAGE PEDDLING AND SOLICITING LAW WHEREAS, a local law was introduced to amend Sections 174-2 and 174-5 of Chapter 174 of the Code of the Village of Rye Brook to add certain definitions and to add time and manner restrictions upon non-commercial solicitation and peddling within the Village; and WHEREAS, the adoption of the proposed local law is an unlisted action pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617; and WHEREAS, a duly noticed public hearing was held on April 27, 2004, at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby declares itself lead agency for the review of the proposed local law; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook, in accordance with Article 8 of the State Environmental Conservation Law BOT April 27, 2004 Page 11 of 28 and 6 NYCRR Part 617, and upon review of the EAF that was prepared for this local law, hereby adopts a Negative Declaration since the local law will not have a significant adverse impact upon the environment; and BE IT FURTHER RESOLVED, that the Board of Trustees Village of Rye Brook hereby adopts the proposed local law to amend Sections 174-2 and 174-5 of Chapter 174 of the Code of the Village of Rye Brook to add certain definitions and to add time and manner restrictions upon non-commercial solicitation and peddling within the Village,which amendments are enacted into law as Local Law 96-2004; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye On a motion made by Trustee Santon and seconded by Trustee Buzin the following resolution was adopted: 4) Considering adopting the 2004-05 Annual Budget. On a motion made by Trustee Buzin and seconded by Trustee Feinstein the following resolution was adopted: RESOLUTION ADOPTING THE VILLAGE OF RYE BROOK 2004-2005 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 19, 2004; and WHEREAS,the Board of Trustees held two Budget Work Sessions on March 30, 2004 and April 7, 2004; and WHEREAS,the Board of Trustees held a public hearing on April 13, 2004 pursuant to the Notice of Public Hearing regarding the Tentative Budget, at which time all those wishing to be heard on behalf of or in opposition to the proposed budget were given the opportunity to be heard and the public hearing was closed at that time; and WHEREAS, the final assessment roll filed on April 1, 2004 resulted in a decrease in assessed value from $54,061,000 to $53,806,000, which based upon the amendments BOT April 27, 2004 Page 12 of 28 made by the Village Board at the budget work sessions would result in a tax rate of $174.59 per$1,000 of assessed valuation,representing a 3.33% tax rate increase over the prior year; and WHEREAS,the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required$9,393,905 tax levy based upon the most updated Assessment Roll provided by the Assessor. NOW,THEREFORE BE IT RESOLVED,that the Board of Trustees makes the following amendments to the Tentative Budget and are hereby adopted: • Garage fuel account line (101.1640.415) increased from $40,000 to $43,000. • Copier lease account line (101.1620.210) decreased from $12,000 to $9,000. • Library account line (101.7410.469) decreased from $341,446 to$339,796. • Police overtime account line (101.3120.189) decreased from $175,000 to $150,000. • Alarm Revenue account line (101.2200.153) increased from $60,000 to$67,500. • Add $15,000 to Capital Projects Fund (901.3120.204) for Police ICOP project, to be funded by general fund revenues. • Re-allocate replacement of 1989 Chevy Heavy Dump Truck($90,000),new 5yd Dump Truck($46,000), and replacement of two(2)plows on highway trucks ($36,000) from Capital Projects Fund to be funded by general fund revenues, to debt financing. • Modify the following fees in the Tentative Budget: Fee: From: To: Burglar& Fire (initial permits) $40 $50 Burglar& Fire (Annual Renewal $35 $40 Permits) FURTHER RESOLVED, that the Tentative Budget as hereinafter set forth and amended by the Board of Trustees, is hereby adopted as the Annual Budget for the Village of Rye Brook for the fiscal year beginning June 1, 2004; and be it FURTHER RESOLVED,that the amounts listed therein for payment of principal and interest on indebtedness, and that maintenance account charges be paid, and that the salaries,wages,benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries and benefits as have been determined by the Board of Trustees; and be it FURTHER RESOLVED, that the Village Board does hereby levy the sum of $9,393,905 for village real property taxes,which based upon the April 1, 2004 assessment roll of$53,806,000, would result in a tax rate of$174.59 per thousand of assessed valuation. Trustee Buzin Voting Aye BOT April 27, 2004 Page 13 of 28 Trustee Feinstein Voting Aye Trustee Harris Voting Nay Trustee Santon Voting Aye Mayor Rand Voting Aye Trustee Harris will not be able to vote in favor of this and he thinks we could do more. Last time he used an expression of a dull pencil,we should be taking a sharp pencil. He thinks revaluation has had a big impact on many people and while the financial health of this community has left us with a reasonable tax increase,he thinks we have not spent the time and effort to do even better. He honestly believes zero percent tax increase is well within our grasp. Mayor Rand said we came up with 3.3% increase and we are asked by every village in the County as to how we are doing this. He feels very comfortable with this budget. We are going to vote on this budget tonight and he is very proud of what we are putting forth to the residents of Rye Brook. He believes Mr. Bradbury and his staff did a tremendous job. Trustee Santon want to point out that the budget increase last year was closer to 8%. The Village staff shaped the budget and when we saw it in March, and to the staff's credit, it was already significantly low. Trustee Feinstein will be voting in favor of this budget. She had never voted for an increase this low on any budget. This budget maintains the level of services at a cost to our residents that is affordable. She acknowledges the great job the village staff did in preparing this budget. Trustee Buzin agrees with Trustee Feinstein and believes ultimately we will wind up with more revenue with our cost management system. Trustee Harris would like to target the general fund. Originally it was proposed at 16% and has since been lowered to 15.3 % so why not fix it at 15% and this would keep it in with campaign promises. This minor change knocks another 50 basis points off the tax rate increase and gives people back some of their own money. Mayor Rand said that the 15%was used as a target and that until we complete the study of the fund balance policy he did not want to be totally locked into it. There will be plenty of opportunity over the course of the next several months to develop a prudent fund balance for the Village. 5) Referring a Local Law to amend Section 209-1 concerning Site Plan review to the Planning Board of the Village of Rye Brook. On a motion made by Trustee Santon and seconded by Trustee Feinstein the following resolution was adopted: BOT April 27, 2004 Page 14 of 28 RESOLUTION REFERRING A LOCAL LAW TO AMEND SECTION 209-1 CONCERNING SITE PLAN REVIEW TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees is considering amending Section 209-1 of the Code to make mandatory site plans review for all single family homes, as well as additions and modifications exceeding a certain threshold; and WHEREAS, the Village of Rye Brook Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), has determined that the County of Westchester is an Involved Agency to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares its intention to act as Lead Agency for a coordinated review of the subject local law revision in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617; and BE IT FURTHER RESOLVED, that as an Involved Agency, the County of Westchester shall be notified of the Board's intent to act as Lead Agency under the provisions of SEQRA and that the proposed local law shall be referred to the Westchester County Department of Planning for their review; and BE IT FURTHER RESOLVED, that the subject local law revision shall be referred to the Village Planning Board and the Village Planning and Engineering Consultants for reports and recommendations. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye Trustee Santon wanted the village staff to clarify in the proposed Section A why we are concerned with non-residential rather than all districts. In Section B. subsection 1 what is the rationale for 250 square feet for a detached garage being the exception and his third comment is concerning the grading changes. He would like to add to Section B a subsection 5 that reads grading changes within x feet of property lines. Mr. Bradbury wanted to take a step back and told us what the village was trying to accomplish with these changes. They wanted to be able to require a site plan review in certain circumstances. BOT April 27, 2004 Page 15 of 28 Mayor Rand said the resolution needs more feedback and referred it to the Planning Board along with the comments that Trustee Santon suggested. Trustee Feinstein has a difficult time when we deal with current market value. She hopes that this is also addressed by the Planning Board and wanted to know who makes that determination and how is that made, especially with a very large addition. 6) Considering name change of Telecommunications Commission to the Technology and Communications Commission. On a motion made by Trustee Buzin and seconded by Trustee Feinstein the following resolution was adopted: RESOLUTION CONSIDERING NAME CHANGE OF TELECOMMUNICATIONS COMMISSION TO THE TECHNOLOGY AND COMMUNICATIONS COMMISSION WHEREAS, the Board of Trustees would like to change the name of the Telecommunications Commission to the Technology and Communications Commission due to the level of work this Commission performs in the Technology field, NOW,THEREFORE BE IT RESOLVED, that the Board of Trustees hereby changes the name of the Telecommunications Commission to the Technology and Communications Commission. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 7) Setting date for a Public Hearing on a Local Law to increase the membership of the Advisory Council on Parks and Recreation. On a motion made by Trustee Feinstein and seconded by Trustee Buzin the following resolution was adopted: RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO INCREASE THE MEMBERSHIP OF THE ADVISORY COUNCIL ON PARKS AND RECREATION BOT April 27, 2004 Page 16 of 28 THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brooks shall hold a public hearing on May 11, 2004 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider a proposed Local Law to Amend Chapter A258-5 of the Code of the Village of Rye Brook to increase the membership of the Advisory Council on Parks and Recreation. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye Trustee Santon wanted it explained to him the purpose of this because this is a matter that the village has already spent effort, time and expense on during 2002. He does not want to go through the whole process again. Mayor Rand said that over that last several months the Council has been called on to do a lot of work. With seven members it is hard to break into sub-committees when needed. This is the reason for the increase in membership. 8) Endorsing the elimination of the Sunset Provisions of the Local Government Records Management Improvement Fund (LGRMIF) and the Cultural Education Fund (CEF). On a motion made by Trustee Santon and seconded by Trustee Buzin the following resolution was adopted: RESOLUTION SUPPORTING THE ELIMINATION OF THE SUNSET PROVISIONS OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF)AND THE CULTURAL EDUCATION FUND (CEF)-STATE ASSEMBLY BILL A10843 AND STATE SENATE BILL S06666 WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF)was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 4300 local governments, and WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and BOT April 27, 2004 Page 17 of 28 WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the New York State Legislature in 1995 twice has extended the sunset date,most recently to December 31, 2005, and WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over$113 million to improve the management of records for over half of all NYS local governments, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and WHEREAS, the Village of Rye Brook has benefited from technical assistance, training,publications and two(2) grants totaling $15,189 supported by the LGRMIF, and WHEREAS, the State Legislature created the closely-related Cultural Education Fund(CEF) to support the New York State Archives,New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date, and WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of the Village of Rye Brook, and to the cultural and scientific needs of the people of New York State, NOW,THEREFORE BE IT RESOLVED, that the Village of Rye Brook supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent as proposed in State Assembly Bill A10843 and State Senate Bill S06666. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 9)Authorizing the Village of Rye Brook to enter into an agreement with the New York State Emergency Management Office (SEMO) to secure grant funding to prepare floodplain management and hazard mitigation plans. On a motion made by Trustee Santon and seconded by Trustee Buzin the following resolution was adopted: BOT April 27, 2004 Page 18 of 28 RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN AGREEMENT WITH THE NEW YORK STATE EMERGENCY MANAGEMENT OFFICE ("SEMO") FOR THE PURPOSE OF SECURING GRANT FUNDING TO PREPARE FLOODPLAIN MANAGEMENT AND HAZARD MITIGATION PLANS WHEREAS, the Village of Rye Brook applied to the Federal Emergency Management Agency through SEMO for a grant under the FEMA program for the purpose of preparing Floodplain Management and Hazard Mitigation Plans for the Village; and WHEREAS, SEMO has offered to enter into an agreement with the Village of Rye Brook to provide $9,000.00 in grant funding for preparation of the Plans; and WHEREAS, pursuant to said Agreement, the Village would be required to provide a 25% matching share to any grant funding received and additionally must comply with planning steps and deadlines for the preparation of said Plans. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village of Rye Brook to enter into an agreement with the Federal Emergency Management Agency through SEMO to obtain grant funding under the FEMA program for the purpose of preparing Floodplain Management and Hazard Mitigation Plans for the Village; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this resolution. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 10) Considering the appointment of Office Assistant-Financial Support. On a motion made by Trustee Santon and seconded by Trustee Feinstein the following resolution was adopted: RESOLUTION APPOINTMENT OF OFFICE ASSISTANT (FINANCIAL SUPPORT) BOT April 27, 2004 Page 19 of 28 RESOLVED, that Shari Melillo of 93 Perry Avenue, Port Chester,New York, is hereby appointed provisionally to the position of Office Assistant(Financial Support)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 $34,500 with an effective start date of April 28, 2004. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 11) Considering entering into a lease agreement for Village Hall copiers. On a motion made by Trustee Harris and seconded by Trustee Feinstein the following resolution was adopted: RESOLUTION ENTERING INTO A LEASE AND SERVICE AGREEMENT WITH AMERICAN DIGITAL IMAGING FOR VILLAGE HALL COPIERS WHEREAS,the Village's current lease agreement for copiers expires June 1, 2004 and as a result, the Village has solicited proposals from several vendors; and WHEREAS, the Village wishes to enter into a lease and service agreement with American Digital Imaging of Yorktown Heights,NY based on cost, equipment and efficiency; NOW,THEREFORE BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into a lease agreement based on New York State Contract 901649E and service agreement with American Digital Imaging of Yorktown Heights,NY for sixty (60) months for four (4) copiers at a monthly lease and maintenance price of$982.67 per month: (1) Sharp AR-M620N(Building Department) (2) Sharp AR-M350N (Recreation & Police Department) (1) Sharp AR-M208N(Administration Office) AND BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this resolution. BOT April 27, 2004 Page 20 of 28 Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 12) Considering an appointment to the Traffic Commission. On a motion made by Trustee Santon and seconded by Trustee Buzin the following resolution was adopted: RESOLUTION APPOINTMENT TO THE TRAFFIC COMMISSION RESOLVED,that Jody Brackman of 76 Tamarack Road is hereby appointed to the Traffic Commission for a term that shall expire on the first Monday in April 2007. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 13)Approving the Schedule of Bills Payable. On a motion made by Trustee Santon and seconded by Trustee Feinstein the following resolution was adopted: RESOLUTION AUTHORIZATION TO APPROVE THE SCHEDULE OF BILLS PAYABLE WHEREAS, the enclosed Schedule of Bills Payable,with the following check numbers, representing payment for services rendered,have been submitted to the Treasurer's Office for payment and review, and have been certified by the Village Administrator: CHECKS CHECK NUMBERS GOA 33476 - 33506 BOT April 27, 2004 Page 21 of 28 Capital 241 NOW,THEREFORE,BE IT RESOLVED, that this Board hereby approves payment of the enclosed claims and authorizes payment thereof. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye 14)Approval of Meeting Minutes: September 23, 2003,November 23, 2003, December 9, 2003, December 23, 2003, March 4, 2004, March 9, 2004, April 6, 2004. Action on approving Minutes was deferred until the next meeting 15)Authorizing transfer of funds to shade tree account. On a motion made by Trustee Buzin and seconded by Trustee Santon the following resolution was adopted: RESOLUTION BUDGET MODIFICATION RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.8120.403 101.8560.414 $ 7,750 (Sewer Account) (Shade Trees— Shrubs/Trees) Trustee Santon wanted to know what the game plan was for the trees being planted. Mr. Bradbury told him that we planted thirty-nine trees in the fall and that is why the account is depleted. This money will be used for the cul-de sacs and the list will be gone over in order to not miss a spring planting season. Trustee Santon said we received this money through tree fines and is happy to see it going back into new trees. BOT April 27, 2004 Page 22 of 28 Trustee Harris is happy to see money for trees and suggests that the cul-de sacs be done but that the people at Red Roof have been waiting a very long time. Trustee Santon was the one that advocated that the village step up to the plate and get trees planted in Red Roof. The developer is committed to planting this spring. This money was identified to enhance the right of ways around the village. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye Mayor Rand said that Trustee Harris asked that we revisit a resolution that was passed on January 29, 2004 which had to do with doing away with the availably of free family tennis permits to members of the Village of Rye Brooks boards, commissions, and committees. It had been a long-standing tradition to make available gratis to families that had an individual that served on a board, committee or commission. This particular resolution was passed unanimously which ended this perk. Trustee Harris was absent at the vote and at his request and with the Board's consent he would like to revisit this issue. Trustee Santon had a point of order. He said that he consented to have a discussion not a resolution. Trustee Harris said that he proposes that the Board of Trustees be exempt from receiving a free family tennis pass,but all other board, committees, and commission would be eligible. It was a long-standing policy of the Village for all our hard working volunteers to receive the tennis permit. He continued and stated that we should not grant it to ourselves but we should grant it to all the hard working volunteers. Trustee Feinstein applauds the previous board for adopting this resolution and it should not be over turned. She believes that volunteers are just that-volunteers. She does not think it makes a difference if they get a perk or not. She suggested that we should do something to recognize our volunteers. Mayor Rand talked with Robert Bertolacci today and apparently June 12, 2004 is set aside for a celebration,which would include the Blind Brook basketball team. He suggested that perhaps we could kick in some money and have a volunteer recognition ceremony at the same time. Trustee Santon wanted to make a point of clarification. If Trustee Harris had reviewed the meeting on cablecast or read his package he would know the genesis for this item coming on to that agenda had nothing to do with him. Mr. Bertolacci went to Mr. Bradbury and said there were two unwritten recreation policies that were not being availed. There was also the availability of camp discounts to staff members and their children along with the policy of staff automobiles that were put on the agenda for January 29, 2004. He had nothing to do with any of them. BOT April 27, 2004 Page 23 of 28 Trustee Santon also wants an official policy about not accepting the Rye Town Parks Commission passes given to the Mayor. He wants this communicated to the Rye Town Park Commission. Mayor Rand told him that we are not going to accept these passes. Mr. Bradbury said we have two other resolutions that were discussed in executive session. 1) The first one authorizes Klei,Zilman to intervene on the water rate case with the Connecticut Commission along with Aquarion Water and authorizes them to provide legal services for the Village of Rye Brook. On a motion made by Trustee Santon and seconded by Trustee it was approved Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye On a motion made by Trustee Santon and seconded by Trustee Feinstein it was approved. 2) A settlement proposal with Red Roof on the planting of trees. Village Attorney, Ed Beane, said that in this settlement there will be an exchanged of a maintenance bond for a performance bond and in the context of that exchange all street trees, and there will be a schedule of these trees, and the type of trees will be noted. There will be monies put aside or donated by OCURBAG to the Village for the installation of concrete sidewalks. The agreement has not been finalized but will be signed by the developer soon. Trustee Harris said that we used the word bond for the maintenance portion and he can tell us that a performance stand by letter of credit would be much more effective for us and the residents of Red Roof than going to the same form of bond that we have in the past. Trustee Santon said that it is public record that the amount on the performance bond is $450,000.00. He wanted to know at what point would the Village disclose the terms of the agreement to the public. Ed Beane said the Village would make that agreement available after it is signed. Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Harris Voting Aye Trustee Santon Voting Aye Mayor Rand Voting Aye BOT April 27, 2004 Page 24 of 28 ADMINISTRATOR'S REPORT: o Fire Advisory Board recommendations on the staffing plan for the new firehouse. Mr. Bradbury is pleased that the Fire Protection Board has prepared staffing recommendations for the Rye Brook firehouse. Mike Ritchie,who is the member of the Fire Protection Board, was introduced. Mike Ritchie told the meeting that the Fire Advisory Board has been working over the last 6 to 7 months with the cooperation of the Chiefs, assistant Chief Motts and assistant Chief Neilson. The other members of the Board are Chris Bradbury and Rich Falanka, Village Manager of Port Chester.Nancy Tunis has recently joined the Fire Protection Board. These are issues that have been before the committee: The Board has met with the chiefs and has had other assistance both by Chris, Fritz and other outside sources but when it comes down to implementation the people that are doing it; the firemen on the line, the paid staff in both Port Chester and Rye Brook and well as the volunteers have much of the necessary background and information. This is a work in progress so consider these working recommendations. Hopefully,we will be able to take them issues to solutions. The Board needed to get an active training program in place for the two departments. It is a requirement in addition to making good sense. An appointment of a training officer in Port Chester certified by the State is now in place. In anticipation of the opening of the new firehouse in Rye Brook and the issue of staffing has commanded a lot of attention and they are several connected issues to that. What the contract provides for through May of 2005 is the firehouse to be staffed,but the manner in which it is to be staffed is not spelled out. With constraints that the firehouse would not be available until May or June and the contract running out a year later, the Board asked the chiefs to work within the existing staffing. The connected issue is communication. At the Washington Engine & Hose either that secondary communications would have to be relocated at considerable expense to the Rye Brook firehouse. As we have recommended, if both headquarters 58 & 59 and Washington Park go out, the communications are turned over to the County 60 Control. We could enhance that communication by providing a dedicated line for the transfer to occur to 60 Control. Currently when the fire department turns over control they do it by radio from the truck and that has a certain amount of difficulty in reliability. If we are able to implement this fully,with the enhanced communication, that would be a benefit to the department. BOT April 27, 2004 Page 25 of 28 Turning over the dispatch function to the County requires a little thought and further consideration. The Village of New Rochelle has their communications dispatched by 60 Control. Village of Mamaroneck has their communication dispatched by 60 Control and it has been successful. As a working recommendation the Advisory Board would put forward the idea of 59 relocating 7pm to lam, it being repositioned on the basis that the service areas of the two Villages are covered—one paid truck in the northern end and one paid truck in the southern end,which is logical to meeting the needs of the service areas. In addition, to the Rye Brook fire department also responds to medical emergency calls. This has been a standard operating procedure in Rye Brook. The Fire Advisory Board consulted with the head of the Ambulance Corp. and they are working on a recommendation that would limit that and develop a different protocol which would hopefully result in an unnecessary response. Certainly we all want emergency services when we need them,where we need them, as quickly as possible, but we don't want to expend resources or under take risks unnecessarily. We need to have standard operating procedures for the department as a whole and the chiefs are assisting in putting this together. On behalf of the committee we need to start looking at a new fire contract with more stability. Mr. Bradbury said the process is to find out if these recommendations from the Fire Advisory Board are acceptable to both the Village of Rye Brook and the Village of Port Chester. We need to hear from the Village of Port Chester's Board who will be hearing this on May 3, 2004. If and when we make a decision about 60 Control providing dispatch the sooner we do than the better. Trustee Santon said that the current staffing in Port Chester is between two and three paid firemen are shared between headquarters firehouse and the Washington Park firehouse and perhaps more common than not there is one paid man at each of these two facilities during the 7pm to lam period. This recommendation is from an advisory board and our contract is with the Village of Port Chester Trustee Santon thinks it would be appropriate for the Village of Port Chester come to the Rye Brook Board and tell us what their recommendation is. We need to wait until we get this official recommendation from the Village of Port Chester before Rye Brook can proceed. William Barnes Jr. of 35 Winding Wood Road North said he has to disagreed with the methodology that the Fire Advisory Board is putting forward with relocating one fire fighter and meeting the needs of servicing the community. The firehouse should be staffed with both volunteers and career fire fighters. As a resident of Rye Brook he is adamantly against using 60 Control for dispatching and communicating to the fire service. 60 Control is currently using a low band frequency and there are problems with that frequency, there is congestion with that frequency and the ability to communicate from 60 Control to the firefighters it is also difficult for the firefighter to communicate with one another, Sixty control will be going to a trump system in approximately a year BOT April 27, 2004 Page 26 of 28 from now and there will be potential problems with that communication system. Communication is vital to the fire service and the residents and if there is a delay in communication, it is not only compromising public safety but fire fighter safety. He wants the fire service to be involved in medical emergency calls. There are a lot of complex issues and to move the fire service forward with both communities the Board will have to think out of the box. He believes it would be a major mistake to use 60 Control, in its present form, for dispatching because there have been documented problems. Trustee Santon wanted to know if anybody knew who dispatches for the schools. It is his understanding that their calls do not get dispatched to Port Chester directly and that it goes to 60 Control and it takes a long time. Assistant Chief Mutz of the Port Chester fire department said that all alarms go to an alarm company and they notify the proper jurisdiction. NEW BUSINESS: Mayor Rand wanted to put off some of the new business to another session. He said that Trustee Feinstein raised the issue of a fund balance policy and we had discussed a little of that tonight. The Finance Advisory Board will meet and discuss this issue. He went on to tell us that Trustee Buzin mentioned that one of the issues the Finance Advisory Board will be looking at is maximizing the cash on hand. The Vision Plan Task Force is meeting to consider how much authority should be given to the Planning Board. On Thursday April 29, 2004 at 7:30 pm the King Street steering committee will hold it's meeting at the Western Civic Center in Greenwich The Arbor Day celebration is Friday April 29, 2004 at 11:00am at Hills Point Lane. Trustee Feinstein pointed out that there are questions about the cell tower being installed at exit 28 on the Hutchinson River Parkway. Mr. Bradbury said that last year the state came in and proposed as an alternative to a large tower,which is a cell pole that measures 52 feet in height. These poles are at three locations along the Hutchinson River Parkway. The most visible to Rye Brook will be at the exit ramp along Ridge Street. There is more information on the website if residents are interested. Trustee Harris said from a visual perspective it is not much worse than a telephone pole. Trustee Santon said that he hopes the village will make an effort to deal with the two items that are not part of the Red Roof settlement. The loss of mature trees at Red Roof and the pre-existing trees that are supposed to be protected in accordance with the 1998 landscape plan. These two obligations on the part of the developer have not been fulfilled. BOT April 27, 2004 Page 27 of 28 He continued and wanted the Village Administrator to be prepared to discuss some of the items that goes back three years. He is tired of referring to them and wants to see some of them resolved. The Mayor adjourned the meeting at 10:45pm. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk BOT April 27, 2004 Page 28 of 28