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HomeMy WebLinkAbout2009-07-28 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 28, 2009-7:30 P.M. 7:00 PM - Executive Session ROLL CALL PLEDGE OF ALLEGIANCE REPORT: PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance RESOLUTIONS: (1) Considering a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance (2) Considering the appeal of a Tree Removal Permit denial for 9 Charles Lane (3) Setting a public hearing to consider a proposed local law to amend Chapter 250 of the Village of Rye B rook Village Code regarding signs. (4) Considering a modification of the License and Permit Fee Schedule regarding flag football (5) Considering a change order request for the Harkness Park Tennis Court resurfacing project (6) A resolution authorizing the issuance of $60,000 bonds of the Village of Rye Brook, Westchester County, New York to pay the cost of the Board of Trustees Meeting July 28,2009 Page 1 replacement of a control panel at the BelleFair pump station, in and for said Village (7) A resolution authorizing the issuance of $225,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the acquisition of vehicles and equipment for construction and maintenance purposed, in and for said Village (8) A resolution authorizing the issuance of$205,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the partial reconstruction of the Posillipo Center, in and for said Village (9) A resolution authorizing the issuance of $90,000 Bonds of the Village of Rye Brook, Westchester County, New York to pay the cost of a Village drain line that runs through Harkness Park, in and for said Village (10) A resolution authorizing the issuance of$205,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the reconstruction of tennis courts at Harkness Park, in and for said Village (11) A resolution authorizing the issuance of $350,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay part of the $833,750 estimated maximum cost of the reconstruction of drainage facilities in the Edgewood Basin, in and for said Village (12) Considering the approval of minutes — May 12, 2009; May 26, 2009; June 9, 2009; June 23, 2009 THE NEXT REGULAR TRUSTEES MEETINGS: August 11, 2009 and August 25, 2009 BOARD: Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P. Santon EXCUSED: Mayor Joan L. Feinstein STAFF: Christopher Bradbury, Village Administrator Board of Trustees Meeting July 28,2009 Page 2 David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Deputy Mayor Paul Rosenberg welcomed everyone to the July 28, 2009 regular Board Meeting of the Board of Trustees: First item on the agenda: PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance Trustee Romano asked for a minor word change in the resolutions' title which she believes is contradicting to the wording in the body of the resolution. Mr. Beane suggested a different wording that would apply to any kind of machinery or equipment to cover it more broadly. He explained that the point of this proposed local law is to clarify that the Village does not want equipment stored anywhere on any real property for any reason, such as construction, dumpster, landscaping, or any type of equipment used for commercial purposes. Trustee Santon is struggling with this proposed local law grammatically and after a brief discussion it was agreed to include removing the dumpsters after 5 days and if there is inactivity, it would be at the discretion of the Building Inspector. On a motion made by Trustee Santon and seconded by Trustee Romano, the Public Hearing was adjourned to August 11th. Mr. Burke Called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion carries. Next item on the agenda: Board of Trustees Meeting July 28,2009 Page 3 (2) Considering the appeal of a Tree Removal Permit denial for 9 Charles Lane Mr. Strauss, the applicant, addressed the Board and advised them he had hired a professional Arborist and he agreed that the trees in question need to be removed and wrote a letter for the Board's review. Mr. Nowak evaluated the trees and advised the board that issuing a permit for the applicant's request would be clear cutting the property. He has had discussions with Mr. Strauss and his arborist and did a much more in depth review with Central Tree, the Village's outside consultant. The elm tree is in decline and is showing sign of disease in the canopy. The two ash trees are suffering ash yellows. The other maple on the property has two open wounds and the structural integrity has been compromised. The two spruces on the property are very close to each other and one of the trees has an infestation that is spreading to the larger tree — it can be treated but at a significant cost to the resident. All throughout the front lawn you can see mushroom growth which can be an indication of root decay. There is an oak tree with some decay in the canopy which could be trimmed out but there seems to be additional decay in the root zone. Overall, these trees seem to be in poorer health than originally thought. Mr. Bradbury added that overall, the trees may be able to be treated but at a substantial cost. This application should be modified to reflect the actual dbh and secondly the board could request a landscaping plan as well. Trustee Rosenberg agreed and asked the resident to provide a landscape plan because this is in fact clear cutting and the Board would like to see what is proposed for the property. Mr. Strauss explained that the only place to plant is to put them back exactly where they are coming down because of the pool being installed. Trustee Rosenberg believes he should work with Mr. Nowak to develop a plan that works for him as well as the Village. His personal opinion is he would like to drive by and see it for himself and to vote on it at the next board meeting. Trustee Santon did a drive by of the property and after listening tonight believes that maybe the applicant wants to have more lawn space. There does not seem to be a lot of trees remaining on the property. He believes that after listening to Mr. Nowak's report that these trees could have disease but currently they do not and he is wondering why all of a sudden these trees are hazards only a matter of weeks after purchasing the property. He would like to have a closer look and would like to see a report in writing from the arborists mentioned tonight. Board of Trustees Meeting July 28,2009 Page 4 Mr. Strauss disagreed and is just concerned for the safety of his children and his home. Trustee Brown would also like to see a landscaping plan because it is a major change on the street and maybe the applicant and the Village can come to an agreement that works for everyone. He asked Mr. Nowak if the conditions described were unusual for trees of this age and size. Mr. Nowak responded that some of the items that he sees visible in these trees are common items. It is not uncommon but there is a high concentration of trees on this lot and in his opinion they have not been maintained. Trustee Sanders Romano would like to walk the property with Mr. Nowak and see a written report. Trustee Santon agrees and added that he would request Central Tree be there as well. Trustee Rosenberg believes that walking the property with Mr. Nowak, who is a Certified Arborist, is good enough and he does not see the need of having someone else there which would be an unnecessary expense for the applicant. Trustee Santon believes the discussion Mr. Nowak had with Central Tree should be in writing and added that he would like them there for a second opinion because Mr. Nowak is only recently certified and is still learning. He added that the applicant's arborist should be present too. Mr. Strauss responded that he could not get an arborist to come here tonight. In his opinion, Mr. Nowak seems very knowledgeable and he welcomed the Board to visit his property for a first hand look at the trees in question. Trustee Rosenberg responded that this is a tree Village and we have a tree code that is followed and asked Mr. Nowak for a replanting plan. Trustee Santon wants the opportunity to have a second opinion. It's a resource available to us and he wants it available to him. Mr. Nowak added that the walk through should be done and a second opinion can be provided, if necessary, rather quickly. Board of Trustees Meeting July 28,2009 Page 5 Trustee Brown agrees that two consultants at the site for the walk through is more of a prudent decision than having two separate visits. Mr. Nowak advised the Board that there would be an escrow visit fee for having Central Tree on the site visit. On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the application was adjourned to August 11t'. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion carried. Mr. Bradbury explained that there will be a site visit before the next meeting but could not promise that the decision will be made at that time. Applicant added that he cannot provide a landscape plan until the decision is made regarding the trees. Trustee Rosenberg called for the next item on the agenda: (3) Setting a public hearing to consider a proposed local law to amend Chapter 250 of the Village of Rye Brook Village Code regarding signs. Mr. Bradbury read the resolution after which a motion was made by Trustee Santon and seconded by Trustee Sanders Romano. Mr. Bradbury explained that when the police collect signs that are put up throughout Rye Brook, this will enable us to collect a fee and dispose of the signs after a period of time. Trustee Rosenberg is concerned with the fee. Chief Austin addressed the Board and explained that we have signs put out around the Village on Sunday afternoons. The police go around and pick them up and Board of Trustees Meeting July 28,2009 Page 6 they are not small and sometimes cause damage to the vehicles. Chief Austin believes if there is a fee for picking the signs up it will be a deterrent to the Realtors in putting thele up. There is no current provision for disposing of the signs. Mr. Bradbury suggested $10 - $15 per sign and Chief Austin added a per day storage fee. Trustee Santon believes we have to give them incentive to stop doing it because right now there are no consequences. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion carries RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SIGNS WHEREAS, the Board of Trustees is considering amendments to Chapter 250, Section 35(N) of the Village Code regarding signs. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on August 11, 2009 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Next item on the agenda (4) Considering a modification of the License and Permit Fee Schedule regarding flag football Mr. Bradbury read the resolution after which a motion was made by Trustee Brown and seconded by Trustee Sanders Romano. Board of Trustees Meeting July 28,2009 Page 7 Mr. Bradbury explained that this is a popular program but most participants are not Rye Brook residents and believes if the Village is going to continue the program, the fee should be raised so there is a profit. Trustee Santon has heard about some problems with the program and asked what the out of pocket costs are and why we are not making money. He wants to know how many days of participation and what the revenue is — are people getting hurt or threatened and he would like more information before he makes a decision. Mr. Bradbury explained that this program has run for about 6 years and over the years there have been more residents from other communities. There are referees— it is an adult game and it is very physical. There have been fights and injuries although nothing substantial. Trustee Rosenberg is inclined to move forward with this and believes that if it was a real concern of the Superintendent he would have done away with it but instead has chosen to make money on it. The Board would like to know the number of teams, the anticipated revenue, what the expenses are and if the Superintendent still thinks the program will be popular at this cost. On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, this item was adjourned to the meeting of August 11, 2009. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion carries Next item on the agenda: (5) Considering a change order request for the Harkness Park Tennis Court resurfacing project The board is not going to act on this item tonight as Mr. Bradbury would like to get additional prices for this and will report back to the board. Board of Trustees Meeting July 28,2009 Page 8 Trustee Rosenberg explained that the next few resolutions are regarding bonds and asked Mr. Bradbury for some background. Mr. Bradbury explained that when the Village Board adopted the budget it anticipated a series of projects that required serial bonds. This is a larger serial bond and because we have started on some of the projects already we need to get the financing in place. In order to pay the projects we need to set up the serial bond. This is unlike a ban and takes longer to acquire. What it also means is that the Board is not approving the projects. The maximum amounts possible are listed and all the Board is authorizing is no more than the amount listed. The reason they are in separate resolutions is because the projects all have different life spans. The anticipated interest rate is between 3-4%. Trustee Rosenberg explained that in regard to the Edgewood Basin bond, the Village is using the $833,750 figure because that is the absolute maximum. It does not mean that we are moving forward with the project. This is just another step that needs to be taken in regard to this particular project. Trustee Rosenberg asked Mr. Bradbury to go through each one at a time for approval and explained that these would require a super vote which means that the vote would have to be unanimous. Mr. Bradbury also added that if the Board was not going to approve one that they should not approve any. (6) A resolution authorizing the issuance of$60,000 bonds of the Village of Rye Brook, Westchester County, New York to pay the cost of the replacement of a control panel at the BelleFair pump station, in and for said Village Mr. Bradbury read the resolution and on a motion made by Trustee Santon and seconded by Trustee Sanders Romano, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion carries WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and Board of Trustees Meeting July 28,2009 Page 9 WHEREAS, it is now desired to authorize the financing of such project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For paying the cost of the replacement of a control panel at the BelleFair Pump Station, including incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, a specific object or purpose, there are hereby authorized to be issued $60,000 bonds of said Village pursuant to the Local Finance Law. Section 2. The estimated maximum cost of the aforesaid specific object or purpose is hereby determined to be $60,000, and the plan for the financing thereof is by the issuance of the $60,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision four of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Board of Trustees Meeting July 28,2009 Page 10 Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile Board of Trustees Meeting July 28,2009 Page 11 signatures shall appear on said bonds,prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only i£ Board of Trustees Meeting July 28,2009 Page 12 (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in summary in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: (7) A resolution authorizing the issuance of $225,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the acquisition of vehicles and equipment for construction and maintenance purposed, in and for said Village Mr. Bradbury read the resolution and on a motion made by Trustee Santon and seconded by Trustee Sanders Romano, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion carries Board of Trustees Meeting July 28,2009 Page 13 WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and WHEREAS, it is now desired to authorize the financing of such project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For paying the cost of the acquisition of vehicles and equipment for construction and maintenance purposes, including incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, there are hereby authorized to be issued$225,000 bonds of said Village pursuant to the Local Finance Law apportioned as follows: a) for items costing in excess of$15,000, $70,000; and b) for items costing at least$30,000, $155,000. Section 2. The estimated maximum cost of the aforesaid class of objects or purposes is hereby determined to be $225,000, and the plan for the financing thereof is by the issuance of the $225,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the periods of probable usefulness of the objects or purposes financed herby are ten years, for the items costing in excess of$15,000, and fifteen years, for the items costing at least $30,000, in each case,pursuant to subdivision Board of Trustees Meeting July 28,2009 Page 14 twenty-eight of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he Board of Trustees Meeting July 28,2009 Page 15 shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds,prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Board of Trustees Meeting July 28,2009 Page 16 Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in summary in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the forth provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law.The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Board of Trustees Meeting July 28,2009 Page 17 (8) A resolution authorizing the issuance of $205,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the partial reconstruction of the Posillipo Center, in and for said Village Mr. Bradbury read the resolution and on a motion made by Trustee Sanders Romano and seconded by Trustee Brown, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion Carries WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and WHEREAS, it is now desired to authorize the financing of such project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For paying the cost of the partial reconstruction of the Posillipo Center, including, incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, a specific object or purpose, there are hereby authorized to be issued$205,000 bonds of said Village pursuant to the Local Finance Law. Section 2. The estimated maximum cost of the aforesaid specific object or purpose is hereby determined to be $205,000, and the plan for the financing of said cost is by the issuance of the $205,000 bonds of said Village authorized to be issued pursuant to Board of Trustees Meeting July 28,2009 Page 18 this bond resolution provided, however, that the amount of bonds to be issued shall be reduced by any New York State or Federal aid received and appropriated therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty-five years,pursuant to subdivision twelve of paragraph a of Section 11.00 of the Local Finance Law, as the Posillipo Center is a class "A" building within the meaning of subdivision eleven of said paragraph a. It is hereby further determined that the maximum maturity of the bonds authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or Board of Trustees Meeting July 28,2009 Page 19 facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring Board of Trustees Meeting July 28,2009 Page 20 bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if. (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Board of Trustees Meeting July 28,2009 Page 21 Section 11. Upon this resolution taking effect, the same shall be published in summary in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law.The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: (9) A resolution authorizing the issuance of $90,000 Bonds of the Village of Rye Brook, Westchester County, New York to pay the cost of a Village drain line that runs through Harkness Park, in and for said Village Mr. Bradbury read the resolution and on a motion made by Trustee Brown and seconded by Trustee Sanders Romano, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion carries Enclosures WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and WHEREAS, it is now desired to authorize the financing of such project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Board of Trustees Meeting July 28,2009 Page 22 Section 1. For paying the cost of the replacement of a Village drain line that runs through Harkness Park, including incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, a specific object or purpose, there are hereby authorized to be issued $90,000 bonds of said Village pursuant to the Local Finance Law. Section 2. The estimated maximum cost of the aforesaid specific object or purpose is hereby determined to be $90,000, and the plan for the financing thereof is by the issuance of the $90,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision four of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on Board of Trustees Meeting July 28,2009 Page 23 such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of its Village Treasurer, providing for the manual Board of Trustees Meeting July 28,2009 Page 24 countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such fonn and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if. (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, Board of Trustees Meeting July 28,2009 Page 25 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in summary in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12.This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law. (10) A resolution authorizing the issuance of $205,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the reconstruction of tennis courts at Harkness Park, in and for said Village Mr. Bradbury read the resolution and on a motion made by Trustee Sanders Romano and seconded by Trustee Santon, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and WHEREAS, it is now desired to authorize the financing of such project; NOW, THEREFORE, BE IT Board of Trustees Meeting July 28,2009 Page 26 RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For paying the cost of the reconstruction of tennis courts at Harkness Park, including incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, a class of objects or purposes, there are hereby authorized to be issued$205,000 bonds of said Village pursuant to the Local Finance Law. Section 2. The estimated maximum cost of the aforesaid class of objects or purposes is hereby determined to be $205,000, and the plan for the financing thereof is by the issuance of the $205,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision nineteen of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual Board of Trustees Meeting July 28,2009 Page 27 appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village Board of Trustees Meeting July 28,2009 Page 28 by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if- (1) £(1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, Board of Trustees Meeting July 28,2009 Page 29 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in summary in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law. (11) A resolution authorizing the issuance of $350,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay part of the $833,750 estimated maximum cost of the reconstruction of drainage facilities in the Edgewood Basin, in and for said Village Mr. Bradbury read the resolution and a motion was made by Trustee Sanders Romano and seconded by Trustee Santon. A discussion followed regarding the amount and the concern if the project goes above and beyond that figure. Mr. Bradbury explained that the board could put a higher amount in if they are more comfortable with that. Trustee Santon is concerned about having to find additional financing if needed instead of putting the higher amount in. Mr. Bradbury added that from a financial perspective there is no down size in increasing it. This figure was just a guess — the maximum amount would be $615,000. Trustee Rosenberg stated that the taxpayers would pay this over 30 years. He recalls that a majority of this board could not, at $833,000, support this project but if we increase this, with interest, we are over one million dollars. Why set up the facility for a line of credit that this board has stated they would not support at such a large cost. Mr. Bradbury responded that this would not be taken out until a decision is made on the basin. Approving this tonight does not commit the Village to anything. Board of Trustees Meeting July 28,2009 Page 30 The Board debated the merits of the serial bond particularly for the Basin. The figure could be reduced when it is time to commit. There is no money being spent at this time. The decision was made to amend the dollar amount on the resolution to $615,000. A motion to amend was made by Trustee Santon and seconded by Trustee Sanders Romano. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and WHEREAS, it is now desired to authorize the financing of such project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For paying part of the cost of the reconstruction of drainage facilities in the Edgewood Basin, including incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, a class of objects or purposes, there are hereby authorized to be issued $615,000 bonds of said Village pursuant to the Local Finance Law. Section 2. The estimated maximum cost of the aforesaid class of objects or purposes is hereby determined to be $833,750, and the plan for the financing thereof is by the issuance of the $615,000 bonds of said Village authorized to be issued pursuant to this bond resolution, together with $218,750 State of New York aid expected to be received for the aforesaid class of objects or purposes. Board of Trustees Meeting July 28,2009 Page 31 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is thirty years, pursuant to subdivision three of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further deterinined that the maximum maturity of the bonds authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Board of Trustees Meeting July 28,2009 Page 32 Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds,prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity Board of Trustees Meeting July 28,2009 Page 33 clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in summary in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law. Board of Trustees Meeting July 28,2009 Page 34 The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Next item on the agenda: (12) Considering the approval of minutes — May 12, 2009; May 26, 2009; June 9, 2009; June 23, 2009 A motion to approve the minutes subject to comments is made by Trustee Sanders Romano and seconded by Trustee Santon. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE Motion carries ADMINISTRATOR'S REPORT Mr. Bradbury reported that there are a lot capital projects underway and some are nearing completion. Public works is doing a lot of patching and he is pleased with the progress and the workmanship with very clean cuts and nice finishes. He is optimistic that the patching will last longer. 110 tons of patching have been done to date. Curbing will be held off for now because pot hole issues are more significant. In regard to the basin project and additional funding, he has contacted many other agencies and our elected officials from state and federal government are doing what they can to find additional funding and he will keep the board updated. DISCUSSION ITEMS Mr. Bradbury spoke on behalf of the Mayor in regard to tennis permit fees. With reconstruction at Harkness Park, 4 of the 8 courts have been taken out of service and because of that the Village has had to issue refunds on a prorated basis based on complaints received and some others have asked for discounts. Mayor Feinstein wanted to make sure the Board was made aware. Board of Trustees Meeting July 28,2009 Page 35 Trustee Santon wanted to make sure that before we offer a discount, he wants to make sure someone was deprived of a court and not just choosing not to go to Pine Ridge. He wants to know if people are being shut out and not just picky. Mr. Bradbury added that as the Recreation classes pick up there will be even less open court time and suggested that next year the fee can be looked at. DISCUSSION ITEM #2 Trustee Santon spoke in regard to Anderson Hill Road getting the attention of the press lately and he has raised this issue before. Part of our legacy funding from the county required taking over Anderson Hill Road from the Harrison border to the Greenwich border and asked if there was a deed transfer or other legal issue that needs to be done. He would like a status update on this issue. The second issue is that after all the discussion regarding Frank's Franks and people making a turns to park and visit the hot dog truck, he realized that Anderson Hill Road is not listed in our code as a main artery. It is a county road like Bowman Avenue but is not listed in the Village code and believes it should be in under Chapter 240. He asked what would be applicable and maybe consult with the Chief and have Anderson Hill mentioned in the code, including parking regulations which our police could enforce. In regard to the Kingswood site plan review, the value of the green space in Greenwich would be an important natural buffer when the project is completed. He has safety concerns and believes we should discuss with Greenwich the traffic signal and cross walk that are owned by Greenwich because the cross walls really goes no where. Pedestrian safety is a concern and he believes Greenwich and Rye Brook need to work closer on this issue. Mr. Bradbury responded in regard to the roadway transfer and stated that he needs to get an update from Mr. Butler of Westchester County Public Works. The pedestrian crossing signal, he explained that the prior person overseeing that is no longer with the Town of Greenwich and the new person said it will be working and operational by late August or early September. He will raise the additional crossing issues at the next Westchester/Greenwich Task Force meeting. In regard to Anderson Hill Road, that issue could be added to the code at a future meeting. Trustee Rosenberg asked if anyone from the public wished to address the board. Mr. Dick Hubert of 53 Doral Greens Drive addressed the Board and wanted to thank Trustee Santon for his work regarding the safety issues involved with the Frank's Franks situation. He believes the energy and time spent by Trustee Santon Board of Trustees Meeting July 28,2009 Page 36 is nothing short of remarkable. The media attention got out of control but Trustee Santon had his facts, had his site plans and was well prepared. The ingenuity he showed in putting pressure on the owners of the KF Rye Brook project to have the survey done was impressive. His diligence paid off and Frank's Franks is gone and the safety issue is somewhat alleviated. He also advised the Board that he was educated on some issues tonight as well and finished by advising the Board of the condition of Anderson Hill Road and was happy to hear it discussed tonight. Mr. Hubert also is a supporter of the Rye Brook Police and believes they do a terrific job. He was sad to see how they were humbled in regard to teen age drinking in the newspaper and was upset to see the charges dropped. In his opinion, some of the kids have high powered parents that use their connections to get charges dropped when their kids get in trouble. He was disheartened by the article and believes the police deserve the support of this board and suggested a meeting to see what the community and the village can do to stop this from happening again. Trustee Rosenberg responded that this Board has zero tolerance for underage drinking parties and the police do have this Board's full support. Mr. Hubert thinks the Board needs to send a message to the parents. This is a terrible blight on the community and believes there should be an official statement from the top down. There is an appearance that money and power can change the way a legal situation is held because of that. Trustee Rosenberg responded that there are two sides to every story but that he understands his feelings. Trustee Santon commended Lt. Matthews for putting the proper face on what the article was trying to say and agreed that the police have the full support of this Board. He added that the Mayor has reached out to the school and believes there will be a dialogue on this issue as this is something of a common ground. We have 4 schools in this district and it is time that parents, the community, and the leaders talk about these problems that we know exist. We are all parents and we all want what is best for the community. Mr. Hubert appreciated all comments and thanked the Board again. The Board will adjourn tonight's meeting and go into executive session to discuss legal matters regarding 11 Beechwood Blvd. Board of Trustees Meeting July 28,2009 Page 37 On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the meeting was adjourned at 10:22 pm. Board of Trustees Meeting July 28,2009 Page 38