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HomeMy WebLinkAbout2009-10-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 27, 2009-7:30 P.M. AGENDA 7:00 PM— Executive Session— Rye City Litigation ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1. Public Hearing to consider a proposed local law to amend Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance 2. Public Hearing to consider a proposed local law to amend establishing an amnesty program for work performed or completed without a permit 3. Public Hearing to consider a proposed local law to amend Chapter 160 of the Village of Rye Brook Village Code regarding house renumbering RESOLUTIONS: 1. Considering a proposed local law to amend Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance 2. Considering a proposed local law establishing an amnesty program for work performed or completed without a permit 3. Considering a proposed local law to amend Chapter 160 of the Village of Rye Brook Village Code regarding house renumbering 4. Referring a proposed local law to amend Chapter 250 of the Village of Rye Brook Village Code regarding Temporary Certificate of Occupancies to the Planning Board for review and comment Board of Trustees Meeting October 27,2009 Page 1 of 15 5. Referring a proposed local law to Chapter 250 of the Village of Rye Brook Village Code regarding the Scenic Roads Overlay District to the Planning Board for review and recommendations 6. Considering a Stipulation of Agreement between the Village of Rye Brook and the Local 4041 Village of Rye Brook Professional Firefighters Mutual Aid Association 7. Agreeing to terms and conditions of a grant received from the New York State Office of Parks, Recreation and Historic Preservation ADMINISTRATOR'S REPORT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING The Next Regular Trustees Meetings: November 10 and November 24, 2009 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Dean P. Santon Trustee Patricia Sanders Romano STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Gregory Austin, Chief of Police Michal Nowak, Acting Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the October 27th Regular Board Meeting of the Board of Trustees. She welcomed Beth Wyman, Community Liaison, from Senator Suzi Oppenheimer's office. Ms. Wyman noted that she wanted all residents to know that Suzi Oppenheimer's office was located in Port Chester and that they were available to help residents. Mayor Feinstein thanked Board of Trustees Meeting October 27,2009 Page 2 of 15 Ms. Wyman for coming in, introducing herself, and offering her services to the residents of Rye Brook. Mayor Feinstein called for the first item on the agenda. PUBLIC HEARINGS: 1. PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Michael Brown, the public hearing was opened. Mr. Christopher Bradbury, Village Administrator, noted that the local law has been drafted and it addresses the issue of hazardous conditions or a nuisance created by storm water runoff from a resident's property. He explained that a nuisance is a condition that is not necessarily dangerous but it adversely impacts another resident's property. Some residents have installed plastic piping which takes the water from their property to the street. Some problems that can result are icing conditions, erosion, and flooding. Edward Beane, Esq., Village Counsel, noted that ponding, ice and erosion are common effects caused by the routing of storm water. If this type of situation is discovered, a violation will be issued and the resident will have to remedy the problem. The first choice is to keep storm water runoff on the resident's property. Mayor Feinstein called for comments from the public. There being none, she called for a motion to close the public hearing. On a motion made by Trustee Dean Santon, and seconded by Trustee Brown, the public hearing was closed. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting October 27,2009 Page 3 of 15 Mayor Feinstein called for the resolution in connection with Chapter 186 of the Village Code: RESOLUTIONS: 1. CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE WHEREAS, the Board of Trustees is considering amendments to Chapter 186 of the Code of the Village of Rye Brook regarding property maintenance; and WHEREAS, on October 27, 2009 the Board of Trustees opened a public hearing on the subject Local Law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on October 27, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 186 of the Code as proposed regarding property maintenance. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. There was no further discussion on this matter. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Board of Trustees Meeting October 27,2009 Page 4 of 15 2. PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND ESTABLISHING AN AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED WITHOUT A PERMIT On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the public hearing was opened. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury noted that there have been discussions with the PUDs within the Village and the Board for some time now. Throughout the discussion the need for an amnesty program was realized. The Board is contemplating an amnesty program that would run for a period of one year and would apply to one and two family homes, PUDs, common property and conservation subdivisions. This program would end on October 31, 2010. If a resident had work that was completed without a permit the Village will waive its administrative fee for work without a permit. Certain projects, defined as small projects, will not need to go to before the Architectural Review Board (ARB). There will be an additional six months to close out and receive a Certificate of Occupancy (C.O.). Trustee Dean Santon noted that there was an amnesty program in 2006/2007 and it ran for about a year to eighteen months. According to the Village's statistics, approximately 12 applications were generated during this time. The Arbors have approximately 100 decks — some with Certificates of Occupancy (C.O.'s) and/or permits, however, many have nothing. The Arbors has no criteria for decks being built; there are no setbacks or lot coverage restrictions. The PUD now has decks of all different sizes and shapes. There is even one property where the deck is straddling the property line. Trustee Santon questioned how a permit could be issued for a structure that stretches over on to someone else's property. He also noted that there is a retaining wall, shown on an aerial photograph Board of Trustees Meeting October 27,2009 Page 5 of 15 from 2003, that is not shown on the plans. There is litigation where one resident sued the Arbors Homeowners Association. The Homeowners Association is not clear as to where the installations (retaining walls) are. Trustee Santon felt that the amnesty program was being put in place prematurely. He felt that the Village Board should review this matter and make a decision regarding the size of the deck, the maximum amount of impervious coverage, the setbacks, etc., prior to putting the amnesty program in place. Mayor Feinstein noted that the amnesty program simply waives some of the fees. The Village knows that there are many decks in the Arbors built without a permit or a C.O. This program is an impetus for residents to come forward and have construction projects inspected. There is a safety factor here that must be addressed. Amnesty gives the residents a reason to come forward. She noted that it was the administrative fee and penalty that the Village is considering waiving. Trustee Paul Rosenberg agreed with the Mayor. He noted that he was a big proponent of the last amnesty program. This amnesty program should cover what the homeowners have done versus a developer. Mr. Beane noted that the Village knows that these problems exist. This offers the Village an opportunity to resolve the problems. Trustee Brown noted that the prior amnesty program was opened to the community, as would be the case with this program. The residents of the Arbors are aware that they have to face these issues and the Village is cutting them a break with the amnesty program. This is a positive way to resolve the problems. Trustee Romano noted that she was a former Arbors resident. The H.O.A. did not tell residents that they need a permit for work such as a deck. The amnesty program would help the residents who depended on the H.O.A. for correct information and now find themselves in the predicament of having an illegal deck or other structure. Trustee Brown noted that there are many walls in the Arbors which start on a resident's property and continue onto a common property. Therefore, he felt that the Village must also allow the common property and/or PUD to apply for permits under the amnesty program. If amnesty is not granted, the residents will be the ones to bare the costs. Trustee Santon noted that the PUD has a unique form of bulk regulation and site plan approval. All changes need PUD amendments. A lot of the Board of Trustees Meeting October 27,2009 Page 6 of 15 walls have been the subject of permits. No one is sure of why the HOA has designed retaining walls on private property. The Arbors' landscapers have been hired to do the work, and then the residents are back-charged. He felt that this program should apply only to residential properties. All of the decks require PUD amendments. He felt that the size of the deck could be regulated by the size of the property. If a permit is issued then how can you go ahead tell someone to remove their deck? Mr. Bradbury stated that if the Board wanted to wait for more information as a result of the site plan review, then this matter should be adjourned. Trustee Santon advocated that the HOA common property not be a part of this amnesty program. He noted that there is a maintenance shed that cannot be approved because it has been built on someone else's property. If the HOA doesn't understand what needs a permit, then they can't give proper advice to the residents. The Village should give relief to the individual homeowners so they can sell their homes, not to the HOA who has not done its job in assisting the residents. The Building Inspector cannot give a permit without PUD amendments. The past cannot be changed, but the Village needs to move forward. Trustee Rosenberg noted that he understands that the Village does not have the standards, but the Village is trying to do what is right for the residents. Encroachments, such as the storage shed, are a separate issue. Trustee Sanders Romano noted that some of the homeowners have encroached onto common property. The amnesty program is intended to benefit the residents. Trustee Santon made a motion to delete references to common property. He felt that the amnesty law should apply only to residential properties. Mayor Feinstein called for a second. Trustee Rosenberg seconded Trustee Santon's motion for discussion purposes. He felt that the residents should be able to afford themselves of the amnesty program. Mayor Feinstein agreed, noting that there are some residents between a rock and a hard place. The problem is how people will be able to legalize their decks. The amnesty program is meant to assist these residents. Trustee Santon withdrew his motion. Trustee Rosenberg made a motion adding wording to the resolution to include the intent that any homeowner that has a structure that is over onto common property can apply for the Board of Trustees Meeting October 27,2009 Page 7 of 15 program, however, the H.O.A. cannot receive amnesty for projects solely on private property. There was no second to the motion. Trustee Rosenberg ask his motion be amended to include wording that implied that a co-application could be made only if part of the project being requested for amnesty was on private property. There was no second to this motion. Trustee Brown and Mayor Feinstein requested some additional language changes. Upon further discussion, the consensus of the Board was that this matter needed additional consideration. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the matter was adjourned to the November 10, 2009 Meeting of the Board of Trustees. Mayor Feinstein called for the third item under public hearings: 3. PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 160 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING HOUSE RENUMBERING Trustee Brown noted that the Village's staff has a pragmatic approach to these types of house numbering changes while the Village Board may be a little more creative and may try to find other options. Sometimes when things are discussed the resolution sometimes comes about. Trustee Rosenberg stated that no one takes the issue of street renumbering lightly. Many issues are taken into consideration with safety at the top of the list. Trustee Santon felt that the best remedy would be to leave the final decision to the professional. Mayor Feinstein called for comments from the public and/or additional comments/questions from the Board. There being none, she called for a motion to close the public hearing. A motion to close the public hearing was made by Trustee Sanders Romano and seconded by Trustee Rosenberg. The roll was called by Mr. Burke: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting October 27,2009 Page 8 of 15 Mayor Feinstein called for the resolution on this matter. 1. CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 160 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING HOUSE RENUMBERING Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 160 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING HOUSE RENUMBERING WHEREAS, the Board of Trustees is considering amendments to Chapter 160 of the Code of the Village of Rye Brook regarding house renumbering; and WHEREAS, on October 27, 2009 the Board of Trustees opened a public hearing on the subject Local Law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on October 27, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 160 of the Code as proposed regarding house renumbering. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was put to a vote. Mr. David Burke called the roll: Trustee Michael S. Brown Voting Nay Trustee Patricia Sanders Romano Voting Nay Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Nay Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for item #4 under resolutions: Board of Trustees Meeting October 27,2009 Page 9 of 15 4. REFERRING A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TEMPORARY CERTIFICATE OF OCCUPANCIES TO THE PLANNING BOARD FOR REVIEW AND COMMENT Mr. Bradbury read the following resolutions RESOLUTION REFERRING A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TEMPORARY CERTIFICATE OF OCCUPANCIES TO THE PLANNING BOARD FOR REVIEW AND COMMENT WHEREAS, the Board of Trustees is considering an amendment of Chapter 250, of the Village Code regarding temporary certificate of occupancies. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall refer the proposed local law to the Planning Board for review and comment. Mr. Bradbury noted that the Building Department needs additional guidelines for handling Temporary Certificates of Occupancy. This type of C.O. can be issued for commercial and residential properties. In order to issue a temporary certificate of occupancy certain criteria must be met, i.e. the water is on, the bathroom is working, and the safety issue checklist has been met. The local law was proposed for residents trying to move into a house that has not been completed. A letter of credit or an escrow account in place ensures that the applicant is committed to finishing the construction. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 5. REFERRING A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING Board of Trustees Meeting October 27,2009 Page 10 of 15 THE SCENIC ROADS OVERLAY DISTRICT TO THE PLANNING BOARD FOR REVIEW AND RECOMMENDATIONS Mr. Bradbury read the following resolution: RESOLUTION REFERRING A PROPOSED LOCAL LAW TO AMEND CHAPTERS 209 AND 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE SCENIC ROADS OVERLAY DISTRICT TO THE PLANNING BOARD FOR REVIEW AND RECOMMENDATION WHEREAS, the Board of Trustees is considering an amendment of Chapter 209 and 250 of the Village Code regarding the Scenic Roads Overlay District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall refer the proposed local law to the Planning Board for report and recommendation. It was noted that the amendments to this portion of the Village Code are meant to remove the smaller lots/projects from being captured by this local law. Mayor Feinstein stated that this matter is been referred to the Planning Board for review. This matter was brought to the attention of the Board of Trustees by Village Staff. Trustee Santon noted that the purpose of the Scenic Road Overlay District was to protect the visual impact of roads that are gateways into the Village. Streets that do not front on main roads have been captured by this local law. Mr. Bradbury noted that the Village's staff has struggled with the proposed wording of these amendments. This will be a challenge. There will be quite a bit of discussion at the Planning Board level. Trustee Romano noted that a small addition to the back of a house in the Scenic Roads Overlay District caused one application to go to the Planning Board for review. She was looking for a way to give the staff more discretion. It was noted that Trustee Sanders Romano is the liaison to the Planning Board. Aldo Vitagliano, Esq., addressed the Board as the legal counsel for the homeowner of 51 Hawthorne Avenue. He noted that the applicant was looking to replace a porch that he removed because of disrepair. It should have been a simple review, but because the property was in the Scenic Roads Overlay District it increased the costs to the property owner because of the added reviews. He felt that there were some serious shortcomings in this portion of the Village Code. In essence, the legislation creates a heavy burden to the homeowners. If they Board of Trustees Meeting October 27,2009 Page 11 of 15 purchase in the Scenic Roads Overlay District they will spend serious funds for any proposed additions. Mayor Feinstein noted that the Village is now looking to lift the burden from the property owners. Mr. Vitagliano commented that the ordinance states that a 35' wide buffer is to remain green, however, as with the case of the Hawthorne Avenue property, the 35' wide buffer is in the center of the applicant's living room. Many houses along North Ridge Street have been rendered non-compliant because of the amendments to this portion of the Code. The Planning Board will review this portion of the Code and report back to the Board of Trustees. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6. CONSIDERING A STIPULATION OF AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE LOCAL 4041 VILLAGE OF RYE BROOK PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A CONTRACT AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE LOCAL 4041 VILLAGE OF RYE BROOK PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION. WHEREAS, the Village of Rye Brook and Rye Brook Local 4041 Village of Rye Brook Professional Firefighters Mutual Aid Association have been negotiating for a contract extension; and WHEREAS, on October 20, 2009 a Stipulation of Agreement was agreed upon by the two parties. Board of Trustees Meeting October 27,2009 Page 12 of 15 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves a contract agreement with the Local 4041 Village of Rye Brook Professional Firefighters Mutual Aid Association for the period of June 1, 2009 through May 31, 2011, on the terms and conditions set forth in the Stipulation of Agreement signed by both parties on October 20, 2009; and it is FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury noted that the pay increases, vacation day changes, longevity, overtime on holidays, clothing allowance reduction, and replacement of personal property regarding reimbursement was more clearly defined. Mayor Feinstein thanked the firefighters for their service to the Village. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Brown, the matter was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 7) AGREEING TO TERMS AND CONDITIONS OF A GRANT RECEIVED FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION Mr. Bradbury read the following resolution: RESOLUTION AGREEING TO TERMS AND CONDITIONS OF A GRANT RECEIVED FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION Board of Trustees Meeting October 27,2009 Page 13 of 15 WHEREAS, the Village of Rye Brook has received a special grant in the 2009-2010 New York State Budget; and WHEREAS, there are specific requirements and regulations governing the expenditure of these funds. NOW, THEREFORE BE IT RESOLVED, the Village or Rye Brook agrees to the following teems and conditions: (1) Administration of all funds under this grant will be in accordance with all terms and conditions contained in "GUIDELINES to prepare Grant Agreements for non-construction projects $50,000 and under — Fiscal Year 2009 — 2010," provided by the New York State Office of Parks, Recreation and Historic Preservation. (2) That Christopher J. Bradbury, as Village Administrator, is hereby authorized to sign legal documents on behalf of our organization and that such signature is acknowledgement of the acceptance by this body of compliance with all terms and conditions of the grand agreement, to be executed for the grant. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Bradbury thanked Marilyn Timpone Mohamed, Village Consultant, for her assistance and expertise in placing the right trees in the right place. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the curbing work along the recently paved roadways is moving along, even though the weather is not cooperating. At this time it is 90% completed. The leaf program is still underway. Mr. Bradbury reminded residents to make sure that the leaf piles are contamination free—no rocks, branches or other objects. Board of Trustees Meeting October 27,2009 Page 14 of 15 Residents can go to the Village's website for current and updates and pick-up information. As of next week there will be three trucks out. Mr. Bradbury noted that on Halloween the parks will close at dusk. The police will be out patrolling. Mr. Bradbury began a discussion on the Tappan Zee Bridge Outreach Program. He noted that information on this project is available on the Village's website. The location of stations are now being contemplated, as are parking areas. The County is working with New York State on this project. Mr. Bradbury noted that the drinking water has a metallic taste to it. The New York State Department of Environmental Conservation has checked the water and stated that it is safe to drink. The taste is a result of algae that is growing in the water. The taste should go away in a couple of weeks. More information can be found on the Village and County websites. There being no further business before the Board, and no members of the public wishing to address the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, the meeting was adjourned at 10:06 p.m. Board of Trustees Meeting October 27,2009 Page 15 of 15