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HomeMy WebLinkAbout2007-03-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 13, 2007-7:30 P.M. AGENDA 7:00 P.M.—Executive Session: Personnel and Negotiations ROLL CALL PLEDGE OF ALLEGIANCE REPORT: 1) Chairman of Environmental Council regarding recommendations for proposed tree ordinance. PUBLIC HEARINGS: 1) Continuation of a Public Hearing on the Site Plan application submitted by K&M Realty, LLC for development on Bowman Avenue, Section 1, Block 22, Lots 2B and 2132. RESOLUTIONS: 1) Setting a public hearing on a proposed local law to amend Chapter 228 of the Village of Rye Brook Village Code regarding new Income Scales for the Senior Citizens Exemption and Persons With Disabilities and Limited Incomes Exemption 2) Considering authorizing the issuance of$30,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of a base station radio for the Police Department, including related equipment, in and for said Village Board of Trustees Meeting March 13, 2007 Page 1 3) Considering an agreement with Vanasse Hangen Brustlin, Inc. for roadway pavement management software and consulting services. 4) Considering the Authorization of funds for the 2007 Independence Day celebration to be paid to the Port Chester-Rye Brook-Town of Rye Independence Day Committee 5) Considering the authorization of funds for the 2007 Memorial Day and Veterans Day ceremonies and parade to be paid to the Rye Town Veterans Association 6) Considering the opposition to Assembly Bills A-1423 and A-2436 regarding statewide cable franchises and real property taxes 7) Considering the support for Assembly bill A-128 regarding the real property law and cable franchise fees 8) Approval of Meeting Minutes: June 27, 206; July 11, 2006; September 12, 2006; November 28, 2006; December 12, 2006; January 9, 2007; January 23, 2007 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Extension of Amnesty Program. 2) Review/Update on parking, traffic, etc. in the lower Village. 3) Discussion of Financial Statements for the Year ending May 31, 2006. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: March 27 and April 10, 2007 Board of Trustees Meeting March 13, 2007 Page 2 BOARD Deputy Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Pat Sanders Romano Trustee Paul S. Rosenberg Excused: Mayor Lawrence A. Rand STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Michal Nowak, Junior Engineer Fred Seifert, Public Access Coordinator Paula Patafto, Meeting Secretary CONVENE: Mayor Rand called the March 13, 2007 Regular Meeting of the Board of Trustees to order, noting that he was not feeling well. He turned the meeting over to Deputy Mayor Feinstein. Deputy Mayor Feinstein called for the first matter on the agenda. REPORT: 1) CHAIRMAN OF ENVIRONMENTAL COUNCIL REGARDING RECOMMENDATIONS FOR PROPOSED TREE ORDINANCE. Mr. Harvey Schiller, Chairman of the Advisory Council on Environmental Conservation, addressed the Board. He noted that the Board's mission is to study referrals made by the Board of Trustees on environmental conservation matters. Mr. Schiller announced that this Board has also been entrusted with the new job of acting as the Appeals Board for the denial of tree removal permits. He noted that people believe that if a tree is on their property, or if they planted that tree, they can cut it down. Most residents don't realize that there are Village ordinances that must be followed when removing trees. A Tree Removal Permit must be applied for through the Board of Trustees Meeting March 13, 2007 Page 3 Village's Building Department. The standards have now been changed and a resident cannot cut down a tree that is larger than 8" in diameter without first applying for a permit. Mr. Schiller pointed out that tree removal has a direct effect on storm water drainage. Mr. Schiller noted that on June 15, 2006, the Advisory Council was asked to revise the entire Tree Ordinance. After eight drafts, of this nine-page document, the final version is now being presented to the Village Board. This is an important document and the Council spent a great deal of time reviewing it. This update takes into consideration the rights of the Village and the residents. The Environmental Board is made up of seven very experienced volunteers, with life long-term interests in nature. He thanked all of the members for their dedication and hard work. Mr. Schiller also thanked the Village's Junior Engineer, Michal Nowak, for his work with the Environmental Council. Mr. Nowak assisted the Council during the review and, among his tasks, he was also responsible for taking the minutes, typing up the drafts, and typing the final version. Mr. Nowak addressed the Board. He noted that this was an extra- ordinary task, and that significant changes have been made to this local law, which included extensive additions of definitions and terms. He reviewed each section of the ordinance for the Board of Trustees, and offered to answer any questions that the Trustees or members of the public had. Deputy Mayor Feinstein thanked all Council and staff members for their hard work. She opened the floor to questions or comments. Mr. Christopher Bradbury, Village Administrator, noted that the document will now be put into a more formalized local law final form, and then it will then go before the Board of Trustees for approval. Deputy Mayor Feinstein stated that she understood the reasons for the reduction in size of trees that required a permit to be removed, going from 12" to 8", and asked if there were similar standards within neighboring communities. Mr. Nowak responded that he reviewed the standards of the surrounding municipalities and found that a tree of 8" in diameter is considered a substantial size tree. He reviewed the requirements within the Codes of the surrounding municipalities. Board of Trustees Meeting March 13, 2007 Page 4 Marilyn Timpone Mohamed, Village Consultant from the firm of Frederick P. Clark & Associates, stated that she agreed with the 8" requirement. She noted that a 6" tree is replaceable, and you can go into a nursery and purchase a 6" diameter tree, but an 8" tree has already established itself Deputy Mayor Feinstein noted Village staff is the first point of review for a Tree Removal application. If a permit is submitted for removal for a tree that is more than 12" in caliber, the application goes directly to the Environmental Council. Mr. Bradbury noted that there are provisions for emergency situations, such as trees that have fallen during a storm that create hazardous conditions. Trustees Paul Rosenberg addressed the timeframe set for expiration of the permit. He felt that 60 days was too short a time frame. He also expressed his concern over the size change. Mr. Nowak noted that during the review process he found tree permits that were still open after one year. Things change in that length of time, and that is why the Council chose to place a time limit on the life of the permit. Trustee Rosenberg asked that the Council consider lengthening the timeframe. Trustee Michael Brown suggested that a provision for an extension be added to the local law. Trustee Rosenberg disagreed with this suggestion as he felt that it would put an undue burden on the resident. He did note, however, that in the past trees were removed without a permit or repercussion. This new law has "teeth" and the fines have been increased as a further deterrent. Other than the timeframe of the permit, he felt that the changes were a benefit to the Village. Trustee Michael Brown questioned if the Village had control over the tree trimming that is done by Con Edison. Mr. Nowak noted that the amendments to the Village's Code were done with input from the utility companies. He also noted that trimming back of branches that surround electrical wires is a safety issue. Mr. Ken Heller, member of the Environmental Council, addressed the Board. He noted that he did not support a number of the changes being proposed by the Environmental Council. He felt that involving Board of Trustees Meeting March 13, 2007 Page 5 the neighbors by requiring them to be noticed creates a problem. A tree has a meaning and taking down a tree should be carefully considered. A tree should not be removed because it blocks the sun from a pool. Mr. Heller stated that the best way to protect trees is with total cooperation. He reminded everyone that Rye Brook is a Tree City. Deputy Mayor Feinstein noted that the proposed changes would now be reviewed by the Board of Trustees. She, once again, thanked everyone for the hard work and input. Deputy Mayor Feinstein welcomed Mr. Gerald Logan, Mayor of the Village of Port Chester, and Mrs. Logan to the meeting. The next matter was called before the Board: PUBLIC HEARING: 1) CONTINUATION OF A PUBLIC HEARING ON THE SITE PLAN APPLICATION SUBMITTED BY K&M REALTY, LLC FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1, BLOCK 22, LOTS 2B AND 2B2 Deputy Mayor Feinstein opened the public hearing. Mr. Bradbury noted that this was a continuation of the public hearing, and he reviewed the matter for the Board. It was noted that a meeting was held during the week with Village staff on this application, and the Board of Trustees has a copy of the notes from that meeting. The applicant responded by submitting additional plans in response to that March 7, 2007 meeting. Mr. Kip Konigsberg, applicant, addressed the Board. He pointed out that the plan before the Board was still the old Park Plan. Mr. Jim Ryan, who was out of town all week, did not have the time to revise the plan. He noted that the changes requested by the Board have been incorporated into the new plans. Mr. Bradbury noted that one area still open was when the park would be dedicated. Mr. Konigsberg stated that the front parking area would be used Board of Trustees Meeting March 13, 2007 Page 6 as a staging area. Once the site work is done — starting at the water level— the next step would be water lines, sewer lines, and preparation for the foundations. When the construction work reaches this point, most of the site work will be completed. Then the work on the park will start. Mr. Bradbury noted that the Village would accept the property once all conditions have been met. There will be a timeframe for construction. The Village Board has expressed concern that the residential portion would be completed before the work on the park was started. The applicant stated that a good dialogue concerning the timing of the construction, the issuing of Certificates of Occupancy, and the timing for the completion of the park has already taken place. He stated that he was very comfortable with the direction that this project was moving. A discussion regarding the remediation work done on the property and the approvals took place. Edward Beane, Esq., Village Counsel, reviewed a discussion held at a prior Board of Trustees meeting. Mr. Beane and Ms. Timpone Mohamed stated that they would continue their review on the clean up work done on the property. Mr. Konigsberg stated that the Department of Environmental Conservation (DEC) is at the threshold of signing off on the remediation work. The parking lot will be constructed in the area that the remediation work was done. Deputy Mayor Feinstein noted that a sufficient comfort level has not yet been reached by the Village Board. Mr. Konigsberg noted that tying in the clean up to the issuance of the Building Permits is problematic. He asked for a little bit of flexibility, noting that recent dialogue between his representatives and the Village has brought them very close to a determination. Ms. Timpone Mohamed noted that another issue to be reviewed is what is under the water. The Village must understand the potential risks, the costs, and what the Village will have jurisdiction over, etc. It was noted that this site was a sand and gravel quarry. Trustee Rosenberg questioned whether or not the homeowners could build a dock. Mr. Bradbury stated that there are restrictions, and the goal is to not disturb the stability of the steep slopes. He requested that something be inserted into the approval that no swimming or boating would be permitted. Mr. Bradbury also noted that there were a series of maintenance plans proposed. These plans would be a condition of the Village's approval. Board of Trustees Meeting March 13, 2007 Page 7 The Board discussed the construction of a split rail fence to be installed around the property. The fencing would serve as a safety precaution, and signage would be installed to ensure that no one would attempt to go into the water or beyond the fencing. The Board discussed the access to the parkland by emergency vehicles. It was suggested that the walking path be expanded to 7' to 8', and a different type of base used, in order to allow vehicle access. A grasscrete type base was suggested. Mr. Bradbury agreed to review alternatives for the Board. It was noted that fire and ambulance vehicles would be able to get into the parking lot, which is close enough to get emergency aid to anyone in the park. Mr. Bradbury stated that the parking area will be lit, as will the sitting area. Mr. Konigsberg assured the Board that the proper power would be brought into the park area. Mr. Ken Heller, of 22 Lincoln Avenue, addressed the Board. He noted the subject property has a considerable amount of water; tens of millions of gallons of water. There is an outlet that has not been cleaned up in some time. He felt that if the grade on the property is changed, flooding would result. The East branch of the Blind Brook and the main branch come into this Key Hole. There needs to be an escape valve on this very swampy property. Parks are nice, but parks are not worth flooding other areas. He asked that the Board take a site visit, walking all the way onto the property, before any decisions are made. This should be done after a heavy rainfall. If Rye Brook is not careful, the Port Chester Middle School can be flooded. Mr. Heller stressed that the impacts downstream and upstream must be considered before this project moves forward. He noted that there are three (3) municipalities involved: Rye Brook, the City of Rye, and Harrison, and all three (3) should be involved in the discussions. There were no additional comments from the Board or members of the public. Deputy Mayor Feinstein adjourned the public hearing to March 27, 2007, the next meeting of the Board of Trustees. Deputy Mayor Feinstein, with the consensus of the Board, called for a matter out of order. Board of Trustees Meeting March 13, 2007 Page 8 1) CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2007 INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE INDEPENDENCE DAY COMMITTEE Mr. Christopher Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2007 INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE INDEPENDENCE DAY COMMITTEE WHEREAS, The Port Chester-Rye Brook-Town of Rye Independence Day Committee will host the 2007 Independence Day Celebration; and WHEREAS, the Village of Rye Brook Village Board would like to continue to assist the Independence Day Committee with this event. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook will pay three thousand dollars ($3,000.00) to the Port Chester- Rye Brook-Town of Rye Independence Day Committee for its 200 Independence Day Celebration. Mrs. Nancy Logan addressed the Board as the Chairman of the Port Chester, Rye Brook, Town of Rye Independence Day Committee. She noted that last year's fireworks were great and the Committee received a lot of complements. The fireworks cost $15,000.00, and last year's budget was very tight. She thanked Rye Brook and the Board of Trustees for the donation. Deputy Mayor Feinstein thanked Mrs. Logan and her committee for all of the hard work that goes into making the Independence Day Celebration spectacular. She complemented the committee on last years' program. Board of Trustees Meeting March 13, 2007 Page 9 Deputy Mayor Feinstein noted that Mayor Logan would be retiring at the completion of his term. Mayor Logan was wished a very happy and healthy retirement. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. Mr. David Burke, Assistant to the Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Deputy Mayor Feinstein returned to the agenda: 1) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 228 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NEW INCOME SCALES FOR THE SENIOR CITIZENS EXEMPTION AND PERSONS WITH DISABILITIES AND LIMITED INCOMES EXEMPTION Mr. Christopher Bradbury, Village Administrator, read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 228 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NEW INCOME SCALES FOR THE SENIOR CITIZENS EXEMPTION AND PERSONS WITH DISABILITIES AND LIMITED INCOMES EXEMPTION WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 228, Section 16 of the Village of Rye Brook Code regarding Senior Citizens tax exemptions and Persons With Disabilities and Limited Incomes tax exemptions. Board of Trustees Meeting March 13, 2007 Page 10 NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 27, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Deputy Mayor Feinstein pointed out that the resolution before the Board simply set the public hearing. There was no discussion on this matter. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE 2) CONSIDERING AUTHORIZING THE ISSUANCE OF $30,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF A BASE STATION RADIO FOR THE POLICE DEPARTMENT, INCLUDING RELATED EQUIPMENT, IN AND FOR SAID VILLAGE Mr. Christopher Bradbury read the following resolution: RESOLUTION A RESOLUTION AUTHORIZING THE ISSUANCE OF $30,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE REPLACEMENT OF A BASE STATION RADIO FOR THE POLICE DEPARTMENT, INCLUDING RELATED EQUIPMENT, IN AND FOR SAID VILLAGE WHEREAS, it is now desired to authorize the financing of such proj ect; Board of Trustees Meeting March 13, 2007 Page 11 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 the specific object or purpose of paying the cost of the replacement of a base station radio for the Police Department, including related equipment, in and for the Village of Rye Brook, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $30,000 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 $30,000, and the plan for the financing thereof is by the issuance of the $30,000 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 ten years, pursuant to subdivision twenty-five 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 is limited to 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 Board of Trustees Meeting March 13, 2007 Page 12 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 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, Board of Trustees Meeting March 13, 2007 Page 13 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, 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. This resolution, which takes effect immediately, shall be published in summary in The Journal News, a newspaper having general circulation in said Village, together with a notice of the Village Clerk in substantially the form provided in Section 8 1.00 of the Local Finance Law. Mr. Bradbury summarized the resolution for the Board. He noted that the resolution was available in his office for review. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Deputy Mayor Feinstein called for the next matter on the agenda: Board of Trustees Meeting March 13, 2007 Page 14 3) CONSIDERING AN AGREEMENT WITH VANASSE HANGEN BRUSTLIN, INC. FOR ROADWAY PAVEMENT MANAGEMENT SOFTWARE AND CONSULTING SERVICES Mr. Christopher Bradbury read the following resolution: RESOLUTION CONSIDERING AN AGREEMENT WITH VANASSE HANGEN BRUSTLIN, INC. FOR ROADWAY PAVEMENT MANAGEMENT SOFTWARE AND CONSULTING SERVICES WHEREAS, the Village of Rye Brook desires to purchase computer based analytical pavement management software and consulting services; and WHEREAS, Vanasse Hangen Brustlin, (VHB) Inc., is a provider of the specialized software and services in the field of pavement management; and WHEREAS, VHB, Inc., provided a proposal to the Village dated January 3, 2007 listing several options for services and software; and WHEREAS, the Village has reviewed it and recommends the purchase of software package titled, "Roadmanager GPMS", training and additional consulting services in connection with said software for the total amount of$30,800 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the purchase of software package titled, "Roadmanager GPMS", training and additional consulting services in connection with said software for the total amount of $30,800 from Vanasse Hangen Brustlin, (VHB) Inc. is hereby approved; and be it RESOLVED, that the funding for this purchase is authorized from capital funds remaining in encumbered funds from 2005-06 and 2006-07 street resurfacing capital project accounts; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Board of Trustees Meeting March 13, 2007 Page 15 Mr. Bradbury noted that each year the Village's staff reviews the roadways within the Village. There is an ongoing list of roads that are in need of repairs. This resolution will allow the consulting firm to come in and review the roadways, and come in with a plan. A survey of the streets will be provided, and the Village will then make a determination of what streets will be paved. Mr. Bradbury noted that there were four (4) options for software, but only two (2) are viable. The Village has GIS and one of the software is GIS compatible. He pointed out that the cost of the software would be a small portion of the cost of this project. Deputy Mayor Feinstein noted that the new software would bring with it a more systematic plan for re-paving. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE 4) CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2007 MEMORIAL DAY AND VETERANS DAY CEREMONIES AND PARADE TO BE PAID TO THE RYE TOWN VETERANS ASSOCIATION Mr. Christopher Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2007 MEMORIAL DAY AND VETERANS DAY CEREMONIES AND PARADE TO BE PAID TO THE RYE TOWN VETERANS ASSOCIATION WHEREAS, the Rye Town Veterans Association will host the 2007 Memorial Day and Veterans Day ceremonies and parade; and Board of Trustees Meeting March 13, 2007 Page 16 WHEREAS, the Village of Rye Brook Village Board would like to continue to assist the Rye Town Veterans Association with these events. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook will pay one thousand dollars ($1,000.00) to the Rye Town Veterans Committee for its 2007 ceremonies and parade. Mayor Logan noted that members of the American Legion Post in Port Chester have put a lot of effort into making this event memorable. A new committee, consisting of a very dedicated group, was put in place to work on the ceremonies. It was noted that there will be several different ceremonies taking place throughout the Village. Mr. Ken Heller, of 22 Lincoln Avenue, addressed the Board. He stated that it is important to show that Rye Brook is a part of Rye Town. He asked that all of the Trustees and employees attend the ceremonies. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE 6) CONSIDERING THE OPPOSITION TO ASSEMBLY BILLS A-1423 AND A-2436 REGARDING STATEWIDE CABLE FRANCHISES AND REAL PROPERTY TAXES Mr. Bradbury read the resolution: Board of Trustees Meeting March 13, 2007 Page 17 RESOLUTION CONSIDERING THE OPPOSITION TO ASSEMBLY BILLS A-1423 AND A-2436 WHEREAS, the New York State Assembly is considering proposed legislation, bill A-1423, which would amend the public service law by authorizing statewide wide cable franchises for the purpose of competitive cable services; and WHEREAS, bill A-1423 would deny NYS local governments the opportunity to negotiate for telecommunications capabilities that would serve the particular interests of the residents in the local government in which they would operate; and WHEREAS, bill A-1423 would cost Rye Brook over $100,000 in grant monies used for enhancement of technology in the Village and our schools systems; and WHEREAS, the New York State Assembly is also considering proposed legislation, bill A-2436, which would amend the real property tax law by allowing in an exemption against special franchise assessments for telecommunications companies that place fiber optic cable in the Village for the purpose of deploying broadband technology; and WHEREAS, bill A-2436 would expand existing tax credits available to cable service provider that could cost the Village over $500,000; and WHEREAS, the Rye Brook Technology and Communications Commission unanimously recommends the Board of Trustees oppose Assembly bills A-1423 and A-2436. NOW, THEREFORE BE IT RESOLVED, the Rye Brook Board of Trustees urges the state legislators to oppose these bills that would be harmful to Village of Rye Brook and other municipalities throughout New York State; and be it further Board of Trustees Meeting March 13, 2007 Page 18 RESOLVED, that a copy of this resolution be distributed to NYS Assemblyman Latimer, NYS Senator Oppenheimer, and the New York Conference of Mayors. Trustee Rosenberg summarized the resolution. He noted that there was an active negotiation going on and that these two (2) bills would disenfranchise the Village. In fact, he pointed out that the Village stands to lose some of the benefits that the Village has negotiated with Verizon. Edward Beane, Esq. noted that he had little to add, except that these are two (2) separate bills. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE 7) CONSIDERING THE SUPPORT FOR ASSEMBLY BILL A-128 REGARDING THE REAL PROPERTY LAW AND CABLE FRANCHISE FEES Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE SUPPORT OF ASSEMBLY BILL A-128 REGARDING THE REAL PROPERTY LAW WHEREAS, NYS Assemblymen Cahill of Kingston has introduced legislation (A-128) in the Assembly to amend the real property tax law; and Board of Trustees Meeting March 13, 2007 Page 19 WHEREAS, bill A-128 is an act to amend the real property tax law, which would prohibit tax credits against real property tax for franchise fees collected and remitted by cable television companies to assessing units; and WHEREAS, the bill would not allow cable television franchise fee tax credits, which would is favorable to the property taxpayers in the Village of Rye Brook; and WHEREAS, the Rye Brook Technology and Communication Commission unanimously recommends the Board of Trustees support bill A-128 of the NYS assembly. NOW, THEREFORE BE IT RESOLVED, the Rye Brook Board of Trustees urges the state legislators to support and pass bill A-128; and be it further RESOLVED, that a copy of this resolution be distributed to NYS Assemblyman Latimer, NYS Senator Oppenheimer, and the New York Conference of Mayors. Trustee Rosenberg noted that the Village is in favor of this bill. Granting a franchise results in income, which is a positive. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Deputy Mayor Feinstein called for the last matter: 8) APPROVAL OF MEETING MINUTES: June 27, 206; July 11, 2006; September 12, 2006; November 28, 2006; December 12, 2006; January 9, 2007; January 23, 2007 Board of Trustees Meeting March 13, 2007 Page 20 Mr. Bradbury noted that there were pending modifications to several of the summaries. Deputy Mayor Feinstein asked for a motion to adopt the summaries as amended. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury began his report by noting that the cell tower was in the process of being constructed on Village property. It should be completed around the beginning of April. Mr. Bradbury addressed the recent storm, noting that there was flooding within the Village. The Public Works Department responded to all calls. With the commencement of the baseball/little league season, an opening day parade will be held on Saturday, April 14, 2007 at 12:30 p.m. There will be some events following the ceremony. Mr. Bradbury noted that there is a new steak house in town. It is located in the Washington Park Shopping Center on Ridge Street. They have taken over the area that was Ecclise's Restaurant. The Rye Brook Youth Soccer Team will be competing in a tournament on March 24th and 25th. This will be a nice community event. He reminded everyone that Election Day is Tuesday, March 20th from 7:00 a.m. to 9:00 p.m., and urged everyone to come out and vote. Board of Trustees Meeting March 13, 2007 Page 21 DISCUSSION ITEMS: 1) EXTENSION OF THE AMNESTY PROGRAM Deputy Mayor Feinstein noted that the Amnesty Program is due to expire on May 31st. Many residents have availed themselves of this program, and it has been very successful. There have been many inquiries and the program has been widely publicized. She expressed her opinion that this program should be continued through the end of 2007. She asked that this matter be reviewed by the Board of Trustees. The remaining Board members agreed that this matter should be reviewed and, if possible, the deadline should be extended. 2) REVIEW/UPDATE ON PARKING, TRAFFIC, ETC. IN THE LOWER VILLAGE Deputy Mayor Feinstein addressed this matter. She began by noting that parking regulations were changed in the lower part of the Village. There were many reasons for these changes, some of which were overcrowding and safety issues. She turned to Police Chief Gregory Austin for comments on these changes. Chief Austin noted that there has been no feedback since the change. The good news is that the changes are working. There are officers on patrol, enforcing the new regulations. With these changes fire trucks and ambulances are able to get through these roads. Mr. Bradbury noted that the Village continues with regular inspections, which has also increased the safety in these areas. 3) DISCUSSION OF FINANCIAL STATEMENTS FOR THE YEAR ENDING MAY 31, 2006 Deputy Mayor Feinstein stated that financial statements have been received recently. Mr. Bradbury noted that the Village's fund balance Board of Trustees Meeting March 13, 2007 Page 22 continues to be healthy. The audit is available for review through the Village's website. Deputy Mayor Feinstein suggested that in the future the Village's Auditors come to a Board meeting and review the financials for the residents. Deputy Mayor Feinstein called for comments from members of the public. No one wished to address the Board. Mr. Bradbury made one final announcement. He noted that a new firefighter has been appointed, and that he will be going to the Academy this month. Deputy Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for March 27 and April 10, 2007. She called for a motion to adjourn. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the meeting was adjourned at 9:47 p.m. TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE DEPUTY MAYOR FEINSTEIN VOTING AYE Board of Trustees Meeting March 13, 2007 Page 23