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HomeMy WebLinkAbout2007-04-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 24, 2007-7:30 P.M. AGENDA 6:45 P.M.–Executive Session: Negotiations ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1) Public Hearing to consider an agreement with Verizon New York, Inc. to provide cable television services within the Village of Rye Brook 2) Public Hearing on a proposed local law to amend Chapter 178 of the Village of Rye Brook Village Code regarding places of public assembly RESOLUTIONS: 1) Considering an agreement with Verizon New York, Inc. for cable television services within the Village of Rye Brook 2) Considering a proposed local law to amend Chapter 178 of the Village of Rye Brook Village Code regarding places of public assembly 3) Considering the adoption of local adjustments for Homestead and Non- Homestead base proportions 4) Considering adoption of the Village of Rye Brook 2007-2008 Annual Budget Board of Trustees Meeting April 24,2007 Page 1 5) Considering authorizing the renewal of a Westchester County Department of Health food service permit application to operate a food service establishment at the Anthony J. Posillipo Community Center 6) Setting a public hearing for a proposed local law to amend Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: May 8, 2007 and May 22, 2007 BOARD Mayor Lawrence A. Rand Trustee Michael S. Brown Trustee Joan L. Feinstein Trustee Patricia Sanders Romano Trustee Paul S. Rosenberg 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 Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence A. Rand called the regular meeting of the Board of Trustees to order at 7:35 p.m. He noted that there was a fairly full agenda before the Board, but before addressing the matters on the agenda he had a brief announcement to make. Board of Trustees Meeting April 24,2007 Page 2 Mayor Rand noted that the White House put out a statement that has declared Westchester County as a disaster area as a result of the floods that occurred two (2) weeks ago. Residents that need financial aid can find phone numbers to call for assistance on the Village's website. He expressed his gratitude to our legislators for their assistance, and thanked the Village's Department of Public Works on behalf of the residents for their work during the storms. Mayor Rand called for the first matter on the agenda. It was noted that Jacqueline Padilla of Rockland and Orange Report would be taking minutes for Verizon during the public hearing. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER AN AGREEMENT WITH VERIZON NEW YORK, INC. TO PROVIDE CABLE TELEVISION SERVICES WITHIN THE VILLAGE OF RYE BROOK The Chairman of the Village's Technology and Communications Committee, Mr. Mark Mapper, was called upon for a presentation. He pointed out that this has been a 16-month process. A list was assembled with the important components and negotiating points of the proposed agreement. The Technology and Communications Committee worked with Village Staff and Legal Counsel, and came up with a draft proposal. The next step was extensive negotiations with Verizon, and in the end a very fair proposal was put together. Mr. Mapper thanked the members of his committee for their hard work and commitment to this project. Trustee Paul Rosenberg agreed that this has been a very long, and worthwhile, process. He thanked everyone on the Technology and Communications Committee for all of their very detailed and hard work. Mayor Rand pointed out that the agreement is on the Village's website for all residents to review. John Butler, External Affairs Director of Verizon, addressed the Board. He noted that after more than a year and a half of negotiations, Rye Brook will now be able to enjoy FIOS TV, with more channels and options than anyone could have imagined a year ago. There are now real choices from a Board of Trustees Meeting April 24,2007 Page 3 real competitor. Verizon looks forward to becoming a more integral part of the community. Mr. Butler introduced his co-workers, and thanked the Mayor and Trustees for bringing the process to the public hearing. He turned the presentation over to Mr. Matt Kirby, of the Telecommunications Insight Group of Verizon. Mr. Kirby noted that negotiations were a very productive process and now Verizon represents competition. It is important to note that with competition come benefits such as stabilized prizes, improved customer services, and an improved range of services. The innovations are coming at a fast pace, and they will continue coming. Residents will now have a choice of either the local cable company or Verizon. Mr. Kirby stressed that Verizon is dedicated to this process. Sean C. Kulka, Esq., of the law firm of Arnall Golden Gregory LLP, addressed the Board on behalf of Verizon. He noted that the rules and regulations have been amended to level the playing field. Within the next five (5) years, Verizon will serve the entire Village of Rye Brook. Verizon's network is a 100% all fiber optic network. Mr. Kulka noted that Verizon will provide free cable service to eleven (11) locations — to public buildings and schools located within the Village. Verizon will also provide four (4) channels to the Village; one (1) for public access, one (1) for government access, and two (2) for educational access. Also included will be four (4) locations within the Village that will have the ability to put on a live feed. Those locations are Village Hall, the Blind Brook High School, Rye Brook Village Hall, and the Port Chester High School. It was noted that the network was 90% built in Rye Brook. Trustee Joan Feinstein questioned where the 10% was that is not complete. She also noted that there was a five (5) year timeframe for full coverage within the Village, and asked if this was realistic. Mr. Kulka responded that Verizon has a detailed chart for coverage and locations. Mr. Kerby pointed out that the buried and underground locations will need to be updated. There are several conditions that will dictate the length of time. Some of the services have been installed over 30 years ago. This will require an all new build. Other areas were constructed in anticipation of this change, conduits were constructed, and the work will be quicker. Trustee Michael S. Brown noted that there are approximately 3200 homes in Rye Brook. He asked how many of those homes would have Verizon services. Mr. Kerby noted that he did not have the numbers, but as Board of Trustees Meeting April 24, 2007 Page 4 Mr. Kulka noted, the number of residents that will be able to contract with Verizon will increase as the year goes by. Trustee Rosenberg asked that Verizon give the public an overview of the process. Mr. Kerby noted that the New York State approval process is a two-step process. The first step is approval at the local level. The next step is consideration by the Public Service Commission, and that process has a number of steps to it. Similar to what is done here, there is a public input session, with a ten (10) day public notice period. In New York the Public Service Commission is authorized to amend or reject the agreement. Once the confirmation has been issued, Verizon will start the marketing process. Mayor Rand called for comments from members of the public. A resident of Rye Brook addressed the Board. She noted that she had the FiOS service and she felt that the residents of Rye Brook deserve to have the choice. Mayor Rand called upon Cablevision's representatives for their comments. Emilie Spaulding of Cablevision addressed the Board. She noted that Cablevision is the current provider in Rye Brook. She noted that there are 4011 households within Rye Brook, and 3114 households are Cablevision customers. That is approximately 78%. The franchise fees paid annually by Cablevision's customers is approximately $142,000. There are three (3) studios throughout Westchester, and News 12 is a must watch for 85% of the residents of Westchester. There are three (3) teams of customer service representatives, and there is a staff that handles customer service problems who can be reached at 278-4532. Cablevision looks forward to being a part of Rye Brook's future. John Urban of Cablevision addressed the Board. He noted that Cablevision is an interested party in this matter by Public Service regulations. Cablevision provides a variety of services; cable, phone service, and computer access. Cablevision respects Verizon and fully understands the Village's desire to have competition. Mr. Urban stated that he reviewed the contract, that effects both the Village and Cablevision. He pointed out there are a number of issues to be reviewed. He noted that there were four (4) business issues that should be reviewed. These issues are easy to fix. He reviewed the schedule of activation, noting that no definition of when services will be provided to the community was included and no guarantees as to when the service will be provided are stated. There is a fair amount of construction that has been done—but there are still areas of Rye Brook that Board of Trustees Meeting April 24, 2007 Page 5 will not be covered. This is an issue because some of the residents will not have this service for five (5) years. Businesses go to where costs are lower and profits can be higher. Once a company is given a franchise it must start construction. Other communities have required Verizon to come in with a more reasonable commitment and have required Verizon to advise them of who will not be served. A third item has to do with public access. Cablevision has studios within the area that are up and running. The last question to be reviewed was the question of franchise fees. Rye Brook is not capturing all of the franchise fees. This is a ten-year agreement, and this agreement sets the bar for Cablevision's agreement. Another resident of Rye Brook addressed the Board. He stated that FIOS TV is an excellent service. It has an incredible quality, and he was glad that Rye Brook was open to bringing in competition. There being no further discussion, Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Sanders Roman, and seconded by Trustee Rosenberg, the public hearing was closed. Mr. David Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury was called on to read the resolution on the above matter: 1) CONSIDERING AN AGREEMENT WITH VERIZON NEW YORK, INC. FOR CABLE TELEVISION SERVICES WITHIN THE VILLAGE OF RYE BROOK Board of Trustees Meeting April 24, 2007 Page 6 RESOLUTION CONSIDERING AN AGREEMENT WITH VERIZON NEW YORK, INC. FOR CABLE TELEVISION SERVICES WITHIN THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook (the "Village") is a "franchising authority" in accordance with Title IV of the Communications Act of 1934 (the "Communications Act"), and is authorized to grant one or more cable television franchises pursuant to Article 11 of the New York State Public Service Law (the "Cable Laws"); and WHEREAS, Verizon New York, Inc. ("Verizon") is upgrading its existing telecommunications and information services network through the installation of what Verizon refers to as "Fiber to the Premises Telecommunications Network" (the "FTTP Network") within the Village and elsewhere, which existing network transmits Non-Cable Services (as defined in the proposed Verizon Franchise Agreement) pursuant to the authority granted by Section 27 of the New York Transportation Corporations Law, and Title 11 of the Telecommunications Act, which Non- Cable Services are not subject to the Cable Laws or to Title VI of the Communications Act; and WHEREAS, the FTTP Network occupies Public Rights-of-Way (as defined in the proposed Verizon Franchise Agreement) within the Village, and Verizon desires to use portions of the FTTP Network now or hereinafter installed within the Village to provide Cable Service (as defined in the proposed Verizon Franchise Agreement); and WHEREAS, negotiations between the Village and Verizon have resulted in a proposed agreement entitled "Cable Franchise Agreement by and between the Village of Rye Brook, New York and Verizon New York, Inc."; and WHEREAS, on April 24, 2007, at a regularly scheduled meeting of the Village Board of Trustees (the "Village Board") that was duly and reasonably advertised to the public, Verizon made a presentation to the Village Board in favor of the proposed Verizon Franchise Agreement, including an outline of the cable television services proposed to be provided to the Village pursuant thereto, and members of the Village Board, the public, and representatives of Cablevision, the existing franchisee, were given notice and the opportunity to comment on Verizon's Board of Trustees Meeting April 24, 2007 Page 7 presentation and ask questions to be addressed by Verizon's representatives; and WHEREAS, the Village has identified the Cable-related needs and interests of the residents of the Village and has exercised due diligence in considering the technical ability, financial conditions, character and legal qualifications of Verizon to meet such needs and interests. NOW, THEREFORE, BE IT RESOLVED, that the Village Board hereby establishes itself as the lead agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA), and makes the following finding, and alternative determination with respect to the environmental impact of the proposed Verizon Franchise Agreement: a. In order to provide the equipment necessary to support its proposed Cable Franchise Service in the Village, Verizon will complete the installation of a fiber optic network, which work is already in progress. Even without the proposed use for Cable Television Transmissions, this ongoing network conversion would continue to occur so as to serve Verizon's existing telecommunications operations, although the pace of the conversion is expected to be accelerated if the pending application is approved. b. That the Village Board's execution of the proposed Franchise Agreement is a Type 11 Action under the State Environmental Quality Review Act (SEQRA). Specifically, this action is covered under 6 NYCRR §617.5(20): "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment." Accordingly, it has been pre-determined that adoption of the proposed Franchise Agreement will not result in a significant impact on the environment, and no further action is required relative to this matter under SEQRA. c. That notwithstanding that the Village Board's finding that the grant of a Cable Television Franchise is a Type 11 action not subject to the requirements of SEQRA, the Village Board is in possession of all information reasonably necessary to make the determination as to the environmental significance of the proposed Verizon Franchise Agreement; and be it further Board of Trustees Meeting April 24,2007 Page 8 RESOLVED, that the Village approves the character of Verizon; and be it further RESOLVED, that the Village concludes that Verizon is legally (under Public Service Commission Rules an other statutory requirements), technically, and financially qualified to meet the cable-related needs and interests of the Village, which needs and interests were ascertained by the Village; and be it further RESOLVED, that the Village concludes that Verizon will be required to provide adequate public, educational, governmental access capacity, either through channels dedicated to same, or through interconnection between cable operators as permitted by law; and be it further RESOLVED, that the Village concludes, based upon the presentation by Verizon, that the cable service offered by Verizon will include competitive offerings with its existing competition; and be it further RESOLVED, that the Village concludes that although the terms of the proposed Verizon Franchise Agreement are not identical to those of the existing franchise agreement with Cablevision, that the terms of both agreements are reasonably comparable in their totality and contain no economic or regulatory burdens placed upon another cable television franchise operating in the same franchise area, therefore neither agreement provides either franchise with any unfair competitive advantage, or subjects either franchise to any unfair competitive disadvantage; and be it further RESOLVED, that the Village determines that it serves the public interest to award Verizon a franchise to own, construct, operate and maintain a cable system along the public Rights-of-Way within the Village in order to provide cable service; and be it further RESOLVED, that the Village authorizes the award of a non- exclusive franchise to Verizon to own, construct, operate and maintain a cable system along the public Rights-of-Way within the Village, in order to provide cable service, which authorization is made in accordance with the applicable provisions of Title IV of the Communications Act and the Cable Laws; and be it further RESOLVED, that the proposed Verizon Franchise Agreement is hereby approved, and the Village Mayor is hereby authorized and directed Board of Trustees Meeting April 24, 2007 Page 9 to execute it and any other documents necessary to effectuate the granting of the franchise on behalf of the Village. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. David Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for a brief recess. Upon the Board's return Mayor Rand called the second public hearing on the agenda: 2) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 178 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PLACES OF PUBLIC ASSEMBLY Mr. Bradbury noted that this was the clean up of the local law in connection with licenses, permits, etc. It was noted that these types of amendments are made annually. Mayor Rand called for discussion from the public. There were no members of the public wishing to address the Board, and no comments from Board members, therefore Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the public hearing was closed. Mr. Burke called the roll: Board of Trustees Meeting April 24,2007 Page 10 TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter. 3) CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 178 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PLACES OF PUBLIC ASSEMBLY Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 178 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PLACES OF PUBLIC ASSEMBLY WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 178 of the Village Code; and WHEREAS, on April 24, 2007 the Board of Trustees opened a public hearing on the subject Local Law, 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 April 24, 2007. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines that Chapter 178 of the Village Code contained errors and amendments were needed to correct such errors; AND BE IT FURTHER RESOLVED, that the amendments to Chapter 178 of the Code of the Village of Rye Brook regarding Places of Public Assembly and Stop Work Orders are hereby adopted. Board of Trustees Meeting April 24, 2007 Page 11 On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 3) CONSIDERING THE ADOPTION OF LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS Mr. Bradbury read the following resolution: RESOLUTION ADOPTING LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS WHEREAS, on January 25, 2005 the Board of Trustees adopted Local Law #2-2005 relating to the adoption of the provisions of Section 1903 of the Real Property Tax Law regarding Homestead base proportions; and WHEREAS, the Town of Rye Assessor has prepared Homestead and Non-Homestead base proportions for the Village of Rye Brook; and WHEREAS, the Board of Trustees of the Villages of Rye Brook wishes to adopt local adjustments to these base proportions, that will be used to establish a Homestead tax rate and a Non-Homestead tax rate. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts for the 2007-08 tax levy, Homestead base proportions of 74.332453% for Homestead properties and 25.667547% for Non-Homestead properties; and Board of Trustees Meeting April 24, 2007 Page 12 BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to sign all necessary documents to implement the purposes of this resolution; and BE IT FURTHER RESOLVED, that the Town Assessor and Tax Collector are authorized and directed to make any filings on behalf of Rye Brook, and to take any additional actions necessary to implement the purposes of this resolution. Mr. Bradbury noted that the local law was adopted in 2005. The Board of Trustees is now prepared to adopt the proposed adjustments. By adopting the proposed proportions it allows residential properties to pay a smaller portion than commercial properties. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 4) CONSIDERING ADOPTION OF THE VILLAGE OF RYE BROOK 2007-2008 ANNUAL BUDGET Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING ADOPTION OF THE VILLAGE OF RYE BROOK 2007-2008 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 20, 2007; and Board of Trustees Meeting April 24,2007 Page 13 WHEREAS, the Board of Trustees held two budget work sessions on March 28, 2007 and April 9, 2007; and WHEREAS, the Board of Trustees held a public hearing on April 10, 2007 pursuant to the notice of Public Hearing regarding the Tentative Budget, at which time all those wishing to be heard on behalf of or in opposition to the proposed budget were given the opportunity to be heard and the public hearing was closed at that time; and WHEREAS, on January 25, 2005 the Board of Trustees adopted a local law allowing for homestead base proportions, and on April 24, 2007 adopted a resolution establishing base proportions of 74.332453% for homestead properties and 25.667547% for non-homestead properties for the purposes of the 2007-08 tax levy; and WHEREAS, the total taxable assessed value for Village tax purposes is $2,819,594,094 and based upon the amendments made by the Village Board and discussed at the budget work sessions, would result in a homestead tax rate of $3.83 and a non-homestead tax rate of $5.99 per $1,000 of assessed valuation ($4.22 tax rate blended overall); and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $11,911,410 tax levy based upon the most updated Assessment Roll provided by the Assessor; and NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees makes the following amendments to the Tentative Budget and are hereby adopted, representing an increase in general fund expenditures by $152,865, an increase in non-property tax revenues by $100,227 and an increase in the tax levy by $52,638: 2007-008 2007-08 Fund Tentative Adopted General Fund Expenditures: 101.1990.424 Contingency $190,000 $235,000 101.3120.160 Police Patrolman $1,356,031 $1,334,031 101.3620.150 Code Enforcement Officer $59,000 $0 101.3620.160 Assistant Building Inspector $0 $69,000 101.7140.140 Recreation Attendants $163,895 $201,952 Board of Trustees Meeting April 24, 2007 Page 14 101.7140.425 Uniform Allowance $2,000 $3,000 101.7410.424 Library Contingency $0 $35,000 101.7410.469 Library Contractual $351,320 $365,000 101.8160.468 Refuse/Recycling Collection $875,000 $872,040 101.8560.414 Shrubs/Trees $12,000 $20,000 101.8560.458 Supplemental Services $50,000 $60,000 101.9060.817 Health Insurance $1,360,000 $1,373,943 101.9730.101 BAN Interest $28,892 $32,037 General Fund Revenues 101.2200.153 Alarm Permit Renewals/Fines $85,000 $85,725 101.2200.156 Inspection Fees $405,000 $450,000 101.2200.200 Parks and Recreation $358,000 $364,700 101.2200.301 Per Capita State Aid $0 $47,802 Capital Projects Account: GOA Debt Financin : Generator at Highway $0 $45,000 Replace HVAC at AJP $0 $20,000 Additional Vehicle $0 $2,000 License and Permit Fee Schedule Burglar Alarm-Additional 5+ $165 $0 Burglar Alarm-5th Alarm $0 $165 Burglar Alarm-Additional 6+ $0 $200 Blasting and Explosives-Blasting License $250 $400 Blasting and Explosives-Renewal $100 $200 Blasting and Explosives-Location Permit $50 $100 $65+$16/$1,000 $75+$17/$1,000 Building Permits-Commercial Filing Fee of construction of construction Building Permits-Annual Renewal $100 $175 Building Permits-Changes in approved plans $45 $100 Amendment to Building Permits-Residential $55 $75 Amendment to Building Permits-Commercial $65 $100 Home Occupation Fees-Application Fee $310 $400 Home Occupation Fees-Annual Renewal Fee $210 $250 Certificates of Occupancy-Commercial-Temporary $510 $600 Certif. Of Occupancy: Commercial-Permanent: Up to$200,000 $425 $450 $200,000 to$300,000 $525 $550 $300,000 to$400,000 $625 $650 $400,000 to$500,000 $725 $750 $500,000 to$1,000,000 $925 $950 $1,000,000 to$2,000,000 $1,225 $1,250 $2,000,000 to$3,000,000 $1,625 $1,650 $3,000,000 to 4,000,000 $2,025 $2,050 $4,000,000 to$5,000,000 $2,4251 $2,450 Over$5,000,000 $3,5251 $3,550 Board of Trustees Meeting April 24, 2007 Page 15 $55+$13/$1000 $60+$13/$1000 Demolition Permit-Residential Filing Fee of construction of construction $65+$18/$1000 $100+$18/$1000 Demolition Permit-Commercial Filing Fee of construction of construction $300 or$3/I whichever $400 or$3/If Street Opening Permit greater whichever areater Fire Inspection Fee $100 $150 $8,000 per acre $8,500 per acre +$1,750 per +$2,000 per Recreation Fees-Subdivisions, Residential dwelling unit dwelling unit $8,000 per acre $8,500 per acre +$1,750 per +$2,000 per Recreation Fees-Site Plan-Non-residential 2,000 sf 2,000 sf Site Plan &Approval-Nonresidential $365 $400 Site Plan &Approval-Site Plan Amendment $500 $525 Wetlands&Watercourses Application $750 $1,000 Wireless Telecommunications-Special Permit $1,500 $2,500 Wireless Telecommunications-Permit Renewal $125 $250 Special Permit Renewal $300 $400 Recreation Program Fees-Men's Flag Football $900 $950 Athletic Field Use- Daily Fee for Special Events over 250 participants) $0 $600 $75 1st 2 hrs. $100 1st 2 hrs. Athletic Field Use-Resident then $25/hr. then$25/hr. $150 1st 2 hrs. $200 1st 2 hrs. Athletic Field Use-Non-Resident then $50/hr. then$50/hr. FURTHER RESOLVED, that the Tentative Budget as hereinafter set forth and amended by the Board of Trustees, is hereby adopted as the Annual Budget for the Village of Rye Brook for the fiscal year beginning June 1, 2007; and be it FURTHER RESOLVED, that the amounts listed therein for payment of principal and interest on indebtedness, and that maintenance account charges identified in the budget be paid, and that the salaries, wages, benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries and benefits as have been determined by the Board of Trustees; and be it FURTHER RESOLVED, that the Village Board does hereby the tax levy for the sum of $11,911,410 for general, capital, and special maintenance account funds, which based upon the Town of Rye tax roll of Board of Trustees Meeting April 24, 2007 Page 16 $2,819,594,094 for the Village of Rye Brook and applying the approved homestead base proportions to determine the tax rates, would result in a homestead tax rate of $3.83 and a non-homestead tax rate of $5.99 per thousand of assessed valuation. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand thanked the staff for all of its hard work on the budget. He highlighted some of the changes, and increases to taxes. 5) CONSIDERING AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER Mr. Bradbury read the following resolution: RESOLUTION CONSIDER AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and Board of Trustees Meeting April 24, 2007 Page 17 WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Senior Citizen Coordinator to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 6) SETTING A PUBLIC HEARING FOR 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 Board of Trustees Meeting April 24, 2007 Page 18 SETTING A PUBLIC HEARING FOR A PROPOSED LOCAL LAW TO AMEND CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 186 of the Village of Rye Brook Code regarding property maintenance. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on May 8, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury began the Administrator's Report by noting that the Arbor Day Ceremony was scheduled for Friday, April 27th at Rye Hills Park at 9:00 a.m. The 2007 values information and can be found on the Village's website. At this point the process is simply informational. No one can file before June 1, 2007. Anyone with questions can contact the Tax Assessor's Office. Mr. Bradbury reiterated the information that the Village received from the White House declaring Westchester County as a Federal Disaster area. All emergency services and Village Departments worked very hard during the recent storm to help residents and businesses. The Sound Shore area was hit extremely hard. The most heavily flooded areas were along the Blind Brook. Residents with damages Board of Trustees Meeting April 24, 2007 Page 19 should be contacting their insurance companies. All damages should be documented with photos or videos. Disaster recovery centers will be set up for residents to apply for aid. FEMA is also offering assistance and there is a link to FEMA on the Village's website. Mayor Rand noted that for the fourth year in a row Blind Brook High School won the County championship for Mock Trial. He congratulated the team members, and the team advisors who are members of the community. Trustee Sanders Romano discussed the Village's Vision Plan, and noted that a Task Force was created in August to review this matter. She pointed out that there are many issues within the Village of Rye Brook that must be addressed. The lower parts of the Village needs a critical eye with issues such as overcrowding, flooding, commercial uses, parking, etc. that are in need of review. The Task Force is now looking for direction from the Village Board regarding next steps. Edward Beane, Esq., Village Counsel, noted that the Vision Plan cannot be re- written in the little time allotted, so the Task Force focused in on laws that should be looked. The Task Force could start with Home Occupations, or specific areas of zoning violations, and then branch out. Trustee Rosenberg agreed, noting that the Vision Plan should be used when reviewing proposed amendments to the Village Code, i.e.: the development on Bowman Avenue and the reconfiguration of the shopping center's parking. Mayor Rand called for members of the public wishing to address the Board. Mr. Ken Heller of Lincoln Avenue noted that the Army Corps of Engineers established flood zones, and the Village should notify the property owners that are located in these flood zone. They should be made aware that flood insurance is available. He asked that the Village pay attention to what is happening to the Blind Brook. Brook Lane flooded during the most recent storms. He felt that 2500 Westchester Avenue was responsible because they have been filling in this flood plain. The holding ponds upstream are not working. He noted that the parkland that is being proposed for Bowman Avenue would have been washed away during the most recent storm. There are no more holding areas for water. He noted that flood zones and areas that flooded recently need to be reviewed to Board of Trustees Meeting April 24,2007 Page 20 see what can be done to resolve the flooding problems within the Village and up and down stream. Mr. Moseato of Edgewood Drive of Rye Brook addressed the Board. He also addressed the issue of flooding, noting that he has lived in his home for over 30 years. Over the past three (3) years a new problem has developed—raw sewage is coming up out of the storm drains. The Village needs to solve this problem. He presented the Board with a video of the area taken during and after the most recent storms. He noted that there was an unsanitary mess. He felt that this was a problem that the Village should be dealing with as the sewer system should be able to handle the over flow. He asked that the Village intercede. One issue that should be addressed are people who illegally tie their sump pumps into the sewer system. The video shows the flow of water from Loch Lane into Edgewood Drive and then channeling into Rich Manor Park. The video also captures the status of Rich Manor Park. Retention basins have been discussed for this area. Now is the time to implement plans for the construction of retention basins. Mr. Bradbury noted that residential sump pumps connected into the sewage system are a problem. By allowing the water to flow into the sanitary cap in their basements, residents are overflowing the sanitary system. This is unhealthy. The new ball field has helped absorb a lot of water, but additional holding areas are needed. The storm water systems and water quality are being reviewed, and the Village is working with the Long Island Watershed. Trustee Feinstein felt that the storm water effects should be reviewed. She noted that what happens up stream effects what happens downstream. The County is currently reviewing this issue, especially since the Sound Shore areas were hit very hard by the most recent storm. She felt that the Village must look at its infrastructure and begin to take measures. Mayor Rand noted these issues are being reviewed. Rye Brook is also working with the City of Rye. Everyone agrees that we are all in this together. Former Village Trustee Dean Santon of addressed the Board. He stated that the Village's Engineering consultant, Dolph Rotfeld, has been paid for the same design over and over again because it has not been implemented. The design has included a detention basin to be constructed on the last building last on Edgewood. This proposal has met with opposition from the neighboring property owners. He noted that another proposal over the years has been to construct a dam at Price's Pond at Hidden Falls. He suggested a conservation easement for the Village in Board of Trustees Meeting April 24, 2007 Page 21 order to accomplish the construction of the dam and maintenance. Something must be done to alleviate the problems in this area. Mayor Rand noted that the next Board of Trustees meetings were scheduled for May 8, 2007 and May 22, 2007. There being no further business before the Board, the meeting was adjourned at 9:25 p.m. Board of Trustees Meeting April 24,2007 Page 22