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HomeMy WebLinkAbout2005-12-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 13, 2005-7:30 P.M AGENDA EXECUTIVE SESSION 6:30 PM: Personnel/Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to prohibit parking and standing along portions of Hillcrest Avenue and Maywood Avenue. 2) Considering approving a site plan for an application by Nextel for an agreement to construct a wireless telecommunications facility at Village Hall, 938 King Street, Section 1, Block 1, Lots 9.1 and 9.2. 3) Consideration of a proposed local law amending Chapter 250 of the Code of the Village of Rye Brook regarding nonconforming uses, structures and lots. 4) Consideration of a proposed local law amending Chapter 209 and 250 of the Code of the Village of Rye Brook regarding the 75% rule under section 209-1.B(2) and other site plan review requirements. 5) Consideration of a proposed local law amending Chapter 250 of the Code of the Village of Rye Brook regarding newspaper publication. 6) Consideration of a proposed local law amending Chapter 250 of the Code of the Village of Rye Brook regarding the definitions of basement, gross floor area and story. RESOLUTIONS: 1) Adopting a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to prohibit parking and standing along portions of Hillcrest Avenue and Maywood Avenue. Board of Trustees Meeting December 13,2005 Page 1 of 32 2) Approving a site plan for an application by Nextel for an agreement to construct a wireless telecommunications facility at Village Hall, 938 King Street, Section 1, Block 1, Lots 9.1 and 9.2. 3) Adopting a proposed local law amending Chapter 250 of the Code of the Village of Rye Brook regarding nonconforming uses, structures and lots. 4) Adopting a local law amending Chapter 209 and 250 of the Code of the Village of Rye Brook regarding the 75% rule under section 209-1.B(2) and other site plan review requirements. 5) Adopting a local law amending Chapter 250 of the Code of the Village of Rye Brook regarding newspaper publication. 6) Adopting a local law amending Chapter 250 of the Code of the Village of Rye Brook regarding the definitions of basement, gross floor area and story. 7) Appointment of Code Enforcement Officer. 8) Awarding Contract#05-03, sidewalk rehabilitation along Betsy Brown Road. 9) Setting a public hearing date to consider a proposed local law to add Chapter 165 to the Village of Rye Brook regarding village elections. 10) Opposing the Broadband Investment and Consumer Choice Act and the Video Choice Act of 2005. 11) Authorizing the Law Firm of Fulbright & Jaworski, L.L.P., to perform bond counsel services. 12) Approving the cancellation of the December 27, 2005 Board of Trustees meeting. 13)Approving Minutes: October 11, 2005 (Regular Meeting), October 11, 2005 (Work Session) ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS Board of Trustees Meeting December 13,2005 Page 2 of 32 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: January 10, 2006 and January 24, 2006 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Michael Izzo, Building Inspector Michael Musso, Village Environmental and Engineering Consultant Marilyn Timpone Mohamed, Village Planning Consultant Chief Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE The meeting was called to order at 7:30 p.m. Mayor Rand welcomed everyone to the regular meeting of the Board of Trustees. He called for the first item on the agenda. 1) CONSIDERATION OF A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROHIBIT PARKING AND STANDING ALONG PORTIONS OF HILLCREST AVENUE AND MAYWOOD AVENUE. On a motion made by Trustee Joan Feinstein, and seconded by Trustee Richard Buzin, the public hearing was declared opened. Mr. Bradbury noted that based upon the recommendation of the Village's Traffic Commission parking laws for this area of the Village have been amended. From the start, the Village Board realized that a `spill over' effect could result and future amendments might be needed. The taw was now being amended to include Maywood Avenue. Board of Trustees Meeting December 13,2005 Page 3 of 32 Trustee Richard Buzin noted that the Traffic Commission met with residents of Maywood Avenue who were in favor of changing the parking regulations in the area. A discussion was held with the Port Chester Board of Education and the outcome of the discussion was to agree to disagree as the Board of Education was opposed to the proposed changes to parking. Mayor Rand called for comments from the public. Mr. Mario Nardi of Maywood Avenue addressed the Board. He noted that this was the first time he heard that only part of Maywood was being considered for the proposed restrictions to the parking regulations. Trustee Buzin stated that a majority of the residents were in favor of these changes. One major reason was the concern over the spill over of student parking to the lower part of Maywood—towards Ridge Street. Mayor Rand noted that this matter has been studied for quite some time. Over the last several years there has been some unfavorable behavior that has affected the quality of life of the residents surrounding the Port Chester High School. However, the efforts to encourage the students to use the parking that exists around the school, especially along the ball fields, has not been successful. There have been problems for the residents that include littering, loitering, playing of loud music, blocking driveways, etc. The Port Chester School District hired security guards to patrol the area, including Maywood, which has helped. A second resident of Maywood Avenue addressed the Board. He suggested that the student's association at the high school should be made aware of the problems. Trustee Buzin noted that the students that belong to the student association are not the ones that cause the problems. The resident stated that he was in support of the proposed changes to the parking. Mr. Ken Heller of Lincoln Avenue addressed the Board. He suggested issuing parking permits to either the students or the residents. Mayor Rand noted that this was not possible because of State law that governs parking on public streets. The resident of 18 Maywood Avenue addressed the Board. She noted that she addressed the Board at a previous meeting in support of the proposed changes. She also noted that the consensus between the residents continues to be to eliminate parking on Hillcrest and Maywood. The resident of 75 Hillcrest Avenue addressed the Board. She noted that she was very much in favor of the ban on parking if it meant a resolution to the ongoing problems in that area. There being no further comments, Mayor Rand called for a motion to close the pubic hearing. On a motion made by Trustee Richard Buzin, and seconded by Trustee Joan Feinstein, the public hearing was closed. Board of Trustees Meeting December 13,2005 Page 4 of 32 Mr. Keith Rang, Assistant to the Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter. RESOLUTIONS: 1) ADOPTING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROHIBIT PARKING AND STANDING ALONG PORTIONS OF HILLCREST AVENUE AND MAYWOOD AVENUE. Mr. Bradbury read the resolution: RESOLUTION ADOPTING A LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROHIBIT PARKING AND STANDING ALONG PORTIONS OF HILLCREST AVENUE AND MAYWOOD AVENUE WHEREAS, the Traffic Commission has recommended certain parking restrictions on school days from 11:00 AM to 2:00 PM on Hillcrest Avenue and Maywood Avenue; and WHEREAS, a local law has been proposed to amend Chapter 240 of the Village Code regarding no parking restrictions. WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on November 22, 2005 and December 13, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on December 13, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to prohibit parking and standing along portions of Hillcrest Avenue and Maywood Avenue; and Board of Trustees Meeting December 13,2005 Page 5 of 32 BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. On a motion made by Trustee Richard Buzin, and seconded by Trustee Paul Rosenberg, the resolution was adopted. Trustee Feinstein noted that she still had concerns and hoped to hear from the residents of Hillcrest. Many residents have already come forward and expressed their support, however, the Village Board would like to hear from all of the residents. She noted that the Village of Rye Brook is looking to do what is best for the residents, and for Port Chester High School. Mr. Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that amendments to the local laws are a work in progress. He stated that this matter would continue to be monitored. Mr. George Varbero, a member of the Rye Brook Traffic Commission and a resident of Neuton Avenue, addressed the Board. He noted that the installation of the signs should be done as soon as possible. Mr. Bradbury was directed to review this matter, however, it was noted that it would be approximately four to six weeks before the signs could be installed. Mr. Mario Nardi of Maywood Avenue suggested that the existing posts be utilized for the installation of the new signs. Mr. Bradbury stated that this suggestion would be reviewed. Mayor Rand called for the next public hearing on the agenda. 2) CONSIDERING APPROVING A SITE PLAN FOR AN APPLICATION BY NEXTEL FOR AN AGREEMENT TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS FACILITY AT VILLAGE HALL, 938 KING STREET, SECTION 1, BLOCK 1, LOTS 9.1 AND 9.2. Mayor Rand called for a motion to open the public hearing. Board of Trustees Meeting December 13,2005 Page 6 of 32 On a motion by Trustee Buzin, and seconded by Trustee Michael Brown, the public hearing was declared opened. Mr. Bradbury noted that the Village has been working with Nextel for some time to locate a cell tower on Village property. The applicant has been working with the Planning Board and the recommendation has been site plan approval. In addition, the site plan has been reviewed by Village Staff and the Village's outside consultants. Anthony Gioffre, Esq., counsel for the applicant from the firm of Cuddy & Feder, addressed the Board. He noted that the application before the Board was for a stealth facility. The pole has been designed to look like a flagpole, and the antenna will be internal constructed. The pole is intended to blend into the campus. A 1500 square foot structure, 30' x 50', will be constructed at the base of the flagpole for the equipment. Nextel, Verizon, and Cingular Wireless have joined together in the application for this location. T-Mobile has submitted a letter indicating their interest in installing an antenna on this facility. The letter has been submitted to the Board of Trustees. Trustee Paul Rosenberg thanked everyone for their hard work on this application. He asked that the timetable be mapped out. Mr. Mark Nidle, of Tectonic, the General Manager for the project responded to Trustee Rosenberg's request. He noted that the applicant's intention was to begin construction as soon as the Building Permits were issued, weather permitting. Trustee Michael Brown requested a layperson's explanation of why the pole must be 120' in height. Mr. Gioffre responded that there is a critical gap in coverage in this area. By providing this facility at this location, which is at the high point of the area topographically, the gap will be filled. This is a line of site technology, and buildings, trees, mountains, effect the way signals are generated by the facility. Therefore, the facility needs to be at a sufficient height to propagate the signal. Placing the antenna any lower would result in coverage gaps. Zoning requirements are not applicable for this type of application, however, this facility does comply with all of the Zoning requirements. A photo simulation was provided for the Village's review. In addition a map of the 5-mile radius around the facility has been created. Over half of the over 45- acre study area is occupied by the 65' tree canopy, thus the height of the installation needs to be 120'. Regarding emission and regulations, Mr. Gioffre noted that the FCC standards must be complied with. He pointed out that in the worst-case scenario for this installation, including all four carriers, the total emissions is less than 3%. Mr. Gioffre presented the Board with a map of the coverage area, and noted that one facility will not entirely close the coverage gap, but this facility will be a benefit to cell phone users since it is common knowledge that this area is a dead zone. He noted that there would be a need for additional facilities in the northern and southwestern portions of Rye Brook. Mr. Michael Musso, Village Consultant, noted that he has reviewed the applicant's report and stated that Mr. Gioffre's information is accurate. This facility is being constructed in accordance with the Village's Code, and the 120' monopole will adequately provide Board of Trustees Meeting December 13,2005 Page 7 of 32 service to the study area. He also agreed with Mr. Gioffre's comment that there will still be gaps in service for all four carriers. Mr. Musso stated that a Health and Safety emissions analysis was completed, and visual assessments were reviewed. Recommendations have been made regarding maintenance, plants, additions to the construction plans, site access procedures and monitoring to ensure that a review is done annually. Regarding the height of the facility, the consultants reviewed the topography of the area, as well as the tree canopy, and found that the height of 120' is accurate. Mr. Bradbury noted that this location is preferred over the 900 King Street location as it is further away from residents. Trustee Rosenberg questioned whether or not the coverage from this facility was better than the proposed installation at 900 King Street. The response was that it is as good, if not better. Trustee Rosenberg noted that this is a flagpole and questioned whether or not a flag will be at the top. If this is the case, then there must be lighting that will need to be addressed. He also questioned when construction would be completed. Mr. Nidle responded that typically construction of this type of facility would take two to three months, however, in this case there are four carriers to be organized. Trustee Feinstein noted that the FAA has been contacted and she asked for information pertaining to their requirements for a construction of this height. It was noted that a 200' structure requires lighting in connection with FAA regulations. She questioned what type of disruption would occur during construction and what type of equipment would be needed. The applicant guaranteed as little disturbance from construction as possible. It was noted that they would make every effort to minimize the effect of construction. Trustee Rosenberg noted that the Planning Board had requested that an empty slot be left below the Verizon slot. He asked if this was feasible. Mr. Gioffre responded that two empty slots were suggested to leave room for changes in technology. He stated that one slot was feasible, but that no slot could be constructed below the 60' mark on the structure. If the structure can support a second empty slot, the applicant would be happy to do it. A resident of the Arbors addressed the Board. He questioned carcinogenic effects from this tower. Mr. Gioffre noted when a carrier demonstrates that it complies with the emissions standards of the FCC, the application cannot be turned down based upon emissions. The resident was reminded that the Village did bring in their own independent consultant to review emissions. Mr. Musso noted that the analysis was done taking into consideration all four carriers, using the worse case scenario. Mayor Rand stated that this facility would continue to be monitored. It was also noted that the structural analysis being done used the New York State Building Code. These types of poles have three stages, but are visually only one piece. They are designed to last for 30 plus years. Board of Trustees Meeting December 13,2005 Page 8 of 32 On a motion made by Trustee Buzin, and seconded by Trustee Feinstein the public hearing was closed. Mr. Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter. 2) APPROVING A SITE PLAN FOR AN APPLICATION BY NEXTEL FOR AN AGREEMENT TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS FACILITY AT VILLAGE HALL, 938 KING STREET, SECTION 1, BLOCK 1, LOTS 9.1 AND 9.2. Mr. Bradbury read the resolution: RESOLUTION APPROVING A SITE PLAN FOR AN APPLICATION BY NEXTEL FOR AN AGREEMENT TO CONSTRUCT A WIRELESS TELECOMMUNICATION FACILITY AT VILLAGE HALL, 938 KING STREET, SECTION 1, BLOCK 1, LOTS 9.1 and 9.2 WHEREAS, Nextel of New York, Inc., d/b/a Nextel Communications ("Nextel") (the "Applicant") is seeking to enter into a Communications Site Lease Agreement (Ground) with the Village of Rye Brook to construct a wireless telecommunications facility consisting of a one hundred and twenty foot tall (120') monopole with the capacity for collocation of four wireless carriers and a fifteen hundred (1,500) square foot equipment shelter at the base of the pole at Village Hall, 938 King Street, Rye Brook,New York; and WHEREAS, the Village of Rye Brook Board of Trustees, as Lead Agency acting pursuant to the State Environmental Quality Review Act(SEQRA), reviewed the Full Environmental Assessment Form (EAF) and supporting documents prepared by the Applicant and classified the project as an Unlisted Action; and Board of Trustees Meeting December 13,2005 Page 9 of 32 WHEREAS, the application was referred to the Village Planning Board, the Technology and Communications Commission and the Advisory Council on Environmental Conservation for review and recommendation on January 11, 2005; and WHEREAS, on January 25, 2005 the subject application was referred to the Westchester County Department of Planning for the purpose of notification and to the Town of Greenwich for review and comment and no comments were received; and WHEREAS, the Village Planning Board recommended approval of the site plan and Communications Site Lease Agreement (Ground) subject to certain conditions on December 8, 2005; and WHEREAS, potential visual, health and safety impacts to Village property and the surrounding community were identified and considered by the Board of Trustees; and WHEREAS, the Planning Board, Planning Consultant, Village Engineer and the Engineering Consultant reviewed the information submitted and made recommendations regarding co-location of equipment from other telecommunications providers, the height of the monopole, conformance with non-ionizing electromagnetic radiation hazard criteria, structural and safety issues, the ground-based equipment facility, visual and aesthetic impacts, site plan, landscape plan, storm water management, erosion and sediment control, construction plan, tree protection and the Communications Site Lease Agreement (Ground); and WHEREAS, the Board of Trustees reviewed the application, additional information submitted by the Applicant, the Communications Site Lease Agreement (Ground), recommendations of the Planning Board, the Planning Consultant, the Village Engineer and the Engineering Consultant and is familiar with the site and all aspects of the project; and WHEREAS, potential visual, environmental, health and safety impacts to village property and the surrounding community would be mitigated by design of the tower as a flag pole, installation of landscape plantings at the base of the tower and around the equipment building, use of exterior building materials compatible with village hall and surrounding residential properties, design of antennas and operating parameters for such antennas within applicable federal, state and local guidelines regarding human health and safety, selection of the height of the pole and the size of the building to be the minimum required for operation of the facility, co-location of four telecommunications service providers to provide for current and future needs of these providers and the village, implementation of an erosion and sediment control plan during construction, installation of storm water Board of Trustees Meeting December 13,2005 Page 10 of 32 management facilities, implementation of monitoring and maintenance plans regarding future conformance with non-ionizing electromagnetic radiation hazard criteria, the aesthetic quality of the facility and structural and safety issues, implementation of a tree protection plan and a construction plan acceptable to the village of rye brook; and WHEREAS, on December 13, 2005, the Board of Trustees held a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application. NOW, THEREFORE, BE IT RESOLVED, for reasons stated herein, the village of rye brook board of trustees determines the visual, health and safety impacts associated with the site plan and the communications site lease agreement (ground) to be minor in nature and that such impacts would be mitigated by the site plan and the agreement itself and that it is in the best interest of the village to construct such a tower to improve telecommunications services in the village of rye brook; and BE IT FURTHER RESOLVED, that the Board of Trustees adopts a Negative Declaration, hereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the site plan to construct a wireless telecommunications facility consisting of a one hundred and twenty foot tall (120') monopole with the capacity for collocation of four wireless carriers and a fifteen hundred (1,500) square foot equipment shelter at Village Hall subject to approval of a Communications Site Lease Agreement (Ground) with the Applicant and the following conditions: 1. A complete construction plan, including information regarding construction hours, the construction schedule, equipment and vehicles to be employed during construction, the number and timing of vehicle trips to and from the site during construction, the potential for blasting and construction noise expected shall be reviewed and approved by the Village Engineer prior to issuance of a Building Permit. The following information along with any additional items required by the Village Building, Engineering, or other Departments shall be submitted during or subsequent to construction of the facility: a. Documentation and survey of actual monopole height. b. Actual centerline height of each antenna array. Board of Trustees Meeting December 13,2005 Page 11 of 32 c. Map of all trenches, utility runs, and utility connections associated with the facility. d. Documentation that antennas, transformers, generators, and all other equipment are properly grounded and in compliance with all applicable electrical codes. e. Specification sheets on all mechanical, structural, electrical or other types of equipment, including the back-up generator (e.g., natural gas or other fuel connection). 2. Approval of the storm water management plan and erosion and sediment control plan by the village engineer prior to issuance of a building permit. 3. Addition of the following information and notes to the Tree Protection Plan: a. That all phases of construction including clearing and grubbing, preliminary site preparation, utility installation, preliminary grading, road construction, building lot preparation, etc., require tree protection measures to be in place; b. That no construction activities of any kind should occur within the limits of the protected areas including, but not limited to grading, excavation, stockpiling of materials, storage of construction equipment, vehicle parking, movement of workers or machinery, or dumping of construction debris; c. Field marking and installation of safety fencing and/or wood barriers for individual trees, plantings and groups of trees to be protected. Fencing or barriers should be placed outside the "drip line" of the trees or plantings; d. A narrative description of the timetable for placement of protection measures, construction of fencing and barriers and the duration of the placement of such protection measures; e. Provisions for placement of warning signs on the site indicating areas of protected vegetation and prohibited activities in protected areas; f. Provisions for monitoring the effectiveness of the protection throughout the construction period; g. Provisions for inspection of protected trees by a certified arborist to determine condition and health after completion of construction. Inspections should be made once a year, during the growing season, for a minimum of three growing seasons after the completion of construction; h. Provision for replacement of protected trees or other landscape plantings damaged or killed by construction activities. Board of Trustees Meeting December 13,2005 Page 12 of 32 4. That type, textures and colors of exterior materials for the equipment building and flag pole tower match or are compatible with the types, textures and colors of exterior materials used in Village Hall and the Firehouse, that the Board of Trustees shall review and approve samples or catalog cuts illustrating building materials proposed for the equipment building, such as stone,brick, stucco, door and window trim, paving materials, light fixtures and fencing and that the types of exterior materials for the equipment building and the tower, and the colors and textures of such materials shall be stipulated in the Communications Site Lease Agreement (Ground)between the Village and the Applicant. 5. That the final industrial-grade color that is selected by the Village for the monopole shall be applied with a matte finish to the extent feasible (as opposed to a high-gloss or shiny finish) to reduce reflectivity and increase blending with the surroundings. If a U.S. flag is to be installed, the flag shall be replaced annually by the Applicant (or more frequently if determined to be desirable by the Village). 6. That the schedule and requirements for maintenance shall be included in the Communications Site Lease Agreement (Ground)between the Village and the Applicant. The Applicant shall provide a statement to the Village of Rye Brook with regard to commitment and schedule to maintain all visible aspects of the installation including, but not limited to, the monopole (paint/coatings, surface), flag, flag lighting (as applicable), equipment building, GPS antennas, fencing, landscaping, driveway/parking area surfaces, and outdoor equipment. The maintenance schedule shall be approved by the Village prior to the issuance of a Certificate of Occupancy. 7. That the Applicant shall provide full structural analysis and detailed design of the monopole structure and ground-based equipment building during the Building Permit phase of the project. 8. That as a contingency for future antenna use at the site, two additional antenna slots shall be installed below the proposed Verizon antennas (centerline heights of approximately 68 and 61 ft agl). The structural design of the monopole shall account for this possible future loading. 9. As an extra safety consideration, that a Fall Zone analysis including the assessment of installing one or more "hinge points"— or other engineered item Board of Trustees Meeting December 13,2005 Page 13 of 32 - to insure bending of the pole and control of fall zone in the unlikely event of monopole failure shall be submitted to the Village for approval. 10. That placement and installation of any equipment in the future shall be coordinated with the Village of Rye Brook. 11. That a site access protocol (for routine and emergency visits to service equipment, and visits to maintain the visual appearance of the monopole, flag, flag lighting, equipment building, outdoor equipment, and landscaping) shall be established between each service provider and the Village. This protocol shall include pre-notification of Village personnel for routine service visits, and Village contacts for emergency visits. Site-specific access considerations for the Village Hall property shall be identified by the Village and shall be addressed by the providers. 12. Operations shall be maintained in accordance with the Village's Wireless Ordinance and all other relevant Village codes. In the future, any change to the proposed number, sizes, locations, and transmit powers of any antenna shall be reviewed by the appropriate Village agency prior to modification. All necessary Village approvals must be obtained before modifications. 13. That annual RF field readings shall be conducted at the site and vicinity (around monopole, along all property lines, and at a few off-site points to be determined) to confirm that the general public MPE level is not exceeded at any location. Cumulative RF readings shall be conducted within 60 days after each co-locator is on air, and then annually after the last co-locator is on air. 14. That an annual letter report shall be submitted to the Village of Rye Brook Building Department by each provider to confirm that the antennas are operating in accordance with FCC guidelines, including the general public MPE for RF at and around the site (see above). Further, this annual report shall describe the operation status of each licensee and plans for new types of consumer services. Merger/consolidation information shall also be described in the annual report, if applicable to any of the co-locators. 15. That the existing Verizon and AT&T (a/k/a Cingular) applications at the 900 King Street property shall be officially withdrawn. Board of Trustees Meeting December 13,2005 Page 14 of 32 An amendment was made to the resolution regarding the number of open slots, and a change was made to the fifth Whereas Clause. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that there was an additional resolution. Mr. Bradbury read the additional resolution that was prepared in connection with the site lease agreement: DRAFT RESOLUTION CONSIDERING A COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) BETWEEN NEXTEL COMMUNICATIONS AND THE VILLAGE OF RYE BROOK, TO CONSTRUCT AND OPERATE A WIRELESS TELECOMMUNICATION FACILITY AT VILLAGE HALL, 938 KING STREET, SECTION 1, BLOCK 1, LOTS 9.1 and 9.2 WHEREAS, on December 13, 2005, the Village Board held a public hearing and subsequently approved a Site Plan application for Nextel of New York, Inc., d/b/a Nextel Communications (the "Applicant"), to construct a wireless telecommunications facility consisting of a one hundred and twenty foot tall (120') monopole with the capacity for co-location of four wireless carriers and a fifteen hundred (1,500) square foot equipment shelter at Village Hall, subject to certain conditions including the approval of a Communications Site Lease Agreement (Ground) with the Applicant; and WHEREAS, the Village of Rye Brook has negotiated a Communications Site Lease Agreement (Ground) with the Applicant. NOW, THEREFORE, BE IT RESOLVED, that the Village Board hereby authorizes the Mayor to sign the Communications Site Lease Agreement (Ground) (the "Agreement") between Nextel of New York, Inc., d/b/a Nextel Communications and the Village of Rye Brook, to construct and operate a wireless telecommunications facility at Village Hall, 938 King Street, Section 1, Block 1, Lots 9.1 and 9.2, subject to the terms and conditions included in the Agreement, as well as the terms and conditions included in the Site Plan resolution approved by the Village Board on December 13, 2005. Board of Trustees Meeting December 13,2005 Page 15 of 32 On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was opened for discussion. Special Counsel was called upon for a brief summary of the agreement. Mr. Bradbury noted that the agreement had not yet been signed. This generally covers the type of construction, the timeframe, the term of the agreement, the rent that will be paid by the applicant, the type of insurance, making sure that there will be four carriers on the pole, and maintenance. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was modified. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the modified resolution was adopted. The roll was called for the resolution, as amended: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mr. Gioffre thanked everyone for all of their hard work on this project. He noted that this has been a lengthy process, with many meetings and phone conferences. Mayor Rand called for the next matter on the agenda. 3) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NONCONFORMING USES, STRUCTURES AND LOTS. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the public hearing was opened. Board of Trustees Meeting December 13,2005 Page 16 of 32 Mr. Bradbury began the discussion by summarizing the proposed changes to this local law. He noted that the proposed changes would amend the Village's Code so that an applicant who did not enlarge or extend a non-conformity would not require a variance. Trustee Feinstein, the liaison to the Zoning Board of Appeals, noted that the Zoning Board did not agree with the proposed changes. The Zoning Board members felt that it is important for applicants to come before the Board for any improvements to a home that is non-conforming, even if a prior variance has been granted. The proposed changes to the Code could potentially legalize an existing non-conforming use. The job of the Zoning Board of Appeals is to review a variance in its totality. Trustee Rosenberg noted that the resolution would go a long way to help Village residents avoid being before a lot of Boards. It will help the both the Zoning and Building Code to become a little bit more friendly. Mayor Rand called for comments from the public. There being none, he called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 3) ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NONCONFORMING USES, STRUCTURES AND LOTS. Mr. Bradbury read the resolution: RESOLUTION ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NONCONFORMING USES, STRUCTURES AND LOTS Board of Trustees Meeting December 13,2005 Page 17 of 32 WHEREAS, a proposed local law has been prepared to amend Chapter 250 of the Code of the Village of Rye Brook to clarify the provisions relating to nonconforming uses, structures and lots; and WHEREAS, the proposed local law was reviewed by the Planning Board and Zoning Board of Appeals; and WHEREAS, at their meeting on October 27, 2005 the Planning Board referred the local law back to the Board of Trustees with comments from the Planning Board incorporated in the law; and WHEREAS, duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on September 27, 2005, November 8, 2005, and December 13, 2005 at which time all those wishing to be heard on behalf or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on December 13, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees adopts the proposed local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding nonconforming uses, structures, and lots; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution; and BE IT FURTHER RESOLVED, that this local law will be filed within ten (10) days with the Department of State provided that adjacent municipalities do not submit any comments. There was no discussion on this matter. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 4) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 209 AND 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE 75% RULE UNDER SECTION 209-1.B(2) AND OTHER SITE PLAN REVIEW REQUIREMENTS. Board of Trustees Meeting December 13,2005 Page 18 of 32 On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was declared open. Mr. Bradbury summarized. He noted that if an application was received that affected 75% of the maximum gross floor area, it required site plan approval. The amendments change the requirement to 1/3 of the gross floor area, but does not eliminate the 75% rule entirely. In addition, the proposed amendments add additional provisions for teardowns or new constructions that would trigger site plan approval. Paul Rosenberg noted that the Planning Board has spent a lot of time reviewing the proposed changes to the Village's Code. They have done an excellent job modifying this resolution, and the proposed changes will go a long way to capture applications that should be reviewed, and grant relief to those applications that do not require site plan review. Trustee Buzin noted that when written, the law was well intended. He reiterated Trustee Rosenberg's sentiment that the Planning Board worked very hard on these changes, and that they did a wonderful job. Trustee Feinstein questioned how this change effected the pending applications. She pointed out that the legislation states that it shall apply to all pending applications. The response was that if the only reason the application was being referred to the Planning Board was the 75%rule, then it will no longer need to go before the Planning Board. Former Trustee Dean Santon, of Hillandale Road, addressed the Board. He noted that a lot of legislation is being undone. He felt that these changes could result in construction of McMansions, which would drastically change the character of Rye Brook. He could not understand why the Board wanted to change the 75% rule when it triggered site plan review. Trustee Feinstein noted that the applications that would result in a McMansions would still be captured by the amended law. Mr. Santon noted that the Village's lots range in size. He felt that there would now be inequities to property owners, especially the owners of the smaller properties. He stated that there were a number of applications that could potentially have an impact that would not be caught by the changes made to the Village's Code. He expressed concern over grading and topographically issues that would not be caught. Ms. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She noted that the Planning Board very carefully reviewed this matter and considered what changes they were proposing. She suggested that the changes be made, and then the matter should be reviewed after a bit. It is important to see how applicants' consultants come up with responses to the law. She also noted that any change in elevation would trigger a site plan review. Board of Trustees Meeting December 13,2005 Page 19 of 32 Mayor Rand noted that Village Staff is obligated to follow the letter of the law. When the laws become too restrictive, adjustments may be needed. Mr. Michael Izzo, Building Inspector, noted that there is always a way to get around the rules. The Village relies on the integrity of the clients, their architects, and contactors because someone from the Village can't be there the entire time. He felt that the Building Department should be given discretionary authority. If, during a site visit, something doesn't appear to be right, then the Building Department should be able to review the application. John Scarlatto, Jr., architect, addressed the Board. Mr. Scarlatto noted that he represents a lot of clients in Rye Brook, and has been before several of the Boards. He felt that the changes were a good idea. He also suggested that the floor area restrictions be reviewed. The changes will be monitored and, if need be, the matter will be reviewed again. The idea is to shore up and improve the Village's Code. Mr. Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution: 4) ADOPTING A LOCAL LAW AMENDING CHAPTER 209 AND 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE 75% RULE UNDER SECTION 209-1.B(2) AND OTHER SITE PLAN REVIEW REQUIREMENTS. Mr. Bradbury read the resolution: RESOLUTION ADOPTING A LOCAL LAW AMENDING CHAPTER 209 AND 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE 75% RULE UNDER SECTION 209-1.B(2) AND OTHER SITE PLAN REVIEW REQUIREMENTS Board of Trustees Meeting December 13,2005 Page 20 of 32 WHEREAS, a local law has been proposed to amend Chapter 209 and 250 of the Village Code regarding the 75% rule under Section 209-1.B(2) and other site plan review requirements. WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on December 13, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on December 13, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 209 and 250 of the Village Code regarding the 75% rule under Section 209-1.B(2) and other site plan review requirements; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Edward Beane, Esq., Village Counsel, noted that a teardown would be a red flag. If the application is for a teardown, then site plan approval must be received. An applicant can make an appeal, which would be based on Mr. Izzo, the Building Inspector's, denial of a building permit based on the fact that the application was for a teardown. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was approved. Dean Santon, of Hillandale Road addressed the Board again. He stated that in his opinion teardowns would not be captured with the new definition. He felt that applicants will figure out a way to avoid being considered a teardown. They can leave a wall standing, or use part of the foundation. It was noted that this is a work in progress, and will continue to be reviewed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that he would take a few items out of order. He called for resolution #7 on the agenda: Board of Trustees Meeting December 13,2005 Page 21 of 32 7) APPOINTMENT OF CODE ENFORCEMENT OFFICER. Mr. Bradbury read the resolution: RESOLUTION APPOINTMENT OF CODE ENFORCEMENT OFFICER NOW THEREFORE BE IT RESOLVED, that Steven E. Fews of 60 Ferris Place, Ossining, New York, is hereby appointed to the position of Code Enforcement Officer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $59,000 with an effective start date of December 28, 2005; and be it FURTHER RESOLVED, that the Village's Employer-provided Automobile Policy is amended to include the title of Code Enforcement Officer, and that the position of Code Enforcement Officer (Spanish Speaking) is removed from this automobile policy. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Mr. Bradbury introduced Mr. Fews. He noted that he had been working for the Village of Mamaroneck for the past eight (8) years, and he comes very highly recommended. Mr. Fews was welcomed to the Village. Mr. Fews thanked everyone for this opportunity. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for public hearing #6 on the agenda: Board of Trustees Meeting December 13,2005 Page 22 of 32 6) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DEFINITIONS OF BASEMENT, GROSS FLOOR AREA AND STORY. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the public hearing was declared open. Mr. Bradbury noted that there is a conflict in the local law. This clarifies the definition, and will also clarify whether or not the structure will need to be sprinklered. It will not create any undue burden to the residents. Mr. Izzo, Building Inspector, noted that the State of New York does have a fire sprinkler law based upon the stories of a building. The determination of the number of stories has to do with the level of the first floor in relationship to the grade. If the first floor level is six feet or more above the grade around the structure, then what is below is counted as a story. Ms. Timpone Mohamed noted that the Village was trying to address the newer homes that have basements with 10' ceilings. The amendment will also address grading. Trustee Rosenberg noted that this amendment would not stop an applicant from digging a deep foundation in order to have a 10' ceiling in their basement. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) ADOPTING A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DEFINITIONS OF BASEMENT, GROSS FLOOR AREA, AND STORY. Mr. Bradbury read the resolution: Board of Trustees Meeting December 13,2005 Page 23 of 32 RESOLUTION ADOPTING A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DEFINITIONS OF BASEMENT, GROSS FLOOR AREA AND STORY WHEREAS, the Planning Board has recommended that Chapter 250 of the Village Code be amended to clarify the definitions of basement, gross floor area and story. WHEREAS, a local law has been proposed to amend Chapter 250 of the Village Code regarding the above-referenced recommendation; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on December 13, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on December 13, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding the definitions of basement, gross floor area and story; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the next item on the agenda under public hearings. 5) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NEWSPAPER PUBLICATION. Board of Trustees Meeting December 13,2005 Page 24 of 32 On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was opened. Mr. Bradbury noted that this local law deals with newspaper publication for public hearings. There were no comments from the public. Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter. 5) ADOPTING A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NEWSPAPER PUBLICATION. Mr. Bradbury read the resolution: RESOLUTION ADOPTING A LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NEWSPAPER PUBLICATION WHEREAS, a local law has been proposed to amend Chapter 250 of the Village Code regarding newspaper publication requirements. WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on December 13, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on December 13, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding newspaper publication requirements; and Board of Trustees Meeting December 13,2005 Page 25 of 32 BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for item#8 under resolutions: 8) AWARDING CONTRACT #05-03, SIDEWALK REHABILITATION ALONG BETSY BROWN ROAD. Mr. Bradbury read the resolution. RESOLUTION AWARDING CONTRACT #05-03 SIDEWALK REHABILITATION ALONG BETSY BROWN ROAD WHEREAS, the Village of Rye Brook has solicited bids for contract 05-03 "SIDEWALK REHABILITATION ALONG BETSY BROWN ROAD"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on Thursday, December 1, 2005; and WHEREAS, at 10:00 a.m., Wednesday, December 7th, 2005, all bids received were opened as summarized below; and BID BID BIDDER AMOUNT BOND PETER J. LANDI, INC. $51,070.00 YES ACOCELLA CONTRACTING, INC $53,720.00 YES JOHN BARRETO CONSTRUCTION $639976.80 YES KMK CONSTRUCTION, INC $194,640.00 YES Board of Trustees Meeting December 13,2005 Page 26 of 32 WHEREAS, upon reviewing the bids, the Village Engineer has determined that Peter J. Landi, Inc., is the lowest responsible bidder meeting the requirements of the contract documents, NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #05-03 "SIDEWALK REHABILITATION ALONG BETSY BROWN ROAD" is hereby awarded to Peter J. Landi, Inc., for the total bid price of$51,070.00; 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. Mr. Bradbury noted that the bids were very close. Mr. Carosi, Village Engineer, stated that the hope is to have the work completed by spring. He also noted that any trees that are removed during this work would be replaced. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO ADD CHAPTER 165 TO THE VILLAGE OF RYE BROOK REGARDING VILLAGE ELECTIONS. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO ADD CHAPTER 165 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING VILLAGE ELECTIONS WHEREAS, a local law has been proposed to add Chapter 165 to the Village Code establishing election procedures in the event of a tie vote. Board of Trustees Meeting December 13,2005 Page 27 of 32 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on January 10, 2006 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to add Chapter 165 to the Code of the Village of Rye Brook to establish tie voting procedures for village elections. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. Mayor Rand noted that this resolution sets a public hearing. He did note that this matter is being reviewed because of some of the recent incidents in various municipalities where a tied vote was decided by a flip of a coin. This is not the best way for an elected official to get into office. This matter will be discussed at the public hearing,but it is the Board's hope to put a runoff process in place. Mr. Bradbury noted that the local law must be adopted at least 65 days prior to an election. TRUSTEE BROWN VOTING AVE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 10) OPPOSING THE BROADBAND INVESTMENT AND CONSUMER CHOICE ACT AND THE VIDEO CHOICE ACT OF 2005. Mr. Bradbury read the resolution: RESOLUTION OPPOSING THE BROADBAND INVESTMENT AND CONSUMER CHOICE ACT AND THE VIDEO CHOICE ACT OF 2005 WHEREAS, local governments in New York State have the authority to approve cable television franchise agreements, which allows for the use of the public right-of-way by private companies providing services to municipal residents; and Board of Trustees Meeting December 13,2005 Page 28 of 32 WHEREAS, local cable franchise agreements also provide the local governments with greater control over service issues, creates an avenue for grass roots input into the operation of the system for the benefit of its residents, as well as revenue and equipment support that benefits the local governments and school districts; and WHEREAS, the Broadband Investment and Consumer Choice Act (5.1504) and the Video Choice Act of 2005 (S.1349) have been introduced in the United States Senate, and similar legislation has been introduced in the House of Representatives; and WHEREAS, the stated goals of this legislation include promoting the deployment of competitive video, broadband, and telecommunications services throughout the country, providing greater consumer choice and lower prices, and eliminating barriers for future services and development; and WHEREAS, this legislation unfortunately also includes provisions that would potentially pre-empt state and local authority to grant franchises, limit the ability of local governments to address customer service concerns of their residents, decrease the authority of local governments to manage their right-of-ways, reduce franchise fee revenues payable to local governments for the use of public property that benefits governments and school districts, and eliminate in-kind support for Public, Educational, and Government(PEG) channels; and; WHEREAS, the establishment of a national template for franchising would disregard and diminish the local grass roots input that makes each community unique for its residents. NOW THEREFORE BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby declares its opposition not only to S.1504 and S.1349, but to any federal, state, or county legislation and regulatory actions that would include language that would have the effect of preempting local government franchising authority, thereby restricting the ability of local governments to address service issues, or reducing the compensation received by local governments for the use of their public property; and be it FURTHER RESOLVED, that the Administrator is hereby requested to forward this resolution to Rye Brook's Federal, State and County representatives. The Village wants to ensure that state and federal authorities will not be able to pre-empt local authorities, or limit the franchises. Mayor Rand read a brief communication received from the Technology Committee opposing this Act. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. Board of Trustees Meeting December 13,2005 Page 29 of 32 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 11) AUTHORIZING THE LAW FIRM OF FULBRIGHT & JAWORSKI, L.L.P., TO PERFORM BOND COUNSEL SERVICES. Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING THE LAW FIRM OF FULBRIGHT & JAWORSKI, L.L.P., TO PERFORM BOND COUNSEL SERVICES WHEREAS, the law firm of Wilkie Farr & Gallagher LLP will cease its public finance practice as of December 31, 2005, requiring the Village to designate another law firm to perform bond counsel services; and WHEREAS, the Village has received a commitment from Randolph J. Mayer, as a partner of Fulbright & Jaworski LLP and formerly the Village's representative of Wilkie Farr & Gallagher LLP, to perform bond counsel services for the Village of Rye Brook at the same rates and with the same level of service previously received from Wilkie Farr and Gallagher LLP. NOW THEREFORE BE IT RESOLVED, that the Mayor and Administrator are authorized to sign all documents necessary or appropriate to authorize the law firm of Fulbright & Jaworski, LLP, 666 Fifth Avenue, NY, NY 10103, to perform the necessary bond counsel services for the Village of Rye Brook effective January 1, 2006. There was no discussion on this matter. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting December 13,2005 Page 30 of 32 12) APPROVING THE CANCELLATION OF THE DECEMBER 27, 2005 BOARD OF TRUSTEES MEETING. Mr. Bradbury read the resolution: RESOLUTION APPROVING THE CANCELLATION OF THE DECEMBER 27, 2005 BOARD OF TRUSTEES MEETING RESOLVED, that the Village of Rye Brook Board of Trustees hereby cancels the next Board of Trustees meeting that was scheduled on December 27, 2005. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 13)APPROVING MINUTES: OCTOBER 11, 2005 (REGULAR MEETING), OCTOBER 11, 2005 (WORK SESSION) Mayor Rand asked that the review of the summaries for the above-referenced meetings be held over to the next Board of Trustees meeting. With the Board's consensus, the matter was adjourned. ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Technology Committee was asked to review and make recommendations on the Village's public access guidelines. They have recommended that there be no changes to the guidelines. Mayor Rand reported that the Town of Rye has been invited to copy tapes of the council meeting telecast on Rye Brook's channel. Mr. Bradbury gave a brief update on the ball field. He noted that the work would continue through the winter, weather permitting. Mr. Victor Carosi, Village Engineer, gave an update on the Village's leaf collection program. He noted that the relatively early snowfall set the clean up back a bit. As long as the weather holds up, the leaf collection will continue. Mayor Rand thanked the Highway Department for Board of Trustees Meeting December 13,2005 Page 31 of 32 the wonderful job they have done on leaf collection, and the remarkable job of keeping the streets clear of snow during this past snowfall. Mr. Carosi noted that the leaf collection had not yet been completed. The snowfalls set the program back a little bit. There are still leaf piles. Trying to do what can be done to continue the collection. Depending on the weather — will continue. This was a relatively early snowfall. Mayor Rand noted that the highway department die a wonderful job of leaf collection. Remarkable job keeping the streets clear of snow. Mr. Bradbury agreed, noting that the Village did not receive any complaints about snow removal. NEW BUSINESS Trustee Buzin announced that he would not be seeking re-election next year. When he decided to run for Trustee he hoped to accomplish certain things. He felt that he achieved his goals, and much more. He thanked the Board, and the community, for the opportunity, and noted that he would remain active in community service. Mayor Rand thanked Trustee Buzin for his hard work and dedication. Mayor Rand noted that there were no discussion items on the agenda. He also noted that it was the last Board of Trustee meeting before the Holidays, and wished everyone a very happy and safe Holiday Season. The next Board of Trustee meetings were scheduled for January 10 and January 24, 2006. There being no further business before the Board, the meeting was adjourned at 10:10 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting December 13,2005 Page 32 of 32