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HomeMy WebLinkAbout2007-04-10 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 10, 2007-7:30 P.M. AGENDA 7:00 P.M.— Trustee Swearing in Ceremony ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1) Continuation of a Public Hearing on the Site Plan application submitted by K&M Realty Group, LTD for development on Bowman Avenue west of South Ridge Street, Rye Brook, Section 1, Block 22, Lots 2B and 2B2. 2) Public Hearing on a proposed amended local law extending the Building Permit Amnesty Program. 3) Public Hearing to consider the 2007—2008 Tentative Budget RESOLUTIONS: 1) Considering the Site Plan application submitted by K&M Realty Group, LTD for development on Bowman Avenue west of South Ridge Street, Rye Brook, Section 1, Block 22, Lots 2B and 2B2 2) Considering an amended local law extending the Building Permit Amnesty Program 3) Authorizing the submission of a NYS Home Rule Request to modify the Village Mayor and Board of Trustees terms of office Board of Trustees Meeting April 10, 2007 Page 1 4) Setting a Public Hearing for an amendment to Chapter 178 of the Village of Rye Brook Village Code regarding places of public assembly 5) Considering appointments to various Boards, Committees and Commissions 6) Considering annual organizational resolutions 7) Considering the appointment of Assistant Building Inspector 8) Considering entering into an agreement with Barchella Contracting Co., Inc. to permit compost production facility on Village property on Lincoln Ave. 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: April 24, 2007 and May 8, 2007 BOARD Mayor Lawrence A. Rand Trustee Michael S. Brown Trustee Joan L. Feinstein Trustee Patricia Sanders Romano Trustee Paul S. Rosenberg Board of Trustees Meeting April 10, 2007 Page 2 STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Robert Bertolacci, Parks & Recreation Superintendent Victor Carosi, Village Engineer Diane DiSanto, Treasurer Steven Fews, Assistant Building Inspector Michael Izzo, Building Inspector Michal Nowak, Junior Engineer Fred Seifert, Public Access Coordinator Catherine Spinosa, Deputy Treasurer Paula Patafio, Meeting Secretary CONVENE: Mayor Lawrence Rand called the April 10, 2007 regular meeting of the Board of Trustees to order. He noted that the Trustee Michael S. Brown and Trustee Paul S. Rosenberg were sworn into office at a ceremony held at 7:00 p.m. Mayor Rand called upon Trustee Rosenberg's son and daughter to lead the Board in the Pledge of Allegiance. Mayor Rand noted that there was a full agenda before the Board. He requested that two matters be taken out order. With the approval of the Board, he began the meeting by calling for item #7 on the agenda: 7) CONSIDERING THE APPOINTMENT OF ASSISTANT BUILDING INSPECTOR Mr. Christopher Bradbury, Village Administrator, read the following resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF ASSISTANT BUILDING INSPECTOR RESOLVED, that Steven Fews of 60 Ferris Place, Ossining, New York, is hereby appointed to the position of Assistant Building Inspector with the Village of Rye Brook, subject to the Civil Service procedures of Board of Trustees Meeting April 10, 2007 Page 3 the State of New York and in accordance with the letter of appointment dated April 3, 2007; and be it FURTHER RESOLVED, that the annual salary is $69,000 with an effective start date of April 11, 2007. Mr. Bradbury noted that Mr. Fews, who has been working for the Village, has been doing a great job as the Code Enforcement Officer. Mr. Fews has been very active working with the Safe Housing Task Force. Mr. Bradbury recommended that the Board approve the resolution. On a motion made by Trustee Joan Feinstein, and seconded by Trustee Patricia Sanders Romano, the resolution was adopted. Mr. David Burke, Assistant to the Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mr. Fews was congratulated on his promotion. He thanked the Board and the Village for the opportunity, and noted that he looked forward to working with the Village for a long time. Mr. Bradbury was called on to introduce the newest firefighter for the Village of Rye Brook. He noted that Mr. Anthony Cerone, a Port Chester Volunteer firefighter, was currently attending the Academy. Mr. Cerone comes highly recommended. Mr. Anthony Cerone thanked the Mayor and Board of Trustees for his appointment. Mayor Rand returned to the agenda, and called for the report on the 2007-2008 Tentative Budget. Board of Trustees Meeting April 10, 2007 Page 4 REPORT: Mr. Bradbury began his presentation on the 2007-2008 Tentative Budget by noting that the budget runs from June 1, 2007 to May 31, 2008. Under State Law, the budget must be adopted by May 1, 2007. The process began last December, when all Department Heads were given worksheets and were asked to begin their review. It was noted that this was a challenging year, and the tentative budget was the result of hard work from each of the department heads. Mr. Bradbury noted that the tax revenue is relatively low; the fund balance is up; the tax rate is down; building revenue is up; tax PILOTS are in place; and the capital infrastructure is up. With the assistance of Diane DiSanto, Treasurer, and Cathy Spinosa, Deputy Treasurer, Mr. Bradbury gave a presentation on the Budget, which included a slide presentation. Both expenditures and revenues were reviewed, and it was noted that Rye Brook has the third lowest tax burden of any Village in the County of Westchester based on property values. The public hearing for this matter should close at this meeting, and then this budget will be scheduled to be approved by the Village Board at the next Board of Trustees meeting. Mr. Bradbury pointed out that this is a tight but stable budget. It was noted that any resident that was interested in obtaining more information on the budget should go to the Village's website. Mayor Rand thanked Mr. Bradbury for the presentation. He also thanked the Village's staff for all of the hard work that has gone into this year's budget preparation. He turned to members of the public for questions and comments. Ken Heller, 22 Lincoln Avenue, addressed the Board. He commented on the Village's tentative budget, noting that there was a positive average fund balance. He expressed his opinion that it would be better to have this surplus of funds in the residents' hands rather than in a bank account for the Village of Rye Brook. Mayor Rand noted that the Board of Trustees has reviewed the tentative budget. He noted that the income from building fees has increased substantially from last year to this year. He stated that he understood Mr. Heller's comments about the fund balance, but felt the fund balance of approximately 14% was appropriate. Trustee Joan Feinstein also understood what Mr. Heller was saying about the positive fund balance. She suggested that perhaps the fund balance could be brought down a little bit. Mr. Bradbury responded by strongly urging the Board not to reduce the fund balance. Board of Trustees Meeting April 10, 2007 Page 5 There being no additional comments, Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the public hearing was closed. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that Trustee Brown was excused from the meeting and would, if possible, re join the Board later in the evening. Mr. Bradbury noted that the first item on the agenda under Public Hearings, the application by K&M Realty, was adjourned to May 8th. Edward Beane, Esq., Village Counsel, noted that there was some last minute concerns and this last minute tweaking has caused a delay. Mr. Bradbury was directed to advise the applicant, Mr. Kim Konigsberg, of the adjournment. Mayor Rand noted that it was better to have the additional time to work everything out. Mr. Bradbury stated that he agreed that the May 8t" date was better than trying to push the matter to the second meeting in April. It was noted that this matter was still before the Planning Board. That Board is reviewing two (2) separate matters: the Steep Slopes and Wetlands permits; over which the Planning Board has final approval authority. Mayor Rand called for the second public hearing on the agenda: 2) PUBLIC HEARING ON A PROPOSED AMENDED LOCAL LAW EXTENDING THE BUILDING PERMIT AMNESTY PROGRAM Mr. Bradbury noted that this program was going exceptionally well. Several members of the Board of Trustees suggested that an extension to this program be granted. Mayor Rand noted that this project was started by Trustee Feinstein and it has been successful in bringing many properties into compliance. Because it has been an overwhelming success, the Board would like to extend the program. It was noted that this program was started with the safety of the residents in mind and without the extension it Board of Trustees Meeting April 10, 2007 Page 6 would end on May 31, 2007. If work was completed before June 2006 and the resident does not have a permit or if they need a Certificate of Occupancy, this is the time to apply. As an incentive, the penalty has been waived. The Board decided to extend the program to December 31, 2007. Mayor Rand reminded everyone that it is virtually impossible to refinance a mortgage or sell a house without a Certificate of Occupancy. In order to be in compliance, and for work done to a home or property without a permit to be brought into compliance, an application should be made to the Building Department. Mayor Rand stressed that this is an incredible opportunity for residents. He called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the public hearing was closed. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand asked that the resolution on this matter be addressed by the Board: 2) PUBLIC HEARING ON A PROPOSED AMENDED LOCAL LAW EXTENDING THE BUILDING PERMIT AMNESTY PROGRAM. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AMENDED LOCAL LAW EXTENDING THE BUILDING PERMIT AMNESTY PROGRAM WHEREAS, a building permit is required to erect, enlarge or structurally alter any building or other structure in the Village of Rye Brook. WHEREAS, there currently is an administrative fine assessed against persons engaged in or caused to be engaged in such activities without obtaining the required building permit(s). Board of Trustees Meeting April 10, 2007 Page 7 WHEREAS, the Board of Trustees has knowledge that property owners have failed to secure the required building permit(s) for such activities and wishes to encourage compliance with the building permit requirements by offering a suspension of the administrative fine for a limited time; WHEREAS, the Board of Trustees has previously adopted a local law creating an Amnesty Program in the Village of Rye Brook and now wishes to extend the period of time in which the Building Department may accept applications; WHEREAS, on April 10, 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 10, 2007. NOW, THEREFORE BE IT RESOLVED, that the amendments to the Local Law of the Village of Rye Brook regarding the Amnesty Program are hereby adopted. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 3) AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST TO MODIFY THE VILLAGE MAYOR AND BOARD OF TRUSTEES TERMS OF OFFICE Mr. Bradbury read the following resolution: Board of Trustees Meeting April 10, 2007 Page 8 RESOLUTION AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST TO MODIFY THE VILLAGE MAYOR AND BOARD OF TRUSTEE TERMS OF OFFICE WHEREAS, the Village of Rye Brook desires to extend the terms for the offices of the Mayor and Board of Trustees from two (2) years to three (3) years; and WHEREAS, NYS Assemblyman George Latimer has introduced NYS legislation to the Assembly with bill number A.1219, and NYS Senator Suzi Oppenheimer has introduced NYS legislation to the Senate with bill number 5.4092; and WHEREAS, this legislation requires the passage of a Home Rule Request by the Village of Rye Brook to the NYS Senate and NYS Assembly. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the submission of a Home Rule Request to the NYS Senate and Assembly for bill numbers S.4092 and A.1219 that would authorize and empower the Village of Rye Brook to modify the Village Mayor and Board of Trustees terms from two (2) years to three (3) years; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are authorized to submit the Home Rule Request and execute and deliver all necessary documents to NYS. Trustee Rosenberg noted that when elected into the position of Trustee, it really takes a good deal of time to be brought up to speed. Just as a good understanding of the Village Code and procedures sets in, the term has ended. Increasing the length of the term is a benefit. It gives the Trustees the opportunity to learn and then execute what they have learned. Trustee Feinstein also felt that a three-year term made much more sense. She also noted that elections are very time consuming and costly. This change would be a help to the administrative staff and save the Village money. Board of Trustees Meeting April 10, 2007 Page 9 On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 4) SETTING A PUBLIC HEARING FOR AN AMENDMENT TO CHAPTER 178 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PLACES OF PUBLIC ASSEMBLY Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR AN AMENDMENT TO 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 of Rye Brook Code regarding places of public assembly. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on April 24, 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 Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting April 10, 2007 Page 10 5) CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS Mr. Bradbury read the resolution: RESOLUTION CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS Appointments To The Advisory Council On Environmental Conservation RESOLVED, that Harvey Schiller of 26 Meadowlark Road is hereby reappointed Chairperson. Appointments To The Advisory Council On Parks And Recreation RESOLVED, that Cliff Shaw of 11 Birch Lane is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Richard Gutner of 21 Mohegan Lane is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Jeffrey Kornblum of 24 Legendary Circle is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Steve Shoen is hereby reappointed Chairperson. Appointments To The Airport Advisory Council RESOLVED, that Richard Goldstein of 5 Heritage Court is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it Board of Trustees Meeting April 10, 2007 Page 11 FURTHER RESOLVED, that Nancy Ruskin of 7 Doral Greens Drive West is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Dee Schmid of 15 High Point Circle is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Marcia Teschner is hereby reappointed Chairperson. Appointments To The Architectural Review Board RESOLVED, that Richard Romm of 25 Talcott Road is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Marcia Rogull of 65 Talcott Road is hereby reappointed for a term that shall expire on the first Monday in April, 2010; and be it FURTHER RESOLVED, that Richard Romm is hereby reappointed Chairperson Appointments To The Ethics Board RESOLVED, that Michael Stolzar of 19 Rockinghorse Trail is hereby reappointed to for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Barbara Bernstein of 5 Mark Drive is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Robert Lewis of 16 Eagles Bluff is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it Board of Trustees Meeting April 10, 2007 Page 12 FURTHER RESOLVED, that Peter G. Reichman of 15 Mark Drive is hereby re-appointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Carol Goodman of 6 Legendary Circle is hereby re-appointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED that Carol Goodman is hereby appointed Chairperson Appointments To The Planning Board RESOLVED, that John Grzan of 10 Candy Lane is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it FURTHER RESOLVED, that Gary Zuckerman is hereby appointed Chairperson Appointments To The Records Management Committee RESOLVED, that the following individuals are hereby reappointed to the Records Management Committee for a term which expires on the first Monday in April, 2008: Lawrence A. Rand, Mayor Christopher J. Bradbury, Administrator Diane DiSanto, Treasurer Jean Gesoff, Senior Citizen Coordinator; and be it FURTHER RESOLVED, that Chief Gregory Austin is hereby appointed for a term that will expire on the first Monday in April, 2008 Board of Trustees Meeting April 10, 2007 Page 13 Appointments To The Technology And Communications Commission RESOLVED, that Lori Hecker of 80 Country Ridge Drive is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that David Harmon of 32 Hillandale Road is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Howard Lim of 83 Valley Terrace is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Mark Klapper of 1 Charles Lane is hereby reappointed for a term that will expire on the first Monday in April, 2010; and be it FURTHER RESOLVED, that Mark Klapper is hereby reappointed Chairperson Appointments To The Traffic Commission RESOLVED, that John Walter of 32 Brook Lane is hereby reappointed for a term that shall expire on the first Monday in April, 2010, and be it FURTHER RESOLVED, that George Varbero of 211 Neuton Avenue is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Jody Brackman of 76 Tamarack Road is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Joseph Russo of 75 Hillcrest is hereby appointed for a term that shall expire on the first Monday in April, 2010; and be it Board of Trustees Meeting April 10, 2007 Page 14 FURTHER RESOLVED, that Gerald Appelbaum of 1 Country Ridge Drive is hereby reappointed for a term that will expire on the first Monday in April, 2010; and be it FURTHER RESOLVED, that Gerald Appelbaum is hereby reappointed Chairperson Appointments To The Zoning Board Of Appeals RESOLVED, that Salvatore Cresenzi of 13 Holly Lane is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Mark Harmon is hereby reappointed Chairperson. Mayor Rand noted that all of the appointments are volunteers. He also noted that consistent with a policy he initiated, he is please to say that everyone who has asked to be appointed to a Board has been appointed. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolutions were adopted. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS Mr. Bradbury read the following resolution: Board of Trustees Meeting April 10, 2007 Page 15 RESOLUTION CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS RESOLUTION DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED, that Michael Brown of 158 Brush Hollow Crescent is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two-year term of office; and be it FURTHER RESOLVED, that Paul S. Rosenberg of 43 Country Ridge Drive North is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two-year term of office; and be it FURTHER RESOLVED, that said terms of offices are effective at noon on the 1st Monday of April 2007. RESOLUTION RETAINING VILLAGE ATTORNEY RESOLVED, that the law firm of Keane and Beane, PC (Edward F. Beane, Esq.) of 445 Hamilton Avenue, White Plains, New York 10601 is hereby retained as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the retainer agreement dated July 9, 2004 and revised letter dated April 7, 2006. RESOLUTION APPOINTMENT OF LABOR COUNSEL RESOLVED, that the law firm of Littler, Mendelson, P.C. (Craig R. Benson, Esq.) of 885 Third Avenue, New York, NY 10022 is hereby Board of Trustees Meeting April 10, 2007 Page 16 retained as Labor Counsel for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF TAX CERTIORARI COUNSEL RESOLVED, that the law firm of Oxman, Geiger, Natale & Tulis, P.C. (Mark S. Tulis, Esq.) is hereby retained as Tax Certiorari Counsel for the Village of Rye Brook for the next ensuing fiscal year subject to the rates established in the letter dated April 11, 2005. RESOLUTION APPOINTMENT OF SPECIAL WATER COUNSEL RESOLVED, that Joel R. Dichter of Dichter Law, LLC of 10 Rockefeller Plaza, NY, NY is hereby retained as Special Water counsel for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE RISK MANAGER RESOLVED, that JPR Risk Management, Ltd. (Joseph P. Ricci) is hereby appointed as Risk Manager for the Village of Rye Brook for the next ensuing official year in accordance with the terms of the Risk Management Proposal dated March 29, 2007. RESOLUTION RETAINING ENGINEERING CONSULTANT RESOLVED, that Dolph Rotfeld Engineering, P.C. (Dolph Rotfeld, PE) is hereby retained as Engineering Consultant for the Village of Rye Brook for the ensuing official year in accordance with the terms of the letter outlining Engineering Services dated April 4, 2007. Board of Trustees Meeting April 10, 2007 Page 17 RESOLUTION RETAINING VILLAGE PLANNING CONSULTANT RESOLVED, that Frederick P. Clark Associates, Inc. (David Stolman) is hereby retained as Village Planning Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms and rate schedule in the letter dated September 22, 2006 and approved by the Village Board on September 26, 2006. RESOLUTION APPOINTMENT OF SPECIAL ENGINEERING CONSULTANT RESOLVED, that Henningson, Durham & Richardson Architecture and Engineering, P.0 (Mike Musso, PE) is hereby appointed as Special Engineering Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms set forth in the Multiple Project Agreement for Professional Services, 2007 Master Agreement dated April 4, 2007. RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Bradbury, of 3355 Poplar Street, Yorktown, New York is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE CLERK RESOLVED, that Christopher J. Bradbury, of 3355 Poplar Street, Yorktown, New York is hereby appointed Village Clerk for the Village of Rye Brook for a two-year term. Board of Trustees Meeting April 10, 2007 Page 18 RESOLUTION APPOINTMENT OF VILLAGE CLAIMS AUDITOR RESOLVED, that Judith Belkin of 38 Rock Ridge Drive, Rye Brook, New York is hereby appointed as intermediate Account Clerk/Village Claims Auditor for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION DESIGNATION OF VILLAGE TREASURER RESOLVED, that Diane DiSanto of 98 Lakeview Avenue, Scarsdale, New York is hereby appointed as Village Treasurer for the Village of Rye Brook for a two-year term. RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURER RESOLVED, that Catherine M. Spinosa of 14 Crest Drive, Yorktown is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED, that Nick Mecca, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook for the next ensuing fiscal year. Board of Trustees Meeting April 10, 2007 Page 19 RESOLUTION APPOINTMENT OF REGISTRAR OF VITAL STATISTICS RESOLVED, that Hope Vespia, Registrar of Vital Statistics for the Town of Rye, is hereby appointed as the Registrar of Vital Statistics for the Village of Rye Brook for the next ensuing official year. RESOLUTION RESOLUTION OF RECORDS MANAGEMENT OFFICER RESOLVED, that Christopher J. Bradbury of 3355 Poplar Street, Yorktown, New York is hereby appointed Records Management Officer for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED, that the second (2nd) and fourth (4d') Tuesday of each and every month are hereby designated as the Meeting nights of the Village of Rye Brook Board of Trustees pursuant to the adopted Rules of Procedure of the Board of Trustees; and be it FURTHER RESOLVED, that said meetings are to commence at 7:30 p.m. RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED, the Mayor, the Village Administrator, Village Treasurer, and Deputy Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that the Treasurer and Deputy Treasurer are authorized to sign Bonds, Bond Anticipation Notes (BAN's) and other obligations of the Village; and be it Board of Trustees Meeting April 10, 2007 Page 20 FURTHER RESOLVED, that bank internal transfers and out-going wires from one account to another can be made by telephone, online with Wachovia, Commerce Bank, T.D. Bank North, NA (Hudson United Bank), Chase (JP Morgan), Hudson Valley, Bank of America or by voice or data transmission by any one of the above named signatories followed by written confirmation to the banks in accordance with the Village's Investment Policy. RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that the Bank of New York, J.P. Morgan Chase, Wachovia, Hudson Valley Bank, Bank of America, T.D. Bank North, NA, Commerce Bank are hereby designated as depositories for the Village of Rye Brook. RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPER WHEREAS, the Village must publish legal notices in any newspaper designated as the official newspaper for the municipality; and WHEREAS, the Journal News is a daily newspaper circulated and available to its residents in the Village of Rye Brook; and WHEREAS, the Journal News can more easily meet the filing deadline requirements for the village to publish official notices; and WHEREAS, the Village Clerk is encouraged to publish notices in multiple newspapers covering the village. Now therefore be it RESOLVED, that the Journal News is hereby designated as the official Newspaper of the Village of Rye Brook for the ensuing official year. Board of Trustees Meeting April 10, 2007 Page 21 RESOLUTION FRIENDS OF RYE BROOK, INC. RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the Rules of Procedure of the Board of Trustees as amended on April 12, 2005 are hereby re-adopted and promulgated for the Village official year, commencing the first Monday of April 2007. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for item #7 on the agenda: 7) CONSIDERING ENTERING INTO AN AGREEMENT WITH BARCHELLA CONTRACTING CO., INC. TO PERMIT COMPOST PRODUCTION FACILITY ON VILLAGE PROPERTY ON LINCOLN AVENUE Mr. Bradbury read the following resolution: Board of Trustees Meeting April 10, 2007 Page 22 RESOLUTION ENTERING INTO AN AGREEMENT WITH BARCHELLA CONTRACTING CO., INC. TO PERMIT COMPOST PRODUCTION FACILITY ON VILLAGE PROPERTY ON LINCOLN AVENUE WHEREAS, the Village disposes of all leaves and grass clippings from the Municipal operations of the Village and the source separated green waste delivered by its contracted garbage collection firm on Village property located on Lincoln Avenue adjacent to the Westchester County Airport; and WHEREAS, Barchella Contracting Co., Inc. desires to operate at no cost or expense to the Village a compost production facility; NOW, THEREFORE, BE IT RESOLVED that the Village shall enter into an Agreement with Barchella Contracting Co., Inc., 27 Eldredge Street, Port Chester, New York 10573, upon terms to be negotiated by the Village Attorney to grant Barchella Contracting Co., Inc. a license to operate at no cost or expense to the Village a compost production facility at the existing Village compost site on Lincoln Avenue adjacent to the Westchester County Airport; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury noted that this resolution will meet the Village's needs regarding green waste disposal. Board of Trustees Meeting April 10, 2007 Page 23 ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the flagpole/cell tower on Village property has been completed, and a very large flag will be installed. Service will be coming in July or August. Mr. Bradbury invited everyone to the little league's opening season parade which has been scheduled for Saturday, April 14th at 12:30 p.m. at the Ridge Street School. Mr. Bradbury also noted that the bathrooms have been installed at the ballfields and the water has been turned on. Mayor Rand noted that there was no Old Business or New Business on the agenda for discussion. He called for members of the public wishing to address the Board. There being no one, the meeting was adjourned at 9:50 p.m. Board of Trustees Meeting April 10, 2007 Page 24