HomeMy WebLinkAbout2002-04-23 - Board of Trustees Meeting Minutes APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
REGULAR/SPECIAL MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY,APRIL 23, 2002-7:30 P.M.
7:00 p.m.-Executive Session-Litigation
ROLL CALL:
PLEDGE OF ALLEGIANCE:
PUBLIC HEARINGS:
1) Considering the 2002-2003 Proposed Tentative Budget.
2) Hoffinan subdivision
3) Considering a Local Law to add a new chapter to the code of the Village of Rye Brook
to address water supply emergencies.
RESOLUTIONS:
1) Considering the Appointment of Patricia Conlon to the position of Bookkeeper.
2) Adjourning the Public Hearing for the consideration of the Hoffinan 2-Lot
subdivision, Section 1, Block 10, Lot IA.
3) Approving the Rosen 3-Lot Subdivision for 48 Lincoln Avenue.
4) Adopting Village of Rye Brook 2002-2003 Budget.
5) Adopting a local law to add Chapter 243 to the Village Code to address Water
Supply Emergencies.
6)Adopting a local law to amend Chapter A258 of the Village of Rye Brook Code to
codify the Advisory Council on Parks and Recreation.
7)Entering into an inter-municipal agreement with the County of Westchester regarding
police academy instructors.
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
8) Considering the Re-appointment of Susan Brown to the Emergency Medical
Service Committee.
9) Approving Meeting Minutes:
June 26, 2001
November 29, 2001
December 19, 2001
January 8, 2002
10) Schedule of Bills Payable
11) Authorizing Execution of Consent Judgment for Bellefair Certiorari on
Meeting House.
ADMINISTRATOR'S REPORT:
OLD BUSINESS:
NEW BUSINESS:
ACTION ON NON-AGENDA MATTERS, SUBJECT TO THE CONSENT OF
THE TRUSTEES PRESENT AT THE MEETING:
NEXT TRUSTEES MEETING
MAY 14, 2002 and MAY 28, 2002
Village Hall is fully accessible to the handicapped.
Those who need special arrangements should contact the Village Administrator's Office
ONE WEEK IN ADVANCE OF A MEETING at (914) 939-1121
PRESENT:
FRANCIS L. FILIPOWSKI,Mayor
JODY H. BRACKMAN
DONALD L. DEGLING
DEAN P. SANTON
CAROL GOODMAN
Trustees
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
STAFF: Christopher J. Bradbury—Village Administrator
Connie DiSalvo—Assistant to the Village Administrator
Edward J. Beane-Village Attorney
Robert J. Santoro—Chief of Police
Victor G. Carosi, P.E.,Village Engineer
David Kvinge -Village Consultant
William Gerety,Building Inspector
Robert Bertolacci—Recreation Superintendent
Gina Tarascio—Meeting Secretary
1. Pledge of Allegiance
Mayor Filipowski called the meeting to order and invited everyone to join in the
Pledge of Allegiance.
2. Roll Call
Mayor Filipowski asked the Assistant to the Administrator to call the roll; a quorum
was present to conduct official village business. Mayor Filipowski stated that one item on
the agenda will be taken out of order and that we will be starting with Resolution number 1.
RESOLUTION:
1) Considering the Appointment of Patricia Conlon to the position of Bookkeeper.
Mr. Bradbury provided background information on Ms. Conlon. Ms. Conlon was
then welcomed to the village by the board.
On a motion made by Trustee Degling and seconded by Trustee Brackman the
following resolution was adopted:
RESOLVED, that Patricia Conlon, of 28-1 Foxwood Drive, Pleasantville,New
York,is hereby appointed to the position of Bookkeeper 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 for the position is $40,000 with an
effective start date of April 29, 2002 and a probationary period of 26 (twenty-six) weeks.
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
PUBLIC HEARINGS:
1) Considering the 2002-2003 Proposed Tentative Budget.
Mayor Filipowski asked if anyone from the public had any questions or comments.
Trustee Santon raised some concern regarding the last fiscal year-end to the present,the
current projected balance of this fiscal year end and the change in our general fund surplus,
decreasing from $4.5 million to $3.1 million. Trustee Santon is concerned about spending
and paying for things on our wish list and believes that the village has not budgeted enough
for highway improvements. Trustee Santon also stated his concern about the storm
drainage system and the fact that is has been about 6 years since they have been cleaned.
Trustee Santon stated that the board has not addressed how they are going to deal with the
capital improvement plan and questions if this budget is realistic.
Mr. Bradbury stated that we have an aggressive capital campaign for our size village
and shares Trustee Santon's concerns about revenue flattening and that this is something we
will have to keep evaluating. Trustee Brackman stated that as a board we need to have
balance. This budget tries to cover everything and she feels very comfortable with the
proposed budget and we are as aggressive as we can be. Mayor Filipowski asked for a
motion to close the public hearing which was made by Trustee Degling and seconded by
Trustee Brackman.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
2) Consideration of the Hoffman 2-Lot subdivision, Section 1, Block 10, Lot 1A.
Mr. Bradbury stated that this item is being adjourned until the applicant provides us
the proper information. Once the applicant provides the information, a date will be
determined and public notices will be republished.
Mayor Filipowski asked Mr. Beane how long can this stay open. Mr. Beane stated
that it is up to the applicant on how long this stays open. The applicant needs to address the
underlying issues. We can go back to the applicant and give the applicant a timeframe by
which all of the additional items have to be supplied and if they are not supplied we can then
schedule a public hearing and deem the application abandoned.
Trustee Brackman expressed leaving it open pending receipt of the required
materials. Trustee Degling expressed giving the applicant a certain time limit to receive the
materials and if they are not received, deem the application abandoned. Mayor Filipowski
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
agreed with Trustee Degling. Mayor Filipowski requested to continue the public hearing and
asked if there is a request to adjourn. Mayor Filipowski asked if there was anyone who
wanted to speak. Trustee Santon called a point of order and stated that we should be dealing
with the public hearing before we deal with the resolution.
Trustee Santon requested an update from our staff regarding activity over the last
several months. Mr. Bradbury stated there has been dialogue and meetings between our
engineer and the engineer of the applicant. Mayor Filipowski requested a motion to adjourn
this public hearing to July 23Td. On a motion made by Trustee Brackman and seconded by
Trustee Degling the Public Hearing was adjourned to July 23rd
3) Considering a Local Law to add a new chapter to the code of the Village of Rye
Brook to address water supply emergencies.
Mr. Bradbury explained that this law allows the village to enforce water restrictions
in the event of water emergencies. We are currently in Phase 1 of the drought plan and we
are communicating to the village through cable regarding water restrictions. Mr. Bradbury
then reviewed some of the water restrictions.
Ms. Dolores Silor of 132 Doral Greens, resident of Rye Brook addressed the board
and stated that she spoke to the board about the problems with the water delivery and
pressure in the community. She is in favor of conserving, however she is concerned about
this ordinance because of the lack of liability on part of the water company pertaining to
leakage. She was informed that there is no jurisdiction that this village has over the operation
of the water company.
Martin Rogowsky addressed the board and stated his concern about the water
company and the leakage that occurs and that the water company needs to fix the pipes to
prevent this amount of leakage. He urged the board to join with other municipalities and go
to the public service commission and get water regulated.
Mr. Heller, 22 Lincoln Avenue, Rye Brook resident addressed the board and stated
that other people have other sources of water and the village needs to make sure that they
are not given citations.
Mr. Bradbury stated that they need to get the word out about water conservation.
Mayor Filipowski asked for a motion to close the public hearing. On a motion made by
Trustee Degling and seconded by Trustee Brackman the public hearing was closed.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
RESOLUTIONS:
2) Adjourning the Public Hearing for the consideration of the Hoffman 2-Lot
subdivision, Section 1, Block 10, Lot 1A.
Mr. Bradbury stated that there isn't a need to take action on this. He asked the board
to consider and modify the resolution to make sure that we re-notice everyone accordingly.
Mr. Beane stated that they are going to re-write this resolution and make it simpler
and include all notifications. Mr. Beane reviewed modifications and revisions and the board
discussed changes and possible scenarios. Mayor Filipowski stated that this resolution is as
amended and adjourned to July 23 d,with the applicant being given until June 23Td for turning
everything in.
On a motion made by Trustee Brackman and seconded by Trustee Degling the
following resolution was adopted:
WHEREAS, Peter Hoffman has made an application to the Village of Rye Brook
requesting preliminary subdivision approval to re-subdivide the existing 47,517 square foot
parcel of land into two building lots of 20,000 square feet (Lot 4a-1) and 27,517 square feet
(Lot 4a-2); and
WHEREAS, a public hearing concerning the subject application was first scheduled
for November 27, 2001 at 7:30 p.m. at the Village Hall located at 938 King Street, Rye
Brook,New York; and
WHEREAS, during the course of the public hearing on the subject application, the
Village of Rye Brook requested that the applicant supply additional information related to
drainage to its Village Engineer and outside consultants; and
WHEREAS, the Village has adjourned the public hearing several times to permit
the applicant additional time to provide the requested information and as of April 23, 2002
the additional information has not been supplied to the satisfaction of the Village Engineer
and outside consultants.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board
of Trustees adjourns the public hearing on the subject application to July 23, 2002; and
BE IT FURTHER RESOLVED, that if the applicant does not provide the
requested additional information to the satisfaction of the Village Engineer and outside
consultants on or before June 23, 2002, the Village will deem the application to be
abandoned; and
BE IT FURTHER RESOLVED, that the Clerk shall publish a notice of public
hearing and the applicant shall notify owners of all property within a radius of 500 feet of the
property line of the subject parcel of the application and of the proposed hearing by certified
mail, return receipt requested. The notice must be mailed between ten and fifteen days prior
to July 23, 2002, the date of public hearing. Proof of service along with the certified mail
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
receipts and return receipts received as of that date must be presented to the Building
Department of the Village of Rye Brook by July 19, 2002, the Friday preceding the meeting
of the Board of Trustees at which the public hearing on the subject application will be
continued.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
3) Approving the Rosen 3-Lot Subdivision for 48 Lincoln Avenue.
Mr. Beane summarized the resolution to the board and the board stated their
concerns about this subdivision. This item has been adjourned to May 14`'', with the Village
Board conducting a work session on May 7, 2002 at 7:30 p.m.
On a motion made by Trustee Degling and seconded by Trustee Brackman the
following resolution was adopted:
WHEREAS, Mr. Chris Scelfo has made an application to the Village of Rye Brook
requesting Preliminary Subdivision Approval to re-subdivide the existing ± 4.126 acre parcel
of land into three (3) building Parcels, ± 25,235 square feet (Parcel A), ± 23,840 square feet
(Parcel B) and ± 131,406 square feet (Parcel C) in size,with the existing residence located on
Parcel C within the Town of Harrison;and
WHEREAS, a duly noticed public hearing was held on April 9, 2002, at which time
all those wishing to be heard were given the opportunity to be heard, and the hearing was
closed on that date;and
WHEREAS, the application was scheduled for consideration by the Village Board
of Trustees' at its April 23, 2002 meeting; and
WHEREAS, the Village Board, with the consent of the applicant, decided to defer
consideration of the application until its May 14, 2002 meeting to permit further review of
the application.
NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees'
consideration of the Rosen three (3) lot subdivision application be adjourned until the
Board's May 14, 2002 meeting; and
BE IT FURTHER RESOLVED, that the Village Attorney, Engineer,
Administrator and its outside consultants meet with representatives of the applicant,
including his counsel and outside consultants, to review and discuss certain technical issues
relating to application;and
BE IT FURTHER RESOLVED, that the Village Board conduct a work session
on May 7, 2002 at 7:30 p.m. at Village Hall to which members of the Rye Brook Planning
Board and Environmental Council are invited to attend and participate, and to which
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
members of the public are also invited, and the Clerk shall publish a Notice of the work
session and extend a written invitation to each member of the Planning Board and
Environmental Council.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
4) Adopting Village of Rye Brook 2002-2003 Budget.
Trustee Santon expressed his concern regarding the infrastructure topic. He stated
that if we are going to budget money for sidewalk replacement,we should have a policy that
is consistent. Trustee Santon also had some questions regarding sidewalk improvements and
roadway resurfacing such as which streets will be designated and what projects are
earmarked for this money. Trustee Santon stated that he believes that this budget is
unrealistic and that this board hasn't addressed some issues regarding infrastructure. Mr.
Bradbury stated that the sidewalks are done on a need by need basis.
On a motion made by Trustee Brackman and seconded by Trustee Degling the
following resolution was adopted:
WHEREAS, the Village Administrator filed the Tentative Budget on March 20,
2002; and
WHEREAS, the Board of Trustees has held three Budget Work Sessions on April
3, 2002,April 4, 2002, and April 9, 2002; and
WHEREAS, the Board of Trustees held a public hearing on April 9, 2002 pursuant
to the Notice of Public Hearing regarding the Tentative Budget, and such public hearing was
continued on April 23, allowing all interested persons to be heard.
WHEREAS, the final assessment roll filed on April 1, 2002 resulted in a decrease in
assessed value from $54,821,000 to $54,796,000,which would result in a tax rate of$156.54
per $1,000 of assessed valuation representing a 6.01% tax rate increase; and
WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the
property taxes necessary to raise the required $8,577,937 tax levy based upon the most
updated Assessment Roll provided by the Assessor;and
NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees have made
the following amendments to the Tentative Budget and are hereby adopted:
• Police account#101.3120.2 is increased from$6,000 to $15,000 for additional
equipment.
• Youth services account#101.7320.469 is reduced from $4,000 to $0.
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
• The capital projects fund and associated fund balance transfer for this purpose is
reduced by a total of$5,000 reflecting the deletion of a staff vehicle ($21,000) and a
public works vehicle ($24,000 to be funded from the sewer maintenance account),
and the addition of a parks dump truck ($40,000).
• Burglar and alarm permit revenues will increase by$5,000 based on the following fee
increases for BURGLAR ALARMS: 1"Alarm remains at$0, 2nd alarm increased
from$20 to $25, 3rd and 4d'alarms increased from $35 to $50, additional alarms
increased from$70 to $100; and for FIRE ALARMS: 1ST alarm remains at$0, 2nd
alarm increased from$40 to $50, 3rd and 4d'alarms increased from$70 to $75, and
additional alarms increased from $125 to $150.
• That the street permit fee for utilities only shall be eliminated and the utility
companies shall pay the street opening fee which is increased from$100 to $200 or
$2.50 per linear foot of trench,whichever is greater.
FURTHER RESOLVED, that the Tentative Budget as hereinafter set forth and
amended by the Board of Trustees,is hereby adopted as the Annual Budget for the Village
of Rye Brook for the fiscal year beginning June 1, 2002; and be it
FURTHER RESOLVED, that the amounts listed therein for payment of principal and
interest on indebtedness, and that maintenance account charges be paid, and that the
salaries,wages, benefits and other terms and conditions of employment for all employees,
including those not represented by a bargaining unit, shall be paid such salaries and benefits
as have been determined by the Board of Trustees; and be it
FURTHER RESOLVED, that the Village Board does hereby levy the sum of
$8,577,937 for village real property taxes,which based upon the April 1, 2002 assessment
roll of$54,796,000,would result in a tax rate of$156.54 per thousand of assessed valuation.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Nay
Mayor Filipowski Voting Aye
5) Adopting a local law to add Chapter 243 to the Village Code to address Water
Supply Emergencies.
Trustee Degling had a question regarding the resolution which was corrected by Mr.
Beane. Trustee Goodman asked if the board was going to address the leakage problem from
the Water Company. Mayor Filipowski stated that this is a separate issue that we can address.
Mayor Filipowski asked Mr. Bradbury to send a letter to the water company to follow-up on
this issue.
On a motion made by Trustee Brackman and seconded by Trustee Degling the
following resolution was adopted:
WHEREAS, a local law was introduced to add Chapter 243 to the Code of the
Village of Rye Brook to address water supply emergencies; and
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
WHEREAS, the adoption of the proposed local law is an unlisted action pursuant
to Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617; and
WHEREAS, a duly noticed public hearing was held on April 23, 2002 at which time
all those wishing to be heard were given the opportunity to be heard and the hearing was
closed on that date.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook hereby declares itself lead agency for the review of the proposed local
law; and
BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of
Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6
NYCRR Part 617, and upon review of the EAF that was prepared for this local law, hereby
adopts a Negative Declaration since the local law will not have a significant adverse effect
upon the environment; and
BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees
hereby adopts Chapter 243 of the Code of the Village of Rye Brook to address water supply
emergencies,which chapter is enacted into law as Local Law# 3-2002.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
6) Adopting a local law to amend Chapter A258 of the Village of Rye Brook Code to
codify the Advisory Council on Parks and Recreation.
Trustee Santon asked if we have to re-appoint members on that council because now
we have a different schedule of terms. He also received a letter from a resident expressing
interest in the council. Mayor Filipowski stated that during the month of May they will deal
with vacancies and that two members will be reappointed whose terms are up.
On a motion made by Trustee Degling and seconded by Trustee Brackman the
following resolution was adopted:
WHEREAS, a local law was introduced to amend Chapter A258 of the Code of the
Village of Rye Brook to reconstitute the Recreation and Parks Commission as the Advisory
Council on Parks and Recreation; and
WHEREAS, a public hearing on this proposed local law was held at a meeting of
the Board of Trustees of the Village of Rye Brook on April 9, 2002.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook hereby adopts the proposed local law amending Chapter A258 of the
Code of the Village of Rye Brook to reconstitute the Recreation and Parks Commission as
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
the Advisory Council on Parks and Recreation, which local law is enacted into law as Local
Law# 4-2002.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
7) Entering into an inter-municipal agreement with the County of Westchester
regarding police academy instructors.
Trustee Degling asked if this was a requirement by Westchester County. Chief
Robert Santoro addressed the board and stated that there is no requirement and that it is up
to his discretion if they want to participate. He informed the board that they have been
doing as much as they can.
On a motion made by Trustee Brackman and seconded by Trustee Degling the
following resolution was adopted:
WHEREAS, from time to time certain Rye Brook Police Officers serve as
instructors at the Westchester County Police Academy; and
WHEREAS, Westchester County has offered to enter into an agreement with the
Village of Rye Brook concerning Rye Brook Police Officers serving as Police Academy
Instructors, which agreement, among other things, obligates Westchester County to defend
and indemnify the Village of Rye Brook for claims arising from the teaching duties of any
Rye Brook Police Officer serving as an instructor at the Westchester County Police
Academy.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook authorizes the Village of Rye Brook to enter into an inter-municipal
agreement with the County of Westchester concerning Rye Brook Police Officers serving as
Police Academy Instructors upon terms to be negotiated by the Village Attorney;and
BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and
deliver all necessary documents to accomplish the purpose of this resolution.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
8) Considering the Re-appointment of Susan Brown to the Emergency Medical
Services Committee.
Trustee Degling suggested that we should modify the resolution to include the re-
appointment, subject to the approval of Port Chester. He noticed that Rye has approved,
however Port Chester hasn't.
On a motion made by Trustee Brackman and seconded by Trustee Degling the
following resolution was adopted:
RESOLVED, that Susan Brown, of 61 Old Post Road, Rye,New York 10580
is hereby re-appointed to the Emergency Medical Services Committee of Port Chester,Rye,
and Rye Brook for a period of three years beginning 6/30/02-6/30/05, subject to the
approval of Port Chester.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
9) Approving Meeting Minutes:
June 26, 2001
November 29, 2001
December 19, 2001
January 8, 2002
Trustee Degling had some corrections to the minutes. Trustee Goodman was not on
the board at this time and will abstain from voting.
On a motion made by Trustee Brackman,and seconded by Trustee Degling
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Abstained
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
10) Schedule of Bills Payable
Trustee Santon had some questions on some of the invoices and how some expenses
were incurred. Mr. Bradbury explained these invoices and how these charges were acquired.
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
On a motion made by Trustee Degling, and seconded by Trustee Brackman the
following resolution was adopted:
WHEREAS, the enclosed Schedule of Bills Payable representing payment for
services rendered, have been submitted to the Treasurer's Office for payment and review,
and have been certified by the Village Administrator.
NOW, THEREFORE, BE IT
RESOLVED, that this Board hereby approves payment of the enclosed claims and
authorizes payment thereof.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Goodman Voting Aye
Trustee Santon Voting Aye
Mayor Filipowski Voting Aye
11) Authorizing Execution of Consent Judgment for Bellefair Certiorari on Meeting
House.
Trustee Santon requested a brief overview on this issue. Mr. Beane summarized
where this issue is at and explained that this is a stand-alone agreement on a specific tax
certiorari matter involving just the meetinghouse. Trustee Goodman stated that she does not
believe she should vote on this. Trustee Santon stated that in his discussions with the Village
Tax Assessor, he believes we should resolve this matter along with the other two Bellefair-
certiorari items that have been filed. He said that the board should review all three at the
same time and not take one out of context with the other two. Mayor Filipowski stated that
this matter was discussed at the executive session on why we are viewing this particular item.
On a motion made by Trustee Brackman and seconded by Trustee Degling the
following resolution was adopted:
WHEREAS, the BelleFair Home Owners Association,Inc. has commenced a
certiorari proceeding for 2002 against the Village of Rye Brook, and
WHEREAS, special tax certiorari counsel has recommended settlement of the
certiorari proceeding in part by reducing the assessment on the meetinghouse facility in
consideration of documentation provided to counsel.
NOW THEREFORE BE IT RESOLVED, that Mark S. Tulis, Special Tax
Certiorari Counsel for the Village of Rye Brook,is hereby authorized to execute the consent
judgment, subject to final terms to be approved by special counsel, reducing solely the
assessment of the meeting house facility.
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
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APPROVED MINUTES
Board of Trustees Regular Meeting
April 23, 2002 at 7:30 p.m.
Trustee Goodman No Vote
Trustee Santon Voting Nay
Mayor Fihpowski Voting Aye
At this time,Mayor Filipowski announced that John Munnick is on our zoning board
and tree committee has resigned due to health reasons. Mayor Filipowski stated that he is
appointing Mr.Joseph Pellino to fill Mr. Munnick's position.
ADMINISTRATOR'S REPORT:
Mr. Bradbury updated the board on activities and projects within the village.
At this time,Mayor Filipowski asked if anyone from the public would like to address
the board.
Mr.John Zemas, 197 Arbors,Rye Brook resident addressed the board and stated his
concern about a neighbor who is a heavy smoker and how the secondhand smoke is coming
into his unit from the air ducts. He wanted to know if the board can do anything to help.
Mr. Beane stated that there is nothing the village can do and the village has no authority to
get involved. The board suggested going to the homeowner's association.
Trustee Santon would like a status report of the salt shed, survey of Rich Manor
Park, the Red Roof Farm encroachment issue and the wetland mitigation plan.
Mr. Ben Miloro,Hillcrest Avenue,Rye Brook resident addressed the board and
thanked the board for placing the announcements on more frequently and making them
more legible. Mr. Miloro suggested to the board that in the next newsletter,they put a
schematic of all the ballparks. Mr. Miloro also had a question regarding the Grant Street
Housing and how long they are guaranteed for.
Trustee Brackman asked for an update on the Grant Street Housing for the next
board meeting.
Announcements
Mayor Filipowski announced the following:
Next workshop is May 7`''regarding the Rosen Subdivision
Next Board of Trustees Meeting:
MAY 14, 2002
MAY 28, 2002
Adjournment
Meeting adjourned at 10:23 p.m.
Respectfully Submitted,
Christopher J. Bradbury
Village Clerk
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