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HomeMy WebLinkAbout2002-05-14 - Board of Trustees Meeting Minutes APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. PRESENT: FRANCIS L. FILIPOWSKI,Mayor JODY H. BRACKMAN DONALD E. DEGLING DEAN P. SANTON CAROL M. GOODMAN Trustees STAFF: Edward J. Beane—Village Attorney Christopher J. Bradbury—Village Administrator Connie Di Salvo—Assistant to the Village Administrator Chief 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 announced that they are taking one item out of order, Resolution #16. RESOLUTIONS 1.Authorizing Special Tax Counsel to Approve PILOT Documents For the BelleFair Senior Living Facility Trustee Santon requested that he would like the School District and Board of Trustees to review the final document. Trustee Santon would also like the Board of Trustees to retain control over this transaction until they see the final document. Trustee Santon requested a special meeting to see the final document and would like the school board to have enough time to review it. Trustee Goodman stated that there is no reason to look at this again and believes that the board doesn't need to meet again because we are aware of what the terms are and what the resolution is. Mayor Filipowski stated that Special Counsel knows what has to be done and it is very important for the village and school district to square this away. 1 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. Trustee Santon stated that the Board has an obligation to the public to reveal the terms and vote on a resolution in a public session. Trustee Santon believes special counsel should continue to negotiate and come back to the board for a resolution at a public session. Mr. Beane was asked to comment. Mr. Beane stated that the terms are acceptable and efficient and that the Mayor will review and sign. On a motion made by Trustee Degling, and seconded by Trustee Brackman the following resolution was adopted: WHEREAS, the village, the school district, and the representatives of FC BelleFair LLC Senior Living facility have negotiated fair and reasonable PILOT documents establishing a rate of assessment for the next twelve (12) years and guaranteeing payments to the village equal to its mortgage tax proceeds. NOW THEREFORE BE IT RESOLVED, that the Village Board of Trustees does hereby authorize the Mayor, as reviewed by Special Tax Counsel Mark S. Tulis, to approve the amended PILOT Agreement,amended PILOT mortgage, and related legal documents in regard to the BefleFair Senior Living Facility, subject to approval of the Blind Brook-Rye Union Free School District. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Nay Mayor Filipowski Voting Aye 2. Rosen 3-Lot Subdivision for 48 Lincoln Avenue Mr. Beane summarized the resolution regarding the Rosen 3-Lot Subdivision and stated that this resolution approves the subdivision along with a number of specific conditions. Corrections were made to the square footage of Parcel C. Mr. Beane stated that any minor corrections would be made. Mayor Filipowski stated that he would like the language clearer pertaining to the regrading and the plat. Mayor Filipowski also had a couple of questions regarding the language in specific areas. Mr. Beane explained and stated that everything is in conformance with the code and that we can take certain language or modify if necessary. Mr. Kvinge also explained the language about regrading and highlighted specific conditions. Trustee Degling also made some additional comments regarding the language. Minor changes were made to the resolution. Trustee Brackman stated her concern about the Tree Preservation Plan and that the applicant adheres to it. Mr. Beane stated that specific language in the resolution reflects this concern. Trustee Santon raised a couple of questions regarding the size of the parcels and requested clarification. Trustee Santon also had concerns with the environmental conservation and with reference to the tree preservation. Trustee Santon commented that this draft is a good step but the board is not ready to vote and believes the planning board's 2 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. recommendations along with their vote should be added to this resolution. Trustee Santon requested to see a revised plat and believes many items need closure. Trustee Santon also had concerns regarding some of the language and believes we should come back to the board for final plat approval. Trustee Santon questioned why we are going forward and considering a positive recommendation with all these concerns pending. Trustee Santon also stated that since the Planning Board had negative recommendations on this matter,we will need to explain why we are going to ignore the Planning Board's recommendations. Trustee Goodman agreed to have a workshop regarding this matter and stated that we need to review the minutes and make sure everything is included that was discussed. Mr. Beane stated that he is adjusting the language in the resolution regarding the Certificate of Occupancy. Mr. Gerety addressed the board and stated that the Certificate of Occupancy has a section,which states conditions. The resolution can be referenced but can't be attached to the certificate of occupancy. Mr. Beane will change the language to reflect this and stated that this language is in there to protect us. Mayor Filipowski stated that this is an impervious surface matter Trustee Santon asked if we are prohibiting swimming pools and that we did not receive closure regarding these topics. Trustee Santon stated that two of the Planning Board members who attended the workshop, stated they would like to see one house considered. Trustee Santon commented that it is premature to vote on this tonight. Mr. Warren S. Agatston who represents the applicant—Chris Scelfo,addressed the board and thanked the board and everyone who worked diligently on this matter. Mr. Agatston stated that the language in Paragraph 17 is too restrictive. Mr. Agatston also had other items to discuss—Paragraph 7 needs clarification and asked if the two funds already paid are part of the escrow account. Mr. Bradbury stated that they did receive a check for $3,500 in addition to the $3,000 and that the account is now depleted and these funds would be in addition to the $20,000. Ms. Linda Whitehead who represents the Rosen's also addressed the board and thanked the board for their hard work and efforts in this matter. Ms. Whitehead stated that the deed restrictions cover some of these issues and stated that she was not advised about the planning board meeting on this matter last week. She also had a comment on some of the language and was concerned about the language with regard to vegetation. Mr. Beane stated that he will adjust the language. Mr. Ken Heller, 22 Lincoln Avenue,Rye Brook resident,addressed the board and stated that the tree committee has been facing a situation. Mr. Heller stated that these trees would come down because there are no penalties and that the vegetation state is useless. There are no penalties, ordinance or control unless you get a 15-foot easement. 3 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. Trustee Santon questioned where the footprint of the building will be and stated that he has not seen the footprint and that it would be helpful to have a visual to make a judgment on this number. Trustee Brackman noted that she would like to see Parcel A. Mr. Warren S. Agatston illustrated to the board where Parcel A is. Trustee Degling asked that when houses are being designed will they go before the Architectural Review Board and if they have something larger, doesn't this have to go before the Board for approval. Mr. Beane stated that the plat has building envelopes and asked if we change the building envelope to move it 20 feet closer to provide more room. Mr. Beane stated that they would not have to come back to the board for approval. Mayor Filipowski asked for any more comments from the public. Mr. Chris Scelfo addressed the board and stated that 85 feet is right to the rear of the house and he is asking to reduce this to 65 feet and discussed having a 20 foot leeway. Mr. Warren S. Agatston addressed the board and stated that this is a crucial point, which was discussed at the workshop. If this is not changed and the building has to be moved slightly,we would have to get an ordinance. This would be a serious problem on this house with additional footage. Mr. David Kvinge stated that it is very important to understand that the rear building does not allow the applicant to build a deck in the back of the house and that 20 feet is not unreasonable and does not change the size of the house and allows the freedom to build a deck. Trustee Brackman asked if they are keeping the impervious surface away from the Blind Brook. Mr. Kvinge stated that it will be away from the flood plain. Mr. Kvinge stated that moving it to 65 feet will not change the significant location of the house. After discussions with the board,Mr. Beane made the appropriate adjustments and the amendments were read to the board. Trustee Santon stated that this document is not ready for a vote and that it is missing much detail such as landscaping plans and tree preservation details. On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolution was adopted: 4 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. WHEREAS, Chris Scelfo, on behalf of 48 Lincoln Avenue Associates, has made an application to the Village of Rye Brook requesting Preliminary and Final Subdivision Approval, to subdivide that portion of the existing ±4.126-acre parcel of land located in the Village of Rye Brook into the following three (3) Parcels: Parcel A +25,235 square feet, Parcel B ±23,840 square feet, and Parcel C ±150,790 square feet, of which ± 131,406 square feet is located within the Town/Village of Harrison and ± 19,384 square feet of which is located within the Village of Rye Brook. The existing residence is located on that portion of Parcel C within the Town/Village of Harrison; and WHEREAS, the subject property is located on the west side of Lincoln Avenue approximately 120 feet south of the intersection formed by Lincoln Avenue and Westerleigh Road, within the R-12 Residential Zoning District, and is shown on the Tax Map as Section 1,Block 12, Parcel 1A5-2; and WHEREAS, the Village Board of Trustees has reviewed the information submiitted by the Applicant in support of the application, including a Full Environmental Assessment Form (EAF), and the following plans: 1. Sheet 1 of 3, "Preliminary Subdivision Plat and Site Improvement Plan," dated 8/17/01, last revised 3/04/02, prepared by Federico Associates,White Plains,New York; 2. Sheet 2 of 3, "Grading, Sediment and Erosion Control Plan," dated 8/17/01, last revised 3/04/02, prepared by Federico Associates, White Plains,New York; 3. Sheet 3 of 3, "Tree Protection and Landscape Plan," dated 8/17/01, last revised 3/04/02, prepared by Federico Associates, White Plains, New York; 4. Sheet SE, "Streetscape and Parcel Section Plan," dated 8/17/01, last revised 3/04/02, prepared by Federico Associates,White Plains, New York; and 5. Drywell calculations prepared by Anthony S. Pisarri, PE, Cortlandt Manor,New York; WHEREAS, the application was referred to the Village Planning Board by the Village Board of Trustees on June 26, 2001; and WHEREAS, the Village's Planning Consultant submitted comments and recommendations to the Village Planning Board by memoranda dated July 3 and October 5, 2001 and January 3, 2002; and WHEREAS, the Rye Brook Advisory Council on Environmental Conservation has visited the site and made comments by letters dated August 14, 2001, October 19, 2001 and April 5, 2002; and WHEREAS, the Village Planning Board, during the review of the application, considered the following particular issues and concerns in addition to the general considerations as described in the Rye Brook Code: 5 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. • The potential impacts to floodplain and wetlands. The Applicant has revised the plans to include a vegetated buffer strip along the Blind Brook. • Drainage issues, particularly with respect to drainage improvements contemplated by the Village to address off-site drainage problems. • The preservation of existing trees on the site, and particularly large specimen trees. The Tree Preservation Plan was prepared by the Applicant in response to these concerns. • The preservation of the existing character of the streetscape in this area of Lincoln Avenue. The Applicant has agreed to retain and enhance the existing vegetation along the property frontage. • Potential impacts,particularly traffic, of any future development of Parcel C, the majority of which is located within the Town of Harrison. The Applicant stated that the subdivision of Parcel C is not contemplated by the property owners and pursuant to the provisions of subparagraphs 3(h) and 3(1) and paragraph 15 of this Resolution, no further development of Parcel C shall occur; and WHEREAS, the Village Planning Board discussed the application at open meetings on July 12, October 11, and December 13, 2001 and January 10, and February 14, 2002, March 14, 2002 and April 4, 2002, at which time members of the public were given the opportunity to be heard; and WHEREAS, on February 14, 2002, the Village Planning Board adopted a Resolution advising against subdivision approval based upon, among other concerns, that the site is located in the 100 year flood plain, there would be negative impacts to the community including removal of the stone wall along the front property line, loss of mature vegetation,number of curb cuts and drainage concerns and development not in keeping with the character of the area; and WHEREAS, on March 4, 2002, the Applicant submitted revised plans that: 1. Relocated and reconfigured the proposed residences, intending to minimize impacts on the flood plain. 2. Preserved and extended the existing stonewall. 3. Revised the plan to show a common driveway for Parcels A and B. 4. Reduced the number of mature trees to be removed to ensure that no mature trees would have been removed along the Lincoln Avenue frontage; and WHEREAS, the Village Planning Board discussed the application at a special meeting on April 4, 2002 and four (4) members were present, constituting a quorum, but did not adopt a Resolution; 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 6 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of the Project, and has been satisfied that the Project will comply with the standards and requirements of the Village of Rye Brook Code; and WHEREAS, the Village Board of Trustees determined that the proposed action is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, for which the Village of Rye Brook Board of Trustees is the Lead Agency and the only Involved Agency for the environmental review with respect to the approval of said subdivision; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein;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 and all other application materials prepared for this action, hereby adopts a Negative Declaration since the Project will result in only minor physical changes to the site, visual impacts will be minimal, and any disturbance associated with the Project will be controlled through the proper implementation and maintenance of erosion and sediment controls. NOW, THEREFORE, BE IT FURTHER RESOLVED, as follows: 1. The Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Board hereby finds that the final plat will not be substantively changed from the preliminary plat and hereby determines that a public hearing on the final plat is not required. 3. The Board hereby grants to the Applicant both Preliminary and Final Subdivision Plat Approval for a 3-Parcel Subdivision as herein defined, and the Mayor is authorized to sign the final subdivision plat, subject to the following conditions and modifications, each of which must be satisfied prior to the signing of the final plat by the Mayor,unless otherwise specifically noted: a. The Applicant shall prepare a final subdivision plat in accordance with Section 219-40 of the Village of Rye Brook Subdivision Regulations and pursuant to this Resolution. Upon obtaining a satisfactory review by the Village Engineer, the final subdivision plat shall be submitted for review and signature by the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the final plat by the Mayor. b. The Applicant shall submit a statement signed by the Town of Rye Receiver of Taxes that all taxes due on the Property have been paid. C. The Applicant shall install a vegetated buffer in the front yard on Parcels A and B to the satisfaction of the Village Engineer and Planning Consultant from a location +fifteen (15') feet in depth, measured from the inside edge of the stone wall adjacent to Lincoln Avenue. The applicant shall submit prior to the signing of the final 7 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. subdivision plat by the Mayor, a declaration of covenants and restrictions, in favor of the Village intended to protect and maintain the vegetated buffer area described above for review and approval by the Board of Trustees, subject to the approval of the Village Attorney. d. The proposed residences be designed and located so as to be in keeping with the general character of the immediate area. e. The Applicant shall preserve as many of the mature trees as practical and as shown on the Tree Preservation Plan using acceptable tree preservation techniques, which detailed measures shall be reviewed and approved by the Village Engineer and inspected by Village staff. f. No clearing or grading shall take place beyond the Clearing and Grading Limit Lines as depicted on the approved plans. The Clearing and Grading Limit Lines shall be staked in the field prior to the commencement of any clearing or grading activity on the site. g. A note stating, "the portion of Parcel C located within the Village of Rye Brook is not a building Parcel" shall be placed on the final subdivision plat. h. The following additional notes must be added to the plat prior to the signing of the final plat by the Mayor: (i) "There shall be no further subdivision of any of the parcels." (ii) "The driveway on Parcel C shall service one house only." i. The stone wall on the street frontage of Parcels A and B shall be retained, (except in the area of the driveway entrances), repaired and improved in its present location to extend along the entire frontage of Parcels A and B, prior to the issuance of a Certificate of Occupancy for any Parcel. j. The common driveway serving parcels A and B shall be reduced in width to a maximum of 18 feet. k. The Applicant shall install a vegetated buffer to protect the Blind Brook from impacts associated with the residential property such as pesticides, fertilizers and lawn clippings in the rear yard on Parcels A and B, to the satisfaction of the Village Engineer from a location approximately fifteen (15') feet in depth, measured from the edge of the Blind Brook. The applicant shall submit a declaration of covenants and restrictions in favor of the Village, intended to protect and maintain the vegetated buffer area described above, for review and approval by the Board of Trustees upon consultation with the Village Attorney prior to the signing of the final subdivision plat by the Mayor. 1. The applicant shall submit a declaration of covenants and restrictions, to be placed on that portion of Parcel C located within the Village of Rye Brook in favor of the Village, intended to insure that those portions of Parcel C not used for the driveway or drainage easement, shall remain in a vegetated state, for review and approval by the Board of Trustees, upon consultation with the Village Attorney, before the signing of the final subdivision plat by the Mayor. 8 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. M. A drainage easement for the flow of water across Parcel C to the Blind Brook will be granted to the Village subject to the review and approval by the Board of Trustees upon consultation with the Village Attorney, prior to the signing of the final subdivision plat by the Mayor. 4. The final subdivision plat shall be prepared, signed and sealed by a professional engineer or land surveyor licensed in the State of New York. 5. The Board hereby finds that a proper case exists for requiring that additional parklands be suitably located for playground and other recreational purposes within the Village of Rye Brook. Since, in accordance with the Land Subdivision Regulations, two (2) new building Parcels will be created within the Village of Rye Brook and lands appropriate for reservation for recreational purposes do not exist on site, a fee in lieu of the reservation of land for recreational purposes in the amount of $7,000.00 per acre (plus $1,750.00 for each new building Parcel) will be required as a condition of Final Plat approval. 6. In accordance with the Village's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Board in its review of this Project in excess of the application review fees paid by the Applicant to date. Such fees shall be paid within thirty (30) days of the notification to the Applicant that they are due, and prior to the issuance of a building permit. If such fees are not paid within this thirty (30) day period and an extension there from has not been granted by the Board, this Resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will not be made until six (6) months after the filing of the final subdivision plat. 7. The Applicant shall pay into a Village escrow account, the sum of Twenty Thousand and No/100 ($20,000.00) Dollars, to retain consultants and other personnel needed to evaluate and inspect the appropriateness, quality and progress of the implementation of the sediment and erosion control plan, utility plan, landscaping plan, off-site drainage plan and wetland mitigation plan as shown on the approved construction plans, so that the fees and costs of said consultants shall not be borne by the Village. The escrow account will be replenished from time to time by the Applicant, on the request of the Village Administrator. 8. The Applicant shall confirm the actual boundaries of any floodplain (as defined by the Village Code) on the plans,prior to the signing of the final subdivision plat by the Mayor. 9. The Applicant shall submit final common driveway and drainage easements and declaration of covenants and restrictions identified in this Resolution, which shall be subject to the approval of the Board of Trustees as to substance, and the Village Attorney as to form. The approved easements and declaration of covenants and restrictions shall thereafter be executed by the property owner and delivered to the Village Attorney,in recordable form,prior to the signing of the final subdivision plat by the Mayor. They shall be recorded in the Office of the County Clerk contemporaneously with the filing of the final subdivision plat. 9 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. 10. All erosion and sediment controls shall be installed to the satisfaction of the Building Inspector prior to issuance of a Building Permit. 11. Any drainage improvements required of the Applicant must be completed prior to issuance of a Certificate of Occupancy for any building. 12. Installation of Landscaping in the Blind Brook buffer and Lincoln Avenue Street frontage buffer shall be installed during the first planting season,but in no case later than six (6) months after issuance of the building permit, subject to drought conditions. 13. The Applicant shall provide to the Village a landscape maintenance bond in an amount to be determined by the Village Engineer and issued by a surety and in a form satisfactory to the Village Attorney. The bond shall have a term of five (5) years and shall guarantee installation and maintenance thereof of all plantings in the Blind Brook and Lincoln Avenue Frontage Buffer Areas, to be thereafter maintained and replaced as necessary by the property owner. If the securing of such of bond is not feasible, the Applicant shall have the right to apply to the Village Board for a modification of this requirement. 14. The final subdivision plat and other subdivision plan shall be revised to indicate the new tax Parcel number for the subject Parcels as assigned by the Town of Rye Tax Assessor. 15. Parcels A, B and C shall not be further subdivided and note to this effect shall be placed on the final plat. 16. Any structure requiring a building permit or impervious surface in excess of 200 square feet, located within 100 feet of the Blind Brook, except as set forth in the final subdivision plat, shall require review and approval by the Board of Trustees, including a wetlands permit, in accordance with the requirements of the Village Code. 17. The rear building set back shall be located a distance of eighty-five (85') feet from the rear lot line, except for a deck on parcel A, said deck to be no greater in size than 300 square feet. 18. As used in this Resolution, the term "Applicant" shall mean the Applicant, its, his or her heirs, successors and assigns. 19. The Applicant shall stake out the Parcel bounds for which a certificate of occupancy is requested, and file with the Village Building Inspector an as- built survey for the premises containing a legend that such stakes have been set as shown thereon. 20. No certificate of occupancy shall be issued for any building until the water and sewer improvements have been certified to be in compliance with the applicable sections of the New York State Sanitary Code and approved by the Westchester County Department of Health. 21. Conditional approval of the final plat shall expire one hundred eighty (180) days from the date of this Resolution unless all requirements have been certified as completed or a written request for an extension of Final Subdivision Plat Approval has been made and granted by the Village Board. Any extension of Final Subdivision Approval granted by the Village Board shall be limited to a ninety (90) day period and no more than two (2) extensions shall be granted. 10 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. 22. A copy of this Resolution shall be provided to the purchaser of Parcels A and B, owner of Parcel C, and any person who signs a contract to purchase the homes to be constructed on Parcels A and B, within ten (10) days of the date on which the contract is signed by the Purchaser and prior to the conveyance of any Parcel. Proof of compliance with this condition shall be provided to the Village Attorney prior to issuance of the Certificate of Occupancy for any building, and the Resolution shall be referenced in and made a part of the Certificate of Occupancy. If no purchaser exists when the Applicant makes application for a Certificate of Occupancy, then proof of compliance as set forth above shall be referenced in and made a part of said Certificate of Occupancy. 23. The Applicant shall submit a detailed landscaping plan, to the satisfaction of the Village Planning Consultant and Village Engineer, depicting landscaping designed to provide an adequate vegetated buffer along the Blind Brook and an adequate landscaped buffer area along Lincoln Avenue prior to the signing of the final subdivision plat by the Mayor. The landscaped buffer along the Blind Brook shall be designed to minimize impacts to the Blind Brook associated with the operation and maintenance of residential lawns, such as fertilizer and pesticide use and the deposition of lawn clippings and other debris. The landscaped buffer along Lincoln Avenue shall be designed to provide a naturalistic planting in keeping with the rural character of the Village and the immediate area. 24. The Village Clerk shall endorse a copy of this Resolution certifying its correctness. The Applicant shall also sign a copy of this Resolution after it has been initially endorsed by the Village Clerk acknowledging his receipt of a copy of the Resolution. When all of the conditions as set forth above have been satisfied, a copy of the final subdivision plat, revised as necessary, shall be submitted for endorsement by the Mayor, certifying that the plans comply with the terms of this Resolution, at which time, the Mayor shall also endorse this Resolution in the space provided below, certifying that the Applicant has complied with the above conditions of approval and that the final subdivision plat is authorized for filing with the County Clerk, Division of Land Records. 25. Prior to issuance of a Certificate of Occupancy for any building, the Applicant shall submit a report, prepared by a certified arborist, describing the health of the trees shown on the Tree Preservation Plan to be preserved. If any of the trees are found to be unhealthy,in a state of decline or damaged due to construction activity or to have been removed, the Applicant shall at its own expense, repair the damage, provide any required maintenance or replace the tree. Replacement trees shall be of the same species as those removed, and the total cross-sectional area of the replacement trees shall be equal to the cross-sectional area of the tree to be removed (for example, a 20" dbh tree has a cross-sectional area of 314 square inches and would require eleven 6" dbh trees). 11 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Nay Trustee Santon Voting Nay Mayor Filipowski Voting Aye This is to certify that Chris Scelfo has received a copy of said resolution on June 10, 2002 Chris Scelfo 2. Setting A Date For A Public Hearing For The Consideration Of The Application for Grant Street Senior Housing Amended Special Permit And Site Plan Section 1, Block 28, Lot 9 Trustee Santon requested that the Village Administrator make sure that we have the original approving special permit document so we can answer the inquiries about the length of the senior components (25 years, 30 years). Also,would like input from Port Chester about emergency access. Mayor Filipowski stated that at the Planning Board meeting,it was stated that the new units are guaranteed for 30 years from the Certificate of Occupancy. Mr. Louis Larizza confirmed and stated that 30 years is correct. Mr. Bradbury stated that Port Chester was informed about this permit and received our application but may choose not to respond. On a motion made by Trustee Degling and seconded by Trustee Santon the following resolution was adopted: WHEREAS, Mr. Louis Larizza made an application to the Village of Rye Brook requesting amended Special Use Permit and Site Plan Approvals for the construction of one (1) additional building, comprising of six (6) additional affordable single-bedroom units, outdoor lighting, landscaping, and outdoor sitting area, and related site development activities at the existing senior housing site located at Grant Street within the R-2F Residential Zoning District,Tax Map Parcel No. 1-28-9; and WHEREAS, on April 9, 2002, the Village Board adopted a Resolution granting the requested Amended Site Plan Approval and Amended Special Permit; and WHEREAS, subsequent to the adoption of this Resolution, the Village of Rye Brook Board of Trustees was informed that the applicant had inadvertently failed to notify owners of all property within a radius of 250' of the property line and of the subject parcel of his application and the public hearing to be held thereon in accordance with the requirements of the Village Board's February 26, 2002 Resolution; and WHEREAS, based on such deficiency and with the consent of the applicant, the Village Board wishes to rescind its April 9, 2002 Resolution granting Amended Site Plan and 12 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. an Amended Special Use Permit approval and, schedule a new public hearing on the subject action; NOW, THEREFORE, BE IT RESOLVED that the Village of Rye Brook Board of Trustees hereby rescinds its April 9, 2002 Resolution granting Amended Site Plan Approval and an Amended Special Use Permit for the subject premises; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a public hearing on this application on Tuesday,June 11, 2002, at 7:30 p.m. at the Village Offices located at 938 King Street, Rye Brook,New York; and BE IT FURTHER RESOLVED, that the Clerk shall publish a notice of public hearing as required by law; and BE IT FURTHER RESOLVED, that the applicant shall notify owners of all properties within a radius of 250' of the property line of the subject parcel of the application and the public hearing. This notice must be mailed by certified mail, return receipt requested between fifteen (15) and ten (10) days prior to the public hearing. Proof of service along with the certified mail receipts and any return receipts received as of that date must be presented to the Village Building Department by Friday,June 7,2002. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 3. Setting Date For A Public Hearing On A Local Law to Amend Chapter 135 of the Village Code Concerning Garbage, Refuse and Rubbish Trustee Goodman asked if this resolution was only to set a date. Mayor Filipowski stated that this is correct and that the public hearing is to hear comments from the public and for the benefit of the public. Trustee Goodman raised a question regarding procedures of the collection of waste and if garbage is placed on the curbside or not. Mr. Bradbury stated that we have rear yard garbage collection and the garbage has to be accessible. Trustee Santon had some comments on the language regarding green waste. On a motion made by Trustee Degling and seconded by Trustee Santon, the following resolution was adopted: RESOLVED, that the Board of Trustees of the Village of Rye Brook shall conduct a public hearing on May 28, 2002 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a local law to amend Chapter 135 (Garbage, Refuse and 13 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. Rubbish) of the Code of the Village of Rye Brook with regard to garbage preparation and collection. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 4. Authorizing Solid Waste Collection Along Private Roadways Within The Village Trustee Goodman requested clarification on the 4`''paragraph regarding expenses. Mayor Filipowski clarified that the Arbors would like to continue their three days of collection but the village is not paying for this. Trustee Santon asked if the Bellefair roads should be added. Mr. Bradbury stated that we are not listing these roads because they are already covered by the contract. On a motion made by Trustee Degling, and seconded by Trustee Brackman the following resolution was adopted: WHEREAS, the Village of Rye Brook and Suburban Carting Corporation currently have a contract pursuant to which Suburban Carting Corporation provides residential garbage collection services, curb-side collection of trash/rubbish and collection of organic yard waste (hereinafter referred to as "sanitation services") along the public roadways in the Village of Rye Brook through May 31, 2003; and WHEREAS, the Village of Rye Brook has offered to provide sanitation services along private roadways within the territorial boundaries of the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorize the issuance of a change order to Suburban Carting Corporation whereby, in addition to its existing contractual obligations, sanitation services will be provided to those residences along private roadways within the territorial boundaries of the Village of Rye Brook that comply with the Village's collection program requirements, at a rate of$17.00 per residence per month;and BE IT FURTHER RESOLVED, that as a result of the Arbors Homeowner's Association decision to maintain a third day of garbage collection per week at their own expense,the village agrees to pay for the disposal costs only for this third collection since the village would have incurred this cost if it was only collected over two days per week, and agrees to accept subway collection cans at no additional cost to the village. BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all necessary documents to implement the purposes of this resolution. Trustee Brackman Voting Aye 14 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 5. Appointment Of Tax Assessor To Fulfill The Unexpired Term Of Former Assessor Mr. Markowitz was welcomed by the board. Mr. Markowitz addressed the board and thanked the Mayor and Board of Trustees and stated that he is looking forward to serving the village. On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolution was adopted: WHEREAS,William L. Wendlandt,Assessor for the Town of Rye,retired effective December 31, 2001; and WHEREAS, upon the retirement of Mr.Wendlandt, the Town Board of the Town of Rye and the Board of Trustees of the Village of Rye Brook appointed Mitchell Markowitz, a Real Property Appraiser,who resides at 26 Mohegan Lane,Rye Brook New York 10573 as the Acting Assessor of the Town of Rye and the Village of Rye Brook, pursuant to Section 314 of New York State Real Property Tax Law; and WHEREAS, the Town Board of the Town of Rye has now appointed Mr. Markowitz as the Sole Assessor of the Town of Rye,to fulfill the unexpired term of Mr. Wendlandt that commenced October 1, 2001 and will expire on September 30, 2007. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby appoints and designates Mitchell Markowitz, residing at 26 Mohegan Lane, Rye Brook,New York as the Assessor for the Village of Rye Brook, for the balance of the term that commenced on October 1,2001 and will expire on September 30, 2007, subject to the approval of the Office of Real Property Services; and BE IT FURTHER RESOLVED,that Mr. Markowitz shall execute his oath of office with the Village Clerk forthwith; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute all documents necessary to implement this resolution; and BE IT FURTHER RESOLVED, that the Village Clerk shall forward a copy of this Resolution to the Town of Rye. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 15 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. 6. Entering Into A Revocable Permit Agreement With Suny Purchase For The Use Of Certain Facilities By The Village Recreation Department Trustee Degling commented that he has no problem with the resolution and made some minor suggestions. The agreement should be with the Village of Rye Brook and not the Recreation Council. Mr. Beane corrected language to reflect this and noted that the signature page and identification of party also need to be changed. Mr. Bradbury stated that this is a nice opportunity and we are very excited about this. On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolution was adopted: WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of New York (hereinafter "Purchase College") from July 1, 2002 to August 9, 2002; and WHEREAS, Purchase College is willing to grant the Village of Rye Brook Recreation Department a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms, in exchange for a fee of Five Thousand Seven Hundred Sixty and no/100 ($5,760.00) Dollars, which is based on a rental fee of One Hundred Twenty and no/100 ($120) Dollars per hour. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College a deposit of Two Thousand Eight Hundred Eighty and no/100 ($2,880.00) Dollars upon signing the Revocable Permit Agreement and to pay the balance of the permit fee,Two Thousand Eight Hundred Eighty and no/100 ($2,880.00) Dollars at the conclusion of the agreement period when a final bill is provided by Purchase College; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all necessary documents to implement the Revocable Permit Agreement. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 7. Entering Into A Cooperation Agreement with the County of Westchester to re- qualify Westchester communities for Community Development Block Grant and Home Funds for 2003 through 2005 16 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolution was adopted: WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized,under Title I of the Housing and Community Development Act of 1974 as amended, and Tide II of the National Affordable Housing Act of 1990 as amended, to make grants to states and other units of general local government to help finance Community Development Programs; and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more municipal corporations, to apply for, accept and expend funds made available by the federal government, either directly or through the State, pursuant to the provisions of any federal law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the federal government in programs relating to the general welfare of the inhabitants of any such municipal corporation;and WHEREAS, the Community Development Act of 1974 as amended, Tide II of the National Affordable Housing Act of 1990 as amended, and any "Eligible Activities" thereunder are not inconsistent with the statutes or constitution of this State; and WHEREAS, a number of municipalities have requested Westchester County's participation, and Westchester County has determined that it is desirable and in the public interest that it make application for Community Development Block Grant funds and HOME funds as a Urban County; and WHEREAS, through the Cooperation Agreements, the participating Westchester communities can qualify as an Urban County Consortium and thereby qualify for Community Development Block Grant funds and HOME funds for fiscal years 2003 through 2005,which is May 1, 2003 through April 30, 2006; and WHEREAS, under the Cooperation Agreement, Westchester County and the Village of Rye Brook are to cooperate in undertaking, or assisting in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution;and WHEREAS, the municipalities that have participated in the Westchester Urban County Consortium have received over $132 million in Community Development Block Grant funding since its inception in 1976 to address a wide variety of community development and housing needs;and WHEREAS, the Village of Rye Brook desires to continue participating in the Westchester Urban County Consortium. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into a Cooperation Agreement with Westchester County for participation in the Westchester Urban County Consortium for fiscal years 2003 through 2005; and 17 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all necessary documents to implement the Cooperation Agreement. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 8. Awarding Contract #02-03 Acker Drive Drainage Improvements Contract no. 02- 03 Mr. Bradbury stated that we received bids from $34,395.00 to $106,520.00 for drainage improvements on Acker Drive. Trustee Degling stated that he was concerned about the bids and the tremendous difference from the low bid to the high bid. Mr. Bradbury stated that he feels comfortable with this bid and that they have done work before and it is a relatively small job. Mr. Bradbury also stated that they will be notifying residents. On a motion made by Trustee Brackman,and seconded by Trustee Santon the following resolution was adopted: WHEREAS, the Village of Rye Brook has solicited bids for contract 02-03 "Acker Drive Drainage Improvements"; and WHEREAS,public notice was duly advertised in the official newspaper of the Village of Rye Brook on April 12'', 14'', 18'hand 21", 2002; and WHEREAS, seven bids were received by the due date of Friday,April 26`h, 2002 at 10:00 A.M., at which time all received bids were opened as summarized below; and BIDDER BID AMOUNT BID BOND 1.JOKEN DEVELOPMENT $34,395.00 Yes 2. CASSIDY EXCAVATING $46,700.00 Yes 3. ELQ INDUSTRIES $46,805.00 Yes 4. ACOCELLA CONTRACTING $50,665.00 Yes 5. REALLIFE LAND IMPROVEMENT $91,750.00 Yes 6. N. PICCO & SONS $93,450,00 Yes 7. V. RUSCIANO CONSTRUCTION $106,520.00 Yes 18 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. WHEREAS,upon reviewing the bids, the Village Engineer and Consulting Engineer,Dolph Rotfeld Engineering,P.C. have determined that the lowest responsible bidder meeting the requirements of the contract documents is Joken Development for the total bid price of$34,395.00. NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract#02-03 "Acker Drive Drainage Improvements" is hereby awarded to Joken Development for the total bid price of$34,395.00; 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. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 9. Authorizing the Re-Bid of Residental Curb-Side Recycling Collection Services Trustee Santon wanted clarification on the difference on the tide page and resolution page. Mayor Filipowski clarified the language regarding rejecting and rebidding. On a motion made by Trustee Santon,and seconded by Trustee Degling the following resolution was adopted: WHEREAS, the Village of Rye Brook has solicited bids for Contract No. 02-01 "Residential Curb-Side Recycling Collection Services;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on March 20'b, 21", 28b,April 4b, and 11 b 2002; and WHEREAS, two bids were received by the due date of April 17, 2002, at 10:00 a.m., at which time all bids received were opened as summarized below: BID AMOUNT ALTERNATIVE ALTERNATIVE BIDDER NO. I NO. II BID BOND Suburban Carting Corp. $19,290.15 $416,215.80 Yes CRP Sanitation,Inc. $16,299 $31,609 Yes WHEREAS, upon reviewing the bids, the Village Engineer and Village Administrator, Christopher J. Bradbury rejected the bid of CRP Sanitation, Inc. because it did not comply with the bid specifications with respect to Alternative II;and 19 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. WHEREAS, the Village Engineer and Village Administrator, Christopher J. Bradbury, rejected the bid of Suburban Carting Corp. because its bid was far in excess of the costs deemed reasonable for the services requested; NOW, THEREFORE, BE IT RESOLVED, that all bids for Contract No. 02-01 "Residential Curb-Side Recycling Collection Services" are hereby rejected;and BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized to rebid the "Residential Curb-Side Recycling Collection Services" to include a month-to- month service alternative that will not exceed a term of one (1) year. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 10. Authorizing extension of current recycling contract to include public and private streets Trustee Santon wanted clarification if it was $2.00 per unit for each month. Mr. Bradbury stated that this was correct. Trustee Santon stated that he doesn't want to see the village and private street residents pay for the same services under separate contracts with Suburban/Recycling Industries Corp. Mr. Bradbury stated that this will not happen because of our agreement with our contractor. Mayor Filipowski raised a question to Mr. Beane about whether the county legislation of four years ago has any control or provision that we have to comply with before we do this month-to-month contract. Mr. Beane stated that the only thing we have to make sure of is that the entity we contract with is licensed for two years. Trustee Santon commented that when we do the re-bidding we break out the private streets to avoid overlapping scope of services. On a motion made by Trustee Degling, and seconded by Trustee Santon the following resolution was adopted: WHEREAS, the Village of Rye Brook has on three (3) separate occasions solicited bids for "Residential Curb-Side Recycling Collection Services" as Contracts No. 01-12 and No. 02-01; and WHEREAS, only one (1) bid was received by the applicable due dates for the first two solicitations, and two (2) bids were received by the applicable due date for the third solicitation; and WHEREAS, the Village Engineer and Village Administrator rejected these bids either because they were far in excess of costs deemed reasonable for the services requested or,in the case of one of the two bids received in response to the most recent bid solicitation rejected because it was not in compliance with the bid specifications as to Alternative II. 20 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. NOW, THEREFORE, BE IT RESOLVED, that the Village Engineer and Village Administrator are authorized and directed to prepare a plan for review by the Board of Trustees of the Village of Rye Brook pursuant to which Residential Curb-Side Recycling Collection Services will be performed by employees of the Village of Rye Brook; and IT IS FURTHER RESOLVED, that until such services are performed by employees of the Village of Rye Brook or by an accepted bidder, whichever occurs earlier, the Village of Rye Brook is authorized to continue curb-side recycling services with our current recycling carrier on a monthly basis at the rate of$19,290.15 per month, plus $2.00 for each unit per month on private streets. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 11. Approving Revised Rates for Federick P.Clark Associates Consulting Services On a motion made by Trustee Brackman,and seconded by Trustee Degling the following resolution was adopted: WHEREAS, by Resolution dated April 9, 2002, the Village of Rye Brook retained Frederick P. Clark Associates, Inc. (David Kvinge) as Village Planning Consultant for the Village of Rye Brook for the fiscal year 2002/2003 subject to the rate schedule dated June 14, 2001; and WHEREAS, the Board of Trustees hereby approves and authorizes an increase in rates for the consulting services to be performed by Frederick P. Clark Associates for the 2002/2003 fiscal year; NOW, THEREFORE, BE IT RESOLVED that the Village Board hereby approves and authorizes payment to Frederick P. Clark Associates of the following increases in rates for its consulting services for the 2002/2003 fiscal year in accordance with their letter of April 11, 2002. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 21 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. 12. Authorizing Frederick P. Clark Associates To Proceed With Their Proposal In Connection With Amendments to the Village of Rye Brook Code Trustee Brackman commented that she was very pleased that we are moving forward with many of the environmental ordinances that were discussed a few months ago. Trustee Santon raised a question regarding the phasing and had a concern with Phase II specifically steep slope and the tree ordinance. Mr. Kvinge clarified Trustee Santon's concern over Phase II and explained the process. On a motion made by Trustee Degling, and seconded by Trustee Santon the following resolution was adopted: WHEREAS,The Village of Rye Brook Board of Trustees hereby accepts Frederick P. Clark's Associates proposal and authorizes Frederick P. Clark Associates to proceed in conducting a three-phase analysis in making the necessary amendments to the Village Code in accordance with their letter dated April 19, 2002. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 13. Approving Meeting Minutes February 12, 2002 February 26, 2002 March 12, 2002 March 26, 2002 Trustee Santon made a motion to put these on to the next meeting. Mayor Filipowski suggested making one person the lead person on the minutes. On a motion made my Trustee Brackman,and seconded by Trustee Santon it was agreed to move the minutes to the next board meeting. 14. Schedule of Bills Payable Trustee Santon requested that Mr. Bradbury provide an update on where we stand with Central Tree expenditures vs. the budget for the next meeting. Trustee Santon also raised some questions on invoices for the City of Rye,Dobart Lighting and other items. Mr. Bradbury explained and clarified the expenses incurred. On a motion made my Trustee Brackman,and seconded by Trustee Santon,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. 22 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. 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 15. Appointing Donald E. Degling and Jody H. Brackman as Village Auditors Trustee Santon made some spelling corrections and requested background information on this resolution and what is its purpose. Trustee Santon believed we had a independent auditor performing this role. Mr. Bradbury stated that the Village did have an independent auditor,however he was not reappointed and not part of the reappointment triangle. This system will allow the village to speed up the bill process and address them in a timelier basis. Trustee Santon stated that wouldn't it be recommended we re-appoint a new independent auditor and make it truly independent of the board. Mr. Bradbury stated that it is the board's choice and that many municipalities use their trustees for this function. Trustee Santon commented that he would still like to check and comment on the bills and expenditures. Trustee Brackman asked how this function will work. Mr. Bradbury explained that Trustee Degling and Trustee Brackman will come in once a week and review and verify the expenditure of the bills. Trustee Goodman asked if this appointment was in lieu of the resolution of the Schedule of Bills Payable or in addition to. Mr. Bradbury stated that this is in lieu of. Trustee Santon requested to receive a check register. On a motion made by Trustee Goodman, and seconded by Trustee Brackman the following resolution was adopted: WHEREAS, the office of Auditor has been established by Local Law A258, Article I of the Rye Brook Code;and WHEREAS, the Village Board wishes to appoint Trustees Donald E. Degling and Jody H. Brackman to serve as Village Auditors, each with the authority to perform the duties of Village Auditor independently of the other, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees appoints Trustees Donald E. Degling and Jody H. Brackman to serve as Village Auditors and empowers each of them to perform the duties of Auditor as set forth in 5A258,Article I of the Village Code independently of the other. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye 23 APPROVED MINUTES Board of Trustees Regular Meeting May 14, 2002 at 7:30 p.m. Trustee Santon Voting Aye Mayor Filipowski Voting Aye Other Items• At this time,Mr. Bradbury stated the items to go on the May 28`''Board of Trustees meeting. Mayor Filipowski announced the following: The Rye Brook police officers will be participating in the Governor's Traffic Safety Buckle Up New York Click It or Ticket It Program the week of May 20`''. The officers will be conducting road checks for strict zero tolerance enforcement of seat belt and child restraint use. Mayor Filipowski thanked the chief for all the tickets given out on Hawthorne Avenue and stated that he received positive comments about how well the village responded and how the cars are now slowing down. Mayor Filipowski announced that the board will be going into an Executive Session on Personnel and asked for a motion,which was motioned by Trustee Degling and seconded by Trustee Goodman. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Goodman Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye Trustee Santon thanked Mr. Bradbury and the Dept. of Public Works staff for all the tree planting in the village. Next Board of Trustees meeting is May 28`'' Board Meeting Adjourned at 10:48 p.m. Respectfully Submitted, Christopher J. Bradbury Village Clerk 24