Loading...
HomeMy WebLinkAbout1989-03-28 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING MARCH 28, 1989 - 8:00 P.M. I 1. REPORT FROM LIBRARY BOARD - 1989/90 BUDGET I� f PUBLIC HEARINGS (Continued) 4 2. RYE RIDGE PROFESSIONAL BUILDING - ZONING CHANGE & SITE PLAN APPROVAL 3. MURRAY SUBDIVISION - 6 HAWTHORNE AVENUE RESOLUTIONS/AGREEMENTS 4. SET PUBLIC HEARING FOR APRIL 11, 1989 - PROPOSED 1989/90 BUDGET 5. AUTHORIZATION TO PARTICIPATE IN MEBCO PLAN FOR HEALTH BENEFITS i 6. AUTHORIZATION TO ENTER INTO INTER-MUNICIPAL AGREEMENT WITH THE COUNTY OF WESTCHESTER REGARDING MEBCO HEALTH INSURANCE CONSORTIUM 7 . ADOPTION OF A VILLAGE INVESTMENT POLICY 8. AMENDED RESOLUTION FOR FAMILY SERVICE OF WESTCHESTER - DIVISION FOR YOUTH FUNDING 9. POSILLIPO CENTER - AUTHORIZING STAFF TO PROCEED WITH PARKING PLANS 10. INTER-MUNICIPAL AGREEMENT FOR RECYCLING PROGRAM 11. INTER-AGENCY AGREEMENT WITH SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES DISCUSSIONS/COMMUNICATIONS 12. NEW YORK AMERICAN WATER - RATE INCREASE 13. RESIGNATION OF MARILYN MILLER FROM PLANNING BOARD APPOINTMENTS/AUTHORIZATION 14. CHECK REGISTER `rAU�T�HOR/IZATIgON APPROVAL OF MINUTES ��, 15. FEBRUARY 28, 1988, MARCH 14, 1989 and MARCH 21, 1989 NEXT MEETING DATES ORGANIZATIONAL MEETING - APRIL 11th REGULAR MEETING - APRIL 25th ***Recycling Makes a Lot of Dollars and $encs!*** f)W �3 �J MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF RYE BROOK, HELD ON THE 28th DAY OF MARCH, 1989 IN THE VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK CONVENE MEETING The Regular Meeting of the Board of Trustees was called to order by Mayor Cresenzi at 8:00 P.M. in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi Trustee Francis L. Filipowski Trustee Robert J. Ravich Trustee Jane Saffir Smith Trustee Michele R. Mendicino was not in attendance at this meeting. Also present were: I Christopher J. Russo, Village Administrator Edward F. Beane, Village Attorney Rocco V. Circosta, Director of Public Works Joseph Cortese, Vii age Treasurer Jean A. Marra, Deputy Village Clerk March 28, 1989 001351 1. REPORT FROM LIBRARY BOARD - 1989/90 BUDGET Mr. Bruno Ponterio presented the Annual Library Report and then introduced Robin Let ieri. Director of the Port Chester Library, who explained the increases in the Library's operating budget. These increases are die to increased usage, registration and overall activity, she said. The services that the Library offers were then highlighted by Mrs. L•ettieri and she concluded by thanking the Mayor and Board, as well as the community, for their continued support of the Library. Mr. Ponterin added that a new security system for the Library was being proposed and he proceeded to pass a copy of the Library Budget to the Board for their favorable consideration. Mayor Cresenzi thanked Mr. Ponterio and the entire Library Board for giving of their time to this worthy cause. The order of the agenda was slightly changed in order to accommodate the considerable number of residents in attendance. PUBLIC HEARINGS (Continued) 3. MURRAY SUBDIVISION - 6 HAWTHORNE AVENUE On motion duly made and seconded, it was unanimously RESOLVED, that the Public Hearings be and they hereby are declared open. Bruno Gioffre, the applicant's attorney, stated that following Mr. Murray's meeting with the homeowners, the architect was given directions to change the plans and those plans were not ready. Therefore, Mr. Gioffre asked that this matter be put over to the April 25th Board meeting. Mr. Matthew Harrison, of 24 Hawthorne Avenue, asked what kind of changes were being made to the plans and Mr. Gioffre responded that they were site design changes. Mr. Harrison, along with a few other residents, said they were quite annoyed to come to the meeting this evening and not have the matter be heard; to which Mr. Gioffre replied that if the plans were not ready for the April 25th meeting, he would notify the Village Clerk and the neighboring homeowner' s ahead of time. - 2 - i 001352 March 28, 1989 A resident asked why, if there were changes in the plans, the matter didn't have to go before the Planning Board again. Mayor Cresenzi explained that if the changes were substantial, the matter would be referred back to the Planning Board; if the revisions were only minor, the Village Board could deal with it. Attorney Beane thenexplained the different zoning requirements in the Village and suggested that everyone wait until the new plans were submitted before trying to discuss the matter. Mrs. Lehy asked several questions on rezoning and density and following Attorney Beane's explanations, she suggested that Hawthorne Avenue be made a one-way street. Mayor Cresenzi then offered to meet privately with anyone who wished to discuss any of these issues further and he asked Mr. Harrison to call the Administrator's Office to set up an appointment. Trustee Filipowski stated that the Board members were not the public's adversaries -- they were neighbors, and they have bent over backwards to hear the public and they respond to what the residents have to say. A resident said that at the special meeting they were told that the land was zoned two family and that the developer could do anything he wanted and Mayor Cresenzi responded that was just not the case! When asked if Mr. Murray owned the land in question, Mr. Gioffre responded in the affirmative. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: RESOLVED, that the Public Hearing on the Murray Subdivision Application for 6 Hawthorne Avenue be adjourned to April 25, 1989 at 8:00 P.M. 2. RYE RIDGE PROFESSIONAL BUILDING - ZONING CHANGE & SITE PLAN APPROVAL The attorney for the applicants, Bruno Gioffre, said that at the last meeting he attempted to answer all of the questions the Board had regarding this matter and he reiterated the issues already covered such as the 30 foot roadway, the parking spaces, the garbage compactor, sewer line, fencing, screening and the curbing. - 3 - March 28, 1989 Don 53 The area to be rezoned will not be subject to further appli- cation., Mr. Gioffre said, and Mr. Benvenuti said when this was was approved by the Planning Board over a year ago, no mention was made of rezoning. Mr. Gioffre then read excerpts from the 1968 Rye Town Board Minutes which pertained to when the zoning was changed from R2F to C1P and when the roadway was rerouted. He added that the rezoning was only required for a small portion of the building so the building would all be situated in the C1P zone. When questioned about the sewer work, John Merritt, Sr. said, for the sake of efficiency, all the work should be done simultaneously. In deference to Mr. Merritt, the owner of 37 Westview Avenue said that trees were planted where he had requested them. Terry Mitchell of Westview Avenue asked if the stairway located into the parking area from the residential area could be closed off since it's just used by the kids as a hangout, and Mr. Gioffre indicated that the issue would be addressed. Mrs. Mitchell then asked about the parking in the rear and Mr. Giuffre explained once again where the parking line would stop -- west of the existing property, cars would be parked on the northern side of the property line. Mr. Bernard Klem repeated the Planning Board's recommendation that the fire lanes be permanently marked with striping. Also, the issue of the rear entrance not lining up very well with the roadway was brought up and Mr. Klem suggested that it be shifted west to allow easier ingress and egress. The issue of taxicabs parking in the area was then discussed and Mayor -Cresenzi suggested that the Village Board designate an area for taxicab parking only. Open green space was discussed next and it was requested that this land be dedicated to the Village. At this time, the hearing o was temporarily adjourned to allow Mr. Giuffre the opportunity y to confer with Messrs. Merritt and Holby on the "green space" issue. RESOLUTIONS/AGREEMENTS 4. SET PUBLIC HEARING FOR APRIL 11, 1989 - PROPOSED 1989/90 BUDGET On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: 4 - March 28, 1989 00 354 1989/90 PROPOSED BUDGET RESOLVED, that this Board hereby sets Tuesday, April 11, 1989, at 8:00 P.M. , at the Village Offices, 90 South Ridge Street, Rye Brook, to consider approval of the Proposed 1989/90 Budget for the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the Deputy Clerk is hereby authorized to publish the Notice of Public Hearing in the Official Newspapers of the Village of Rye Brook. 5. AUTHORIZATION TO PARTICIPATE IN MEBCO PLAN FOR HEALTH BENEFITS G. AUTHORIZATION TO ENTER INTO INTER-MUNICIPAL AGREEMENT WITH THE COUNTY OF WESTCHESTER REGARDING MEBCO HEALTH INSURANCE CONSORTIUM Following Administrator Russo's explanation of MEBCO, Mr. Solomon inquired about the rates. Mr. Russo indicated that there would be less of an increase in rates with MEBCO compared to the Empire Plan. Mr. Solomon asked if the Mayor and Board were covered by the Village's health insurance plan and he was told they were not. Thereafter, on motion by Trustee Ravich, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: MEBCO PLAN WHEREAS, the Village of Rye Brook is desirous of improving management controls over the employee benefits thereby reducing the cost of providing such benefits by cooperatively engaging in a group benefits program with other municipalities; and WHEREAS, the County of Westchester has created a program called MEBCO by which municipalities may conjointly provide health benefits to their employees; and WHEREAS, the current rates of the MEBCO Plan compare favorably with the rates of the Village's current plan and will result in a significant savings to the Village; and - 5 - 001350 March 28, 1989 WHEREAS, the Village of Rye Brook wishes to assist its employees by maintaining such benefits while, at the same time, effectuating a savings in the cost of such benefits, to the benefit of all its residents; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby endorses and chooses to be included as a participant in the MEBCO program; and be it FURTHER RESOLVED, that the Mayor is hereby author- ized this 28th day of March, 1989 to take all the necessary steps to be included in the MEBCO program including specifically, but not limited to, exe- cuting a Municipal Employees Benefits Consortium Inter-Municipal Agreement on behalf of the Village of Rye Brook. 7. ADOPTION OF A VILLAGE INVESTMENT POLICY Joseph Cortese, the Village Treasurer, explained the purpose of the investment policy. In essence, it' s what the Village has been doing -- now it's just set forth in writing, he added. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: INVESTMENT POLICY WHEREAS, in accordance with the Financial Management Guide issued by the State Comptroller's Office, it is recommended that the Village adopt an Investment Policy; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts the - attached Investment Policy and Operating Procedures for the Village of Rye Brook, this 28th day of March 1989, and orders that said Policy & Procedures be made a part of this Resolution as follows (on pages 6A - 6E) : - 6 - 00.1356 VILLAGE OF RYE BROOK INVESTMENT POLICY I . OBJECTIVE The objective of this investment policy is to minimize risk while seeking to attain a fair return on investments. II . SCOPE The policy shall apply to investment transactions for all funds maintained by the Village including the following: General Fund Special Revenue Funds Capital Projects Fund Special Assessment District Funds Fiduciary Funds III . Authorized Investments The Village shall limit its investments to those authorized by applicable New York State statutes. IV. OPERATING PROCEDURES The Village Treasurer shall: 1 . Implement the Village' s investment program as approved by the Board. 2 . Establish written procedures for the operation of the Village' s investment policy, subject to approval by the Village Board. 3 . Establish a system of internal controls to ensure compliance with the provisions of the investment policy, subject to approval by the Village Administrator. 4 . Submit a quarterly interest investment report to the Village Administrator, which discloses rates of interest and maturity dates. 5 . Prepare an annual report within 60 days of the end of the fiscal year. This report shall include the amount of interest earned, and the effective 6-A annual yield. A competitive or negotiated process .involving the telephone solicitation of at least two bids, where practicable, shall be required for each investment transaction. All investment transactions shall be confirmed in writing. In order to secure the Village' s deposits and investments, a depository bank shall deliver pledged securities to the Village' s designated custodial bank, as required by applicable New York State statutes . The depository bank may, with the prior written consent of the Village, hold the pledged securities in a custodial account in the name of the Village provided there is in effect a written agreement between the depository bank and the Village . A depository bank shall not substitute or remove pledged securities without the prior written consent of the Village. Consent will be granted if the securities substituted are, in the judgement of the chief fiscal officer of the Village, of sufficient quality and market value. The operating procedures and internal controls shall be reviewed, at least annually, by the Treasurer, and by the Village' s independent auditors . The review by the Village ' s auditors shall include the appropriateness of the operating procedures and the compliance therewith. V EFFECTIVE' DATE This policy shall take effect on the date it is adopted by a Resolution of the Board. A copy of this policy shall then be forwarded to the independent auditors. 6-B EXHIBIT A VILLAGE OF RYE BROOK OPERATING PROCEDURES FOA INVESTMENT POLICY in ac or.dance with the Village Investment Policy adopted 1989 , by the Board of Trustees , the following operating procedures will be implemented by the Village Treasurer: 1 . Investments will be limited to those authorized by applicable New York State statutes and, in order to minimize risk, will be further restricted to include only: a) Obligations of the United States Government including Treasury Bills and Treasury Bonds and Notes ; b) Certificates of Deposit issued by those depositories authorized at the annual meeting of the Village Board; i c) Bank accounts including N.O.W. accounts, Super N.O.W. accounts, money market deposit accounts and 7-31 day accounts. 2 . The investment selection process will utilize competitive quotations from at least two ( 2) authorized depositories except in the purchase of United States Government securities. 3 . Each investment transaction will be made by written authorization. If the authorization is initially given verbally, a written confirmation will be sent from the Treasurer ' s Office to the appropriate bank. 4 . All .investment confirmations issued by the banks will be checked against the Village Treasurer ' s investment record by another Village employee. 5 . The Village Treasurer will maintain a file of written investment authorizations and confirmations . 6 . The Village Treasurer will maintain a record of all investment transactions including descriptions , amounts, rates of interest, maturities and interest earnings . 6-C 7 . With respect to obligations pledged to secure deposits and investments, the Village Treasurer will determine on a regular basis whether or not: a) the obligations have been pledged pursuant to applicable New York State statutes; b) the obligations have adequate market value to fully secure by collateral the deposits and investments; C) the obligations have been segregated either physically or by appropriate book entry pursuant to a written agreement with the bank; d) there has been a release or substitution of pledged securities without the written consent of the Village Treasurer . In addition, the Village Treasurer will require each depository and/or custodial bank to provide a monthly statement with respect to all investment transactions. 8 . The Village Treasurer will report investment activity to the Board of Trustees in accordance with the Investment Policy. w 6-D EXHIBIT A (ADDENDUM) The following are the types of "qualified securities" required to be pledged and deposited in the Village of Rye Brook Custody Account to secure certificates of deposit and special time deposit accounts of the Village of Rye Brook: 1 . Obligations of the United States of America. 2 . Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America. 3 . Obligations of the State of New York. 4 . Obligations of any municipal corporation or school district corporation of the State of New York. I 6-E 3U.13&s March 28, 1989 8. AMENDED RESOLUTION FOR FAMILY SERVICE OF WESTCHESTER - DIVISION FOR YOUTH FUNDING This resolution is being amended to include the Family Service of Westchester on the recommendation of the State Auditor, Mr. Russo stated. Thereafter, on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: AMENDED RESOLUTION FAMILY SERVICE OF WESTCHESTER, INC. NEW YORK STATE DIVISION FOR YOUTH PROSECT APPLICATION RESOLVED, that the Resolution adopted by the Board of Trustees on October 25, 1988 be amended this 28th day of March, 1989 as follows: RESOLVED, that the Mayor is hereby authorized to affix his signature on the New York State Executive Department, Division For Youth, Project Application for Funding; and be it FURTHER RESOLVED, that continuation of the program with Family Service of Westchester, Inc. , as described in the Project Application, is hereby authorized. 9. POSILLIPO CENTER - AUTHORIZING STAFF TO PROCEED WITH PARKING PLANS Administrator Russo explained the parking proposal and Mrs. Carlucci of 94 Grant Street asked if she would be guaranteed that the entrance (to Posillipo) would not go through Grant Street. Mayor Cresenzi said the new parking facility could not be entered from Grant Street -- the entrance and exit would be on Garibaldi Place. Mr. Solomon asked if there were any plans for the other lot (across the street from the center) , and Mayor Cresenzi replied not at present. Trustee Filipowski added that it was the consensus of the seniors to locate the parking on the Center's property. Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: 7 - 001.358 March 28, 1989 POSILLIPO PARKING PROPOSAL WHEREAS, the Rye Brook Village Board is desirous of utilizing land purchased from the State of New York as a parking site for the Posillipo Center; and WHEREAS, the most feasible alternative, after reviewing the various plans submitted, is access from Garibaldi Place to the rear of the Posillipo Center property; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby authorizes, on this 28th day of March 1989, that the appropriate Village staff prepare and proceed with site plans and construction drawings of this location while maximizing the available land owned by the Village; and be it FURTHER RESOLVED, that Recreation Trust Funds in an amount not exceeding $10,000 shall be used for such site plan preparation and other related planning costs. The Public Hearing on the Rye Ridge Professional Building resumed at this time. 2. RYE RIDGE PROFESSIONAL BUILDING - ZONING CHANGE & SITE PLAN APPROVAL Mr. Gioffre stated that there appears to be a conflict regarding the stairway -- another resident just approached him and said she would like it to remain as is. As for the property in question for green space, Mr. Gioffre said the quid pro quo is very difficult for Merritt & Holby to accept. What they did agree to, however, was that the unde- veloped area be dedicated to the Village subject to the right of reverter. Trustee Filipowski explained that if the Village ever developed the property, it would automatically revert back to the developer. Trustee Smith thought the Village should have the right to do something with the property and Mr. Gioffre pointed out that the residents said they didn't want anything built on it -- they just wanted it to remain as open space. 8 - March 28, 198900135j Mrs. Mitchell announced that this (dedication of land) was very generous of Merritt & Holby and she extended her thanks. Thereafter, on motion by Trustee Ravich, seconded by Trustee Filipowski, with a unanimous vote of the Board, the following resolution was adopted: RYE RIDGE PROFESSIONAL BUILDING South Ridge Street & Bowman Avenue RESOLVED, that this Board hereby grants Preliminary Site Plan Approval and the Zoning Change from R2F to C1P, as detailed on the applicants' plans, for the Rye Ridge Professional Building pending a Resolution being drafted by the Village Attorney and said Resolution being approved by the Board of Trustees at the April 25, 1989 meeting. 10. INTER-MUNICIPAL AGREEMENT FOR RECYCLING PROGRAM Following a brief discussion, Mr. Solomon noted that Greenwich has mandatory recycling laws already in place and Mr. Heller pointed out that Peekskill did not have enough garbage to kept its plant going so they went to Connecticut to get some! Thereafter, on motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: INTER-MUNICIPAL AGREEMENT RECYCLING PROGRAM WHEREAS, by Resolution #162-1974, the Westchester County Board of Legislators adopted a plan for solid waste disposal in Westchester County by implementing a solid waste management and disposal system; and WHEREAS, the Village of Rye Brook became a member of that system by entering into an Inter-Municipal Agreement with the County regarding solid waste; and WHEREAS, in an effort to increase the efficiency of the Westchester County Solid Waste Management System by recycling and the reduction of materials delivered into the system, Westchester County has developed a comprehensive recycling plan pursuant to which the County will enter into Inter-Munici- pal Agreements with participants, including the - 9 - March 28, 198848 1 ziGU Village of Rye Brook, for the purpose of providing an incentive of direct payments to the participant for each recycled ton of municipally collected solid waste attributable to an approved recycling program; and WHEREAS, the Village of Rye Brook desires to formulate such an approved recycling program and obtain a financial incentive by reducing its municipally collected solid waste tonnage by recycling; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook endorses the County's direct payment incentive as part of its comprehensive recycling plan and wishes to participate in such program; and be it FURTHER RESOLVED, that Mayor Cresenzi is hereby authorized, this 28th day of March 1989, to execute the attached Inter-Municipal Agreement for Solid Waste Recycling Direct Payment Incentive with the County of Westchester. 11. INTER-AGENCY AGREEMENT WITH SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES Administrator Russo explained the annual agreement with South East and on motion by Trustee Filipowski, seconded by Trustee Smith, with a unanimous vote of the Board, the following resolution was adopted: SOUTH EAST CONSORTIUM 1989 INTER-AGENCY AGREEMENT WHEREAS, there exists the South East Consortium for Special Services, Inc. , a not-for-profit corporation of the State of New York; and WHEREAS, an Inter-Agency Agreement with the Consortium enables municipalities the oppor- tunity to provide, through participation, a collective program of special recreational services for disabled individuals; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby authorizes the expenditure of $2,753 as the municipal contribution for the Village of Rye Brook for the year 1989; and - 10 - March 28, 1989 001361 BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized to sign said Agreement with the South East Consortium this 28th day of March, 1989. DISCUSSIONS/COMMUNICATIONS 12. NEW YORK AMERICAN WATER - RATE INCREASE Administrator Russo stated that there wasn't too much to report at present except that he did speak to Rye City and Port Chester regarding this and also that Attorney Beane spoke with the attorney who handled this situation for the three communities last time. Attorney Beane said that he spoke with Mr. Zellman and that by authorizing Zellman to appear at the meeting, he would meet with the appropriate representatives to determine what's necessary and what the cost would be. He is not at a point right now to make any recommendation but as soon as information is available, it will be made known to the public, Mr. Beane added. Mr. Solomon asked what the water rate increase was based on and Attorney Beane replied that it had to do with certain rebates -- but since it was not a standard application, he was unsure exactly what it was based on. Mayor Cresenzi then requested that the Village Administrator notify Joseph Pellino about any meetings dates regarding this. 13. RESIGNATION OF MARILYN MILLER FROM PLANNING BOARD Mayor Cresenzi said he wanted to publicly thank Marilyn for her time and service to the Village. He added that there was now a vacancy on the Planning Board due to her resignation. APPOINTMENTS/AUTHORIZATION 14. CHECK REGISTER AUTHORIZATION On motion by Trustee Filipowski, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: - 11 - March 28, 1989 ) CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator: On-Line Checks #1731 - #1939; Hand Checks #8088 - #8101; Payroll Checks #15420 - #15599; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. APPROVAL OF MINUTES 15. FEBRUARY 28, 1988, MARCH 14, 1989 and MARCH 21, 1989 The Minutes of February 28th, March 14th and March 21st, 1989 were unanimously approved as presented. At this time, Mr. Solomon requested that he be furnished with a copy of the Tentative Budget. Mr. Kdn Heller brought up the problem of trees being removed on the properties in the Deer Run project. He added that the replacement trees which were planted are either dead or dying. Also, he said there were illegal swimming pools that had no fencing around them. He then spoke about homeowners building on the 15 foot easement and the flooding problems. Mr. Heller con- cluded by saying that no action has been taken (by the Village) to follow through on the stipulations contained in the final subdivision approval. Attorney Beane reported that he met with Mr. Geis last week and some of these matters were brought up. We are all very concerned and will do whatever is in our authority to enforce these stipu- lations, Mr. Beane said, adding that the 15 foot easement must be reviewed in its entirety as expeditiously as possible. He concluded by saying that Mr. Heller had his personal commitment that these matters will be looked at and he will be informed of any action taken (by the Village) . - 12 - March 28, 1989 The damage done to Mr. Heller's fence was a private matter, Mr. Beane stated, and should be discussed with the developer. Mayor Cresenzi said that when Ed Beane started with the Village, he was given a list of items which needed attention and the Deer ' Run project was on that list. He will be undertaking a study of the area and address the issues which Mr. Heller mentioned. By planting the proper sized trees and with proper berming, the water will be prevented from coming onto my property, Mr. Heller said, adding that two years ago, certain guarantees were made (by the developer) but were never followed through with. At this time, William Null, from the law firm of Cuddy & Feder, requested the Board to accept the DEIS for Arrowwood as complete for distribution but the Board declined saying that the impact statements were just received at 6:00 P.M. this evening and they haven't had an opportunity to review them. Mayor Cresenzi said this item would be taken up at the April 11th meeting. NOT ON THE AGENDA - APPOINTMENT On the recommendation of Administrator Russo, and on motion by Trustee Smith, seconded by Trustee Ravich, with a unanimous vote of the Board, the following resolution was adopted: SECRETARY TO THE ADMINISTRATOR RESOLVED, that Louise T. Massie, of Rye Colony, Apt. 710A, Rye, NY, be and she hereby is provisionally appointed to the position of Secretary to the Administrator at the annual salary of $24,000, effective March 30, 1989. ADJOURNMENT On motion duly made and seconded, it was unanimously resolved to adjourn the Village Board Meeting at 10:15 P.M. Respectfully submitted, Jean A. Marra Deputy Village Clerk 17J - 13 -