HomeMy WebLinkAbout1990-08-14 - Board of Trustees Meeting Minutes qq C e
MINUTES OF A REGULAR MEETING //��(/®.168.1.
THE BOARD OF TRUSTEES
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VILLAGE OF RYE BROOK
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK, NEW YORK
AUGUST 14, 1990
CONVENE MEETING
The meeting of the Board of Trustees was called to order by
Mayor Cresenzi at 8:05 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 Michele R. Daly
Trustee Robert J. Ravich
Trustee Jane Saffir Smith
Also Present were:
Christopher J. Russo, Village Administrator
Rocco V. Ci.rcosta, Director of Public Warks
Edward F. Beane, Village Attorney
Lori Ann DeMarco, Ass't. to the Village Administrator
Elizabeth Czajkowski, Secretary to the Village Board
Joseph Cortese, the Village Treasurer was not in attendance at
this meeting.
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August 14, 1990
PUBLIC HEARING (CONTINUATION)
1. ARROWWOOD OF WESTCHESTER
ANDERSON HILL ROAD
PUD DEVELOPMENT & SITE PLAN APPROVAL
Mayor Cresenzi reconvened the Public Hearing at 8:07 p.m.
William Null, the attorney representing Arrowwood, stated that
when they were last before the Board on July 1.7, 1990, two items
were left open for discussion. The first item related to
comments of Chief Gallagher in regard to the issue of fire
safety.
Mr. Null stated that he was aware that the Village Board
received a letter from Ed Wilson from the Hillier Group which
was acknowledged by Chief Gallagher and has provided copies of
that letter to the Board. The letter indicates that there are
no changes in the site plan which addresses the fire safety
issue.
The second item to be discussed was the review of the Resolution
of the Town of Rye with regard to the Fire Approvals for the
site which addressed the recreational fee requirement.
Mr. Null stated that accompanying him were Ed Wilson from the
Hillier Group, and Debbie Nevins from Debbie Nevins Association.
Mayor Cresenzi pointed out that there were a few people new to
the Public Hearing and suggested that Mr. Null, Mr. Wilson and
Ms. Nevins make a brief presentation explaining their proposal
as this may prompt some questions from both the Board and the
public.
Mr. Null briefly summarized the residential portion of the site
as consisting of 142 homes, 96 Villas (which are condominiums)
and 46 Town houses. The Golf course surrounds both the
conference center and the residential area. The existing golf
course is being reconfigured to improve playing capacity as well
as to facilitate the golfing of the site. Each resident will
also enjoy a view across the fairway.
Ed Wilson, architect and planner with the Hillier Group from
Princeton , New Jersey stated that there were only three
significant additions/modifications to the conference center.
(1) A new fitness center consisting of a half court basket
ball court, a couple of raquetball courts, and space for
aerobics and nautilus type equipment. A small enclosed
corridor connecting the new fitness center to the existing
fitness center area in the conference center is also
proposed.
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August 14, 1990
(2) A new golf club house which will be serviced by the
existing service drive with a small culdesac turn around
area so that golfers can come in and unload their golf bags
and then go park their car.
(3) A maintenance building for the storing and servicing of
large maintenance equipment.
In addition to the above, two other modifications are proposed.
They include a "bubble" over two existing tennis courts and an
exhibition tennis court for viewing exhibition tennis.
Debra Nevins, involved in the landscaping of the site, stated
that at the entrance of Anderson Hill Road to the existing
conference center, a double row of linden trees will be planted
leading to the conference center. Between the existing parking
and the new residential area, there will be a very
heavy
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planting of evergreens with the use of existing deciduous trees,
primarily maples les because they are so large.
Another aspect of the plan is that as many trees as possible are
being preserved and/or re-located to significant areas that will
be seen from public roads. For example at the entrance there
are a number of transplanted species such as sugar maples,
silver maples and so forth to give the area a more lived in, or
aged character. Also on the Anderson Hill edge there are
evergreens as well as the large deciduous trees that exist
already. The basic theme of this landscaping has been to use
succession of flowering trees in combination with large
deciduous trees like lindens, magnolias, sugar maples, crab
apples and the Chinese Dogwood. In this way, a sucession of
flowering from mid April through late June would occur. This
landscaping will also attract wildlife. Many wetland plantings
that can withstand damp soil will be added to the pond area.
Randy Solomon, 65 Valley Terrace questioned whether or not the
surrounding homes would be protected from golfballs.
Mr. Null stated that the site has been carefully designed to
avoid such difficulties.
The Mayor stated that if there were no further questions the
Public Hearing would be adjourned.
Therefore on Motion made by Trustee Smith, seconded by Trustee
Ravich, with a unanimous vote of the Board the Public Hearing
was adjourned at 8:27 p.m.
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On Motion made by Trustee Smith, seconded by Trustee F1.11pow.ski, wil.h a
unanimous vote of the Board, the following Resolution was adopl.ed:
RESOLU'T'ION
FINAL SITE PLAN, SUBDIVISION AND 'Z,ONING APPROVAL
ARROWWOOD OF WE.STCHESTER - CAROL MANAGEMENT CORP.
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ANDERSON HILL ROAD
WHEREAS, Carol Management Corp. has submitted an application Lo the Rye
Brook Board of Trustees (the "Village Board") for deve.l- opment of I.he
�j approximately 114 acre site at the Arrowwood Conference Center (Lhe
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"Promises"), pursuant to Article IV, Section 66-7.E. of the Rye Brook
Zoning Law (the "Zoning Law"); and
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-�j WHEREAS, the Premises are classified in both the OB-1. (Office Ber.illnrS)
District and Planned Unit Development ("PUD") District; and
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ij WHEREAS, the Village Board has referred the. application to Lila Planning
j Board of the Village of Rye Brook (the "Planning Board"), pursuant to
Section 66-7.E.3.c. of the Zoning Law, and the Village Board and Planning
Board have reviewed the written applicatlon, maps, supplemental dal:a,
Draft and Final Environmental. Impact Statements for [:huge Premi,,es, as
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well as Draft and Final Generic Environmental. Impact SLntemerd's for the
Rye Brook North Study Area, .in addition to Lhe dorumin Gal.inn sni.. for1 on
Schedule A annexed hereto and made a part hereof;
WHEREAS, the Planning Board reviewed and considered this application and,
by Resolution adopted on January 12, 1989, has reported its
recommendations to this Board with respect to the tentatJve Sil.e Plan
i' Approval, pursuant to Section 66-7.E.3.d. of the Zoning Law, including but
not limited to the, following:
1. The plan provides for an increase .in housing for the commn-
n.ity by converting an existing commercial Conference Cent-or
I (which includes a 9 hole golf course) into a mixed-use
development which will include the Conference Center, a
redesigned golf course and residential units with
amenities.
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II 2. The an design of the l
9 p preserves open space and adds wal.er
features to the golf course topography, enhancing .i.ts
is landscaping while conserving much of the na turn 1. topography
and geologic features of the Premiser„
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3. The residential development of the ensterly por.l:ion of I.hn
Premises increases J.Ls taxable po tent.l.a 1, while ahmvinuing
i' the more traffic intensive commercial development
i� previously approved for this area of the sil:a; and
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I! WHEREAS, the Planning Board's recommendations included Lhu fnl.inwiaq
• express conditions and requirements:
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1 1. Tentative approval shall. be .limited to an approval of Che
general concept of providing a mix of uses nn this aloe,
consistent with the intent of. the Planned Unit Development
District; and
WHEREAS, in the opinion of the Village hoard of Trustees, the
i! applicant has complied with the Village of Rya Brook devel,Opmenl'.
regulations For site plan and eubdi.viei.on approval, the zoning
regulations and PUD designatlon, except as may be nol'.ed below.
NOW 'THEREFORE, -
1. BE IT RESOLVED that said appl.icat i.on For Site Plan, -
Subdivision and PUD Zoning Approval, be arid hereby isapproved
-i� and the Mayor of the Village of Rye Brook is hereby authorized
�. to endorse said approval upon copies of all documents, .including -
but not limited to a conforming subdivision plat, which shall
authorize the issuance of Building Permits .In accordance with
this resolution and all applicable .laws, all upon completion of
the following modifications and conditions and also in
Ty I! accordance with the Village's Zoning Law, its subdivision
regulations and building code, and that the, applicant be so
i; notified, provided however that this approval shall. expire five
iI years from the date of this resolution, .if, the modifications and
conditions set forth below have not been completed to the
i� satisfaction of the Village Board of Trustees, unless the
applicant has requested an extension of this approval in
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writing; and
i� 2. BE IT FURTHER RESOLVED, that the Village Board adopts Lhe
!j following findings:
Ij a. the site constitutes approximately 114 acres, which .is
substantially in excess of the minimum requirements set
II forth at Section 66-7.13. of the Zoning Law;
,i b. the site development plan will provide for an increase
in the amount and variety of housing In the Village in a
jl time of increasing urbanization, developmenL costs and
�j awareness of the importance of natural resource
preservation thereto;
c. the architectural design of the development will
provide the Village with a greater variety, type, design
and layout of buildings arid will conserve open space,
II particularly given the reservation of 20 contiguous acres
Ii of golf course open space by deed rest eiction;
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d. the implementation of the development plan wi.11. result
r in the natural resources, topography and geology, at the
site being protected, conserved and enhanced such as trees,
soil. stability, man-made landscaping and other features;
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e. the development willencourage the efficient use of
iiland in relation to public and private facilities and
utilities;
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I. the development will conserve the economic value of.'
land and strengthen and sustain Its taxable. poten Lial. by
ii providing a stable residential base; and
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BE IT FURTHER RESOLVED, that the Village Board has reviewer]
revised development scheme as compared to the initial scheme
�i described in the Draft and Final Environmental. Impart. Statements
and the„env.ironmental findings adopted on .September 19, 1989 and
has determined that the following modifications to the
development plan are consistent with its environment findings
and further enhance the project by minimizing the potential.
- negative environmental. .impacts to the maximum extent
Practicable, _
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a. the elimination of the 97 room conference center guen
room wing, the conference center villa, parking structure
and one of the tennis bubbles will reduce the scale of
the development and any resulting traffic, water: usage,
sewage usage and related impacts;
jj b. the reduction In density of the residential development
li and the use of two unit rather than three unit townhouse
buildings, will result in a configuration which will save
IIsignificant numbers of existing trees; and
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C. the redesign of the roadways, ponds, and golf course
areas produces a more efficient design with lessimpact
upon the site; and
4. BE IT FURTHER RESOLVED, that for the reasons set forth
!! above, the Village Board hereby ratifies and reaffirms its
September 19, 1989 environmental determination that the action
will minimize or avoid environmental effects to the maximum
� extent practicable by the incorporation of the mitigative
ii measures detailed in the plans and required by this approval ;
and
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S. BE IT FURTHER RESOLVED, that the Site Plan, Subdivision and
PUD Zoning Plansubmitted by the applicant be and hereby is
approved with one hundred and forty-two (142) dwelling units and
the proposed conference center expansion as set forth on the
Site Plan, together with the golf course, pool, recreation -
center, tennis courts and other amenities set forth on said
plan, subject to the conditions, codes, laws and ordinances of
the Village of Rye Brook, together with notes and legends
- therein on said plans; and
6. BE IT FURTHER RESOLVED, that the Mayor of the Village of Rye
Brook be and hereby is empowered to sign the Site Plan,
Subdivision and PUD Zoning Plan, subject to, and only in the
event that the applicant obtains the approval of the Westchester
County Health Department and any other governmental agency
having jurisdiction, as well as meeting the, conditions of. the
;i resolution to the satisfaction of the Village Board; and
7. BE IT FURTHER RESOLVED, that individual residential units
�! shall not be expanded by the addition of decks, or any other
structures of any kind, or in any other manner; and
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�I 8. BE IT FURTHER RESOLVED, that the Individual lots for ea<:h of
the residential units shall be established as zero lot lines;
Provided, however, that the location of the .lot lines may bn
shifted up to five(5) feet in any direction so long as they do
not extend beyond the golf course safety .Line; and -
�! 9. BE IT FURTHER RESOLVED, that the maximum height of any
residential unit shall not exceed thirty (30) feet above the
average grade at such unit; and
,I 10. BE IT FURTHER RESOLVED, that the applicant shall. preserve
and maintain as open space twenty (20) contiguous but
non-delineated acres of the golf course and that thio condi tion
shall be deemed to run with the property and to be binding upon
any future owner thereof in perpetuity; and
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II 11. BE IT FURTHER RESOLVED, that the windows on units 53 and
�i 54, which face the Recreation Center shall be constructed Willi
triple paned glass; and
12. BE IT FURTHER RESOLVED, that the tree identified on the
I� landscape plan (which is included as part of the site plan) as
T-148 be substituted by an evergreen tree; and
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iI 13. UE IT FURTHER RESOLVED, that the applicant, its heirs,
� successors or assigns shall donate to the Village of Rye Brook
II the sum of three hundred and fifty thousand and no/100
($350,000) Dollars as and for a donation to the Village
II Recreational Trust Fund to assist In meeting the additional
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recreational needs of the Village. Said payment shall be in
i, addition to the recreation fee paid with respect to said
property by Citicorp, predecessor In Utle to the applicant, and
II shall be payable in four equal .lnstall.men Ls of eighty-seven
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thousand five hundred ($87,500) Dollars each, as follows: the
first payment shall be made prior to the signing of the Site
Plan, Subdivision Plan and PUD zoning Plan by the Mayor; the
second payment shall be made on or before one year from the date
II of the signing of said Plat by the Mayor; the third payment
I' shall be made on or before two years from the date of the
signing of the Plat by the Mayor; and the final payment shall. he
made on or before three years from the date of the signing of
i� the Plan by the Mayor. Notwithstanding the above payment
schedule, the entire fee must be paid prior to the issuance by
the Director of Public Works or Building Inspector of a
certificate of occupancy an one or more of the final. twenty (20)
units. The Applicant hereby agrees to be bound by the I:ermr,, of
this paragraph and obligated to make the payments required
herein, and hereby waives whatever rights it may have, if any,
to challenge the validity of these payments .In any federal or
state court or administrative body in this and any other
ii jurisdiction; and
ii 14. BE IT FURTHER RESOLVED, that the buildings are to be
if constructed in accordance with the design, character and
• exterior material types shown in the plans and drawings
iireferenced in this resolution; and
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15. BE IT FURTHER RESOLVED, that upon completion, the prnjer;l
shall be maintained in a clean, viable, well repaired and
healthy condition; and
16. BE IT FURTHER RESOLVED, that should the storm and drainnge
j system or an element of the system become temporarily clogged or
blocked, the Village Board of 'Trustees may direct the clearance
i' of said blockage or correction of the physical reasons lead.i.nq
I, to causing the emergency and charge the cost of conducting said
work against the Applicant and property, enforveable in Elie. same
j- way as a tax llen; and
17. BE IT FURTHER RESOLVED, that the Applicant shall submit:
j detailed graphic examples of building facades and exterior
j; pedestrian area construction materials, including exterior signs
li and lighting, pavement, exterior wall materials and other
j matters to the Village Board of Architectural Review, to the
extent of detail deemed appropriate by said Board of
Architectural Review and for approval by said Board; and
I; 18. BE IT FURTHER RESOLVED, that: all utilities shall be
provided .in sizes and amounts and locations Is accordance wi.t:h
II accepted engineering principals and shall be approved by the
j Village Building Inspector; and
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19. BE IT FURTHER RESOLVED, that another concern of the Village
- j Board of Trustees relates to noise impact from external -
�i activities, such as airplanes, upon the internal functions and
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activities of the occupants of the building. Accordingly, the
Ij Applicant shall make every reasonable effort to integrate
soundproofing material into the construction of. the Building.^„
and the Board of Trustees shall be kept apprised of such efforts
by periodic written reports; and
j' 20. BE IT FURTHER RESOLVED, that the Applicant: shall plant in
'I accordance with the detailed listing or schedule of exterior
landscape and planting material. submitted in connection with
this application, which .includes but .is not limited to number,
type, size and location of all planting materials, which has
j been approved by the Village Board of 'Trustees as part of its
i; site plan approval; and
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.jj 21. BE IT FURTHER RESOLVED, that all construction in the
j! project related to the resi.dentia.l development, including Elie
I' main access road and related site work and adjacent l.andscapinq,
l shall be completed prior to the, issuance of a permanent
certificate of Occupancy for any building or unit; and
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ii 22. BE IT FURTHER RESOLVED, that: permanent Certificates of
�I Occupancy for the units in the final building shall. not be
issued until all site work on the project has been completed;
and
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Ii 23. BE IT FURTHER RESOLVED, that the Applicant shall submit Lo
the Director of Public Works (Village Engineer), a construction
traffic plan and program to include but not be limited to:
traffic. routing in and out of the site, general hours of trunk
traffic, availability of flag or other traffic control device. '
during periods of temporary congestion or emergency and other
matters considered appropriate. Such plan shall be submitted
and approved prior to the commencement of construction; and
24. RE IT FURTHER RESOLVED, that during the period of
construction, the Applicant shall conform and comply with the
Westchester County Soil and Waste Conservation Boards, "Best
Management Practices Manual" for construction related activities
so as to minimize soil erosion, siltation and other storm
drainage problems and shall utilize the services of the
Westchester County Soil and Water Conservation District where
appropriate; and
I� 25. BE IT FURTHER RESOLVED, that the Applicant shall pay an
inspection fee of three (3%) percent of the amount of the
��. Performance Bond or Irrevocable Letter of Credit required by
paragraph 39 of this Resolution, which bond or .letter of credit
shall be posted prior to the signing of the Site Plan by the
Mayor, and the reasonable cost of any and all independent
it consultants and inspectors deemed necessary by the Village Board
�i related to the project; and -
I� 26. BE IT FURTHER RESOLVED, that the Board of Trustees reserves
the right for the Board or its designee to make a final field
inspection of the site before issuance of a permanent
Certificate of Occupancy for the final building. The purpose of
this final inspection is to review the development and to insure
li the Applicant: has complied with all site plan conditions and
j! details set forth herein. The Applicant shall maintain all.
'! elements of the approved site plan Including Landscaping in a
i! neat, viable and healthy condition; and
!! 27. BE IT FURTHER RESOLVED, that .if the Applicant fails to
comply with any of the conditions with respect to maintenance,
drainage and landscaping, the Village Board of Trustees may
'.I direct compliance with the site plan conditions to be performed
within 20 days or in the event of an emergency, within 24 hours,
by an outside independent contractor and the cost of the
services shall become a charge against the land, enfor.cenb.l.e in
the same manner as a tax le.i.n; and
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26. BE IT FURTHER RESOLVED, that in the event that any delays
affecting the project occur, which delays nre outside the
i! control of the Applicant, including but not: limited to delays on
the part of other governmental agencies, the Applicant may apply
to the Village of Rye Rrook for an extension of time of the.
period during which the Instant Site Plan, Subdivision and PUD
Zone Approval shall remain In effect, and the village of Rye
it Brook agrees that it shall not unreasonably withhold granl.i.ng
.i such an extension for the time of, such delay; and
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29. BE IT FURTHER RESOLVED, that notwithstanding anything to
the-contrary in this Resolution, this Site Plan, subdivision and
i. PUD Zoning Approval shall remain In full force and affect
provided that each of the following conditions have been
I _ complied with by the Applicant: (a) excavation and completion
of the foundation of one of the buildings occurs within five
years of the date that this approval resolution .is filed with
the Village Clerk; and (b) Carol Management, on an annual
basis, commencing at the beginning of the second year from the.
!� date the band or letter of credit required by paragraph 39
herein is posted, and thereafter, at the beginning of each of
the subsequent years, supplements all bonds or letters of
credits posted for the faithful performance of: the construction
of roads and the installation of public utilities and other
public improvements by Increasing the amount of each such bond
or irrevocable letter of credit by the CPS for the New Yorlc
Metropolitan Area. These supplements shall be
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'i approved by the Village Attorney and shall be .in addition to any
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� supplements required by any other provision in this Resolution;
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li 30. BE IT FURTHER RESOLVED, that all bonds and/or letters of
li credit posted by the Applicant .in connection with this
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Resolution shall be released upon the Applicant's satisfactory
completion of the improvements required thereby. The Village
Engineer shall certify that said improvements have been -
-li satisfactorily completed prior to the release of the bonds or
letters of credit; and
�I 31. BE IT FURTHER RESOLVED, that the site plan shall include
1; therein, the following designation and legend:
"This Site Plan, Subdivision and PUD Zoning Approval shall
be subject to all requirements and conditions of the
Resolution of the Village of Rye Brook dated August 10.,
i' 1990 and all prior approval resolutions relating to the
premises"; and
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32. BE IT FURTHER RESOLVED, that the developer, .its heirs,
assigns and successors shall be obligated to provide copies of
all Final Site Plan and Subdivision Approval Resolutions to
j every purchaser of this premises or any portion thereof, except
i, that the Applicant shall not be required to furnish the
purchasers of residential units with any resolutions other than
�~ those related to the residential development; and
33. BE IT FURTHER RESOLVED, that this Resolution of Final Site.
Plan Approval shall lapse if the Final. Site Plan has not been
i' filed in the office of the Westchester County Clerk within six
(6) months after the date of this Resolution; and -
ii 39. BE IT FURTHER RESOLVED, that except as modified by the
II terms of this Resolution, the prior Resolutions concerning the
subject premises shall remain in full force and effect; and
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35. BE IT FURTHER RESOLVED, that the Resolution shall be
' binding on the Applicant, .its heirs, successors and assigns, and
II upon the Village of Rye Brook, its heirs, successors and
assigns; and
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35. BE IT FURTHER RESOLVED, that the Applicant shall execute an
Indemnification agreement in a form acceptable to the Village
Attorney, indemnifying and holding the Village of Rye Brook, its
officials, directors and employees harmless from any and all
claims, expenses and damages arising from or relating to
activities involving this approval, which indemnity shall
.include the obligation by the Applicant to defend the Village of -
Rye Brook, its officers, directors and employees against any
lawsuits or administrative proceedings arising or related to
such activities. In addition, the Applicant shall name the
Village of Rye Brook as an additional insured on its insurance
policies to the extent of this indemnification; and
37. BE IT FURTHER RESOLVED, that the entire complex is subject
to and governed by the provisions of the Village of Rye Brook's
Tree Ordinance, Local Law No. 5 - 1989; and
38. BE IT FURTHER RESOLVED, that within three (3) years of the
completion of the development, the Applicant shall prepare and
submit to the Village for signature by the Mnyor of the village
of Rye Brook an amended Subdivision Plat showing the as-built
locations of each of the individual res.idential lots, which pial:
shall be signed without any further heating being required,
provided that such as-built lots neither deviate by more than
five (5) feet in any direction from the location shown on the
original Subdivision Plat, nor extend beyond the golf course
-' safety line; and
39. BE IT FURTHER RESOLVED, that the applicant shall obtain a
Bond or an Irrevocable Letter of Credit for the faithful
performance of the installation of the infrastructure, including
but not limited to the improvements involving the sewage, water
and drainage systems, and the roadways. The initial sum of said
' Bond or Irrevocable Letter of: Credit shall be fixed by the
Village Director of Public Works. Said Instrument shall be in a
form acceptable to the Village Attorney. The amount of said
Bond or letter of Credit shall be increased annually pursuant to
the provisions of paragraph 29(b) of this Resolution. Said Bond
or Irrevocable Letter of Credit shall remain in full force and
effect until the terms of. the Site Plan, Subdivision and PUD
Zone Approval set forth in this Resolution have been fully
complied with by the applicant, which compliance shall be
determined by the Village Board. The Bond or Letter of Credit
shall be furnished to the Village prior to the signing of the
Plat by the Mayor.
40. BE IT FURTHER RESOLVED, that the applicant shall provide
the first floor elevation of all units so ns to establish the
maximum heights of the dwellings as permitted .in the Village
Zoning Ordinance.
8iaie of Neill Work
190010ii of Mrstrllesler as.:
Vltllage of KHr Nrauh
I herebycedifythatlhis is the ResoluHon ndopled bylhe Donnl ofi'ruslecs oflhe Viilapc of
Rye Brook which was duly pnssed by said Ilonrd on .........Apglls,t_,I4.,._.,..,,..,,__, 19%t..
IN WIT"NESS WFfEREOF.I have hercunlosel myhnnd and nMxcd the Scat nNbc%Nnngc
of Rye Brook,th is.....15...day of..................................................Av us..... ........
C.............
'� 611!{!01$vil Lies(lrrk
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August 14, 1990
RESOLUTIONS
2. AWARDING CONTRACT #9002
FOUR-WHEEL DRIVE DUMP TRUCK WITH PLOW
RESOLUTION
CONTRACT #9002
FOUR-WHEEL DRIVE DUMP TRUCK WITH PLOW
on Motion made by Trustee Smith, seconded by Trustee Mendicino,
with a unanimous vote of the Board the following Resolution was
adopted:
WHEREAS, on Wednesday, July 25, 1990, three (3) bids for the
above Contract were publicly opened and read; and
WHEREAS, the Director of Public Works has reviewed all the
proposals and recommends that the Contract be awarded to the
lowest responsible bidder; and
WHEREAS, Russell Chevrolet of Fairfield Connecticut, is the
lowest bidder meeting all the specifications;
NOW, THEREFORE, BE IT RESOLVED, that Russell Chevrolet of
Fairfield, Connecticut, be and they hereby are awarded Contract
#9002, for furnishing and delivering one (1) Four-Wheel Drive
Dump Truck with Plow, to the Village of Rye Brook; and
BE IT FURTHER RESOLVED, that the Village Administrator be and
he hereby is authorized to enter into said contract with Russell
Chevrolet of Fairfield, Connecticut, for the purchase of one (1)
Four-Wheel Drive Dump Truck with Plow, at the bid price of
$23,452.00.
Administrator Russo added that the Dump Truck to be purchased
has a crewcab which accomodates a total of six people.
3. AWARDING CONTRACT # 9003
JOHN DEERE 544E LOADER EQUIPMENT
Administrator Russo pointed out that a few items were not
included in this contract: a spare tire, and a 3.5 cubic yard
bucket in addition to the standard bucket that comes with it.
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August 14, 1990
RESOLUTION
CONTRACT. # 9003
Equipment for John Deere 544E Loader
On Motion made by Trustee Filipowski, seconded by Trustee Smith,
with a unanimous vote of the Board the following Resolution was
adopted:
WHEREAS, on August 1, 1990, bid proposals were publicly
opened and read, for the above contract; and
WHEREAS, one bid was received from K.C. Canary, Incorporated
of Clifton Park, New York; and
WHEREAS, the Director of Public Wor$s has reviewed the
documents and has made a recommendation thereto;
NOW, THEREFORE, BE IT RESOLVED, that K.C. Canary Incorporated
of Clifton Park, New York be and they are awarded Contract #
9003, for furnishing and delivering a 3.5 cubic yard bucket and
spare tire and wheel for a John Deere 544E Loader, to the
Village of Rye Brook; and
BE IT FURTHER RESOLVED, that the Village Administrator be and
he hereby is authorized to enter said Contract with K.C. Canary,
Incorporated of Clifton Park, New York, for the Contract amount
of $7,165.00.
4. AWARDING CONTRACT #9004
FURNISHING, PRINTING, AND DELIVERING T - SHIRTS AND OTHER
SPORTWEAR
RESOLUTION
AWARDING OF CONTRACT # 9004
T-SHIRTS AND SPORTSWEAR
On Motion made by Trustee Smith, seconded by Trustee Ravich with
a unanimous vote of the Board the following Resolution was
adopted:
WHEREAS, proposals for the furnishing, printing and delivery
of T-shirts and sportswear, as set forth in the specifications,
were mailed to six vendors; and
WHEREAS, the .items in the bid proposals consisted of
individual unit price bids; and
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iAugust 14, 1990
WHEREAS, on Wednesday, August 8, 1990 the two bids received
were publicly opened and read, and thereafter reviewed by the
Superintendent of Recreation;
NOW, THEREFORE, BE IT
RESOLVED, that Kenmar, Inc. 1578 White Plains Road Bronx, NY,
is hereby awarded Items # 4A, 2B, 13 and 14 of Contract #9004 at
the unit prices bid in their contract document; and
RESOLVED, that Sports Cellar of 167 Purchase Street, Rye, NY
is hereby awarded Items # 1A, 2A, 3A, 1B, 3B, through 12 of
Contract # 9004 at the unit prices bid in their contract
document; and
FURTHER RESOLVED, that the Village Administrator is hereby
authorized to execute all agreements in connection to contract
#9004 for the purchase of said items.
5. WESTCHESTER COUNTY COMPOST EQUIPMENT CIRCULATION PROGRAM
RESOLUTION
WESTCHESTER COUNTY COMPOST
EQUIPMENT CIRCULATION PROGRAM
On Motion made by Trustee Ravich, seconded by Trustee Smith,
with a unanimous vote of the Board the following Resolution was
adopted:
WHEREAS, The County of Westchester is conducting a Composting
Equipment Circulation Program whereby the County will provide
the Village of Rye Brook with specialized composting equipment
and trained operation personnel; and
WHEREAS, said equipment consists of a Compost Shredder and
Compost Turner; and
WHEREAS, the County of Westchester will charge the Village of
Rye Brook for use of said equipment at a rate of $278.68 per day
for the Compost Shredder with a transportation charge of $124.35
and a charge of $480.13 per day for the Compost Turner with a
$176.77 transportation charge; and
WHEREAS, the County of Westchester has waived payment for
Refuse Disposal District #1 for the first term of this contract
commencing on September 1, 1990 and terminating on December 31,
1991;
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August 14, 1990
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye
Brook, in an effort to continue a successful composting program
hereby agrees to enter a contract with the County of
Westchester; and be it
FURTHER RESOLVED, that the Village Administrator is hereby
authorized, this 14th day of August 1990, to execute said
contracts in order for the Village of Rye Brook to rent this
equipment on an as needed basis.
6. WESTCHESTER COUNTY MUNICIPAL RECYCLING/LOAN GRANT PROGRAM
RESOLUTION
WESTCHESTER COUNTY
MUNICIPAL RECYCLING LOAN/GRANT PROGRAM
On Motion made by Trustee Smith, seconded by Trustee Ravich,
with a unanimous vote of the Board the following Resolution
was adopted:
WHEREAS, the County of Westchester, through it's Board of
Legislators, has approved a second phase of the recycling
loan/grant program which will enable municipalities that did not
receive the maximum amount of $10,000 through it's first phase
to reapply for additional funding; and
WHEREAS, the Village of Rye Brook received an amount of
$6,353.00 under the first phase of this program; and
WHEREAS•, the Village of Rye Brook is eligible to receive
additional funding in the amount of $3,647.00;
NOW, THEREFORE, BE IT;
RESOLVED, that the Village of Rye Brook hereby approves this
application for additional funding; and be it
FURTHER RESOLVED, that the Village Administrator be authorized
to execute said contract supporting this second phase of the
County of Westchester's Loan/Grant Program; and be it
FURTHER RESOLVED, that these monies will be applied toward
the enhancement and expansion of the recycling program of the
Village of Rye Brook specifically by contributing toward the
purchase of additional recycling boxes to be used in conjunction
with our Village-Wide Recycling Program.
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August 14, 1990
7. WESTCHESTER COUNTY DIRECT PAYMENT PROGRAM
RESOLUTION
WESTCHESTER COUNTY
DIRECT PAYMENT PROGRAM 1990
On Motion made by Trustee Smith, seconded by Trustee Ravich,
with a unanimous vote of the Board the following Resolution was
adopted:
I
WHEREAS, the County of Westchester, Division of Solid Waste,
has developed a Direct Payment Program for 1990; and
WHEREAS, said program will allow for a $1.7 per ton rebate for
each ton of reduced solid waste delivered to the District #1
system; and
WHEREAS, the County of Westchester will provide an additional
payment of $5 per ton of reduction if the Village of Rye Brook
provides for Composting;
NOW, THEREFORE, BE IT;
RESOLVED, that the Village of Rye Brook shall endorse
participation in the Direct Payment Program sponsored by the
Westchester County Division of Solid Waste; and be it
FURTHER RESOLVED, that the Village Administrator is hereby
authorized to enter into agreement with the County of
Westchester to participate in this recycling program.
8. SALE OF SURPLUS EQUIPMENT
RESOLUTION
SALE OF SURPLUS EQUIPMENT
On Motion made by Trustee Smith, seconded by Trustee Ravich,
with a unanimous vote of. the Board the following Resolution was
adopted:
WHEREAS, the Director of Public Works of the Village of Rye
Brook has deemed the following equipment listed below as surplus
equipment; and
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August 14, 1990
I
WHEREAS, the Village of Rye Brook is desirous of obtaining the
highest resale value of such vehicles.
NOW, THEREFORE, BE IT
RESOLVED, that the Village Board of the Village of Rye Brook
hereby declares the following equipment as surplus; and
FURTHER RESOLVED, that the Village Board hereby authorizes the
Village Administrator to provide for such sales as described in
the New York State General Municipal Law and to enter into such
sales with prospective buyers as deemed necessary.
1. 1972 Allis Chalmer Loader
Serial # 2049
2. 1982 Chevrolet Caprice
Serial # 2G1AL69L9C1164425
3. 1984 Chevrolet Caprice
Serial 4 2G1AL6966E9259619
4. 1984 Chevrolet Caprice
Serial # 2G1AL6966E9260172
Director of Public Works explained to the Board that the
vehicles are auctioned off after an ad is run in the Newspaper.
9. COUNTY OF WESTCHESTER URBAN COUNTY COOPERATION AGREEMENT
Administrator Russo explained that the following Resolution
represents a renewal of the program that the Village is both a
member of currently and has been for the past three years. It
provides, based on population, additional funding from the
federal government into the county to improve areas in need. We
are helping the County simply by being a member in this
program.
RESOLUTION
COUNTY OF WESTCHESTER
URBAN COUNTY COOPERATION AGREEMENT
RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK
TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF
WESTCHESTER FOR THE PURPOSE OF UNDERTAKING A
COMMUNITY DEVELOPMENT PROGRAM.
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August 14, 1990
On Motion made by Trustee Ravich, seconded by Trustee Smith with
a unanimous vote of the Board 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 and amendments and Housing and
Community Development Act of 1980 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 other 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 general welfare of
the inhabitants of such municipal corporation; and
WHEREAS, the Community Development act of 1974 and amendments
and Housing and Community Development Act of 1980 and any
"Eligible Activities" thereunder are not inconsistent with the
statutes or Constitution of the State; and
WHEREAS, the County of Westchester has determined that it is
desirable and in the public interest that it make such
application for Community Development Block Grant Funds as an
Urban County; and
WHEREAS, participation by the County of Westchester as an
urban County in the Community Development Program requires that
the Village of Rye Brook and the County of Westchester cooperate
in undertaking, or assist 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
NOW, THEREFORE, BE IT RESOLVED, that this Board deems it to be
in the public interest for the Village of Rye Brook to renew a
Cooperation Agreement with the County of Westchester for the
aforesaid purposes; and be it
FURTHER RESOLVED, that said Agreement shall remain in
full-force and effect during the three program years covered by
the application, commencing with Fiscal Year 1991, Fiscal Year
1992 and Fiscal Year 1993 provided that said application is
approved by the United States Department of Housing and Urban
Development and provided that it is not otherwise terminated
pursuant to the requirements of eligibility under federal law;
and be it
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001691
' August 14, 1990
FURTHER RESOLVED, that Christopher J. Russo, Village
Administrator be, and he hereby is, authorized to execute a
Cooperation Agreement between the Village of Rye Brook and the
County of Westchester for the purpose of undertaking a Community
Development Program pursuant to the Housing and Community
Development Act of 1974 and amendments and Housing and Community
Development Act of 1980.
10. ST. PAUL'S LUTHERAN CHURCH COMLY AVENUE/KING STREET
APPROVAL OF SUB-DIVISION
I
SET PUBLIC HEARING DATE - SEPTEMBER 18, 1990
On Motion made by Trustee Filipowski, seconded by Trustee Smith,
with a unanimous vote of the Board, the following Resolution was
adopted:
RESOLUTION
ST. PAULS EVANGELICAL LUTHERAN CHURCH
KING STREET/COMLY AVENUE
SECTION 1, BLOCK 8, LOT 4B
RESOLVED, that the Board of Trustees of the Village of Rye
Brook, hereby sets Tuesday, September 18, 1990 at 8:00 p.m. at
the Village Offices, 90 South Ridge Street, Rye Brook, N.Y. , as
the date, time and place for a Public Hearing to consider an
application submitted by St. Paul's Evangelical Lutheran Church
for sub-division of property owned at Comly Avenue/King Street,
and also known as Section 1, Block 8, Lot 4B; and be it
FURTHER RESOLVED, that the Village Clerk is hereby authorized
to publish the Notice of Public Hearing in the official
Newspapers of the Village of Rye Brook.
Randy Solomon, a resident questioned exactly what it is they are
planning. Mayor Cresenzi replied that they are putting in
residential housing on the site. It has already been before the
Planning Board for review and is now before the Village Board
for a Public Hearing.
Trustee stated that it was an extension of the Culdesac going
towards King Street.
11. REFERRAL TO THE PLANNING BOARD
MURRAY SUB-DIVISION APPLICATION
6 HAWTHORNE AVENUE
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August 14, 1990
RESOLUTION
REFERRAL TO PLANNING BOARD
On Motion made by Trustee Smith, seconded by Trustee Ravich,
with a unanimous vote of the Board the following Resolution was
adopted:
RESOLVED, that the enclosed application for sub-division by
Peter Murray of 6 Hawthorne Avenue be hereby referred to the
Planning Board for hearing and recommendation, and be it
FURTHER RESOLVED, that the applicant shall be required to
continue contributing to the Environmental Impact Account for
planning and other consultant reviews.
Attorney Beane pointed out that this referral was being made
pursuant to the decision of the Supreme Court of Westchester
County, Mr. Murray, by a letter to the Board dated July 30, 1990
designated the particular plan that he wished to have referred
to the Planning Board, and that is the plan that is being
referred. The plan is D-1 and dated January 4, 1989 and related
May 9, 1989.
Attorney Beane also stated, for the record, that subsequent to
the designation of this plan, Mr. Murray delivered nne copy of a
certified plan by a professional engineer to the 'Tillage Office
and this plan is on file. We are referring the plan, which Mr.
Murray asked be referred, to the Planning Board.
Attorney Beane explained that if this 6 lot plan were to be
adopted-it would yield 12 dwelling units. These dwelling units
plus the existing house will total 13 dwelling units. The plan
Mr. Murray is showing has 7 lots. We are now referring this
plan to the Planning Board.
The Village of Rye Brook was told to comply with a court order
to call for a special meeting of the Planning Committee.
Attorney Beane explained that the entire stipulation of the
Court is that the entire property is in an R2F Zone.
To date, no appeal has been filed. Attorney Beane explained
that the Court directed that we act on the application, not that
we take a particular action, but that we act on the application
within 45 days, and 45 days runs out on September 5, 1990.
This is why we need to schedule a special Planning Board and
Village Board Meeting.
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August 14, 1990
Mayor Cresenzi, in response to an inquiry by Mr. Heller, stated
that we are working within the Court order right now in
establishing dates and hearings that are necessary to comply
with Judge Silverman's order.
Mayor Cresenzi stated that Administrator Russo must direct the
Planning Board to hold a special meeting to review this plan in
order to comply with the court order.
Mayor Cresenzi called for a motion to set a Public Hearing on
the Murray Sub-division Application.
RESOLVED, that on Motion made by Trustee Filipowski, seconded
by Trustee Ravich, with a unanimous vote of the Board, a Public
Hearing for the Murray Sub-division Application, 6 Hawthorne
Avenue, is set for Tuesday, September 4, 1990.
Ken Heller, a resident questioned whether or not the Planning
Board must accept this plan or is the plan only to be referred
to them.
Mayor Cresenzi stated that the plan is only to be referred,
reviewed, and modified by the Planning Board. The only
stipulation by the Court is that the entire property is in the
R2F Zone.
12. PERSONNEL MATTERS
RESOLUTION
1990-91 Compensation
Non-Union Employees
RESOLVED, that the following list of salaries for the fiscal
year commencing June 1, 1990, be hereby approved as
indicated:
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August 14, 1990
Director of Public Works: $58,500
Ass't. Building Inspector: $36,000
Int. Typist/Acct. Clerk-DPW: $30,000
Systems Operator-Treas. Office: $30,500
Bookkeeper: $30,500
Supt. of Recreation: $47,800
Inter. Typist-Recreation: $21,000
Sr. Parks Attendant: $31,000
Parks Attendant: $29,000
Administrator: $69,500
Secy, to Administrator: $26,800
(effective 3/1/90)
Police Chief $59,998
*Recreation Leader Step System:
Start Step 1 Step 2 Step 3 Step 4
$22,500 $24,566 $25,302 $26,061 $26,843
*Two current Recreation Leaders will receive 6% raise
and/or step increase based on length of service.
13. CHECK REGISTER
RESOLUTION
CHECK REGISTER
On Motion made by Trustee Filipowski, seconded by Trustee Smith,
with a unanimous vote of the Board, the following Resolution was
adopted:
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: #1012-1190
Hand Checks: #9701-9721
Payroll Checks: #1955-2060
NOW, THEREFORE, BE IT
RESOLVED, that this Board hereby approves payment of the
above-mentioned claims and authorizes payment thereof.
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August 14, 1990
i
APPROVAL OF MINUTES
i
14. JUNE 12, 1990
i 15. JUNE 26, 1990
On Motion made by Trustee Ravich, seconded by Trustee Daly, with
a unanimous vote of the Board, the Minutes of June 12, 1990 and
June 26, 1990 were unanimously approved as presented.
it Attorney Beane stated that there are two Local Laws that we
would like to schedule Public Hearings for on Tuesday, September
18, 1990 entitled Local Law #2 - 1990: "Abandoned Vehicles" and
Local Law #3 - 1990: "Demolition of Buildings and Structures".
I
On Motion made by Trustee Smith, seconded by Trustee Filipowski,
with a unanimous vote of the Board the following Resolution was
adopted:
RESOLVED, that a Public Hearing will be held on Thursday,
September 18, 1990 to review Local Law #2 - 1990 entitled:
"Abandoned Vehicles".
on Motion made by Trustee Ravich, seconded by Trustee Smith,
with a unanimous vote of the Board the following Resolution was
adopted:
RESOLVED, that a Public Hearing will be held on Thursday,
September 18, 1990 to review Local Law #3 - 1990 entitled:
"Demolition of Structures".
NEXT MEETING DATES
REGULAR MEETING - SEPTEMBER 18, 1990
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August 14, 1990
Joe Pellino, a resident questioned the timetable for completion
of the Lincoln Avenue construction project. Rocco Circosta,
Director of Public Works stated that they are replacing a gas
line, and that within a week, the major construction would be
gone from the site.
ADJOURNMENT
On Motion made by Trustee Ravich, seconded by Trustee
Filipowski, with a unanimous vote of the Board, the meeting
adjourned into Executive session at 9:25 p.m. to discuss a brief
personnel matter.
Respectfully submitted,
1,A9(((tr �C l
Elizabeth Czajk k —
Secretary to the Village Board
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