HomeMy WebLinkAbout1997-04-08 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES -- AGENDA MEETING
AT 938 KING STREET
TUESDAY, APRIL 8, 1997
7:30 P.M.
PLEDGE OF ALLEGIANCE
ACTION:
PUBLIC HEARINGS:
1. TENTATIVE 1997-1998 VILLAGE OF RYE BROOK
BUDGET.
2. PROPOSED LOCAL LAW INTRODUCTORY#6
AMENDING THE RYE BROOK VILLAGE CODE IN
RELATION TO STREET EXCAVATIONS.
RESOLUTIONS:
3. ANNUAL ORGANIZATIONAL RESOLUTIONS.
4. CHECK REGISTERS.
WRITTEN COMMUNICATIONS:
5. SY TARSHIS, TRAFFIC COMMISSION CHAIRMAN:
REGARDING TRAFFIC ON GRANT STREET.
6. JOHN HALEY,ZONING BD. OF APPEALS MEMBER:
ANNOUNCING HIS RESIGNATION FROM THE ZONING
BOARD OF APPEALS.
DISCUSSION:
7. COMPLETENESS OF DEIS, HIGH POINT VILL. PROJ.
NEXT MEETING DATES:
REGULAR MEETING APRIL 24, 1997
AGENDA MEETING MAY 13, 1997
006386
MINUTES OF AN AGENDA MEETING
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
VILLAGE OFFICES 938 KING STREET
RYE BROOK, NEW YORK
APRIL 8, 1997
CONVENE MEETING
The Meeting was called to order at 7:35 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of
Allegiance followed.
The following members of the Board of Trustees were present:
Mayor Salvatore M. Cresenzi
Trustee Joseph Pellino
Trustee Eugene R. Strum
Trustee Nancy Stein Tunis
Trustee Gary J. Zuckerman
Village staff attending the meeting were:
Village Administrator Christopher J. Russo
Village Attorney Kenneth E. Powell
Assistant to the Administrator Richard C. Slingerland
Secretary to the Village Board Lisa B. Marinaccio
Chief of Police Robert J. Santoro
Village Treasurer Joseph Cortese
Christian K. Miller, Planning Consultant, F.P. Clark& Associates
Fire Chief William Dee McCluskey
First Deputy Treasurer Diane Di Santo
Second Deputy Treasurer Cathy Spinosa
PUBLIC HEARINGS:
1. TENTATIVE 1997-1998 VILLAGE OF RYE BROOK BUDGET:
Administrator Russo said the tentative budget must be filed by March 20th, the Board must approve it by
May 1 st, and the budget would take effect June 1 st. The first chart was titled"Decline of State Revenue
Shared With Localities." Administrator Russo said since 1988, the Village has lost $600,000 in revenue
from State reductions and this occurrence has been plaguing local governments. The next chart was
titled "Reductions in Assessed Value." Administrator Russo said that in the course of 10 years, the
Village has lost $1.7 million. Regarding the third chart, "Assessed Value," he said the Village's assessed
value peaked at $66 million in 1986-1987, and that it would continue to decrease. Today, the Village is
assessed at about $50 million. The next chart was titled"Budget Appropriations" and Administrator
Russo said it included the capital budget and budget paybacks such as tax certiorari. The budget
appropriations have grown about 5.2% per year. The next chart was titled "Expenditures in Service" and
Administrator Russo said there wasn't much change in this area. Public Safety had the greatest
expenditures and other charts showed a.more detailed breakdown of several departments. Regarding a
chart entitled "Fire Contract Expenditure," Administrator Russo said that growth had been stabilized
006386
April 8, 1997
because of the Village's new fire contract. The increase has been about 5% per year and the increase
would peak at 6% per year in two years. The next chart was titled "Legal Expenses," and Administrator
Russo spoke about the fire lawsuit which cost the Village $14,000 so far this year and the federal lawsuit
which the Village won. The latter cost the Village $70,000. $56,000 had been spent so far in attorney
fees. He also spoke about the Jackson Case which was 12.9% of the Village's legal expenses. In this
case, a man in a state prison filed a civil rights lawsuit against two of the Village's policemen. The
insurance company denied the Village coverage, but it should have covered the Village. The Village is
defending the policemen and is filing claim against the insurance company.
The next chart was titled"Recreation Trust& Agency" and Administrator Russo spoke about the Pine
Ridge Playground costing about $58,000, including some extra materials such as mulch for the new
playground. The swings would cost another $8,000. Regarding the"Interest Earnings" chart, he said
that there was a tax levy increase because of a decrease in revenues. Interest earnings had dropped to
about $200,000 because of tax certiorari paybacks reducing the money to invest. He said that tax
increases had been averaging about 4% per year.
The next chart was titled "Where Your Tax Dollar Goes". Administrator Russo said that 18% of the tax
dollar went to running the Village and 2% went to the maintenance account. The rest went to the
Schools and the County. He also said that the estimated increase would be $11.09 per $1000 of assessed
value. He added that Rye Brook has the second lowest tax burden out of 20 operating villages of similar
size in Westchester County.
Proceeding to the actual budget document, Mr. Russo said there was an increase of about $30,000 for
the Village attorney because of additional legal services and fees. Regarding the Village offices, there
was a small decrease because of rearranging staff and the fact that the Village no longer pays rent. In
terms of the central garage, there was a $16,000 increase because the Village sells fuel to the Ambulance
Corps, the schools, the Town of Rye, and the Fire Department. However, these additional costs would
be off-set by the revenue from the sales. Also, the diesel truck maintenance and parts are more
expensive. There was an increase of about $10,500 in central communications for items such as voice
mail, modems, and other supplies. Under special items, there was an increase of about $120,000 in
judgements and claims to the Hilton and other paybacks, including Rye Ridge Condominiums. Additional
consulting fees were incurred for planning, zoning, and legal text items. He said there had been some
computer and equipment updating for the Police Department, and an increase in part-time staff salary. In
terms of recreation, a part-timer was added and there was an increase in program leader numbers for the
day camp. Regarding the Port Chester Library, the Village had been paying more than its original part of
the formula which was 30% (70% of the funding should come from Port Chester). There was a slight
increase in Employee Benefits because of a small increase in Social Security based on payroll. Bonding
increased because of$100,000 of debt service on the new Village Hall which was off-set by past rent.
Under capital, a fuel tracking system would be put in, trailer mounted leaf loader would be replaced, one
to two vehicles would be replaced, road and sidewalk improvements would occur, and road resurfacing
would occur in front of the new Village Hall and at Harkness Park. In addition, a large truck was added
to BAN, there would be major sewer line replacements occurring near Rock Ridge Road, and the sewer
flush truck would be replaced.
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April 8, 1997
Trustee Strum asked about an increase in debt service due to bonding and the fact that the Village no
longer pays rent. Administrator Russo said that as of last year, the Village paid $90,0004100,000 in
rent. He added that rent would have increased by 75% to an annual cost of about $200,000 annually.
Trustee Tunis asked about the Port Chester Library and if the Port Chester Board had continued to give
flat contributions. Administrator Russo said that the formula still had not been restored and that the
Village of Rye Brook was paying $21,000 more than the 70/30 split.
Trustee Zuckerman asked what would happen if the heating system broke in the Port Chester Library.
Trustee Tunis said that the system was very old and had been repaired several times. She added that it
probably would not last the next winter. Trustee Pellino said that the Library Board applied for a
community development grant for the heating system since the grant fell through, then they would have
to match the funds given by Rye Brook. They had not matched the funds.
Mayor Cresenzi asked about having a work session the following Tuesday. The Board unanimously
agreed to close the public hearing. The Board also unanimously agreed to schedule a work session for
April 15th at 7:30 p.m. Mayor Cresenzi also said that they needed a resolution to change a meeting date
from April 22nd to April 24th because of Passover. The Board unanimously agreed to change the
meeting date to Thursday, April 24, 1997.
2. PROPOSED LOCAL LAW INTRODUCTORY #6 AMENDING THE RYE BROOK
VILLAGE CODE IN RELATION TO STREET EXCAVATIONS:
Mayor Cresenzi said that many companies such as the water company or Con Edison open Village streets
to conduct repairs. He added that the workmanship is sometimes poor and that the Village had to clean
up mistakes and pay for additional repairs. He also said that before Vincent Tamburro, the Village's
former Building Inspector, left the Village, they decided that a set of regulations and standards had to be
created to protect Village streets.
Ken Powell said there was a provision in the Rye Brook code on street excavations. They introduced a
period of maintenance which stated that anyone who opened a street and filled it up must guarantee that
it didn't settle for 12 months. An amendment stating that smaller outfits could make a $10 per square
foot deposit guaranteeing that the street opening would be okay. The deposit allows the Village to use
the money if it had to do work to repair the poor workmanship that the street had previously undergone.
Mr. Tamburro said that the guidelines provided for the final restoration of the streets. He went on to
review the different types of renovations such as asphalt renovations and concrete renovations.
Trustee Zuckerman asked about the deposit cash bond of$10 per square foot. He felt that it was small.
Mr. Tamburro said that it was a substantial amount and that it was about 30%-35% above the cost of
replacement.
Trustee Pellino asked about manhole covers. Mr. Tamburro said manholes are a normal maintenance
issue and are not included in the amendments.
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April 8, 1997
The Board unanimously closed the hearing and asked Ken Powell to draft a resolution for the April 24th
meeting.
RESOLUTIONS:
3. ANNUAL ORGANIZATIONAL RESOLUTIONS:
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
ANNUAL ORGANIZATIONAL MEETING
RESOLUTIONS
1997
DECLARATION OF ELECTION OF BOARD OF TRUSTEES
RESOLVED, that Joseph Pellino of 8 Terrace Court is hereby declared elected to the office of Trustee
of the Village of Rye Brook for a two (2)year term of office; and be it
FURTHER RESOLVED, that Eugene R. Strum of 308 Betsy Brown Road is hereby declared elected to
the office of Trustee of the Village of Rye Brook for a two (2)year term of office; and be it
FURTHER RESOLVED, that said terms of office are effective at noon on the 1st Monday of April
1997.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
APPOINTMENT OF THE VILLAGE ADMINISTRATOR
RESOLVED, that Christopher J. Russo, of 14 Jennifer Lane is hereby appointed Village Administrator
for the Village of Rye Brook for the next ensuing official year.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
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006389
April 8, 1997
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
APPOINTMENT OF VILLAGE ATTORNEY
RESOLVED, that Kenneth E. Powell of the law firm of Ponzini, Spencer and Geist is hereby appointed
as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the terms of
g Y g Y g
the retainer agreement.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
APPOINTMENT OF VILLAGE CLERK
RESOLVED, that Christopher J. Russo of 14 Jennifer Lane is hereby appointed Village Clerk for the
Village of Rye Brook for a two-year term.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
APPOINTMENT OF VILLAGE TREASURER
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006300)
April 8, 1997
RESOLVED, Joseph Cortese of 10 Deer Run is hereby appointed as Village Treasurer for the Village of
Rye Brook for a two (2) year-term.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
APPOINTMENT OF REGISTRAR OF VITAL STATISTICS
RESOLVED, that Frances Nugent, Registrar of Vital Statistics for the Town of Rye, is hereby appointed
as the Registrar of Vital Statistics for the Village of Rye Brook for the next ensuing official year.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
APPOINTMENT OF RECEIVER OF TAXES
RESOLVED,that Hope Vespia, Receiver of Taxes for the Town of Rye, is hereby appointed as the
Receiver of Taxes for the Village of Rye Brook for the next ensuing official year.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
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April 8, 1997
RESOLUTION
APPOINTMENT OF VILLAGE ASSESSOR
RESOLVED, that William Wendlandt, Assessor for the Town of Rye, is hereby appointed as the
Assessor for the Village of Rye Brook for the next ensuing official year.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
DESIGNATION OF DEPUTY VILLAGE TREASURERS
RESOLVED,that Diane DiSanto of 98 Lakeview Avenue, Scarsdale, New York, is hereby appointed as
First Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year; and be it
FURTHER RESOLVED, that Catherine M. Spinosa of 28 Division Street, Rye Brook, is hereby
appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRE SENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHTS
RESOLVED, that the second (2nd) Tuesday of each and every month is hereby designated as the
Agenda Meeting night of the Village of Rye Brook Board of Trustees; said meeting to commence at 7:30
p.m.; and be it
FURTHER RESOLVED, that the fourth (4th) Tuesday of each and every month is hereby designated as
the Regular Meeting night of the Village of Rye Brook Board of Trustees; said meeting to commence at
7:30 p.m.
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April 8, 1997
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
DESIGNATION OF SIGNATORIES
RESOLVED, the Mayor, the Village Administrator and the Village Treasurer are hereby authorized to
sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it
FURTHER RESOLVED, that bank transfers from one account to another can be made by telephone by
any one of the above named signatories or by Catherine M. Spinosa, followed by written confirmation to
the bank in accordance with the Village's Investment Policy.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
DESIGNATION OF DEPOSITORIES
RESOLVED, that the Bank of New York, Chase Bank, First Union National Bank, Hudson Valley Bank
and Fleet Bank are hereby designated as depositories for the Village of Rye Brook.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
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April 8, 1997
RESOLUTION
DESIGNATION OF OFFICIAL NEWSPAPERS
RESOLVED, that the Daily Item or the Westmore News or the Sound Shore Review are hereby
designated as the official Newspapers of the Village of Rye Brook for the next ensuing official year.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
FRIENDS OF RYE BROOK, INC.
RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a
not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from
prospective grantors in support of qualifying activities of the Village.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
RE-ADOPTION OF RULES OF PROCEDURE
OF BOARD OF TRUSTEES
RESOLVED, that the rules of procedure of the Board of Trustees as adopted for the previous Village
official year are hereby re-adopted and promulgated for the Village official year commencing the first
Monday of April, 1997.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
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April 8, 1997
4. CHECK REGISTERS:
On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
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 by the Village Administrator:
On-Line Checks: 15806-15904
Pre Paid: 15631-15804
Capital: 2692- 2703
Environmental: 169
Medicare: 15906-15933
NOW, THEREFORE, BE IT
RESOLVED, that this Board hereby approves payment of the above mentioned claims and authorizes
payment thereof.
TRUSTEE STRUM VOTING AVE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
WRITTEN COMMUNICATIONS:
5. SY TARSHIS TRAFFIC COMMISSION CHAIRMAN: REGARDING TRAFFIC ON
GRANT STREET:
Mayor Cresenzi said that the consultants the Village hired found no impacts on traffic for the Grant
Street project. He also asked the Traffic Commission to do a review to find solutions to current traffic
problems and impacts. The Traffic Commission found no solutions at that time.
6. JOHN HALEY ZONING BOARD OF APPEALS MEMBER: ANNOUNCING HIS
RESIGNATIONS FROM THE ZONING BOARD OF APPEALS:
John Haley resigned as of April 15, 1997.
DISCUSSION:
7. COMPLETENESS OF DEIS, HIGH POINT VILLAGE PROJECT:
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006390
April 8, 1997
A public hearing on the High Point Village Project would be held on May 13, 1997. Mr. Christian Miller
of F.P. Clark& Associates said that he went over the documents and made some revisions. He also sent
out a notice of completion according to SEQR. The purpose of the review was to make sure that the
document was complete to scope content and adequacy.
On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
ADOPTION OF NOTICE OF COMPLETION
OF DRAFT ENVIRONMENTAL IMPACT STATEMENT
AND SCHEDULING A PUBLIC HEARING
HIGH POINT VILLAGE PUD APPLICATION
WHEREAS, on or about October 22, 1996, the Board of Trustees of the Village of Rye Brook received
a petition from the High Point Village Company ("Petitioner") requesting, among other things, that the
premises known as Section 1; Block 3; Lots IAl, IA2 and 1132, as shown on the tax assessment map of
the Village of Rye Brook, be rezoned from the current OB zone designation to a PUD zone; and
WHEREAS, on November 26, 1996 the Board of Trustees adopted a resolution confirming the Village
Board's lead agency designation and adopting a SEQR positive declaration, and on January 7, 1997,
finalized a scoping document for the Draft Environmental Impact Statement (DEIS) after a public
scoping session, which was held on December 16, 1996; and
WHEREAS, the DEIS submitted by the Petitioner has been examined by Village consultants, as well as
the Board of Trustees, and the Board of Trustees reviewed the completeness of the document with
Frederick P. Clark Associates, the Village's Planning Consultant, at its March 25, 1997 meeting; and
WHEREAS,by memoranda dated April 3, 1997 and April 4, 1997, respectively, Leonard Jackson
Associates, Village Consulting Engineer, and Frederick P. Clark Associates, Village Planning Consultant,
recommended that the Village Board find the DEIS submitted by Petitioner to be complete in accordance
with SEQRA Regulations; and
WHEREAS, based on these recommendations, together with its own independent analysis, the Board of
Trustees, as lead agency, is now satisfied that the DEIS is adequate for public review, and therefore, will
now adopt a notice of completion for, and schedule a public hearing on, the DEIS.
NOW, THEREFORE, BE IT
RESOLVED, that the accompanying Notice of Completion of Draft EIS and Notice of SEQR Public
Hearing dated April 8, 1997, for the High Point Village PUD Application, which will include the
Scheduling of a SEQRA public hearing on the DEIS for Tuesday, May 13, 1997 at 7:30 p.m. in the
Village Meeting Room, is adopted; and it is
FURTHER RESOLVED,that the Village Clerk is directed to publish, distribute and file this notice in
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April 8, 1997
accordance with the State Environmental Quality Review Act.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
Mayor Cresenzi announced the next meeting dates. There being no further business, he adjourned the
meeting at 9:05 p.m.
Respectfully Submitted,
Christopher J. Russo
Village Administrator/Clerk
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