MINUTES REGULAR MEETING OF THE BOARD OF TRUSTEES VILLAGE OF MONTICELLO, N.Y. TUESDAY, JULY 5, 2005

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MINUTES REGULAR MEETING OF THE BOARD OF TRUSTEES VILLAGE OF MONTICELLO, N.Y. TUESDAY, JULY 5, 2005 MEETING TO ORDER Mayor Barnicle called the meeting to order at 7:02 p.m. PLEDGE TO THE FLAG Roll Call Upon call of the roll, the following were: Present: James Barnicle, Mayor Gordon Jenkins, Trustee Victor, Marinello, Jr. Trustee Brian VanDermark, Trustee Absent: Scott Schoonmaker, Trustee Also Present: Richard Sush, Village Manager Tim Havas, Deputy Village Attorney Sue Flora, Code Enforcement Officer William Van Hage, Police Lt. Betsy Conaty, Director of Parks & Recreation APPROVAL OF MINUTES OF REGULAR BOARD MEETING OF JUNE 20, 2005 AND JOINT MEETING OF JUNE 21, 2005 A motion was made by Trustee Jenkins, seconded by Trustee Marinello, unanimously approved on a roll call vote to adopt the minutes of the Village Board regular meeting of June 20, 2005 and the Joint Town/Village meeting of June 21, 2005 as presented. BUSINESS OF THE QUARTER RIALTO LIQUORS MT. MALL Trustee VanDermark had chosen businessman Freda Aber owner of Rialto Liquor located in Mt. Mall on East Broadway as the businessperson of the quarter.

OLD BUSINESS Government Center Fire Mayor Barnicle thanked all the fire departments who responded to the recent fire at the Government Center. Dillon Road Pool Mayor Barnicle announced that the Village s pool located on Dillon Road is now opened for the summer. MANAGER S REPORT 1. As you know, I ve asked the police department to crack down on moving vehicle violations. Chief Solomon will prepare a report to show us how many tickets were issued since we began this operation and we will compare it to the numbers from the past. I will share this with the Board when it s ready. 2. We are beginning some street paving projects. Lloyd Lane and Atwell Lane between Patricia and Park will be paved as will West Broadway between Route 42 and 17B. If there is any money left after doing those streets, we will continue to pave in other areas. 3. I ve written to the NYS DOT to ask them to install some kind of sign in the middle of Broadway telling motorists that they must stop in both directions for a pedestrian in a crosswalk. At present, signs exist on the sides of the roads, but we ve seen signs in other areas that are bolted directly to the roadway. We would like to have such signs for Broadway. I have not heard back from the DOT as yet. PUBLIC HEARING WITH RESPECT TO ADOPTION OF PROPOSED LOCAL LAW NO. 5 OF 2005 WHICH WOULD AMEND SECTION 252 OF THE VILLAGE CODE TO ALLOW PARKING ON THE WEST SIDE OF WASSER WAY FOR ROAD TEST APPLICANTS ONLY Mayor Barnicle opened the public hearing at 7:12 p.m. 2

The Clerk explained that presently parking is not allowed on the West side and this local law would reserve that side of Wasser Way for road test applicants only. As there were no further comments Mayor Barnicle closed the public hearing at 7:14 p.m. RESOLUTION DECLARING THE INTENT OF THE VILLAGE OF MONTICELLO TO SEEK LEAD AGENCY STATUS WITH REGARD TO STATE ENVIRONMENTAL QUALITY REVIEW WITH REGARD TO THE ADOPTION OF PROPOSED LOCAL LAW NO. 5 OF 2005 WHEREAS, the Board of Trustees of the Village of Monticello ( Village ), wishes to consider adoption of proposed Local Law No. 5 of 2005, entitled A Local Law Amending Section 252-23 of the Village Code to Allow Parking on the West Side of Wasser Way for Road Test Applicants Only ; and WHEREAS, the proposed action appears to be an unlisted action pursuant to part 617 of the implementing regulations pertaining to article 8 State Environmental Quality Review Act ( SEQRA ); and WHEREAS, a draft of a short form Environmental Assessment Form ( EAF ) has been completed; and WHEREAS, the Board of Trustees of the Village has identified other involved agencies; and WHEREAS, the Board of Trustees of the Village desires to assume lead agency status for the proposed action. NOW THEREFORE BE IT RESOLVED, by the Board of Trustees of the Village of Monticello, that the Village shall declare its intent to seek lead agency status with regard to State Environmental Quality Review, regarding adoption of proposed Local Law No. 5 of 2005, entitled A Local Law Amending Section 252-23 of the Village Code to Allow Parking on the West Side of Wasser Way for Road Test Applicants Only ; and be it 3

FURTHER RESOLVED, by the Board of Trustees of the Village of Monticello, that the Village Clerk is hereby authorized to notify other involved agencies of the Village s intent to seek lead agency status and provide each with a copy of the draft EAF. A motion was made by Trustee Marinello, seconded by Trustee VanDermark, unanimously approved on a roll call vote to adopt the above resolution. PART II OF THE ENVIRONMENTAL ASSESSMENT FORM LOCAL LAW NO. 5 OF 2005 AMENDING SECTION 252 OF THE VILLAGE CODE TO ALLOW PARKING ON THE WEST SIDE OF WASSER WAY FOR ROAD TEST APPLICANTS ONLY The Village Board reviewed Part II of the Environmental Assessment Form and found no environmental impacts. RESOLUTION DECLARING A NEGATIVE DECLARATION BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MONTICELLO IN REGARD TO LOCAL LAW NO. 5 OF 2005 WHEREAS, the Board of Trustees of the Village of Monticello has submitted a proposed Local Law No. 5 of 2005, entitled A Local Law Amending Section 252-23 of the Village Code to Allow Parking on the West Side of Wasser Way for Road Test Applicants Only ; and WHEREAS, it appears that said local law involves an unlisted action; and WHEREAS, the Board of Trustees of the Village of Monticello has pursuant to part 617 of the implementing regulations pertaining to article 8 State Environmental Quality Review Act (SEQRA) determined by that adoption of said proposed Local Law appears to constitute an unlisted action; and WHEREFORE, Board of Trustees of the Village of Monticello has completed a short Environmental Assessment Form ( EAF ). NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Monticello has given consideration to the attached short EAF prepared in connection with the proposed 4

Local Law No. 5 of 2005 entitled A Local Law Amending Section 252-23 of the Village Code to Allow Parking on the West Side of Wasser Way for Road Test Applicants Only ; and BE IT FURTHER RESOLVED, that the Board of Trustees of said Village does hereby determine that proposed Local Law would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQRA; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. A motion was made by Trustee VanDermark, seconded by Trustee Marinello, unanimously approved on a roll call vote to adopt the above resolution. RESOLUTION AUTHORIZING ADOPTION BY THE VILLAGE BOARD OF THE VILLAGE OF MONTICELLO OF LOCAL LAW NO. 5 OF 2005 WHEREAS, a resolution was duly adopted by the Village Board of the Village of Monticello for a public hearing to be held on July 5, 2005, at 7:00 p.m. at Village Hall, 2 Pleasant Street, Monticello, New York 12701 to hear all interested parties on a proposed Local Law entitled A Local Law Amending Section 252-23 of the Village Code to Allow Parking on the West Side of Wasser Way for Road Test Applicants Only ; and WHEREAS, notice of said public hearing was duly advertised in the Sullivan County Democrat, the official newspaper of said Village, on June 24, 2005; and WHEREAS, said public hearing was duly held on July 5, 2005, at 7:00 p.m. at Monticello Village Hall, 2 Pleasant Street, Monticello, NY and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to part 617 of the implementing regulations pertaining to article 8 State Environmental Quality Review Act (SEQRA) it has been determined by the 5

Board of Trustees of said Village that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Board of Trustees of the Village of Monticello, after due deliberation, finds it in the best interest of said Village to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Monticello hereby adopts said Local Law No. 5 of 2005, entitled A Local Law Amending Section 252-23 of the Village Code to Allow Parking on the West Side of Wasser Way for Road Test Applicants Only ; and be it further RESOLVED, that the Village Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Village of Monticello, and to give due notice of the adoption of said Local Law to the Secretary of State of New York. A motion was made by Trustee VanDermark, seconded by Trustee Jenkins, unanimously approved on a roll call vote to adopt the above resolution. PUBLIC HEARING WITH RESPECT TO ADOPTION OF PROPOSED LOCAL LAW NO. 6 OF 2005 AMENDING SECTION 252-47 OF THE VILLAGE CODE BY CLOSING A PORTION OF BELMONT DRIVE Mayor Barnicle opened the public hearing at 7:17 p.m. Athena Fingers Bellamy a resident of Colonial Hill Apartments indicated that she is against this proposal because in the wintertime you cannot safely drive up or down that road and it would hamper deliveries of any type such as oil, mail, etc. If Belmont Drive is closed there is no an alternate route should Harvey Road be inaccessible for any reason. She felt that the safety of the 90 families that live at Colonial Hill Apartments is being jeopardized. Jay Raskin felt that it is a dire necessity not a convenience to have Belmont Drive opened to traffic. 6

The Mayor explained that the Church has offered to give the Village the 200 of roadway; however, the Village cannot accept it because does not meet Village specifications. Elaine Streisfeld explained that she has lived on Colonial Hill since 1945, and developed all the private homes in that area. She understands the residents of Belmont Drive frustration with the traffic on Belmont Drive; it is horrendous with the speeding vehicles which could be enforced. Ms. Streisfeld quoted from the Village Code that says that all lands within the Village which have been used by the public as street for 10 years or more continuously shall be a street with the same force and effect as if it had been duly laid out and recorded as such. She felt that this road has been maintained from Belmont Drive to Harvey Road for more than 30 years, and therefore it belongs to the Village. She read the following list of problems that would arise for her if Belmont Drive were to be closed: 1. Oil Deliveries 2. Gas Deliveries 3. Garbage Removal 4. Snow Removal 5. Mail Deliveries 6. Emergency Vehicles 7. School Buses Numerous residents of Colonial Hill Apartments voiced their opposition to the closing of Belmont Drive for similar reasons, especially access during the winter months when the Harvey Road hill is slippery. Robert Bellamy explained that he has spoken with Eric Davidson, the Project Supervisor, as well as the Church Supervisor based in Utah, and they have been told that the Church has offered, from the beginning, to develop Belmont Drive wider and better than it ever was and dedicate it entirely to the Village at no cost to the municipality. He felt that this is a chance to improve the Village and make sure that the safety of the residents is protected at no cost to the taxpayers. 7

Stanley Levinson, a resident of Colonial Hill for 50 years and travels Harvey Road in the summer and winter has never had a problem negotiating that hill. He noted that the Church closed the road without notifying the Village or the nearby residents. He explained that everyone was able to manage to get where they were going during the winter months when the road was closed. In his opinion the road should be closed as it is a speed trap, it has not been maintained by Village as a number of years ago he blacktopped portion of the roadway. He felt the Church will not put that street in its proper condition with the proper foundation, the proper curbs, the proper sidewalks and the proper lights that a Village should have when the a street is turned over to the municipality. Patty Gregory felt the road should remain open because of the dangerous conditions on the steep incline on Harvey Road. She noted that her husband is a firefighter and needs the second access to respond to fires in the wintertime. The manager of Colonial Hill Apartments was concerned about the 90 families that live in that complex. She felt that it is a necessity to have an alternative route so these people can get home safely. She questioned whether the police and fire department have given their opinions as to whether it is safe to close the roadway. She indicated that she will get the police, fire and ambulance call records to prove that many times emergency vehicles are forced to use Belmont Drive in bad weather as Harvey Road is impassible. Michael Levinson questioned whether the Village was ever notified when the roadway was originally closed or that it would be seven months before it could be reopened. Barbara Shapiro noted that other steep hill streets do get closed down during the winter months and she felt that Harvey Road should also be closed down because of the steepness. 8

Gene Weinstein explained that he lives on Belmont Drive and was prepared to ask that the roadway remain closed; however after hearing the comments from concerned residents that the roadway remains open, he now feels that some traffic controls are necessary such as a traffic signal, stop signs or yield signs. He felt that the vehicles coming in and out of the apartments are speeding and throwing trash on lawns and the tenants should be reminded to obey all the laws. The Mayor directed the Village Manager to consult with Chief of Police for his recommendations regarding traffic safety controls in that area. Trustee VanDermark suggested that the Manager of Colonial Hill Apartments send a letter to each tenant reminding them to be good neighbors, not to speed, throw trash, etc. The Village Manager reported that he had received a phone call earlier today from the Church s landscape architect and he requested that the Board adjourn this public hearing to the next meeting so the Church can have some representation at this hearing to give their views on the matter. He also read a letter from their attorneys of Kirton & McConkie, Esqs., Salt Lake City, Utah: This firm represents Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints ( CPB ), which owns a church meetinghouse on or near Belmont Drive, in Monticello, New York. I just learned about one hour ago that the Village of Monticello will be considering the possible abandonment of a portion of Belmont Drive at a Village Board meeting this evening. Because I did not receive notice until late, CPB will not be able to have a representative at the hearing tonight. (CPB has previously worked with Marty Miller in Monticello, and we would have retained him to appear at this hearing, but his schedule will not permit him to attend tonight.) 9

CPB is opposed to the proposed abandonment of Belmont Drive. We are concerned about possible safety issues. Although I am not personally familiar with the geography, I understand that Belmont Drive is used to access both CPB s property and a nearby apartment project. The other accesses to these properties are much steeper than Belmont Drive and could be dangerous (or perhaps even impassible) when there is snow and ice on the streets. CPB requests that the Village obtain input and recommendations from the police and fire departments before considering abandoning any portion of this street. Thank you for your consideration of this matter. Signed William A. Meaders, Jr. Trustee Marinello suggested that speed signs be posted and possibly speed bumps on Belmont Drive to slow traffic and have the roads patrol by the police for traffic violations. Trustee Jenkins felt that the church should take the responsibility on bringing the road up to Village specifications, especially since they created most of the problems and should be good neighbors. Trustee VanDermark explained that his stipulation would be that the Church would have to bring the roadway up to Village Code and specifications and then it could remain open. As there were no further comments, Mayor Barnicle adjourned the public hearing at 8:10 p.m. to be continued on Monday, July 18, 2005 at 7 p.m. PUBLIC HEARING WITH RESPECT TO ADOPTION OF PROPOSED LOCAL LAW NO. 7 OF 2005 TO AMEND THE VEHICLE AND TRAFFIC CODE, SECTION 252-13 ENTITLED STOP INTERSECTIONS DESIGNATED OF EAST DILLON ROAD AND WOOD AVENUE AS A STOP INTERSECTION IN BOTH DIRECTIONS OF TRAVEL Mayor Barnicle opened the public hearing at 8:14 p.m. 10

Harry Brantz was concerned that no one obeys traffic signs and something should be done about it. The Village Manager explained that Temple Sholom has requested that this intersection become a 4 Way Stop Intersection because they have witnessed some dangerous situations. He has also consulted with the Chief of Police and he concurred that the additional Stop signs should be installed because of the limited sight distance in a couple of directions. As there were no further comments, Mayor Barnicle closed the public hearing at 8:17 p.m. A RESOLUTION DECLARING THE INTENT OF THE VILLAGE OF MONTICELLO TO SEEK LEAD AGENCY STATUS WITH REGARD TO STATE ENVIRONMENTAL QUALITY REVIEW WITH REGARD TO THE ADOPTION OF PROPOSED LOCAL LAW NO. 7 OF 2005 WHEREAS, the Board of Trustees of the Village of Monticello ( Village ), wishes to consider adoption of proposed Local Law No. 7 of 2005, entitled A Local Law Amending Section 252-13 of the Village Code Designating the Intersection of East Dillon Road and Wood Avenue as a Stop Intersection in Both Directions of Travel ; and WHEREAS, the proposed action appears to be an unlisted action pursuant to part 617 of the implementing regulations pertaining to article 8 State Environmental Quality Review Act ( SEQRA ); and WHEREAS, a draft of a short form Environmental Assessment Form ( EAF ) has been completed; and WHEREAS, the Board of Trustees of the Village has identified other involved agencies; and WHEREAS, the Board of Trustees of the Village desires to assume lead agency status for the proposed action. NOW THEREFORE BE IT RESOLVED, by the Board of Trustees of the Village of Monticello, that the Village shall declare its intent to seek lead agency status with regard to State 11

Environmental Quality Review, regarding adoption of proposed Local Law No. 7 of 2005, entitled A Local Law Amending Section 252-13 of the Village Code Designating the Intersection of East Dillon Road and Wood Avenue as a Stop Intersection in Both Directions of Travel ; and be it FURTHER RESOLVED, by the Board of Trustees of the Village of Monticello, that the Village Clerk is hereby authorized to notify other involved agencies of the Village s intent to seek lead agency status and provide each with a copy of the draft EAF. RESOLVED, by the Board of Trustees of the Village of Monticello, that the Village shall declare its intent to seek lead agency status with regard to State Environmental Quality Review, regarding adoption of proposed Local Law No. 7 of 2005, entitled A Local Law Amending Section 252-13 of the Village Code Designating the Intersection of East Dillon Road and Wood Avenue as a Stop Intersection in Both Directions of Travel ; and be it FURTHER RESOLVED, by the Board of Trustees of the Village of Monticello, that the Village Clerk is hereby authorized to notify other involved agencies of the Village s intent to seek lead agency status and provide each with a copy of the draft EAF. A motion was made by Trustee VanDermark, seconded by Trustee Marinello, unanimously approved on a roll call vote to adopt the above resolution. PART II OF THE ENVIRONMENTAL ASSESSMENT FORM LOCAL LAW NO. 7 OF 2005 TO AMEND THE VEHICLE AND TRAFFIC CODE, SECTION 252-123 ENTITLED STOP INTERSECTIONS DESIGNATED OF EAST DILLON ROAD AND WOOD AVENUE AS A STOP INTERSECTION IN BOTH DIRECTIONS OF TRAVEL The Village Board reviewed Part II of the Environmental Assessment Form and found no environmental impacts. 12

RESOLUTION DECLARING A NEGATIVE DECLARATION BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MONTICELLO IN REGARD TO LOCAL LAW NO. 7 OF 2005 WHEREAS, the Board of Trustees of the Village of Monticello has submitted a proposed Local Law No. 7 of 2005, entitled A Local Law Amending Section 252-13 of the Village Code Designating the Intersection of East Dillon Road and Wood Avenue as a Stop Intersection in Both Directions of Travel ; and WHEREAS, it appears that said local law involves an unlisted action; and WHEREAS, the Board of Trustees of the Village of Monticello has pursuant to part 617 of the implementing regulations pertaining to article 8 State Environmental Quality Review Act (SEQRA) determined by that adoption of said proposed Local Law appears to constitute an unlisted action; and WHEREFORE, Board of Trustees of the Village of Monticello has completed a short Environmental Assessment Form ( EAF ). NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Monticello has given consideration to the attached short EAF prepared in connection with the proposed Local Law No. 7 of 2005 entitled A Local Law Amending Section 252-13 of the Village Code Designating the Intersection of East Dillon Road and Wood Avenue as a Stop Intersection in Both Directions of Travel ; and BE IT FURTHER RESOLVED, that the Board of Trustees of said Village does hereby determine that proposed Local Law would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQRA; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. 13

A motion was made by Trustee Marinello, seconded by Trustee VanDermark, unanimously approved on a roll call vote to adopt the above resolution. RESOLUTION AUTHORIZING ADOPTION BY THE VILLAGE BOARD OF THE VILLAGE OF MONTICELLO OF LOCAL LAW NO. 7 OF 2005 WHEREAS, a resolution was duly adopted by the Village Board of the Village of Monticello for a public hearing to be held on July 5, 2005, at 7:00 p.m. at Village Hall, 2 Pleasant Street, Monticello, New York 12701 to hear all interested parties on a proposed Local Law entitled A Local Law Amending Section 252-13 of the Village Code Designating the Intersection of East Dillon Road and Wood Avenue as a Stop Intersection in Both Directions of Travel ; and WHEREAS, notice of said public hearing was duly advertised in the Sullivan County Democrat, the official newspaper of said Village, on June 24, 2005; and WHEREAS, said public hearing was duly held on July 5, 2005, at 7:00 p.m. at Monticello Village Hall, 2 Pleasant Street, Monticello, NY and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to part 617 of the implementing regulations pertaining to article 8 State Environmental Quality Review Act (SEQRA) it has been determined by the Board of Trustees of said Village that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Board of Trustees of the Village of Monticello, after due deliberation, finds it in the best interest of said Village to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Monticello hereby adopts said Local Law No. 7 of 2005, entitled A Local Law Amending Section 252-14

13 of the Village Code Designating the Intersection of East Dillon Road and Wood Avenue as a Stop Intersection in Both Directions of Travel ; and be it further RESOLVED, that the Village Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Village of Monticello, and to give due notice of the adoption of said Local Law to the Secretary of State of New York. A motion was made by Trustee Marinello, seconded by Trustee VanDermark, unanimously approved on a roll call vote to adopt the above resolution. RESOLUTION AUTHORIZING THE INCREASE OF TAXI FARES WHEREAS, the Cab Companies within the Village of Monticello have requested an increase of taxi fares due to increases in insurance rates, maintenance costs and gasoline prices; and, WHEREAS, the Board of Trustees have discussed this matter and asked for public opinion of users of these cabs. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Monticello do hereby authorize all the cab companies within the Village of Monticello to increase their taxi fares by $.25 for each zone as follows: Zone Fare Amount A $5.00 B $5.25 C $5.50 D $5.75 A motion was made by Trustee Marinello, seconded by Trustee VanDermark, unanimously approved on a roll call vote to adopt the above resolution. RESOLUTION APPROVING BUDGET TRANSFERS WHEREAS, the Village of Monticello has adopted its annual budget for the 2004/05 fiscal year; and, 15

WHEREAS, the Village will incur expenditures that exceed the adopted line item amounts authorized by the Village Board of Trustees, and; WHEREAS, there are revenues that exceeded budgetary amounts and/or expenditure line items that may be reduced. NOW, THEREFORE BE IT RESOLVED, that the following line items are increased/decreased as adopted, and the Village Treasurer is directed to make the following modifications to the annual budget: [See attached]. A motion was made by Trustee Marinello, seconded by Trustee VanDermark, unanimously approved on a roll call vote to adopt the above resolution. RESOLUTION AUTHORIZING THE MAYOR OF THE VILLAGE OF MONTICELLO TO SIGN AN EASEMENT AGREEMENT WITH TEMPLE SHOLOM FOR THE PURPOSES OF CONSTRUCTING AND MAINTAINING A RECHLORINATION STATION FOR THE BENEFIT OF THE RESIDENTS OF THE VILLAGE OF MONTICELLO WHEREAS, the Village of Monticello ( Village ) has determined that it is necessary to construct, operate and maintain a rechlorination station on East Dillon Road to prevent dissipation of chlorine in the water for Village residents in the Miller Hill area and the Monticello Schools; and WHEREAS, the proposed location of the rechlorination station is on property belonging to Temple Sholom on East Dillon Road; and WHEREAS, in order to obtain an easement for the Village s construction, operation and maintenance of said rechlorination station, it will be necessary for the Mayor of the Village to execute and record an easement agreement between Temple Sholom and the Village; and WHEREAS, the Board of Trustees of the Village of Monticello finds that it is in the best interest of the Village of Monticello to authorize the Mayor to sign an easement 16

agreement with Temple Sholom for the purposes of constructing, operating and maintaining a rechlorination station for the benefit of the residents of the Village of Monticello; NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Board of Trustees of the Village of Monticello 1. That the Mayor of the Village of Monticello shall be and hereby is authorized to sign an easement agreement with Temple Sholom for the purposes of constructing and maintaining a rechlorination station for the benefit of the residents of the Village of Monticello, the final form of which to be approved by the Village Attorney; and 2. That this resolution shall be effective immediately upon signature of the Village Clerk. A motion was made by Trustee Marinello, seconded by Trustee Jenkins, unanimously approved on a roll call vote to adopt the above resolution. AWARDING OF BID PARK AVENUE WATERLINE REPLACEMENT PROJECT A motion was made by Trustee VanDermark, seconded by Trustee Marinello, unanimously approved on a roll call vote to award the bid to C.A. Phillips, in the amount of $142,000, for the Park Avenue Waterline Replacement Project. ORDERING BILL PAID A motion was made by Trustee Marinello, seconded by Mayor Barnicle, unanimously approved of the bills audited by the Auditing Committee of the Board of Trustees and appearing on the Abstracts of the bills herewith submitted are ordered paid. 17

CORRESPONDENCE The Village Manager read a letter from Ellen Golnick, daughter of the last Joseph Wasser thanking the Board for naming a street in his name. Mayor Barnicle announced that a tentative date of August 5 th has been chosen, however it must be coordinated with the convenience of the Wasser family. PUBLIC COMMENT Summit & Wood Conditions Harry Brantz was concerned with debris near the apartment complex on Summit and Wood Avenue. Traffic Enforcement Harry Brantz suggested that the youth could better enforce both the traffic laws and the property maintenance laws. Gift Taking Barbara Burton did not feel the Village should have accepted a $32,000 donation from Mighty M Gaming to help pay for an officers salary. Taxi Parking Barbara Burton is talking to Walmart to have several space reserved for taxicabs to park waiting for fares. EXECUTIVE SESSION At 8:37 p.m., a motion was made by Trustee VanDermark, seconded by Trustee Marinello, unanimously approved on a roll call vote to move into Executive Session to discuss an personnel issues involving particular individuals and labor negotiations. 18

RECONVENING THE REGULAR VILLAGE BOARD MEETING At 8:48 p.m., a motion was made by Trustee VanDermark, seconded by Trustee Marinello, to reconvene the Regular Village Board meeting. RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MONTICELLO APPROVING PROMOTIONS WITHIN THE POLICE DEPARTMENT OF THE VILLAGE OF MONTICELLO WHEREAS, a vacancy in the positions of Sergeant and Lieutenant are required to be filled; and WHEREAS, Police Officer Daniel Oldfield has taken the Civil Service test for the Police Sergeant position, passed said test and scored within the top three (3) of those who have passed; and WHEREAS, Sergeant Roger Bisland, Jr., has taken the Civil Service test for the Police Lieutenant position, passed said test and scored within the top three (3) of those who have passed; and WHEREAS, the Chief of Police has recommended the promotion of Police Officer Oldfield to the open Sergeant s position and Sergeant Bisland to the open Lieutenant s position; and WHEREAS, the Board of Trustees of the Village of Monticello finds that it is in the best interest of the residents of the Village of Monticello to approve said promotions. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Board of Trustees of the Village of Monticello 1. THAT the Board of Trustees of the Village of Monticello does hereby approve the promotion of Officer Oldfield to the position of Sergeant and Sergeant Bisland to the position of Lieutenant within the Police Department of the Village of Monticello; and 2. THAT these positions become effective as of August 1, 2005. 19

A motion was made by Trustee Marinello, seconded by Trustee Jenkins, unanimously approved on a roll call vote to adopt the above resolution. EXECUTIVE SESSION At 8:49 a motion was made by Trustee Marinello, seconded by Trustee Jenkins, unanimously approved on a roll call vote to move back into Executive Session to discuss personnel issues involving particular individuals. ADJOURNMENT At 9:30 p.m., a motion was made by Trustee Jenkins, seconded by Trustee Marinello, unanimously approved on a roll call vote to adjourn the Regular Village Board meeting. EDITH SCHOP, Village Clerk 20