Loading...
HomeMy WebLinkAbout2015-09-08 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 8, 2015 AGENDA 7:00 P.M. —EXECUTIVE SESSION: Non-Union Compensation 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING: 1) Considering an application by Bowridge Realty, LLCX for approval of an amended site plan for FAH housing, subdivision (lot merger) and extension of FAH zoning designation at 80 Bowman Avenue, Parcel I.D. 125.35-1-11. PUBLIC HEARINGS: 1) Considering a local law to amend Chapter 126 and adopt Chapter 127 of the Code of the Village of Rye Brook governing firearms and fireworks 2) Considering a local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding Professional Offices RESOLUTIONS: 1) Considering a local law to amend Chapter 126 and adopt Chapter 127 of the Code of the Village of Rye Brook governing firearms and fireworks 2) Considering a local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding Professional Offices Board of Trustees September 8,2015 Page 1 of 35 3) Considering a request for funding for the 2015 Columbus Day Celebration 4) Considering cancelling a public hearing on a proceeding pursuant to the Eminent Domain Procedure Law to condemn real property located at 528 Ellendale Avenue 5) Considering accepting the donation of a generator. 6) Considering non-union compensation and modifying benefits. 7) Considering modifying Village policies and procedures. 8) Considering rejecting the bids for Contract #15-15: Pine Ridge Basketball Court resurfacing project. 9) ADDED - Considering the use of Village Streets for a block party on Valley Terrace. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: September 24 and October 13, 2015 BOARD: Trustee Susan R. Epstein Trustee David Heiser Trustee Jason A. Klein Deputy Mayor Jeffrey B. Rednick Excused: Mayor Paul S. Rosenberg Board of Trustees September 8,2015 Page 2 of 35 VILLAGE STAFF: Christopher Bradbury, Village Administrator Sarah Bledsoe, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Deputy Mayor Jeffrey Rednick welcomed everyone to the Tuesday, September 8, 2015 Board of Trustees meeting. He noted that the Board just came from an executive session where they discussed non-union compensation. He noted that Mayor Rosenberg was excused from the meeting. Deputy Mayor Rednick called for the first item on the agenda: AFFORDABLE HOUSING: 1) Considering an application by Bowridge Realty, LLCX for approval of an amended site plan for FAH housing, subdivision (lot merger) and extension of FAH zoning designation at 80 Bowman Avenue, Parcel I.D. 125.35-1- 11. Anthony Federico, the applicant's architect, addressed the Board. He noted that the applicants have gone back to Affordable Housing plans. They have reviewed the plans with County of Westchester and decided to go back to the plan approved November 27, 2012. The County requires a site plan approval by the end of the year. The applicant is not sure that this could happen, but they will make their best effort. The one bedroom apartments were small, and would have been hard to sell. The number of units remains the same but the one bedroom units have gone from 650 square feet to 750 square feet to make them more desirable to a buyer. This puts that total square foot footage of the foot print 850 square feet larger than the original plans. The Planning Board will review the plans. Drawings presented to the Board shows dotted lines which depicts buildings approved and what is being requested. One of the buildings has been Barber Place. This building is a six unit building. The additional square footage per apartment made the building larger but the applicant has maintained original layout. The ten unit building faces the parking lot. Board of Trustees September 8,2015 Page 3 of 35 Deputy Mayor Rednick questioned how the setbacks have changed. Mr. Federico reviewed the changes and noted that the additional setback on Bowman Avenue allows for additional landscaping. Trustee Heiser questioned the height of the buildings. Mr. Federico noted that they will be 30'. The roof line has been flattened out. There is a pitch on the sidelines. The plans have improved on the original six unit building. Mr. Christopher Bradbury, Village Administrator, asked for a review of all changes. Mr. Federico noted that this is the most recent set of plans and they reflect all of the changes. Now the bottom line is timing. The additions are fairly minor. The site plans have changed very little. The goal is to show the Planning Board the plans on Thursday, September 10th. The Board of Trustees is the final approval authority and the Public Hearing is set and held by the Board of Trustees. Ms. Marilyn Timpone Mohamed, Village Consultant, noted that the plan layout for the new buildings is better. The upper floors have terraces. The site plan needs a little work in terms of pedestrian circulation as there should be paths from the front door to the sidewalk. Some of the landscaping will have to be rearranged to add these paths. The Emergency Services has already reviewed the plans. There is confidence that the parking layout will work and that emergency services will have full access to the site. The Planning Board must revisit the plans. This plan is as good as it is going to get. Deputy Mayor Rednick noted that he preferred the plans that contained the retail aspect. Trustee Jason Klein noted that he wanted to see a single sidewalk added for circulation. The Planning Board will review the landscaping plan. Ms. Timpone Mohamed noted that the landscaping will be layered. The larger shade trees go first, than the flowers, and finally the shrubs soften the view. Mr. Christopher Bradbury, Village Administrator, read the following Resolution: RESOLUTION REFERRING A REQUEST FOR EXTENSION OF FAH ZONING MAP AMENDMENT, APPLICATION FOR SUBDIVISION APPROVAL AND APPLICATION FOR AMENDED SITE PLAN APPROVAL FOR PROPERTY AT 80 BOWMAN AVENUE TO THE VILLAGE OF RYE BROOK PLANNING BOARD FOR REPORT AND RECOMMENDATION VILLAGE OF RYE BROOK BOARD OF TRUSTEES Board of Trustees September 8,2015 Page 4 of 35 WHEREAS, the Board of Trustees is in receipt of an application by Bowridge Realty, LLC (Frank and Virginia Madonna), for approval of an extension of the Fair and Affordable Housing (FAH) zoning, subdivision application and amended site plan application for sixteen (16) units of affordable housing located at 80 Bowman Avenue, at the intersection of Bowman Avenue and Barber Place, designated as Section 141.27, Block 1, Lots 26, 31 & 32 on the Town of Rye Tax Map and located in the FAH Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for the application pursuant to Village Code §250-26.1.E(2); and WHEREAS, the property at 80 Bowman Avenue was previously the subject of a petition by Bowman Commons, LLC, pursuant to which the property was rezoned from the C-1 Zoning District to the FAH Zoning District by resolution of the Board of Trustees adopted November 27, 2012 which rezoning is scheduled to expire in November 2015 pursuant to Section 250-26.I.E(5) of the Village Code unless otherwise extended for one year by the Board of Trustees upon good cause shown; and WHEREAS, the Board of Trustees, after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be an Unlisted Action pursuant to the State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the above-referenced applications to the Village of Rye Brook Planning Board for review and a report and recommendation. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61, the application shall be referred to Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application and, pursuant to General Municipal Law §239-nn, the proposed local law shall be referred to the Village of Port Chester for comment no less than 10 days prior to the public hearing concerning the application. BE IT FURTHER RESOLVED that the Board of Trustees directs that, pursuant to SEQRA,Notice of Intent to Declare Lead Agency shall be circulated to all Involved Agencies. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the resolution was adopted. Sarah Bledsoe, Assistant to the Village Administrator, called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Board of Trustees September 8,2015 Page 5 of 35 Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye Mr. Federico questioned when public hearings are held as the intent is to have a submission by the end of the year for the Westchester County Planning Department. The public hearing date must be set by the Village Board prior to the hearing and there is the 30 day waiting period for the lead agency. Deputy Mayor Rednick asked that the Board take one agenda item out of order. With the consensus of the Board, he called for item 92 under Resolutions; 3) Considering a request for funding for the 2015 Columbus Day Celebration Ed Sexton, Chairman of the Parade Committee, made his apologies for missing the first meeting He thanked the Board for its support. He noted that this year's Grand Marshall is Scott Moore. He also thanked the Police Department for their support. Mr. Bradbury read the following resolution; RESOLUTION CONSIDERING A VILLAGE CONTRIBUTION TO THECOLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE WHEREAS, the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Celebration Committee NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves that $800.00 be provided to the Columbus Day Celebration Committee for its annual Columbus Day Parade; and be it FURTHER RESOLVED, that the Columbus Day Celebration Committee may use Hawthorne Avenue on Sunday, October 11, 2015 (rain date October 18, 2015) for the Columbus Day Parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the resolution was adopted. Sarah Bledsoe, Assistant to the Village Administrator, called the roll: Board of Trustees September 8,2015 Page 6 of 35 Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye Deputy Mayor Rednick called for the first public hearing: PUBLIC HEARINGS: 1) Considering a local law to amend Chapter 126 and adopt Chapter 127 of the Code of the Village of Rye Brook governing firearms and fireworks On a motion made by Trustee Jason Klein, and seconded by Trustee Susan Epstein the Public Hearing was opened. The roll was called: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye Mr. Bradbury noted that this portion of the Village's Code was outdated. The Building Inspector asked for modification. Now the two issues are separated out. The Board discussed this portion of the Code. Wording changes were requested and the Board deferred to Village Counsel for the amendments. There were no residents in attendance wishing to address this matter. Deputy Mayor Rednick called for a motion to close the public hearing. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser public hearing was closed. Ms. Bledsoe called the roll: Board of Trustees September 8,2015 Page 7 of 35 Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye Resolution #1 was called before the Board: 1) Considering a local law to amend Chapter 126 and adopt Chapter 127 of the Code of the Village of Rye Brook governing firearms and fireworks Mr. Bradbury read the following resolution: RESOLUTION APPROVING A LOCAL LAW TO AMEND CHAPTER 126 AND TO ADOPT CHAPTER 127 OF THE VILLAGE OF RYE BROOK CODE CONCERNING FIREARMS, FIREWORKS AND PYROTECHNICS VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees is considering a local law to amend Chapter 126 and adopt Chapter 127 of the Rye Brook Code; and WHEREAS, the proposed local law will amend Chapter 126 of the Rye Brook Code by updating the provisions governing the carrying and use of firearms and the practice of hunting in the Village of Rye Brook and, further, will update and relocate the provisions governing permits for fireworks and pyrotechnics displays (proposed Chapter 127); and WHEREAS, a duly noticed public hearing was opened on the local law on September 10, 2015, at which time all persons wishing to speak concerning the local law were given such opportunity; and WHEREAS, the Board of Trustees then closed the public hearing on September 10, 2015. NOW THEREFORE, BE IT RESOLVED, that the Rye Brook Board of Trustees hereby adopts the annexed local law amending Chapter 126 and adopting Chapter Board of Trustees September 8,2015 Page 8 of 35 127 of the Rye Brook Code and directs that said local law be filed with the Office of the New York Secretary of State. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser the resolution was adopted. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye Deputy Mayor Rednick called for the second public hearing on the agenda: 2) Considering a local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding Professional Offices On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser public hearing was opened. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye Mr. Bradbury noted that this was a result of the Village's Master Plan. The Bowman and Westchester Avenue corridor should be allowed principal use rather than accessory use. Edward Beane, Esq., Village Counsel noted that the definition of professional office space was expanded. The Village is looking at the Comprehensive Plan in terms of expanding office use. There is an application to validate an office use before the Village. A professional is someone who has advanced training. There are a lot of office uses that Board of Trustees September 8,2015 Page 9 of 35 are purely office uses that would not qualify; for example cleaning services or billing offices. Mr. Bradbury noted that the Planning Board pointed out that there are many different types of professions. Attorney Beane asked for direction from the Board. It is important to make sure that this is an office use and not something else. A use variance would be very hard to get. It was also noted that the word office must be clearly defined. Ms. Timpone Mohamed cautioned that when the definition of office is broadened you broaden what can be considered as an office. The SEQRA documents must be reviewed. Certain offices could generate a lot of traffic. There tends to be a balance between the available parking and the use. What is in the law now is that the lot size must be adequate. Now many lots would not able to maintain an office. Attorney Beane noted that the Comprehensive Plan does not use the word "professionisum." Further discussion and direction was needed. No members of the public wished to address the Board. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser to adjourn the public hearing to October 13, 2015. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye 4) Considering cancelling a public hearing on a proceeding pursuant to the Eminent Domain Procedure Law to condemn real property located at 528 Ellendale Avenue It was noted that the Village has reached an agreement with the owner of the property. Mr. Bradbury read the resolution: Board of Trustees September 8,2015 Page 10 of 35 RESOLUTION CANCELLING A PUBLIC HEARING ON A PROCEEDING PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW TO CONDEMN REAL PROPERTY LOCATED AT 528 ELLENDALE AVENUE VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees (the `Board of Trustees") commenced a proceeding pursuant to the Eminent Domain Procedure Law ("EDPL") to condemn privately-owned real property located at 528 Ellendale Avenue in the Village of Rye Brook for use in connection with the Village of Rye Brook's existing Highway Garage, said premises being described as Section 141.35, Block 2, Lot 38 on the Town of Rye Tax Map ("Property"); and WHEREAS, pursuant to Section 201 of the EDPL, the Village of Rye Brook (the "Village") scheduled a public hearing concerning this proceeding, which public hearing was adjourned to September 22, 2015 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York 10573; and WHEREAS, subsequent to the scheduling of the public hearing, the Village and the owners of said Property have entered into an agreement pursuant to which the property will be conveyed to the Village; and WHEREAS, as a result of that agreement, the proceeding pursuant to the EDPL referenced above no longer is necessary. NOW, THEREFORE, BE IT RESOLVED, that the public hearing adjourned to September 22, 2015 at 7:30 p.m. is cancelled and the proceeding withdrawn. Board of Trustees September 8,2015 Page 11 of 35 On a motion made by Trustee David Heiser and seconded by Trustee Susan Epstein, the resolution was approved and Mrs. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye 5) Considering accepting the donation of a generator. Mr. Bradbury read the following resolution: RESOLUTION ACCEPTING A DONATION OF A GENERATOR WHEREAS, Paul and Deborah Rosenberg have a Coleman Powermate Premium Plus portable electric generator that they wish to donate to the Village for use in the instances of power outages and/or emergencies; and NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby accepts the donation of the generator from Paul and Deborah Rosenberg. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jason Klein, the resolution was adopted. Deputy Mayor Rednick thanked the Mayor and Ms. Rosenberg for their donation. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting a Board of Trustees September 8,2015 Page 12 of 35 6) Considering non-union compensation and modifying benefits. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING COMPENSATION FOR NON-UNION PERSONNEL NOW THEREFORE BE IT RESOLVED that the following compensation be provided to non-union personnel effective June 1, 2015: Title Salary 2015-16 Recreation Leader (Treasury) $63,166 Administrator/Clerk $190,321 Asst. Building Inspector $92,603 Asst. to the Administrator/Intern $59,000 Building Inspector $115,398 Caretaker $41,770 Communications Services Coordinator $85,699 Coordinator- Senior Services/Deputy Clerk $82,256 Deputy Treasurer $101,166 Inter. Acct. Clerk/Typist (Building) $53,321 Intermediate Acct. Clerk $45,204 Office Assistant (Automated Systems) (Police) $52,871 Board of Trustees September 8,2015 Page 13 of 35 Police Chief $154,472 Police Lieutenant $131,632 Recreation Assistant (AJP) $48,237 Recreation Assistant (Rec. Office) $58,782 Recreation Leader (Building)\ $43,754 Recreation Leader (Rec Office) $55,171 Recreation Supervisor $55,182 Secretary to Administrator $67,250 Sr. Office Asst. (Office Mngr.) $55,144 Supt. of Parks & Recreation $98,717 Supt. of Public Works/Engineering $110,000 Treasurer $117,048 AND BE IT FURTHER RESOLVED, that the Police Chief shall receive a one-time bonus of $2,500.00 not to be added to base salary but to be reflective of certain accomplishments of the Police Department in the 2014-15 year including NYS accreditation; and BE IT FURTHER RESOLVED, that the Summary of Non-Union Benefits be modified to reflect either new or modified benefits or procedures, or the documentation of past practices and procedures: L EMPLOYMENT PRACTICES A. HOURS OF WORK The normal work week for regular, full-time, non-management employees is thirty-five (35) hours. The normal hours of business are 8:30 AM—4:30 PM. One hour shall be provided as a lunch break to be taken between the hours of 11:00 A.M. and 2:30 Board of Trustees September 8,2015 Page 14 of 35 P.M. No other official breaks are authorized, although it is understood that employees may need minimal times away from their desks for other purposes (i.e. bathroom, coffee, etc.). Employees leaving their offices for unofficial breaks (other than bathroom breaks) shall notify their supervisor of their location and purpose for the break and these breaks should be kept to a minimum. B. WORK WEEK & PAY CYCLE The work week for full-time employees is Monday through Friday. The work week for part-time employees is also Monday through Friday. The pay cycle for all full-time employees is Thursday through Wednesday, and the pay cycle for all part-time and seasonal employees is Wednesday through Tuesday. C. OVERTIME Any non-management employee who is paid on an annual basis and who is authorized or required to work more than thirty-five (35) hours in any week, may be allowed compensatory time off or, in the discretion of the Department Head, may receive compensation for hours worked in excess of thirty-five (35) hours, but not exceeding forty (40) hours in any week at his normal base pay. Any employee who is paid on an annual basis who is authorized or required to work more than forty (40) hours in any week may be allowed compensatory time off in the same pay period as that in which overtime occurred, or, in the discretion of the Department Head, shall receive overtime compensation for hours worked in excess of forty (40) hours in any week at one and one half times his hourly rate. Overtime pay shall not be paid where compensatory time off can be granted. The amount received as overtime shall be regarded as salary or compensation for the purpose of pension or retirement contribution. Overtime payments are made in accordance with all applicable governmental laws and regulations. D. ATTENDANCE, AND PUNCTUALITY The effectiveness of our operation is greatly dependent upon each employee meeting his or her responsibility to be at work regularly and on time. Besides the increased cost for excessive absenteeism and tardiness, an unfair burden is placed upon other members of the work team, who must adjust their work schedules to cover for those who are absent or tardy. Employees arriving late or leaving early cannot make up their time during their lunch hour except in very rare and extreme cases. Board of Trustees September 8,2015 Page 15 of 35 Excessive absence and lateness shall be grounds for disciplinary action up to and including termination, in accordance with applicable law. Employees are required to call in to their supervisors by 8:30 AM if they will be absent or late on a given day, to provide adequate notice. E. EVALUATION PROCESS Supervision and evaluation are aimed toward increasing the effectiveness of personnel to improve the quality of services to residents. An employee performance evaluation will be conducted at least once a year by his/her Department Head. All new employees shall be given an evaluation after completing six (6) months of service. F. SEPARATION FROM EMPLOYMENT All employees who resign in good standing, retire, or die while still an active employee will be compensated for unused vacation days which have already accrued in the current year or were accrued and carried over from the preceding year with a supervisor's consent, or compensatory time credited to him/her which he/she has not used. If an employee has 10 (ten) years of service as of 6/1/01, he/she must retire from (i.e. begin receiving retirement benefits) or be terminated (i.e. fired, not a resignation) by the Village to receive health insurance coverage. In the event of any employee's death, his/her beneficiary will be entitled to any compensation which would have been received by the employee. Federal law requires most employer sponsored group health plans to offer employees and their families the opportunity to temporarily extend their existing health coverage ("continuation coverage") at their own cost under circumstances when coverage would otherwise end. Any keys, Village Identification Card, and all other Village property issued to the employee must be returned upon termination. An exit interview is required with an employee's Department Head and the Village Administrator. Board of Trustees September 8,2015 Page 16 of 35 G. HOLIDAYS Non-union employees on an annual salary basis shall be given time off for legal holidays which are observed on a work day. The Board of Trustees shall establish the schedule of legal holidays. Currently they are as follows: New Year's Day Labor Day Martin Luther King Day Columbus Day President's Day Veteran's Day Good Friday Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day H. VACATION Regular full-time employees shall be allowed, with the approval of the Department Head as to scheduling, a vacation with pay for such time as provided herein. Such vacation shall be earned based upon years of service. For new employees vacation time shall be accrued at the rate of.8 days per month. Beginning January 1, 2016, all such employees with six months of completed service will be credited with one (1) week of vacation time; all such employees with one to four years of completed service shall be credited with two (2) weeks of vacation time; all such employees with five to nine years of completed service shall be credited with three (3) weeks of vacation time; all such employees with ten to fourteen years of completed service shall be credited with four (4) weeks of vacation time; and all such employees with fifteen+ years of completed service shall be credited with five (5) weeks of vacation time. The minimum increment to utilize vacation leave is 1/2 day. As a general rule, vacation must be taken during the year in which it is accrued. In exceptional cases, any employee may, on the recommendation of the Department Head and with approval of the Village Administrator, carry over his/her unused vacation time from one year to the next so that all or any part of the vacation allowed for two years may be taken during the second calendar year provided that the interests of the Village are not adversely affected thereby. In no event may vacation be carried over for more than one year. Vacation schedules and actual Board of Trustees September 8,2015 Page 17 of 35 vacation time taken shall be reported to the Deputy Treasurer on a monthly basis by the Department Head. Unused vacation accrued in the year of termination and/or carried over pursuant to this paragraph shall be paid at termination. An employee may request up to two (2) weeks' vacation pay in lieu of taking the vacation days, but may not take more than half of their accumulated vacation day balance. Any such request must be made in writing to the Village Administrator and at least one year must elapse between requests. I. PERSONAL LEAVE Personal leave is leave with pay for personal reasons and is intended to be available for use for religious observance, necessary absences due to extraordinary weather conditions, attendance at conventions other than on Village business, personal or family appointments, or for other personal reasons. A maximum of five (5) personal days per year shall be permitted. Personal days shall be accumulated at the rate of 1.25 days per quarter (three months). The minimum increment to utilize personal leave is 1/2 day. Personal leave will not be carried over from year to year and is not to be used in conjunction with vacation time. Additionally, there shall be no payout for unused personal days. Personal leave is to be taken only with advance departmental approval so as not to interfere with the proper operation of government. Personal leave shall be reported to the Deputy Treasurer by the Department Head on a monthly basis. Employees must make their request in writing at least five days in advance. The Village retains discretion in approving the request, subject to the needs and demands of the department. J. SICK LEAVE & EXTENDED SICK LEAVE An annual sick leave of fifteen (15) days will be permitted in any calendar year. The minimum increment to utilize sick leave is 1/4 day, If an employee has a doctor or dentist appointment and is medically able to work prior to or following the appointment, the minimum sick leave increment should be utilized (i.e. not a full day), Sick leave is defined as absence from employment because of illness, injury, or quarantine resulting from exposure to contagious disease. Sick leave will be allowed only for such purposes as stated above. Two (2) sick leave days per year may be utilized to attend to a sick immediate family member (not the employee) and these two (2) sick days shall not count against the sick leave incentive program. The Administrator or Department Head may require substantiation of sick leave as may be deemed necessary, or after ten (10) days of absence in one calendar year. An employee who is out sick for more than two consecutive days may be required to submit a Board of Trustees September 8,2015 Page 18 of 35 doctor's note upon return to work. Sick days taken shall be reported to the Deputy Treasurer by the Department Head on a monthly basis. In the event an employee does not use his/her annual sick leave of fifteen (15) days, he/she will be permitted to accumulate his/her unused sick leave for purpose of applying such days toward the retirement benefit granted in 41 0) of the Social Security and Retirement law. Sick leave shall be credited to all employees at a rate of 1.25 days per month of employment. As of January 1St of each year, an employee shall be credited with fifteen(15) days of sick leave. In no event shall any payment be made in lieu of accumulated sick leave. Extended sick leave for a long-term illness or injury shall be granted in the following manner, provided it is consistent with the Village's Family and Medical Leave Act policy: I. Once all existing sick leave has been exhausted, the employee may convert any other accumulated time (e.g. unused vacation days from the current and prior year and unused personal days from the current year) to sick leave. 2. Once the time accumulation mentioned in 1 above is exhausted, the employee shall be granted an additional week at half pay for every year of service to the Village. 3. Once the above has been exhausted, other employees may donate sick leave to a co- worker on a voluntary basis. Board of Trustees September 8,2015 Page 19 of 35 K. SICK LEAVE INCENTIVE Effective January 1, 2005 the following Sick Leave Incentive will be in effect: No. of Sick Days Bonus Hours Paid 0 24 1 or less 20 2 or less 16 3 or less 12 4 or less 8 Over 4 0 Please note that new employees must be on payroll during the entire annual period to receive any payments. L. MEDICAL, DENTAL AND VISION BENEFITS: The general description or summary of benefits which follows is not intended to create any rights to any particular benefit or level of benefit. The plan documents establishing the respective benefits and the Village's participation govern eligibility requirements. All benefit plans and programs are subject to modification, change or termination by the Village or the insurance carriers, at any time. Such changes may include, but are not limited to, benefits, benefit levels, coverage, eligibility, vesting, participation, carrier and insurance companies, as well as the plans themselves. Board of Trustees September 8,2015 Page 20 of 35 MEDICAL BENEFITS: All employees will receive medical benefits as may be approved by the Board of Trustees. Employees who have at least ten years' experience working full- time in Rye Brook will continue to receive health insurance as a retiree for the life of the retiree and spouse, All employees hired on or after January 1, 2006 must contribute 10% towards individual plan health insurance premiums and 25% towards family plan health insurance benefits as an active employee and in retirement. "Retirement" shall be considered when an Employee begins receiving retirement benefits directly following employment in Rye Brook,not when they are simply "eligible' to receive these benefits. MEDICAL BENEFITS BUYOUT: Employees may opt out of the Village's health insurance program in whole or in part for periods of a full year by completing the appropriate form furnished by the Village. In order to be eligible for this option, the employee must certify that he or she has health insurance through a source other than the Village. An employee opting out of the Village's program for family coverage or individual coverage will receive a cash payment in the amount of$2,000 for family or $900 for individual. The payment will be subject to all usual payroll deductions and will be made on the payroll that includes the employee's anniversary (provided that the employee remains uncovered by the Village for twelve consecutive months). Employees electing to decline coverage must do so by filing their forms no later than November 30 in any year, with the provisions of this plan taking effect on January 1. Once a waiver form has been filed with the Village, the waiver shall continue to be in effect from year to year unless the employee elects to re-enroll. Once an employee waives coverage for a given year, he or she may not reinstate coverage for that year except for a change in family status consistent with the rules of the Village's policy and applicable law and regulations. A change in family status may include death or divorce of a spouse or termination of employment of a spouse whose employer had provided the alternate insurance. It does not include the voluntary declination of insurance offered by the spouse's employer, changes in the cost of coverage offered by the alternate source, or the onset of a medical condition during the time the employee has waived coverage by the Village. (If an employee reinstates coverage during the course of the year, the employee must repay any amount already paid in return for the waiver. If an employee who had waived coverage elects to reinstate coverage for the following year, he or she must notify the Village no later than November 30.) DENTAL BENEFITS: All employees shall be entitled to a dental benefit as may be approved by the Board of Trustees. Board of Trustees September 8,2015 Page 21 of 35 VISION CARE: Optometry Plan— Vision Care for Village employees shall be determined by the Board of Trustees. The current level of benefits is as follows: Optometry Vision Care Allowance per Employee Vision and Health Eye Exam (annual) $ 75.00 Frames and Lenses (every two years) $300.00 M. DISABILITY. An employee, upon filing appropriate medical evidence that he/she is medically disabled, will be permitted to use any annual sick leave for the period of the disability. As of June 1, 2001 the Village provides short-term disability coverage. In addition to the preceding leave with pay, an employee may be granted, upon request to the Village, a leave of absence without pay for a minimum of six months, which may be extended, upon the recommendation of the Department Head, up to a maximum of one year. An employee on unpaid medical leave is required to give advance notice of his or her plans to return to work. N. WORKERS' COMPENSATION. An employee must notify his/her department head immediately if he/she is injured on the job or becomes ill as a result of his/her job. When an employee reports the injury or illness to his/her department head, he/she will be given an incident report to fill out. An employee is given 45 (forty-five) days of workers' compensation days per injury. O. LIFE INSURANCE. The Village of Rye Brook has established a Group Life Insurance Plan to provide a $40,000 policy for every active full-time employee. The Village of Rye Brook will pay a deceased active employee's current salary due at time of death, together with the life insurance benefit to the dependent heir or heirs. Board of Trustees September 8,2015 Page 22 of 35 P. BEREAVEMENT LEAVE An employee shall be provided up to three (3) calendar days per occurrence relating to the death of a spouse, child, parent, grandparent, sister, brother, parent-in-law, sister-in-law, or brother-in-law. Q. PROFESSIONAL DEVELOPMENT. Any employee who takes courses which are job- related shall be eligible for up to $1,000.00 per fiscal year for reimbursement of tuition and books. An employee's Department Head and the Village Administrator must pre-approve the courses. Forms can be obtained in the Treasurer's Office. If less than half of the Village employees utilize the Professional Development reimbursement, an employee who is utilizing this benefit will be entitled to receive an additional amount, but in no event shall the total benefit exceed $2,000.00 for the year. Reimbursement shall be given after successful completion of the course(s) taken with a grade of`B" or better. By approval of the Village Administrator the Village of Rye Brook will pay $500 towards the membership fee per year for employees who join a health club. The Village will make payment on a reimbursement basis upon completion of each year of membership. An employee must attend a health club at least three (3) times per month for a twelve consecutive month period. Payment will be made upon completion of each year. The membership fee is considered part of Professional Development. R. LONGEVITY PAYMENTS: Employees are eligible for longevity payments based upon the following schedule: After 8 Years $300 per year After 12 Years $550 per year After 16 Years $800 per year No further increases beyond the above longevity will be considered until 2017-18. Board of Trustees September 8,2015 Page 23 of 35 S. CHILDREN IN THE WORKPLACE The Village recognizes that at times employees may want to bring their children to the office and that such visits may be appropriate. The following guidelines must be followed with respect to bringing children to work. An employee may not bring his or her child to work for the entire day. Children may visit briefly or come to have lunch with a parent, but cannot stay all day or extended periods of time on multiple days. If a special short-term situation arises that is out of an employee's control that necessitates the need to bring a child to work for longer than a brief visit, then advance written permission must be obtained from both the Supervisor and the Administrator. Employees may not bring sick children to work. It is the employee's responsibility to either arrange for appropriate childcare or, where appropriate, use time off to care for the child. T. APPEARANCE AND ATTIRE: Appearance and attire should be "business casual" all week (M-F) and appropriate for a business office. Employees should exercise discretion based on the office, work environment and any meetings or functions being attended. All village employees should strive to make a positive, professional impression to the public and any co-workers. The following guidance is provided for village offices: For men, when working in the office it is okay to wear suits, sport jackets, collared shirts (button-down or polo), sweaters, pants such as khakis or "Dockers"-type, dress pants or trousers, leather shoes or loafers. It is not okay to wear non-collared shirts, t-shirts, tank- Board of Trustees September 8,2015 Page 24 of 35 tops, sweatshirts or sweatpants, shorts, sneakers or sandals. Blue jeans are allowed, but employees are cautioned not to wear them every day and only as appropriate for the office environment (no rips, tears, cut-offs, etc.). For women, when working in the office it is okay to wear blouses, dress shirts, sweaters, slacks, skirts and dresses, khakis, corduroy pants, linen pants or dress pants, leather shoes or similar. It is not okay to wear t-shirts, sweatshirts, sweatpants, tank tops, tight-fitting leggings, mini-skirts (or excessively short skirts and dresses, i.e. not reaching finger-tip length), shorts, excessively revealing tops (i.e. low-cut, midriff, off-the-shoulder, etc.) or sneakers. Blue jeans are allowed, but employees are cautioned not to wear them every day and only as appropriate for the office environment (no rips, tears, cut-offs, etc.). Some exceptions to the above policy are when an employee is spending much of the day away from the office in the field, attending recreation programs, cleaning an office, or during/following emergency events. In such circumstances, the employee should still dress appropriately to make a good and professional impression. No dress code can cover all contingencies so employees must exert a certain amount of judgment in their choice of clothing to wear to work. If you experience uncertainty about acceptable, professional business casual attire for work, please ask your supervisor or your human resources staff. U. COMPENSATORY TIME: All requests for compensatory time must be made and agreed upon by the department head in writing in advance. All compensatory time balances of 3.5 hours or more must be exhausted prior to using any Vacation or Personal leave. Running Compensatory time balances should not exceed fourteen hours except those hours earned as a result of working at a community events (i.e. Carnival), summer day camp or summer teen travel camp. In Board of Trustees September 8,2015 Page 25 of 35 these rare circumstances, the maximum accumulation must be brought within the fourteen hour limit within 30 days following the conclusion of the event or camp, Mr. Bradbury noted that this resolution and documentation is available at Village Hall for anyone interested in reviewing it. Required attire is being reviewed. The goal is to have the rules clear enough that the supervisors can easily ask for adherence of the rule. Mr. Bradbury noted that modifications can be made. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the resolution was adopted as amended. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye 7) Considering modifying Village policies and procedures. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING MODIFYING VILLAGE EMPLOYEE POLICIES AND PROCEDURES WHEREAS, the Village periodically reviews its policies and procedures manual to remain current with technology or to provide guidance to employees with its various policies and procedures. Board of Trustees September 8,2015 Page 26 of 35 NOW THEREFORE BE IT RESOLVED that the following modifications are hereby made to the Village of Rye Brook Policies and Procedures Manual: A. COMPUTER SYSTEMS AND INTERNET/E-MAIL SERVICE The purpose of this policy is to provide guidance for the use of Village-owned computer systems and Internet/E-mail service. Personal Use — The Internet and e-mail system are reserved for Village business. However, an employee may use the Internet or e-mail for non-business use on a limited basis during authorized meal and break periods (if applicable), outside normal business hours, and provided the computer is not in the public's view. Employees shall not access their Facebook pages, or any social media or non-work related Internet pages on the village's system at unauthorized times. Employees are expressly notified and cautioned that, although they may use the Village's internet and email systems for personal use on a limited basis, they have no expectation or right of privacy in their use of the Village's systems, and the Village expressly reserves the right to access, monitor, intercept, review, delete and copy any information, web browsing history, messages, files, email or other data stored, transmitted, received or created with the Village's systems, as stated above. Password Policy/Proxy - Each user will be issued a unique login and password which shall be changed at regular intervals as determined by the village. It is the user's responsibility to keep his/her password confidential, and to enable the password function when away from the computer. Use proxy to share access; do not share your password. Displaying the password is prohibited. If password confidentiality is breached, it is the user's responsibility to advise the Communications Services Coordinator as soon as possible so that the password can be changed. Proxy responders should identify themselves as such in the body of the message.... Board of Trustees September 8,2015 Page 27 of 35 B. CELLULAR PHONE AND WIRELESS COMMUNICATION POLICY AND PROCEDURES The purpose of this policy is to provide guidance for the use of Village-owned cellular phones, tablets and wireless communication devices. Policy - It is the policy of the Village of Rye Brook to provide cellular telephones, tablets and wireless personal communications devices to designated employees in order to improve productivity, enhance customer service to our citizens, and/or enhance public safety services. It is also the policy of the Village to maintain the ability to access and disclose any and all messages communicated through electronic means when Village-owned equipment is used. Regardless of the intent of the message (business or personal), any employee involved has no automatic right to privacy, or to the expectation of privacy, concerning the content of any message or the intended destination of any message. Decisions regarding the use of Village cellular telephones and wireless personal communications devices which are not explicitly stated herein will be left to the discretion of the appropriate Department Head, as authorized by the Administrator and consistent with this Policy and Procedure. Department Heads are authorized to administer, provide guidance on, and assure compliance with the features of this policy. Procedure - This Policy and Procedure applies to all Village employees and departments. Departments which use a pool system for cellular telephones, or which have cellular telephones assigned to vehicles or positions instead of individuals, may develop departmental policies and procedures and/or regulations which provide greater direction to their employees, as long as that direction is consistent with this policy. This policy includes Village-owned cellular telephones, tablets and other wireless personal communications devices, which are not directly connected to a telephone line. It does not apply to direct wired land line telephones. Board of Trustees September 8,2015 Page 28 of 35 Authorized Usage of Village-owned Cellular Telephones - Village-owned cellular telephones and tablets are intended for and expected to be used for Village business. Personal usage related to work assignments (e.g., personal calls which need to be made when away from an office with land line telephones, etc.) and other occasional personal usage is permitted (e.g. a limited number of free applications with prior written approval of the Administrator), as long as the personal use is reasonable and prudent. Employees should not use cellular telephones to discuss confidential or sensitive information, as cellular telephone conversations are not secured. Eligibility Criteria - Employees eligible for assignment of Village-owned cellular telephones, tablets and other wireless personal communications devices are those designated by the Department Head with permission of the Administrator, including (but not limited to): • Employees who are frequently in a vehicle, if the individual must conduct Village business by telephone while in the field, and it can be shown that cost savings and customer service efficiency will be realized through use of such devices; • Employees who have a critical need to maintain accessibility with other department managers, Village management staff and public officials, in order to insure uninterrupted customer services and/or the integrity of the organization; • Public safety positions, as determined by the Fire Chief, Chief of Police, and Administrator as necessary to provide immediate and direct telephone communications with citizens, outside agencies cooperating in operations, or other resource entities outside of Village government, and to provide for communications which may be inappropriate for mobile radios; • Designated employees involved in the Village's emergency response plan; and • Department Heads and employees who have responsibility for responding to public safety incidents in the field. Responsibilities of the Administrator and Department Heads - The Administrator and Department Heads are responsible for: Board of Trustees September 8,2015 Page 29 of 35 • Approving requests for cellular telephones, tablets and other wireless personal communications devices from their respective subordinates; • Insuring that requests are in conformity with the procedures outlined herein, or that exceptions are justified; • Insuring that all persons assigned a Village-owned cellular telephone, tablet and/or other wireless personal communications device, are provided access to a copy of this policy, and that the individual is in compliance with it; • Conducting periodic inventories of cellular telephones, tablets, and other wireless personal communications devices within their respective departments to insure accountability; • Reviewing bills on a monthly basis in order to identify and seek reimbursement from all employees under their supervision for any unauthorized downloads or purchases on Village-owned cellular telephones, and transmitting this payment via deposit ticket to the Treasurer's Office; • Conducting periodic reviews of assigned devices to determine if such assignments continue to be justified; • Informing appropriate employees responsible for Village communications of all reassignments of cellular telephones and/or other wireless personal communications devices; • Approving the download of applications or software that supports the operations of the village and department. The purchase and download of any such application or software must be pre-approved in writing by the Village Administrator. All other purchases and/or downloads are strictly prohibited; and • Conducting periodic checks to make sure all employees issued a Village-owned cellular telephone are using the village-issued cellular telephone protective cover or case. Responsibilities of Employees - Employees who are assigned the use of Village-owned cellular telephones and tablets are responsible for the following: • Insuring the physical security of such devices and making sure any cellular telephone or tablet cover or case issued by the village for a Village-owned cellular telephone remains on the phone and in proper working order; • Insuring that all communications on such devices are kept to the briefest duration possible; • Keeping personal communications to a minimum during working hours; • Insuring that any personal use does not detract from the employee's availability for completion of assigned duties; • Only downloading applications or software that are pre-authorized in writing by the Administrator or Department Head for village business; and • Reimbursing the village for the cost of any unauthorized downloads. Board of Trustees September 8,2015 Page 30 of 35 Use of Personal Cellular Phones and Tablets: Personal use of cellular phones and tablets for phone calls, texts, email or social media during the work day shall be kept to a bare minimum. The following are a few examples of unacceptable behavior: • Repeated personal calls from the same person. • Calls exceeding a few minutes (i.e. more than 2-3 minutes). If an emergency situation exists necessitating the need for an extended phone call, the employee shall notify their supervisor and go to a private office area to continue the call (not the hallway, bathroom, or any public areas). • Taking or continuing a personal call when assisting the public. • Using phones for private calls, texts or emails during official meetings. • Regularly checking phones or tablets for emails or social media updates. • Loud ringing or notification sounds (placing phones on vibrate or silent modes are strongly encouraged). Repeated violations of this policy will result in not allowing the personal cellular phone or tablet at the workplace. The above policies that relate to phone calls also apply to the use of wired phones provided by the village. C. PLAYING MUSIC: Employees shall keep music or radio levels at a minimum. Music should be at a "background" level that is not disruptive to the public, co-workers or the work place. Any employee within a Board of Trustees September 8,2015 Page 31 of 35 department may object to any playing of music in an office or work area by notifying their supervisor. If there are any objections from employees, the music will be turned off. Mr. Bradbury noted that this applies to all employees. Policy will give direction on what is okay in the office and what isn't. Trustee Heiser noted that this is part of working in an office and being a professional. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser to adopt the resolution. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye 8) Considering rejecting the bids for Contract #15-15: Pine Ridge Basketball Court resurfacing project. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING REJECTING THE BIDS FOR CONTRACT #15-15 PINE RIDGE BASKETBALL RESURFACING PROJECT WHEREAS, The Village of Rye Brook has solicited bids for Contract #15-15; Pine Ridge Basketball Court Resurfacing Project; and WHEREAS, at Thursday, August 27, 2015, the Village Administrator opened two (2) sealed bids as summarized below: Board of Trustees September 8,2015 Page 32 of 35 Contract 415-15: Pine Ridge Basketball Court Resurfacing Project Bidder Base Bid SportTech Construction $72,892.00 Kramor Construction $69,200.00 WHEREAS, upon review of the bids for Contract 915-15; Pine Ridge Basketball Court Resurfacing Project, the Village Administrator and Village Engineer have determined that the lowest base bid amount of$69,200.00 exceeds the funding available for the project. NOW, THEREFORE BE IT RESOLVED, that all bids for Contract 915-15; Pine Ridge Basketball Court Resurfacing Project are hereby rejected. It was noted that the bids have come in higher than expected. The cost would be more than was allocated. The Village is looking to do some of the work in-house. The painting alone includes five layers of painting. Part of the reason for the high bids is that asphalt prices have gone way up. On a motion made by Trustee Jason Klein, and seconded by Trustee Susan Epstein, the resolution was adopted. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye Board of Trustees September 8,2015 Page 33 of 35 9) Considering the use of Village Streets for a Block Parry on Valley Terrace. Trustee Klein recused himself as he resides on Valley Terrace. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR A BLOCK PARTY RESOLVED, that the use of Valley Terrace on Sunday, September 20, 2015 from 4:OOPM to 7:30PM for the Valley Terrace Block Party event is hereby approved with the terms to be established by the Rye Brook Police Department. Deputy Mayor Rednick asked if the neighbors have been notified. Trustee Klein, of 16 Valley Terrace Avenue, stated that all neighbors will be notified. He also noted that all emergency vehicles will be allowed access to the area. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the resolution was adopted. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein abstained Trustee David M. Heiser voting aye Deputy Mayor Jeffrey Rednick voting aye Board of Trustees September 8,2015 Page 34 of 35 ADMINISTRATOR'S REPORT Mr. Bradbury noted that there were two (2) items to be noted. The first was that work on High Street is underway. This is a major undertaking for the Village of Rye Brook and entails much more work than just repaing. There will be two (2) nights where High Street will be completely closed. By doing the work at night, the Village was able to keep the cemetery open. The second issue was that there is a major disruption in Village Hall with painting and re- carpeting. The offices that are being worked on are moved to the Fire House while the work is being done. Notices are posted on the main door of Village Hall. Currently the Treasury Department has been relocated to the Fire House. Deputy Mayor Rednick noted that the next Board of Trustee meetings were scheduled for September 24th and October 13th. On a motion and a second, the meeting was adjourned at 8:50 p.m. Board of Trustees September 8,2015 Page 35 of 35