HomeMy WebLinkAbout2014-07-29 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
Tuesday,July 29, 2014
AGENDA
6:45 P.M.—Executive Session: Tax Certiorari Matters; Non-Union Personnel
Compensation
7:30 P.M.—REGULAR MEETING
PLEDGE OF ALLEGIANCE
REPORT/PRESENTATIONS:
1) Update on assessment trends and procedures by the Town of Rye Assessor
AFFORDABLE HOUSING
PUBLIC HEARINGS:
1) Public hearing to consider an application by Toll Land V Limited Partnership
for an amended site plan on property located at the corner of Anderson Hill
Road and King Street
2) Public hearing to consider a special use permit and site plan application for
property located at 561 Westchester Avenue
RESOLUTIONS:
1) Considering an application by Toll Land V Limited Partnership for approval
of an amended site plan on property located at the corner of Anderson Hill
Road and King Street
2) Considering a special use permit and site plan application for property located
at 561 Westchester Avenue
3) Consider a request for the removal of a significant tree at 19 Winding Wood
Road
4) Considering a request for the removal of a significant tree at 3 Winthrop Drive
Board of Trustees Meeting
July 29, 2014
Page 1
5) Considering a Village contribution to the Columbus Day Celebration
Committee and use of Hawthorne Avenue for the annual parade
6) Considering an agreement CPI-HR for consulting services related to the
Affordable Care Act
7) Considering the transfer of funds for capital projects
8) Considering compensation for non-union personnel.
9) Considering the approval of minutes: March 25, 2014; April 8, 2014; April
22, 2014; May 27, 2014; June 10, 2014
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
NEXT SPECIAL & REGULAR TRUSTEES MEETINGS: August 19, 2014
BOARD: Trustee Susan R. Epstein
Trustee David M. Heiser
Trustee Jeffrey B. Rednick
Mayor Paul S. Rosenberg
Excused: Trustee Jason A. Klein
VILLAGE STAFF: Christopher Bradbury, Village Administrator
Edward Beane, Village Counsel
Michal Nowak, Superintendent of Public Works
Fred Seifert, Public Access Coordinator/IT
Paula Patafio, Meeting Secretary
Mayor Paul Rosenberg called the July 29, 2014 Board of Trustees meeting to order. He
noted that the Board held an Executive Session prior to the meeting on Tax Certiorari
Matters and Non-Union Personnel Compensation.
Board of Trustees Meeting
July 29, 2014
Page 2
Mayor Rosenberg noted that Trustee Klein was excused from the meeting. He called for
the first item on the agenda; an update on assessment trends and procedures by the Town
of Rye Assessor.
REPORT/PRESENTATIONS:
1) Update on assessment trends and procedures by the Town of Rye Assessor
Denise Knauer, IAO, Tax Assessor, addressed the Board. She noted that the
Town's website has been updated and she invited residents to take a look at it.
Ms. Knauer noted that currently the assessment role is being reviewed for changes
or no changes. Residents will have the opportunity to file a small claims review.
There is a lot of information on line and the form can also be found on line. The
good news is that values in the Village have gone up. The flip side is that the
assessments have increased. Neighborhoods went up 2 to 4%, with one
neighborhood going up 9%. The most important thing is to keep the assessments
fair. If you feel something is wrong, point it out to the Assessor and it will be
reviewed.
Mr. Christopher Bradbury, Village Administrator, pointed out that some areas and
neighborhoods are going down. The Town of Rye assesses at 100%. You can do
a parcel search on line and find last year and this year's assessment. The 2014
assessment roll determines the 2015 taxes. The Village is always concerned
about the commercial properties and it appears that they are flat or increasing.
You can go to www.TownofRye.com. The new S.T.A.R. application will be on
the website shortly. The Village of Rye Brook has a linked on its website to the
Town of Rye's website.
Mayor Rosenberg thanked Ms. Knauer for her presentation.
PUBLIC HEARINGS:
1) Public hearing to consider an application by Toll Land V Limited
Partnership for an amended site plan on property located at the corner of
Anderson Hill Road and King Street
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the public
hearing was declared open.
Mr. Christopher Bradbury, Village Administrator, called the roll:
Board of Trustees Meeting
July 29, 2014
Page 3
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Casey Devlin, representative for the applicant, addressed the Board. He noted
that the goal was to substitute the existing street lights with LED light fixtures,
reducing the number of fixture to be installed from 28 to 17. The comments
received from the Village's consultants were considered and applied to the new
plan. The applicant feels that the revised plan is a nice compromise.
Mayor Rosenberg called for questions or comments from members of the public,
and/or from the Village's Consultant.
Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She noted
that the new plan has a nice, uniform light level. The applicant was able to
incorporate the suggestions and comments from Village Staff and Consultants
into the new plan.
There being no further comments from the Board or members of the public,
Mayor Rosenberg called for a motion to close the public hearing.
On a motion made by Trustee Susan Epstein, and seconded by Trustee David
Heiser, the public hearing was declared closed.
Mr. Bradbury called the roll:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Mayor Rosenberg called for the resolution on the matter.
RESOLUTIONS:
1) Considering an application by Toll Land V Limited Partnership for
approval of an amended site plan on property located at the corner of
Anderson Hill Road and King Street
Mr. Bradbury read the following resolution:
Board of Trustees Meeting
July 29, 2014
Page 4
CONSIDERING AN APPLICATION BY TOLL LAND V LIMITED
PARTNERSHIP FOR APPROVAL OF AN AMENDED SITE PLAN FOR
PROPERTY LOCATED AT THE CORNER OF KING STREET AND
ANDERSON HILL ROAD
WHEREAS, the Board of Trustees is in receipt of an application bV Toll
Land V Limited Partnership for approval of an amendment to its March 24, 2009
site plan of property located at the southerly corner of Anderson Hill Road and
King Street, designated as Tax Map Section 129.35, Block 1, Lots 14.1-14.31
(formerly Lot 13) on the Town of Rve Tax Map and located in the H-1 Zoning
District and the Scenic Road Overlay District; said amendment being to modify
the approved lighting plan;
WHEREAS, the Board of Trustees reviewed the following plans and
application materials submitted by the Applicant:
1. Building Permit Checklist;
2. Site Plan Application;
3. Exterior Building Permit Application;
4. Short Environmental Assessment Form;
5. Letter to the Rve Brook Building Inspector from Toll Brothers, Inc.,
Fishkill, New York, dated March 13, 2014;
6. Sheet 1 of 2, "Kingswood Lighting Plan," prepared bV ESE
Consultants, Inc., Fishkill, New York, dated 2/18/14;
7. Sheet 1 of 2, "Photometric lighting Plan," prepared bV ESE
Consultants, Inc., Fishkill, New York, dated 2/18/14;
8. Photometric Lighting Plan, prepared by Philips Hadco, Littlestown,
Pennsylvania, dated 5/23/14; and
9. Photometric Lighting Plan, prepared by Philips Hadco, Littlestown,
Pennsylvania, dated 6/20/14.
WHEREAS, on April 22, 2014, the Board of Trustees, pursuant to the
State Environmental Qualitv Review Act (SEQRA) determined the proposed
action to be an Unlisted Action with an uncoordinated review; and
WHEREAS, on April 22, 2014, the Board of Trustees referred the
application to the Village of Rye Brook Planning Board for Report and
Recommendation; and
WHEREAS, on Julv 23, 2014, the application was referred to the
Westchester County Department of Planning pursuant to New York General
Board of Trustees Meeting
July 29, 2014
Page 5
Municipal Law §239-m and the Westchester County Administrative Code; and
WHEREAS, on July 23, 2014, notice of the application was sent to the
Town of Greenwich pursuant to New York State General Municipal Law 239-nn
and the Westchester County Administrative Code; and
WHEREAS, the Planning Board of the Village of Rye Brook submitted a
Report and Recommendation to the Board of Trustees dated July 10, 2014; and
WHEREAS, the Village Planning Consultant, Village staff, Planning Board
and the Board of Trustees reviewed the information and submitted comments
regarding the application; and
WHEREAS, on July 29, 2014, the Board of Trustees opened a public
hearing on the subject site plan application, at which time all persons interested
were criven an opportunity to speak on behalf of or in opposition to said
application, and the Board of Trustees closed the public hearing on July 29, 2014.
NOW, THEREFORE, BE RESOLVED, that the Board of Trustees
hereby determines that the Project will not result in any significant adverse
environmental impacts based upon the information stated in the EAF and
supplemental information and hereby adopts the annexed Negative Declaration.
BE IT FURTHER RESOLVED, that the Board of Trustees hereby
approves the site plan amendment referenced herein.
BE IT FURTHER RESOLVED, that the Village Board adopts the
recommendations of the Planning Board in its July 10, 2014 Report and
Recommendation.
BE IT FURTHER RESOLVED, that prior to the issuance of a building
permit the Applicant shall pay to the Village all applicable fees and professional
review fees incurred in connection with review of this Application.
On a motion made by Trustee Susan Epstein, and seconded by Trustee Heiser, the
resolution was approved.
Mr. Bradbury called the roll:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Mayor Rosenberg called for the second public hearing on the agenda:
Board of Trustees Meeting
July 29, 2014
Page 6
2) Public hearing to consider a special use permit and site plan application
for property located at 561 Westchester Avenue
On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the
public hearing was declared open.
Mr. Bradbury called the roll:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Demtri Adamis, Esq., legal counsel for the applicant, addressed the Board. The applicant
operates an accounting and bookkeeping service on the second floor of this dwelling.
The applicant started this business with her mother in 1978 and the company has been
located at this address since 1985. He reviewed office hours during both regular and tax
seasons. It was noted that the applicant runs a one-person shop, and occasional hires one
other person to help when the work load is heavier.
There is a separate entrance from the street that heads up to the second floor. The
apartment is to the right. The office is a single, open space room. There is no separate
waiting areas or any place that people can gather. Parking has been addressed. The
Planning Board felt that seven available spaces with the ability to expand to eight was
sufficient, therefore one parking space has been land-banked. The second floor
apartment required two minor variances. The Rye Brook Code requires a service access
for a two—family/second apartment. The applicant has agreed to install a fire emergency
ladder. In the folded up position it looks like a rail. Once extended it goes to the
bedroom window. This business has been there going on 30 years. There are no plans to
make any changes; no internal alterations will be done. There is small sign on the front
lawn. Once the applicant purchased the property in 1985 they applied for a use variance
and were permitted to run four businesses out of the property, three of which no longer
operate from this location. There is adequate parking and there will not be any
significant or adverse impacts.
Mayor Rosenberg called for comments from the Board.
Edward Beane, Esq., Village Counsel, reviewed the special permit. Ultimately this
matter will come back before the Board if any changes are made. He noted that this is
different than a special use permit.
Board of Trustees Meeting
July 29, 2014
Page 7
On a motion made by Trustee Susan Epstein, and seconded by Trustee Heiser, the
public hearing was declared closed.
Mr. Bradbury called the roll:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
2) Considering a special use permit and site plan application for
property located at 561 Westchester Avenue
Mr. Bradbury read the following resolution
CONSIDERING A SPECIAL PERMIT AND A SITE PLAN APPLICATION
FOR PROPERTY LOCATED AT 561 WESTCHESTER AVENUE
WHEREAS, RRC/LCS, Inc. ("Applicant") has made applications to the
Village of Rye Brook for approval of a Special Use Permit and Site Plan to legalize an
existing office and two-family dwelling on property located in the R-2F Zoning
District at 561 Westchester Avenue, Section 135.83, Block 1, Lot 11 on the Town of
Rye Tax Assessor's Map; and
WHEREAS, the Board of Trustees is the Approval Authority for the
application in accordance with Sections 209-1(A)(1) and 250-6(H)(1)(c) of the Village
Code; and
WHEREAS, the Board of Trustees reviewed the following plans and
application materials:
1. Application for a Special Permit
2. Site Plan Application and Checklist
3. Short Environmental Assessment Form dated 7/31/13
Board of Trustees Meeting
July 29, 2014
Page 8
4. Letter to the Rye Brook Board of Trustees from Demetrios Adamis, PC,Fresh
Meadows,N.Y., dated August 16, 2012
5. Letter to the Rye Brook Board of Trustees from Demetrios Adamis, PC,Fresh
Meadows,N.Y., dated June 27, 2012
6. Zoning Memorandum to the Planning Board from the Rye Brook Building and Fire
Inspector dated December 27, 2013
7. Zoning Memorandum to the Planning Board from the Rye Brook Building and Fire
Inspector dated October 10, 2013
8. Zoning Memorandum to the Planning Board from the Rye Brook Building and Fire
Inspector dated September 17, 2013, Revised
9. Architect's Plans,prepared by Luis Saiz,Jr., Registered Architect,White Plains,N.Y.:
Sheet No. Sheet Tide Dated
Al Location, Zoning and Site Plans, Exterior
Elevation, Partial 2nd Floor Plan and Notes 5/17/13
A2 Site Plan, First and Second Floor Plans 5/17/13
WHEREAS, on August 19, 2013 the Board of Trustees, pursuant to the State
Environmental Quality Review Act (SEQRA) and after review of the Short Environmental
Assessment Form (EAF) prepared by the Applicant, determined the proposed action to be
an Unlisted Action pursuant to SEQRA which will undergo an uncoordinated review; and
WHEREAS, on August 19, 2013 the Board of Trustees referred the application to
the Village of Rye Brook Planning Board for Report and Recommendation and the Planning
Board issued its Report and Recommendation on January 9, 2014; and
WHEREAS, on January 14, 2014 the Board of Trustees referred the application to
the Village of Rye Brook Zoning Board of Appeals for consideration of variances which
were granted by the Zoning Board of Appeals on June 3, 2014; and
WHEREAS, on June 27, 2014 the application was referred to the
Westchester County Department of Planning; and
WHEREAS, notice of the public hearing was provided to the Port Chester-
Rye Union Free School District; and
Board of Trustees Meeting
July 29, 2014
Page 9
WHEREAS, on July 29, 2014, the Board of Trustees opened a public hearing
on the subject application, at which time all persons interested were given an
opportunity to speak on behalf of or in opposition to said application, and the Board
of Trustees closed the public hearing on July 29, 2014; and
WHEREAS, the Village Planning Consultant, Village staff, Planning Board
and the Board of Trustees reviewed the information and submitted comments
regarding the application; and
WHEREAS, the Board of Trustees has considered the special permit
standards set forth at Village Code §§ 250-6(H)(1)(c)(1), 250-6(H)(1)(c)(2), and 250-
25(C)(3); and
WHEREAS, the Board of Trustees is familiar with the site and all aspects of
the project.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
hereby determines that the Project will not result in any significant adverse
environmental impacts based upon the information stated in the EAF and
supplemental information and hereby adopts the annexed Negative Declaration; and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby finds
with respect to the special permit standards set forth at Village Code §250-
6(H)(1)(c)(1), that the proposed use of the premises for a professional office and two-
family residences is of such location, size and character that, in general, it will be in
harmony with the appropriate and orderly development of the district in which it is
situated and will not be detrimental to the orderly development of adjacent districts;
and
BE IT FURTHER RESOLVED, that with respect to the special permit
standards set forth at Village Code §§250-6(H)(1)(c)(2) and 250-25(C)(3) the Board of
Trustees hereby finds:
1. The location and use of the premises as professional office space, and the
nature and intensity of the operations involved in or conducted in connection
with it and its relation to streets giving access to it will not be hazardous,
inconvenient or detrimental to the predominantly residential activities and
character of the neighborhood.
2. The location, nature and height of buildings, walls and fences and the nature
and extent of landscaping on the site will not hinder or discourage the
Board of Trustees Meeting
July 29, 2014
Page 10
appropriate development and use of adjacent land and buildings or impair the
value thereof
3. The Applicant requests approval for shared parking pursuant to Village of Rye
Brook Zoning Code §250-6(G)(1)(c)(21)(a), so as to permit the 7 existing
parking spaces to serve the professional office and residential uses on the site,
rather than presently improving an additional parking space to meet the
applicable parking requirements. (The Building Inspector has determined that
8 parking spaces are required — 5 parking spaces for the two family dwelling
and 3 parking spaces for the professional offices — as per Village Code
requirements).
The Applicant proposes that the 8th off-street parking space will be
"landbanked" for future development if and when the Board of Trustees
determines such additional parking space to be necessary. The Board of
Trustees hereby approves the Applicant's request for shared parking, including
one landbanked parking space, because such arrangement will substantially
meet the intent of the parking requirements since the resident of one of the
dwelling units also works at the professional office and therefore, at least one
parking space will be utilized by the same person for both uses. Thus, the
proposed use provides off-street parking adequate for its needs, considering
the assemblage of persons and vehicles in connection with the use. Further,
the parking area is suitably screened from adjoining residential uses, and
entrance and exit drives are laid out so as to prevent traffic hazards and
nuisances.
BE IT FURTHER RESOLVED, that based on the findings set forth
above, the Board of Trustees hereby approves a special permit as referenced herein
authorizing use of the premises as professional office space for accounting and
bookkeeping purposes, as shown on the above-listed plans, subject to the following
conditions:
1. No more than two (2) professional persons shall be permitted to lease,
rent or otherwise occupy space within the premises for an accounting and
bookkeeping use whose hours of operation shall be from 10:00 A.M. to
6:00 P.M. Monday through Friday, with additional hours from 10:00 A.M.
to 3:00 P.M. on Saturdays from January 1 to April 30 only.
Board of Trustees Meeting
July 29, 2014
Page 11
2. Compliance with all conditions of approval of the variances granted by the
Zoning Board of Appeals on June 3, 2014, specifically:
a. The applicant shall install and maintain a code-compliant egress
casement window and permanent fire ladder, as depicted in the
supplemental application materials submitted to the Board, in the
bedroom of the second-floor dwelling unit,which ladder shall
extend to the ground; and
b. The rear service access variance shall expire upon the performance
of any work, except as required by this resolution, which modifies
the exterior structure of the rear of the second-floor dwelling unit.
The applicant or successor owner of the premises shall, upon
expiration of the rear service access variance, install permanent rear
service access to the second-floor dwelling unit if required under
the Village Zoning Law in effect at that time.
3. The area of the proposed future off-street parking space shall remain in a
landscaped condition until such time as the Board of Trustees determines
that improvement of such parking space is necessary. Upon such
determination by the Board of Trustees, the Applicant, its successors or
assigns, shall improve the parking space as shown on the approved Site
Plan, to the satisfaction of the Building Inspector, within 6 months of the
date of written notice to the Applicant, its successors or assigns.
4. The owner of the property shall submit to the Village annually, on or
before January 10 of each year, demonstration of compliance with the
conditions of the Special Permit. Demonstration shall consist of an
affidavit including a list of the conditions of the special permit and a
description of how the site or use conforms to such conditions.
BE IT FURTHER RESOLVED, that the Board of Trustees hereby
approves the site plan amendment referenced herein for use of the premises as a
professional office for accounting and bookkeeping purposes and two-family
residence; and
Board of Trustees Meeting
July 29, 2014
Page 12
BE IT FURTHER RESOLVED, that no permits shall be issued until the
Applicant has paid to the Village all applicable fees and professional review fees
incurred in connection with review of this Application.
On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
3) Consider a request for the removal of a significant tree at 19 Winding
Wood Road
Mr. Bradbury read the following resolution:
CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT
TREE AT 19 WINDING WOOD ROAD
WHEREAS, Ms. Nancy Delfino, the owner of 19 Winding Wood Road, Rye
Brook applied for a Tree Removal Permit for a thirty-six (36) inch dbh significant Trees
at said property on April 21, 2014; and
WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no
Significant Tree shall be removed without the approval of the Village Board of Trustees;
and
WHEREAS, said tree is considered a Significant Tree.
NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby
approves the Tree Removal Permit application made by Ms. Nancy Delfino for the
removal of the following:
One (1) thirty-six (36) inch diameter Oak tree; and be it
Board of Trustees Meeting
July 29, 2014
Page 13
FURTHER RESOLVED, Ms. Nancy Delfino shall replant two (2) trees as
required by code in accordance with the Village Superintendent of Public Works.
Mayor Rosenberg noted that as there were only four (4) board members in
attendance, they would need three (3) yes votes in order for the resolution to be
adopted. The applicant could move forward or request an adjournment to the next
meeting. A 2/2 vote is the same as a denial. Mayor Rosenberg called for a five
minute recess to discuss the matter.
Upon the Board's return, Mayor Rosenberg noted that given the proximity to the
house there was reason for concern. This tree is being removed for safety reasons
and not because it is a sick or dying tree. It was noted that this is a sizeable tree
and it could do a lot of damage if it were to come down during a storm. Trustee
Heiser felt that the trees in the area are all close to the homes and he was opposed
to removing a healthy tree.
The Village's Code calls for replanting on the property. The applicants would
have six (6) months from the time of approval to accomplish the replanting. If
they felt there was no room on the property to replant, the applicant could make a
donation to the Village's Street Tree Fund. The applicants responded that they
would replant on the property.
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the
resolution was approved.
Mr. Bradbury called the roll:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting no
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Mayor Rosenberg called for the next resolution on the agenda:
4) Considering a request for the removal of a significant tree at 3 Winthrop
Drive
Mr. Bradbury read the following resolution:
Board of Trustees Meeting
July 29, 2014
Page 14
CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT
TREE AT 3 WINTHROP DRIVE
WHEREAS, Mr. Peter Sommers, the owner of 3 Winthrop Drive, Rye Brook
applied for a Tree Removal Permit for one Oak tree over 30" DBH at said property on
June 16, 2014; and
WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no
Significant Tree shall be removed without the approval of the Village Board of Trustees;
and
WHEREAS, said tree is considered a Significant Tree.
NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby
approves the Tree Removal Permit application made by Mr. Peter Sommers for the
removal of the following:
One (1) Oak tree over 30" in diameter (DBH); and be it
FURTHER RESOLVED, Mr. Peter Sommers shall replant two (2) trees as
required by code in accordance with the Village Superintendent of Public Works.
Mr. Peter Sommers, applicant, addressed the Board. He noted that he has applied for the
removal of one (1) Oak Tree. Mr. Michel Nowak, Superintendent of Public Works,
addressed the Board. He noted that Mr. Sommers has applied to remove a 30' Oak tree
that is approximately 65' in height. A report was submitted and reviewed from Mark
Solomon. This report includes a tree risk assessment. It takes into consideration
probabilities and effects. Years ago someone climbed the tree and spiked it. The tree as
compartmentalized over the wounds, however, decay can occur in these wounds. The
root zone is close to the driveway which often times limits the root zone. There are
mushrooms around the root zone. This is a primary indicator of decay. Further analysis
needs to be done underground to determine the extent of decay. There is a likelihood of
failure. The overall health of the tree is vibrant, but there is a potential since the tree
changes as it grows. There are a number of defects in this tree and it becomes a burden to
maintain. There is a level of uncertainty. His recommendation was to remove the tree.
Mr. Sommers has presented a replanting plan. He suggested that the trees be moved
away from the driveway. Mr. Nowak will meet with the applicant to find a location for
the replanting.
Board of Trustees Meeting
July 29, 2014
Page 15
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution
was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
5) Considering a Village contribution to the Columbus Day
Celebration Committee and use of Hawthorne Avenue for the annual
parade
Mayor Rosenberg noted that no one was in attendance from the
Celebration Committee. The matter was adjourned to August
meeting of the Board of Trustees.
Mayor Rosenberg called for the next item on the agenda:
6) Considering an agreement CPI-HR for consulting services related
to the Affordable Care Act
Mr. Bradbury read the following resolution:
CONSIDERING AN AGREEMENT WITH CPI-HR FOR CONSULTING
SERVICES RELATED TO THE AFFORDABLE CARE ACT
WHEREAS, the Affordable Care Act (ACA) has many new mandates and requirements
regarding the Village of Rye Brook's health and welfare benefit program; and
WHEREAS, CPI-HR provides municipal consulting services related to the
implementation and requirements mandated by the Affordable Care Act and has provided
a proposal to the Village of Rye Brook with an effective start date of August 1, 2014.
Board of Trustees Meeting
July 29, 2014
Page 16
NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby approves
the agreement between the Village of Rye Brook and CPI-HR effective August 1, 2014
subject to any changes recommended by Village counsel; and be it further
RESOLVED, that the Mayor and Administrator are authorized to sign any documents
pursuant to this agreement; and be it further
RESOLVED, that the Board of Trustees authorizes that $9,000.00 be transferred from
the Contingency account (101.1990.424) to the Village Treasurer-Affordable Care Act
Compliance account (101.1325.496) for this purpose.
Mr. Bradbury noted that references have been checked.
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
7) Considering the transfer of funds for capital projects
Mr. Bradbury read the following resolution.
CONSIDERING THE TRANSFER AND REALLOCATION OF
CAPITAL PROJECT FUNDS BETWEEN PROJECTS
RESOLVED, that the following transfers are hereby approved:
FROM TO AMOUNT
2012/2013 2014/2015 $ 246,083.07
Road Resurfacing Road Resurfacing
2014/15 2014/2015 $ 20,000.00
Board of Trustees Meeting
July 29, 2014
Page 17
Resurface Basketball Courts Road Resurfacing
2014/15 2014/2015 $ 12,000.00
Construct Drain Line- Road Resurfacing
Pine Ridge Park Basketball Courts
Pine Ridge Park
901.6772.200 901.1620.270 $ 8,803.67
2013/2014 2014/2015
Posillipo Center Renovations Village Hall Improvements
Mr. Bradbury noted that several projects have been combined.
On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
8) Considering compensation for non-union personnel.
Mr. Bradbury read the following 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, 2014:
Title Salary 2014-15
Recreation Assistant(VH) $56,547
Assistant Village Administrator $62,226
Asst. Building Inspector $90,212
Building Inspector $112,474
Caretaker $40,712
Board of Trustees Meeting
July 29, 2014
Page 18
Communications Services Coordinator $78,487
Coordinator- Senior Services/Deputy Services/DeputyClerk $80,055
Deputy Treasurer $98,411
Inter. Acct. Clerk/Typist(Building) $51,944
Intermediate Acct. Clerk(Treas) $44,016
Office Assistant(Auto Systems)(Police) $51,531
Police Chief $149,610
Police Lieutenant $128,296
Recreation Assistant(AJP) $46,992
Recreation Assistant(Rec. Office) $57,293
Recreation Leader(Rec) $53,757
Recreation Leader(Rec) $48,132
Recreation Leader(VH) $42,687
Secretary to Administrator $65,527
Sr. Office Asst. (Office Mngr.) $53,799
Supt. of Parks&Recreation $96,028
Supt. of Public Works/Engineering $92,838
Treasurer $114,082
Village Administrator/Clerk $183,619
AND BE IT FURTHER RESOLVED, that all non-union employees shall receive one
additional floating Personal Day, to be taken on or before May 31, 2015 at an acceptable time
approved by their Supervisor,and which shall not be carried over or cashed-in; and
BE IT FURTHER RESOLVED, that all non-union employees be allowed to cash-in up to 50%
of their vacation days, up to ten (10) days maximum, regardless of their current vacation day
balance, provided they are cashed-in one time between the date of this resolution and May 31,
2015. It is further noted that for eligible employees, one year must elapse between the date these
days are taken and the next eligible day to cash-in vacation days.
Mr. Bradbury noted that this resolution addressed non-union personnel.
Mayor Rosenberg noted that these are hardworking employee. The Village has a
very talented, hardworking and devoted staff. Mr. Bradbury does a phenomenal job
managing the staff and he was very pleased to support this resolution.
On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the
resolution was adopted.
The roll was called:
Board of Trustees Meeting
July 29, 2014
Page 19
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
9) Considering the approval of minutes: March 25, 2014; April 8,
2014; April 22, 2014; May 27,2014; June 10, 2014
Mayor Rosenberg approved the summaries subject to modifications.
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Mr. Bradbury read an additional resolution:
#10) Transfer of funds to the Fire Protection- Equipment Account.
CONSIDERING THE TRANSFER OF FUNDS FOR FIRE ENGINE REPAIRS
RESOLVED, that the following transfer is hereby approved for repairs needed to Fire
Engine 14:
FROM TO AMOUNT
101.1990.424 101.3410.441 $ 9,000.00
Contingency Account Fire Protection-Equipment,
Maint. & Repairs
Board of Trustees Meeting
July 29, 2014
Page 20
On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
This resolution has to do with the repair the Engine. This is the secondary piece of
equipment.
ADMINISTRATOR'S REPORT
Mr. Bradbury noted that the paving work is ready to go out to bid. This is possibly over a
million dollars of work. High Street and Anderson Hill Road are two of the streets.
These two roads will have major reconstruction.
Work on the park basketball courts is going out to bid with the paving bid. If there are
extra funds then some additional work will be done. The bids are going out tomorrow.
The bid requires that the work be done during this calendar year.
Mr. Bradbury announced that the Music in the Park turned out great. The next Movie in
the Park is a Scooby Do Movie. The Village is trying to see if there is interest from the
Community to continue these types of events. Comments from the public are welcome.
Mayor Rosenberg called for members of the public wishing to address the Board. There
being no one, he called for a resolution to enter into an Executive Session.
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the executive
session on potential litigation was scheduled, and the meeting was adjourned at 9:16 p.m.
The roll was called:
Board of Trustees Meeting
July 29, 2014
Page 21
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Board of Trustees Meeting
July 29, 2014
Page 22