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HomeMy WebLinkAbout2016-06-28 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 28, 2016 AGENDA 7:00 P.M. — EXECUTIVE SESSION: 1) Legal matters and advice regarding the Fire Protection Agreement by and between the Village of Port Chester and the Village of Rye Brook, and the Rye Brook career firefighters. 2) Teamsters Negotiations 7:30 P.M. — REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS PUBLIC HEARINGS RESOLUTIONS: 1) Considering site plan and subdivision applications by K&M Bowman Avenue and Win Ridge for a park on Bowman Avenue. 2) Setting a public hearing on a local law modifying the Village Code regarding fences/walls. 3) Setting a public hearing on a local law modifying the Village Code regarding home occupations. 4) Re-setting a public hearing on a proposed local law to reduce the length of time prior to the expiration of a building permit, and to require permits for replacement windows. Board of Trustees Meeting June 28, 2016 1 5) Considering a renewal of a consulting agreement with CPI-HR Regarding the Affordable Care Act (ACA). 6) Considering a renewal of a Tree Service contract with Central Tree Service, Inc. 7) Considering the approval of the minutes for the meeting held on June 14, 2016. ADMINISTRATOR'S REPORT OLD BUSINESS 1) Street Lights NEW BUSINESS DISCUSSION ITEM: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: Regular Meetings: July 12, 2016 and July 26, 2016 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 Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Board of Trustees Meeting June 28, 2016 2 The meeting opened with Sal Molino, Jr. leading the Board in the Pledge of Allegiance. Mayor Paul Rosenberg welcomed everyone to the Tuesday, June 28, 2016 Board of Trustees meeting. He noted that the Board just came from an Executive Session on Legal matters & advice regarding the Fire Protection Agreement by and between the Village of Port Chester and the Village of Rye Brook, and Teamster Negotiations. Mayor Rosenberg stated that Trustee Jason Klein was excused from attendance at the meeting. Mayor Rosenberg sadly noted that the Village lost an employee who had been with the Village for 20 years this past weekend. Carmella Swick, who worked in the Recreation Department, will be missed. Her offered condolences to her family. Mayor Rosenberg called for the first item on the agenda: RESOLUTIONS: 1) Considering site plan and subdivision applications by K&M Bowman Avenue and Win Ridge for a park on Bowman Avenue. Mr. Christopher Bradbury, Village Administrator, read the following resolution: RESOLUTION CONSIDERING AN APPLICATION BY RYE RIDGE PARK LLC FOR APPROVAL OF AN AMENDED SITE PLAN FOR THE RYE RIDGE SHOPPING CENTER, AND A THIRD AMENDED SITE PLAN AND AMENDED SUBDIVISION FOR THE PROJECT ENTITLED "BOWMAN AVENUE DEVELOPMENT" VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Board of Trustees is in receipt of an application by Rye Ridge Park LLC ("Applicant") on behalf of property owners K&M Realty Group, Ltd. and Win Plaza-De LLC, for approval of an Amended Site Plan for the Rye Ridge Shopping Center located on Bowman Avenue, designated as Parcel ID 141.27-1-7 on the Town of Rye Tax Map and located Board of Trustees Meeting June 28, 2016 3 in the C1-P Zoning District and the Scenic Roads Overlay District, and a Third Amended Site Plan and Amended Subdivision for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1 on the Town of Rye Tax Map and located in the Cl Zoning District and the Scenic Roads Overlay District; and WHEREAS, the Board of Trustees is the Approval Authority for the application; and WHEREAS, the Board of Trustees reviewed the following plans and application materials in connection with the Application: 1. Application for Subdivision of Land dated 3/18/16 2. Application for Site Plan Approval dated 4/1/16 3. Site Plan Submittal Review Check List dated 4/1/16 4. Full Environmental Assessment Form (Part 1) and EAF Mapper Summary Report dated 3/16/16 5. Rye Ridge Park Stormwater Pollution Prevention Plan prepared by John Meyer Consulting, Armonk, N.Y., dated 3/16/16 revised 6/3/16 6. Letter to the Planning Board from John Meyer Consulting, Armonk, N.Y., dated June 3, 2016 7. Letter to the Planning Board from John Meyer Consulting, Armonk, N.Y., dated May 6, 2016 8. Letter to the Planning Board from John Meyer Consulting, Armonk, N.Y., dated April 1, 2016 9. Letter to the Board of Trustees from John Meyer Consulting, Armonk, N.Y., dated March 17, 2016 10. ALTA/ACSM Land Title Survey of Rye Ridge Shopping Center, Sheet ALTA-1, prepared by John Meyer Consulting, Armonk, N.Y., dated 7/12/13, revised 7/25/13 11. Survey of Property, Sheet SU-1, prepared by John Meyer Consulting, Armonk, N.Y., dated 11/19/1993, revised 10/21/2008 12. Sheet PIP-1, "Preliminary Subdivision Plan," prepared by John Meyer Consulting, Armonk, N.Y., dated 3/1/16, revised 6/24/16 13. Engineer's Site Plans prepared by John Meyer Consulting, Armonk, N.Y.: 14. Gate Location Figure 1 dated 06/28/16 Sheet Number Sheet Title Dated SP-1 Cover Sheet 3/15/16 rev. 6/3/16 Board of Trustees Meeting June 28, 2016 4 SP-2 Existing Conditions Plan 3/15/16 rev. 6/3/16 SP-3 Site Demolition Plan 3/15/16 rev. 6/3/16 SP-4 Site Layout Plan 3/15/16 rev. 6/3/16 SP-5 Site Grading Plan 3/15/16 rev. 6/3/16 SP-6 Site Utilities Plan 3/15/16 rev. 6/3/16 SP-7 Site Erosion and Sediment Control Plan 3/15/16 rev. 6/3/16 SP-8 Site LandscapingPlan 3/15/16 rev. 6/3/16 SP-9 Site Lighting Intensities Plan 5/5/16 rev. 6/3/16 SP-10 Construction Details 3/15/16 rev. 6/3/16 SP-11 Construction Details 3/15/16 rev. 6/3/16 SP-12 Construction Details 3/15/16 rev. 6/3/16 SP-13 Construction Details 3/15/16 rev. 6/3/16 SP-14 Construction Details 3/15/16 rev. 6/3/16 SP-15 Construction Details 3/15/16 rev. 6/3/16 ZC-1 Zoning Compliance Plan K&M Parcel 3/15/16 rev. 6/3/16 ZC-2 Zoning Compliance Plan W7N Playa Parcel 4/28/16rev. 6/3/16; and WHEREAS, site plan and subdivision approval for the Bowman Avenue Development project by K&M Realty Group, Ltd. was previously granted by the Board of Trustees on July 24, 2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York State Environmental Quality Review Act ("SEQRA") on December 16, 2006; and Board of Trustees Meeting June 28, 2016 5 WHEREAS, an Amended Site Plan was thereafter approved by the Board of Trustees on January 22, 2013 following the adoption of a Negative Declaration pursuant to SEQRA; and WHEREAS, a Second Amended Site Plan was thereafter approved by the Board of Trustees on January 28, 2014 following the adoption of a Negative Declaration pursuant to SEQRA; and WHEREAS, the Applicant now proposes to modify the municipal park parcel design and modify the existing shopping center parcel to add parking for use by Rye Ridge Plaza on a small portion of the "Strip" that is proposed to be subdivided from the "Strip" to create to substandard lots; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo a coordinated review; and WHEREAS, on March 22, 2016 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 to the Board of Trustees on May 12, 2016; and WHEREAS, on April 1, 2016 the Board of Trustees circulated Notice of Intent to declare itself Lead Agency pursuant to SEQRA; and WHEREAS, on May 4, 2016, the applications were referred to the Westchester County Department of Planning, Town/Village of Harrison, City of Rye and the Port Chester-Rye Union Free School District; and WHEREAS, the Village received comments from the Westchester County Department of Planning, dated April 11, 2016 and May 16, 2016; and WHEREAS, the project has been revised to address comments of the Westchester County Department of Planning; and WHEREAS, on May 24, 2016 the Board of Trustees determined a supplemental environmental impact statement is not required and adopted an Amended Findings Statement pursuant to SEQRA certifying that all significant adverse environmental impacts have been mitigated or eliminated to the maximum extent practicable; and Board of Trustees Meeting June 28, 2016 6 WHEREAS, a duly advertised public hearing was opened by the Board of Trustees on May 24, 2016, at which time all those wishing to be heard on the Application were given such opportunity, and the public hearing was closed on June 14, 2016; and WHEREAS, on June 7, 2016 the Zoning Board of Appeals granted six (6) area variances for the proposed project; and WHEREAS, on June 9, 2016 the Planning Board granted a Wetland Permit and Steep Slopes Permit for the "Strip" subject to the approval of the pending Amended Site Plan and Subdivision applications; and WHEREAS, the Board of Trustees has reviewed memoranda from Village Planning Consultant Frederick P. Clark Associates, Inc. dated April 8, 2016, May 6, 2016, and June 13, 2016, and memoranda from Village Engineering Consultant Dolph Rotfeld Engineering, P.C. dated April 8, 2016, May 12, 2016, and June 10, 2016; and WHEREAS, the Board of Trustees is fully familiar with the prior environmental review conducted for the Bowman Avenue Development project and has reviewed and considered the Planning Board's report and recommendation, all submittals by the Applicant, and all memoranda issued by Village staff and consultants, as well as involved and interested agencies. NOW, THEREFORE, BE IT RESOLVED, that the applications by Rye Ridge Park LLC on behalf of property owners K&M Realty Group, Ltd. and Win Plaza-De LLC, for (1) approval of an Amended Site Plan for the Rye Ridge Shopping Center located on Bowman Avenue, designated as Parcel ID 141.27-1-7, and (2) approval of a Third Amended Site Plan and Amended Preliminary and Final Subdivision for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1, to permit construction of a passive park and parking facilities to be shared between the users of the passive park and the shopping center, along with other ancillary site improvements as shown on the plans listed herein, are hereby approved subject to the following conditions: General Conditions: 1. All references to "the Applicant" shall include the Applicant's successors and assigns. 2. The Applicant shall attach a copy of this Resolution to the building permit application. Board of Trustees Meeting June 28, 2016 7 3. The existing chain link fence located near the trash enclosure on the south side of the Win Plaza De-LLC parcel (141.27-1-7) shall remain, and an additional gate shall be added through said chain link fence and the existing path shall be extended as depicted on the plan Gate Location Figure 1 dated June 28, 2016 to enhance public access to Roanoke Park. 4. Two feet of clean fill shall be installed over unpaved areas of the Strip to cap areas where polycyclic aromatic hydrocarbon (PAH) compounds were detected and prevent direct contact with the underlying soil. The Applicant shall provide the Village with any reports, test results or communications with third parties, including NYSDEC, created or received after June 14, 2016 concerning the Strip immediately upon receipt, which obligation shall be continuing. Any biovent remaining on the Strip shall be removed by the Applicant, subject to recommendation of the Village's consulting environmental engineer. 5. A turbidity curtain shall be used during construction and/or any other method or methods determined to be necessary by the Village Engineer/Superintendent of Public Works, consultants or other approving agencies, to prevent migration of silt into the Bowman Avenue Pond. 6. Swimming, boating, fishing or other water related recreational activities shall be prohibited. Appropriate signage to that effect shall be installed by the Applicant. 7. Construction of the park improvements shall commence within six (6) months of obtaining a building permit or one (1) year from the date of this Resolution whichever occurs sooner, unless such time frame is otherwise extended by resolution of the Board of Trustees. 8. An offer of dedication for the park parcel shall be submitted within six (6) months of the issuance of a building permit or one (1) year from the date of this Resolution, whichever occurs sooner unless such time frame is otherwise extended by resolution of the Board of Trustees. 9. Construction of all improvements to the "Strip" shall be completed prior to the Village's acceptance of any offer of dedication. The Village will not consider an offer of dedication of the remaining portion of the Strip intended for use as a passive park until remediation has been completed to the satisfaction of the Village's consulting environmental engineer in accordance with its February 10, 2015 report as confirmed on March 23, 2015 by Edward Moore of NYS DEC and the Village consulting environmental engineer's June 1, 2016 letter, which are Board of Trustees Meeting June 28, 2016 8 annexed to the Resolution as Exhibit "A". In the event the approved passive park is not constructed, the Village shall receive a fee in lieu of parkland as required pursuant to the prior site plan approvals for the Strip and the Peninsula. 10. An area at a suitable location to be agreed to by Rye Ridge Park LLC and the Village Board shall be dedicated to the late sister-in-law (Beverly Lieberman) and late uncle (Ronald Berger) of the principal of property owner K&M Realty Group Ltd. A memorial plaque paid for and provided by K&M may be installed as approved by the Village Board. 11. Use of the park shall be consistent with those uses in a passive park. No sports courts, pools, community buildings or similar structures shall be constructed. Structures consistent with a passive park, such as a small maintenance building for park equipment storage or tot lot playground equipment shall be permitted. 12. This approval shall be subject to all conditions of the Planning Board's approval of the Steep Slopes Permit and Wetlands Permit and the Zoning Board of Appeals approval of variances. Unless otherwise stated in the Planning Board's Resolution approving the Steep Slopes Permit and Wetlands Permit, , pursuant to Sections 213-12.D and 213-13.A of the Village Code the Steep Slopes Permit shall expire upon completion of the work and shall be valid for a period of one year from the date of issue unless otherwise extended by the Planning Board, and pursuant to Section 245-11.13(2) of the Village Code the Wetlands Permit shall expire one year from the date of issue unless otherwise extended by the Planning Board. Unless otherwise stated in the Zoning Board's Resolution approving the variances, pursuant to Section 250-13.H of the Village Code the variances shall become null and void unless a building permit is issued within six months of the date of the granting of the variance or unless such time period is otherwise extended by the Zoning Board of Appeals. 13. Conditional approval of the Final Subdivision Plat shall expire one hundred eighty (180) days from the date of the adoption of this resolution unless all items required to be completed prior to the Mayor's signing of the plat have been certified as completed and the Final Plat has been submitted for endorsement by the Mayor, or unless a written request for an extension of Final Subdivision Plat Approval is granted. The Village Board may grant ninety (90) day extensions to said time period. Board of Trustees Meeting June 28, 2016 9 14. Once the Final Subdivision Plat has been endorsed by the Mayor, said plat must be filed in the Westchester County Clerk's Office within sixty-two (62) days. After said filing, five (5) copies of the Final Plat certified by Westchester County shall be submitted to the Village within thirty (30) days of filing. Prior to the sing of the Final Subdivision Plat by the Mayor, the following conditions shall be satisfied: 15. All application fees and professional review fees shall be paid in full. 16. Submit a certificate from Town of Rye Tax Assessor stating that all taxes levied, and all taxes that are a lien against the property,have been paid. 17. All existing and proposed easements shall be clearly identified on the plat. 18. The form and content of the plat shall conform to all applicable requirements of Chapter 219 of the Village Code. 19. The Applicant shall seek and obtain all required permits and/or approvals from the appropriate agencies, including but not limited to Westchester County Department of Health, and shall meet all conditions contained in such approvals, as required therein. 20. Percolation tests shall be performed to validate the infiltration rate assumptions made in the stormwater design prior to filing for coverage under the NYSDEC SPDES General Permit No. GP-0-15-002. The office of the Village Consulting Engineer shall be notified prior to testing for inspection(Dolph Rotfeld Engineering, P.C., 914- 631-8600). 21. Prior to filing for coverage under the NYSDEC SPDES General Permit No. GP-0-15- 002, the final SWPPP shall be submitted for review, including full and complete copies of all sheets in Appendix D. 22. The Applicant shall obtain a Stream Control Permit from Westchester County Department of Public Works and Transportation. 23. The Applicant must submit to the Village for review by the Village Attorney as to form, all necessary easements and restrictive covenants providing for shared parking for the proposed park, ingress and egress from Bowman Avenue to the proposed park for public access to the park and access by the Village for park maintenance purposes, plus any other necessary easement or restriction, including temporary construction easements. All necessary easements and restrictive Board of Trustees Meeting June 28, 2016 10 covenants shall be recorded by the Applicant simultaneously with the Final Subdivision Plat. The following documents, along with any other easement or restrictive covenant deemed necessary by the Village, shall be submitted for review by the Village Attorney: a. General: i. Modification of the terms and conditions of Declaration of Restrictive Covenant and the Agreement between Village of Rye Brook and K&M Realty Group, Ltd., dated May, 1994, prohibiting parking lots as principal uses on the Strip. ii. Restrictive Covenant over the Strip (Proposed Lots A & B) identifying the presence of PAH compounds and precluding any future residential use without appropriate remediation of the PAH compounds for such use. b. Win Plaza, LLC Parcel (Parcel ID 141.27-1-7): i. Existing WCDEF 12 foot wide Sanitary Sewer Trunk Easement ii. 10 foot wide Temporary Grading Easement to RRP LLC & Village of Rye Brook iii. 10 Foot wide Pedestrian Access Easement to the Village of Rye Brook iv. 15 foot wide Utility Easement (elec. Conduit) to the Village of Rye Brook V. General Ingress, Egress & Parking Easement to the Village of Rye Brook (no set width) c. Rye Ridge Park LLC Parcel(Proposed Lot A): i. Existing WCDEF 12 foot wide Sanitary Sewer Trunk Easement ii. 15 foot wide Utility Easement (elec. Conduit) to the Village of Rye Brook iii. 10 foot wide Temporary Grading Easement to the Village of Rye Brook iv. General Ingress, Egress & Parking Easement to the Village of Rye Brook (no set width) d. Village of Rye Brook Rye Ridge Park Parcel(Proposed Lot B): i. 10 foot wide Temporary Grading Easement to Rye Ridge Park LLC ii. 10 foot wide Temporary Grading Easement to Win Plaza, LLC iii. 15 foot wide Drainage Easement to Rye Ridge Park LLC Board of Trustees Meeting June 28, 2016 11 24. The Village acknowledges receipt of a performance guaranty in the form of a cash deposit previously submitted by K&M Realty Group Ltd to the Village to cover, among other things, the park improvements as approved by the Village Board on January 28, 2014 and July 24, 2007. To the extent the cost estimate for the park improvements approved herein exceeds the amount posted to guaranty the performance of the previously approved park improvements, the Applicant shall submit a bond, letter of credit or other guaranty in an amount to be determined by the Village Engineer/Superintendent of Public Works to cover the exceedance and guaranty performance of the improvements. Prior to the issuance of a building permit the following conditions shall be satisfied: 25. Proof of recording of the easements and restrictive covenants referenced above shall be submitted to the Village, including a copy of each recorded document. 26. Five (5) copies of the Final Plat certified by Westchester County shall be submitted to the Village within thirty (30) days of filing with the Westchester County Clerk's Office, Division of Land Records. 27. The Applicant shall provide a final, detailed monitoring and maintenance plan for all wetland buffer and steep slope plantings to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. 28. The Applicant shall provide a final, detailed monitoring and maintenance plan for all stormwater management facilities to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. 29. The Applicant shall provide the Village a final construction management plan which includes times and routes for construction vehicles, number of trucks, number of trips, dust and noise mitigation measures, and coordination with the Port Chester Middle School schedule to avoid traffic conflicts during school arrival and dismissal times. Construction traffic shall be scheduled to avoid generation of construction related traffic that coincides with roadway peak hours. The construction management plan is subject to review and approval by the Village Engineer/Superintendent of Public Works, Building and Fire Inspector, and fire and police services and any other consultants determined to be necessary by the Village Engineer/Superintendent of Public Works. BE IT FURTHER RESOLVED, that all requirements, conditions and mitigation measures related to the project as established by the Board of Trustees in the Amended Findings Statement, adopted May 24, 2016, shall constitute express conditions of this approval, except as Board of Trustees Meeting June 28, 2016 12 may be otherwise stated herein, and shall constitute obligations of the Applicant thereunder and its successors and assigns, and shall be continuing and enforceable by this Village Board of Trustees or its designated representative. BE IT FURTHER RESOLVED, that this approval shall supersede the amended site plan approval granted by the Board of Trustees on January 28, 2014, as it relates to the "Strip" including all conditions applicable to the Strip. Such January 28, 2014 approval shall remain in effect as it relates to the "Peninsula." 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. It was noted that the resolution is lengthy. Anyone interested in reading the entire resolution can obtain a copy from his office. It was also noted that the conditions read will apply. Mr. Stohlman of WinRidge thanked the Board of Trustees, Boards, Village Staff, and Consultants for all of the hard work on this project. Mayor Rosenberg questioned condition #7 of the resolution. Edward Beane, Esq., Village Counsel, reviewed the condition, noting that the Village fully expects that the project will move forward. Marilyn Timpone Mohamed, Village Consultant, noted that the applicant has provided everything that has been requested and everything complies. She also noted that she received a revised version of the map showing the easements. The Preliminary Subdivisions Plan had an original date of 6/3 and the revision is dated 6/23. This plan also shows the gates. Attorney Beane noted that Ms. Timpone Mohamed was correct, the last revision was on 6/27 and he would make sure that the most recent plan was sent out. The revision to the plan shows the easements and the correct date is 6/24. Mr. Bradbury pointed out a change to the gate location on figure 1. Mayor Rosenberg noted that this project has been a long time coming. He thanked the applicants for responding to all of the Village's concerns. Board of Trustees Meeting June 28, 2016 13 On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg congratulated the applicants on the approval. 2) Setting a public hearing on a local law modifying the Village Code regarding fences/walls. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW MODIFYING THE VILLAGE CODE REGARDING THE MAINTENANCE OF FENCES AND WALLS WHEREAS, the Village Board referred a proposed local law modifying the Village Code regarding maintenance of fences, landscape walls and retaining walls to the Planning Board for a report and recommendation; and WHEREAS, on the June 9, 2016 the Planning Board approved a report and recommendation supporting a revised modification to the Village Code regarding the maintenance of fences, landscape walls and retaining walls; and Board of Trustees Meeting June 28, 2016 14 WHEREAS, the proposed local law is a Type II action under SEQRA and therefore no further environmental review is required. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall hold a public hearing on a proposed local law on July 12, 2016 at 7:30 P.M., 938 King Street, Rye Brook, NY, to consider the proposed local law regarding the maintenance of fences, landscape walls and retaining walls. The Planning Board has reviewed this matter. Mr. Bradbury noted that the new local law pertains to commercial properties. The residents from 2 and 4 Paddock Road addressed the Board. They noted that the adjacent properties have pools. There is one fence between the two properties and now the Village is trying to require redundant fencing. It is very frustrating. They contacted the State in an attempt to receive a variance. Having two fences, side-by-side, is dangerous. This will cause safety and health hazards. The residents cannot understand why the Village would try to impose the construction of a second fence, 3 inches from the existing fence. Mr. Bradbury noted that this is a safety issue. Both properties have a pool, and pools need to be fenced in. This is State Code. Attorney Beane, stated that he was aware of the issue and the Code. He would need to do an additional review of the Code to gather all of the facts before he could speak. He will review this matter and prepare a response for the next Board of Trustee meeting. He thanked the residents for bringing this to the Village's attention. On a motion made by Trustee Epstein, and seconded by Trustee David Heiser, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting June 28, 2016 15 3) Setting a public hearing on a local law modifying the Village Code regarding home occupations. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW MODIFYING THE VILLAGE CODE REGARDING HOME OCCUPATIONS WHEREAS, the Village Board referred a proposed local law modifying the Village Code regarding home occupations to the Planning Board for a report and recommendation; and WHEREAS, on the June 9, 2016 the Planning Board approved a report and recommendation supporting modifications to the Village Code regarding home occupations and the requirement that the owner is a full-time resident at the premises and works at and owns a majority interest in the home occupation; and WHEREAS, the proposed local law is a Type II action under SEQRA and therefore no further environmental review is required. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall hold a public hearing on a proposed local law on July 12, 2016 at 7:30 P.M., 938 King Street, Rye Brook, NY, to consider the proposed local law regarding Board of Trustees Meeting June 28, 2016 16 home occupations and the requirement that the owner is a full-time resident at the premises and works at and owns a majority interest in the home occupation. Mr. Bradbury noted that there have been a number of issues, and this public hearing will address those issues. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 4) Re-setting a public hearing on a proposed local law to reduce the length of time prior to the expiration of a building permit, and to require permits for replacement windows. Mr. Bradbury read the following resolution: RESOLUTION RE-SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO REDUCE THE LENGTH OF TIME PRIOR TO THE EXPIRATION OF A BUILDING PERMIT, AND TO REQUIRE PERMITS FOR REPLACEMENT WINDOWS WHEREAS, a proposed local law has been prepared to reduce the length of time required prior to the expiration of a building permit; to allow for a modified process for an extension of building permits; and to require permits for replacement windows as a result of changes to the newly adopted 2016 Energy Code of NY State (ECNYS); and Board of Trustees Meeting June 28, 2016 17 WHEREAS, on June 14, 2016 the Village Board set a public hearing for June 28, 2016 for this proposed local law, but the public hearing was not provided in time to the official newspaper necessitating the need for the Village Board to re-set the date of the public hearing date; and WHEREAS, the proposed local law is a Type 11 action under SEQRA and therefore no further environmental review is required. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall hold a public hearing on a proposed local law on July 12, 2016 at 7:30 P.M., 938 King Street, Rye Brook, NY, to reduce the length of time required prior to the expiration of a building permit; to allow for a modified process for an extension of building permits; and to require permits for replacement windows as a result of changes to the newly adopted 2016 Energy Code of NY State (ECNYS) Mr. Bradbury noted that this resolution simply resets the public hearing. There were no additional comments or questions. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 5) Considering a renewal of a consulting agreement with CPI-HR Regarding the Affordable Care Act (ACA). Mr. Bradbury read the following resolution: Board of Trustees Meeting June 28, 2016 18 RESOLUTION CONSIDERING THE RENEWAL OF AN AGREEMENT WITH CORPORATE PLANS, INC (CPI-HR) FOR ASSISTANCE WITH ADMINISTRATION OF THE PATIENT PROTECTION AND 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, 2016. 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, 2016 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. Mr. Bradbury noted that this is a renewal. This is very good service. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting June 28, 2016 19 6) Considering a renewal of a Tree Service contract with Central Tree Service, Inc. Mr. Christopher Bradbury, Village Administrator, read the following resolution RESOLUTION CONSIDERING A RENEWAL OF A TREE SERVICE CONTRACT WITH CENTRAL TREE SERVICE, INC. WHEREAS, on October 14, 2014 the Village Board of Trustees awarded a Street Tree Removal bid to Central Tree Services, Inc. for 2014-15; and WHEREAS, the approved street tree removal bid allows for two additional one year extensions of the bid with the mutual agreement of the Village of Rye Brook and the awarded contractor; and WHEREAS, the street tree removal bid was extended at the same unit prices and conditions upon mutual agreement and approval of the Board of Trustees for the fiscal year beginning May 31, 2015 ending June 1, 2016; and WHEREAS, in a letter dated June 15, 2016 from Daniel Greto, President of Central Tree Services, he states his desire to extend the contract for the ensuing fiscal year from June 1, 2016 to May 31, 2017 at the same unit prices and conditions in the original contract; and WHEREAS, the Administrator and Superintendent of Public Works believes it is in the best interest of the Village to enter into this extension. NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby approves the extension to the Street Tree Removal bid for the ensuing fiscal year, June 1, 2016 to May 31, 2017, at the same unit prices and conditions of the original contract to Central Tree Services, Inc. Board of Trustees Meeting June 28, 2016 20 This contract is being extended with the same conditions and pricing as the original contract. Mayor Rosenberg noted that Central Tree Service does a great job. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 7) Considering the approval of the minutes for the meeting held on June 14, 2016. Mayor Rosenberg asked that the review and approval of the June 14 minutes be adjourned to the next meeting. With the consensus of the Board, the minutes were adjourned. ADMINISTRATOR'S REPORT: Mr. Bradbury began his report by noting that Rye Brook is hosting summer movies in the park as well as ice cream Fridays. These are free events offered to the residents at of events can be obtained at Village Hall and the events are listed on the Village's website. Mr. Bradbury reminded residents who are going away for more than three days to place their homes on the vacant house watch list. The Police Department will send an officer, at random times, to check the home and perimeter to make sure that everything is okay. This service is not available to those homeowners that have someone staying at the residence while they are gone. Rye Brook also offers a free home safety inspection. The Police Department will send an officer to inspect your home and offer advice on ways to better protect yourself. Anyone interested should call the Police Department. Board of Trustees Meeting June 28, 2016 21 Mayor Rosenberg congratulated Sgt. John Arnold on the completion of his recent ten week program at the FBI National Academy. Mayor Rosenberg called for the item under Old Business. OLD BUSINESS STREET LIGHTS The Village has had many discussions on LED Street Lights. There was a pilot program running, and an update took place a few months ago, just South of Fairlawn. Comments came in that the lights were too bright. The Village wants everyone to be very comfortable with the new lighting. The hope is to get feedback from residents and that is why they are trying different samples. Mr. Bradbury noted that they have narrowed the lights down to the top three lights. The costs have dropped over the past few years. Mr. Michel Nowak, Village Engineer, addressed the Board. He gave a brief overview of the lighting, the project, and the costs. The different types of light give off a different color of lighting. There are also different types of fixtures, and Mr. Nowak noted that there are guidelines to be followed. So far the Phillips Lomax is the most popular of the lights. Mayor Rosenberg called for members of the public wishing to address the Board. A resident from 7 Treetop in the Arbors addressed the Board. He expressed his concern over the change in the local law for replacing windows with an in-kind window. Now a resident must go to the Building Department and make an application. Window replacement requires a permit. Mr. Bradbury noted that the State Code has changed and now anyone that does renovation involving replacing windows must comply with the State Code. Mayor Rosenberg reminded everyone that this year's Fourth of July Celebration will be held on Saturday, July 9th at the Port Chester High School. He wished everyone a Happy Fourth. Mayor Rosenberg noted that the next Board of Trustee Meetings were scheduled for July 12th and July 26th. Board of Trustees Meeting June 28, 2016 22 He called for a motion for the Board to return to an Executive Session regarding the Fire Protection Agreement by and between the Village of Port Chester and the Village of Rye Brook, and the Rye Brook career firefighters. On motion made by Trustee Epstein, and seconded by Trustee Rednick, the Executive Session was scheduled. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye There being no further business before the Board, the meeting was adjourned at 8:37 p.m. Board of Trustees Meeting June 28, 2016 23