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HomeMy WebLinkAbout2014-02-25 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 25, 2014 AGENDA 7:15 P.M.—Executive Session: Legal Matters 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Continuation of a public hearing to consider an application to the Public Service Commission to distribute the cost for infrastructure maintenance and access to be included in the United Water rate charges to all customer classes and apportioned among all customers located in the municipality RESOLUTIONS: 1) Considering an application to the Public Service Commission to distribute the cost for infrastructure maintenance and access to be included in the United Water rate charges to all customer classes and apportioned among all customers located in the municipality 2) Resolution endorsing Westchester United and Metro Areas Foundation efforts to reduce gun violence 3) Adopting local adjustments for homestead and non-homestead base proportions 4) Considering setting a public hearing to consider a proposed local law to allow the use of best value award methodology for contracts 5) Considering a budget modification for highway overtime ADMINISTRATOR'S REPORT Board of Trustees Meeting February 25, 2014 Page 1 of 10 OLD BUSINESS NEW BUSINESS: 1) Request for the use of property from the owners of 14 Parkwood Place 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: March 11 & March 25, 2014 BOARD: Trustee Susan R. Epstein Trustee Jason A. Klein Trustee David M. Heiser Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant Village Administrator Chief Gregory Austin, Chief of Police Edward Beane, Village Counsel Michal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Mayor Paul Rosenberg called the February 25, 2014 Board of Trustees meeting to order. He noted that the Board held an Executive Session prior to the meeting on Legal Matters. Mayor Rosenberg called for the first item on the agenda under Public Hearings. PUBLIC HEARINGS: 1) Continuation of a public hearing to consider an application to the Public Service Commission to distribute the cost for infrastructure maintenance and access to be included in the United Water rate charges to all customer classes and apportioned among all customers located in the municipality Mayor Rosenberg noted that this was a continuation of a public hearing. This item addresses the cost dissemination for maintenance and access to the fire Board of Trustees Meeting February 25, 2014 Page 2 of 10 hydrants. The goal is to take the cost per fire hydrant which is now paid thru the Village's tax bill and place it directly on the water bills thereby making it payable by all customers. This matter was adjourned at the prior meeting for further review. A decision will be made by March 13, 2014 after the Public Service Commission makes its decision. Mayor Rosenberg called for comments or questions from the public and/or the Board. There being none, he called for a motion to adjourn the public hearing to March 25, 2014. On a motion made by Trustee Rednick, and seconded by Trustee Klein, the public hearing was adjourned. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg noted that the first resolution on the agenda, regarding United Water, would also be adjourned. He called for the second resolution on the agenda: RESOLUTIONS: 2) Resolution endorsing Westchester United and Metro Areas Foundation efforts to reduce gun violence Mr. Bradbury read the following resolution: RESOLUTION RESOLUTION ENDORSING WESTCHESTER UNITED AND THE METRO AREAS FOUNDATION EFFORTS TO REDUCE GUN VIOLENCE Board of Trustees Meeting February 25, 2014 Page 3 of 10 WHEREAS,Metro Industrial Areas Foundation is a national organization with a local affiliate, Westchester United, that works towards exploring ways to reduce gun violence; and WHEREAS, Pastor Jim O'Hanlon of St. Paul's Lutheran Church on King Street, which is a member of Westchester United, approached Police Chief Greg Austin seeking assistance and support in their cause to reduce gun violence; and WHEREAS, Metro Industrial Areas Foundation and local affiliates are seeking to build a coalition of Police Departments that only purchase firearms from manufacturers who are willing to work toward gun reform; and WHEREAS, although Rye Brook is a small player in the purchase of firearms, a coalition of support can make a difference. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook and Rye Brook Police Department hereby support Metro Industrial Areas Foundation and Westchester United in the goal to reduce gun violence; and be it FURTHER RESOLVED, the Rye Brook Police Department pledges to thoroughly review and explore all future firearm purchases so that manufacturers who employ responsible gun distribution practices are considered. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Chief Greg Austin addressed the Board. He explained that the purpose of the foundation was to look for ways to reduce gun violence. Many of the surrounding municipalities support this effort. Board of Trustees Meeting February 25, 2014 Page 4 of 10 Pastor Jim O'Hanlon of St. Paul's addressed the Board. St. Paul's is very interested in being involved in this community, and is now looking for support from Rye Brook Westchester United which is a fairly new organization that he is involved with. This organization is reaching out to law enforcement to see what can be done. Law enforcement is the major purchaser of fire arms in the U.S. Research is being conducted to see how a gun can be deactivated within a specific zone, such as a school, or how it can be activated only by the owner. The goal is to make our world safer. The Foundation is trying to line up as much support as possible so that the gun manufacturers will join in on this effort. Pastor Jim thanked the Village for joining in. Mayor Rosenberg noted that this is a great cause. He hoped that the passing the resolution would help. Mayor Rosenberg called for the next item on the agenda: 3) Adopting local adjustments for homestead and non-homestead base proportions Mayor Rosenberg noted that with the consensus of the Board, this matter was tabled. It would be taken up again at a future meeting. 4) Considering setting a public hearing to consider a proposed local law to allow the use of best value award methodology for contracts Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO ALLOW THE USE OF BEST VALUE AWARD METHODOLOGY FOR CONTRACTS WHERAS, the Village of Rye Brook procures contracts for goods pursuant to competitive bidding and General Municipal Law; and Board of Trustees Meeting February 25, 2014 Page 5 of 10 WHEREAS, the Village of Rye Brook believes contract for goods should be procured in a manner so as to assure the prudent and economical use of public monies, in the best interests of the taxpayers; and WHEREAS, New York General Municipal Law Section103(1) allows the Village to authorize, by local law, the award of certain purchase contracts subject to competitive bidding on the basis of"best value". NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees shall hold a public hearing on March 11, 2014 at 7:30PM at Village Hall, 938 King Street, Rye Brook, New York to consider a local law to allow the use of best value award methodology for contracts. Mr. Bradbury made a correction to the resolution. He noted that in 2012 New York State allowed municipalities to use the best value approach to awarding contracts. The Village takes the lowest responsible bidder approach. He explained both approaches and noted that this local law should be considered because there are organizations that take this approach give the Village a change at substantial savings . The goal is to get the best deal for the Rye Brook taxpayers. Mr. Michal Nowak, Superintendent of Public Works, addressed the Board. He noted that the intent is not to change the bidding process of the Village, but it has been found that there are purchasing alliances that offer extremely competitive prices which could mean considerable savings for the Village. The Village has become a member of the NJPA. Mr. Nowak gave an example of a recent savings of approximately $11,000.00 on the purchase of a tractor. There are other purchasing alliances out there. These organizations also take into consideration reliability, as well as the best value for our dollar. The John Deer Tractor had a combined price of$54,999.00 on the NY State list but the Village found it for $47,465.00. The Ford Utility Vehicle used by the Police Department costs $25,445.00 on New York State contract. HJAC has the same vehicle for $23,010. There is an approximate $2,000.00 to $4,000.00 savings here, as well as a significant time savings from researching the item, preparing the bids, reviewing the bids, making the purchase, and receiving the item. Mayor Rosenberg noted that it is great to have the ability to look into these savings. He asked that the resolution be modified so that Rye Brook cannot create its own best value bids in the future. Mr. Bradbury noted that the local law can be modified. The public hearing on this matter was set for March 11, 2014. Board of Trustees Meeting February 25, 2014 Page 6 of 10 On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted, as amended. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 5) Considering a budget modification for highway overtime Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A BUDGET MODIFICATION FOR HIGHWAY OVERTIME WHEREAS, due to several significant snow& ice storms that have hit the village this winter, the Snow Removal: Overtime/Temp Help account has been significantly depleted. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the following budget modification: FROM TO AMOUNT Contingency Overtime/Temp Help $35,000 (101.1990.424) (101.5142.199) Contingency Mechanic Overtime $5,000 (101.1990.424) (101.1640.189) On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Board of Trustees Meeting February 25, 2014 Page 7 of 10 Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg noted that this has been a rough winter so far. It has been considered one of the top five worst winters. The Highway Department did a great job clearing the roads and now potholes are being addressed with the application of cold patch. The Board commended the Highway Department for their hard work. Mr. Bradbury requested that an additional resolution be heard. 6) Mr. Bradbury read the following resolution: CONSIDERING APPROVING AN EXTENSION OF A PROPERTY ACCESS AGREEMENT WITH OPTIMUM LIGHTPATH RESOLVED, that the Mayor and Administrator are hereby authorized to sign and execute a five (5) year extension of the Property Access Agreement with Cablevision Lightpath, Inc. originally signed April 6, 2009. Mr. Bradbury noted that this resolution allowed access to the facility by Cable Vision. It is an agreement that is expiring. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Board of Trustees Meeting February 25, 2014 Page 8 of 10 Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye ADMINISTRATOR'S REPORT Mr. Bradbury began his report by noting that it has been a rough winter and the potholes will be addressed. About 5 '/2 tons of cold patch has been installed this winter. Some of the streets do not belong to Rye Brook like King Street and Westchester which are State streets. Some are county roads and some belong to Greenwich. Next he addressed the de-icing fluid being used at the Westchester County Airport. The de-icing fluid is safe environmentally, but it does smell. People are not sure if the de- icing smell is a gas leak and so the local fire departments have been receiving calls. The de-icing of planes is a very important safety issue and the Village has requested that the County look at different de-icing chemicals for the future. Additional information can be found on the Village's website. Residents can also call County Officials to discuss this issue. The County will be trying to modify the holding ponds, and they will start looking at a different smelling product. Mayor Rosenberg noted that many residents are very upset about the odor, and the Village has received many calls. NEW BUSINESS: 1) Request for the use of property from the owners of 14 Parkwood Place Mr. Bradbury noted that the owners of Parkwood Place are requesting the use of the Village's right-of-way. It was thought that the pillars at the beginning of the homeowner's driveway were on the homeowners' property but a recent survey shows that they are in the Village's right-of-way. A licensing agreement would have to be put in place if the Board is willing to consider this request. Mayor Rosenberg noted that the application would need to be Code compliant before this matter can be addressed. There was a stop work order issued for the construction of the pillars. The driveway will need a variance. He was concerned that this type of licensing agreement would set a precedent. Trustee Heiser questioned that if the pillars were entirely right-of-way what would happen if they need to be replaced. Edward Beane, Esq., Village Counsel, noted that a licensing agreement does not give up the property in perpetuity. If the Village needs that property, then the pillars would need to be taken down. Board of Trustees Meeting February 25, 2014 Page 9 of 10 Mr. Bradbury noted that there were options. If the Village Board wants to allow the pillars to remain in the right-of-way, it can enter into a licensing agreement now or send the application for a variance first. The consensus of the Board was that the Zoning Board should hear the matter first, without any influence from the Board of Trustees. There is only one variance needed to finish the driveway and have parking within 25' of the property line. The pillars in the driveway now are the subject of the stop work order. The consensus of the Board was that the applicant should apply for the variance or bring the driveway into compliance and then come back to the Board of Trustees to discuss the issue of a licensing agreement. It was noted that the current survey now reflects what is there. Mayor Rosenberg noted that the next Board of Trustee meetings were scheduled for March 11 and March 25, 2014. He called for members of the public wishing to address the Board. One resident noted that she was there for the resolution on firearms. Mayor Rosenberg noted that this matter was discussed earlier in the meeting and the Board passed a resolution in support. There being no other comments or questions, Mayor Rosenberg called for a motion to adjourn. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the meeting was adjourned at 8:30 p.m. Board of Trustees Meeting February 25, 2014 Page 10 of 10