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
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February 25, 2014
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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
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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
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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
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February 25, 2014
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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.
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February 25, 2014
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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
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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
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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
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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
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