HomeMy WebLinkAbout2014-06-10 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
TUESDAY,JUNE 10, 2014
AGENDA
7:00 P.M.—Executive Session: Police and Fire Contract Negotiations; United Water
Rate Case
7:30 P.M.—REGULAR MEETING
PLEDGE OF ALLEGIANCE
REPORT/PRESENTATIONS
AFFORDABLE HOUSING
PUBLIC HEARINGS:
1) Public hearing to consider a proposed Comprehensive Plan for the Village of
Rye Brook
RESOLUTIONS:
1) Considering adopting a negative declaration for the Village of Rye Brook
Comprehensive Plan
2) Considering an agreement with KVS Information Systems, Inc. for a financial
software program
3) Considering a Use and Dissemination Agreement between the NYS Division
of Criminal Justice Services and the NYS Police and the Village of Rye Brook
for Access to DNA Records in the State DNA Index System
4) Considering the rejection of bid #14-01: `Lincoln Avenue Water Main
Extension'
5) Considering an agreement with USA-MDS of Westchester, NY for drug
testing services
6) Considering adding the Westchester Bank as designation of depository
Board of Trustees Meeting
June 10,2014
Page 1
7) Considering a lease agreement with Pitney Bowes, Inc. for a mailing machine
and meter
8) Considering entering into an agreement with Business Electronics, Inc. for
upgrades to the Police Department telephone/radio recording system
9) Considering a Stipulation of Agreement between the Village of Rye Brook
and the Rye Brook Police Association, Inc.
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEMS
1) Pine Ridge Park Hours
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: June 24 & July
8, 2014
BOARD: Trustee Susan R. Epstein
Trustee David M. Heiser
Trustee Jason A. Klein
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
Board of Trustees Meeting
June 10,2014
Page 2
Mayor Paul Rosenberg called the June 10, 2014 Board of Trustees meeting to order. He
noted that the Board held an Executive Session prior to the meeting on Police and Fire
Contract Negotiations and the United Water Rate Case.
Mayor Rosenberg stated that the first item on the agenda was a continuation of a public
hearing on the Village's Comprehensive Plan. He welcomed Comprehensive Plan
Committee Member, and Former Mayor, Joan Feinstein, to the meeting.
PUBLIC HEARINGS:
1) Public hearing to consider a proposed Comprehensive Plan for the
Village of Rye Brook
Mayor Rosenberg stated that over the past two Board of Trustees meetings
many of the issues were discussed. Several of the sections have been
reviewed, and three more sections remain. The public hearing will be closed
at the end of this meeting and the Environmental SEQRA will be declared.
No resolution will be voted upon at this meeting.
The first area of discussion was commercial zone. Susan Fauate, of BFJ
Planning, noted that there are two zones that are similar. Mayor Rosenberg
asked for a discussion on the OBI zone. This zone can accept housing. He
questioned if someone wanted to build housing in the office zone whether
they would need a Special Use. The response was that all but the OB 1 zone
can allow single family either by special permit or as-of-right. In the housing
chapter it says multi-family as-of-right. With the proposed change, multi-
family homes are not permitted. The need for a special use permit gives the
Village more control. If it is a permitted use, then an applicant come in and
build as-of-right. A special use permit allows for a review. Single family
homes in an OB 1 zone would not need a special use permit. A factor is the lot
size as the Village's Code has a minimum lot size per zone.
Frank Fish addressed the Board. He reviewed ways to gain more protection,
conservatively. Mayor Rosenberg noted that residential, retail, and office
zones can construct single family and multi-family homes.
Next discussed was the OB2 zone. Ms. Favate noted, as an example, that the
Arbors is a pre-existing non-conformity. This area of the Code should be
cleaned up a bit and be made understandable.
Mayor Rosenberg reviewed the retail use, and senior living. Susan Fauate
noted that they are trying to make the Code easier to understand. Mayor
Rosenberg called for comments or questions from members of the public and
the Board.
Board of Trustees Meeting
June 10,2014
Page 3
Mayor Rosenberg continued to review the plan. A lot of work has gone into
this Comprehensive Plan. The downtown area, parking standards, and the
side walk system have all been addressed. He called for a review of the final
section. It was noted that more information is available on the Village's
website. This information includes the meetings and workshops that have
been held. Residents have been given the opportunity to speak out and add
their input.
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 Epstein, and seconded by Trustee Heiser, the public
hearing was closed.
Mr. David Burke, Assistant Village Administrator, called the roll:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
RESOLUTION
1)Considering a negative declaration for the Village of Rye
Brook Comprehensive Plan.
Mr. Christopher Bradbury, Village Administrator,was called upon to read the
resolution for the Comprehensive Plan:
WHEREAS, the Village of Rye Brook Village Board is responsible for the
preparation and adoption of the Village of Rye Brook Comprehensive Plan
("Comprehensive Plan"), pursuant to Section 7-722 of the New York State Village Law;
and
WHEREAS, said Comprehensive Plan has been prepared in accordance with
NYS Village Law and provides a guide for land use and development decisions, the
adoption of municipal regulations and the investment of public funds for infrastructure;
and
Board of Trustees Meeting
June 10,2014
Page 4
WHEREAS, the adoption of a Comprehensive Plan is classified as a Type I
action under Part 617 of the State Environmental Quality Review Act ("SEQR"); and
WHEREAS, the Village Board directed its planning consultants, BFJ Planning,
to complete a full Environmental Assessment Form ("EAF") pursuant to SEQR, and said
EAF was submitted to the Village Board dated April 15, 2014; and
WHEREAS, the Village Board declared itself lead agency for this action and
authorized the circulation of the EAF and draft Plan to adjacent municipalities and the
Westchester County Department of Planning in accordance with Sections 239-1, 239-m
and 239-nn of the New York State General Municipal Law; and
WHEREAS, the Village Board held a public hearing on the Plan on May 13,
May 27 and June 10, 2014, at which time all those wishing to be heard were given an
opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Board of Trustees hereby adopts the annexed Negative Declaration with respect to the
adoption of the Comprehensive Plan ("Proposed Action"), and finds that, based upon the
information contained in the full EAF, the Proposed Action will not have any significant
adverse impacts on the environment, no environmental impact statement (EIS) needs to
be prepared and the SEQRA process is complete.
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, a
Negative Declaration was adopted.
Mr. Burke called the roll:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Mayor Rosenberg noted that there were members of the public waiting to hear the
discussion item on the agenda. With the consensus of the Board, and as a courtesy to the
residents, the matter was taken out of order.
DISCUSSION ITEMS
Board of Trustees Meeting
June 10,2014
Page 5
1) Pine Ridge Park Hours
Mayor Rosenberg noted that Trustee Epstein requested that this item be put on the
agenda for discussion. Mr. Bradbury was called upon to review the matter. He
noted that Pine Ridge Park closes from October 1st to March 31st at 7:00 p.m.
During the Summer months it closes at 9:00 p.m. Some calls are being received
regarding use of the basketball courts after hours. Residents have requested that
the lights be turned off when the park closes. The Police Officers will ask people
who are in the park after it closes to leave, but a half an hour later they are back.
A resident near Pine Ridge Park addressed the Board. He noted that there was a
buffer of trees between his property and the Park, but during the last several
storms the trees have come down. The result is that the lights shine into the
residences. The issue is not the people playing basketball but rather the lighting
that lets them play. Most of the people playing basketball in the park at night do
not live in Rye Brook. Safety is the issue. There is a point that the residents need
to be considered.
Mayor Rosenberg noted that the lights used to stay on all night long. Now they
are set by a timer to go off. Mr. Bradbury noted that the park closes at 9:00 p.m.
and no one is allowed in the park after 9:00 p.m. whether the lights are on or off.
It was noted that shields for the lights have been reviewed.
The discussion on this matter will continue. The law change being considered has
to do with the time that Pine Ridge Park opens and closes. The other issue is the
use of the park by non-residents, but this is difficult to enforce. The neighbors
will be notified the proposed Public Hearing.
Mr. Bradbury read the following resolution setting the public hearing:
RESOLUTION
CONSIDERING SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED
LOCAL LAW AMENDING PINE RIDGE PARK HOURS
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook shall hold a public hearing on June 24, 2014 at 7:30 p.m., at
Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law
amending Pine Ridge Park hours.
Board of Trustees Meeting
June 10,2014
Page 6
On a motion made by Trustee Epstein, and seconded by Trustee Klein, the
resolution was adopted.
Mr. Burke called the roll:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
Mayor Rosenberg called for the next item on the agenda:
2) Considering an agreement with KVS Information Systems, Inc.
for a financial software program
Mr. Bradbury read the following resolution:
CONSIDERING AN AGREEMENT WITH KVS INFORMATIONSYSTEMS,
INC. FOR A FINANCIAL SOFTWARE PROGRAM
WHEREAS,the Village of Rye Brook desires to update the current financial
software package used for financials and payroll; and
WHEREAS, after reviewing systems that specialize in government operations
and payroll the Village Administrator and Village Treasurer determined KVS
Information Systems, Inc. provided the best solution and pricing.
NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of
Trustee herby authorizes the Mayor and Village Administrator to enter into an agreement
with KVS, Information Systems, Inc. for a financial and payroll software program as
outlined in the proposal dated May 9, 2014; and be it
FURTHER RESOLVED, the agreement shall be in accordance with any
modifications approved by legal counsel.
Board of Trustees Meeting
June 10,2014
Page 7
Mr. Bradbury noted that this is a complete turnover from the current system to the
new system. Other systems were considered, but this one is very widely used in
this regent. This software fits the Village's needs, at the price point that the
Village was looking for.
It was noted that the Village's legal consultant has reviewed this contract .
On a motion made by Trustee Epstein, and seconded by Trustee Klein, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
3) Considering a Use and Dissemination Agreement between the NYS
Division of Criminal Justice Services and the NYS Police and the Village
of Rye Brook for Access to DNA Records in the State DNA Index System
Mr. Bradbury read the following resolution:
CONSIDERING APPROVING A USE AND DISSEMINATION AGREEMENT
BETWEEEN THE NYS DIVISION OF CRIMANL JUSTICE SERVICES AND
THE NYS POLICE AND THE VILLAGE OF RYE BROOK FOR ACCESS TO
DNA RECORDS IN THE STATE DNA INDEX SYSTEM
RESOLVED, that the Village of Rye Brook Board of Trustees herby approves
the Use and Dissemination Agreement between the NYS Division of Criminal Justice
Services and the NYS Police and the Village of Rye Brook for access to DNA records in
the State DNA Index System; and be it
FURTHER RESOVED, the Mayor, Village Administrator and Chief of Police
are hereby authorized to execute all documents necessary or appropriate to accomplish
the purpose of this resolution; and be it
Board of Trustees Meeting
June 10,2014
Page 8
FURTHER RESOLVED, the agreement shall be in accordance with any
modifications approved by legal counsel.
The premise of this resolution is the sharing of DNA with the Rye Brook Police
and the FBI.
On a motion made by Trustee Epstein, and seconded by Trustee Klein, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
4) Considering the rejection of bid #14-01: `Lincoln Avenue Water
Main Extension'
Mr. Bradbury read the following resolution:
WHEREAS, the Village of Rye Brook has solicited bids for Contract 914-01:
`Lincoln Avenue Water Main Extension;' and
WHEREAS, a public notice was duly advertised in the official newspaper of the
Village of Rye Brook on April 4, 2014; and
WHEREAS, at 10:00 a.m., Tuesday April 29, 2014, all bids received were
opened as summarized below:
BIDDER Base Bid BID BOND
Bilotta Const. Corp. $200,808.50 Yes
Board of Trustees Meeting
June 10,2014
Page 9
Joken Development Corp. $215,040 Yes
ELQ Industries,Inc. $233,975 Yes
WHEREAS, upon reviewing the bid, the Village Administrator and Village
Engineer/ Superintendent of Public Works determined all bids received exceeded the
funding available for the project.
NOW THEREFORE BE IT RESOLVED, that all bids for contract 414-01:
`Lincoln Avenue Water Main Extension' are hereby rejected.
It was noted that the bids were significantly above the Village's budget and,
therefore, they were rejected.
On a motion made by Trustee Klein, 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 Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
5) Considering an agreement with USA-MDS of Westchester,NY for drug
testing services
Mr. Bradbury read the following resolution:
WHEREAS,the Village of Rye Brook desires to enter into an agreement with
USA-MDT of Westchester,NY for drug testing services.
NOW,THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of
Trustees hereby authorizes the Mayor and Village Administrator to enter into an
Board of Trustees Meeting
June 10,2014
Page 10
agreement with USA-MDT of Westchester,NY for drug testing services as outlined in
the May 12, 2014 proposal letter.
Mayor Rosenberg noted that this is a requirement, and the resolution is self-
explanatory. This agreement will save quite a bit of time.
On a motion made by Trustee Klein, 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 Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
6) Considering adding the Westchester Bank as designation of
depository
Mr. Bradbury read the resolution:
RESOLVED,that the Westchester Bank is hereby designated as a depository for
the Village of Rye Brook in accordance with the provisions outlined in the Village of Rye
Brook Comprehensive Financial Policy Document.
Mr. Bradbury noted that some of the larger banks are not interested in notes
under $500,000.00 but the smaller banks will. The recommendation is to seek the
Westchester Bank as a Guarantor.
Board of Trustees Meeting
June 10,2014
Page 11
On a motion made by Trustee Klein, 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 Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
7) Considering a lease agreement with Pitney Bowes, Inc. for a
mailing machine and meter
Mayor Rosenberg noted that this matter will be addressed at a future
meeting.
8) Considering entering into an agreement with Business Electronics,
Inc. for upgrades to the Police Department
telephone/radio recording system
Mr. Bradbury read the resolution:
WHEREAS, the Village of Rye Brook Police Department currently leases
telephone/radio recording equipment from Business Electronics, Inc.; and
WHEREAS, Business Electronics, Inc. in a June 4, 2014 document, proposed the
Verint Audiolog Voice Logging Recording Solution which is an upgrade to the current
services.
NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of
Trustees hereby approves the agreement between the Village of Rye Brook and Business
Electronics, Inc. for the Verint Audiolog Voice Logging Recording Solution as outlined
in the June 4, 2014 proposal and the lease agreement with Fleetwood Financial for said
equipment; and be it
Board of Trustees Meeting
June 10,2014
Page 12
FURTHER RESOLVED, the Mayor and Administrator are hereby authorized to
execute and deliver all documents necessary or appropriate to accomplish the purposes of
this resolution; and be it
FURTHER RESOLVED, the agreement shall be in accordance with any
modifications approved by legal counsel.
Mayor Rosenberg noted that the vendor did an excellent job of listing the pros
and cons, and this program results in a savings.
On a motion made by Trustee Epstein, and seconded by Trustee Klein, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
9) Considering a Stipulation of Agreement between the Village of Rye
Brook and the Rye Brook Police Association, Inc.
Mr. Bradbury read the following resolution:
WHEREAS, the Village of Rye Brook and Rye Brook Police Association, Inc.
have been negotiating for a contract extension; and
WHEREAS, a Stipulation of Agreement was agreed upon by the two parties.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook enters
into an agreement with Rye Brook Police Association, Inc. for the period of June 1, 2014
through May 31, 2018, on the terms and conditions set forth in the Stipulation of
Agreement signed by both parties on May 30, 2014, which has since been ratified by the
Board of Trustees Meeting
June 10,2014
Page 13
Rye Brook Police Association members and hereby approved on behalf of the Village of
Rye Brook; and be it
FURTHER RESOLVED, that the Mayor and the Village Administrator are
authorized to execute and deliver all documents necessary or appropriate to accomplish
the purposes of this resolution.
Mayor Rosenberg thanked Chris and David, and Sgt. Arnold, for their hard
work on this agreement. Mr. Bradbury noted that the agreement addresses
increases in salary. There were no other changes to this contract.
On a motion made by Trustee Epstein, and seconded by Trustee Klein, the
resolution was adopted.
The roll was called:
Trustee Susan R. Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
ADMINIATOR'S REPORT
Mr. Bradbury noted that Saturday, June 14th, is the 32nd Rye Brook Birthday
Celebration at Crawford Park. This should be a great day, and everyone is hoping that
the weather will hold up.
Westchester County is paving Ridge Street around the 27th, 28th of July. This is an area
that needs repair. The Village will be taking over the street and it should be in good
condition before that happens. The road will be closed just North of Fairlawn to just
south of Sleepy Hallow. This project was negotiated with the County. There were other
improvements as well which include sidewalks, signalization, curbing. This section was
not done to the Village's satisfaction, and now it will be redone. An email blast will be
sent out, and the Village's website will contain additional information. The schools have
been notified of the work and dates involved.
Mr. Bradbury offered the Village's congratulations to Attorney Jennifer Gray who was
being honored as "40 under 40."
Board of Trustees Meeting
June 10,2014
Page 14
Mayor Rosenberg noted that the next Board of Trustee meetings were scheduled for June
24th and July 8th.
Mayor Rosenberg called for questions or comments from members of the public. There
being none he called for a motion to adjourn at 9:00 p.m.
On a motion made by Trustee Klein, 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 Jason A. Klein voting aye
Trustee Jeffrey B. Rednick voting aye
Mayor Paul S. Rosenberg voting aye
THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: June 24 & July
8, 2014
Board of Trustees Meeting
June 10,2014
Page 15