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HomeMy WebLinkAbout2009-05-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 26, 2009-7:30 P.M. AGENDA 7:00 PM– Executive Session– Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: (1) Public Hearing on a proposed local law to amend Chapter 250 for the Village of Rye Brook Village Code regarding election signs. RESOLUTIONS: (1) Considering a proposed local law to amend Chapter 250 of the Village of Rye Brook Village Code regarding signs (2) Considering the appointment of a Highway Department Laborer (3) Considering a request for waiver of notification requirements for the Zoning Board of Appeals (4) Considering the award of contract #09-05: Smoke Testing and Video Inspection Services (5) Considering the award of contract #09-07: Eagles Bluff Drainage Improvements (6) Entering into a lease and service agreement with American Digital Imaging for Village Hall and AJP Community Center copiers Board of Trustees Meeting May 26, 2009 Page 1 (7) Considering entering into a revocable permit agreement with SUNY Purchase for use of certain facilities by the Village Recreation Department (8) Considering a budget modification—Recreation Department (9) Considering the approval of minutes — March 10, 2009; April 14, 2009; April 28, 2009 ADMINISTRATOR'S REPORT: 1) Annual Report—Municipal Separate Storm Sewer System (MS4) OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: June 9 and June 23, 2009 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Excused: Trustee Dean P. Santon STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michel Novak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting May 26, 2009 Page 2 Mayor Joan L. Feinstein welcomed everyone to the May 27, 2009 Regular meeting of the Board of Trustees. She noted that Trustee Dean Santon was excused from the meeting. With the consensus of the Board, Mayor Feinstein called for item#2 under Resolutions: 2. CONSIDERING THE APPOINTMENT OF A HIGHWAY DEPARTMENT LABOR Mr. Bradbury, Village Administrator, read the following resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF A HIGHWAY DEPARTMENT LABORER RESOLVED, that Pietro DeVito of 87 Hawley Avenue, Port Chester, New York, is hereby appointed to the position of Laborer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $42,572 with an effective start date of June 15, 2009. Mr. Bradbury noted that Mr. DeVito has been a seasonal employee for the Village for the past five (5) years and was now being offered a full time position to fill a vacancy. Mr. DeVito is a Port Chester High School graduate. Mr. DeVito thanked everyone for the opportunity. On a motion made by Trustee Patricia Sanders Romano and seconded by Trustee Paul Rosenberg, the resolution was adopted amended. Mr. David Burke, Assistant to the Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein returned to the order of the agenda, and called for the public hearing. Board of Trustees Meeting May 26, 2009 Page 3 PUBLIC HEARINGS: 1. PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 FOR THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING ELECTION SIGNS. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the public hearing was declared open. Edward Beane, Esq., Village Counsel, noted that the genesis of these amendments arose from the Village Attorney's suggestions in response to inquiries by residents. There are different categories of signs within the Village's Code which include election signs, real estate signs, and advertisements. It was felt that election signs should be treated more restrictively than commercial signs. Depending on the election, there is the potential for having up to nine (9) signs on a resident's property. Certain significant changes were needed to be made in order to bring this portion of the Village's Code into sync with the rest of the Code. An additional definition for category of signs that are non-political has been added. In addition, one section has been revised to remove the distinctions between election signs and other types of signs. Mayor Feinstein noted that there is a balancing act between freedom of speech and blight within the community. The number of signs can be regulated, and she felt that the number should be reduced from the number that is currently allowed under the Village's Code. Mr. Beane noted that reducing the election signs meant reducing the number of signs allowed across the Board. An Open House is currently allowed six (6) signs. A discussion regarding the number of signs allowed, and the potential of reducing the number ensued. Trustee Rosenberg suggested that the Open House signs be reduced to two (2), and the election signs be reduced to six (6). On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the public hearing was closed. Board of Trustees Meeting May 26, 2009 Page 4 Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTIONS: 1. CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SIGNS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SIGNS WHEREAS, the Board of Trustees is considering amendments to Chapter 250 of the Code of the Village of Rye Brook concerning election signs; and WHEREAS, on May 26, 2009 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on May 26, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 250 of the Code as proposed regarding Signs. On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the resolution was adopted amended. Mr. David Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Board of Trustees Meeting May 26, 2009 Page 5 Mayor Joan L. Feinstein Voting Aye 3. CONSIDERING A REQUEST FOR WAIVER OF NOTIFICATION REQUIREMENTS FOR THE ZONING BOARD OF APPEALS Mayor Feinstein noted a request for an adjournment was made. With the consensus of the Board, the matter was adjourned. 4. CONSIDERING THE AWARD OF CONTRACT #09-05: SMOKE TESTING AND VIDEO INSPECTION SERVICES Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AWARD OF CONTRACT#09-05: SMOKE TESTING & TELEVISION INSPECTION OF SANITARY SEWERS WHEREAS, the Village of Rye Brook has solicited bids for Contract 09-05 "Smoke testing and Television Inspection of sanitary sewers"; and WHEREAS, public notice was duly advertised in the official newspaper of the Village of Rye Brook on April 20'' 2009; and WHEREAS, on Wednesday, May 6t" 2009 at 10:00 a.m., all bids received were opened as summarized below: BIDDER TOTAL BID BID BOND 1. Fred A. Cook, Jr., Inc. $12,600.00 Yes 2. Nat'l Water Main Cleaning Co. $14,175.00 Yes and; WHEREAS, upon reviewing the bids, the Acting Village Engineer determined that Fred A. Cook, Jr., Inc. of Montrose New York submitted the lowest bid meeting the requirements of the contract. Board of Trustees Meeting May 26, 2009 Page 6 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees awards Contract #09-05 "Smoke Testing and Television inspection of sanitary sewers" to Fred A. Cook, Jr. Inc of Montrose New York, for the total bid price of$12,600.00; and be it FURTHER RESOLED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, the resolution was adopted amended. Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury noted that the area of Rock Ridge Drive has been monitored because of stormwater getting into the sanitary sewer system and backing it up. In order to find out where the water is getting in a smoke test and video test will be done. This test will determine if the pipes are cracked, where leader drains and sump pumps direct water into the sewer system, etc. A big inflow of water brings the sewage up through the manholes. Trustee Rosenberg noted that leaders are not supposed to direct the water into the street. Mr. Bradbury stated that the water from roof leaders and sump pumps is supposed to be kept on the property. Pipes straight into the curb can overload the system and can also cause freezing in the winter. Mayor Feinstein noted that notification will be provided to the residents. Mr. Michel Nowak, Acting Village Engineer, stated contractor will be notifying the residents through various venues ranging from flyers and door hangers to form letters. The residents will be advised of the specific time and date of the testing. Information will also be placed on the Village's website. It was noted that there is potential of infiltration of non-toxic smoke into the homes. If there is an illegal hook-up of a sump pump then Board of Trustees Meeting May 26, 2009 Page 7 the smoke will go into the house. All emergency services will be on hand and Westchester County will be notified. Trustee Patricia Sanders Romano questioned how the smoke will be detected. Mr. Nowak said that the smoke will come out of the home's vent pipe on the roof. There is the potential that this smoke will set off smoke and carbon monoxide detectors. The Fire Department will be on site during these tests. Mr. Bradbury noted that in the 1990's the County did this type of testing countywide. It is a way of finding the cracks and breaks, and illegal connections. Mr. David Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5. CONSIDERING THE AWARD OF CONTRACT #09-07: EAGLES BLUFF DRAINAGE IMPROVEMENTS Mr. Bradbury read the following resolution: AWARDING CONTRACT #09-07: EAGLES BLUFF DRAINAGE IMPROVEMENTS WHEREAS, the Village of Rye Brook has solicited bids for contract#09-07 "Eagles Bluff Drainage Improvements"; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on April 19th, 20th, 23rd, 30t", and May 1 st, 2009; and WHEREAS, at 10:00 a.m., Wednesday, May 13th, 2009, all bids received were opened as summarized below; and BID BID BOND Board of Trustees Meeting May 26, 2009 Page 8 BIDDER AMOUNT CHECK 1. Con-Tech Construction Technology, Inc. $ 55,171.00 Yes 2. Vernon Hills Contracting Corp. $ 58,080.00 Yes 3. Marquise Construction & Develop. Corp. $ 58,784.00 Yes 4. ELQ Industries, Inc. $ 59,340.00 Yes 5. Landi Contracting, Inc. $ 64,120.00 Yes 6. WLJ Equities Corporation $ 65,601.88 Yes 7. United Septic & Excavation Corp. $ 69,928.00 Yes 8. 58A JVD Industries, LTD. $ 81491.00 Yes 9. Joken Development Corp. $ 82,568.00 Yes 10. WD Excavation & Contracting, Inc. $ 84,695.00 Yes I1. Cassidy Excavating, Inc. $ 86,830.00 Yes 12. Tardio Landscape Contracting, Inc. $ 97,870.00 Yes 13. Jubco Site Development $104,005.08 Yes WHEREAS, upon reviewing the bids, the Village Consulting Engineer, Dolph Rotfeld, P.C. has determined that the lowest responsible bidder meeting the requirements of the contract documents is Con-Tech Construction Technology, Inc. NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #09-07 "Eagles Bluff Drainage Improvements" is hereby awarded to Con-Tech Construction Technology, Inc., for the total bid price of $55,171; and be it FURTHER RESOLVED, $30,000 shall be paid for by a Hazard Mitigation Grant and the remaining $25,171.00 be paid for from the Sewer Account(8120.403); and be it FURTHER RESOLVED that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mayor Feinstein noted that this is another step in flood prevention. The majority of the funds for this project are coming from grants. On a motion made by Trustee Brown and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. David Burke called the roll: Board of Trustees Meeting May 26, 2009 Page 9 Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 6. ENTERING INTO A LEASE AND SERVICE AGREEMENT WITH AMERICAN DIGITAL IMAGING FOR VILLAGE HALL AND AJP COMMUNITY CENTER COPIERS Mr. Bradbury read the following resolution: RESOLUTION ENTERING INTO A LEASE AND SERVICE AGREEMENT WITH AMERICAN DIGITAL IMAGING FOR VILLAGE HALL AJP COMMUNITY CENTER COPIERS WHEREAS, the Village's current lease agreement for copiers expires June 1, 2009 and as a result the Village has solicited proposals from several vendors; and WHEREAS, the Village wishes to enter into a lease and service agreement with American Digital Imaging of Yorktown Heights, NY based on cost, equipment, service and efficiency. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into a lease agreement based on New York State Contract #PC59469 and service agreement with American Digital Imaging of Yorktown Heights, NY for sixty (60) months for four (5) copiers at a monthly lease and maintenance price of $1,154.89 per month for the following machines: 1 - Sharp MX-M620N 2 - Sharp MX-M350NA 2 - Sharp MX-260ON AND BE IT FURTHER RESOLVED, that the Mayor is herby authorized to execute and deliver any documents to accomplish the purpose of this resolution. Board of Trustees Meeting May 26, 2009 Page 10 Mayor Feinstein noted that resolution deals with the copiers to be replace. The new copiers are much more functional and there is a maintenance contract included in the lease agreement. On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 7. CONSIDERING ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT Mr. Bradbury read the following resolution: RESOLUTION CONSIDER ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of New York (hereinafter "Purchase College") from July 6, 2009 to August 14, 2009; and WHEREAS, Purchase College will grant the Village of Rye Brook Recreation Department, a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms; in exchange for a fee of Six Thousand Dollars and Zero Cents ($6,000.00), which is based on a rental fee of One Hundred Fifty Dollars and Zero Cents ($150.00) per hour. Board of Trustees Meeting May 26, 2009 Page 11 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College in accordance with the terms and agreements specified in the Revocable Permit Agreement; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign all necessary documents to implement the Revocable Permit Agreement. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was opened for discussion. Mayor Feinstein noted that the pool is used four (4) mornings per week for two (2) hours, however, the Village's camp runs longer than four (4) weeks. Mr. Bradbury noted the cost is based on the number of hours used and it was felt that the $6,000.00 was incorrect. He noted that he would go back and review this issue to ensure that the dollar amount was correct. Mayor Feinstein asked that the resolution be adjourned to the next Board of Trustee meeting. With the consensus of the Board, the matter was adjourned. 8. CONSIDERING A BUDGET MODIFICATION — RECREATION DEPARTMENT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A BUDGET MODIFICATION— RECREATION DEPARTMENT RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT Board of Trustees Meeting May 26, 2009 Page 12 101.1990.424 101.7140.426 $ 1,815.00 (Contingency) (Recreation Dept. — Janitorial Services) Mr. Bradbury noted that this resolution addresses the Janitorial Services at the Blind Brook School for Village run programs. Trustee Rosenberg questioned why the Village was over budget. The response was that Saturday morning school activities have ceased which resulted in an increase in the fee for the Village. If the janitorial staff is there for Village use then the fees must be paid by the Village. . On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 9. CONSIDERING THE APPROVAL OF MINUTES — MARCH 10, 2009; APRIL 14, 2009; APRIL 28, 2009 Mayor Feinstein asked that the vote on the April 14, 2009 and April 28, 2009 summaries be adjourned to the next Board of Trustees meeting. The Board addressed the March 10, 2009 summary. On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the summary was approved as amended. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting May 26, 2009 Page 13 Mayor Feinstein called upon Mr. Bradbury for the Administrator's Report. ADMINISTRATOR'S REPORT: The first matter discussed by Mr. Bradbury was the Municipal Separate Storm Sewer. The Village holds permit MS4. This permit allows Rye Brook to discharge storm water with requirements. The Village is part of the Long Island watershed. A report is prepared annually and the report is due by June 1st. As part of this program garbage and recycling information is dispersed to residents on sanitation calendars. The outfalls are mapped out and Mr. Nowak will be performing inspections, looking for broken lines and infiltration. It was also noted that post-construction inspections are part of this reporting. Catch basin cleanings are included in the report. The Village will continue to educate the residents as it is important to learn more about the system. A copy of the report will be available on the Village's website for residents that are interested in reviewing it. Mayor Feinstein called for members of the public wishing to address this issue. There being no one, Mr. Bradbury continued with his update. He noted that a number of bids are coming back within the next month. The repair work at the AJP Center and Pump Station, as well as the proposed work at Harkness Park's Tennis Court will be in soon. At this time the Edgewood Basin draft bid documents are being worked on and the information will be circulated shortly. Mr. Bradbury noted that he met with the management from AAA Carting, the Village's new sanitation carrier. The employees of AAA Carting have been shadowing the current vendor and everyone is looking for a smooth transition. Mr. Bradbury noted that Mayor Feinstein's letter published in the newspaper was very helpful in informing the residents of the upcoming change. The letter will be posted on the Village's website. DISCUSSION ITEMS: Mayor Feinstein noted that she placed this matter on the agenda in order to present an update on the status of the discussions regarding a Co-Terminus Village. She noted that she has met with Mayor Pilla of Port Chester, Supervisor Carvin, and the Mayor of Mamaroneck. Supervisor Carvin is looking to review a few items. She also noted that the Town of Mamaroneck is in discussions with Larchmont. Board of Trustees Meeting May 26, 2009 Page 14 There are some issues regarding the Rye Neck Section. The Mayor of Mamaroneck will look to see if there is an interest in a joint study. There is a desire to study various levels of government, and review efficiency. There are grants available for this study, and Assemblyman George Latimer has submitted information to the Village. A question has arisen during the discussions and that is, "could the county force the abolishment of the Village of Rye Brook?" The Board of Trustees will continue to review this matter and then report back to Assemblymen Latimer. Trustee Brown felt that the Board members needed to review the entire study. He felt that it does not make sense to have the County decide what to do with a municipality. When Rye Brook began looking into the possibility of a Co- Terminus Village its intent was to abolish the Town of Rye. There are shared services that need to be considered. Mayor Feinstein noted that she would email Assemblyman Latimer for additional information. Mayor Feinstein noted that the Rye Brook/Port Chester EMS was awarded Best Provider in Westchester County. This is a shared service and this is a great honor. They have done excellent work. Mayor Feinstein called for members of the public wishing to address the Board. There being no one, she called for a motion to adjourn. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano the meeting was adjourned at 8:45 p.m. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting May 26, 2009 Page 15