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HomeMy WebLinkAbout2003-05-27 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING Village of Rye Brook BOARD OF TRUSTEES MEETING Village Hall, 938 King Street Tuesday, May 27,2003 AGENDA 7:00 p.m.: APPRECIATION GATHERING IN HONOR OF ROSE DELLA VALLA FOR 31 YEARS OF SERVICE AS A SCHOOL CROSSING GUARD. Prior to the Board of Trustee Meeting, a ceremony was held in honor of Rose Della Valla. Ms. Della Valla, surrounded by family and friends, was thanked for her years of work with the Village as a Crossing Guard at her post at the corner of Winding Wood Road and Ridge Street. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1) CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING SPEED LIMIT ON KING STREET RESOLUTIONS 1) CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING SPEED LIMIT ON KING STREET 2) CONSIDERING THE ACCEPTANCE OF PROPERTY AND GENERAL LIABILITY INSURANCE FOR THE 2003-2004 FISCAL YEAR 3) AUTHORIZING VILLAGE ENGINEER TO OBTAIN PROPOSALS TO SURVEY MEADOWLARK PARK 4) CONSIDERING THE APPOINTMENT OF HIGHWAY LABORER 5) CONSIDERING THE APPOINTMENT OF RECREATION AND PARKS ATTENDANT Board of Trustee Meeting May 27,2003 Page 1 of 21 6) CONSIDERING THE APPOINTMENT OF RECREATION AND PARKS SUPERINTENDENT 7) CONSIDERING THE AWARD OF CONTRACT 9: 03-04, 2003 ROAD RESURFACING FOR MAYWOOD AVENUE, KNOLLWOOD DRIVE, FRANKLIN AVENUE, LINCOLN AVENUE AND HILLCREST AVENUE 8) CONSIDERING THE REJECTION OF BIDS FOR CONTRACT 9: 03-06, BATHROOMS/STORAGE BUILDING AT PINE RIDGE PARK 9) CONSIDERING THE APPOINTMENT OF AUDITOR FOR THE SCHEDULE OF BILLS PAYABLE 10) CONSIDERING THE APPOINTMENTS TO BOARDS, COMMITTEES & COMMISSIONS 11) APPROVAL OF MEETING MINUTES: February 11, 2003 & February 25, 2003 ADMINISTRATOR'S REPORT OLD BUSINESS 1) DISCUSSION ON PROCEDURE FOR SELLING VILLAGE OWNED PARCEL OF LAND OFF COMLY AVENUE NEW BUSINESS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Trustee Meetings: June 10, 2003 and June 24, 2003 Board of Trustee Meeting May 27,2003 Page 2 of 21 BOARD Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon STAFF Christopher Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Robert Bertolacci, Parks & Recreation Superintendent Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Dolph Rotfeld, Village Engineering Consultant Fred Siefert, Public Access Coordinator Robert Santoro, Chief of Police Paula Patafio, Meeting Secretary The meeting began at 7:30 p.m. with the Swearing In Ceremony for Mr. Paul Rosenberg, the Village's newest Trustee, who was appointed by Mayor Filipowski to fill the vacancy created by Trustee Donald Degling's resignation for the unexpired term until the 1St Monday in April, 2004. Mr. Rosenberg, who recently was on the ballot for Trustee in the March 2003 Election, has been looking forward to becoming a part of Rye Brook's government, and extended his appreciation to the Board and Mayor for the opportunity that he has been given. Mayor Filipowski, on behalf of the Board and the entire Village of Rye Brook, thanked Trustee Donald Degling for his numerous years of service. He noted that a much more formal ceremony to thank Trustee Degling would be held at a later date. Mayor Filipowski requested that several items under the Resolution portion of the Agenda be taken out of order to accommodate members of the public and Village Staff. He began by calling for item 96 under Resolutions: 6. CONSIDERING THE APPOINTMENT OF A RECREATION AND PARKS SUPERINTENDENT Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the following resolution was adopted: Board of Trustee Meeting May 27,2003 Page 3 of 21 RESOLUTION CONSIDERING THE APPOINTMENT OF RECREATION AND PARKS SUPERINTENDENT RESOLVED, that Robert Bertolacci, of 17 Maywood Avenue, Rye Brook, New York, is hereby appointed to the position of Supt. of Recreation 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 for the position shall remain at $60,570 with an effective start date of May 28, 2003 and a probationary period of 52 (fifty-two)weeks. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury stated that this appointment officially makes this a Civil Service position. He thanked Bert for the great job that he has been doing and noted that he is an asset to the Village of Rye Brook. Mr. Bertolacci thanked the Mayor, Board, and Village, for the opportunity. He reviewed several positive changes that have been taken place for the Recreation Department and the Village of Rye Brook, and stated that he looked forward to many more positive changes. Mayor Filipowski called for item 94: 4. CONSIDERING THE APPOINTMENT OF HIGHWAY LABORER Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the following resolution was adopted: RESOLUTION CONSIDERING THE APPOINTMENT OF HIGHWAY LABORER RESOLVED, that Joey C. Vasile, of 17 Valley Terrace, Rye Brook, 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 a physical exam and drug screen; and be it Board of Trustee Meeting May 27,2003 Page 4 of 21 FURTHER RESOLVED, that the annual salary for the position is $34,500 with an effective start date of June 2, 2003 and a probationary period of 52 (fifty-two) weeks. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski introduced Mr. Vasile, who goes by the name of Chris, to the Board and members of the public. Mr. Vasile thanked the Village for this opportunity. Mayor Filipowski called for item 92: 2. CONSIDERING THE ACCEPTANCE OF PROPERTY AND GENERAL LIABILITY INSURANCE FOR THE 2003-2004 FISCAL YEAR Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION ACCEPTANCE OF INSURANCE PROPOSAL FOR FISCAL YEAR JUNE 2003-2004 WHEREAS, the Village of Rye Brook has retained Insurance Consultant Advisory Services, Inc, dba, Risk Management Services to review, prepare specifications and solicit proposals to meet the property, automobile, general, public officials and police officials liability needs of the Village; and WHEREAS, Risk Management Services over the past several months has made the following determination: 1) The current insurance marketplace is extremely restrictive. 2) Average increases range from 45% to 200% Board of Trustee Meeting May 27,2003 Page 5 of 21 3) There is diminished insurance availability especially in the municipality area NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby accepts the placement of the Villages' insurance portfolio, including, but not limited to, property, automobile, general, public officials and police officials liability, with New York Municipal Insurance Reciprocal (NYMIR), with a total annual premium of Two Hundred Forty Three Thousand Fifty Four and 32/100 ($243,054.32) Dollars, including the first five (5) years' payments for capitalization of Fifteen Thousand Five Hundred and 00/100 ($15,500.00) Dollars brokered by the Spain Agency, Mahopac, New York, effective June 1, 2003. This Resolution shall be null and void in the event the Village receives one or more lower quotations for comparable coverage from other insurance carriers on or before 12 noon on May 29, 2003, with a special meeting being scheduled for May 30, 2003 to consider any such lower quotations. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE The following memorandum from Mr. Christopher Bradbury, Village Administrator, was also made part of the record: Board of Trustee Meeting May 27,2003 Page 6 of 21 VILLAGE OF RYE BROOK MEMORANDUM TO: Honorable Mayor and Village Board Members FROM: Christopher J. Bradbury, Administrator SUBJECT: Insurance Renewal June 1, 2003 DATE: May 23, 2003 Alan Bader will be coming to next Tuesday's Village Board meeting to provide a recommendation on our property and general liability insurance renewals. He has been working on this renewal for the last three (3) months. Despite the Village's good loss experience, this had been a very difficult market and it has been hard for municipalities to even receive quotes. Our current carrier, Kemper, is not an option as it is not putting in a quote, has been downgraded, and is experiencing extreme financial difficulties. The Village has reached out to at least seven (7) firms that provide municipal insurance, and three (3) are putting in quotes for our policy that begins June 1, 2003. They are the New York Municipal Insurance Reciprocal (NYMIR), Zurich Insurance Company through the Community Work Insurance Program, and Harco/Traveler's through Corieri and Associates. Final quotes were not available at the time of this letter and will be presented by Alan with a recommendation on Tuesday. Alan reports that carriers do not like to quote until 60 days are left on the policy year, and this year they are holding their quotes until the last minute despite daily phone calls. Please note that if this item is not acted on at Tuesday's meeting, it will have to be acted on by next Friday so we have active insurance coverage. The following is the current breakdown of the 2002-03 insurance premiums for the Village of Rye Brook: Policy Description Amount Package Policy Includes property damage, liability, $163,860 crime, automobile, employee benefits and law enforcement liability Public Officials Liability Policy $21,000 Umbrella Liability($10 Million) $49,900 Public Officials Bond $7,500 Total Premium $242,260 Please note that workers compensation is not included in the above breakdown as it is a separate policy with a different policy year. Board of Trustee Meeting May 27,2003 Page 7 of 21 Mr. Alan Bader, President of Insurance Consultant Advisory Services, Inc, dba, Risk Management Services, addressed the Board. Mr. Bader noted that the Village's insurance expired on June 1, 2003. He researched this matter, requested proposals from eight insurance companies, of which only three expressed any interest. Unfortunately, only one company came through with a proposal, and that was the New York Municipal Insurance Reciprocal (NYMIR). The coverages and details of coverage are as broad as the current policy that was previously in place. There is a capitalization requirement of $15,000, which the Village would be obligated to pay over a five year period. If the Village drops out, it will still be obligated to pay the $15,000. There is an assessment provision to this policy for catastrophic exposure. To balance that out there is a catastrophic reinsurance program in place. The NYMIR Group would provide the Village with Risk Management Insurance Consultant Services. This will help the Village develop safety engineering programs. Mr. Christopher Bradbury, Village Administrator, noted that there are over 500 municipalities in New York State that are part of the NYMIR program. This program is becoming stronger and stronger every year. In terms of the premium, he pointed out that it is very favorable. The premiums are less than 1% of an increase, and the limits are at the same rate, and there are broader coverages under this program. Mayor Filipowski thanked Mr. Bader for his efforts. He turned to the Board for questions. Trustee Dean Santon felt that the capitalization cost of$15,000 would lock the Village into $77,500 over a five year period. Mr. Bradbury responded that this program is a pool system where Municipality A insures Municipality B and Municipality B insures Municipality C, etc. Mr. Bader noted that this program was for legal liability coverage. Edward Beane, Esq., Village Counsel, stated that he also felt that these rates were extraordinarily good. Trustee Robert Harris noted that two additional proposals were scheduled to come in. He asked when these additional proposals were expected. Mr. Bader responded that the process started three and a half months ago, which gave the other companies ample time to submit their quotes. However, they requested additional time and these proposals were expected within the next several days. He noted, however, that it was his opinion that even if, and when, they were received, the NYMIR program would still better serve the Village. Mayor Filipowski questioned whether or not this matter should be left open so that the remaining bids could be reviewed. Board of Trustee Meeting May 27,2003 Page 8 of 21 Mr. Beane noted that he and Mr. Bradbury had discussed this matter. He suggested that this matter not be left open until the deadline date and expose the Village to the potential of not having coverage. He asked that a decision be made no later than Friday. As Insurance companies are entitled to charge this 10% of the policy premium as a short rate penalty to cover their administrative costs, it was noted that cancellation could potentially cost the Village capitalization, plus 10% fees. This would be in conjunction with the $75,000 of capitalization costs. Trustee Harris questioned whether or not there would be a discount for paying up front. Mr. Bader responded that there was not. Trustee Harris expressed his concern for the policy premiums one or two years down the line. He was afraid that the first year this policy would be cheaper and then the fees would escalate. Mayor Filipowski suggested that the resolution be accepted subject to the next 48 hours. Mr. Bader agreed, and suggested holding this matter open to Thursday evening. Trustee Rosenberg questioned whether or not the Village's new firehouse had been taken into consideration. Mr. Bader noted that once the building is completed it will be added to the policy, and additional premiums will be charged. This would be the same for any other insurance company. He pointed out that there was a benefit in having one insurance company holding all of the policies. Trustee Santon questioned the mechanics of actually putting this policy in place. Mr. Bader noted that it was not a difficult process. It was noted that the policy premium could be increased if NYMIR heard that the Village was waiting for other offers. Mr. Bradbury stated that NYMIR had very competitive rates. This assessment has been an issue and a big concern that Village staff and consultants have been working on. Mr. Beane made amendments to the resolution and re-read it for the Board's approval, as amended. (The amendments are included in the resolution above.) On a motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution was adopted as amended. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting May 27,2003 Page 9 of 21 Mayor Filipowski returned to the agenda. PUBLIC HEARING 1. CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING SPEED LIMIT ON KING STREET Mayor Filipowski declared the public hearing open. He turned to Mr. Bradbury for an overview of the proposed amendments. Mr. Bradbury stated that the signs have been installed on King Street and the new speed limit is now enforceable. These amendments would ensure that the Village would be entitled to a portion of the revenue from tickets issued on this roadway. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the Public hearing was closed. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE RESOLUTION 1. CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING SPEED LIMIT ON KING STREET Mr. Bradbury read the resolution. On a motion made by Trustee Goodman and seconded by Trustee Rosenberg the following resolution was adopted: RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING THE SPEED LIMIT ALONG KING STREET WHEREAS, the State of New York has reduced the speed limit along the portion of King Street within the municipal boundaries of the Village of Rye Brook from forty (40) miles per hour to thirty-five (35) miles per hour; and Board of Trustee Meeting May 27,2003 Page 10 of 21 WHEREAS, a proposed local law was introduced to amend Section 240-7 of the Code of the Village of Rye Brook to codify the reduced speed limit so it can be enforced pursuant to the Code of the Village of Rye Brook and, thereby, allow the Village to obtain a portion of the fines accessed for violations of the reduced speed limit; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on May 27, 2003, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on May 27, 2003; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of such local law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Section 240-7 of the Code of the Village of Rye Brook to codify the reduction in the speed limit along King Street, which amendment(s) are enacted into law as Local Law 96-2003 ; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. AUTHORIZING VILLAGE ENGINEER TO OBTAIN PROPOSALS TO SURVEY MEADOWLARK PARK Mr. Bradbury read the resolution. On a motion made by Trustee Harris and seconded by Trustee Goodman the following resolution was adopted: Board of Trustee Meeting May 27,2003 Page 11 of 21 RESOLUTION AUTHORIZING VILLAGE ENGINEER TO OBTAIN PROPOSALS TO SURVEY MEADOWLARK PARK WHEREAS, the Village of Rye Brook is concerned of possible encroachments into Village parkland; and WHEREAS, no current surveys or field markings of Meadowlark Park, are available in Village records; NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Village Engineer to solicit for proposals to provide a field survey of Meadowlark Park, to include field staking of the parcel and to provide a map by a licensed land surveyor indicating all encroachments into the park from adjacent properties. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Harris asked that the parcel contiguous to Meadowlark Park be included in the survey. Trustee Santon noted that Meadowlark is a 1.3 acre parcel that was deeded to the Town of Rye in 1966 by the developer of Meadowlark. The Town of Rye acquired another parcel in 1978, which would have been the last building lot on Edgewood Drive (approximately .85 acres). These two lots are contiguous and should be surveyed together. He reminded the Board that Mr. Dolph Rotfeld, Village's Engineering Consultant, identified this rectangular shaped parcel on Edgewood Drive, (Lot 35, Block A of the Byram Ridge Subdivision) as an area to have a stormwater detention basin constructed on it. Mayor Filipowski asked for clarification and the Board's consensus regarding surveying the additional two parcels. He felt that the $450,000 budgeted for this project would no longer be sufficient. Mr. Bradbury asked for direction from the Board as to how far they wanted to go, and what they were willing to spend. Trustee Goodman suggested that the Board should authorize Mr. Bradbury to get bids to survey the entire project, and then a portion of the project. In this manner the Board could evaluate costs. The Board agreed, and Mr. Bradbury stated that he could come back to the Board with the bids. Mr. Beane amended the resolution, and the Board voted upon the resolution, as amended. Board of Trustee Meeting May 27,2003 Page 12 of 21 TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. CONSIDERING THE APPOINTMENT OF RECREATION AND PARKSATTENDANT Mr. Bradbury read the resolution. On a motion made by Trustee Goodman and seconded by Trustee Rosenberg the following resolution was adopted: RESOLUTION CONSIDERING THE APPOINTMENT OF RECREATION & PARKS ATTENDANT RESOLVED, that Theodore H. Warzoha, of 8 Sioux Place, Greenwich, Connecticut, is hereby appointed to the position of Recreation Attendant with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York and a physical exam and drug screen; and be it FURTHER RESOLVED, that the annual salary for the position is $33,327 with an effective start date of June 2, 2003 and a probationary period of 52 (fifty-two) weeks. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7. CONSIDERING THE AWARD OF CONTRACT #03-04; 2003 Road RESURFACING FOR MAYWOOD AVENUE, KNOLLWOOD DRIVE, FRANKLIN STREET, LINCOLN AVENUE AND HILLCREST AVENUE Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the following resolution was adopted: Board of Trustee Meeting May 27,2003 Page 13 of 21 RESOLUTION AWARDING CONTRACT #03-04 2003 ROAD RESURFACING MAYWOOD AVENUE,KNOLLWOOD DRIVE, FRANKLIN STREET, LINCOLN AVENUE, and HILLCREST AVENUE WHEREAS, the Village of Rye Brook has solicited bids for contract 03- 04 "2003 Road Resurfacing — Maywood Avenue, Knollwood Drive, Franklin Avenue, Lincoln Avenue and Hillcrest Avenue"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on March 14d', 19th, and 24th, 2003; and WHEREAS, at 10:00 a.m., Thursday, April 3rd, 2003, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND 1. ELQ Industries $253,998.90 Yes 2. Bilotta Construction Corp. $284,663.80 Yes 3. Xavier Contracting, LLC $298,700.00 Yes 4. Peckham Road Corp. $346,976.00 Yes WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is ELQ Industries for the total bid price of$253,998.90, and WHEREAS, $160,000 has been designated in the 2002-2003 Capital Budget for roadway resurfacing, and WHEREAS, this bid includes drainage improvements for Knollwood Drive, paving on Maywood Avenue, and an asphalt base layer on Lincoln Avenue that were not included in the $160,000 Capital Budget allocated for roadway resurfacing, NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract 903-04 "2003 Road Resurfacing—Maywood Avenue, Knollwood Drive, Franklin Board of Trustee Meeting May 27,2003 Page 14 of 21 Street, Lincoln Avenue and Hillcrest Avenue" is hereby awarded to ELQ Industries for the total bid price of$253,998.90; and be it FURTHER RESOLVED, that funding for resurfacing of Knollwood Drive, Lincoln Avenue, Franklin Avenue, and Hillcrest Avenue for a total value of not more than $160,000 shall be from Fiscal Year 2002-2003 Capital; and be it FURTHER RESOLVED, that funding for drainage improvements included in the contract drawings to Knollwood Drive, valued at approximately $12,000, be appropriated from Special Maintenance Account 101.8120.403; and be it FURTHER RESOLVED, that approximately $18,000 of proposed roadway asphalt base improvements for Lincoln Avenue be removed from the work; and be it FURTHER RESOLVED, that funding for resurfacing and improvements to Maywood Drive included in the contract drawings for a total value not to exceed $65,000 be appropriated from Fiscal Year 2003-2004 Capital; 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. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Santon voiced his concerns regarding the streets chosen for resurfacing. Mr. Bradbury responded to questions raised by Trustee Santon, beginning with the repaving of Upper Lincoln Avenue. He noted that the original proposal for this roadway was to do a surface coating. Mr. Victor Carosi, Village Engineer, added that some milling and curbing would also be done on upper Lincoln Avenue, but this work was not part of the original budget when this project was put together. The traffic volume on the upper portion of Lincoln Avenue does not warrant the additional expenditures being suggested. This roadway is used as access to the Village's compost site, and occasional use as an access to SUNY. The work proposed will even out the roadway and remove all potholes, making it safe to travel on it. Upper Lincoln Avenue was not designed like the other roads in the Village as it started as an access road. At this time the goal is to remove the large potholes and make the road a better road to travel on. Board of Trustee Meeting May 27,2003 Page 15 of 21 Mayor Filipowski questioned any experience that the Village, or Mr. Carosi, may have had with the bidders. Mr. Carosi responded that the second bidder is under contract with the County, and were responsible for North Ridge Street. He also noted that he has had experience with two other bidders. Trustee Santon questioned whether or not curb work would be done on Lincoln Avenue. Mr. Carosi responded that no curb work would be done. Trustee Harris noted that recently a hole that Con Edison filled on a Village street had collapsed. He asked who should be notified in this type of situation. Mr. Carosi responded that any dangerous situation that occurs after hours should be reported to the Police Department. They will contact the Public Works Department. It was noted that the utility companies have opened many of the roads in different areas, which creates a patch work. They have been contacted about the resurfacing work proposed. Con Edison notified the Village that they will be replacing a gas main along Knollwood Avenue, and this will be completed before the proposed work begins. Con Edison will also be passing along a cost savings of several thousand dollars to the Village that was recognized because they did not have to do patch work. It was noted that many residents have contacted the Public Works Department to complain about different streets within the Village. Mr. Carosi stated that he has been evaluating the roads within the Village and would have a list of which roads were repaved and when they were repaved for the Board of Trustees within the next month. He further noted that each road is evaluated before any decisions of what road will be next to be resurfaced. Mr. Bradbury pointed out that the Village Staff has tried to stretch the funding as far as possible. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for the next item on the agenda: 8. CONSIDERING THE REJECTION OF BIDS FOR CONTRACT #03-06: BATHROOMS/STORAGE BUILDING AT PINE RIDGE PARK Mr. Bradbury read the resolution. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the following resolution was adopted: Board of Trustee Meeting May 27,2003 Page 16 of 21 RESOLUTION REJECTING BIDS FOR CONTRACT NO. 03-06 BATHROOMS/STORAGE BUILDING AT PINE RIDGE PARK WHEREAS, the Village of Rye Brook has solicited bids for Contract No. 03-06 `Bathrooms/Storage Building at Pine Ridge Park"; and WHEREAS, a public notice was duly advertised in the Journal News, the official newspaper of the Village of Rye Brook on April 29, 2003 and May 5, 2003; and WHEREAS, two bids were received by the due date of May 15, 2003, at 10:00 a.m., at which time all bids received were opened as summarized below: BIDDER BID AMOUNT BID BOND Seabury Enterprises, LLC $149,300 Yes TDT, Inc. $123,617 Yes WHEREAS, the Recreation and Parks Superintendent and Village Administrator rejected the bids of Seabury Enterprises, LLC and TDT, Inc. because the bids were far in excess of the costs deemed reasonable for the services requested; NOW, THEREFORE, BE IT RESOLVED, that all bids for Contract No. 03-06 `Bathroom/Storage Building at Pine Ridge Park" are hereby rejected; and BE IT FURTHER RESOLVED, that the Village Administrator/Clerk is hereby authorized to rebid the `Bathroom/Storage Building at Pine Ridge Park" and to revise the bid specifications so that the project design and scope is within the project budget of$50,000. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mr. Bradbury stated that these bids were out of proportion. This is a very simple building and, unfortunately, there were only two bidders on this small project. His office will try to increase the interest in the project to obtain additional bids. Board of Trustee Meeting May 27,2003 Page 17 of 21 Trustee Harris asked if this structure could be constructed via a barter system with developers that work within the Village. For instance, if a developer has mistakenly removed trees, perhaps he could assist in the construction of this type of facility versus paying fines. Mr. Beane responded that all contracts must be placed out for bid. Trustee Goodman questioned whether or not this structure could be constructed for $50,000. Mr. Bradbury felt that it could be for the budgeted funds. 9. CONSIDERING THE APPOINTMENT OF AUDITOR FOR THE SCHEDULE OF BILLS PAYABLE Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION CONSIDERING THE APPOINTMENT OF DONALD E. DEGLING AS VILLAGE AUDITOR WHEREAS, the office of Auditor has been established by Local Law A258, Article I of the Rye Brook Code; and WHEREAS, the Village Board wishes to appoint Donald E. Degling to serve as Village Auditor, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees appoints Donald E. Degling to serve as Village Auditor and empowers him to perform the duties of Auditor as set forth in §A258, Article I of the Village Code. Mayor Filipowski stated that the person who held this position resigned and, upon his resignation, Trustees Brackman and Degling were performing these duties. When Trustee Brackman resigned, Trustee Degling continued as Auditor. At this time Mr. Donald Degling has offered to continue these duties as a volunteer for the Village. There is no compensation paid for his work. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting May 27,2003 Page 18 of 21 10. CONSIDERING THE APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Mayor Filipowski asked that this matter be deferred and be addressed at the Executive Session. The Board agreed to hold this matter off and return to it after the Executive Session. 11. APPROVAL OF MEETING MINUTES: February 11, 2003 and February 25, 2003 This matter was deferred to the next meeting, June 10, 2003, to allow Board members additional time to review them. Mr. Bradbury addressed the Board,reviewing the status of projects within the Village: • The County is continuing roadway work on Ridge Street. A schedule is listed on the Village's website. • The Village's new garbage contractor is scheduled to start on June 2, 2003. He asked residents to note that there may be variations of pick-up times. • The Rye Brook Birthday Celebration is scheduled for June 14, 2003 at Crawford Park. • The Rye Brook Telecommunications Commission had a meeting scheduled for June 5, 2003 with Cablevision. • Mr. Harvey Schiller, Chairman of the Environmental Counsel, was on the agenda for the next Board of Trustee meeting to make a presentation regarding the Counsel on June 10, 2003. • The Facilities Committee will be meeting on June 4, 2003 to discuss the future use of the 29 acres of Village property at upper Lincoln Avenue. This report will be forthcoming. OLD BUSINESS 1. DISCUSSION ON PROCEDURE FOR SELLING VILLAGE OWNED PARCEL OF LAND OFF COMLY AVENUE Mr. Beane addressed this matter. He noted that there are no mandates requiring that this property be sold at a public auction. All that is necessary is that the Village Board does this in the best interest of the Village. This parcel Board of Trustee Meeting May 27,2003 Page 19 of 21 could be sold to an adjoining homeowner. As far as price is concerned, he suggested that an appraisal be obtained from a local real estate broker to ensure that the Village receives a fair price for the property. If a parcel of property is worth X, then it can be sold for X. Mr. Beane noted that this is not parkland, and that the Town Map simply has this property marked as "To be dedicated as parkland." As it was never dedicated, it can be sold. The subject is one parcel of property, with very limited use. A title search will be done, and a prospective purchaser could perform a due diligence search Mayor Filipowski noted that anyone could put in a bid to purchase this property. Trustee Santon reminded the Board that this parcel is only about 0.8 of an acre, with frontage on Magnolia Drive. It is a very long, narrow piece of property. He also noted that there is a visual aid. The 1978 Rye Ridge Estates subdivision map, which is on file at the County Clerk's office, shows this elongated, L-shaped parcel. He pointed out a driveway easement for the Ward Castle which dates back to the 1920's. Trustee Santon reminded the Board that there are a number of other parcels throughout the Village that should also be reviewed as they serve no use to the Village. The Village does incur costs for these properties, i.e.: maintenance, mowing, plowing. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that many of these useless parcels actually serve as ingress and egress to adjacent properties. There are several paper streets on the maps and selling these parcels takes away the options that the Village may have. It was suggested that this matter be placed on the agenda for the June 10, 2003 meeting. Mayor Filipowski called for members of the public that wished to address the Board. Mr. Ken Heller asked to discuss several topics. He asked whether or not Bellefair did any repair work on King Street as a condition in the original approvals in 1998. He stated that if they have not done the repair work, then perhaps the Village should request the funds instead. Mayor Filipowski responded that there were no conditions for repair or restoration work on King Street in the 1998 approvals for Bellefair. Mr. Heller felt that this was an oversight because there were discussions on this matter throughout the planning process. As there were no other members of the public wishing to address the Board, Mayor Filipowski called for a motion for an Executive Session on personnel and litigation. On a Board of Trustee Meeting May 27,2003 Page 20 of 21 motion made by Trustee Santon, and seconded by Trustee Rosenberg, an Executive Session was approved. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE There being no further business before the Board, the meeting was adjourned at 9:35 p.m. Respectfully Submitted, Christopher J. Bradbury, Village Administrator/Clerk Board of Trustee Meeting May 27,2003 Page 21 of 21