HomeMy WebLinkAbout2000-03-14 - Board of Trustees Meeting Minutes MINUTES OF A MEETING
VILLAGE OF RYE BROOK BOARD TRUSTEES
VILLAGE HALL
938 KING STREET
RYE BROOK, NEW YORK
TUESDAY,MARCH 14, 200€}—7:30 P.M.
CONVENE MEETING
The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room, and the
Pledge of Allegiance Followed.
The following members of the Board of Trustees were present:
Mayor Francis L. Filipowski
Trustee Jody H. Brackman
Trustee Donald E. Degling
Trustee Roger Herman
Trustee Gary J. Zuckerman
Village Staff attending the meeting were:
Village Administrator, Christopher Russo
Village Attorney, Kenneth E. Powell
Village Treasurer, Diane DiSanto
Village Engineer, Victor Carosi
Assistant to the Administrator, Charles Peretz
Police Chief, Robert Santoro
Meeting Secretary, Paula Patafio
Mayor Francis Filipowski called for the first item on the agenda.
RESOLUTION:
1. CONSIDERING THE APPROVAL OF THE PROPOSED FIRE CONTRACT WITH
PORT CHESTER.
Mr. Christopher Russo, Village Administrator, read the resolution.
FIRE PROTECTION AGREEMENT
WITH THE VILLAGE OF PORT CHESTER
WHEREAS, the Village of Rye Brook presently receives fire protection services under an
agreement the Village of Port Chester dated September 15, 1998 which agreement has a term
of October 1, 1998 to May 31, 2001 and contains an option to renew for an additional year;
and
! WHEREAS,such fire protection agreement provided for negotiations between the parties for
a successor long-term agreement and these negotiations have resulted in a proposed long-
term fire protection agreement having a term of June 1, 2000 to May 31,2005,under whish
the Port Chester Fire Department would provide fire protection services in cooperation with
personnel and apparatus of the Rye Brook Fire Department maintained by Rye Brook;and
WHEREAS,the Port Chester Fire Department maintains adequate and suitable apparatus and
appliances; and
WHEREAS, it is in the public interest to terminate and supercede the fire protection
agreement dated September 15, 1998 and enter into the successor agreement negotiated by
the parties, to stabilize the provision of fire protection services in the Village of Rye Brook
for a 5 year period of time; and
WHEREAS,the Board of Trustees conducted a public hearing on this matter upon due notice
and all persons wishing to be heard were offered an opportunity to be heard; and
WHEREAS,assuming this is an action under SEAR,the accompanying negative declaration
is hereby adopted.
NOW, THEREFORE, BE IT
RESOLVED, that the Village of Rye Brook is authorized to enter into a superceding fire
protection agreement with the Village of Port Chester for the period of June 1, 2000 to May
31, 2005,under which Rye Brook will receive fire protection and related services from the
Port Chester Fire Department and will pay the following: $681,769 for the period of June 1,
2000 to May 31,2001, $695,405 for the period of June 1,2001 to May 31,2002, $709,313
for the period of June 1, 2002 to May 31,2003, $723,499 for the period of June 1,2003 to
May 31,2004, and$737,969 for the period of June 1,2004 to May 31,2005;and it is further
RESOLVED,that the Mayor is authorized and directed to execute and deliver all documents
necessary or appropriate to accomplish the purposes of this Resolution.
A motion made by Trustee Brackman, was seconded by Trustee Degling.
Mayor Filipowski asked for discussion on the Resolution.
Trustee Gary Zuckerman stated that he wished to wait until after public comments have been
completed to present his views.
Trustee Degling asked to be heard. He noted that since last April he has been a member of
the negotiating team. In his opinion, this is a good contract and one which should be
approved. The Village of Rye Brook entered into an interim fire contract agreement in
September of 1998. That agreement provided that a long term agreement should be reached
within one year. This was not accomplished in that time period and the Board was criticized
for not having attained an agreement.Negotiations with Port Chester have continued and an
` agreement has now been reached, which is under consideration tonight. In considering the
services it turns out that 51%of the total 'Tire calls"came from Rye Brook, which is a little
surprising since Rye Brook has 113 the people and generally newer buildings than Port
Chester. The reason for the number is that the Port Chester Fire Department provides EMS
Services to Rye Brook. Under the Port Chester scheme their EMS calls are done by the
Police Department. As a result,the fire calls in Rye Brook are greater in number than those
in Port Chester. The alternative to this contract is to set up a municipal Fire Department in
Rye Brook, and as everyone will recall this was proposed in 1998. In order to provide a
municipal Fire Department in Rye Brook,there must be at least eight men to respond to the
fire. To keep eight men on duty you need 4.3 men for each active duty man, which means
you would need approximately 40 paid firefighters to perform the same duty that a smaller
number with an adequate number of volunteers can perform. A forty-man department would
cost in excess of $3 million per year. The result of this contract is that we get the same
service as we would get for approximately$lmillion per year. Additionally,the costs under
this contract are fixed and are increased at the rate of 2%per year. This is currently below
the Cost of Living escalation rate. For this price, we not only get a paid and volunteer fire
department for five years, we also have the best service that is available in Westchester
County. Everyone has agreed that the Port Chester Fire Department has provided Rye Brook
with excellent service. Therefore, there is no reason to demand greater quality because we
have it and will continue to have it. For the first time in the history of Rye Brook,there will
be a group set up called the Fire Protection Board. It is believed that this group will work
out an acceptable budget for both Port Chester and Rye Brook. Additionally,it is important
to remember that with this contract mutual aid is assured to Rye Brook from all of our
surrounding communities. This well organized arrangement also protects our tax payers from
an escalation in fire insurance rates. To delay the contract until a fire house is built is wrong,
because a fire house before the contract is putting the cart before the horse. The Facilities
Committee has been working on this contract and has suggested the former caretaker's house
on Red Roof Farm but this did not go through It will take approximately two years to design
and construct a fire house, even though some preliminary work has been done. This will
mean that just-about the time that the fire house is being completed we will be back in hot
water because our contract will have about expired. At that point our negotiating position
will not be very good. The five year contract gives Rye Brook adequate opportunity to locate
a fire house. For all of the above reasons, Trustee Degling supported the fire contract and
will vote favorably on the motion.
Trustee Brackman addressed the Board and read a statement. She noted that after listening
to people in the last several weeks she noticed one recurring theme: `why not wait to vote on
the fire-contract?' Some people feel that if the vote were delayed we could achieve a better
result for Rye Brook. She mentioned several key issues that people have been pointing out:
1.Performance standards or guidelines;2)Increased paid staff in Port Chester,commitment
to maintain present levels;3)More equality in cost;4)Requiring money paid by Rye Brook
to be used by Port Chester to improve its fire service. She addressed each of the issues.
Rural Metro was our fire service provider,they provided the Village with a list of standards
that we would hope to achieve. Everyone should be clear that these are the performance
i standards we are talking about, not some subjective criteria developed from municipal fire
departments or recommended by `field experts', but objective criteria developed by a well
financed private corporation, who couldn't meet those standards themselves. The
performance standard of primary importance was to reach a fire within four minutes of
receiving a call. Her time on the facilities committee lead her to believe that a four minute
response time was absolutely crucial to fighting a major structural fire. Two separate studies
conducted by consultants paid by this Village concluded that for this reason,Rye Brook must
build a fire house in the center of our Village. However, until we have that fire house, we
cannot expect that level of performance from any fire company. Therefore, to include it in
an intermunicipal agreement for fire service, before there is a centrally located Rye Brook
House,would assure the immediate failure of the agreement. With 150 -years of fire fighting
under its belt, Trustee Brackman expressed confidence that the Port Chester Fire Department
is committed to maintaining excellent standards, and to performing at the highest level. The
fact remains, that a centrally located fire house is needed.
Trustee Brackman stated her belief that Port Chester and Rye Brook would both benefit from
a larger paid staff and to that end, Rye Brook has budgeted for two additional firefighters.
Port Chester has always maintained that they do not need to increase their staff, as they have
a totally committed and wholly loyal volunteer fire fighting force that has been putting out
fires in our Villages for over 150 years. But our Villages are growing and so this Board
believes that it makes sense to continue to grow our own paid force during the time of our
intermunicipal agreement. She did not feel it would be responsible for this Board to form a
full service Rye Brook Fire Department at this time because such a department would cost
$4-5 million dollars per year cost. That cost would mean a 25% increase in Village taxes.
In addition, it should be kept in mind that this isnot an intermunicipal fire department, but
rather an intermunicipal agreement for fire service. We cannot dictate terms of operation to
a department that has been in existence for 150+years. She explained that these terms can
be requested,but our only recourse for their non-compliance is to go out on our own. She
then reiterated that he felt that this would be an irresponsible decision to make,as its financial
impact would adversely effect all Village residents.
As for equality of cost, Trustee Brackman explained that the proposed fire contract actually
costs less than the present interim contract. The interim agreement ties yearly cost increases
to the CPI, the proposed contract, however, limits increases to 2% per year, which at the
moment is a .6% savings. As well, the real issue is getting the best fire service for the long
haul, and creating an environment where two villages can work together in good faith.
The fourth issue that people addressed during the public hearing two weeks ago was the
complaint that there is no provision in the contract requiring Port Chester to earmark money
for improvements to the fire service. Trustee Brackman reiterated that we are purchasing
services and in the absence of our intermunicipal department, we have no power to tell Port
Chester how to spend their money.
Trustee Brackinan noted that a fire house was a precursor to having an intermunicipal
department. By going forward with the contract tonight, she felt that residents could"sleep
I soundly for the next five years knowing that our homes and our families are well protected
while we continue to build Rye Brook's position." Trustee Brackman then stated that for
these reasons she will vote in favor of the contract.
Trustee Roger Herman spoke against the proposed contract. Although he has been in favor
of having a contract with Port Chester, he will not support any contract just to have a
contract. He noted that the Board had requested that our negotiators continue to negotiate.
The goal in his mind was to reach a compromise with Port Chester in regard to the
maintenance of 20 paid firefighters. Although the Mayor of Port Chester disagrees, Trustee
Herman stated that he was convinced by the numerous studies which have demonstrated the
need.for 20 paid firefighters. It would seem that we are paying Port Chester for something
that we do not feel is adequate. He believed that a better contract could be reached and did
not see how this contract was an improvement to the interim one. Although there is a limit
to what type of contract is achievable, it was his feeling that it was better to continue to
negotiate in the hopes of better agreement than to put this contract through. Therefore,he
planned to vote against this contract.
Trustee Zuckerman stated that there have been many debates and many points of views
coming across. He commented on some statements made by Trustee Degling. Although 51%
of the total call use Rye Brook,many of these are EMS calls and this fact somewhat distorts
the true amount of fire calls. He felt the Advisory Board on fire protection is a good thing,
but that it was provided for in the interim agreement and never implemented. The direction
of the Port Chester Department and the Rye Brook Department,which is under the command
of the Port Chester Chief, will be determined by the monetary and other policies of the Port
Chester Board of Trustees. Fire insurance rates were assessed when Rural Metro provided
fire service and rates did not go up. He stated that he believed that the fire house is the single
most important issue. He believed the reason it did not go forward is because after Mayor
Filipowski was elected he chose not to move forward with the chosen site.
Trustee Zuckerman noted that although Trustee Brackman suggested that performance
standards should not apply to this,before Trustee Brackman's election,the Board approved
the standards. He noted that performance standards are provided for in guidelines for fire
departments all across the country. Rye Brook should aspire to have these standards in our
contract. He also disputed the notion that our negotiating position is weakest at the end of
the contract. He also disagreed with the cost. He noted that there is no master plan in place
for the fire department, but everyone seems to be in agreement that 20 firefighters is an
appropriate amount, except for the Port Chester Mayor and Trustees, who feel only 12 are
required. They refused to pay any part of the additional costs of the Rye Brook fire
department which will be built up to eight men and will be paid for entirely by Rye Brook
funds. It was his position that Rye Brook should keep negotiating. Port Chester should, at
the very minimum, guarantee that they will maintain those 12 firefighters. Rye Brook
depends upon the two career firefighters on duty on the weekends and the Ambulance Corps
to service the EMS population. He felt that a fair and equitable contract needed to be reached
1 and that there was still sufficient time to negotiate. The new agreement will cost an additional
$2.2M, above and beyond the cost of the Rye Brook Fire Department. The cost of the fire
service will be nearly $7M for the five years. Before Rye Brook rushes into this contract,
with 27 months left on the current agreement, things should be examined more carefully. At
this point the question is not whether we should seek an independent Rye Brook Fire
Department or a contract with Port Chester, but rather the kind of contract that we should
seek. Politics has entered into this decision because of the upcoming election and he felt that
it will not hurt to wait to vote on this contract in two or three weeks. He felt that
negotiations should continue until a better agreement is reached.
Mayor Filipowski noted that the public hearing was closed,but allowed members ofthc public
a chance to express their opinion.
John Grzan of 10 Candy Lane stated that Rye Brook residents have recently been asked to
make two major decisions: one affected the schools and the other concerns fire service. The
schools need to be expanded and the; residents have recognized this and overwhelmingly
approved the Bond Resolution. With regard to the fire contract things are also clear. Taxes
would rise dramatically with an around the clock Rye Brook Fire Department. He was in
support of the contract which gives residents duality fire protection at the least cost. He
commended the Mayor and the Board for their leadership.
Peter Raidar of Valley Terrace noted that the costs that have been quoted have been from
$3M to$4.5M. He noted that most residents of Rye Brook want to work with Port Chester.
He also noted that most residents feel that creating a fire station is paramount. He was not
convinced that this new contract was the best contract. He believed that both Villages would
benefit if each had a standing paid force.
Amy Schoen of Country Ridge Drive noted that the statement that she was making this
evening was the same statement she made two years ago. Her concern was never the issue
of the duality of fire service from Port Chester, but rather the use and way the expensing of
the contract was going to be performed. Two years ago the Board assured the public that any
contract that was renegotiated with Port Chester would designate the monies that Rye Brook
was going to pay for fire service related issues and not to a general fund that Port Chester has
the right to do whatever they chose with these monies. For this reason, she stated that she
was against the current contract.
Richard Lubkin of Winding Wood Road addressed the Board. He noted that two years ago
there was an election and the Village was embroiled in fire service contracts. If we could
afford it, our own municipal fire department would be the best approach. He supports the
ratification of the contract for the following reasons: He supports and trusts Port Chester's
fire fighting efforts,the Port Chester Fire Department has volunteers and mutual aid,the cost
of the fire contract is seemingly inexpensive in comparison to the alternatives, and if an
independent municipal fire department is the correct approach then this contract allows us
the time necessary to undertake that investment. There are only two years remaining on the
present contract,which would not allow time to study,analyze,organize,budget,bond,hire,
train and implement a new fire service, along with construction of a new fire house.
Mr. Ken Heller of 22 Lincoln Avenue noted that the fire issue has been before the Board for
several years. He stated that the last time Rye Brook went down to the wire with Port
Chester we ended up with Rural Metro,which was a total disaster. Port Chester has a great
fire department and they are a tremendous asset. He reminded everyone that 30% of Port
Chester is off of the tax rolls that in the form of churches,hospitals,library,Post Office,and
transportation,which are used by Rye Brook residents. Port Chester does not tax Rye Brook
residents for the use of these services.
Former Trustee Joseph Pellino of Terrace Court addressed the Board. He noted that the
phrase,"A Leap of Faith,"was a phrase he coined with regard to the new beginning that Rye
Brook was going to have with the Village of Port Chester in regard to the provision of fire
services. A"Leap of Faith"in terms of the partnership that was supposed to be formed. He
believed that the current contract was a poor business deal. Not knowing what happens to
Rye Brook's money once it goes into the Port Chester general fund is not appropriate. He
felt that this new contract does not solve anything and that Rye Brook is getting very little out
of this contract.
Mr. Dom Cervi of Dixon Street urged the Board to provide the best fire protection service
available. He reminded the Board of a fire a few years back and presented a picture of two
firemen fighting a blaze in Rye Brook. He has been a fireman in Port Chester for 39 years and
he urged the Board to give the residents of Rye Brook the best protection,which is the kind
of protection that Port Chester will give.
Mr.Howard Lim of Valley Terrace stated that the only question before the Board is whether
they should vote on this contract or wait until the next Board meeting. He could not see how
postponing this contract for three or four weeks would effect anything, other than votes in
the upcoming election.
Mr. Hubert, of Doral Greens, felt that the sole purpose of pushing through the current
contract was `political shenanigans.' He noted that for weeks he tried to get the contract be
published on the website so that everyone would be informed. The contract was published
on the website a few days ago. If the Board's intention is not to have an informed public,
then they should vote on this contract this evening. But if the Board wants a truly informed
public, then they should postpone the vote on this contract.
Peter Sgro of 255 Betsy Brow Road expressed his opinion that delaying this contract for
two weeks is a political move,placing Mayor Filipowski and Trustee Degling in a"No Win"
situation. They were entrusted by the voters to secure a solid contract through good faith
negotiations. This contract has a provision that keeps increases to a flat 2%. Provision#7
allows for quarterly meetings on personnel issues,operational issues and any matter under this
agreement. Additionally there is the creation of the Fire Protection Board where Rye Brook
will have an equal voice. There is a need for the security of a long term contract. This
contract merits the Board's approval as it is in the best interest of the residents.
Dean Santon of 39 Hillandale Road felt that Board was derelict in their duty by focusing on
this contract and not having full disclosure to the public. This Board has not revealed
numbers. By 2005 this contract will cost Rye Brook$1.4. The Board has not talked about
the issue of growing our Rye Brook Fire Department. He asked how this Board could
propose afire contract when they were not disclosing all the costs of fire service. He felt that
the public was entitled to see the full picture. Although Mayor Korff stated that Port Chester
would probably not reduce the amount of career firefighters, he asked that this be put in
writing.
Ben Miloro of 43 Hillcrest Avenue thanked the Board and the Mayor for their work on this
contract. He felt that this is a contract that will save lives and property. He thanked the
volunteers of Port Chester and the career firefighters for their excellent fire protection.
Mr. Comstock of 247 Betsy Brown Road addressed the Board. As a member of the Port
Chester Volunteer Fire Department, he thanked the public for the kind words and praises
given to the Port Chester Fire Department. He corrected a misstatement regarding the use
of Rye Brook's funds. This money is received into a general fund for accounting purposes.
This is earmarked for fire service only and is not used to improve parks or sidewalks. The
Advisory Board is a big step in the direction in which both communities have a say in how the
monies are used. He stated that this was a good contract and that he was in favor of it.
j Mr.Michael Drutman noted that politics,the consumer cost index, and the quality of service
should be issues with regard to this contract. The issue should be obtaining the best contract.
As a good consumer it is important to know what we are getting and what the value is for the
price being paid. He felt that the current contract is a one-sided deal and asked the Board to
table this contract for further negotiations. He felt that it would be irresponsible for the
Board to continue with this contract without hearing what the residents have to say about it.
In his opinion the Board would be negligent if they did not try to renegotiate this contract.
Mrs. Jenny Muto of 25 Westview addressed the Board. She reminded everyone of the Rural
Metro fiasco. This Board has had a lot of input on the new contract. She was very happy
that the Board was able to negotiate a contract with Port Chester at a very reasonable price.
She felt that it was now time to go ahead with the contract.
Mayor Filipowski stated that there were a number of comments from the public, and Board
members,asking why this contract should be approved now. He noted that negotiations have
a He of their own and they are typically brought to a head by circumstances that may or may
not be related to the contract itself The original plan to have this contract ready for approval
in October didn't come to fruition. Although it has taken longer then expected, he felt it was
time to move forward. Although some argue that we could get a better deal if negotiations
continued, he disagreed. This is not simply a vendor/vendee agreement. We are trying to
start something new with the Village of Port Chester and their Fire Department. This
contract is the first big step in becoming true partners with another community,to the benefit
of the residents of both Villages. Partners work together to solve problems and the key to
making this work as a partnership is the creation of the Fire Protection Board. Rye Brook
finally has a voice in the future of the fire service, Rye Brook is extremely fortunate to have
a wonderful group of volunteer firefighters. The average resident is already burdened wi-h
too many taxes and we are trying to keep the taxes from rising. The fire service issue of Rye
Brook has been on the front page for far to long. Our residents know that they are best
served by the volunteers and career firefighters of the Port Chester Fire Department and our
Rye Brook Firemen. We need to put this contract in place and move forward with the other
challenges facing this Village. The service and quality of what can be provided by the Port
Chester Fire Department is exceptional and they can meet the needs for any fire call. The
future of Rye Brook is at hand and it is time to put a contract in place.
There being no further discussion, Mr. Charles Peretz called the role:
Trustee Brackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting No
Trustee Zuckerman Voting No
Mayor Filipowski Voting Aye
2. AUTHORIZING A STOP SIGN AT THE SOUTH EAST CORNER OF
KNOLLWOOD DRIVE AND ACKER DRIVE.
Mr. Russo read the Resolution.
AUTHORIZING STOP SIGN AT THE S.F. CORNER
OF KNOLLWOOD DRIVE AND ACKER DRIVE
RESOLVED,-that the following is added to the enumeration of stop intersections in Section
240-11 (C) of the Vehicle and Traffic Chapter of the Code of the Village of Rye Brook:
Name of Street Intersecting Street
Knollwood Drive Acker Drive
Trustee Zuckerman asked on whose property this stop sign would be placed, and if the
property owner was notified. Mr. Russo responded that he was not sure of whose property
this was and that they were not notified to the best of his knowledge. Trustee Zuckerman felt
that when these signs are being considered the homeowners should be notified by certified
mail of any proceeding. He asked that the Board amend their procedures. Mr.Russo noted
that this type of notification should be done at the earliest stages and the Traffic Commission
should be involved. Mayor Filipowski agreed that this was a good point.
There being no further discussion,Mr. Charles Peretz called the role:
Trustee Brackman Voting Aye
Trustee]Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
3. APPROVAL OF MINUTES
Trustee Zuckerman asked that the February 15 minutes be adjourned until the next meeting.
He asked for some clarifications and corrections in the spelling of some names. The Board
agreed to adjourn these minutes until the next Board of Trustee meeting.
Mayor Filipowski called for discussion on the January 11, 2000 Minutes. With a few
corrections, Trustee Zuckerman made a motion, which was seconded by Trustee Herman.
Mr. Peretz called the role.
Trustee Drackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor Filipowski Voting Aye
Mayor Filipowski noted that the next Board of Trustees meetings would be held on March
28"'and April 11"'. He reminded everyone that election day is March 21St
He asked for an Executive Session to be held on March 28''', before the Board meeting.
Additionally,two dates were scheduled as budget work sessions. They will be held on March
23"'and March 29'h.
On a motion made by Trustee Brackman, and seconded by Trustee Degling the Board of
Assessment Review meeting will be held on March 280'at &:00 p.m.
Mr. Peretz called the role:
Trustee Drackman Voting Aye
Trustee Degling Voting Aye
Trustee Herman Voting Aye
Trustee Zuckerman Voting Aye
Mayor F lipowski Voting Aye
Mayor Filipowski asked Mr.Russo how the budget was coming along. Mr.Russo stated that
the increase in tax rate appears to be lower than last year, but it is still a work in progress.
There has been an increase in the assessment role and Rye Brook has grown in population
approximately 13%. This has required increases in personnel and other costs.
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Mayor Filipowski thanked everyone for attending. There being no further business before the
Board the meeting was adjourned at 9:10 p.m.
Respectfully submitted,
QhristoAipher I Russo
Village Administrator
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