HomeMy WebLinkAbout2015-07-14 - Board of Trustees Meeting Documents VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
TUESDAY, JULY 14, 2015
7:00 P.M. —EXECUTIVE SESSION: Non Union Compensation
7:30 P.M. —REGULAR MEETING:
PLEDGE OF ALLEGIANCE:
REPORT/PRESENTATIONS:
AFFORDABLE HOUSING:
PUBLIC HEARINGS:
1) Considering a rezoning petition for property located at 80 Bowman Avenue
(adjourned from June 23, 2015)
RESOLUTIONS:
1) Considering a rezoning petition for property located at 80 Bowman Avenue
2) Considering an appointment to the Advisory Council on Parks and Recreation
3) Considering the authorization of a proposal and a budget modification to
perform a traffic calming study on Hawthorne Avenue
4) Considering an Inter-municipal Agreement with Westchester County for
Mutual Aid and Rapid Response Plan
5) Considering an agreement with Cablevision Lightpath for telephone and
internet services
6) Considering an application for the removal of a significant tree at 47 Winding
Wood Trail North
7) Considering the authorizing the issuance of$497,500 Bonds to pay the cost of
capital projects authorized in the Adopted 2015-2016 budget
8) Considering the approval of the Minutes of the meetings of May 26 and June
9, 2015.
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEMS
1) IMA with Westchester County to reduce Inflow and Infiltration in the County's
Sanitary Sewer System
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS
July 28 and August 18, 2015
June 23, 2015 R -1 (A)
RESOLUTION
CONSIDERING A PETITION TO REZONE PROPERTY LOCATED AT
80 BOWMAN AVENUE TO THE C1 ZONING DISTRICT
VILLAGE OF RYE BROOK BOARD OK TRUSTEES
WHEREAS, the Board of Trustees is considering a Petition by Bowridge Realty
LLC (the "Applicant"), pursuant to Section 250-26.1(E)(2) of the Village Code, to rezone
property located at 80 Bowman Avenue, designat d as Section 141.27, Block 1, Lots 26,
31 & 32 on the Town of Rye Tax Map (the " operty"), from the Fair and Affordable
Housing ("FAH") Zoning District to the C1 e; and
WHEREAS, on November 27, 2012, the Board of Trustees adopted a resolution
granting a petition by Bowridg Commons LLC to rezone the Property from the
Cl Zoning District to the FAH .ng District in connection with an application to
develop an affordable housing projec o e Property; and
WHEREAS, Bowridge Comm s sequen abandoned its affordable
housing plan; and
WHEREAS, the Applicant has since bmitte anew application which calls for
a lot merger, zone change and site plan appr al o construct a three-story, mixed-use
building, co sisting of ground-floor retail spac in residential apartments and
associate rking and improvements on the Property; and
WHEREAS, said application is now pending before the Rye Brook Planning
Board, w has declared itself Lead Agency for purposes of a coordinated review
pursuant to RA; and va
W H E , the Board of Trustees retains approval authority over the rezoning
portion of the application; and
WHEREAS, the Applicant has stated that it does not wish to include affordable
housing as a component of the new proposal for the Property; and
WHEREAS, the FAH zoning on the Property is due to expire, by its terms, on
November 27, 2015, at which time the zoning on the Property will revert automatically to
the C1 Zoning District; and
WHEREAS, the Applicant has requested that the Board of Trustees affirmatively
change the zoning back to the C 1 Zoning District prior to November 27, 2015 so the new
application for the Property can proceed; and
1313/08/426972VI 6/19/15
WHEREAS, on November 10, 2014, the Board of Trustees referred the rezoning
petition to the Rye Brook Planning Board for a report and recommendation thereon; and
WHEREAS, on April 9, 2015, the Planning Board approved a report and
recommendation to the Board of Trustees which was in favor of the rezoning; and
WHEREAS, the Planning Board, in rendering its report and recommendation,
specifically noted that the FAH zoning is due to expire on its own in November of this
year and that the Applicant has made clear that the Propert� will not be developed for
affordable housing. '/ -k46
NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby
finds that, under the circumstances presented, the rezoning of the Property from the FAH
Zoning District to the C1 Zoning District prior to the November 27, 2015 expiration date
is appropriate because (i) the application for an affordable housin project on the
Property has been abandoned; (ii) the Applicant has stated that a new a rdable housing
project will not be presented to the Village; and (i�� the FAH zoning on the Property will
expire inevitably on November 27 015; and
BE IT FURTHER RESOL D, that the Boa f Trustees hereby adopts the
annexed local law amending the Zoning Map of the Village ofokye Brook to change the
zoning designation of Pr rty from the FAH Zonin istrict to the C 1 Zone.
1313/08/426972VI 6/19/15
LOCAL LAW AMENDING
THE VILLAGE OF RYE BROOK ZONING MAP
A LOCAL LAW to amend the Village of
Rye Brook Zoning Map
BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as
follows:
Section 1: Legislative Intent: 441
The Board of Trustees of the Village of Rye Broo has received a petition
submitted by Bowridge Realty, LLC ("ApplicPy1ce
') to rezone the property located at 80
Bowman Avenue, designated on the Town of Tax Map as Section 141.27, Block 1,
Lots 26, 31 & 32, from the Fair and Affo?1splan
ble Housing ("FAH") Zoning District to the
C1 Zone in connection with the App lican seekin lot merger, zone change and
site plan approval to construct athree-story, mixed-use bu ding consisting of ground-
floor retail space, market-rate residential apartments and associated parking and
improvements. The Board of Trustees' referred the rezoning petition to the Village of
Rye Brook Planning Board and the Planning Board issued a positive report and
recommendation on April 9, 2015.
N
After review of the rezoning petitio , comment om the public, comments from
Village staff and consultants, and comments from the estchester County Department of
Planning, the Board of Trustees has determined its appropriate to rezone the property
from the FAH-Zoning District to the C1 Zoning District because (i) the prior application
for an affordable housing project on the Property has been abandoned; (ii) the Applicant
has stated that a new affordable housing project will not be presented to the Village; and
(inythe FAH zoning on the Property will expire, by its terms, on November 27, 2015.
For the reasons set forth herein andothers articulated in the record before the Board of
Trustees, the Board of Trustees adopts this Local Law.
Section 2: �he Zo g Map of the Village of Rye Brook is hereby amended to
designate the parcel of real property located at 80 Bowman Avenue and designated on the
Town of Rye Tax Map as Section 141.27, Block 1, Lots 26, 31 & 32, as being located in
the C1 Zoning District.
Section 3: This Local Law shall take effect immediately upon the filing with the
Office of the Secretary of State.
1313/08/426972VI 6/19/15
June 23, 2015 R— 1 (B)
RESOLUTION
CONSIDERING A PETITION TO REZONE PROPERTY LOCATED AT
80 BOWMAN AVENUE TO THE C1 ZONING DISTRICT
VILLAGE OF RYE BROOK BOARD Ot TRUSTEES
WHEREAS, the Board of Trustees is considering a Petition by Bowridge Realty
LLC (the "Applicant"), pursuant to Section 250-26.1(E)(2) of the Village Code, to rezone
property located at 80 Bowman Avenue, designat d as Section 141.27, Block 1, Lots 26,
31 & 32 on the Town of Rye Tax Map (the " operty"), from the Fair and Affordable
Housing ("FAH") Zoning District to the C1 e; and
WHEREAS, on November 27, 2012, the Board of Trustees adopted a resolution
granting a petition by Bowridg Commons LLC to rezone the Property from the
Cl Zoning District to the FAH oning District in connection with an application to
develop an affordable housing projec on Property; and
WHEREAS, in granting the pr r g applica ion, the Board of Trustees
specifically noted that the Property is par larly suited for the FAH Zoning District due
to its transitional location between the C 1 eighborhood Retail Zoning District and the
R-2F Two Family Zoning District and, furthe that development of an affordable housing
project on the Property would advan e the Village's affordable housing objectives; and
Wan* Bowridge Comm LC subsequently abandoned its affordable
housing plan for the Property; an
WHEREAS, the Applicant h ince submitted a new application which calls for
a lot merger, zone change and site Ian approval to construct athree-story, mixed-use
building, consis of ground-floor retail space, market-rate residential apartments and
associated parkin d improvements on the Property; and
WHEREAS, thepplicant has not included affordable housing as a component of
the new proposal for the Property; and
WHEREAS, the application is currently pending before the Rye Brook Planning
Board, which has declared itself Lead Agency for purposes of a coordinated review
pursuant to SEQRA; and
WHEREAS, the Board of Trustees retains approval authority over the rezoning
portion of the application; and
1313/08/54708211 6119115
WHEREAS, the FAH zoning on the Property is due to expire, by its terms, on
November 27, 2015; and
WHEREAS, the Applicant has requested that the Board of Trustees grant its
petition to affirmatively change the zoning back to the C1 Zoning District prior to
November 27, 2015 so the new application for the Property can proceed; and
WHEREAS, on November 10, 2014, the Board of Trustees referred the rezoning
petition to the Rye Brook Planning Board for a report and recommendation thereon; and
WHEREAS, on April 9, 2015, the Planning Boar proved a report and
recommendation to the Board of Trustees which was in favor of rezoning; and
WHEREAS, the Board of Trustees retains tie approva authority and independent
discretion to decide whether to grant petitions to rezone property in the Village of Rye
Brook.
NOW THEREFORE, BE IT RESOLVED, thahhe Board ofstees, upon
consideration of the Planning Board's report and recommendation, co ents from the
public, and comments from the Village staff and consultants, hereby finds that rezoning
of the Property to the C1 Zoning District is not appropriate because (i) affirmatively
authorizing development of the Property as market-rate housing when it is suited for
development of fair and affordable housing is contrary to the interests of the Village of
Rye Brook and the County of Westchester; (ii) the Westchester County Department of
Planning is opposed to a project on the site which does not include an affordable housing
component; and (iii) the Board of Trustees wishes to provide the Applicant an
opportunity to reconsider its decision to forego the development of fair and affordable
housing n the Property prior to expiration of the FAH zoning; and
IT FURTHER RESOLVED, that the Applicant's request for rezoning of the
Property to the C1 Zoning District is hereby denied.
NI)
1373108/5470820 6119175
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VILLAGE OF RYE BROOK
MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR
Paul S. Rosenberg (914) 939-1121 Fax(914) 939-0242 Christopher J. Bradbury
www.ryebrook.org
TRUSTEES
Susan R. Epstein
David M. Heiser
Jason A. Klein
Jeffrey B. Rednick
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Rye Brook shall
hold a public hearing on Tuesday, May 26, 2015 at 7:30pm, at Village Hall, 938 King Street,
Rye Brook,New York to consider an application to rezone property located at 80 Bowman Ave.
Christopher J. Bradbury
Village of Rye Brook, New York
Westchester Referral Review
gov.com Pursuant to Section 239 L.M and N of the General Municipal Law and
Section 277.61 of the County Administrative Code
Robert P.Astorino
County Executive
County Planning Board
May 12, 2015
Marilyn Timpone-Mohamed, Consulting Planner
Frederick P. Clark Associates
Rye Brook Village Hall
938 King Street
Rye Brook, NY 10573-1226
Subject: Referral File No. RYB 15-001 —Bowman Plaza
Zoning Map Amendment and Site Plan Approvals
Dear Ms. Timpone-Mohamed:
The Westchester County Planning Board has received site plans (dated revised April 30, 2015) and
related materials for the above referenced application. The application proposes the construction of a
market-rate 16-unit, three-story mixed use building that would have 2,400 square feet of retail space on
the ground floor. Two single-family residences now located on the site would be removed. The
proposed site is a 0.5-acre lot located on the southwest corner of Bowman Avenue (CR 104) and
Barber Place within the C-1 zoning district with an overlay of the Village's Fair and Affordable Housing
Overlay District (FAH). The overlay was applied when a previous proposal for the site was being
considered for 16 units of affordable affirmatively furthering fair housing (AFFH). The applicant is
petitioning the Village to remove the FAH overlay so that a new development proposal can be
considered without any affordable AFFH units.
The plans show the proposed building to be located in the center of the site, with parking in the front
and rear of the building as well as underneath the building. Nine parking spaces would be provided in
the front of the building where the retail space would be located. Vehicles would enter from Bowman
Avenue and exit onto Barber Place. Thirty parking spaces would be provided in the rear and under the
building, primarily for the residential units. Access to those spaces is only provided via Barber Place.
The entrance to the residential units is located at the parking level.
In addition to the proposed removal of the FAH Overlay Zone and site plan approval, the application
will require variance from the Zoning Ordinance with respect to minimum front yard and minimum
usable open space on the lot.
We have reviewed this matter under the provisions of Section 239 L, M and N of the General Municipal
Law and Section 277.61 of the County Administrative Code. With respect to the zoning area variances,
we point out that the variance for minimum usable open space is outside of the County Planning
Board's jurisdiction. With respect to the front yard variance, we find that there are no County or
132 Nbehaeban Office Building
1.18 Martine Avenue
"'bite Plains.New York 10601 Telephone: (91 11 995-1100 website• Ak-eStchcSte1-goN-.c0n1
Referral File No.RYB 15-t}O1—Bowman Plaza
May 12, 2015
Page 2
intermunicipal planning issues of concern to the County Planning Board and that this action is a matter
for local determination in accordance with your community's planning and zoning policies.
With respect to the proposed zoning map amendment and site plan review, we offer the following
comments:
1. Affirmatively furthering fair housing tAFFH). We are disappointed that the current proposal
seeks to remove a zoning designation from the site which would have set the foundation for the
consideration of development of 16 affordable AFFH units, While the County's Model Ordinance
Provisions recommend the establishment of a 10% set-aside for affordable AFFH units in all residential
developments, Rye Brook chose a different method which we supported based on the concept that it
could create higher amounts of affordable AFFH units on certain developable sites in the village.
However, if the current application moves forward as proposed, the subject site would no longer be
available for establishment of AFFH units. Therefore, we respectfully recommend that the Village
maintain the FAH overlay zoning designation on the site.
2. !Consistency with Coup ly Planning Board policies. While the concept of the proposed
development as a mixed-use building within the downtown area of the village is generally consistent
with the County Planning Board's long-range planning policies and strategies set forth in Westchester
2025—Context for County and Municipal Planning and Policies to Guide County Planning,
adopted by the County Planning Board on May 6, 2008 and amended January 5, 2010, the design of the
proposed building is not consistent with those policies. The project design features a front yard along
Bowman Avenue that consists of parking spaces, creating an auto-dominated retail storefront that
would not contribute to a pedestrian-scaled environment. We recommend the applicant consider moving
the front of the building toward the street, with parking provided in the rear.
3. County road. Bowman Avenue is a County Road (CR 104). Because of the site's frontage with
Bowman Avenue, approval for this project from the County Department of Public Works and
Transportation under Section 239 F of the General Municipal Law is required. Pertinent drainage,
utility, erosion control and curb cut details need to be provided at the time of Section 239 F submittal.
4. County sewer impacts. The proposed development will increase sewage flows from this site into the
existing infrastructure. The increased flow will add to the volume of sewage flow requiring treatment at
one of the treatment plants operated by Westchester County. As a matter of County Department of
Environmental Facilities' policy, we recommend that the Village implement or require the developer to
implement measures that will offset the projected increase in flow. The best means to do so is through
reductions in inflow infiltration(1&1) at a ratio of three for one.
5. Provisions for reevelina. While the site plans show a proposed waste and recycling enclosure, we
recommend that the Village require the applicant to verify that there is sufficient space within the
project to accommodate the expanded County recycling program that includes plastics with
numbers I through 7. County regulations for plastic recycling may be found at:
http://environment.westchesteEgov.com.
Referral File No.RYB 15-001—Bowman Plaza
May 12, 2015
Page 3
6. Stormwater management. The site plans indicate that stormwater runoff will be treated with
subsurface stormwater management devices. We recommend that the applicant also consider adding
additional, above-ground treatment measures with the goal of treating and retaining as much
stormwater on-site as possible. This can be accomplished through permeable paving surfaces or rain
gardens placed throughout the site. If the applicant can only rely on subsurface stormwater treatment,
then we recommend the Village require the applicant to submit an enforceable maintenance plan to
ensure this infrastructure does not fill up with sediment, and remains operable into the future.
7. Green building technolop-y and bicYcle Radang. We encourage the applicant to consider using as
much green building technology as possible in the proposed development. We also encourage the
applicant to consider providing a bicycle storage area for residents. This would be a low cost way of
promoting non-motorized transportation in the immediate area, particularly since there are a number of
businesses and services within close biking distance.
Thank you for the opportunity to comment on this matter.
Respectfully,
WESTCHESTER COUNTY PLANNING BOARD
Edward Buroughs, AICP
Commissioner
EEB/LH
cc: Michael Dispenza,Contract Administrator,County Department of Public Works and Transportation
Kevin Roseman,Traffic Engineer,County Department of Public Works and Transportation
THIS AFFIDAVIT AFFIRMS THAT I,FRANK MADONNA, OWNER OF PROPERTY
LOCATED AT 80 BOWMAN AVENUE, HAVE MAILED OUT TODAY, MAY 15, 2015,
THE LETTER GIVEN TO ME BY THE VILLAGE ADMINISTRATOR "PUBLIC NOTICE"
PERTAINING TO THE VILLAGE BOARD MEETING PUBLIC HEARING SCHEDULED
FOR TUESDAY, MAY 26,2015 AT 7:30 PM AT THE VILLAGE OF RYE BROOK OFFICES
LOCATED AT 938 KING STREET, RYE BROOK,NY 10573 TO ALL THE ADDRESSES
LISTED (MAILING LIST(ATTACHED) ON THE VILLAGE MAP(ENCLOSED) THAT
ARE, WITHIN A 250 FT. RADIUS OF THE SITE VIA FIRST CLASS MAIL DIRECTLY
THRU THE US POSTAL SERVICE.
WE HAVE ALSO POSTED TWO LAWN SIGNS ON THE PROPERTY REGARDING THIS
NOTICE OF PUBLIC HEARING
FRANK C. MADONNA
MAY 15,2015 DAVID ROBERT CRANWELL,
Notary Public- State of New York
No. 01 CR6297106
Qualified in Putnam County
My Commission Expires February 18, 2018
DR �-
44..V
tip 4.J Jv V
Cty
VILLAGE OF RYE BROOK
MAYOR 938 King Street, Rye Brook,N.Y. 1 D573 ADMINISTRATOR
Paul S. Rosenberg (914)939-1121 Fax(914) 939-D242 Christopher J. Bradbury
www.ryebrook.org
TRUSTEES
Susan R. Epstein
David M. Heiser
Jason A. Klein
Jeffrey B. Rednick
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Rye Brook shall
hold a public hearing on Tuesday, May 26, 2015 at 7:30pm, at Village Hall, 938 King Street,
Rye Brook,New York to consider an application to rezone property located at 80 Bowman Ave.
Christopher J. Bradbury
Village of Rye Brook, New York
Mailing Labels for Property Addresses.Created from Municipal Tax Parcel Viewer. http://Qiswww.wastchastercov.com
Bow Ridge Associates LLC, Vilato,Michael & Langworth,Robert
S Ridge St Kimberly 11 Division St
PORT CHESTER, NY 10573 505 Franklin St PORT CHESTER, NY 10573
PORT CHESTER, NY 10573
Kolok,Geraldine Valenti Communications Corp, Borchetta,Michael R.
493 Franklin St 109-111 S Ridge St 501 Franklin St
PORT CHESTER, NY 10573 PORT CHESTER,NY 10573 PORT CHESTER, NY 10573
Ferraro,Luigi Meads,Randolph Chasnov,Mare
495 Franklin St 9 Barber PI 63 Bowman Ave
PORT CHESTER, NY 10573 PORT CHESTER, NY 10573 PORT CHESTER,NY 10573
Lagana,Pietro Szerejko,Dariusz T. 66 Bowman Avenue Realty Corp,
9A Barber PI 11 Barber PI 66 Bowman Ave
PORT CHESTER, NY 10573 PORT CHESTER, NY 10573 PORT CHESTER, NY 10573
491 Franklin St.LLC, Meyer,Joyce M. Steilman,Eric
491 Franklin St 71 Bowman Ave 70 Bowman Ave
PORT CHESTER, NY 10573 PORT CHESTER, NY 10573 PORT CHESTER, NY 10573
Win Ridge Shopping Ctr De-LLC, Capizzano,Vannio & Gjelaj,Lewis
S Ridge St Mary 71-75 S Ridge St
PORT CHESTER, NY 10573 72 Bowman Ave PORT CHESTER,NY 10573
PORT CHESTER, NY 10573
Sound Federal Savings & Wells,Eugene A. 107 RIDGEST,
Loan, 15 Division St 107 S Ridge St
121-125 S Ridge PORT CHESTER, NY 10573 PORT CHESTER, NY 10573
PORT CHESTER, NY 10573
Bowridge Realty,LLC, Klein,Steven M. Traynor,Sarah-Anne E.
14 Barber PI 81 Bowman Ave 67 Bowman Ave
PORT CHESTER,NY 10573 PORT CHESTER,NY 10573 PORT CHESTER, NY 10573
Bowridge Realty,LLC, Bowridge Reatty LLC, Ran Oil East Rye Brook,
80 Bowman Ave 12 Barber PI 79 S Ridge St
PORT CHESTER, NY 10573 PORT CHESTER, NY 10573 PORT CHESTER, NY 10573
Bucci,Joseph Grippo,Frank V. Ran Oil East Rye Brook,
8 Division St 10 Division St 89 Bowman Ave
PORT CHESTER, NY 10573 PORT CHESTER, NY 10573 PORT CHESTER, NY 10573
Created on: 4/29/2015 Page 1 of 2
Mailing Labels forPronertvAddresses.Created from Municipal Tax Parcel Viewer. httv://aiswww.westchesteraov.com
Conklin,Joan Vinci,Jennie D. Sound Shore Properties LLC,
75 Bowman Ave 497 Franklin St 62 Bowman Ave
PORT CHESTER, NY 10573 PORT CHESTER, NY 10573 PORT CHESTER, NY 10573
Created on: 4/29/2015 Page 2 of 2
Westchester County GIS :: Tax Parcel Maps http://giswww.westchestergov.com/taxmapsilayout.aspx?r=RYK188818
Tax Parcel Maps
Address: 80 Bowman Ave
Print Key: 141.27-1-26 SBL: 14102700010260000000
Rye Brook '.
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Disclaimer:
This tax parcel map is provided as a public service to Westchester County residents for general
information and planning purposes only, and should not be relied upon as a sole informational source.
The County of Westchester hereby disclaims any liability from the use of this GIS mapping system by
any person or entity. Tax parcel boundaries represent approximate property line location and should
NOT be interpreted as or used in lieu of a survey or property boundary description. Property
1 of 2 4/29/201.5 10:27 AM
ATTACHMENT
EAF PART 3, NEGATIVE DECLARATION
REASONS SUPPORTING THIS DETERMINATION
ZONING PETITION, SUBDIVISION AND SITE PLAN APPLICATIONS
BOWMAN PLAZA, 80 BOWMAN AVENUE, VILLAGE OF RYE BROOK, N.Y.
Description of the Property
The 21,982.06 square-foot subject property, located at 80 Bowman Avenue is comprised
of three existing building lots, and is located in the FAH District, Section 141.27, Block
1, Lots 26, 31, and 32 on the Town of Rye Tax Map. The property was added to the FAH
District when the Rye Brook Board of Trustees received a petition from the property
owner, and subdivision and site plan applications to construct a 16-unit development that
was approved on November 27, 2012 by the Board of Trustees. The FAH District zoning
and development site plan approval remain in effect at this time; however, the
subdivision plat combining the lots that comprise the property was not filed with the
Westchester County Clerk's Office, so the subdivision approval expired.
Tax Lot 26, which is 14,128.19 square feet, was developed, but is currently vacant, and
Tax Lots 31 and 32, 4,173.21 square feet and 3,680.07 square feet respectively, are each
developed with a one and one-half-story, single-family residence that would be
demolished. Each of the lots has an existing curb cut on Barber Place. The corner lot, Lot
26, currently does not have a curb cut on Bowman Avenue. The three lots slope to the
west away from the elevation of Bowman Avenue and there are mature landscape plants
and naturalized trees and shrubs on all three lots.
Description of the Proposed Action
Bowman Plaza, LLC (Frank Madonna), property owner, submitted a petition to rezone
the property into the C1 District, zoning text amendments, and applications for approval
of a subdivision (lot merger) and a site plan to construct a three-story mixed-use
retail/residential building. As originally submitted the mixed-use building consisted of
4,100 square feet of ground-floor retail space, and 19 residential apartments, with a total
of 44 parking spaces located under the building and in two street-level parking areas on
the subject property located at the southeast corner of the intersection of Bowman
Avenue and Barber Place. Construction also would include stormwater management
I
facilities, site lighting, a curb cuts on Bowman Avenue and Barber Place, pedestrian
walkways and public sidewalks, landscaping and other new associated site features.
The Applicant revised the Proposed Action to respond to the concerns and comments
received from the Planning Board and its consultants, and the Village of Rye Brook staff.
The Applicant's finally revised Proposed Action would construct a three-story mixed-use
building consisting of 2,400 square feet of ground-floor retail space and a total of 16
apartments, with 38 parking spaces located under the building and in two street-level
parking areas. The residential component of the development would include eight one-
bedroom and eight two-bedroom apartments. Each apartment includes a 64 square-foot
balcony or terrace.
The revised Proposed Action also includes a subdivision application to combine the lots
that comprise the property required by Section 250-6 A. (2) (a) of the Rye Brook Code,
and a petition to the Board of Trustees to amend the Zoning Map of the Village to
remove the property from the FAH District and include the property within the C1
District. However, the revised Proposed Action no longer includes a request for zoning
text amendments of the C1 District. Instead, the Applicant requests certain variances
from the C1 District regulations from the Rye Brook Zoning Board of Appeals.
The revisions to the site plan also include a mountable-curb emergency entrance into the
site from Barber Place, which will allow fire engine aerial access to the building. The
revised site plan eliminates the vehicular exit from the parking area adjacent to Bowman
Avenue onto Barber Place and one parking space to allow cars in the parking area to turn
around and exit onto Bowman Avenue using the same curb cut as the entrance to the site
from Bowman Avenue.
Evaluation of Potential Impacts
Review of the Full Environmental Assessment Form (EAF) and additional information
provided by the Applicant, and completion of Part 2 of the EAF demonstrated that there
are no potential adverse impacts from the Proposed Action with respect to geologic
features, surface water, ground water flooding, air, plants and animals, agricultural
resources, aesthetic resources, historic and archeological resources, open space and
recreation, a Critical Environmental Area, and consistency with community character,
primarily because the Proposed Action is located in a developed neighborhood on already
developed lots. Any temporary impacts to air and water during construction will be
limited by the implementation of a construction management and logistics plan and use
of best practices with respect to demolition, construction and erosion and sediment
control.
2
Certain small to moderate potential impacts related to rezoning the subject property and
the development plan for the Proposed Action were identified in Part 2 of the EAF. These
impacts include: 1. potential impacts to land regarding construction on improved and
vacant land, and alteration of storm water run-off regarding the potential for increased
run-off from new impervious surfaces; 2. impacts to transportation systems regarding the
potential for increased traffic and parking demand; 3. increased energy demand; 4.
impacts to public health and safety regarding the potential presence of hazardous
subsurface materials; and 5. consistency with community plans.
The assessment in Part 2 of the EAF identified that there may be potential adverse
impacts from the Proposed Action with respect to land, transportation and parking,
energy, and human health and safety as follows:
1. Land. The Proposed Action involves the demolition of existing buildings, the
clearing and excavation of land, and the construction of new buildings and site
improvements that have the potential to cause erosion. However, a stormwater
management plan, and construction management and logistics plan that includes
erosion and sediment control will be implemented during construction to limit any
minor impacts to land that may occur. Existing vegetation that is removed will be
replaced by new landscape material.
The property was developed in the past and it is located in a fully developed area
of Rye Brook. The new residential/retail building would be landscaped and
maintained similarly to other occupied properties in the neighborhood.
The site plan includes a landscape plan that would help to mitigate the visual
impact of the proposed building and the proposed building height. The tree
preservation plan would protect as many existing mature trees as is practical, and
the landscape plan includes replacement trees for those trees to be removed.
The construction management plan would include best management practices to
eliminate or reduce any impacts related to removal of vegetation, grading, and
excavation, including erosion and sediment control, traffic control, and creation of
noise and airborne dust during construction.
Increased run-off from new impervious surfaces will be mitigated by the
development and implementation of a post-construction stormwater management
plan for the site.
2. Transportation and Parking. Concerns regarding the impact of increased
residential and commercial traffic were analyzed by a traffic impact study
provided by the Applicant and reviewed by the Planning Board and its consultants.
3
Housing more people on the lot and adding retail space would increase vehicular
traffic in the local area, which may impact current local traffic conditions by
increasing traffic congestion. However, the increase in traffic may be reduced
compared to what it would be in other areas of Rye Brook because the
development would be located within walking distance to schools, shopping and
public transportation, which reduces the need to use a car for many of residents'
daily errands and destinations.
Although it is anticipated that the development would generate additional traffic,
the level of additional traffic is not expected to have a significant impact on area
roads; however, there may be minor increases in the traffic congestion on Barber
Place and Franklin Street.
A parking demand study and shared parking analysis provided by the Applicant
and reviewed by the Planning Board's consultant indicated that the number of
parking spaces proposed would be sufficient to accommodate the increased
parking demand generated by the Proposed Action.
Any temporary impacts to transportation and parking during construction will be
limited by the implementation of a construction management and logistics plan
and at a minimum compliance with the requirements of the Rye Brook Code with
respect to construction scheduling and working hours.
3. Energy. The construction of the mixed-use building would create an increase in
the demand for electrical energy; however, the expected increase for 16 new
apartments and a 2,400 square-foot retail use would be a relatively small impact to
the existing resources of the local utility.
4. Human Health and Safety. All of the building lots that comprise the subject
property were developed in the past, and dwellings are currently situated on the
two tax lots that front on Barber Place. The buildings on the remaining building
lots that comprise the tax lot situated at the corner of Barber Place and Bowman
Avenue were demolished some time ago, so this portion of the property is
currently vacant. The two existing homes and the home that was demolished may
have caused the deposition of unknown hazardous materials on the site. In
addition, the property is adjacent to a dry cleaning business and a former
automotive service station, two enterprises that are known to use hazardous
materials in the conduct of business that could migrate underground to the subject
property from leaking storage containers or spills.
A Phase 1 Investigation regarding the potential for hazardous materials was
performed. The Phase 1 Report indicated there is potential for hazardous materials
on the site based on the presence of older homes on the lots and the proximity of
4
the property to sites where there is known hazardous material use and documented
spills of hazardous substances. Therefore, a Phase 2 Subsurface Soil Investigation
that included soil and ground water sampling and testing for suspected substances
was conducted. The Phase 2 Investigation Report indicates that contamination
from adjacent sites has not migrated onto the subject property.
The Phase 2 Investigation Report was reviewed by the Village's technical
engineering consultant, HDR that provided a report dated November 21, 2012.
None of the suspected compounds were found on the subject property in any
sample tested with the exception of one ground water sample that indicated the
presence of acetone. However, the presence of acetone may be a laboratory
artifact. The reporting of levels of acetone in samples tested in laboratories is
common. As the municipal water supply will provide potable water to the
development, the presence of acetone in the water is not considered a significant
hazard.
Any temporary impacts related to the handling and disposal of hazardous materials
during construction will be limited by the implementation of a construction
management and logistics plan that includes dust, and air quality monitoring, a
Health and Safety Plan for the construction site, and use of best practices with
respect to demolition and hazardous materials handling and disposal during
construction. The construction management plan will include discussion regarding
potential construction impacts and proposed mitigation measures, that will
include, but not be limited to, compliance with local regulations, demolition,
phasing, estimated construction traffic and construction parking arrangements,
noise impacts, air quality protection, materials delivery, storage and staging,
hazardous materials handling, a site safety plan, public safety precautions to be
implemented, etc.
5. Consistency with Community Plans. The property is located in a fully developed
area of Rye Brook and on lots that were developed in the past. The new
residential/retail building would be landscaped and maintained similarly to other
occupied properties in the neighborhood.
The Westchester County Planning Board has determined the Proposed Action to
be generally consistent with the Westchester County Planning Board's long range
planning policies as set forth in "Westchester 2025." Though the Proposed Action
includes a set back and parking along the Bowman Avenue frontage, which are
inconsistent with Westchester County policies, in this case, the Proposed Action is
located on a lot situated between a residential area and a commercial area that can
support a mixed-use commercial/residential building with a similar setback and
parking pattern to the surrounding existing commercial and residential buildings,
5
so as to act as a transition between the existing residential properties to the east
and the existing commercial properties to the north and west.
Although the proposed apartments are larger than recommended, and the building
is setback from the street, the Proposed Action is generally consistent with the
recommendations of the Rye Brook Comprehensive Plan in that it is a mixed-use
building with increased density and height. It has a limited number of parking
spaces because the parking spaces are shared between two proposed uses reducing
the total number of spaces required. It ties into and improves the public pedestrian
circulation system by providing public sidewalks on Barber Place and Bowman
Avenue. It complies with the allowable FAR of the Cl District and adds to the
available housing choices in Rye Brook. The proposed building was designed to
be compatible in appearance and exterior design with other buildings in the
surrounding existing neighborhood.
6
July 14,2014 R-3
RESOLUTION
CONSIDERING THE AUTHORIZATION OF
A PROPOSAL AND BUDGET TRANSFER TO PERFORIN
A TRAFFIC CALMING STUDY ON HAWTHORNE AVENUE
WHEREAS,the Traffic Commission has recommended that the Village hire
a professional traffic engineer to study the current traffic condition related to
Hawthorne Avenue and propose traffic calming measures to combat the excessive
speeding issues;and,
WHEREAS,the Village received a proposal from TRC Engineers dated July
6,2015 to perform an investigation of the current traffic conditions in addition to
providing an analysis and recommendation for traffic calming measures on
Hawthorne Avenue;and,
WHEREAS,the Village Administrator has reviewed the proposal and feels
that it meets the needs of the Village.
NOW,THEREFORE BE IT RESOLVED,that Village Board hereby
approves the proposal by TRC Engineers,subject to the final approval of the Village
Attorney;and be it
FURTHER RESOLVED,that the Village Board authorizes the Mayor and
Village Administrator to execute and deliver all documents necessary and
appropriate to accomplish the purposes of this resolution;and be it
FURTHER RESOLVED,that the following proposed budget transfer is
hereby approved:
From:
Contingency $5,000
To:
1980.432 Consulting Fees $5,000
Total: $5,000
7 Skyline Drive
Hawthorne, NY 10532
eA914.592.4040 PHONE
914.592.5046 Fax
www.TRCsolutions.com
July 6, 2015
Christopher Bradbury, Administrator
Village of Rye Brook
Village Hall
938 King Street
Rye Brook,NY 10573
Re: Traffic Engineering Services Proposal
Hawthorne Avenue Traffic Calming Study
Village of Rye Brook,NY
Dear Mr. Bradbury:
In conjunction with your request, TRC Engineers, Inc. (TRC) is pleased to submit this
Proposal for Traffic Engineering Services as they relate to performing a Traffic Calming
Study for Hawthorne Avenue. As discussed, TRC is very familiar with Hawthorne
Avenue and its characteristics. In preparation of this Proposal, TRC has reviewed the
information provided by the Chief of Police including the comments from the residents.
TRC understands that there are many parties involved including, but not limited to, the
residents, the Village Police and the other Emergency Services. In preparation of the
Study, we will have discussions with representatives of each of these groups along with a
representative of the Traffic Commission. TRC will provide the advantages and
disadvantages of various traffic calming measures, including those recommended by the
residents along with some other potential measures. We will also take into account that if
the traffic calming measure to be implemented would reduce traffic on Hawthorne
Avenue, the traffic will end up being diverted to other roadways.
TRC has significant experience conducting Traffic Engineering Studies like those
envisioned by the Village. For other nearby communities, TRC has performed various
Traffic Calming Studies as well as the design of some of the resulting recommended
Traffic Calming Measures. A brief list of some of these projects is as follows:
Christopher Bradbury, Administrator
July 6, 2015
Page 2 of 6
1. Traffic Calming Measures in the vicinity of various schools within the City of
Rye. These included road narrowing, curb extensions/bump outs, speed humps,
median barriers, road diets, permanent Speed Radar Signs, and other pedestrian
safety improvements including the installation of Rapid Rectangular Flashing
Beacons (RRFBs). TRC assisted in the preparation of the City Speed Hump
Policy.
2. The Village of Nyack employed TRC to perform traffic calming analysis
throughout the Village. The locations reviewed were generally based upon
comments received by residents or Village officials and mostly were located in
residential areas on the fringe of the central business area. Numerous discussions
with the public were held during the preparation of the planning studies and then
field investigations were performed. Various forms of traffic calming were
analyzed to determine the appropriate traffic calming methodology to be
implemented at the different locations. Some of the traffic calming measures
installed where curb extensions, chicanes (including the offset of on-street
parking) and speed humps. A raised crosswalk in front of an elementary school
was also installed.
s
3. Designed and implemented various Traffic Calming/Control Measures in the
Village of Scarsdale, including the creation of a one-way street system, curb
extensions, median modifications and textured crosswalks, among others.
4. Design and implementation of a raised crosswalk with in-pavement flashing lights
in the Town of Greenwich, Connecticut.
`'� x
Christopher Bradbury, Administrator
July 6, 2015
Page 3 of 6
5. TRC Engineers performed a traffic/geometric evaluation at the existing
intersections of Beechmont Drive and Pinebrook Road/Pinebrook Boulevard in
the City of New Rochelle to implement traffic calming and improve safety. TRC
worked closely with City representatives and conducted traffic counts, field
inspections and a review of the accident data provided by the City. The study
location was a series of skewed, unsignalized intersections carrying a relatively
high volume of traffic with a high number of accidents. TRC performed various
analyses and reviewed accidents, and then used the results of these studies to
determine potential future improvements. Such potential improvements included
signalization, re-alignment and construction of a modern roundabout combined
with evaluations of other traffic calming techniques.
6. TRC performed Traffic Engineering Services of various Traffic Calming Studies
throughout the Village of Pelham, particularly in the vicinity of schools. Based
upon comments from residents, Studies were performed to reduce traffic speeds
and improve pedestrian conditions. Field observations and speed measurements
were performed. Students crossing adjacent to the schools was a key feature.
Some of the traffic calming measures considered or implemented included curb
extensions, speed humps, and raised crosswalks.
F 1.
Christopher Bradbury, Administrator
July 6, 2015
Page 4 of 6
7. The design of a Modern Roundabout along Oregon Road in the Town of Cortlandt.
In all of these studies and design efforts, public input has been a key factor in the
development of the effective and acceptable traffic calming measures produced by TRC.
This Scope of Services is based upon our review of your request and our knowledge of the
existing site, as well as our experience of performing similar studies. TRC will follow the
methodology utilized in other similar studies. The following is the Scope of Services
proposed to complete the Traffic Calming Study:
SCOPE OF SERVICES
TASK 1 —TRAFFIC CALMING STUDY
1. TRC will meet with the appropriate Village Officials as well as hold discussion
with other appropriate parties.
2. TRC will perform observations of Hawthorne Avenue during various parts of the
day.
3. TRC will review in detail the speed measurements provided by the Police
Department.
4. TRC will prepare the Traffic Calming Study which will include:
a. A written text of the study describing the study methodology and findings.
b. A discussion of the advantages and disadvantages of the various traffic
calming measures along with TRC's recommendations.
C. Appropriate graphics for illustrative purposes.
TASK 2 —ADDITIONAL HEARINGS/MEETINGS/CONFERENCE CALLS
Beyond the Meeting described above, TRC will prepare for and attend additional
consultant meetings, conference calls, municipal and other agency meetings as requested,
or Public Hearings on an as-needed basis as directed. For budgetary purposes, one
meeting is considered under Task 1 and two additional meetings are scheduled under Task
2.
Christopher Bradbury, Administrator
July 6, 2015
Page 5 of 6
FEE SCHEDULE
For the foregoing Tasks, the following Estimated Fees are proposed:
ESTIMATED
TASK DESCRIPTION FEE
Task I Traffic Calming Study(fee includes one $3,500
meeting)
Task 2 Hearings/Meetings/Conference Calls (fee $975
includes two meetings)
Reimbursables (mileage,printing, etc.) $ 50
The work efforts described will be billed monthly in accordance with our standard
Schedule of Engineering Fees and Charges and General Conditions, copies attached. The
above reimbursable fee includes reimbursable expenses such as the costs for the printing,
travel, mailing, etc. Meetings/Hearings will be on an hourly basis, as requested.
If additional tasks are required, including new traffic counts, sight distance measurements,
accident analysis, parking analyses,preparation of additional follow-up with the Village
or other agencies, detailed Conceptual or Design Plans, or cost estimates, a separate Work
Order will be prepared, for your Authorization.
TRC AND STAFF
TRC and its predecessor firms, including Raymond Keyes Associates, have been
performing Civil and Traffic Engineering Services for sixty years. TRC is a full service
Civil Engineering firm and thus has Highway Design Engineers who can prepare the
ultimate Design Plans if necessary.
As described briefly above, TRC has performed Traffic Engineering Services for various
surrounding municipalities, including but not limited to:
• City of Rye
• Village of Port Chester
• Village of Mamaroneck
• Town of Greenwich
• Village of Scarsdale
• Village of Pelham
• Town/Village of Harrison
• City of White Plains
• Village of Briarcliff Manor
TRC has a full Traffic Engineering staff. This Project will be led by Brian Dempsey, P.E.,
P.T.O.E., a Senior Project Manager with 29 years of experience with TRC. As illustrated
in his resume (copy attached), Mr. Dempsey is a licensed Professional Engineer in the
Christopher Bradbury, Administrator
July 6, 2015
Page 6 of 6
State of New York as well as five other states and is also a Certified Professional Traffic
Operations Engineer. He has overseen numerous traffic calming studies and has made
presentations at International and Regional Conferences regarding Traffic Calming. Mr.
Dempsey has also served as the Chairman of the City of Rye Traffic and Pedestrian Safety
Committee for the past fifteen years.
AUTHORIZATION
TRC is prepared to begin work on this project immediately upon authorization.
TRC looks forward to the opportunity to provide Traffic Engineering Services on this
project. Authorization to proceed is provided by returning one signed copy of this
Proposal. Should you wish to discuss any aspect of this Proposal, please do not hesitate to
call.
Very truly yours,
TRC Engineers, Inc.
Brian E. Dempsey, P.E., PTOE
Senior Project Manager
ACCEPTED: VILLAGE OF RYE BROOK
BY:
TITLE:
DATE:
L�TRC
BRIAN E. DEMPSEY, PE, PTOE Senior Project Manager
EDUCATION
B.C.E.,Civil Engineering,Villanova University, 1986
M.B.A.,Finance,Fordham University, 1992
YEARS WITH THIS FIRM: 29 YEARS WITH OTHER FIRMS: 0
PROFESSIONAL LICENSES/REGISTRATIONS
Professional Engineer,New York(1992), Connecticut(1994),New Jersey(1996),Pennsylvania(1997)Delaware
(1998)and Ohio(2013)
Transportation Professional Certification Board/Certified Professional Traffic Operations Engineer, 1999(#260)
REPRESENTATIVE EXPERIENCE
Mr. Dempsey is a Senior Project Manager at TRC and possesses more than 29 years of experience in the field of
civil engineering with a particular specialization in the performance of traffic engineering studies, traffic planning
studies, traffic calming studies and parking studies.He has represented various municipalities and schools to improve
vehicular and pedestrian traffic circulation and safety. Over the course of accumulating his experience,he has
developed expertise with the application and use of various analytical and modeling software programs including the
Highway Capacity Software. Exemplifying Mr.Dempsey's respect in the traffic engineering community,he has
conducted several presentations including one at the ITE District 1 (Northeast)Conference:Improving Pedestrian
and Vehicle Safety at Older Suburban Elementary Schools, June 2011,and another at the ITE International
Conference(Annual Meeting):Improving Safety at Suburban Schools,August 2002.Representative examples of his
experience include:
Raised Crosswalk,Greenwich,CT.Project Manager for the preparation of plans to increase pedestrian safety in
the vicinity of the Greenwich Train Station and retail facilities. It was determined to install a raised crosswalk to
increase the safety of pedestrians through the provision of increased visibility by providing additional height to the
pedestrians. In addition,the raised crosswalk serves as a traffic calming device,thus slowing traffic on the roadway
and reducing the severity of an accident if one was to occur. Passive pedestrian detection was implemented which
triggered flashers constructed within the crosswalk to further alert drivers.
Traffic Calming Studies,Pelham,New York-Project Manager for Traffic Engineering Services of various Traffic
Calming Studies throughout the Village of Pelham,particularly in the vicinity of schools. Based upon comments
from residents, Studies were performed to reduce traffic speeds and improve pedestrian conditions. Field
observations and speed measurements were performed. Students crossing adjacent to the schools was a key feature.
Some of the traffic calming measures implemented included curb extensions, speed humps,and raised crosswalks.
Intersection and Pedestrian Safety ARRA Improvement Projects,Rye,NY.Project Manager of Traffic
Engineering Services for traffic studies,environmental impact studies and design reports for submission to the
FHWA and the New York State Department of Transportation. Improvements included the installation of new
traffic signals,the provision of new crosswalks,pedestrian ramps,pedestrian signals,and sidewalks. Bumpouts were
also provided to reduced pedestrian crossing distance,improve sight distance,and as a traffic calming measure.
Traffic Calming/Traffic Safety Study,New Rochelle,NY.Project Manager of Traffic Engineering Services for
analyzing the offset intersections of Pinebrook Road and Pinebrook Boulevard along Beechmont Drive on behalf
of the City. A traffic/geometric evaluation was performed. Working closely with the City representatives,traffic
counts were conducted,field inspections were performed,and accident data was reviewed. The study area
consisted of a series of skewed,unsignalized intersections carrying a relatively high volume of traffic. A high
number of accidents had occurred over several years. To evaluate existing and future operating conditions,
capacity analyses were performed. An Accident Study was also prepared,along with a Traffic Signal Warrant
Study. Potential improvements that were considered included signalization,re-alignment,geometric modifications,
a roundabout,and various traffic calming techniques.
Traffic Calming Studies,Nyack,New York-Mr.Dempsey was the Project Manager for various Traffic Calming
Studies throughout the Village of Nyack. Based upon comments from residents, Studies were performed to reduce
traffic speeds and improve pedestrian conditions. Field observations and speed measurements were performed.
Some of the traffic calming measures implemented included curb extensions, speed humps,and chicanes created
through the offsetting of on-street parking. A raised crosswalk was designed and installed at the entrance to a school.
Page 1 of 1
7 Skyline Drive
Hawthorne, NY 10532
eA914.592.4040 PHONE
914.592.5046 FAX
www.TRCsolutions.com
TRC ENGINEERS,INC.
2015 SCHEDULE OF ENGINEERING FEES AND CHARGES
SCHEDULE
Payroll Based Projects and Labor Fees,as stated in the Agreement shall be defined as follows:
PAYROLL BASIS-Services shall be charged at the following hourly rates: Hourly Rate
Practice Leaders/Principals .......................................................................................................$235.00
Principals/Project Directors.......................................................................................................$230.00
Project Directors/Senior Project Managers................................................................................$180.00
Senior Project Managers/Principal Engineers...........................................................................$175.00
Project Managers/Senior Engineers ..........................................................................................$170.00
Project Engineers/Deputy Project Managers ............................................................................$160.00
Assistant Project Engineers........................................................................................................$140.00
Senior Designers/Associate Project Engineers..........................................................................$130.00
Staff Engineers/Designers .........................................................................................................$100.00
SeniorTechnicians ......................................................................................................................$85.00
Technicians...................................................................................................................................$75.00
TechnicalSupport Staff................................................................................................................$68.00
FORENSIC AND TESTIMONY SERVICES-Forensic Services for litigation,including court appearances,deposition,arbitration and
similar representation,shall be billed as follows:
$275 per hour for Principal/Manager providing Services, and above Technical Staff at shown hourly rate with an added 10%
premium for Support Staff services related to same.
DEFINITION
The above hourly rates include payroll costs,overhead and profit. Rates are subject to change based upon Annual Salary Adjustments.
REIMBURSABLES
In addition to the above Fees,project-related Direct Expenses shall be reimbursed at cost plus 10%including the following:
• Reproduction of Drawings&Specifications,and Prints.
• Purchase of plans and documents.
• Communications,postage/express mail,and special delivery services.
• Permit and Application Fees.
• Fees paid to special consultants/vendors/contractors with prior written approval of the Client.
• All Travel and subsistence expenses.
• Field Traffic Counters(Manual and Automatic).
• Other direct expenses/supplies associated with the project.
TAXES
All Services and Charges may be subject to one or several States'Sale or Use taxes. These will be added when applicable.
SUPPLEMENTAL SERVICES/CHANGE ORDERS
Any work not described in the Scope of Services for this Agreement will be considered additional and performed only upon authorization
of a Supplemental Agreement of said services and associated fees and schedules. These services can include,but are not limited to the
following:
• Changes in Scope of Services following start of said Services.
• Re-work/re-design due to late receipt of information for which Client is responsible.
• Re-work/re-design and/or new work/new design as a result of changes in the project during performance of the work.
• Costs incurred as a result of project delays.
• Additional attendance at meetings and/or construction observations not defined in the Agreement.
• Supplemental,additional,and/or Special Services as defined in the Agreement.
• Other services not covered in the approved scope of work.
INVOICING/PAYMENT OF FEES
Invoices will be submitted monthly based on work performed until project completion. Fixed Fee Projects will be invoiced based on
Percentage Completion plus Direct Expenses/Reimbursables. Payroll Basis Projects will be invoiced based on actual hours performed by
personnel classification plus Direct Expenses/Reimbursables. Payment shall be due within thirty (30) days of date of the Invoice. The
amount due and owing shall bear interest after thirty(30)days from the date of the Statement at the rate of one and one half(1.5)percent
per month.
Q:APROIECTS\OFFICE\ACCTGEN\FEE SCHEDULES\CURRENT\REGUL AR FEES\FEE-Schedule 2015 Aoc
r 7 Skyline Drive
Hawthorne, NY 10532
914.592.4040 PHONE
;A 914.592.5046 FAx
www.TRCsolutions.com
TRC ENGINEERS, INC.
GENERAL TERMS AND CONDITIONS
1.0 SERVICES 4.0 PERFORMANCE OF SERVICE
TRC Engineers, Inc. ("Consultant") will provide engineering and other 4.1 Consultant's services will be performed in conformance with the
professional services on behalf of Client as provided in the Scope of Work. Scope of Work set forth in the attached proposal.
Client is defined in the attached Proposal or Scope of Work,incorporated
herein by reference. Unless otherwise stated, Consultant's Proposal to 4.2 Additional services will be performed and completed in
perform the Scope of Work expires sixty(60)days from its date and may be conformance with any supplemental proposals or scopes of work
modified or withdrawn by Consultant prior to receipt of Client's acceptance. approved in writing by the Client.
The offer and acceptance of any services or goods covered by the
Proposal is conditioned upon these terms and conditions. Any additional or 4.3 Consultant's services for the Scope of Work will be considered
different terms and conditions proposed by Client are objected to and will complete at the earlier of(i)the date when Consultant's report is
not be binding upon Consultant unless specifically agreed to in writing by accepted by the Client,or(ii)thirty(30)days after the date when
Consultant. An order or statement of intent to purchase Consultant's Consultant's report is submitted for final acceptance,if Consultant is
services, or any direction to proceed with, or acquiescence in the not notified in writing within such 30-day period of a material defect
commencement of work shall constitute consent to these terms and in such report.
conditions.
4.4 If any time period within or date by which any of Consultant's
2.0 COMPENSATION services are to be performed is exceeded for reasons outside of
Consultant's reasonable control, all rates, measures and amounts
2.1 Consultant will invoice for its services based on the method of of compensation and the time for completion of performance shall
compensation in the proposal for labor and direct expenses. Prices be subject to equitable adjustment.
or rates quoted do not include state or local taxes where applicable.
Direct expenses include reimbursable expenses,which are charges 5.0 CONFIDENTIALITY
incurred for travel, transportation, temporary lodging, meals,
telephone calls, fax, postage, courier service, photographic, Consultant will hold confidential all information obtained from Client which is
photocopying and other fees and costs reasonably incurred in not otherwise previously known to Consultant, unless such information
connection with the services. comes into the public domain through no fault of Consultant,is furnished to
Consultant by a third party who is under no confidentiality obligation,or is
2.2 Unless otherwise stated in the Proposal, Consultant will submit independently developed by Consultant.
invoices for services related to the Scope of Work on a monthly
basis,and Client will make payment within thirty(30)days of receipt 6.0 STANDARD OF CARE
of Consultant's invoices. If Client objects to any portion of an
invoice,the Client will notify Consultant within fifteen(15)days from In performing services, Consultant agrees to exercise professional
the date of receipt of the invoice and will pay that portion of the judgment,made on the basis of the information available to Consultant,and
invoice not in dispute,and the parties shall immediately make every to use the same standard of care and skill ordinarily exercised in similar
effort to settle the disputed portion of the invoice. circumstances by consultants performing comparable services in the
region. This standard of care shall be judged as of the time and place the
2.3 If Client fails to make any payment due to Consultant within thirty services are rendered,and not according to later standards. Reasonable
(30) days after receipt of an invoice, then the amount due people may disagree on matters involving professional judgment and
Consultant will increase at the rate of 1.5 percent per month after accordingly,a difference of opinion on a question of professional judgment
the 30th day. If a retainer has been required and the Client has not shall not excuse Client from paying for services rendered or result in liability
paid the invoice within thirty(30)days,Consultant shall be entitled to Consultant.
to draw upon the retainer to satisfy the past due invoice.In addition,
Consultant may,after giving seven(7)days'written notice to Client, 7.0 INSURANCE
suspend its services and any deliverables until Consultant has been
paid in full for all amounts outstanding more than thirty(30)days. In 7.1 Consultant will procure and maintain insurance as required by
the event that Consultant must resort to legal action to enforce law. At a minimum,Consultant will have the following coverage:
collection of payments due,Client agrees to pay attorneys'fees and
any other costs resulting from such action. (a) Worker's compensation and occupational disease insurance
in statutory amounts.
3.0 CLIENT'S RESPONSIBILITIES (b) Employer's liability insurance in the amount of$1,000,000.
(c) Automotive liability in the amount of$1,000,000.
3.1 Client will designate in writing the person or persons with authority (d) Commercial General Liability insurance for bodily injury,
to act in Client's behalf on all matters concerning the work to be death or loss of or damage to property of third persons in
performed by Consultant for Client. the amount of$1,000,000 per occurrence,$2,000,000 in the
aggregate.
3.2 Client will furnish to Consultant all existing studies,reports,data and (e) Professional errors and omissions insurance in the amount
other information available to Client which may be necessary for of$1,000,000.
performance of the work,authorize Consultant to obtain additional
data as required, and furnish the services of others, where 8.0 INDEMNITY
necessary, for the performance of the work. Consultant will be
entitled to use and rely upon all such information and services. 8.1 Each Party assumes full responsibility for any claims, suits,
accidents, injuries (including death) or damages to the person or
3.3 Unless otherwise stated in the Proposal,Client shall be responsible property of any third party resulting from its own negligent acts,
to provide Consultant with access to the work site or property to reckless behavior or willful misconduct or those of any of its
perform the work. employees, representatives, contractors, consultants or agents in
connection with the services rendered, and, to the extent of its
proportionate responsibility,will indemnify and save harmless the
other Party,its employees,representatives,contractors,consultants
and agents from and against any claims, costs, liabilities or 12.0 COMPLIANCE WITH FEDERAL, STATE AND LOCAL
expenses arising out of such negligent acts, reckless behavior or LAWS
willful misconduct.
Consultant shall observe all applicable provisions of the federal,state and
8.2 Notwithstanding the foregoing, in the event that Consultant local laws and regulations, including those relating to equal opportunity
performs intrusive ground work as part of the Scope of Work, employment.
Client shall indemnify Consultant from and against any and all
claims, costs, liabilities or expenses, including reasonable
attorneys' fees, resulting from, or arising out of, damages to 13.0 SAFETY
subsurface or underground utilities or structures, including but
not limited to, gas, telephone, electric, water or sewer utilities 13.1 Client shall be obligated to inform Consultant and its employees of
whose locations were not designated or identified to Consultant any applicable site safety procedures and regulations known to
prior to the commencement of any subsurface investigation or Client as well as any special safety concerns or dangerous
cleanup, including but not limited to, excavation, drilling, boring conditions at the site. Consultant and its employees will be
or probing required to be conducted by Consultant as part of site obligated to adhere to such procedures and regulations once notice
investigation,characterization or remediation work. has been given.
9.0 ALLOCATION OF RESPONSIBILITY 13.2 Unless specifically provided in the Scope of Work,Consultant shall
not have any responsibility for overall job safety at the site. If in
9.1 Consultant shall be liable to Client only for direct damages to the Consultant's reasonable opinion, its field personnel are unable to
extent caused by Consultant's negligence or willful misconduct in access required locations or perform required services in
the performance of its services. Consultant shall not be liable for conformance with applicable safety standards, Consultant may
indirect, consequential, special or exemplary damages, or for immediately suspend performance until such safety standards can
damages caused by Client's failure to perform its obligations.To the be attained. If within a reasonable time site operations or conditions
fullest extent permitted by law,the total liability in the aggregate of are not brought into compliance with such safety standards,
Consultant and its employees,subcontractors or suppliers to Client Consultant may in its discretion terminate its performance in
and anyone claiming by,through or under Client on all claims of any accordance with Section 15.0, in which event Client shall pay for
kind(excluding claims for death or bodily injury)arising out of or in services and termination expenses as provided herein.
any way related to Consultant's services, or from any cause or
causes whatsoever, including but not limited to negligence,errors, 14.0 NOTICE
omissions,strict liability, indemnity or breach of contract,shall not
exceed the total compensation received by Consultant under this All notices to either party by the other shall be deemed to have been
agreement. sufficiently given when made in writing and delivered in person, by
facsimile, email, certified mail or courier to the address of the respective
9.2 If Consultant furnishes Client with advice or assistance concerning parry or to such other address as such party may designate.
any products,systems or services which is not required under the
Scope of Work or any other contract among the parties, the 15.0 TERMINATION
furnishing of such advice or assistance will not subject Consultant to
any liability whether in contract,indemnity,warranty,tort(including The performance of work may be terminated or suspended by either party,
negligence),strict liability or otherwise. in whole or in part. Such termination shall be effected by delivery of seven
(7)days prior written notice specifying the extent to which performance of
10.0 OWNERSHIP OF DOCUMENTS work is terminated and the date upon which such action shall become
effective. In the event work is terminated or suspended by Client(or by
10.1 All notes, memoranda, drawings, designs, specifications and Consultant as provided herein) prior to the completion of services
reports prepared by Consultant shall become Client's upon contemplated hereunder, Consultant shall be paid for (i) the services
completion of the payment to Consultant as provided herein. rendered to the date of termination or suspension;(ii)demobilization costs;
Consultant may make and retain copies of all such documents for (iii) costs incurred with respect to noncancellable commitments, and
its file. (iv)reasonable services provided to effectuate a professional and timely
project termination or suspension.
10.2 All documents including drawings and specifications prepared by
Consultant pursuant to the Scope of Work are instruments of 16.0 SEVERABILITY
service with respect to this project. Such documents are not
intended or represented to be suitable for reuse by Client or by any If any term,covenant,condition or provision of these Terms and Conditions
other party on subsequent extensions or phases of this project or is found by a court of competent jurisdiction to be invalid, void or
site or on any other project or site without the written consent of unenforceable,the remainder of these Terms and Conditions shall remain
both Client and Consultant. in full force and effect, and shall in no way be affected, impaired or
invalidated thereby.
10.3 Any reuse without written approval or adaptation by Consultant for
the specific purpose intended will be at the Client's sole risk and 17.0 WAIVER
without liability or legal exposure to Consultant, and Client shall
indemnify, defend and hold harmless Consultant from all claims, Any waiver by either party or any provision or condition of these Terms and
damages, losses and expenses arising out of such reuse. Any Conditions shall not be construed or deemed to be a waiver of a
such reuse requested by Client will entitle Consultant to further subsequent breach of the same provision or condition,unless such waiver
compensation at rates to be agreed upon by Client and TRC. is so expressed in writing and signed by the party to be bound.
10.4 Consultant shall retain the Technical project file for a period of 18.0 GOVERNING LAW
five (5) years from the date of the last invoice issued by
Consultant for the Scope of Work under the attached Proposal. These Terms and Conditions will be governed by and construed and
Client shall notify Consultant at the completion of work if Client interpreted in accordance with the laws of the State of New Jersey.
requires this file to be transferred to Client or another entity, or
retained by Consultant for a longer period of time. In the 19.0 CAPTIONS
absence of any written instructions to the contrary from Client,
Consultant shall have the right to discard any and all files, The captions of these Terms and Conditions are intended solely for the
records or documents of any type related to the Scope of Work convenience of reference and shall not define,limit or affect in any way the
after the five(5)-year period.During this five(5)-year period,any provisions,terms and conditions hereof or their interpretation.
requests for document recovery or reproduction will be assessed
a fee in accordance with Consultant's Schedule of Fees. 20.0 ENTIRE AGREEMENT
11.0 INDEPENDENT CONTRACTOR These Terms and Conditions,and the Scope of Work,represent the entire
understanding and agreement between the parties and supersede any and
Consultant is an independent contractor and shall not be regarded as an all prior agreements, whether written or oral, and may be amended or
employee or agent of the Client. modified only by a written amendment signed by both parties. Client is
obligated to satisfy itself as to legal provisions and insurance coverage in
these terms and conditions and failure to advise Consultant to the contrary
shall constitute acceptance of these terms.
TRC Terms and Conditions—CES 7-14-11
RYE BROOK POLICE DEPARTMENT
938 King Street
Rye Brook, N.Y. 10573
(914) 937-1020
MEMORANDUM
TO: Christopher Bradbury, Village Administrator
CC: Mayor Rosenberg and the Village Board of Trustees
Sgt. John Arnold, Traffic Sergeant
Rye Brook Traffic Commission
FROM: Gregory J. Austin, Chief of Police
DATE: June 23, 2015
SUBJECT: Traffic Commission Recommendation; Hawthorne Ave
On June 1, 2015, the Rye Brook Traffic Commission held its regularly scheduled meeting and in
attendance were residents of Hawthorne Ave to address the Commission about a problem of
speeding vehicles on Hawthorne Ave.
Preceding the conversation was a letter from the "Concerned Residents of Rye Brook who
Reside on Hawthorne Ave"which outlined the problem; a copy of the letter is attached to this
memo.
In response to the letter, in an effort to gain more information and to provide visual feedback to
cars traveling on Hawthorne Ave, the police department at the beginning of May deployed the
department radar sign to Hawthorne Ave to capture vehicle speeds and to conduct a traffic count
of cars travelling from Westchester Ave toward Irenhyle Ave. A sample of the study is included in
this memo.
In summary, from May 12 to May 20, 2015, 8,889 vehicles were picked up by the sign travelling
from Westchester Ave toward Irenhyle Ave. The average speed of those vehicles was 26.48 mph
with the 851h percentile speed at 30.82 mph. The maximum speed during this time period was 59
mph. Again, this summary is of vehicles only travelling in one direction.
Also, attached to this memo is a report during the same time period indicating the number of
vehicles per hour that were picked up by the radar sign travelling above 45 mph; 17 total vehicles
or an average of two cars per day with the top speed being 59 mph (one car).
The Traffic Commission after hearing from the residents of Hawthorne Ave voted to
recommend to the Village Board of Trustees to commission a professional traffic study of
the area of Hawthorne Ave in order to find reasonable alternatives to address the problem
of speeding vehicles and to calm traffic.
RYE BROOK POLICE DEPARTMENT
938 King Street
Rye Brook, N.Y. 10573
(914)937-1020
MEMORANDUM
TO: Christopher Bradbury, Village Administrator
CC: Mayor Rosenberg and the Village Board of Trustees
Sgt.John Arnold,Traffic Sergeant
Rye Brook Traffic Commission
FROM: Gregory J.Austin, Chief of Police
DATE: June 23, 2015
SUBJECT: Traffic Commission Recommendation; Hawthorne Ave
On June 1, 2015,the Rye Brook Traffic Commission held its regularly scheduled meeting and in
attendance were residents of Hawthorne Ave to address the Commission about a problem of
speeding vehicles on Hawthorne Ave.
Preceding the conversation was a letter from the"Concerned Residents of Rye Brook who
Reside on Hawthorne Ave"which outlined the problem; a copy of the letter is attached to this
memo.
In response to the letter, in an effort to gain more information and to provide visual feedback to
cars traveling on Hawthorne Ave, the police department at the beginning of May deployed the
department radar sign to Hawthorne Ave to capture vehicle speeds and to conduct a traffic count
of cars travelling from Westchester Ave toward Irenhyle Ave. A sample of the study is included in
this memo.
In summary,from May 12 to May 20, 2015, 8,889 vehicles were picked up by the sign travelling
from Westchester Ave toward Irenhyle Ave. The average speed of those vehicles was 26.48 mph
with the 85th percentile speed at 30.82 mph. The maximum speed during this time period was 59
mph. Again,this summary is of vehicles only travelling in one direction.
Also, attached to this memo is a report during the same time period indicating the number of
vehicles per hour that were picked up by the radar sign travelling above 45 mph; 17 total vehicles
or an average of two cars per day with the top speed being 59 mph(one car).
The Traffic Commission after hearing from the residents of Hawthorne Ave voted to
recommend to the Village Board of Trustees to commission a professional traffic study of
the area of Hawthorne Ave in order to find reasonable alternatives to address the problem
of speeding vehicles and to calm traffic.
Concerned Residents of the Village of Rye Brook,New York
C/o Yvette Quinson
23 Hawthorne Avenue
Rye Brook,New York 10573
(914)937-3720
yquinson@hotmail.com
April 24,2015
Chief Gregory J.Austin
Chief of Police
and
Sergeant John Arnold
Traffic Sergeant
Village of Rye Brook Police Department
938 King Street
Rye Brook,NY 10573
Mr.Christopher Bradbury
Administrator
Village of Rye Brook
93 8 King Street
Rye Brook,NY 10573
Mr.Paul S.Rosenberg
Mayor
Village of Rye Brook
93 8 King Street
Rye Brook,NY 10573
Trustees
Board of Trustees of the Village of Rye Brook
938 King Street
Rye Brook,NY 10573
Re: Speeding on Hawthorne Avenue
Ladies and Gentlemen:
We are writing to request your immediate attention and response regarding a safety issue of great
concern to the undersigned residents of the Village of Rye Brook. We live on Hawthorne Avenue in the
Village and hereby request prompt,meaningful action regarding the recurring problem of speeding motorists
on our street.
Backeround and Accident
Hawthorne Avenue is a residential two-way street that runs for a straight distance of approximately
1,500 feet(just under one-third of a mile)between Westchester Avenue and North Ridge Street in the Village
of Rye Brook. Our street is comprised of single family dwellings and is home to a diverse group of residents
young and old, many of whom are long-time residents of the Village. Unfortunately, speeding and other
unlawful driving practices are a continual, significant problem on our street. Motorists regularly drive down
Hawthorne Avenue at very high rates of speed(well over the posted 30 mph speed limit). Drivers turn onto
our home street and treat it as a speedway, accelerating and gaining speed as they travel the length of the
Village of Rye Brook April 24,2015
roadway. The problem has prompted many of us to reach out repeatedly to Village officials to ask for help.
One resident in particular, Sarah Dolce, our neighbor at 18 Hawthorne Avenue, has been most active in
communicating concerns to Village police officials. Sarah has pleaded for help. As a wife and mother of
three young children, Sarah is understandably concerned about the safety of our neighborhood. Ironically,
Thanksgiving night 2014, as Sarah crossed Hawthorne Avenue, she was hit by a speeding car. The accident
that we have all dreaded for so long happened with near fatal consequences. Sarah's injuries are extensive.
Those injuries include one skull fracture, six facial fractures, broken nose, multiple lost and broken teeth,
deep facial lacerations and cranial and body contusions. She faces multiple surgeries, including major
surgeries to insert plates in her skull and eye socket. Sarah faces a long and uncertain recovery. If nothing is
done to address the problem of speeding on Hawthorne Avenue, Sarah and the Dolce family will not be the
only victims of the habitual speeders on our road.
Request for Corrective Measures
We are writing this letter to you,the leaders of our community,to request prompt implementation of
corrective measures on Hawthorne Avenue. Although no single step is guaranteed to eliminate all unlawful
driving practices on our street,we are confident that several measures taken together will meaningfully lower
the risk of another tragedy like the one that the Dolce family is enduring. Specifically,we ask you to take the
following next steps:
• Residents Meeting- Convene a meeting of residents of the Village of Rye Brook within the
next thirty(30)days where officials and residents can discuss concerns and formulate a plan
for moving forward. Any parties with an interest in the matter should be invited to attend.
For example, the Village of Port Chester Fire Department often uses Hawthorne Avenue
when responding to calls from locations off of North Ridge Street and therefore they should
participate in the meeting.
• .Site Visit - Conduct a site visit to Hawthorne Avenue so that you can see first-hand the
severity and frequency of the speeding problem. If you visit around 7:00 AM on a weekday,
you will see our children as they wait for their school buses with drivers speeding past. Many
of those drivers use Hawthorne Avenue as a shortcut from Ridge Street to Westchester
Avenue as they race to the Port Chester train station. Some of these same drivers have also
attempted to pass and have passed stopped school buses as the kids try to board their buses.
On at least one occasion, we have provided Village police with the license plate number of
just such an offender,but we do not know if the matter was pursued.
• Enforcement-Increase enforcement of the speed limit and traffic laws. The Village of Rye
Brook Police Department should increase its patrol of our street and issue tickets to motorists
that do not observe the posted speed limit or that drive around stopped school buses. In the
past,the Village has installed digital signage that flashes a driver's speed, but that step alone
has not produced meaningful relief from the speeding problem. A traffic ticket with a fine,
points on the driver's license and/or a summons for drivers that exceed the speed limit by
more than 15 mph are more likely to result in modification of driver behavior than the digital
display by itself. The Village of Rye Brook should consider consistently posting a traffic
officer at the midpoint of Hawthorne Avenue on weekdays between 7:00 AM and 9:00 AM to
serve as a deterrent to would-be speeders.
• Speed Limit-Consider lowering the posted speed limit from 30 mph.
2
Village of Rye Brook April 24,2015
• Mo!tt& Trqffic Pattern - Make Hawthorne Avenue 'one-way" or prohibit left turns onto
Hawthorne Avenue from North Ridge Street. Either modification allows for use of our street
by the Village of Port Chester Fire Department on the way "to" calls from locations off of
North Ridge Street. Fire department response time is not impacted, but Hawthorne Avenue
will no longer be used as a shortcut for early morning motorists trying to catch their trains at
the Port Chester train station.
• Physical Barriers and Surveillance-Explore installation of physical barriers and surveillance
elements, such as speed bumps, rollaway fences and traffic cameras. The Village of Rye
Brook should consider installing physical barriers and surveillance cameras to promote
compliance with and enforcement of the posted speed limit.
• Signage -Install additional safety signage. The Village of Rye Brook should install signage
advising motorists of the speed they are travelling (combine this with surveillance cameras
and a ticketing program)and also advise motorists turning onto Hawthorne Avenue that there
are children in the vicinity.
Ureent Action
We are relying on you to implement a comprehensive set of corrective measures, including those
listed above,that will render our street safer for our families and all that use Hawthorne Avenue. The matter
is an urgent one and the consequences of inaction are both predictable and, as we now know first-hand, life-
threatening.
As for the view that "nothing can be done" about traffic matters on Hawthorne Avenue because(1) it
is used by the Village of Port Chester Fire Department to respond to emergency calls or(2)this is the way
that it has always been and nothing has changed to prompt action now,we say that view is unacceptable and
wrong. First,the lives of Hawthorne Avenue residents cannot be continually put at risk in the interest of fire
department response time on those occasions when calls come in. What about the constant, everyday risks
that our families are exposed to from speeders if nothing is done? Emergency responders have a keen
appreciation about the dangers of speeding. Surely,steps can be taken to reduce those dangers on our street in
a way that takes into account the important needs of Port Chester Firefighters. Second, something has
changed that has made the problem on our street worse: texting while driving. Now drivers are not only
speeding on Hawthorne Avenue,they are speeding and texting. The result is that the danger on our street is
more pronounced than ever. The situation is a crisis that demands immediate, meaningful action. As the
measures listed above indicate something CAN be done to make our street safer and we look to you as our
Village leaders to see it through as soon as possible.
continued on next page
3
Agri 124,
Village of Rye Brook Febr7,2015
Please do not let this matter get bogged down in organizational delay-the stakes are too high. The
problem is obvious and pragmatic solutions are available and can be implemented if you take prompt,
decisive action. The lives and well-being of Village residents are at risk and you are in a position to safeguard
them. We urge you to move forward with the steps we have outlined above and help prevent tragedy from
striking another one of our friends and neighbors. We thank you in advance for your careful attention to this
matter of critical importance.
Sincerely,
Concerned Residents of the Village of Rye Brook
_ residing on Hawthorne Avenue:
an borah Antonecchia
�f land Sio
LuWan-EFSarah Dolce
� Q M�
C ris an Candace Edelm ] Z
Henry and Angela Kosinski Z�
/ I gina Pte&r
Mic ll2`�
�'Usgn l�aff� o
braChris and Yvette nson 3
Mark d Arlene ahmin
3�4
k6k
L 7�d..T of..... �^ r'
cc: Chief '--•=- Ed Qe�nn /,n
Village of Port Chester Fire Department
209 Westchester Avenue
Port Chester,NY 10573 ��
ALL TRAFFIC
SOLUTIONS Speed Summary Report
fro
For Village of Rye Brook on 6/1/2015 at 2:40 PM Page 1 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015(Su, M, T, W,Th, F, Sa)
Notes:
Speed Total# Total# % Average# Average# Minimum Maximum Average i
RecordedLimit Vehicles Violations Violations Vehicles of -IF
Speed Speed Speed Speed Speed Effectiveness
per day Violations Recorded
Conditional 30 62 10 16.1 % 6.9 1.1 6 52 25 23.5 29.2 75.4°/O
Messa es
Conditional 30 32 3 9.4 % 4.6 0.4 6 33 25 23.8 26.5 78.0%
Messa es
Conditional 30 13 5 38.5% 3.3 1.3 21 41 30 27.3 34.9 76.9%
Messages
Conditional 30 7 5 71.4% 1.8 1.3 27 38 33 32.0 34.6 85.7%
Messages
Conditional 30 14 5 35.7 % 2.0 0.7 21 51 32 30.4 33.9 78.6 %
Messages
Conditional 30 59 11 18.6 % 6.6 1.2 7 37 21 20.6 23.3 47.2 %
Messa es
Conditional 30 289 33 11.4% 32.1 3.7 5 41 21 21.2 27.0 51.9
Messages
Conditional 30 529 93 17.6 % 58.8 10.3 5 47 25 25.0 29.4 60.3
Messa es
Conditional 30 613 144 23.5% 68.1 16.0 5 42 27 27.2 31.4 5 7.2
Messages
Conditional 30 412 81 19.7 % 45.8 9.0 5 41 26 26.4 30.5 57.4%
Messages
Conditional 30 398 122 30.7 % 44.2 13.6 5 44 27 27.4 32.3 59.0 %
Messages
Conditional 30 506 142 28.1 % 56.2 15.8 5 46 27 27.3 32.1 58.5 %
Messages
1 of 5
ALLTRAFFIC
soLurioNs Speed Summary Report
rFor Village of Rye Brook on 6/1/2015 at 2:40 PM Page 2 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M,T,W,Th, F, Sa)
. .
Conditional 30 564 159 28.2 % 62.7 17.7 5 54 27 27.2 1132. 59.6
Messa es
Conditional 30 510 141 27.6 % 63.8 17.6 5 47 27 27.2 31.8 64.4%
Messages
Conditional 30 631 154 24.4 % 61.5 15.0 5 48 27 27.0 31.6 61.2%
Messages,
Display Off
Conditional 30 732 169 23.1 % 81.2 15.8 5 57 25 25.5 30.6 58.8%
Messages,
_
Display Off
Conditional 30 571 179 31.3 % 70.8 18.9 5 46 26 26.4 32.6 62.6
Messages,
Display Off
Conditional 30 668 192 28.7 % 72.1 22.0 5 49 27 28.2 32.3 60.9 %
Messages,
Display Off
Conditional 30 676 220 32.5 % 75.1 24.4 5 47 27 27.4 32.5 66.3%
Messages
Conditional 30 563 166 29.5 % 62.6 18.4 5 43 27 27.3 31.7 69.0%
Messages
Conditional 30 438 88 20.1 % 48.7 9.8 7 41 27 26.5 30.1 67.6
Messa es
Conditional 30 286 53 18.5 % 31.8 5.9 5 46 25 24.8 29.7 71.6%
_
Messages
Conditional 30 192 33 17.2 % 21.3 3.7 5 47 25 24.5 28.9 76.2
Messages
Conditional 30 124 37 29.8 % 13.8 4.1 8 59 28 27.0 30.6 76.3
Messa es
2of5
AFFIC
SOLUTIONS Speed Summary Report
rFor Village of Rye Brook on 6/1/2015 at 2:40 PM Page 3 of 5
6
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015(Su, M,T, W, Th, F, Sa)
ANN
• Conditional 30 8889 2245 25.3 % 995.4 247.7 5 59 26 26.3 30.8 66.0 %
• Messages,
• Display Off
• 0 0 0.0 % 0.0 0.0 0 0 0 0.0 0.0 0.0 %
• 6287 1551 24.7 % 709.9 175.9 5 59 27 26.2 30.6 67.0
3of5
ALLT Speed Summary Report
S
SOLUTTIOONNS
Irk#
For Village of Rye Brook on 6/1/2015 at 2:40 PM Page 4 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015(Su, M, T, W,Th, F, Sa)
Volumes by Compliance Sign Effectiveness
800
700 Vehicles Slowed
600
500
400
300
200
100
0
Other 34%
Compliant *Violators Vehicles Slowed
Speeds
35 •••••
25 -���' `��, --
20 15 -
-
10 -
5 -
0
o°
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4of5
ALL TRAFFIC
SOLUTIONS Speed Summary Report
rFor Village of Rye Brook on 6/1/2015 at 2:40 PM Page 5 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015(Su, M,T, W,Th, F, Sa)
Overall Summary
Total Days of Data 9
Speed Limit 30
Average Speed 26.48
50th Percentile Speed 26.29
85th Percentile Speed 30.82
Pace speed range 27 to 36
Maximum Speed 59
Minimum Speed 5
Display Status? Displaying Speed Feedback
Average Volume per Day 995.43
Total Volume 8,889
5of5
ALL TRAFFIC 1-3 'M
$QLUTIONS Speed Summary Report
For Village of Rye Brook on 6/23/2015 at 2:21 PM Page 1 of 4
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates:5/12/2015 to 5/20/2015(Su, M,T,W,Th, F, Sa)
Notes:
Conditional 30 1 P11OOq.O '%116M 0.1 0.1 51 52 54 51.0 51.0 75.4
Messages
Conditional 30 1 1 100.0 % 0.1 0.1 51 51 54 51.0 51.0 78.6%
Messages
Conditional 30 1 1 100.0 % 0.1 0.1 46 47 49 46.0 46.0 60.3%
Messa es
Conditional 30 1 1 100.0% 0.1 0.1 46 46 49 46.0 46.0 58.5%
Messages
Conditional 30 1 1 100.0% 0.1 0.1 51 54 54 51.0 51.0 59.6 %
Messages
Conditional 30 1 1 100.0% 0.1 0.1 46 47 49 46.0 46.0 64.4%
Messa es
Conditional 30 1 1 100.0% 0.1 0.1 46 48 49 46.0 46.0 60.0 %
Messages
Conditional 30 3 3 100.0% 0.4 0.4 46 57 52 46.0 56.0 56.5 %
Messa es
Conditional 30 1 1 100.0% 0.1 0.1 46 46 49 46.0 46.0 64.7%
Messages
Conditional 30 1 1 100.0% 0.1 0.1 46 49 49 46.0 46.0 62.7%
Messages
Conditional 30 1 1 100.0% 0.1 0.1 46 47 49 46.0 46.0 66.3 %
Messa es
Conditional 30 1 1 100.0% 0.1 0.1 46 46 49 46.0 46.0 71.6 %
Messages
1 of 4
ALLTRAFFIC
soLurIoNs Speed Summary Report
For Village of Rye Brook on 6/23/2015 at 2:21 PM Page 2 of 4
WF
Generated by Chief Gregory Austin Time of Day:0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015(Su, M,T,W,Th, F,Sa)
Hours Mode Speed Total# Total# % Average . 0' 85% Sign
Limit Vehicles Violations . .
perday ViolationsRecorded
per ..
Conditional 30 1 1 100.0% 0.1 0.1 46 47 49 46.0 46.0 76.2
Messa es
Conditional 30 2 2 100.0 % 0.2 0.2 46 5954 56.0 56.0 76.3
Messages
• Conditional 30 17 17 100.0 % 2.0 2.0 46 59 50 47.8 48.5 67.0 %
• Messages
• 0 0 0.0% 0.0 0.0 0 0 0 0.0 0.0 0.0 %
• 17 17 100.0% 2.0 2.0 46 59 50 47.8 48.5 67.0%
N
2of4
ALL TRAFFIC
soLuTIo«s Speed Summary Report
rFor Village of Rye Brook on 6/23/2015 at 2:21 PM Page 3 of 4
Generated by Chief Gregory Austin Time of Day:0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015(Su, M,T. W,Th, F, Sa)
Volumes by Compliance Sign Effectiveness
3
2.5 Vehicles Slowed b�
2
1.5
1 -
0.5 -
0 -100000-010 SNEER#
All
O• 'C' 1ti �Ci' bra• tiQi• .y'1.• her 33%
•Compliant Violators Vehicles Slowed
Speeds
60 -
40 -
30
20
10 -
0 ,
O• 9i• 'C' titi• .y'y ,^5' 411 ��j• ,yro• �1• 10• �.y. ,y'y' ,y^i'
pS ee Limit 0 Avg Speed 0 85% Speed]
3 of 4
ALL TRAFFIC
soLurioNs Speed Summary Report
rFor Village of Rye Brook on 6/23/2015 at 2:21 PM Page 4 of 4
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates:5/12/2015 to 5/20/2015(Su, M,T.W,Th, F, Sa)
Overall Summary
Total Days of Data 9
Speed Limit 30
Average Speed 50.17
50th Percentile Speed 47.79
85th Percentile Speed 48.5
Pace speed range 43 to 52
Maximum Speed 59
Minimum Speed 46
Display Status? Displaying Speed Feedback
Average Volume per Day 2
Total Volume 17
4 of 4
ALLTRAFFIC
SOLUTIONS Speed Summary Report
For Village of Rye Brook on 6/23/2015 at 2:21 PM Page 1 of 4
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
Notes:
Mode eed Total # Total # % Average # Average # Minimum Maximum Average 85% Sign
hicies lViolations Violations Vehicles of Speed Speed Speed Speejd Effectiveness
per day Violations Recorded Recorded
EiJL& L perday m.Wnf
Conditional 30 1 1 100.0 % 0.1 0.1 51 52 54 51.0 51.0 75.4 %
Messages
Conditional 30 1 1 100.0 % 0.1 0.1 51 51 54 51.0 51.0 78.6 %
Messages
Conditional 30 1 1 100.0 % 0.1 0.1 46 47 49 46.0 46.0 60.3 %
Messages
Conditional 30 1 1 100.0 % 0.1 0.1 46 46 49 46.0 46.0 58.5 %
Messa es
Conditional 30 1 1 100.0 % 0.1 0.1 51 54 54 51.0 51.0 59.6 %
Messa es
Conditional 30 1 1 100.0 % 0.1 0.1 46 47 49 46.0 46.0 64.4 %
Messages
Conditional 30 1 1 100.0 % 0.1 0.1 46 48 49 46.0 46.0 60.0 %
Messa es
Conditional 30 3 3 100.0 % 0.4 0.4 46 57 52 46.0 56.0 56.5 %
Messa es
Conditional 30 1 1 100.0 % 0.1 0.1 46 46 49 46.0 46.0 64.7 %
Messages
Conditional 30 1 1 100.0 % 0.1 0.1 46 49 49 46.0 46.0 62.7 %
Messa es
Conditional 30 1 1 100.0 % 0.1 0.1 46 47 49 46.0 46.0 66.3 %
Messages
Conditional 30 1 1 100.0 % 0.1 0.1 46 46 49 46.0 46.0 71.6 %
Messages
1 of 4
ALLTRAFFIC
SOLUTIONS Speed Summary Report
For Village of Rye Brook on 6/23/2015 at 2:21 PM Page 2 of 4
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
i
•NP 0 ZTT . .
Conditional 30 1O 1 100.0 % 0.1 0.1 46 47 49 46.0 46.0 76.2 %
Messages
Conditional 30 2 2 100.0 % 0.2 0.2 46 59 54 56.0 56.0 76.3 %
Messages
• Conditional 30 17 17 100.0 % 2.0 2.0 46 59 50 47.8 48.5 67.0 %
• Messages
• 0 0 0.0 % 0.0 0.0 0 0 0 0.0 0.0 0.0 %
• 17 17 100.0 % 2.0 2.0 46 59 50 47.8 48.5 67.0 %
2 of 4
ALL TRAFFIC
S CUT IONS Speed Summary Report
rFor Village of Rye Brook on 6/23/2015 at 2:21 PM Page 3 of 4
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
Volumes by Compliance Sign Effectiveness
3
2.5 Vehicles
� f � y
Slowed
2
1.51
0.50 ° 1 ° O
o
Other 33%
Compliant Violators Vehicles Slowed
Speeds
60
50
40
30
20
10
0
o° a° o° o° o° o° o° o° o° o° o°
Speed Limit Avg Speed 0 85% Speed
3 of 4
ALLTRAFFIC
SOLUTIONS Speed Summary Report
For Village of Rye Brook on 6/23/2015 at 2:21 PM Page 4 of 4
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
Overall Summary
Total Days of Data 9
Speed Limit 30
Average Speed 50.17
50th Percentile Speed 47.79
85th Percentile Speed 48.5
Pace speed range 43 to 52
Maximum Speed 59
Minimum Speed 46
Display Status? Displaying Speed Feedback
Average Volume per Day 2
Total Volume 17
4 of 4
Concerned Residents of the Village of Rye Brook,New York
C/o Yvette Quinson
23 Hawthorne Avenue
Rye Brook,New York 10573
(914)937-3720
yquinson@hotmail.com
April 24,2015
Chief Gregory J.Austin
Chief of Police
and
Sergeant John Arnold
Traffic Sergeant
Village of Rye Brook Police Department
938 King Street
Rye Brook,NY 10573
Mr.Christopher Bradbury
Administrator
Village of Rye Brook
938 King Street
Rye Brook,NY 10573
Mr.Paul S.Rosenberg
Mayor
Village of Rye Brook
938 King Street
Rye Brook,NY 10573
Trustees
Board of Trustees of the Village of Rye Brook
938 King Street
Rye Brook,NY 10573
Re: Speeding on Hawthorne Avenue
Ladies and Gentlemen:
We are writing to request your immediate attention and response regarding a safety issue of great
concern to the undersigned residents of the Village of Rye Brook. We live on Hawthorne Avenue in the
Village and hereby request prompt, meaningful action regarding the recurring problem of speeding motorists
on our street.
Background and Accident
Hawthorne Avenue is a residential two-way street that runs for a straight distance of approximately
1,500 feet(just under one-third of a mile)between Westchester Avenue and North Ridge Street in the Village
of Rye Brook. Our street is comprised of single family dwellings and is home to a diverse group of residents
young and old, many of whom are long-time residents of the Village. Unfortunately, speeding and other
unlawful driving practices are a continual, significant problem on our street. Motorists regularly drive down
Hawthorne Avenue at very high rates of speed (well over the posted 30 mph speed limit). Drivers turn onto
our home street and treat it as a speedway, accelerating and gaining speed as they travel the length of the
Village of Rye Brook April 24,2015
roadway. The problem has prompted many of us to reach out repeatedly to Village officials to ask for help.
One resident in particular, Sarah Dolce, our neighbor at 18 Hawthorne Avenue, has been most active in
communicating concerns to Village police officials. Sarah has pleaded for help. As a wife and mother of
three young children, Sarah is understandably concerned about the safety of our neighborhood. Ironically,
Thanksgiving night 2014, as Sarah crossed Hawthorne Avenue, she was hit by a speeding car. The accident
that we have all dreaded for so long happened with near fatal consequences. Sarah's injuries are extensive.
Those injuries include one skull fracture, six facial fractures, broken nose, multiple lost and broken teeth,
deep facial lacerations and cranial and body contusions. She faces multiple surgeries, including major
surgeries to insert plates in her skull and eye socket. Sarah faces a long and uncertain recovery. If nothing is
done to address the problem of speeding on Hawthorne Avenue, Sarah and the Dolce family will not be the
only victims of the habitual speeders on our road.
Request for Corrective Measures
We are writing this letter to you,the leaders of our community,to request prompt implementation of
corrective measures on Hawthorne Avenue. Although no single step is guaranteed to eliminate all unlawful
driving practices on our street,we are confident that several measures taken together will meaningfully lower
the risk of another tragedy like the one that the Dolce family is enduring. Specifically,we ask you to take the
following next steps:
• Residents Megni? - Convene a meeting of residents of the Village of Rye Brook within the
next thirty (30) days where officials and residents can discuss concerns and formulate a plan
for moving forward. Any parties with an interest in the matter should be invited to attend.
For example, the Village of Port Chester Fire Department often uses Hawthorne Avenue
when responding to calls from locations off of North Ridge Street and therefore they should
participate in the meeting.
• Site Visit - Conduct a site visit to Hawthorne Avenue so that you can see first-hand the
severity and frequency of the speeding problem. If you visit around 7:00 AM on a weekday,
you will see our children as they wait for their school buses with drivers speeding past. Many
of those drivers use Hawthorne Avenue as a shortcut from Ridge Street to Westchester
Avenue as they race to the Port Chester train station. Some of these same drivers have also
attempted to pass and have passed stopped school buses as the kids try to board their buses.
On at least one occasion, we have provided Village police with the license plate number of
just such an offender,but we do not know if the matter was pursued.
• En orcement- Increase enforcement of the speed limit and traffic laws. The Village of Rye
Brook Police Department should increase its patrol of our street and issue tickets to motorists
that do not observe the posted speed limit or that drive around stopped school buses. In the
past,the Village has installed digital signage that flashes a driver's speed, but that step alone
has not produced meaningful relief from the speeding problem. A traffic ticket with a fine,
points on the driver's license and/or a summons for drivers that exceed the speed limit by
more than 15 mph are more likely to result in modification of driver behavior than the digital
display by itself. The Village of Rye Brook should consider consistently posting a traffic
officer at the midpoint of Hawthorne Avenue on weekdays between 7:00 AM and 9:00 AM to
serve as a deterrent to would-be speeders.
• Speed Limit-Consider lowering the posted speed limit from 30 mph.
2
Village of Rye Brook April 24,2015
• Modi, Traffic Pattern - Make Hawthorne Avenue 'one-way" or prohibit left turns onto
Hawthorne Avenue from North Ridge Street. Either modification allows for use of our street
by the Village of Port Chester Fire Department on the way "to" calls from locations off of
North Ridge Street. Fire department response time is not impacted, but Hawthorne Avenue
will no longer be used as a shortcut for early morning motorists trying to catch their trains at
the Port Chester train station.
• Physical Barriers and Surveillance-Explore installation of physical barriers and surveillance
elements, such as speed bumps, rollaway fences and traffic cameras. The Village of Rye
Brook should consider installing physical barriers and surveillance cameras to promote
compliance with and enforcement of the posted speed limit.
• &Ligge - Install additional safety signage. The Village of Rye Brook should install signage
advising motorists of the speed they are travelling (combine this with surveillance cameras
and a ticketing program)and also advise motorists turning onto Hawthorne Avenue that there
are children in the vicinity.
Urgent Action
We are relying on you to implement a comprehensive set of corrective measures, including those
listed above,that will render our street safer for our families and all that use Hawthorne Avenue. The matter
is an urgent one and the consequences of inaction are both predictable and, as we now know first-hand, life-
threatening.
As for the view that "nothing can be done" about traffic matters on Hawthorne Avenue because(1) it
is used by the Village of Port Chester Fire Department to respond to emergency calls or(2)this is the way
that it has always been and nothing has changed to prompt action now, we say that view is unacceptable and
wrong. First,the lives of Hawthorne Avenue residents cannot be continually put at risk in the interest of fire
department response time on those occasions when calls come in. What about the constant, everyday risks
that our families are exposed to from speeders if nothing is done? Emergency responders have a keen
appreciation about the dangers of speeding. Surely, steps can be taken to reduce those dangers on our street in
a way that takes into account the important needs of Port Chester Firefighters. Second, something has
changed that has made the problem on our street worse: texting while driving. Now drivers are not only
speeding on Hawthorne Avenue,they are speeding and texting. The result is that the danger on our street is
more pronounced than ever. The situation is a crisis that demands immediate, meaningful action. As the
measures listed above indicate something CAN be done to make our street safer and we look to you as our
Village leaders to see it through as soon as possible.
continued on next page
3
Village of Rye Brook Pe, 2015
Please do not let this matter get bogged down in organizational delay -the stakes are too high. The
problem is obvious and pragmatic solutions are available and can be implemented if you take prompt,
decisive action. The lives and well-being of Village residents are at risk and you are in a position to safeguard
them. We urge you to move forward with the steps we have outlined above and help prevent tragedy from
striking another one of our friends and neighbors. We thank you in advance for your careful attention to this
matter of critical importance.
Sincerely,
Concerned Residents of the Village of Rye Brook
residing on Hawthorne Avenue:
nand ebornah`Antonecchia
o and S=?_'
rVV9V �� Lu' an Sarah Dolce P f�,,
is an Candace Edelm ] 2
Henry and Angela Kosinski
�'USCi✓� !7 cz f f� /c
Mic e an egina Pa elli 21
Chris and Yvette son 3
J
Mark and Arlene ahmin
vl�
cc: Chief rw Q Qo�nn
Village of Port Chester Fire Department
209 Westchester Avenue
Port Chester,NY 10573
ALLTRAFFIC
SOLUTIONS Speed Summary Report
For Village of Rye Brook on 6/1/2015 at 2:40 PM Page 1 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
Notes:
Mode eed Total # Total # % Average # Average # Minimum Maximum Average 85% Sign
hicies lViolations Violations Vehicles of Speed Speed Speed Speed Effectiveness
per day Violations Recorded Recorded
EiJL& L perday
Conditional 30 62 10 16.1 % 6.9 1.1 6 52 25 23.5 29.2 75.4 %
Messages
Conditional 30 32 3 9.4 % 4.6 0.4 6 33 25 23.8 26.5 78.0 %
Messages
Conditional 30 13 5 38.5 % 3.3 1.3 21 41 30 27.3 34.9 76.9 %
Messages
Conditional 30 7 5 71.4 % 1.8 1.3 27 38 33 32.0 34.6 85.7 %
Messa es
Conditional 30 14 5 35.7 % 2.0 0.7 21 51 32 30.4 33.9 78.6 %
Messa es
Conditional 30 59 11 18.6 % 6.6 1.2 7 37 21 20.6 23.3 47.2 %
Messages
Conditional 30 289 33 11.4 % 32.1 3.7 5 41 21 21.2 27.0 51.9 %
Messa es
Conditional 30 529 93 17.6 % 58.8 10.3 5 47 25 25.0 29.4 60.3 %
Messa es
Conditional 30 613 144 23.5 % 68.1 16.0 5 42 27 27.2 31.4 57.2 %
Messages
Conditional 30 412 81 19.7 % 45.8 9.0 5 41 26 26.4 30.5 57.4 %
Messa es
Conditional 30 398 122 30.7 % 44.2 13.6 5 44 27 27.4 32.3 59.0 %
Messa es
Conditional 30 506 142 28.1 % 56.2 15.8 5 46 27 27.3 32.1 58.5
Messages
1 of 5
ALLTRAFFIC
SOLUTIONS Speed Summary Report
For Village of Rye Brook on 6/1/2015 at 2:40 PM Page 2 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
i
. .
Ftj
. .
Conditional 30 564 159 28.2 % 62.7 17.7 5 54 27 27.2 32.0 "MCI
Messages
Conditional 30 510 141 27.6 % 63.8 17.6 5 47 27 27.2 31.8 64.4 %
Messa es
Conditional 30 631 154 24.4 % 61.5 15.0 5 48 27 27.0 31.6 61.2 %
Messages,
Display Off
Conditional 30 732 169 23.1 % 81.2 15.8 5 57 25 25.5 30.6 58.8 %
Messages,
Display Off
Conditional 30 571 179 31.3 % 70.8 18.9 5 46 26 26.4 32.6 62.6 %
Messages,
Display Off
Conditional 30 668 192 28.7 % 72.1 22.0 5 49 27 28.2 32.3 60.9 %
Messages,
Display Off
AI Conditional 30 676 220 32.5 % 75.1 24.4 5 47 27 27.4 32.5 66.3 %
Messages
II Conditional 30 563 166 29.5 % 62.6 18.4 5 43 27 27.3 31.7 69.0
Messages
Conditional 30 438 88 20.1 % 48.7 9.8 7 41 27 26.5 30.1 67.6 %
Messa es
Conditional 30 286 53 18.5 % 31.8 5.9 5 46 25 24.8 29.7 71.6 %
Messa es
A Conditional 30 192 33 17.2 % 21.3 3.7 5 47 25 24.5 28.9 76.2 %
Messages
Conditional 30 124 37 29.8 % 13.8 4.1 8 59 28 27.0 30.6 76.3 %
Messages
2of5
ALLTRAFFIC
SOLUTIONS Speed Summary Report
For Village of Rye Brook on 6/1/2015 at 2:40 PM Page 3 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
• q MM IMIMi
• Conditional 30 8889 2245 25.3 % 995.4 247.7 5 59 26 26.3 30.8 66.0
• Messages,
• Display Off
• 0 0 0.0 % 0.0 0.0 0 0 0 0.0 0.0 0.0
• 6287 1551 24.7 % 709.9 175.9 5 59 27 26.2 30.6 67.0 %
3of5
ALL TRAFFIC
S CUT IONS Speed Summary Report
rFor Village of Rye Brook on 6/1/2015 at 2:40 PM Page 4 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
Volumes by Compliance Sign Effectiveness
800
700 Vehicles Slowed
600
500
400
300
200
100
0
O ti' tK' �o �' �ti 1`l.' 1 fro• 1�' ,LO ' Other 34%
F Compliant *Violators Vehicles Slowed
Speeds
35 •••.
30 �'.•�,���----�`•� •.�. .. ................... .... - .. ..... .
25 -----'' �� ----
�'
20
15
10
5
0
o ti ti ti o� h �o 1 �; do by titi ti'ti �o� tih tiro ti� ti� tip; yo ,Lti•
Speed Limit Avg Speed 85% Speed
4of5
ALLTRAFFIC
SOLUTIONS Speed Summary Report
For Village of Rye Brook on 6/1/2015 at 2:40 PM Page 5 of 5
Generated by Chief Gregory Austin Time of Day: 0:00 to 23:59
Location: Hathorne Ave, Hawthorne Ave, N Dates: 5/12/2015 to 5/20/2015 (Su, M, T, W, Th, F, Sa)
Overall Summary
Total Days of Data 9
Speed Limit 30
Average Speed 26.48
50th Percentile Speed 26.29
85th Percentile Speed 30.82
Pace speed range 27 to 36
Maximum Speed 59
Minimum Speed 5
Display Status? Displaying Speed Feedback
Average Volume per Day 995.43
Total Volume 8,889
5of5
July 14, 2015 R-4
RESOLUTION
CONSIDERING A MUTUAL AID AND RAPID RESPONSE INTER-
MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY
BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook
authorizes the Mayor and Village Administrator to sign and execute all necessary
documents to enter into the Westchester County Mutual Aid Inter-Municipal Agreement
regarding mutual aid and a rapid response plan for the Police Departments of
Westchester County
AGREEMENT made this day of , 2015 by
and between:
THE COUNTY OF WESTCHESTER, a municipal corporation of the
State of New York, having an office and place of business in the
Michaelian Office Building, 148 Martine Avenue, White Plains, New
York, 10601
(hereinafter referred to as the "County")
and
THE VILLAGE OF RYE BROOK, a municipal corporation of
the State of New York having an office and place of business at
938 King Street, Rye Brook, New York, 10573
(hereinafter referred to as a "City, Town or Village," as applicable)
WHEREAS, the purpose of the Mutual Aid and Rapid Response Plan for
the Police Departments of Westchester County, New York (the "Plan") is to
formalize operational procedures for Law enforcement assistance to participating
agencies; and
WHEREAS, the Signatory Municipalities have executed the Plan by which
each member agrees to make available its police personnel and equipment to
the others upon the occurrence of a condition which is beyond the scope of its
police resources; and
WHEREAS, due to prevailing world, national and local security situations,
the ever increasing flow of intelligence, and actual threats directed against once
benign sites and facilities, the parties desire that the Plan be flexible and subject
to review and revision as necessary in a timely manner; and
WHEREAS, the Signatory Municipalities desire, inter alia, to ratify the
Agreement described herein and agree on the procedures for timely review and
revision of the Plan; and
WHEREAS, said Plan is governed by and liabilities and costs are
apportioned pursuant to the provisions of New York State General Municipal Law
("General Municipal Law") Section 209-m which provides, inter alia, that absent
agreement to the contrary, the municipality receiving police aid (the "Requesting
Municipality") shall reimburse the municipality providing such aid (the "Assisting
Municipality") for any money paid by it for police salaries and other expenses
incurred by it including damage to, or loss of, equipment and supplies.
NOW, THEREFORE, in consideration of the terms and conditions herein
contained, the parties agree as follows:
FIRST: Definitions
(1) Chief Executive Officer: The officer within a Signatory Municipality
who is authorized pursuant to General Municipal Law Section 209-m to request
or grant a request for police assistance from another Signatory Municipality.
(2) Department Head: Any police chief, Commissioner or other official in
command or acting command of the police department or police force of a
Signatory Municipality.
(3) Requesting Municipality: Any Signatory Municipality requesting the
assistance of the police force of another Signatory Municipality pursuant to the
terms of this Agreement.
(4) Assisting Municipality: Any Signatory Municipality providing
assistance to a Requesting Municipality pursuant to the terms of this Agreement.
(5) Emergency: Shall have its common dictionary definition.
(6) Signatory Municipality: All municipalities that have signed this
Agreement, including the County.
SECOND: The Mutual Aid and Rapid Response Plan for the Police
Departments of Westchester County, New York and the Westchester County
Arson Zone Plan (collectively the "Plan"), are annexed hereto and incorporated
herein as Schedule "A". The Parties further agree to the Plan, as same may be
amended from time to time in accordance with the review and revision
procedures set forth in said Plan.
THIRD: This Agreement shall commence on July 31 , 2015 (the
"Commencement Date") and terminate on July 30, 2020, unless terminated
sooner in accordance with the provisions hereof. Any prior agreement signed by
a party for this purpose shall be deemed terminated upon the commencement of
this Agreement.
FOURTH: The Signatory Municipalities hereby agree to render
appropriate police services to any Requesting Municipality whenever the Chief
Executive Officer of that municipality deems the general public interest requires
it. All such requests for assistance shall be made by the Chief Executive Officer
or Department Head of the Requesting Municipality and granted by the Chief
Executive Officer or Department Head of each Assisting Municipality as set forth
in the Plan.
FIFTH: The cost of police services provided pursuant to this Agreement
shall be paid by the Requesting Municipality subject to the following exceptions:
(a) The police services provided by the County shall be without cost to the
Requesting Municipality.
(b) The police services provided by each Assisting Municipality shall be
reimbursed as provided in Section 209-m of the General Municipal Law, as same
may be amended, except as provided above in Paragraph (a).
(c) The Requesting Municipality shall reimburse the County and each
Assisting Municipality for all liability for damages arising out of acts performed by
the Assisting Municipality in rendering aid. In addition, the Requesting
Municipality shall provide defense for and defend, at its sole expense, any and all
claims, demands or causes of action directly or indirectly resulting from the
rendering of aid by the County and each Assisting Municipality. Notwithstanding
the foregoing, the Requesting Municipality shall not be liable for any damages
resulting from any intentional wrongs or reckless conduct by the police force of
the Assisting Municipality.
(d) The requesting Municipality shall reimburse the County and each
Assisting Municipality for all expenses incurred pursuant to the provisions of
Section 207-c of the General Municipal Law, as same may be amended, and for
any award of compensation made pursuant to the Workers' Compensation Law
for salaries and expenses paid to officers of the County and each Assisting
Municipality who are injured while rendering assistance to the Requesting
Municipality pursuant to the Agreement.
SIXTH: Any party to this agreement may withdraw at any time, upon thirty
(30) days written notice to each of the other parties, and thereafter such
withdrawing party shall no longer be a party to this Agreement; but this
Agreement shall continue to exist among the remaining parties.
SEVENTH: (a) The Westchester County Chiefs of Police Association
("WCCOPA") shall be responsible for the administration and future amendments
or revision of the Plan. Administration shall entail, but not be limited to, the
development of an organized effort, identification of county-wide special
equipment, and interface with auxiliary services and agencies for the
development of protocols and assumed responsibilities.
(b) A sub-committee of the WCCOPA will review the Plan at least once a
year and formulate recommendations for amendments or revisions as necessary.
EIGHTH: The rights and obligations set forth in this Agreement shall be
binding upon and shall inure to the benefit of each municipality which has
executed this Agreement with the County.
NINTH: As to any signatory municipality, this Agreement shall not be
enforceable until signed by both parties and all applicable legal approvals have
been obtained.
TENTH: If any term or provision of this Agreement is held by a court of
competent jurisdiction to be invalid or void or unenforceable, the remainder of the
terms and provisions of this Agreement shall in no way be affected, impaired, or
invalidated, and to the extent permitted by applicable law, any such term, or
provision shall be restricted in applicability or reformed to the minimum extent
required for such to be enforceable. This provision shall be interpreted and
enforced to give effect to the original written intent of the parties prior to the
determination of such invalidity or unenforceability.
ELEVENTH: In addition to the aforementioned General Municipal Law
Section 209-m, this Agreement shall be subject to any applicable laws, rules and
regulations.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
THE COUNTY OF WESTCHESTER
By
George N. Longworth
Commissioner - Sheriff
THE VILLAGE OF RYE BROOK
By
Paul S. Rosenberg
Mayor
Approved by the Westchester County Board of Legislators on the 11 th day of May, 2015.
Approved by the Board of Acquisition and Contract of the County of Westchester on the
18th day of June, 2015.
Approved as to form and
manner of execution:
Assistant County Attorney
County of Westchester
S/O/DPS/Police Mutual Aid 2015/Police IMA.doc
MUNICIPALITY'S ACKNOWLEDGEMENT
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER)
On this day of , 2015, before me personally came
to me known, and known to me to be the of
, the municipal corporation
described in and which executed the within instrument, who being by me duly sworn did depose
and say that he/she, the said
resides at and that he/she is the of
said municipal corporation.
Notary Public County
CERTIFICATE OF AUTHORITY
(Municipality)
I, certify that I am the
(Officer other than officer signing contract)
of the
(Title) (Name of Municipality)
(the "Municipality") a corporation duly organized in good standing under the
(Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law)
named in the foregoing agreement that who signed said
(Person executing agreement)
agreement on behalf of the Municipality was, at the time of execution of
(Title of such person),
the Municipality, that said agreement was duly signed for on behalf of said Municipality by
authority of its thereunto duly authorized,
(Town Board, Village Board, City Council)
and that such authority is in full force and effect at the date hereof.
(Signature)
STATE OF NEW YORK )
ss.:
COUNTY OF WESTCHESTER)
On this_day of 2015, before me personally came
whose signature appears above, to me known, and know to be the
of
(Title)
the municipal corporation described in and which executed the above certificate, who being by
me duly sworn did depose and say that he, the said
resides at , and that
he/she is the of said municipal corporation.
(Title)
Notary Public County
SCHEDULE "A"
SEE ATTACHED
THE MUTUAL AID AND RAPID RESPONSE PLAN
FOR THE POLICE DEPARTMENTS OF
WESTCHESTER COUNTY, NEW YORK
PURPOSE
To establish procedures for the Police Departments of Westchester County to
provide the uninterrupted delivery of police service during those situations that
exceed the resources of any individual Department.
BACKGROUND
It is the responsibility of the police to be prepared and guided when dealing with
major incidents whether they are criminal in nature or natural disasters. rapid
response and sound planning can often prevent loss of life, damage to property and
prevent an incident from escalating.
POLICY
It is the policy of the Police Departments of Westchester County to promptly provide
Mutual Aid and Rapid Response in the form of manpower and equipment under the
County Mutual Aid and Rapid Response Plan, (hereinafter referred to as the "Plan")
upon the request of any participating agency.
DEFINITIONS
1 . Mutual Aid and Rapid Response Incident: An incident requiring activation of
the Mutual Aid and Rapid Response is defined as a major incident or
occurrence which necessitates a Police Department, within Westchester
County, to summons immediate wide scale assistance.
2. Major Incidents: Means any event, generally of an emergency nature, that
involves actual or potential personal injury or property damage arising from a
natural disaster, manmade disaster, civil disturbance or terrorist action.
3. Natural Disaster: Means those incidents in which the forces of nature threaten
the lives, safety or property of numerous persons; i.e., floods, hurricanes,
earthquakes, explosions, tornadoes, landslides, drought, infestation or
significant snowfall/blizzard.
4. Manmade Disaster: Means incidents in which the forces of man threaten the
lives, safety or property of numerous persons; i.e., nuclear/radiological
accidents, chemical spills, major railroad accidents or aircraft crashes.
5. Civil Disturbance: Means an action by any group that poses a substantial
threat to peace, life or property or any tumultuous or violent activity that
creates a Grave risk of causing public alarm.
I
6. Terrorist Action: Is defined as a politically motivated, hostile action taken by a
person or group whose intent is the commission of violent acts designed to
instill fear, communicate a message and/or demand some governmental
action.
7. Requesting Agency: A Police Department located within the geographical
confines of the County of Westchester that is requesting Mutual Aid from other
police agencies, which are signatories to the Mutual Aid and Rapid Response
Plan for the Police Departments of Westchester County, New York.
8. Responding Agency: A Police Department located within the geographical
confines of the County of Westchester that is responding to a request for
Mutual Aid from other police agencies, which are signatories to the Mutual Aid
and Rapid Response Plan for the Police Departments of Westchester County,
New York.
9. Zone Coordinator: Each Zone of response will designate a Zone Coordinator,
who shall be responsible for coordinated Zone response; e.g., response to
locations outside of Westchester County as well as coordination of mock
activations of the Plan.
10. Incident Command System: The accepted system to be utilized to coordinate
multi-agency responses to incidents.
11 . Incident Commander: Is defined as the highest ranking member of the
requesting Department at the scene, or his/her designee.
12. Inner Perimeter: Is defined as the immediate area of containment around an
incident site.
13. Outer Perimeter: Is defined as the peripheral control area surrounding the
inner perimeter, providing a safe zone for access to or egress from the inter
perimeter as well as defining the limit of access by unauthorized persons.
14. Staging Area: Is defined as a location selected generally within the outer
perimeter to facilitate arriving resources and personnel responding for
assignments.
15. Command Post: Is defined as the post from which the Incident Commander
and his staff coordinate the Department's response to a major emergency.
LEGAL CONSIDERATIONS
16. General Municipal Law §209-M. Outside service by local police; civil
disturbance control.
A. (Subdivision 2). Notwithstanding the provisions of any general, special or
local law, or any county, city or village charter, the Chief Executive Officer
of a local government, whenever he deems that the public interest
2
requires it, may request the Chief Executive Officer of any other local
government to detail, assign and make available for duty and use in the
local government for which the request is made, any part of the forces,
equipment and supplies of the Police Department, police force or parkway
police force of the local government of which the request is made. The
Chief Executive Officer of the local government of which the request is
made is hereby authorized and empowered to grant the request so made.
B. (Subdivision 3). A local government may, by local law, delegate to the
Chief of Police of its Police Department or police force, the powers hereby
granted to the Chief Executive Officer to request and grant police
assistance.
C. (Subdivision 4). If the Chief Executive Officer of any such local
government is absent or disabled, the Chief of Police of the local
government may make any such request or may grant any such request,
as the case may be.
D. (Subdivision 5). The local government receiving police aid pursuant to this
Section shall assume the liability for all damages arising out of any act
performed in rendering such aid and shall reimburse the assisting local
government of any monies paid by it for salaries or for other expenses
incurred by it including damage to or loss of equipment and supplies. As
assisting local government may assume such loss, damage expenses or
cost for such equipment and supplies and donate such services to the
receiving local government. While engaged in duty and rendering such
services in such local government, the Officers and members of such
Police Department or police force shall have the same powers, duties,
rights, benefits, privileges and immunities as if they were performing their
duties in the local government in and by which they are normally
employed.
ZONES OF RESPONSE
17. County-Wide participants shall consist of the following Departments:
Department Rapid Response Delayed Response
A. Metropolitan Transportation
Authority Police Department; Four (4) Ten (10)
B. New York State Police; Eight (8) Twelve (12)
C. New York City Department
of Environmental Protection; Three (3) Ten (10)
D. Westchester County Department
of Public Safety Eight (8) Twenty (20)
TOTALS: Twenty-Three (23) Fifty-Two (52)
18. When a County-Wide participant requests assistance to this Plan, they will
become a member of any Zone in which they have the need for assistance.
3
A. E.g., assistance for an event at Tibbett's Brook Park, a County park, the
Westchester County Department of Public Safety will be a member of
Zone "B" for the purpose of requesting aid.
B. For an event at the Croton/Harmon Train Station, the Metropolitan
Transportation Authority Police Department will be a member of Zone "A"
for the purpose of requesting aid.
19. When a County-Wide participant receives a request for assistance under this
Plan, they will become a member of the Zone from which the request for
assistance is being made and will respond accordingly.
20. Zone "A" (ADAM) shall consist of the following Departments:
Department Rapid Response Delayed Response
A. Bedford (Town); One (1) Two (2)
B. Briarcliff (Village); One (1) Two (2)
C. Buchanan (Village); Zero (0) One (1)
D. Croton-on-Hudson (Village); One (1) One (1)
E. Lewisboro (Town); Zero (0) Zero (0)
F. Mt. Kisco (Village); One (1) Two (2)
G. Mount Pleasant (Town); One (1) Three (3)
H. New Castle (Town); One (1) Three (3)
I. North Castle (Town); One (1) Two (2)
J. North Salem (Town); Zero (0) Zero (0)
K. Ossining (Town); Zero (0) Zero (0)
L. Ossining (Village); Two (2) Eight (8)
M. Peekskill (City); Four (4) Seven (7)
N. Pleasantville (Village); One (1) Two (2)
O. Pound Ridge (Town); Zero (0) Four (4)
P. Sleepy Hollow (Village); One (1) Three (3)
O. Somers (Town); Zero (0) Zero (0)
R. Yorktown (Town). One (1) Five (5)
21 . TOTALS: Sixteen (16) Forty-five (45)
4
22. Zone "B" (BAKER) shall consist of the following Departments:
Department Rapid Response Delayed Response
A. Ardsley (Village); One (1) Three (3)
B. Dobbs Ferry (Village); One (1) Three (3)
C. Elmsford (Village); One (1) Three (3)
D. Greenburgh (Town); Three (3) Twelve (12)
E. Hastings-on-Hudson (Village); One (1) Three (3)
F. Irvington (Village); Zero (0) Three (3)
G. Scarsdale (Village); Two (2) Four (4)
H. Tarrytown (Village); One (1) Three (3)
I. White Plains (City). Five (5) Ten (10)
J. Yonkers (City); Five (5) Ten (10)
TOTALS: Twenty (20) Fifty-Four (54)
23. Zone "C" (CHARLIE) shall consist of the following Departments:
Department Rapid Response Delayed Response
A. Bronxville (Village); One (1) Three (3)
B. Eastchester (Town); Two (2) Five (5)
C. Harrison (Town); Two (2) Eight (8)
D. Larchmont (Village); One (1) Two (2)
E. Mamaroneck (Town); Two (2) Two (2)
F. Mamaroneck (Village); Two (2) Four (4)
G. Mt. Vernon (City); Four (4) Ten (10)
H. New Rochelle (City); Four (4) Six (6)
I. Pelham (Village); One (1) Four (4)
J. Pelham Manor (Village); One (1) Three (3)
K. Port Chester (Village); Three (3) Five (5)
L. Rye (City); Two (2) Four (4)
M. Rye Brook (Village); One (1) Three (3)
N. SUNY Purchase One (1) Two (2)
O. Tuckahoe (Village). One (1) Five (5)
TOTALS: Twenty-eight (28) Sixty-six (66)
s
LEVELS OF RESPONSE
24. Alert Notification: A situation exists of serious proportions and
Departments within the Zone of Alert should prepare to send the
minimum pre-arranged manpower (rapid response) to the identified
location. DO NOT RESPOND AT THIS TIME!
25. Pre-Zone Response: (Approximately eight (8) uniformed officers).
A situation exists that requires additional police resources but does not
require a full Zone response. The Westchester County Department of
Public Safety will respond with the minimum pre-arranged manpower for
a rapid response to the identified location.
Note: The Westchester County Department of Public Safety is prepared
to initiate Incident Command System protocols if requested to do so by
the requesting agency.
26. Level One (1) Response: (Approximately forty five (45) uniformed
officers). Departments within the Zone of Alert are requested to
immediately dispatch, the minimum pre-arranged manpower
for a rapid response to the identified location.
27. Level Two (2) Response: (Approximately sixty five (65) uniformed
officers). A second Zone is being requested to dispatch the minimum
pre-arranged manpower for a rapid response to the identified location.
Note: The second Zone of response will be identified by the requesting
agency.
28. Level Three (3) Response: (Approximately ninety (90) uniformed
officers). Departments from all Zones are requested to dispatch the
minimum pre-arranged manpower for a rapid response to the identified
location.
29. Level Four (4) Response: (Approximately two hundred twenty (220)
uniformed officers). Departments from all Zones are requested to
dispatch the maximum number of pre-arranged manpower (delayed
response) to the identified location.
ACTIVATION OF THE PLAN
30. All requests for assistance under the Plan will be made via the
Westchester County Hot Line System (Hot Line).
31 . The following are example announcements to be followed when
activating the Plan via the Hot Line:
6
Alert Notification [Prepare Only]:
Station (number and jurisdiction) announcing an Alert
Notification. A situation exists that may require a mutual aid
response. Specifically, there is a (nature of the
incident). Departments in Zone should prepare to
dispatch the pre-arranged rapid response to this jurisdiction.
NO NOT RESPOND AT THIS TIME!
Pre-Zone Response:
Station (number and jurisdiction) to the Westchester County
Department of Public Safety, a situation exists requiring a
mutual aid Pre-Zone Response. Specifically, there is a
(nature of incident) we are requesting the
Westchester County Department of Public Safety send its
pre-arranged rapid response. The scene is located at
(specific address). The designated staging area is
located at (specific address). At this time
(rank & name) is in command and the Command Post is
located at (specific address).
Level One (1) Response [One Zone]:
Station (number and jurisdiction) to all stations on the Hot
Line, a situation exists within this jurisdiction requiring a
mutual aid Level One (1) Response. Specifically, there is a
(nature of incident) we are requesting rapid
response from Zone
The scene is located at (specific address).
The designated staging area is located at (specific
address). At this time (rank & name) is in command
and the Command Post is located at (specific
address).
Level Two (2) Response [Two Zones]:
Station (number and jurisdiction) to all stations on the Hot
Line, a situation exists within this jurisdiction requiring a
mutual aid Level 2 Response. Specifically, there is a
(nature of incident) we are requesting rapid
response from Zones and . The scene is located
at (specific address). The designated staging area
is located at (specific address). At this time
(rank & name) is in command and the Command Post is
located at (specific address).
Level Three (3) Response [All Zones]:
Station (number and jurisdiction) to all stations on the Hot
Line, A situation exists within this jurisdiction requiring a
mutual aid Level 3 Response. Specifically, there is a
(nature of incident) we are requesting rapid
response from all Zones. The scene is located at
(specific address). The designated staging area is located at
(specific address). At this time (rank &
name) is in command and the Command Post is located at
(specific address).
Level Four (4) Response [All Zones]:
Station (number and jurisdiction) to all stations on the Hot
Line, A situation exists within this jurisdiction requiring a
mutual aid Level 4 Response. Specifically, there is a
(nature of incident) we are requesting all available
uniform personnel amounting to a delayed response from all
Zones. The scene is located at (specific address).
The designated staging area is located at (specific
address). At this time (rank & name) is in command
and the Command Post is located at (specific
address).
DUTIES OF REQUESTING AGENCY
32. Identify the nature and location of the incident.
33. Identify the location of the Command Post.
34. Identify the Staging Area or location of response.
35. Identify the Incident Commander or any change in command.
36. Identify any and all specialized equipment with which responding
officers should be equipped.
37. Memorialize the name, rank and command of responding officers.
38. Commence internal Departmental mobilization.
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DUTIES OF RESPONDING AGENCY
39. Authorize only the designated pre-arranged number of UNIFORMED
officers specific to the level of alert to respond.
40. Proceed directly to the location of requested response or the Staging
Area as directed.
RESPONSIBILITIES AT THE SCENE OF THE INCIDENT
41 . The Incident Commander designated by the requesting agency shall be
in charge at the scene of the incident.
42. Uniformed officers detailed to the incident shall follow the direction of the
Incident Commander.
43. However, where the provided assistance involves the loan of a
Specialized Weapons and Tacticals (SWAT), hostage negotiation, bomb
disposal or canine unit, the Commander of that specialized unit shall be
responsible for implementation of the specific mission, as determined by
the Incident Commander of the requesting agency.
44. When taking law enforcement actions at the scene of the incident,
including use of force, uniformed officers from the responding agency
shall at all times adhere to their agency policies and procedures and
utilize only those weapons and tactics that they have been trained and
deemed qualified to use.
45. Uniformed officers on loan from the responding agency at an emergency
site shall regularly apprise the Command Post concerning the continued
status of the emergency, line-of-duty injuries or their need for relief.
DEPLOYMENT OF RADIO INTREROPERABLITY SYSTEM (RIOS) VEHICLES:
46. A Radio Interoperability System (RIOS) vehicle shall be deployed to the
scene of all formal mutual aid requests:
Zone A: Westchester County DPS RIOS vehicle
Zone B: Greenburgh PD RIOS vehicle
Zone C: Mt. Vernon PD RIOS vehicle
47. Should the assigned RIOS vehicle be unavailable, the Westchester
County DPS RIOS vehicle shall be requested. Should the Westchester
County DPS RIOS be unavailable, the nearest available RIOS vehicle
shall be requested.
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RELEASE OF PERSONNEL
48. The Incident Commander or his/her designee shall authorize release of
personnel from all responding agencies.
POST OCCURRENCE REPORTINGS
49. Within thirty (30) days of any activation of the Plan, the Chief Executive
Officer of the Requesting Agency shall prepare or cause to be prepared,
a memorandum including a summary of the facts and circumstances
surrounding the Incident, comments related to the effectiveness of the
Plan and recommendations for modification of the Plan and submit
same for the review of the Executive Board of the Westchester County
Chiefs of Police Association.
50. Within thirty (30) days of receipt of the aforementioned memorandum,
the Executive Board of the Westchester County Chiefs of Police
Association will make a determination if modification to the Plan is
necessary.
ANNUAL TRAINING
51 . In order to maintain an appropriate level of readiness, annual training
will be conducted.
ANNUAL REVIEW AND REVISION
52. A sub-committee of the Westchester County Chiefs of Police
Association will review the Plan at least once a year and formulate
recommendations for revisions as the need arises.
Updated October 29, 2013
10
WESTCHESTER COUNTY
ARSON ZONE PLAN
FIRE INVESTIGATION PROTOCOLS
Revised: Apri12010
Introduction
Westchester County, through the Arson Task Force, is restructuring and updating the
Arson Zone Plan. The original Arson Zone Plan, begun in 1981, has worked very
well in some areas of the county. This program has countywide application and
serves as a comprehensive system for the investigation of all suspicious fires in
Westchester County. The implementation of standardized call-out procedures and
report writing is necessary.
The primary goal of the revised Arson Zone Plan remains the same as originally written
some twenty-nine years ago—to provide local Fire and Police Chiefs, upon request,
trained experts to assist in the determination of the cause and origin of suspicious
fires. Additional goals are to bring together, into teams, police and fire professionals
who are trained in fire investigation in order to realize the benefits of skills in cause
and origin matters, as well as to assist in the subsequent criminal investigations.
The primary objectives of the Arson Zone Protocols are:
Establish a quality service to assist chiefs in the determination of cause and origin
of suspicious fires throughout the county.
Establish requirements of police and fire professionals engaged as Cause and
Origin Team members.
Establish call-out procedures and dispatches for Cause and Origin Teams.
Establish forms and report writing procedures for Cause and Origin Teams.
Team Structure
The Arson Zone Plan will be 5 Zones (see attached list). This will enhance the
determination of Cause and Origin of suspicious fires and assist in the successful
arrest and prosecution of arson cases in Westchester County.
The Cause and Origin Teams, one in each zone, will consist of at least four (4) fire
investigators and no more than six (6) fire investigators appointed by the Executive
Board of the Arson Task Force. The Executive Board may also appoint no more than
two (2) adjunct members to each Zone Team.
Administration
Area Deputy Fire Coordinators:
Two (2) Area Deputy Fire Coordinators will be responsible for the administration
of Fire investigation services in the Northern and Southern sections of the county.
These Area Deputy Fire Coordinators will be responsible for the provision and the
coordination of Fire investigation services on scene, securing and coordinating
additional or special resources to assist in the work of the Cause and Origin
Teams, interagency relationships, education programs to the emergency services
and other groups, coordination among the teams, recruitment of team members
and other functions as assigned by the Fire Coordinator and Executive Board of
the Arson Task Force to support the efforts of this program.
2
Zone Directors:
The Police and Fire agencies will nominate Arson Zone Directors, who will be
appointed with the approval of the Executive Board of the Arson Task Force.
There will be two directors for each regional Zone, one from a law enforcement
agency and one from a fire agency.
Cause and Origin Team Members
Qualifications
All Cause and Origin Team Members (Fire Investigators) shall hold certification
for the Fire Behavior/Arson Awareness, Principles of Fire Investigation, and
the 80-hour Fire-Arson Investigation Course. Each of these programs are
prepared and presented through instructors qualified by the New York State
Office of Fire Prevention and Control. If New York State certifications are
not held, the individual will satisfactorily document and demonstrate
competence to the Area Deputy Fire Coordinators in accordance with the
standards reflected in the National Fire Protection Association (NFPA) 921
Guidelines.
All Cause and Origin Team Members (Adjunct Fire Investigators) shall hold
certification for the Fire Behavior/Arson Awareness and Principles of Fire
Investigation courses. The Adjunct Investigator will abide by the guidelines
as set forth in these protocols. In addition, Adjunct Investigators will be
required to complete the 80-hour Fire-Arson Investigation Course within 18
months of their conditional appointment as a Fire Investigator when filling a
vacancy to the Zone Team. If New York State certifications are not held, the
individual will satisfactorily document and demonstrate competence to the
Area Deputy Fire Coordinators in accordance with the standards reflected in
the National Fire Protection Association (NFPA) 921 Guidelines.
All Cause and Origin Team members must attend at least one Fire Investigation
Seminar annually. This may be on a local, state or national level.
Additional course work should include, and not be limited to: Fire/Arson
Investigation Seminar, Fire Investigative Photography, Interviewing
Techniques for the Fire Investigator, Fire Scene Evidence Collection,
Electrical Fire Cause Determination I, Electrical Fire Cause Determination II,
and Juvenile Firesetter Intervention Program Seminar. Each of these
programs are prepared and presented through instructors qualified by the New
York State Office of Fire Prevention and Control.
All Cause and Origin Team members will attend quarterly team meetings with the
Area Deputy Fire Coordinator and Arson Zone Directors.
All candidates for Cause and Origin Team membership will be required to submit
to the Westchester County Arson Task Force Executive Board a
recommendation from the Chief Officer of his/her law enforcement or fire
agency for appointment to the Cause and Origin Team (see attached form).
3
All candidates must be active members of police or fire departments who have
been recommended for participation in this program by the chief of their
department.
Members of the Cause and Origin Teams will adhere to the Code of Ethics which
is appended to this document. Members whose actions deviate from this Code
of Ethics or who do not follow the performance and participation standards
will be subject to removal as a team member. Concerns about a member's
actions will be brought to the Area Deputy Fire Coordinator who will, in turn,
discuss the issue with the Fire Coordinator. If it is felt that further action is
warranted, the matter will be discussed with and referred to the Executive
Board of the Arson Task Force for further action.
Requirements
Be at least 21 years of age, a career or volunteer firefighter and/or police officer
and physically capable of performing the tasks and responsibilities associated
with the Cause and Origin Teams.
Have a working knowledge of current Fire Service practices, tools and
procedures, and have a basic understanding of the New York State Fire
Reporting System.
Must have a valid New York State driver's license and have transportation in
order to fulfill the responsibilities as a Cause and Origin Team member.
Must submit proof to the Arson Task Force Executive Board that a criminal
background check by the New York State Division of Criminal Justice
Services was conducted through the Westchester County Department of
Public Safety.
Notification and Response of Cause & Origin Team Members
All requests for services by a Cause and Origin Team from fire services and/or law
enforcement agencies will be requested through the Westchester County Department
of Emergency Services (60 Control). This does not dispense or eliminate a
responding investigator's obligation to notify their department that they have been
requested by "60 Control" to respond as a member of the Cause and Origin Team.
The "60 Control" dispatcher will identify the location of the incident, and ascertain from
the Incident Commander, or their designee, if the C&O Team is to respond directly to
the scene or if the Team should respond to a nearby staging area. The dispatcher will
also try to obtain additional details relative to the incident that will be pertinent to the
Cause and Origin Team.
After a request for fire investigation assistance has been received, the Cause and Origin
Team will be activated by "60 Control". The dispatchers will notify all Members of
the applicable Cause and Origin Team and the Area Deputy Fire Coordinator
responsible for the area where the incident is located. Team activation will follow the
4
guidelines enumerated in DES Communication Division Policy &Procedure titled
"C&O Team Paging/Notification Policy". When receiving notification, the Zone
Cause and Origin Team members will call "60 Control" to advise the dispatcher of
their availability and gather details concerning the situation. All members will phone
"60 Control" at (914) 231-1905.
In the event that there is insufficient response by members of the local Cause and Origin
Team to a request for assistance within ten (10) minutes, a second request will be
transmitted as per (C) above.
In the event that there is insufficient response by the members of the local Cause and
Origin Team to a request for services within this second ten (10) minutes, the
dispatcher will then contact the respective Area Deputy Fire Coordinator and follow
his instructions. If the Area Deputy Fire Coordinator cannot be contacted, then the
dispatcher will contact the second Area Deputy Fire Coordinator. If both
Coordinators cannot be reached within 10 minutes, the dispatcher will implement the
Communicator TM notification procedure as enumerated in "C&O Team
Paging/Notification Policy". If the respective Zone Team is unavailable, the
dispatcher will then transmit a page-out request for services of another adjacent Cause
and Origin Team in accordance with a pre-established "move-up" protocol as
monitored by "60 Control". Also, if circumstances warrant, the Fire Incident
Commander, who according to state law is in charge of the fire scene, may always
request through "60 Control" the additional services of another team.
Cause and Origin Team members will respond to the investigation following notification
of their superiors. If equipment vans (Zone vehicle) are established to support the
field operations of the Cause and Origin Team in the county, at least one member will
be detailed to the van as a driver. The Team will respond directly to the scene unless
a staging area has been indicated by the I.C., as per B above.
Upon arrival at the scene, the Cause and Origin Team members will meet in order to
designate a Team Leader.
Notification of the District Attorney
The Area Deputy Fire Coordinator will, as soon as possible, notify the Duty Assistant in
the District Attorney's Office through the Westchester County Department of Public
Safety Services at (914) 864-7700 in the following instances: (1) cases involving
casualty loss in excess of$1 million; (2) cases involving death; (3) explosion(s); and
(4) acts of terrorism. In the event that the Area Deputy Fire Coordinator is not on
scene, then the Cause and Origin Team Leader will ensure this notification is made.
Responsibilities of Team Leader
In the absence of the Area Deputy Fire Coordinator, the Cause and Origin Team Leader
will be responsible for directing the investigation/determination of cause and origin of
fires when the team is requested. In directing the investigation, the Cause and Origin
5
Team Leader will ensure the preservation of evidence at the scene for the subsequent
collection by the investigating police agency or laboratory.
The Cause and Origin Team Leader will also be responsible for the coordination and
production of the Cause and Origin Team reports, and the timely submission of these
reports and all addenda, photographs, notes, etc., to the Area Deputy Fire
Coordinator.
The Cause and Origin Team, in consultation with the Area Deputy Fire Coordinator, the
Cause and Origin Team Leader or Fire incident Commander may utilize a New York
State certified K-9 arson/accelerant dog as a resource. The responsibility and the
liability of the dog's actions at a fire investigation scene will be held to the dog
handler and the sponsoring agency.
Investilzations
The Area Deputy Fire Coordinator has the overall responsibility for the coordination of
the fire investigation when on scene. in the Coordinator's absence, the Cause and
Origin Team Leader will assume these responsibilities.
The Area Deputy Fire Coordinator, or the Cause and Origin Team Leader for each
investigation, will delegate responsibilities to the participating Cause and Origin
Team members in order to make the best use of the talents of the team members and
resources. The following shall be required:
An Investigation Summary Report will be completed in all instances.
An Investigation Field Notes Form will be completed for all structural fires.
An Investigation Narrative Report will be completed for all structural fires. This
report, in addition to the Investigation Field Notes Form, will allow the
investigators to explain their findings and conclusions. This form will be filed
within 72 hours of the completion of the incident.
Preservation of a video and/or photographic record of the scene, including a Photo
Log.
Evidence collection and maintenance of records concerning the chain of evidence
custody.
A master log will be kept at the Department of Emergency Services for Fire investigation
incident numbers. When the Cause and Origin Team is activated, the dispatcher will
issue the Area Deputy Fire Coordinator or the Cause and Origin Team Leader an
incident number for the report.
Cause and Origin Team folders will be given to each member with all required
paperwork for an investigation.
Upon completion of the investigation, the Team Leader is responsible to forward all
investigative reports, photographs, addendums, notes, and other relevant reports to the
6
Area Deputy Fire Coordinator. This shall be done within 72 hours of the completion
of the investigation.
The Area Deputy Fire Coordinator is responsible to review all reports for completeness
and accuracy and effect any corrections necessary with the Team Leader and
Investigators that responded to the call. These reports will then be placed into a case
folder for retention in the designated filing location at the Department of Emergency
Services.
All reports and materials generated during the course of the investigation are done so on
behalf of the Department of Emergency Services and will be retained in the normal
course of business as required.
Reports
Forms for Report Writing
Each investigation folder will contain the following reports:
Westchester County Arson Task Force—Investigation Summary Report (1
page, 5 carbon copies)
Westchester County Arson Task Force—Investigation Narrative Report (I
to multiple pages, as needed, depending on incident)
Westchester County Arson Task Force—Investigation Field Notes Form
(6 pages)
Westchester County Arson Task Force—Interview Sheet (1 page)
Westchester County Arson Task Force—Fire Scene Sketch (1 page)
Westchester County Arson Task Force—Vehicle Sheet (Short Form) (1
page)
Westchester County Arson Task Force—Vehicle Sheet (Detail) (3 pages)
Westchester County Arson Task Force—Photo Log Sheet (1 page)
Westchester County Arson Task Force—Evidence Sheet (1 page)
Westchester County Arson Task Force—Body Sketch Sheet (1 page)
Westchester County Arson Task Force—Consent to Search Form (1 page)
7
Report Filing
Non-Incendiary Fires
The Investigation Summary Report is to be filed in all incident investigations,
even when the cause and origin of the fire is determined to be non-incendiary.
The distribution of the Investigation Summary Report will be as follows:
The original (white sheet) will be submitted by the Team Leader to the
F.D. Incident Commander.
The Team Leader will give the blue sheet to the Local Police Agency.
The Team Leader will forward the remaining sheets (yellow, green, pink
and gold) to the Area Deputy Fire Coordinator for dissemination, as
noted below.
The yellow sheet of the report is retained in a binder at the
Department of Emergency Services.
The green sheet of the report will be retained in the case folder at
the Department of Emergency Services.
The pink sheet of the report will be forwarded to the Office of the
District Attorney, Attention: Arson Coordinator, Richard J.
Daronco Courthouse, 111 Dr. Martin Luther King Jr. Blvd.,
White Plains, NY 10601.
The gold sheet of the report will be retained by the Area Deputy
Fire Coordinator (C&O) who covers that Zone, in which the
incident occurred.
8
The Investigation Field Notes Form will be filed for all structural fires. This form
will be forwarded to the Area Deputy Fire Coordinator for inclusion in the
case folder.
The Investigation Narrative Report will be filed for all structural fires. This will
assist to note the circumstances of the incident that may require additional
explanation of actions and facts found during the scene exam that lead the
investigation team to its final conclusion.
In all instances the appropriate additional reports and forms utilized by the Team
will be completed when necessary.
All reports and forms generated during the course of the investigation will be
forwarded to the Area Deputy Fire Coordinator for inclusion in the case
folder. Copies of any reports or forms will only be disseminated by WCDES
staff pursuant to their protocols, and with the approval of the Area Deputy
Fire Coordinator.
Incendiary Fires
The Investigation Summary Report, the Investigation Field Notes Form, and the
Investigation Narrative Report, along with the all other appropriate reports
and forms used by the Team, will be submitted in all cases where there is a
determination that the cause and origin of the fire is incendiary.
The distribution of the Investigation Summary Report will be the same as in IX,
A, 1, above.
All reports and forms generated during the course of the investigation will be
forwarded to the Area Deputy Fire Coordinator for inclusion in the case
folder.
Because the fire has been determined to be incendiary in nature, a crime of
suspected arson has allegedly been committed and the information in all
reports and addenda is confidential and now part of a criminal investigation.
A single copy of all generated reports, photographs, etc., will be forwarded by the
Area Deputy Fire Coordinator, or his designee, to both the Local Police
Agency and the Westchester County District Attorney's Office. The FD
Incident Commander will only receive the original (white sheet) of the
Investigation Summary Report for the department's records. No other copies
are to be disseminated without the consent of the Area Deputy Fire
Coordinator and the District Attorney's Office.
Should the FD Incident Commander want to review the other reports generated in
the investigation, they will need to contact the Area Deputy Fire Coordinator
to arrange a time to do so.
9
Cause and Origin Zone Listing
Fire Dept. # F.D. Name Zone# Police Dept.
229 Mount Vernon 1 Mount Vernon
230 New Rochelle 1 New Rochelle
251 White Plains 1 White Plains
252 Yonkers 1 Yonkers
210 Eastchester 2 Eastchester,Bronxville,Tuckahoe
216 Harrison 2 Harrison
222 Larchmont 2 Larchmont
223 Mamaroneck Twn 2 Mamaroneck Town
224 Mamaroneck Vill 2 Mamaroneck Village
239 Port Chester 2 Port Chester,Rye Brook
241 Purchase 2 Harrison
235 Pelham 2 Pelham
236 Pelham Manor 2 Pelham Manor
242 Rye 2 Rye City
250 West Harrison 2 Harrison
266 Rye Brook 2 Rye Brook
263 Archville 3 Mount Pleasant
201 Ardsley 3 Ardsley
205 Briarcliff 3 Briarcliff,Mt. Pleasant,Ossining Town
New Castle
209 Dobbs Ferry 3 Dobbs Ferry
211 Elmsford 3 Elmsford,Greenburgh
212 Fairview 3 Greenburgh
215 Greenville 3 Greenburgh
217 Hartsdale 3 Greenburgh
218 Hastings 3 Greenburgh
10
Fire Dept. # F.D. Name Zone# Police Dept.
219 Hawthorne 3 Mount Pleasant
220 Irvington 3 Irvington,Greenburgh
231 Sleepy Hollow 3 Sleepy Hollow,Mount Pleasant
233 Ossining 3 Ossining Village,Ossining Town
237 Pleasantville 3 Pleasantville,Mount Pleasant
238 Pocantico Hills 3 Mount Pleasant
243 Scarsdale 3 Scarsdale
246 Tarrytown 3 Tarrytown,Greenburgh
247 Thornwood 3 Mount Pleasant
248 Valhalla 3 Mount Pleasant
255 Buchanan 4 Buchanan
213 Continental Vill 4 Cortlandt NYSP,Peekskill
208 Croton 4 Croton,Cortlandt NYSP
226 Mohegan 4 Cortlandt NYSP,Peekskill,Yorktown
227 Montrose 4 Cortlandt NYSP,Peekskill
234 Peekskill 4 Peekskill
244 Somers 4 Somers NYSP
249 Verplanck 4 Cortlandt NYSP,Peekskill
253 Yorktown 4 Yorktown
202 Armonk 5 North Castle
258 Banksville 5 North Castle
203 Bedford Hills 5 Bedford
204 Bedford Village 5 Bedford
206 Chappaqua 5 New Castle,Mt.Pleasant
207 Croton Falls 5 Somers NYSP
214 Goldens Bridge 5 Somers NYSP
221 Katonah 5 Bedford
225 Millwood 5 Ossining Town,New Castle
11
Fire Dept. # F.D. Name Zone# Police Dept.
228 Mount Kisco 5 Mount Kisco,New Castle,Bedford
232 North White Plains 5 North Castle
240 Pound Ridge 5 Somers NYSP
245 South Salem 5 Somers NYSP
256 Vista 5 Somers NYSP
12
Westchester County Cause & Origin Zone May
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FOR LAW ENFORCEMENT USE ONLY- NOT FOR PUBLIC DISSEMINATION
13
CODE OF ETHICS
I will, as an arson investigator, regard myself as a member of an important and honorable profession.
I will conduct both my personal and official life so as to inspire the confidence of the public.
I will regard my fellow investigators with the same standards as I hold for myself: I will never betray a
confidence nor otherwise jeopardize their investigation.
I will regard it my duty to know my work thoroughly. It is my further duty to avail myself of every
opportunity to learn more about my profession.
I will avoid alliances with those whose goals are inconsistent with an honest and unbiased investigation. I
will make no claim to professional qualifications, which I do not possess.
I will share all publicity equally with my fellow investigators, whether such publicity is favorable or
unfavorable.
I will be loyal to my superiors, to my subordinates and to the organization I represent.
I will bear in mind always that I am a truth-seeker, not a case-maker; that it is more important to protect
the innocent than to convict the guilty.
14
Westchester County Arson Zone Plan, Police/Fire Directors
Zone #I
Police Zone Director: Mount Vernon—Chief Barbara Duncan
Fire Zone Director: Yonkers
Zone #2
Police Zone Director: Port Chester—Chief Joseph Krzeminski
Fire Zone Director:
Zone #3
Police Zone Director: Mount Pleasant—Chief Lou Alagno
Fire Zone Director: Fairview—Chief Robert Mauro
Zone #4
Police Zone Director: Peekskill—Chief Eugene Tumolo
Fire Zone Director: Buchanan—Robert Outhouse,Ex-Chief
Zone #5
Police Zone Director: Mount Kisco—Chief Steven Anderson
Fire Zone Director: Chappaqua—Frank Nestro,Ex-Chief
15
Westchester County Arson Zone Plan—Adiunct Investigator Guidelines
This is a probationary position.
All your actions are subject to evaluation.
The position is for learning only.
You are to work under the supervision and direction of the on scene investigators.
Unless directed by the scene Team Leader you are not to enter a crime scene for any
reason.
You are required to meet the same response standards set for Fire Investigators.
The Area Deputy Fire Coordinator may recommend the termination of your position as
an adjunct investigator.
You will work within the guidelines set in the WESTCHESTER COUNTYARSON ZONE
PLAN- FIRE INVESTIGATION PROTOCOLS.
T have read the above and both understand and agree to abide by these guidelines.
Adjunct Name:
Adjunct Signature: Date:
Adjunct's Department(s):
Area Deputy Coordinator Signature:
16
Westchester County Cause and Orrin Team—Member Data Sheet
Name: Zone#
Social Security#:
Police/Fire Dept.
Work Address:
Zip:
Work Phone#:
Home Address:
Zip:
Home Phone#:
E-mail address
Cell Phone#:
Pager#:
Attached is proof of the referenced applicant's completion of the following programs:
Fire Behavior/Arson Awareness
Principals in Fire Investigation
80-Hour Fire/Arson Investigation
Date Information Obtained:
Area Deputy Fire Coordinator:
17
Westchester County Cause and Orrin Team
Appointment Form—Zone#1
To: Westchester County Arson Task Force
Executive Committee
CIO Department of Emergency Services
4 Dana Road
Valhalla,New York 10595
From: Police Zone Director—Zone#1:
(Signature)
AND
Fire Zone Director—Zone#1:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#1. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire investigation Protocols and proof of such(copies of
training certificates) is attached. A completed Data Sheet inust be attached to this forin for each Cause and Origin
Team Member subinitted for consideration by the Westchester County Arson Task Force Executive Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#1,the total number of team
members shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Team in Zone#1.
C. The new configuration of the Cause and Origin Teatn in Zone#1 is as follows:
1511 1514
1512 1515
1513 1516
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
18
Westchester County Cause and Orrin Team
Appointment Form—Zone#2
To: Westchester County Arson Task Force
Executive Committee
CIO Department of Emergency Services
4 Dana Road
Valhalla,New York 10595
From: Police Zone Director—Zone#2:
(Signature)
AND
Fire Zone Director—Zone#2:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#2. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire investigation Protocols and proof of such(copies of
training certificates) is attached. A completed Data Sheet inust be attached to this forin for each Cause and Origin
Team Member subinitted for consideration by the Westchester County Arson Task Force Executive Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#2,the total number of team members
shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Tearn in Zone#2.
C. The new configuration of the Cause and Origin Teatn in Zone#2 is as follows:
1521 1524
1522 1525
1523 1526
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
Westchester County Cause and Origin Team
Appointment Form— Zone 43
19
To: Westchester County Arson Task Force
Executive Committee
CIO Department of Emergency Services
4 Dana Road
Valhalla,New York 10595
From: Police Zone Director—Zone#3:
(Signature)
AND
Fire Zone Director—Zone#3:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#3. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire Investigation Protocols and proof of such(copies of
training certificates) is attached. A completed Data Sheet must be attached to this form for each Cause and Origin
Team Member submitted for consideration by the Westchester County Arson Task Force Executive Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#3,the total number of team members
shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Team in Zone#3.
C. The new configuration of the Cause and Origin Team in Zone#3 is as follows:
1531 1534
1532 1535
1533 1536
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
20
Westchester County Cause and Orrin Team
Appointment Form—Zone#4
To: Westchester County Arson Task Force
Executive Committee
CIO Department of Emergency Services
4 Dana Road
Valhalla,New York 10595
From: Police Zone Director—Zone#4:
(Signature)
AND
Fire Zone Director—Zone#4:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#4. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire investigation Protocols and proof of such(copies of
training certificates) is attached. A completed Data Sheet inust be attached to this forin for each Cause and Origin
Team Member subinitted for consideration by the Westchester County Arson Task Force Executive Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#4,the total number of team members
shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Tearn in Zone#4.
C. The new configuration of the Cause and Origin Teatn in Zone#4 is as follows:
1441 1444
1442 1445
1443 1446
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
21
Westchester County Cause and Orrin Team
Appointment Form—Zone#5
To: Westchester County Arson Task Force
Executive Committee
CIO Department of Emergency Services
4 Dana Road
Valhalla,New York 10595
From: Police Zone Director—Zone#5:
(Signature)
AND
Fire Zone Director—Zone#5:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#5. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire investigation Protocols and proof of such(copies of
training certificates) is attached. A completed Data Sheet inust be attached to this forin for each Cause and Origin
Team Member subinitted for consideration by the Westchester County Arson Task Force Executive Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#5,the total number of team members
shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Tearn in Zone#5.
C. The new configuration of the Cause and Origin Teatn in Zone#5 is as follows:
1451 1454
1452 1455
1453 1456
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
22
Addenda
• Westchester County Arson Task Force—Investigation Summary Report(1 page,5 carbon copies).
• Westchester County Arson Task Force—Investigation Field Notes Form(6 pages)
• Westchester County Arson Task Force— Investigation Narrative Report(I page to multiple pages, as needed,
depending upon the incident)
• Westchester County Arson Task Force—Interview Sheet(1 page)
• Westchester County Arson Task Force—Fire Scene Sketch(I page)
• Westchester County Arson Task Force—Vehicle Sheet(Short Form) (1 page)
• Westchester County Arson Task Force—Vehicle Sheet(Detail)(3 pages)
• Westchester County Arson Task Force—Photo Log Sheet(1 Page)
• Westchester County Arson Task Force—Evidence Sheet(1 page)
• Westchester County Arson Task Force—Body Sketch Sheet(1 page)
• Westchester County Arson Task Force—Consent to Search Sheet(1 page)
23
AGREEMENT made this day of 1 v t , 2010 by and
between:
THE COUNTY OF WESTCHESTER, a municipal corporation of the
State of New York, having an office and place of business in the
Michaelian Office Building, 148 Martine Avenue, White Plains, New
York, 10601
(hereinafter referred to as the "County")
and
THE VILLAGE OF RYE BROOK, a municipal corporation of the State
of New York having an office and place of business at 938 King Street,
Rye Brook, New York, 10573
(hereinafter referred to as a "City, Town or Village," as applicable)
WHEREAS, the purpose of the Mutual Aid and Rapid Response Pian for the
Police Departments of Westchester County, New York (the "Plan") is to formalize
operational procedures for Law enforcement assistance to participating agencies;
and
WHEREAS, the Signatory Municipalities have executed the Plan by which
each member agrees to make available its police personnel and equipment to the
others upon the occurrence of a condition which is beyond the scope of its police
resources; and
WHEREAS, due to prevailing world, national and local security situations,
the ever increasing flow of intelligence, and actual threats directed against once
benign sites and facilities, the parties desire that the Plan be flexible and subject to
review and revision as necessary in a timely manner; and
WHEREAS, the Signatory Municipalities desire, inter alia, to ratify the
Agreement described herein and agree on the procedures for timely review and
revision of the Plan; and
WHEREAS, said Plan is governed by and liabilities and costs are
apportioned pursuant to the provisions of New York State General Municipal Law
("General Municipal Law") Section 209-m which provides, inter alis, that absent
agreement to the contrary, the municipality receiving police aid (the "Requesting
Municipality") shall reimburse the municipality providing such aid (the "Assisting
Municipality") for any money paid by it for police salaries and other expenses
incurred by it including damage to, or loss of, equipment and supplies.
NOW, THEREFORE, in consideration of the terms and conditions herein
contained, the parties agree as follows:
FIRST: Definitions
(1) Chief Executive Officer: The officer within a Signatory Municipality who
is authorized pursuant to General Municipal Law Section 209-m to request or grant
a request for police assistance from another Signatory Municipality.
(2) Department Head: Any police chief, Commissioner or other official in
command or acting command of the police department or police force of a
Signatory Municipality.
(3) Requesting Municipality: Any Signatory Municipality requesting the
assistance of the police force of another Signatory Municipality pursuant to the
terms of this Agreement.
(4) Assisting Municipality: Any Signatory Municipality providing assistance
to a Requesting Municipality pursuant to the terms of this Agreement.
(5) Emergency: Shall have its common dictionary definition.
(6) Signatory Municipality: All municipalities that have signed this
Agreement, including the County.
SECOND: The Mutual Aid and Rapid Response Plan for the Police
Departments of Westchester County, New York and the Westchester County Arson
Zone Plan (collectively the "Plan"), are annexed hereto and incorporated herein as
Schedule "A". The Parties further agree to the Plan, as same may be amended
from time to time in accordance with the review and revision procedures set forth in
said Plan.
THIRD: This Agreement shall commence on July 31, 2010 (the
"Commencement Date") and terminate on July 30, 2015, unless terminated sooner
in accordance with the provisions hereof. Any prior agreement signed by a party
for this purpose shall be deemed terminated upon the commencement of this
Agreement.
FOURTH: The Signatory Municipalities hereby agree to render appropriate
police services to any Requesting Municipality whenever the Chief Executive
Officer of that municipality deems the general public interest requires it. All such
requests for assistance shall be made by the Chief Executive Officer or
Department Head of the Requesting Municipality and granted by the Chief
Executive Officer or Department Head of each Assisting Municipality as set forth in
the Plan.
FIFTH: The cost of police services provided pursuant to this Agreement
shall be paid by the Requesting Municipality subject to the following exceptions:
(a) The police services provided by the County shall be without cost to the
Requesting Municipality.
(b) The police services provided by each Assisting Municipality shall be
reimbursed as provided in Section 209-m of the General Municipal Law, as same
may be amended, except as provided above in Paragraph (a).
(c) The Requesting Municipality shall reimburse the County and each
Assisting Municipality for all liability for damages arising out of acts performed by
the Assisting Municipality in rendering aid. In addition, the Requesting Municipality
shall provide defense for and defend, at its sole expense, any and all claims,
demands or causes of action directly or indirectly resulting from the rendering of aid
by the County and each Assisting Municipality. Notwithstanding the foregoing, the
Requesting Municipality shall not be liable for any damages resulting from any
intentional wrongs or reckless conduct by the police force of the Assisting
Municipality.
(d) The requesting Municipality shall reimburse the County and each
Assisting Municipality for all expenses incurred pursuant to the provisions of
Section 207-c of the General Municipal Law, as same may be amended, and for
any award of compensation made pursuant to the Workers' Compensation Law for
salaries and expenses paid to officers of the County and each Assisting
Municipality who are injured while rendering assistance to the Requesting
Municipality pursuant to the Agreement.
SIXTH: Any party to this agreement may withdraw at any time, upon thirty
(30) days written notice to each of the other parties, and thereafter such
withdrawing party shall no longer be a party to this Agreement; but this Agreement
shall continue to exist among the remaining parties.
SEVENTH: (a) The Westchester County Chiefs of Police Association
("WCCOPA") shall be responsible for the administration and future amendments or
revision of the Plan. Administration shall entail, but not be limited to, the
development of an organized effort, identification of county-wide special
equipment, and interface with auxiliary services and agencies for the development
of protocols and assumed responsibilities.
{b} A sub-committee of the WCCOPA will review the Plan at least once a
year and formulate recommendations for amendments or revisions as necessary.
EiGHTH: The rights and obligations set forth in this Agreement shall be
binding upon and shall inure to the benefit of each municipality which has executed
this Agreement with the County.
NINTH: As to any signatory municipality, this Agreement shall not be
enforceable until signed by both parties and all applicable legal approvals have
been obtained.
TENTH: If any term or provision of this Agreement is held by a court of
competent jurisdiction to be invalid or void or unenforceable, the remainder of the
terms and provisions of this Agreement shall in no way be affected, impaired, or
invalidated, and to the extent permitted by applicable law, any such term, or
provision shall be restricted in applicability or reformed to the minimum extent
required for such to be enforceable. This provision shall be interpreted and
enforced to give effect to the original written intent of the parties prior to the
determination of such invalidity or unenforceability.
ELEVENTH: In addition to the aforementioned General Municipal Law
Section 209-m, this Agreement shall be subject to any applicable laws, rules and
regulations.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first above written.
THE COUNTY OF WESTCHESTER
By
ObA N. La worth
C"sloner- Sheriff
THE VILLAGE OF RYE BROOK
By Q�tZj��4- '
Na
Titl '�1A�lo�
Approved by the Westchester County Board of Legislators on the 6th day of June, 2005.
Approved by the Board of Acquisition and Contract of the County of Westchester on the
251h day of February, 2010.
Approved as to form and
manAV_
ner of execu n:
/
Sr. Assistant County Attorney
County of Westchester
S/Altschil/DPSNutual Aid/Police ITMA 2010.doc
MUNICIPALITY'S ACKNOWLEDGEMENT
STATE OF NEW YORK )
) ss..
COUNTY OF WESTCHESTER)
On this day of ` °,� , 20 10, before me personally came (�'�
l vi
to me known, and known to me to be the of
the municipal corporation
described in an which executed the within instrument, who being by me duly sworn did depose
and say that
�he/she, the said �
resides at 0�. _ V t and that he/she is the of
said municipal corporation.
DAVID F.BURKE
Notary Public,State of Now York
No.01 BU 5
Qualified in Westchester County
Commission Expires January 29,20-.Lf—
Notary Public County
Y
CERTIFICATE OF AUTHORITY
(Municipality)
KJL'A ,certify that I am the
(Officer of er hen office signing contra )
of the
(Title) (Name of micip ity)
(the "Muni'cipality")a corporation duly organ' ed in good standing under the
f�
(Law under which organized, e.g., th New York Village aw, T wn Law, General Municipal Law)
named in the foregoing agreement that 101A V, Q� \�'1 who signed said
Person executing agreement)
i
agreement on behalf of the Municipality was, at the time of executionof
(Title of such per �on),
the Municipality, that said agreement was duly, signed for on behalf of said Municipality by
authority of its \MWthereunto duly authorized,
(Town Board, Villat Board, City Council)
and that such authority is in full force and effect at the date hereof.
(Si nature) jV
STATE OF NEW YORK )
ss.:
COUNTY OF WESTCHESTER)
On thisday of � ,2010, before me personally came
whose signature appears above to e know, and know to be the
of {
(Title)
the municipal corporation described in and which execute above eertQficate, who being by
me duly sworn did depos and say hat , the s
resides at `�: w ,and that
he/she is the of said municipal corporation.
(title)
otary Public County
DAVID F.BURKE
Notary Public, State of New York
No.01 BU6i 60176
r^","
Qualified in Westchester County
' 10n Exnires January 29,20
SCHEDULE "A"
SEE ATTACHED
THE MUTUAL AID AND RAPID RESPONSE PLAN
FOR THE POLICE DEPARTMENTS OF
WESTCHESTER COUNTY, NEW YORK
PURPOSE
To establish procedures for the Police Departments of Westchester County to provide the
uninterrupted delivery of police service during those situations that exceed the resources of
any individual Department.
BACKGROUND
It is the responsibility of the police to be prepared and guided when dealing with major
incidents whether they are criminal in nature or natural disasters. Rapid response and sound
planning can often prevent loss of life, damage to property and prevent an incident from
escalating.
POLICY
It is the policy of the Police Departments of Westchester County to promptly provide Mutual
Aid and Rapid Response in the form of manpower and equipment under the County Mutual
Aid and Rapid Response Plan, (hereinafter referred to as the "Plan")upon the request of any
participating agency.
DEFINITIONS
1. Mutual Aid and Rapid Response Incident: An incident requiring activation of the
Mutual Aid and Rapid Response is defined as a major incident or occurrence which
necessitates a Police Department, within Westchester County, to summons immediate
wide scale assistance.
2. Maior Incidents: Means any event, generally of an emergency nature, that involves
actual or potential personal injury or property damage arising from a natural disaster,
manmade disaster, civil disturbance or terrorist action.
3. Natural Disaster: Means those incidents in which the forces of nature threaten the lives,
safety or property of numerous persons; i.e., floods, hurricanes, earthquakes,
explosions,tornadoes, landslides, drought, infestation or significant snowfall/blizzard.
4. Manmade Disaster: Means incidents in which the forces of man threaten the lives,
safety or property of numerous persons; i.e., nuclear/radiological accidents, chemical
spills, major railroad accidents or aircraft crashes.
S. Civil Disturbance: Means an action by any group that poses a substantial threat to
peace, life or property or any tumultuous or violent activity that creates a
grave risk of causing public alarm.
1
6. Terrorist Action: Is defined as a politically motivated, hostile action taken by a person
or group whose intent is the commission of violent acts designed to instill fear,
communicate a message and/or demand some governmental action.
7. Requesting AgencX: A Police Department located within the geographical confines of
the County of Westchester that is requesting Mutual Aid from other police agencies,
which are signatories to the Mutual Aid and Rapid Response Plan for the Police
Departments of Westchester County,New York.
8. Responding AgencX: A Police Department located within the geographical confines of
the County of Westchester that is responding to a request for Mutual Aid from other
police agencies, which are signatories to the Mutual Aid and Rapid Response Plan for
the Police Departments of Westchester County,New York.
. 9. Zone Coordinator: Each Zone of response will designate a Zone Coordinator, who
shall be responsible for coordinated Zone response; e.g., response to locations outside
of Westchester County as well as coordination of mock activations of the PIan.
10. Incident Command System: The accepted system to be utilized to coordinate multi-
agency responses to incidents.
11. Incident Commander: Is defined as the highest ranking member of the requesting
Department at the scene, or his/her designee.
12. Inner Perimeter: Is defined as the immediate area of containment around an incident
site.
13. Outer Perimeter: Is defined as the peripheral control area surrounding the inner
perimeter, providing a safe zone for access to or egress from the inter perimeter as well
as defining the limit of access by unauthorized persons.
14. Staging Area: Is defined as a location selected generally within the outer perimeter to
facilitate arriving resources and personnel responding for assignments.
15. Command Post: Is defined as the post from which the Incident Commander and his
staff coordinate the Department's response to a major emergency.
LEGAL CONSIDERATIONS
16. General Municipal,Law X209-M. Outside service by local police; civil disturbance
control.
A. (Subdivision 2). Notwithstanding the provisions of any general, special or local
law, or any county, city or village charter, the Chief Executive Officer of a local
government, whenever he deems that the public interest requires it, may request
the Chief Executive Officer of any other local government to detail, assign and
make available for duty and use in the local government for which the request is
made, any part of the forces, equipment and supplies of the Police Department,
police force or parkway police force of the local government of which the request
2
is made. The Chief Executive Officer of the local government of which the
request is made is hereby authorized and empowered to grant the request so made.
B. (Subdivision 3). A local government may, by local law, delegate to the Chief of
Police of its Police Department or police force, the powers hereby granted to the
Chief Executive Officer to request and grant police assistance.
C. (Subdivision 4). If the Chief Executive Officer of any such local government is
absent or disabled, the Chief of Police of the local government may make any
such request or may grant any such request, as the case may be.
D. (Subdivision 5). The local government receiving police aid pursuant to this
Section shall assume the liability for all damages arising out of any act performed
in rendering such aid and shall reimburse the assisting local government of any
monies paid by it for salaries or for other expenses incurred by it including
damage to or loss of equipment and supplies. As assisting local government may
assume such loss, damage expenses or cost for such equipment and supplies and
donate such services to the receiving local government. While engaged in duty
and rendering such services in such local government, the Officers and members
of such Police Department or police force shall have the same powers, duties,
rights, benefits,privileges and immunities as if they were performing their duties
in the local government in and by which they are normally employed.
ZONES OF RESPONSE
17. County-Wide participants shall consist of the following Departments:
Department Rapid Response Delayed Response
A. Metropolitan Transportation
Authority Police.Department; Four (4) Ten (10)
B. New York State Police; Eight (8) Twelve (12)
C. New York City Department
of Environmental Protection; Three (3) Ten (10)
.D. Westchester County Department
of Public Safety. Eight (8) Twenty (20)
TOTALS: Twenty-Three(23) Fifty-Two(52)
18. When a County-Wide participant requests assistance to this Plan,they will become a
member of any Zone in which they have the need for assistance.
A. E.g., assistance for an event at Tibbett's Brook Park, a Cotmty park, the
Westchester County Department of Public Safety will be a member of Zone "B"
for the purpose of requesting aid.
B. For an event at the Croton/Harmon Train Station, the Metropolitan Transportation
Authority Police Department will be a member of Zone "C" for the purpose of
requesting aid.
19. When a County-Wide participant receives a request for assistance under this Plan, they
will become a member of the Zone from which the request for assistance is being made
and will respond accordingly.
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20. Zone "A" (ADAM) shall consist of the following Departments:
Department Rapid Response Delayed Res onse
A. Bronxville (Village); One (1) Three (3)
B. Eastchester(Town); Two (2) Five (5)
C. Harrison(Town); Three (3) Twelve (12)
D. Larchmont(Village); Two (2) Four (4)
F. Mamaroneck(Town); Two (2) Two (2)
F. Mamaroneck (Village); Two (2) Four (4)
G. Mt. Vernon(City); Four (4) Seventeen(17)
H. New Rochelle (City); Six (6) Six (6)
I. Pelham (Village); Two (2) Five (5)
J. Pelham Manor(Village); One (1) Five (5)
K. Port Chester(Village); Two (2) Five (5)
L. Rye (City); Two (2) Four (4)
M. Rye Brook(Village); One (1) Three (3)
N. SUNY Purchase One (1) Three (3)
0. Tuckahoe (Village). One (1) Six (6)
TOTALS: Thirty-two (32) Eighty-four (84)
21. Zone `B" (BAKER)shall consist of the following Departments:
Department Rapid Response Delayed Response
A. Ardsley(Village); One (1) Three (3)
B. Dobbs Ferry(Village); One (1) Four (4)
C. Elmsford(Village); Two (2) Six (6)
D. Greenburgh(Town); Three (3) Twelve (12)
E. Hastings-on-Hudson(Village); One (1) Three (3)
F. Irvington (Village); One (1) Three (3)
G. Scarsdale (Village); Two (2) Six (6)
H. Tarrytown(Village); Two (2) Four (4)
1. White Plains(City). Eight (8) Twenty (20)
J. Yonkers (City); Six (6) Twelve (12)
TOTALS: Twenty-Seven (27) Seventy-Three (73)
22. Zone "C" (CHARLIE) shall consist of the following Departments:
Department Rapid Response Delayed Response
A. Bedford (Town); One (1) Three (3)
B. Briarcliff(Village); One (1) Two (2)
C. Buchanan(Village); Zero (0) One (1)
4
D. Croton-on-Hudson (Village); One (1) One (1)
E. Lewisboro (Town); Zero (0) Zero (0)
F. Mt. Kisco (Village); One (1) Two (2)
G. Mount Pleasant(Town); Two (2) Four (4)
H. New Castle (Town); Two (2) Six (6)
I. North Castle(Town); Two (2) Three (3)
J. North Salem (Town); Zero (0) Zero (0)
K. Ossining(Town); One (1) Three (3)
L. Ossining(Village); Two (2) Eight (8)
M. Peekskill (City); Five (5) Twelve (12)
N. Pleasantville(Village); One (1) Three (3)
0. Pound Ridge (Town); Zero (0) Six (6)
P. Sleepy Hollow(Village); One (1) Four (4)
Q. Somers (Town); Zero (0) Zero (0)
R. Yorktown(Town). One (1) Five (5)
TOTALS: Twenty-One(21) Sixty-Three(63)
LEVELS OF RESPONSE
23. Green Alert: A situation exists of serious proportions and Departments within the
Zone of Alert should prepare to send the minimum pre-arranged manpower (rapid
response)to the identified location of response.
24. Blue Alert: [Approximately fifty (50) members of the service]. Departments within
the Zone of Alert are requested to immediately dispatch, the minimum pre-arranged
manpower(rapid response) for a rapid response to the identified location of response.
25. Yellow Alert: [Approximately seventy seven (77) members of the service]. A
second Zone is being requested to dispatch the minimum pre-arranged manpower(rapid
response) for a rapid response to the identified location of response.
Note: This second Zone of response will be identified by the requesting Department after
considering the geographical location of event vis-a-vis, which zone is best situated to
respond.
26. Orange Alert: [Approximately one hundred four (104) members of the service].
Departments from all Zones are requested to dispatch the minimum pre-arranged
manpower(rapid response) to the identified location.
27. Red Alert: [Approximately two hundred eighty two (282) members of the service].
Departments from all Zones are requested to dispatch the maximum number of pre-
arranged manpower(delayed response)to the identified location.
ACTIVATION OF THE PLAN
28. All requests for assistance under the Plan will be made via the Westchester County Hot
Line System, (Hot Line).
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29. The following are example announcements to be followed when activating the Plan via
the Hot Line.
A. Code Green[Prepare Only]:
Station (number), (town, city, village) announcing a
Green Alert within the confines of this jurisdiction and Departments in Zone
should prepare to dispatch immediately upon request the pre-arranged
manpower to this jurisdiction.
B. Code Blue[Rapid Response, One Zone Only]:
Station (number), I(town, city, village) to all stations
on the Hot Line,announcing a Blue Alert within this jurisdiction. Specifically,
there is a (nature of incident)and we are requesting rapid response
from Zone
The scene is located at (street/avenue) and the
location of response has been designated as
(street/avenue). At this time, (Chief, Captain,
Lieutenant)is in command of the incident and the Command Post has been
established as (building/street/avenue).
C. Code Yellow[Rapid Response, Two Zones Only]:
Station (number), (town, city, village) to all stations
on the Hot Line, announcing a Yellow Alert within this jurisdiction.
Specifically, there is a (nature of incident) and we are requesting
rapid response from Zones and
The scene is located at (street/avenue) and the
location of response has been designated as
(street/avenue). At this time, (Chief, Captain,
Lieutenant)is in command of the incident and the Command Post has been
established as (building/street/avenue).
D. Code Orange[Rapid Response,All Zones].-
Station
ones]:Station (number), (town, city, village)to all stations
on the Hot Line, announcing an Orange Alert within this jurisdiction.
Specifically, there is a (nature of incident) and we are requesting
rapid response from all Zones.
The scene is located at (street/avenue) and the
location of response has been designated as
(street/avenue). At this time, I (Chief, Captain,
Lieutenant)is in command of the incident and the Command Post has been
established as (building/street/avenue).
E. Code Red[Rapid Response,All Zones]:
Station (number), (town, city, village)to all stations
on the Hot Line, announcing a Red Alert within this jurisdiction. Specifically,
there is a (nature of incident) and we are requesting all available
uniform personnel amounting to a delayed response from all Zones.
The scene is located at (street/avenue) and the
location of response has been designated as
(street/avenue). At this time, (Chief, Captain,
Lieutenant)is in command of the incident and the Command Post has been
established as (building/street/avenue).
Note: The requesting Agency shall also identify any and all specialized equipment with which
responding members should be equipped.
DUTIES OF REQUESTING AGENCY
30. Identify the nattn•e and location of the incident.
6
31. Identify the location of the Command Post.
32. Identify the Staging Area or location of response,
33. Identify the Incident Commander or any change in command.
34. Commence internal Departmental mobilization.
35. Memorialize the name,rank and command of responding members of the service.
DUTIES OF RESPONDING AGENCY
36. Authorize only the designated pre-arranged UNIFORMED members of the service
specific to the level of alert to respond.
37. Proceed directly to the location of requested response or the Staging Area as directed.
RESPONSIBILITIES AT THE SCENE OF THE INCIDENT
38. The Incident Commander designated by the requesting agency shall be in charge at the
scene of the incident.
39. Uniformed members of the service detailed to the incident shall follow the direction of
the Incident Commander.
40. However, where the provided assistance involves the loan of a Specialized Weapons
and Tacticals (SWAT), hostage negotiation, bomb disposal or canine unit, the
Commander of that specialized unit shall be responsible for implementation of the
specific mission, as determined by the Incident Commander of the requesting agency.
41. When taking law enforcement actions at the scene of the incident, including use of
force, Uniformed members of the service from the responding agency shall at all times
adhere to their agency policies and procedures and utilize only those weapons and
tactics that they have been trained and deemed qualified to use.
42. Uniformed members of the service on loan from the responding agency at an
emergency site shall regularly apprise the Command Post concerning the continued
status of the emergency, line-of-duty injuries, or their need for relief.
RELEASE OF PERSONNEL
43. The Incident Commander or his/her designee shall authorize release of personnel from
all responding agencies.
POST OCCURRENCE RE,PORTINGS
44. Within thirty (30) days of any activation of the Plan, the Chief Executive Officer of the
Requesting Agency shall prepare or cause to be prepared, a memorandum including a
summary of the facts and circumstances surrounding the Incident, comments related to
the effectiveness of the Plan and recommendations for modification of the Plan and
submit same for the review of the Executive Board of the Westchester County Chiefs of
Police Association.
45. Within thirty (30) days of receipt of the aforementioned memorandum, the Executive
Board of the Westchester County Chiefs of Police Association will make a
determination if modification to the Plan is necessary.
ANNUAL DRILLING
46. In order to maintain an appropriate level of readiness, annual training will be
conducted.
ANNUAL REVIEW AND RE,VISION
47. A sub-committee of the Westchester County Chiefs of Police Association will review
the Plan at least once a year and formulate recommendations for revisions as the need
arises.
Updated October 21,2009
8
WESTCHESTER COUNTY
ARSON ZONE PLAN
FIRE INVESTIGATION PROTOCOLS
Revised; April 2010
Introduction
Westchester County,through the Arson Task Force, is restructuring and updating the
Arson Zone Plan. The original Arson Zone Plan,begun in 1981, has worked very
well in some areas of the county. This program has countywide application and
serves as a comprehensive system for the investigation of all suspicious fires in
Westchester County. The implementation of standardized call-out procedures and
report writing is necessary.
The primary goal of the revised Arson Zone Plan remains the same as originally written
some twenty-nine years ago—to provide local Fire and Police Chiefs, upon request,
trained experts to assist in the determination of the cause and origin of suspicious
fres. Additional goals are to bring together, into teams,police and fire professionals
who are trained in fire investigation in order to realize the benefits of skills in cause
and origin matters, as well as to assist in the subsequent criminal investigations.
The primary objectives of the Arson Zone Protocols are:
Establish a quality service to assist chiefs in the determination of cause and origin
of suspicious fires throughout the county.
Establish requirements of police and fire professionals engaged as Cause and
Origin Team members.
Establish call-out procedures and dispatches for Cause and Origin Teams.
Establish forms and report writing procedures for Cause and Origin Teams.
Team Structure
The Arson Zone Plan will be 5 Zones (see attached list). This will enhance the
determination of Cause and Origin of suspicious fres and assist in the successful
arrest and prosecution of arson cases in Westchester County.
The Cause and Origin Teams, one in each zone, will consist of at least four (4) fire
investigators and no more than six(6)fire investigators appointed by the Executive
Board of the Arson Task Force. The Executive Board may also appoint no more than
two (2)adjunct members to each Zone Team.
Administration
Area Deputy Fire Coordinators:
Two (2)Area Deputy Fire Coordinators will be responsible for the administration
of Fire Investigation services in the Northern and Southern sections of the county.
These Area.Deputy Fire Coordinators will be responsible for the provision and the
coordination of Fire Investigation services on scene,securing and coordinating
additional or special resources to assist in the work of the Cause and Origin
Teams, interagency relationships, education programs to the emergency services
and other rou s, coordination among the teams recruitment of team members
and other functions as assigned by the Fire Coordinator and Executive_Board of
the Arson Task Force to support the efforts of this program.
-am.
2
Zone Directors:
The Police and Fire aizencies will nominate Arson Zone Directors,who will be
appointed with the approval of the Executive Board of the Arson Task Force.
There will be two directors for each regional Zone,one from a law enforcement
agency and one from a fire agency.
Cause and Origin Team Members
Qualifications
All Cause and Origin Team Members (Fire Investigators) shall hold certification
for the Fire Behavior/Arson Awareness, Principles of Fire Investigation, and
the 80-hour Fire-Arson Investigation Course. Each of these programs are
prepared and presented through instructors qualified by the New York State
Office of Fire Prevention and Control. If New York State certifications are
not held,the individual will satisfactorily document and demonstrate
competence to the Area Deputy Fire Coordinators in accordance with the
standards reflected in the National Fire Protection Association(NFPA) 921
Guidelines.
All Cause and Origin Team Members (Adjunct Fire Investigators)shall hold
certification for the Fire Behavior/Arson Awareness and Principles of Fire
Investigation courses. The Adjunct Investigator will abide by the guidelines
as set forth in these protocols. In addition,Adjunct Investigators will be
required to complete the 80-hour Fire-Arson Investigation Course within 18
months of their conditional appointment as a Fire Investigator when filling a
vacancy to the Zone Team. If New York State certifications are not held, the
individual will satisfactorily document and demonstrate competence to the
Area Deputy Fire Coordinators in accordance with the standards reflected in
the National Fire Protection Association(NFPA) 921 Guidelines.
All Cause and Origin Team members must attend at least one Fire Investigation Seminar
annually. This may be on a local, state or national level.
Additional course work should include, and not be limited to: Fire/Arson Investigation
Seminar, Fire Investigative Photography, Interviewing Techniques for the Fire
Investigator,Fire Scene Evidence Collection, Electrical Fire Cause Determination I,
Electrical Fire Cause Determination II, and Juvenile Firesetter Intervention Program
Seminar. Each of these programs are prepared and presented through instructors
qualified by the New York State Office of Fire Prevention and Control.
All Cause and Origin Team members will attend quarterly team meetings with the Area
Deputy Fire Coordinator and Arson Zone Directors.
All candidates for Cause and Origin Team membership will be required to submit to the
Westchester County Arson Task Force Executive Board a recommendation from the
Chief Officer of his/her law enforcement or fire agency for appointment to the Cause
and Origin Team (see attached form). All candidates must be active members of
3
police or fire departments who have been recommended for participation in this
program by the chief of their department.
Members of the Cause and Origin Teams will adhere to the Code of.Ethics which is
appended to this document. Members whose actions deviate from this Code of Ethics
or who do not follow the performance and participation standards will be subject to
removal as a team member. Concerns about a member's actions will be brought to
the Area Deputy Fire Coordinator who will, in turn,discuss the issue with the Fire
Coordinator. If it is felt that further action is warranted,the matter will be discussed
with and referred to the Executive Board of the Arson Task Force for further action.
Requirements
Be at least 21 years of age,a career or volunteer firefighter and/or police officer
and physically capable of performing the tasks and responsibilities associated
with the Cause and Origin Teams.
Have a working knowledge of current Fire Service practices,tools and
procedures, and have a basic understanding of the New York State Fire
Reporting System.
Must have a valid New York State driver's license and have transportation in
order to fulfill the responsibilities as a Cause and Origin Team member.
Must submit proof to the Arson Task Force Executive Board that a criminal
background check by the New York State Division of Criminal Justice
Services was conducted through the Westchester County Department of
Public Safety.
Notification and Response of Cause& Origin Team Members
All requests for services by a Cause and Origin Team from fire services and/or law
enforcement agencies will be requested through the Westchester County Department
of Emergency Services (60 Control). This does not dispense or eliminate a
responding investigator's obligation to notify their department that they have been
requested by"60 Control"to respond as a member of the Cause and Origin Team.
The "60 Control"dispatcher will identify the location of the incident, and ascertain from
the Incident Commander, or their designee, if the C&O Team is to respond directly to
the scene or if the Team should respond to a nearby staging area. The dispatcher will
also try to obtain additional details relative to the incident that will be pertinent to the
Cause and Origin Team.
After a request for fire investigation assistance has been received,the Cause and Origin
Team will be activated by"60 Control". The dispatchers will notify all Members of
the applicable Cause and Origin Team and the Area Deputy Fire Coordinator
responsible for the area where the incident is located. Team activation will follow the
guidelines enumerated in DES Communication Division Policy& Procedure titled
"C&O Team Paging/Notification Policy". When receiving notification, the Zone
4
Cause and Origin Team members will call "60 Control"to advise the dispatcher of
their availability and gather details concerning the situation. All members will phone
"60 Control" at(914)231-1905.
In the event that there is insufficient response by members of the local Cause and Origin
Team to a request for assistance within ten (10)minutes, a second request will be
transmitted as per(C) above.
In the event that there is insufficient response by the members of the local Cause and
Origin Team to a request for services within this second ten (10)minutes,the
dispatcher will then contact the respective Area Deputy Fire Coordinator and follow
his instructions. If the Area Deputy Fire Coordinator cannot be contacted, then the
dispatcher will contact the second Area Deputy Fire Coordinator. If both
Coordinators cannot be reached within 10 minutes,the dispatcher will implement the
Communicator TM notification procedure as enumerated in"C&O Team
Paging/Notification Policy". If the respective Zone Team is unavailable,the
dispatcher will then transmit a page-out request for services of another adjacent Cause
and Origin Team in accordance with a pre-established"move-up"protocol as
monitored by"60 Control". Also, if circumstances warrant, the Fire Incident
Commander,who according to state law is in charge of the fire scene, may always
request through"60 Control"the additional services of another team.
Cause and Origin Team members will respond to the investigation following notification
of their superiors. If equipment vans(Zone vehicle) are established to support the
field operations of the Cause and Origin Team in the county,at Ieast one member will
be detailed to the van as a driver. The Team will respond directly to the scene unless
a staging area has been indicated by the I.C., as per B above.
Upon arrival at the scene,the Cause and Origin Team members will meet in order to
designate a Team Leader.
s
Notification of the District Attorney
The Area Deputy Fire Coordinator will, as soon as possible,notify the Duty Assistant in
the District Attorney's Office through the Westchester County Department of Public
Safety Services at(914) 864-7700 in the following instances: (1)cases involving
casualty loss in excess of$1 million; (2) cases involving death; (3)explosion(s); and
(4) acts of terrorism. In the event that the Area Deputy Fire Coordinator is not on
scene,then the Cause and Origin Team Leader will ensure this notification is made.
Responsibilities of Team Leader
In the absence of the Area Deputy Fire Coordinator, the Cause and Origin Team Leader
will be responsible for directing the investigation/determination of cause and origin of
fires when the team is requested. In directing the investigation,the Cause and Origin
Team Leader will ensure the preservation of evidence at the scene for the subsequent
collection.by the investigating police agency or laboratory.
The Cause and Origin Team Leader will also be responsible for the coordination and
production of the Cause and Origin Team reports,and the timely submission of these
reports and all addenda,photographs,notes, etc.,to the Area Deputy Fire
Coordinator.
The Cause and Origin Team, in consultation with the Area Deputy Fire Coordinator,the
Cause and Origin Team Leader or Fire Incident Commander may utilize a New York
State certified IC-9 arson/accelerant dog as a resource. The responsibility and the
liability of the dog's actions at a fire investigation scene will be held to the dog
handler and the sponsoring agency.
Investigations
The Area Deputy Fire Coordinator has the overall responsibility for the coordination of
the fire investigation when on scene. In the Coordinator's absence, the Cause and
Origin Team Leader will assume these responsibilities.
The Area Deputy Fire Coordinator, or the Cause and Origin Team Leader for each
investigation,will delegate responsibilities to the participating Cause and Origin
Team members in order to make the best use of the talents of the team members and
resources. The following shall be required:
An Investigation Summaryeport will be completed in all instances.
An Investigation Field Notes Form will be completed for all structural fires.
An Investigation Narrative Report will be completed for all structural fires. This
report, in addition to the Investigation Field Notes Form, will allow the
investigators to explain their findings and conclusions. This form will be filed
within 72 hours of the completion of the incident.
Preservation of a video and/or photographic record of the scene, including a Photo
Log.
6
Evidence collection and maintenance of records concerning the chain of evidence
custody.
A master log will be kept at the Department of Emergency Services for Fire Investigation
incident numbers. When the Cause and Origin Team is activated,the dispatcher will
issue the Area Deputy Fire Coordinator or the Cause and Origin Team Leader an
incident number for the report.
Cause and Origin Team folders will be given to each member with all required
paperwork for an investigation.
Upon completion of the investigation, the Team Leader is responsible to forward all
investigative reports,photographs, addendums, notes, and other relevant reports to the
Area Deputy Fire Coordinator. This shall be done within 72 hours of the completion
of the investigation.
The Area Deputy Fire Coordinator is responsible to review all reports for completeness
and accuracy and effect any corrections necessary with the Team Leader and
Investigators that responded to the call. These reports will then be placed into a case
folder for retention in the designated filing location at the Department of Emergency
Services.
All reports and materials generated during the course of the investigation are done so on
behalf of the Department of Emergency Services and will be retained in the normal
course of business as required.
Rep orts
Forms for Report Writing
Each investigation folder will contain the following reports:
Westchester County Arson Task Force—Investigation Summary Report(I
page, S carbon copies)
Westchester County Arson Task Force—Investigation Narrative Report(1
to multiple pages, as needed, depending on incident)
Westchester County Arson Task Force—Investigation Field Notes Form
(6 pages)
Westchester County Arson Task Force—Interview Sheet(1 page)
Westchester County Arson Task Force—Fire Scene Sketch (1 page)
Westchester County Arson Task Force—Vehicle Sheet(Short Form) (1
page)
Westchester County Arson Task Force—Vehicle Sheet(Detail) (3 pages)
7
Westchester County Arson Task Force—Photo Log Sheet(1 page)
Westchester County Arson Task Force--Evidence Sheet(1 page)
Westchester County Arson Task Force—Body Sketch Sheet(1 page)
Westchester County Arson Task Force—Consent to Search Form(1 page)
8
Report Filing
Non-Incendiary Fires
The Investigation Summary Report is to be filed in all incident investigations,
even when the cause and origin of the fire is determined to be non-incendiary.
The distribution of the Investigation Summary Report will be as follows:
The original (white sheet) will be submitted by the Team Leader to the
F.D. Incident Commander.
The Team Leader will give the blue sheet to the Local Police Agency.
The Team Leader will forward the remaining sheets (yellow, green, pink
and gold) to the Area Deputy Fire Coordinator for dissemination,as
noted below.
The yellow sheet of the report is retained in a binder at the
Department of Emergency Services.
The green sheet of the report will be retained in the case folder at
the Department of Emergency Services.
The pink sheet of the report will be forwarded to the Office of the
District Attorney, Attention: Arson Coordinator, Richard J.
Daronco Courthouse, 111 Dr. Martin Luther King Jr. Blvd.,
White Plains,NY 10601.
The gold sheet of the report will be retained by the Area Deputy
Fire Coordinator(C&O)who covers that Zone, in which the
incident occurred.
9
The Investigation Field Notes Form will be filed for all structural fires. This form
will be forwarded to the Area Deputy Fire Coordinator for inclusion in the
case folder.
The Investigation Narrative Report will be filed for all structural fires. This will
assist to note the circumstances of the incident that may require additional
explanation of actions and facts found during the scene exam that lead the
investigation team to its final conclusion.
In all instances the appropriate additional reports and forms utilized by the Team
will be completed when necessary.
All reports and forms generated during the course of the investigation will be
forwarded to the Area Deputy Fire Coordinator for inclusion in the case
folder. Copies of any reports or forms will only be disseminated by WCDES
staff pursuant to their protocols, and with the approval of the Area Deputy
Fire Coordinator.
Incendiary Fires
The Investigation Summary Report,the Investigation Field Notes Form and the
Investigation Narrative Report, along with the all other appropriate reports
and forms used by the Team,will be submitted in all cases where there is a
determination that the cause and origin of the fire is incendiary.
The distribution of the Investigation Summary Report will be the same as in IX,
A, 1, above.
All reports and forms generated during the course of the investigation will be
forwarded to the Area Deputy Fire Coordinator for inclusion in the case
folder.
Because the fire has been determined to be incendiary in nature, a crime of
suspected arson has allegedly been committed and the information in all
reports and addenda is confidential and now part of a criminal investigation.
A single copy of all generated reports,photographs, etc.,will be forwarded by the
Area Deputy Fire Coordinator, or his designee,to both the Local Police
Agency and the Westchester County District Attorney's Office. The FD
Incident Commander will only receive the original {white sheet} of the
Investigation Summary Report for the department's records. No other copies
are to be disseminated without the consent of the Area Deputy Fire
Coordinator and the District Attorney's Office.
Should the FD Incident Commander want to review the other reports generated in
the investigation, they will need to contact the Area Deputy Fire Coordinator
to arrange a time to do so.
10
Cause and Origin Zone Listing
Fire Dept. # F.D. Name Zone# Police Dept.
229 Mount Vernon 1 Mount Vernon
230 New Rochelle 1 New Rochelle
251 White Plains 1 White Plains
252 Yonkers 1 Yonkers
210 Eastchester 2 Eastchester,Bronxville,
Tuckahoe
216 Harrison 2 Harrison
222 Larchmont 2 Larchmont
223 Mamaroneck Twn 2 Mamaroneck Town
224 Mamaroneck Vill2 Mamaroneck Village
239 Port Chester 2 Port Chester,Rye Brook
241 Purchase 2 Harrison
235 Pelham 2 Pelham
236 Pelham Manor 2 Pelham Manor
242 Rye 2 Rye City
250 West Harrison 2 Harrison
266 Rye Brook 2 Rye Brook
263 Archville 3 Mount Pleasant
201 Ardsley 3 Ardsley
2.05 Briarcliff 3 Briarcliff,
Mt.Pleasant,
Ossining Town,
New Castle
Fire Dept. # F.D.Name Zone# Police Dept.
209 Dobbs Ferry 3 Dobbs Ferry
211 Elmsford 3 Elmsford,Greenburgh
212 Fairview 3 Greenburgh
215 Greenville 3 Greenburgh
lI
217 Hartsdale 3 Greenburgh
218 Hastings 3 Greenburgh
219 Hawthorne 3 Mount Pleasant
220 Irvington 3 Irvington,Greenburgh
231 Sleepy Hollow 3 Sleepy Hollow,
Mount Pleasant
233 Ossining 3 Ossining Village,
Ossining Town
237 Pleasantville 3 Pleasantville,Mount Pleasant
238 Pocantico Hills 3 Mount Pleasant
243 Scarsdale 3 Scarsdale
246 Tarrytown 3 Tarrytown,Greenburgh
247 Thornwood 3 Mount Pleasant
248 Valhalla 3 Mount Pleasant
255 Buchanan 4 Buchanan
213 Continental Vill 4 Cortlandt NYSP,Peekskill
208 Croton 4 Croton,Cortlandt NYSP
226 Mohegan 4 Cortlandt NYSP,
Peekskill,Yorktown
Fire Dept. # F,D. Name Zone# Police Dept.
227 Montrose 4 Cortlandt NYSP,Peekskill
234 Peekskill 4 Peekskill
244 Somers 4 Somers NYSP
249 Verplanck 4 Cortlandt NYSP,Peekskill
253 Yorktown 4 Yorktown
202 Armonk 5 North Castle
258 Banksville 5 North Castle
203 Bedford Hills 5 Bedford
204 Bedford Village 5 Bedford
206 Chappaqua 5 New Castle,Mt.Pleasant
12
207 Croton Falls 5 Somers NYSP
214 Goldens Bridge 5 Somers NYSP
221 Katonah 5 Bedford
225 Millwood 5 Ossining Town,New Castle
228 Mount Kisco 5 Mount Kisco,New Castle
Bedford
232 North White Plains 5 North Castle
240 Pound Ridge 5 Somers NYSP
245 South Salem 5 Somers NYSP
256 Vista 5 Somers NYSP
13
Westchester County Cause& Origin Zone Map
WESTCHESTER COUNTY
ARSON ZONES
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FOR LAW ENFORCEMENT USE ONLY-NOT FOR PUBLIC WSSEMINATION
14
CODE OF ETHICS
I will, as an arson investigator, regard myself as a member of an important and honorable profession.
I will conduct both my personal and official life so as to inspire the confidence of the public.
[will regard my fellow investigators with the same standards as I hold for myself .1 will never betray a
confidence nor otherwise jeopardize their investigation.
I will regard it my duty to know my work thoroughly. It is my further duty to avail myself of every
opportunity to learn more about my profession.
I will avoid alliances with those whose goals are inconsistent with an honest and unbiased investigation. I
will make no claim to professional qualifications,which I do not possess.
I will share all publicity equally with my fellow investigators, whether such publicity is favorable or
unfavorable.
I will be loyal to my superiors, to my subordinates and to the organization I represent.
I will bear in mind always that I am a truth-seeker, not a case-maker; that it is more important to protect
the innocent than to convict the guilty.
15
Westchester County Arson Zone Plan, Police/Fire Directors
Zone#1
Police Zone Director: Mount Vernon—Chief Barbara Duncan
Fire Zone Director: Yonkers
Zone #2
Police Zone Director: Port Chester—Chief Joseph Krzeminski
Fire Zone Director:
Zone#3
Police Zone Director: Mount Pleasant—Chief Lou Alagno
Fire Zone Director: Fairview—Chief Robert Mauro
Zone#4
Police Zone Director: Peekskill—Chief Eugene'T`umolo
Fire Zone Director: Buchanan—Robert outhouse,Ex-Chief
Zone #5
Police Zone Director: Mount Kisco—Chief Steven Anderson
Fire Zone Director: Chappaqua—Frank Nestro,Ex-Chief
16
Westchester Counq Arson Zone PIan—Ad'unct Investigator Guidelines
This is a probationary position.
All your actions are subject to evaluation.
The position is for learning only.
You are to work under the supervision and direction of the on scene investigators.
Unless directed by the scene Team Leader you are not to enter a crime scene for any
reason.
You are required to meet the same response standards set.for Fire Investigators.
The Area Deputy Fire Coordinator may recommend the termination of your position as
an adjunct investigator.
You will work within the guidelines set in the WESTCHESTER COUNTYARSON ZONE
PLAN--FIRE INVESTIGATION PROTOCOLS.
I have read the above and both understand and agree to abide by these guidelines.
Adjunct Name:
Adjunct Signature: Date:
Adjunct's Departnient(s):
Area Deputy Coordinator Signature:
17
Westchester County Cause and Origin Team—Member Data Sheet
Name: Zone#
Social Security#:
Police/Fire Dept.
Work Address:
Zip:
Work Phone#:
Home Address:
Zip:
Home Phone#:
E-mail address
Cell Phone#:
Pager#:
Attached is proof of the referenced applicant's completion of the following programs:
Fire Behavior/Arson Awareness
Principals in Fire Investigation
80-Hour Fire/Arson Investigation
Date Information Obtained:
Area Deputy Fire Coordinator:
Westchester County Cause and Origin Team
Appointment Form—Zone#1
To: Westchester County Arson Task Force
Executive Committee
C/O Department of Emergency Services
4 Dana Road
Valhalla,New York 10595
Frorn: Police Zone Director—Zone#1:
(Signature)
AND
Fire Zone Director—Zone#1:
18
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#1. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire Investigation Protocols and proof of such(copies of
training certificates)is attached. A completed Data Sheet must be attached to this form for each Cause and Origin
Team Member submitted for consideration by the Westchester County Arson TasIc Force Executive Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#1,the total number of team
members shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Team in Zone#I.
C. The new configuration of the Cause and Origin Team in Zone#1 is as follows:
1511 1514
1512 1515
1513 1516
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire Investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
Westchester County Cause and Origin Team
Appointment Form—Zone#2
To: Westchester County Arson Task Force
Executive Committee
C/O Department of Emergency Services
4 Dana Road
Valhalla,New York 10595
From: Police Zone Director—Zone#2:
(Signature)
AND
Fire Zone Director--Zone 42:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
19
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#2. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire Investigation Protocols and proof of such(copies of
training certificates)is attached. A completed Data Sheet must be attached to this form for each Cause and Origin
Team Member submitted for consideration by the Westchester County Arson Task Force Executive Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#2,the total number of team members
shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Team in Zone 42.
C. The new configuration of the Cause and Origin Team in Zone#2 is as follows:
1521 1524
1522 1525
1523 1526
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire Investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
Westchester County Cause and Origin Team
Appointment Form—Zone#3
To: Westchester County Arson Task Force
Executive Committee
C/O Department of Emergency Set-vices
4 Dana Road
Valhalla,New York 10595
From: Police Zone Director—Zone#3:
(Signature)
AND
Fire Zone Director--Zone#3:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
20
individual to the Cause and Origin Team operating in Zone#3. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire Investigation Protocols and proof of such(copies of
training certificates)is attached. A completed Data Sheet must be attached to this form for each Cause and Origin
Team Member submitted for consideration by the Westchester County Arson Task Force Executive-Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#3,the total number of team members
shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a mennber of
the Cause and Origin Team in Zone#3.
C. The new configuration of the Cause and Origin Team in Zone#3 is as follows:
153E 1534
1532 1535
1533 1536
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire Investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
Westchester Countv Cause and Origin Team
Appointment Form--Zone#4
To: Westchester County Arson Task Force
Executive Committee
C/O Department of Emergency Services
4 Dana Road
Valhalla,New York 10595
From: Police Zone Director—Zone 94:
(Signature)
AND
Fire Zone Director—Zone#4:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—.APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#4. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire Investigation Protocols and proof of such(copies of
training certificates)is attached. A completed Data Sheet mast be attached to this form for each Cause and Origin
Team Member submitted for consideration by the Westchester County Arson Task Force Executive Committee.
21
A. This is an original appointment to the Cause and Origin Team in Zone#4,the total number of team members
shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Team in Zone#4.
C. The new configuration of the Cause and Origin Team in Zone#4 is as follows:
1441 1444
1442 1445
1443 1446
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fire Department
Written approval for the above referenced individunl to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sent to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire Investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
Westchester Countv Cause and Origin Team
Appointment Form--Zone#5
To: Westchester County Arson Task Force
Executive Committee
C/O Department of Emergency Services
4 Dana Road
Valhalla,New York I0595
From: Police Zone Director—Zone 95:
(Signature)
AND
Fire Zone Director—Zone#5:
(Signature)
Re: CAUSE AND ORIGIN TEAM MEMBER—APPROVAL OF APPOINTMENT TO THE CAUSE
AND ORIGIN TEAM
Attached please find the resume of Police/Fire Officer to be considered for
approval by the Executive Committee of the Westchester County Arson Task Force. Approval is sought to add this
individual to the Cause and Origin Team operating in Zone#5. This Police/Fire officer has all of the required
training set forth in the Westchester County Arson Plan Fire Investigation Protocols and proof of such(copies of
training certificates)is attached. A completed Data Sheet must be attached to this form for each Cause and Origin
Team Member submitted for consideration by the Westchester County Arson Task Force Executive Committee.
A. This is an original appointment to the Cause and Origin Team in Zone#5,the total number of team members
shall not exceed six.
B. This is a replacement appointment. The addition of Police/Fire Officer
22
Serves as a replacement for Police/Fire Officer operating as a member of
the Cause and Origin Team in Zone#5.
C. The new configuration of the Cause and Origin Team in Zone#5 is as follows:
1451 1454
1452 1455
1453 1456
The approval of the Police/Fire Chief of the agency to which this Cause and Origin Team Member belongs is
indicated below:
(Chief of Department) Police/Fine Department
Written approval for the above referenced individual to serve as a member of the Cause and Origin Team will be issued by the Arson Task Force
Executive Committee and sett to the Police and Fire Zone Directors. Applicants who do not meet the minimum criteria,as set forth in the Arson
Zone Plan Fire Investigation Protocols will not be considered for appointment to the Cause and Origin Teams.
23
Addenda
• Westchester County Arson Task Force—Investigation Summary Report(1 page,5 carbon copies).
• Westchester County Arson Task Force—Investigation Field Notes Form(6 pages)
• Westchester County Arson Task Force—Investigation Narrative Report(1 page to multiple pages, as needed,
depending upon the incident)
• Westchester County Arson Task Force—Interview Sheet(I page)
• Westchester County Arson Task Force—Fire Scene Sketch(I page)
• Westchester County Arson Task Force—Vehicle Sheet(Short Form)(1 page)
• Westchester County Arson Task Force—Vehicle Sheet(Detail)(3 pages)
• Westchester County Arson Task Force—Photo Log Sheet(I Page)
• Westchester County Arson Task Force—Evidence Sheet(I page)
• Westchester County Arson Task Force—Body Sketch Sheet(1 page)
• Westchester County Arson Task Force—Consent to Search Sheet(1 page)
24
Westchester
dik govcom
Robert P.Astorino
County Executive
Department of Public Safety
George N.Longworth
Commissioner-Sheriff
June 24, 2015
Mayor Paul S. Rosenberg
Village of Rye Brook
938 King Street
Rye Brook, New York 10573
Dear Mayor Rosenberg:
The current Mutual Aid and Rapid Response Inter-Municipal Agreement(IMA)between the Village of Rye
Brook and the Westchester County Department of Public Safety will expire on July 30, 2015. If you would like
to continue participating, please sign and notarize the attached IMA. Also included are the Municipality's
Acknowledgement and Certificate of Authority.
Once the paperwork is completed, please return all to me for processing. A fully executed electronic copy will be
forwarded to you for your files.
If you have any questions, please contact me at(914) 864-7853 or email eikm3@westchestergov.com.
Sincerely,
DEPARTMENT OF PUBLIC SAFETY
Westchester County Police
George N. Longworth
Commissioner-Sheriff
By:
Jay K. Math a./
Joy K. Mathai
Director of Administrative Services
GNL/JKM/cs
Attachment
A New York State Accredited
Law Enforcement Agency L~ua
Saw Mill River Parkway .''
Hawthorne,New York 10532 Telephone: (914)864-7700 Website:westchestergov.com
July 14, 2015 R-5
RESOLUTION
CONSIDERING AN AGREEMENT WITH LIGHTPATH FOR TELEPHONE
AND INTERNET SERVICES
WHEREAS, the Village of Rye Brook Village Hall, Fire Department and
Police Department are contracted with Cablevision Lightpath for telephone, voicemail
and internet services; and
WHEREAS, the current hardware and software systems are outdated and in
need of an upgrade; and,
WHEREAS, Lightpath and proposed an upgrade to the system that includes
the hardware and software necessary, the phones and the internet data.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook
hereby enters into a Service Agreement with Lightpath for VOIP telephone, voicemail
and internet services, subject to the final approval of the Village Attorney; and be it
FURTHER RESOLVED, the Mayor and Village Administrator are hereby
authorized to sign and execute any and all necessary documents to accomplish the
purpose of this resolution.
DocuSign Envelope ID: F717F238-4679-4874-9ECD-3C60F8F48851
Lig �al - Service Agreement
Date: 7/8/2015
Customer Information
Customer Status: Existing Customer
Customer Name: VILLAGE OF RYE BROOK-TREASURES OFFICE
Billing Address: 938 KING ST RYE BROOK NY 10573
Street Address Suite City State Zip Code
Billing Contact: FRED SEIFERT Phone (914)937-7862 Email fseifert@ryebrook.org
Order Contact: FRED SEIFERT Phone (914)937-7862 Email fseifert@ryebrook.org
Lightpath Contact: Nick Casale Phone (516)803-5732 Email ncasaleI0),goligbtpath.com
Lightpath Services
The above Customer agrees to the ordering of the following Lightpath Services:
Order Type:Service Upgrade Account#:43427
Service Location Type:LIT Service Location Type:
`A'Location:938 King St,Rye Brook,NY 10573 `Z'Location:
Demarc: 1st telco Demarc:
b,divid.al Molhly Total M—thly
R—.rrin,Char, .anti R,—rin Ch-,,e Nan Re—ffig Ch-
1 Hosted Voice 2.0 Package 75 $1,099.00 1 $1,099.00
Order Type:Service Upgrade Account#:43427
Service Location Type:LIT Service Location Type:
`A'Location:938 King St,Rye Brook,NY 10573 `Z'Location:
Demarc: 1st telco Demarc:
M dMd.al Monthly Total ff—thly
R—.nin«Ch.r, —wi rR...rrin gChar«e Al—R--in Charge
2 INTERNET VOICE BUNDLE 25,000MOU 20MB $1,499.00 1 $1,499.00
Agreement Term: 5 years For Internal Use Only
Total Monthly Recurring Charge: $2,598.00 Addendum❑
Total Installation Charge: $0.00
Remarks
Terms and Conditions
The parties acknowledge and agree to be bound by the Terms and Conditions and any applicable Addenda attached hereto and/or as set forth at
www.GoLightpath.com.Cablevision Lightpath,Inc.("Lightpath"),with offices at 200 Jericho Quadrangle,Jericho,NY 11753,executes this Agreement on its
behalf and on behalf of its subsidiaries,Cablevision Lightpath CT LLC,for Services purchased in CT and Cablevision Lightpath NJ LLC,for Services purchased
in NJ.Customers purchasing Hosted Voice Service will be bound by the Hosted Terms and Conditions attached hereto.Customer will be responsible for the rates
listed on the Service Agreement form and all applicable local,state and federal taxes,charges and assessments along with any other applicable charges.
Agreed by:
Customer Cablevision Lightpath,Inc.
Authorized Signature: Authorized Signature:
Print Name: Print Name:
Title: Title:
Date: Date:
Email:
Phone:
Confidential&Proprietary Page 1 of 12
DocuSign Envelope ID: F717F238-4679-4B74-9ECD-3C60F8F48851
Service Agreement Terms and Conditions
Lightpath Hosted Voice Service
Lightpath Service: All services("Service(s)")ordered by Customer from Lightpath shall be subject to Lightpath's acceptance of this
Service Agreement and any applicable Addenda("Agreement") listing the Service and fees associated with the requested Service. All
product and technical descriptions may be viewed at www.GoLightpath.com. Service is subject to availability,credit approval,and the
following terms and conditions,including those documents identified below and incorporated by reference.
1. Term: The initial service term ("Initial Service Term") shall be the period of time listed in this Agreement. Upon expiration of
the Initial Service Term, and upon sixty (60) days prior written notice from Lightpath, as applicable, this Agreement shall
automatically renew for successive terms. Either party may give notice of its intent not to renew the term in writing at least thirty
(30)days prior to the end of the applicable term.
2. Commencement of Billing/Start of Service Date: The Initial Service Term begins on the date Service becomes available for
use ("Start of Service Date"). Service is considered to be available for use when connectivity is established to the Lightpath
demarcation point and the equipment associated with the endpoints such as POE devices, as applicable, routers, and IP handsets
are delivered, installed and tested at the Customer site. Billing for Service shall commence no later than five (5) calendar days
after the installation date or the date Customer utilizes any or all of the Service(s). If Customer is porting their existing telephone
numbers after billing commences,Customer is responsible for coordinating the port with Lightpath.
3. Termination of Service/Circuit: Termination of individual circuits or Services and all associated billing provided for under this
Agreement shall be effective thirty (30) days after written notification of termination is received by Lightpath.In the event of
early termination (i.e. termination of a circuit/Service prior to the expiration of a fixed term for such Service),Customer shall be
liable for early termination fees in accordance with the terms of this Agreement.
4. Payment Terms: Customer will be responsible for the rates listed in this Agreement and all applicable local, state, and federal
taxes, charges, assessments and other applicable charges. Payment for Services is due within thirty(30) days of the invoice date.
Customer shall be subject to a finance charge of 1.5% per month on balances over sixty (60) days past due. Invoices may be
viewed and managed by accessing Lightpath's web portal"Customer Care Online" at www.GoLightpath.com.
5. New Build:A"New Build"is a site to which Service originates or terminates and to which Lightpath must build or construct new
facilities or equipment in order to provide Service. New Build installation shall be subject to, including but not limited to,
completion of site survey, municipal permits and right-of-way pole licensing, landlord consent, facility/property access, and
conditions outside of Lightpath's control.
6. LAN Assessment & Remediation: Prior to the signing of this Agreement, Lightpath will conduct an on-site, pass/fail
assessment ("LAN Assessment") to determine if Customer's Local Area Network ("LAN"), in its present configuration, could
support the Hosted Voice Service. If Customer's LAN passes the LAN assessment, Customer's LAN will be considered"Hosted
Voice Ready."If Customer's LAN fails the assessment,Lightpath will present Customer with a schedule and description of effort
to remediate the LAN to support the Hosted Voice Service ("LAN Remediation Plan" or"Plan"). (Note: LAN remediation by
Lightpath not applicable when Customer provides own LAN switches.) Equipment required for the LAN Remediation Plan will
be supplied by Lightpath to Customer at no cost to Customer subject to limitations set forth in the Statement of Work. Lightpath
provides equipment to support the Hosted Voice Service. Lightpath does not take responsibility for managing Customers LAN
infrastructure and is not responsible for service outages related to Customer's LAN wiring and cabling or off-site connectivity.
Customer shall notify Lightpath in writing of its acceptance/rejection of the LAN Remediation Plan within five (5)business days
of delivery of the Plan. If Customer does not accept the LAN Remediation Plan in writing, Service will be canceled with no
liability.
7. SOFTPHONES, OFF-SITE PHONES & WIFI CONNECTIVITY: LIGHTPATH ALLOWS THE ABILITY TO ACCESS
THE HOSTED VOICE SERVICE THROUGH SOFTPHONES, OFF-SITE PHONES AND WIFI CONNECTIVITY. IN NO
EVENT SHALL LIGHTPATH BE RESPONSIBLE FOR, NOR DOES IT WARRANT THE PERFORMANCE OR
INTEROPERABILITY OF THE SERVICE IN CONNECTION WITH ANY SOFTPHONES, OFF-SITE PHONES OR
WIRELESS CONNECTIVITY. IT IS CUSTOMER'S SOLE RESPONSIBILITY TO SUPPORT AND TROUBLESHOOT ANY
RELATED CONNECTIVITY ISSUES UNDER THIS SECTION. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS
THE HOSTED VOICE PRODUCT CHARACTERISTICS AS SET FORTH IN THE OFF-SITE REMOTE PHONE AND
SOFTPHONE ACKNOWLEDGEMENT ATTACHED HERETO AS EXHIBIT A2.
8. Cancellation of Service: If Customer cancels Service prior to the Start of Service Date and after LAN remediation approval and
acceptance, Customer shall reimburse Lightpath for all reasonable direct costs incurred by Lightpath prior to Customer
cancellation of such Service. Notwithstanding the above, if Customer does not approve the LAN Remediation Plan, Service will
be cancelled with no liability for service cancellation.
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9. Early Termination: If Customer terminates any Service after the Start of Service Date, Customer shall pay a termination charge
equal to 100%of the monthly recurring charges times the number of months remaining in the applicable term.
10. Customer Not Readv / Service Delivery Delay: Lightpath will provide Customer with an implementation plan
("Implementation Plan") which states the targeted installation date. Customer will have five (5) business days to modify and
approve the Implementation Plan. After the Implementation Plan has been approved,Lightpath will provide Customer with a firm
installation date within ten (10) business days of the targeted installation date. In the event Customer is not ready ("CNR") for
Lightpath to deliver Service on the firm installation date, Customer must reschedule and accept delivery of Service within ten(10)
business days from the firm installation date. If Customer does not allow Lightpath to complete installation within ten (10)
business days from such firm installation date, Lightpath will invoice Customer a CNR fee equivalent to the monthly recurring
charges for the Service under this Agreement.
11. Statement of Work: The Statement of Work("SOW") for Hosted Voice Service outlining the responsibilities, deliverables and
acceptance criteria for Service perform by Lightpath is attached hereto as Exhibit B.
12. Emergency Calling Services (E911) for Hosted Voice Service: Customer is responsible for complying with all applicable
emergency calling service laws. E911 procedures and restrictions are set forth in Emergency Calling Services Terms and
Conditions attached hereto as Exhibit Al.
13. Alarm System Restrictions: Lightpath Hosted Voice Service does not support e central station monitoring systems including(i)
medical alert systems, (ii) any high security monitoring systems (UL 681 or similar), or (iii) fire alarm systems (UL 864 or
similar).If Customer desires to utilize e central station monitoring systems,Customer must maintain an alternate connection.
14. Overhead Paging: Hosted Voice Service is compatible with most overhead paging systems. In the event Customer's overhead
paging system is not compatible with Hosted Voice Service, Customer will be responsible for bringing the overhead paging
system into compliance with Hosted Voice Service.
15. Call Recording via IP Port Mirroring: Hosted Voice Service is capable of supporting Call Recording via IP Port Mirroring.
However, Lightpath does not offer this feature as part of Hosted Voice Service, nor does Lightpath sell, install, or maintain Call
Recording equipment. Upon Customer's request, Lightpath will enable Lightpath's ethernet switch, as applicable, on Customer's
premises to support Call Recording, however, it is Customer's responsibility to provide and install all IP capable Call Recording
equipment. Lightpath is not responsible for any losses, claims, or liability whatsoever, including but not limited to, the
installation,operation,or failure of IP Port Call Recording.
16. Technical Refresh: At the end of the Initial Service Term and upon renewal of this Agreement for the applicable term
("Renewal Tenn") (a)Customer with a three(3)year Initial Service Tenn will have the option for a three (3)year Renewal Term
including a 10% discount for Hosted Voice Service and an option at the expiration of the first three (3) year Renewal Tenn to
enter into a second three (3) year Renewal Term and receive a full technical refresh as described below and continuation at the
existing renewal discounted rate; or(b) Customer with a five(5)year Initial Service Term will have the option for a five (5)year
Renewal Term including a 10%discount for Hosted Voice Service and a full technical refresh. The technical refresh will include
replacement of Lightpath TP phones and other PE required for the Service and will be provided by Lightpath at no additional
charge to Customer. Customer must notify Lightpath they are exercising their option under the terns of this provision prior to the
applicable Renewal Term.
17. Additional Charges: Any service required by Customer to be performed outside standard business hours (Monday-Friday
8:00am to 5:00pm local time),unless otherwise planned for and noted, shall incur additional charges based on time and material.
If Customer requires any changes to Service after the initial installation and such changes are outside the scope of the initial
design,Customer will be subject to additional charges.
18. Type II Service: Service provided by a third party ("Type II") is priced on an individual case basis. Type II Service will
terminate at the minimum point of entry ("MPOE") demarcation at a serving facility/location. Any required extension of the
MPOE demarcation is subject to time and material charges determined on an individual case basis by Lightpath. Customer will be
responsible for any additional fees imposed by the Type 11 Service provider for delivery of Type Tl Service including, but not
limited to,cross connect fees and building access fees.
19. Connect Conferencing Services: Audio Connect and Web Connect conferencing Services purchased pursuant to this Agreement
are subject to Lightpath Connect Service Attachment Additional Terms and Conditions attached hereto,as applicable.
20. Video Conference Service: Video Conference Service purchased pursuant to this Agreement is subject to Lightpath Video
Conference Service Attachment Additional Terms and Conditions attached hereto,as applicable.
21. Managed Backup Service: Managed Backup Set-vice purchased pursuant to this Agreement is subject to Lightpath Managed
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Backup Service Attachment Additional Terms and Conditions attached hereto,as applicable.
22. Managed WiFi Service: Managed WiFi Service purchased pursuant to this Agreement is subject to Lightpath Managed WiFi
Service Attachment Additional Terms and Conditions attached hereto,as applicable.
23. Internet Burstable Feature: Billing for Internet Service Burstable Feature option purchased pursuant to this Agreement is
assessed using the 95/5%calculation rule.
24. Service Level Agreement: The Service Level Agreement ("SLA") at www.GoLightpath.com/terms sets forth Customer's sole
remedy for any claim relating to the Service including any failure to meet any guarantee set forth in the SLA.
25. Acceptable Use Policy: Use of Internet Service must comply with the most current version of Lightpath's Acceptable Use Policy
at www.GoLightpath.com/terms. Lightpath reserves the right to suspend Service or tenninate this Agreement effective upon
notice for a violation of the Acceptable Use Policy.
26. Privacy Practices: Lightpath's Privacy Policy at www.GoLightpath.com/terms along with Security Procedures sets forth
Lightpath's commitment to respecting and protecting the privacy of its customers.
27. Additional Terms and Conditions: Services purchased pursuant to this Agreement, including but not limited to Internet
Service, IP Trunking, Remote E-Link, and any other service not currently offered by Lightpath under the state tariffs filed by
Lightpath (or its affiliates) and/or Lightpath's Regulations and Schedule of Charges are subject to Additional Terms and
Conditions for Non-Tariff Services at www.GoLightpath.com/terms.
All other Services purchased pursuant to this Agreement including but not limited to voice service(s)are subject to the state tariffs
filed by Lightpath (or its affiliates) and/or Lightpath's Regulations and Schedule of Charges as set forth at
www.GoLightpath.com/ternis.
28. Use of Service: Lightpath's Voice Services are intended for the standard business customer and may not be resold, used for
illegal purpose, for completion of excessive auto-dialed or short duration calls with predictive dialers, or for any use that could
harm or interfere with the ability of Lightpath or others to use Lightpath's Network("Prohibited Use"). Lightpath shall have the
right to immediately suspend and/or terminate any or all Services provided hereunder without notice to Customer in the event of
any Prohibited Use.
29. Confidentiality: "Confidential Information" consists of all information disclosed, whether written or oral, by one party (the
"Disclosing Party")to the other party(the "Receiving Party") in connection with this Agreement which is non-public and which
is either marked or otherwise communicated as being "proprietary" or"confidential" or where such information is, by its nature,
confidential. Confidential Information includes but is not limited to the Disclosing Pasty's customers or prospective customers,
business plans, pricing, optimization recommendations and network designs. Information that is independently developed by the
Receiving Party,is lawfully received by the Receiving Party free of any obligation to keep it confidential, or becomes generally
available to the public other than by breach of this Agreement, shall not be Confidential Information. Confidential Information is
the property of the Disclosing Party and shall be destroyed or returned to the Disclosing Party upon request provided that either
party may retain Confidential Information to the extent required by applicable rule,regulation or law.
The Receiving Party shall: (a)use such Confidential Information only for the purposes of performing this Agreement and using
Services; (b)reproduce such Confidential Information only to the extent necessary for such purposes; (c)restrict disclosure of
such Confidential Information to employees, agents and subcontractors that have a need to know for such purposes; (d)advise
those employees, agents and subcontractors of the obligations of confidentiality under this Agreement; (e)not disclose
Confidential Information to any third pasty without prior written approval of the Disclosing Party except as expressly provided in
this Agreement;and(f)use at least the same degree of care(in no event less than reasonable care)as it uses with regard to its own
proprietary or confidential information to prevent the disclosure,unauthorized use or publication of Confidential Information.
30. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an
original. Such counterparts shall together constitute one and the same document. Signatures executed and transmitted by
electronic signature,photocopy, email PDF or facsimile shall be considered authentic and legally binding to the same extent as an
original.
31. Entire Agreement: The terns and conditions listed above and those documents identified above constitute the entire agreement
between the parties concerning Service and supersede all other representations,understandings or agreements which are not fully
expressed herein, whether oral or written. This Agreement is binding as of the date it has been fully executed by all parties. No
amendment to this Agreement shall be valid unless in writing and signed by all parties.
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Exhibit Al
Hosted Voice Service
Emergency Calling Services Terms and Conditions
Emergency Calling Service or Enhanced 911 service ("E911") for Hosted Voice Service is a feature that enables users to initiate
emergency calls to reach an appropriate public safety answering point (PSAP) with the telephone number and registered address
displayed at the PSAP.Provided below are the terms and conditions for the E911 service,as applicable,for Hosted Voice Service.
The ability to access an appropriate PSAP depends on the type, configuration, and location of the phone used. Lightpath provides
E911 only in locations where such 911 calling is available and only under the limited circumstances described below. Furthermore,
much like access to 911 emergency service via traditional PSTN local service, access to a PSAP will be unavailable if the access
circuit fails.
Customer Responsibilities: Customer is responsible for complying with all applicable emergency calling service laws.
1. Initial Registration of Physical Location. When 911 is dialed on an IP phone, softphonc and analog phone used for voice
communications as part of the Hosted Voice Service ("Device"),the call is routed to the appropriate PSAP based on the physical
primary service address of the Automatic Number Identification ("ANI") (may be the Billing Telephone Number (`BTN") or
Calling Party Number ("CPN") for Customer's configuration). Customer is responsible for registering the physical primary
service address with Lightpath. The initial locations of the Hosted Voice Service are registered as part of the installation for
Hosted Voice Service. Failure to provide the current and correct physical location may result in the loss of E91 1 capability and/or
will result in emergency service calls to be routed to the wrong local PSAP. The equipment in provision of Hosted Voice Service
may also need to be reconfigured upon change in the physical primary Hosted Voice Service address in order for an E911 call to
be routed to the appropriate PSAP.
2. Re-Registration due to Change of Physical Location after Installation. Hosted Voice Service provides Customer with the
ability to remotely access their VoIP network to initiate and receive calls within the 50 U.S. states and the District of Columbia by
utilizing the mobility features (i.e. extension mobility, softphones, physical movement of IP stations). In cases where the
Customer utilizes theses mobility features and wishes to place calls, Lightpath requires the Customer to re-register their physical
location via the process outlined in Lightpath's End User Mobility Calling Guide. FAILURE TO RE-REGISTER THE
CURRENT PHYSICAL LOCATION MAY RESULT IN THE LOSS OF E911 CAPABILITY AND/OR WILL RESULT
IN EMERGENCY SERVICE CALLS TO BE ROUTED TO THE WRONG PSAP. Until the re-registration is complete,
Customer may be suspended from initiating calls but will have the ability to receive calls. Each time the Customer changes their
physical location, including upon return to initial location of the Hosted Voice Service installation, Customer MUST re-register
their physical location so that calls may be routed to the appropriate PSAP.
3. Delivery of Location-Specific Automatic Location Identification ("ALI"). If Customer requires delivery of location-specific
ALI(such as floor and room number within a building)to the PSAP or otherwise desires E911 service to be provided for multiple
user configurations, Customer must implement capabilities which allows Customer to build and maintain the 911 records for the
telephone numbers associated with a BTN or CPN depending on Customer's configuration. Customer may obtain the software
and support that enables such capabilities from a third-party provider. In all cases, Hosted Voice Service can only support the
delivery of the caller's station level phone number to a PSAP when such telephone numbers are ported to Lightpath during the
initial provisioning process or numbers assigned by Lightpath.
4. Notification to All Users. Customer is responsible for informing all its end users (including employees, visitors, and other third
parties who may be present at the physical location where Hosted Voice Service is utilized) of the differences in and the
limitations of E911 for Hosted Voice Service, including but not limited to, that E911 access to a PSAP is limited as described in
these terms and conditions regardless of the type of Device used. Customer will also notify all such end users what procedures
they must follow for registering a new location prior to moving a Device. Lightpath will supply stickers concerning the risk
associated with not registering a new location for E911 service (the "911 Sticker") after the initial installation of the Devices or
utilization of the mobility features. Customer shall not remove or damage the 911 Sticker on each Device used with Hosted Voice
Service.
5. Access Limitations.Common events that can limit access to E911 include but are not limited to:
a. Loss of electric service. Hosted Voice Service, including access to E911, will be interrupted if there is a loss of electric
service. Customers are urged to implement a battery backup system for Hosted Voice Service. Following a power failure or
disruption, the equipment, including Devices, may need to be reset or reconfigured prior to utilizing Hosted Voice Service
including access to E911.
b. Loss of access service. Hosted Voice Service, including access to E911,will be interrupted if the attendant connection is not
available.
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c. Failure of equipment. The malfunction or failure of equipment, software or hardware necessary for end-to-end IP voice
communications functionality could potentially limit access to E911.
d. Service outage due to disconnection of Customer account.
e. Other service outages. Tf there is a Service outage for any reason, such outage may interrupt all Services, including access to
E911. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in
this Agreement.
6. Limitation of Liability and Indemnification for E911 Services. E911 for Hosted Voice Service is offered solely as an aid in
contacting an appropriate PSAP in connection with fire,police and other emergencies.Lightpath is not responsible for any losses,
claims,demands, suits or any liability whatsoever("losses"),including without limitation(i)losses to or relating to Customer or a
third party; (ii) losses for any personal injury or property damage or loss; or (iii) losses claimed to have been caused by (a)
mistakes, omissions,interruptions, delays, errors or other defects in the provision of E911, or(b) installation, operation, failure to
operate,maintenance,removal,presence,condition,location or use of any equipment and facilities furnishing the Service.
Lightpath is also not responsible for any infringement or invasion of the right of privacy of any person or persons, caused or
claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal,
presence, condition, occasion or use of E911 service and the equipment associated therewith, or by any Services furnished by
Lightpath including, but not limited to, the identification of the telephone number, address or name associated with the phone
used by the party or parties accessing E911 service, and which arise out of the negligence or other wrongful acts of Lightpath,
Customer,its users,agencies or municipalities,or the employees or agents of any of them.
Customer will indemnify, defend and hold Lightpath harmless from any and all claims, losses, damages, fines, penalties, costs
and expenses(including,without limitation,attorney fees)by,or on behalf of,Customer or any third party relating to the absence,
failure or outage of the Service, including access to E911, incorrectly routed E911 calls, and/or the inability of any user of the
Service to be able to access E911 services or access emergency service personnel.
Customer Cablevision Lightpath,Inc.
By: By:
Naine: Naine:
Title: Title:
Date: Date:
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Exhibit A2
Hosted Voice Service
Off-Site Remote Phone and Softphone Acknowledgement
Lightpath Hosted Voice IP phones and Customer provided softphones are capable of working over the Public Internet. However, for
business critical applications,please be aware that Lightpath discourages the use of these phones and softphones at any location aside
from the location(s)where the Lightpath Internet Voice Bundle(s)are located.
Since Lightpath cannot control or trouble shoot the Public Internet, these calls will not have guaranteed Quality of Service (QoS)
expected from a business telephony solution. Off-site phones may experience any of the following:
• Static/garbled calls
• Call clipping and echo
• Dropped calls
• One way audio
• Cannot receive inbound calls
• Failure of phones to register
• Flashing keys
Other issues that could contribute to a poor experience at an offsite location:
• Condition of the LAN or wiring
• Number of devices being used concurrently
• Quality of Internet connection
• Available bandwidth or bandwidth contention
• Other network devices/traffic
• Firewall not configured for SIP traffic
• LAN routers and switches blocking phone access to the Internet
• Internet provider blocking SIP traffic
Tn addition, if you move your phone, change your location, or use your soft phone at another location, you must update your
CURRENT address via the CommPortal in order for your 911 emergency calls to reach the proper emergency personnel. E911
mobility is only supported in the US,Canada&Puerto Rico.
By signing below,Customer acknowledges and understands the Hosted Voice product characteristics.
Customer: Cablevision Lightpath,Inc.
By: By:
Name: Name:
Title: Title:
Date: Date:
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Exhibit B
Hosted Voice Service
Statement of Work
This Statement of Work ("SOW") outlines the activities, responsibilities, and acceptance criteria to install, maintain and support
Hosted Voice Service provided to Customer. Changes to this SOW and the subsequent Implementation Plan shall only be binding
upon the parties when agreed to in writing by both parties and may result in an adjustment in charges for Service. The Customer's
LAN/WAN network architecture design shall not change between the date of execution of this Agreement and the completion of the
Hosted Voice Service installation contemplated hereunder,otherwise adjustment in charges for Service may be applied by Lightpath.
Service Description: Hosted Voice Service is an TP telephony solution that bundles TP phones and TP-based premises equipment with
connectivity to the public switched telephone network (PSTN) and Internet access over Lightpath's fiber Metro Ethernet facilities.
Premise equipment ("PE") includes all hardware and software supplied by Lightpath in the provision of Hosted Voice Service. In
addition to PE and connectivity, Lightpath is also responsible for planning, designing, installing and maintaining Hosted Voice
Service as further described in this SOW. Lightpath reserves the right to utilize the services of a subcontractor in the provisioning of
Service.All PE supplied by Lightpath is and shall remain the property of Lightpath.
Product Overview: The Hosted Voice Service delivered using voice class-of-service over an end-to-end fully fiber optic Ethernet
network is a turn-key,managed communication service and system including:
a. Tnternet/Voice Bundle:
i. Package of Internet access and monthly voice calling minutes of use ("MOU") comprised of local/toll/long distance
calling minutes.
b. Hosted Package:
i. Package of IP phone sets with routers and power over Ethernet ("POE") devices sized and engineered to support
Lightpath supplied IP telephones and softphones.
ii. Management and maintenance of Hosted Voice Service includes:
1) LAN assessment,remediation,as applicable,and certification
2) station reviews
3) installation,turn up/test,training and monitoring
4) service,maintenance and support
1. Overall
1.1 Lightpath Responsibilities
a. Assign a Lightpath Project Manager as Customer's single contact for all aspects of the engagement.
b. Provide Customer with documentation on all site and facility requirements, including but not limited to environmental
conditions per manufacturer's specifications,rack space,power,and cabling requirements for provision of Services.
c. Compile all packaging material and debris in preparation for Customer removal.
1.2 Customer Responsibilities. As required for the installation, maintenance and support of Hosted Voice Service, Customer
acknowledges that it shall be responsible to:
a. Assign a Customer Project Manager as Lightpath's single contact for all aspects of the engagement and act as liaison with
other Customer staff including but not limited to information technology,security and network operations.
b. Identify primary and backup on-site contacts for Customer supported location. Customer contact shall be accountable for
providing any special site access,clearance,escort,safety training,or required information. The Customer site contact shall
interface with others within Customer organization as required.
c. Schedule and inform users of all required communication including but not limited to scheduled downtime and Service
outages.
d. Provide required security clearances,escorts, special safety equipment to access the site(s).
e. Provide physical access to Customer location including but not limited to equipment rooms, racks, cabinets and wiring
closets.
f. Provide adequate security and environmental conditions as per manufacturer's specifications on all PE at Customer site(s).
g. Notify Lightpath of changes Customer is planning to their LAN/WAN network.
h. Ensure site readiness. Resolving facility issues (i.e. bad or incorrect cabling, not meeting cable plant, environmental or
power specifications, lack of rack space,etc.).
i. Order and verify availability of any required telephone circuits if purchased through parties other than Lightpath.
j. Provide all necessary information according to the Implementation Plan agreed to between Customer and Lightpath.
k Provide access to required specialists within Customer's organization.
1. Identify locations for PE and data connections.
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in. Provide a Letter of Agency and contact information for each vendor where Lightpath will act as the primary interface on
behalf of Customer.
n. Provide shipping addresses and contact names for each site.
o. Provide an appropriate work environment and reasonable access, working space including heat, light, ventilation, electric
current and outlets,and local telephone extension for the use of service personnel in the PE physical location.
2. LAN Assessment
Lightpath will conduct an on-site, pass/fail assessment ("LAN Assessment") to determine if Customer's Local Area Network
("LAN"), in its present configuration, could support Hosted Voice Service and support the expected volume of IP calls at quality
levels defined by Lightpath. If Customer's LAN passes the LAN Assessment, Customer's LAN will be considered "Certified." If
Customer's LAN fails the assessment,Lightpath will present Customer with a schedule and description of effort to remediate the LAN
to support Hosted Voice Service ("LAN Remediation Plan"). (Note: LAN remediation by Lightpath not applicable when Customer
provides own LAN switches.) Equipment required for the LAN Remediation Plan will be supplied by Lightpath to Customer at no
cost to Customer subject to limitations set forth in this SOW. Customer shall notify Lightpath in writing of its acceptance/rejection of
the LAN Remediation Plan within five (5) business days of delivery of the Plan. If Customer does not accept the LAN Remediation
Plan in writing,Hosted Voice Service will be canceled with no liability to Customer. Lightpath cannot begin any work until the LAN
Remediation Plan is accepted. The provision of all Services under this Agreement is contingent upon Customer's written acceptance
of the LAN Remediation Plan. After Lightpath implements the LAN Remediation Plan and the LAN is re-assessed and Certified by
Lightpath, Lightpath reserves the right to assess the LAN at any point to ensure compliance with certification standards. If the
assessment fails prior to the Start of Service Date,Lightpath reserves the right to terminate this Agreement and cancellation of Service
charges apply. If Customer chooses to remediate the LAN themselves or through the use of a third party, Lightpath will require that
after remediation, the LAN be recertified by Lightpath before proceeding with the remainder of the Implementation Plan for Service.
After the Start of Service Date, if Customer, or representative of Customer,makes changes to Customer LAN that bring the LAN out
of compliance with Lightpath's LAN certification standards, the Set-vice Level Agreement no longer applies and Lightpath reserves
the right to terminate this Agreement and early termination charges apply.
2.1 Lightpath Responsibilities
a. Provide Customer with a LAN Assessment document that will rate the capacity ("pass/fail") of the LAN network to
support IP or softphone according to the ITU Recommendation G.107 ("E-Model")and outlines the test findings regarding
call performance and IPT quality. The report will also include the Quality of Service(jitter,delay,and packet loss)("QoS")
measurement results of the expected IP traffic to be supported by the LAN network.
b. Load software agents on the PCs identified above at the primary Customer location, and supervise Customer as they install
software agents on PCs at remote sites for the LAN Assessment.
c. Work with Customer to define the amount of expected IP traffic to be supported in the network.
d. Generate IP traffic according to Customer's requirements. Conduct testing between identified Customer facilities to
determine existing network capabilities and performance.
e. Provide the following documents to Customer:
i. Completed LAN Assessment
ii. Customer LAN diagram
f. If the LAN Assessment passes and is Certified,provide the following documents to Customer:
i. Completed LAN Certification form
ii. Implementation Plan for Hosted Voice Service
g. If the LAN Assessment fails and the LAN is NOT certified,provide the following documents to Customer:
i. Completed LAN Certification form outlining reasons for certification failure
ii. LAN Remediation Plan(schedule,equipment lists,etc.),as applicable.
2.2 Customer Responsibilities
a. Ensure PCs have a valid, routable TP address in segments of the network that will transport TPT traffic. These PCs should
be installed in the segments(VLANs)of the LAN network that will transport TP traffic.
b. Provide an available LAN switch port to which a Lightpath-provided computer will be connected to the network and will
collect call quality and QoS performance statistics.
c. Work with Lightpath to define the amount of expected IP traffic to be supported in the network.
d. Install software agents on PCs identified above at remote Customer location(s)under Lightpath's supervision if required.
e. Provide range of static and/or dynamic IP addresses.
f. Provide information relative to available interfaces, dial plan and user directories, cable distances and routes between the
PE and existing Customer telecom equipment.
g. If requested,provide premises building layout for applicable locations(current floor plans,cabling and power locations).
h. In cases where Lightpath will remediate the LAN,written acceptance of the LAN Remediation Plan.
i. If Customer opts not to have the LAN remediated, Customer has the option to cancel Hosted Voice Service subject to the
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cancellation rights set forth in this Agreement.
3. LAN Remediation(Note: LAN remediation by Lightpath not applicable when Customer provides own LAN switches.)
3.1 Lightpath Responsibilities.In cases where Lightpath will remediate Customer LAN,Lightpath is responsible to:
a. Order the equipment needed for remediation from a list of Lightpath approved devices.
b. Deliver the equipment to Customer site.
c. Dispatch a team with the required expertise to remediate the LAN.
d. Notify Customer of equipment delivery.
e. Remediate the LAN according to LAN Remediation Plan accepted by Customer.
3.2 Customer Responsibilities.In cases where Customer will remediate the LAN,Customer is responsible to:
a. Receive equipment needed for remediation and store in a secure on-site location.
b. Provide network security privileges to Lightpath,as needed.
c. Make any changes required to remediate the LAN to Lightpath certification standards.
d. Notify Lightpath of their completed remediation activities within ten(10)business days.
4. LAN Certification
4.1 Lightpath Responsibilities
a. Once the LAN remediation is complete, as applicable, Lightpath will turn up, test and certify the LAN according to the
Lightpath LAN Certification Guidelines.
b. Upon certification,Lightpath will provide the following documentation to Customer:
i. Customer remediated LAN diagram,as applicable
ii. Completed LAN Certification form
iii. Implementation Plan for Hosted Voice Service
4.2 Customer Responsibilities
a. Written approval of the LAN Certification form.
b. Written approval of the Implementation Plan.
5. Station Reviews
5.1 Lightpath Responsibilities.Upon written Customer approval of the LAN Certification form and the Implementation Plan,
Lightpath shall:
a. Work with Customer to schedule station reviews at Customer location(s).
b. Complete the station reviews using the Lightpath Station Review Guidelines to document:
i. Customer's current phone settings(shared line appearances, hunt group relationships, speed dial numbers,etc.).
ii. Desired changes to those settings.
iii. Current business processes for inbound call handling (by user station, by reception, by auto attendant, by
administrative assistants,etc.)and outbound call management(dialing prefix,dialing plans by extension,etc.).
c. Consult with Customer to develop recommendations for which model (executive phones, standard phones, common area
phones, IP conference room phones and attendant sidecars) of Lightpath approved IP phones will be deployed at which
station location.
d. Upon conclusion of the station reviews,provide the following to Customer:
i. Completed Station Review forms
ii. Recommended IP phone assignments
iii. Recommendations for number and model of spare IP phones
iv. Any Customer requested deviations from the TP phones provided with Hosted Voice Service
v. Updated Implementation Plan for Hosted Voice Service work with Customer to schedule station reviews at Customer
location(s).
5.2 Customer Responsibilities. Customer shall provide written approval of the following documentation within five (5) business
days of receipt.
a. Completed Station Review forms
b. Recommended IP phone assignments
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c. Recommendations for number and model of spare IP phones
d. Any Customer requested deviations from the IP phones provided with Hosted Voice Service
e. Any update to the Implementation Plan for Hosted Voice Service
6. Installation,Turn Up/Test and Monitor
Installation services consist of site preparation,implementation and configuration of PE at Customer premises.
6.1 Lightpath Responsibilities
a. Deliver handsets to Customer location at least one (1)business day prior to the Hosted Voice Service installation date and
present proof of delivery form to Customer.
b. Review Customer premises to determine site readiness prior to implementation and delivery. Provide facility issues to
Customer for resolution.
c. Recertify Customer LAN to ensure that it is operating within LAN Certification Guidelines. If Customer LAN is
recertified, proceed with the installation. If Customer LAN is not recertified, determine the reason for failure. If the failure
can be remediated within the LAN Assessment criteria, Lightpath will remediate and recertify. If the failure cannot be
remediated within the LAN Assessment criteria, Lightpath will inform the Customer Project Manager of the issue and will
review necessary steps to bring into compliance.
d. Install IP phones of the model specified in the Station Review documentation at appropriate locations.
e. Power up each phone and ensure that the proper configuration is loaded onto the phone from the Lightpath Hosted Voice
feature server and meets all aspects contained in the Station Review documentation including shared line appearances,
speed dials,hunt group membership, dial plan, group pickup and directed pickup. Test registration,connectivity and ability
to make and receive calls. Test each phone for the ability to make external (PSTN or IP) calls and internal (extension to
extension) calls, and receive an inbound call(if porting has been completed). Report phone test failures due to cabling for
Customer resolution.
f. Provide Customer with any phones not installed but part of the Service package to be securely stored.
g. Configure Customer's auto attendant as specified in the Station Review documentation.
h. Certify that the system conforms to the business process specified in the Station Review documentation including
receptionist business functions,group pickup,directed pickup,auto attendant flows and scripts,and directory routing.
i. Certify that incoming calls are handled according to specification for DID calls and calls routed through the auto attendant.
j. Certify that calls meet QoS specifications as outlined in the Lightpath LAN Certification Guidelines.
k. Certify that LAN traffic is within specification as outlined in the Lightpath LAN Certification Guidelines.
1. Certify that Customer computers that are connected to IP phones have access to LAN functions.
in. Remain at Customer location(s)for a minimum of four(4)hours after the testing has completed.
n. At the conclusion of the four(4)hour period,provide the Customer Project Manager with a Customer Sign Off form.
o. If the installation occurs after hours or on weekends,provide Lightpath support on the first normal business day following
installation to monitor system operations, respond to Customer requests for assistance and determine if any configuration
or system changes are necessary to bring the system or Service within specification guidelines.
p. Provide training on the Hosted Voice Administrative Portal to an individual designated by Customer.
q. Provide user guides to Customer.
6.2 Customer Responsibilities
a. Provide a complete and accurate Customer Service Record("CSR").
b. Provide assistance to Lightpath in engaging with Customer's incumbent service provider to port Customer's numbers
(LNP).
c. Arrange for physical and network access.
d. Ensure that appropriate Customer personnel will be present for Service installation.
e. Provide an on-site staging room per site readiness requirements.Provide a telephone line for use by the installation team.
f. Provide an IT network,and/or cabling technician to be available during installation and testing.
g. Sign proof of delivery form at the time of PE delivery.
h. Acknowledge accuracy and validity of phone programming and their destination based on the Station Review document.
i. Provide secure storage area for all spare IP phone(s)provided.
j. Review and accept Service. Sign Customer sign-off form to formally agree that Service is functioning as expected.
k. Identification and scheduling of a Hosted Voice Administrator who will receive training from Lightpath on the Hosted
Voice Administrative Portal. Once trained, the Hosted Voice Administrator will be responsible for conducting the
administrative functions through the Hosted Voice Administrative Portal.
1. Train end users with Lightpath provided User Guides.
7. Maintenance and Support
Confidential&Proprietary Page 11 of 12
DocuSign Envelope ID: F717F238-4679-4874-9ECD-3C60F8F48851
Lightpath will maintain and support all PE used for LAN remediation, as applicable, IP phones and any call quality or LAN issues
related to the PE.
7.1 Trouble Reporting and Mana eg ment
a. Lightpath is responsible to:
i. Assist Customer by telephone, facsimile, or electronic mail (for information related to product use, configuration and
troubleshooting),24 hours per day, 7 days per week.
ii. Track incidents and interruptions from inception to resolution.
iii. Provide an online portal for Customer to submit and review trouble tickets.
iv. If Lightpath determines that the reported problem is related to Customer's LAN (except as noted above), report this
conclusion to Customer and advise Customer to engage internal or external IT resources to resolve the issues.
b. Customer is responsible to:
i. Open a trouble ticket with Lightpath's Network Management Center by calling 866-611-3434 or via Customer Care
online at www.GoLightpath.com to report any Service incidents.
7.2 Service Responsibilities
a. Lightpath is responsible to:
i. Implement a maintenance release to resolve a reported software problem or generate alternative solutions using
reasonable commercial efforts if a maintenance release is not available.
ii. Arrange all remedial support shipments to Customer via express transportation. Request for alternate carriers will be at
Customer's expense.
iii. Provide instiuctions to Customer on PE return procedures.
iv. Repair or replace any Lightpath installed LAN equipment.
v. Replace Customer's spare IP phone used to resolve the support issue within twenty-four (24) hours of receipt of the
defective phone.
b. Customer shall:
i. Agree to use the latest release of software if required to correct a reported software problem.
ii. Return to Lightpath all defective PE as directed by Lightpath. Customer will be responsible for shipping and handling.
iii. Replace defective handset with spare handset located at Customer site.
8. Out of Scope
The following are not included under this Agreement:
a. Remediation or maintenance of Customer in house structured wiring and cabling (i.e. brackets, CAT5 wiring, risers and
fiber).
b. LAN Remediation when Customer provides own LAN switches.
c. Support of Customer's LAN, desktop or laptop computers, peripheral devices, or software applications except for issues
with these devices or Customer's LAN caused by Lightpath installed and supported PE.
d. Customization of PE software.
e. Electrical or site work external to the PE.
f. Any upgrades on Customer hardware required to run new or updated Lightpath installed software.
g. Any expenses incurred to visit Customer's location,except as required during escalation of problems by Lightpath.
h. Major,minor,and maintenance releases of software applications and operating systems.
i. Installation of Service that requires special equipment (e.g., hoists, harness, ladders in excess of 8 feet, etc.), to perform
such installation.
j. Installation, support and maintenance of Service at domestic residences.
k. Installation, support and maintenance of Service at a site where Customer is unavailable to receive the PE.
1. Installation, support and maintenance requested outside standard business day hours (Monday-Friday 8:00am-5:00pm are
subject to additional charges.
Confidential&Proprietary Page 12 of 12
DocuSign Envelope ID: F717F238-4679-4874-9ECD-3C60F8F48851
Ughtpathl,.
Section 3.0 LAN Remediation
Customer Name: Village of Rye Brook
Customer Site Address(s): 938 King Street Rye Brook New York 10573
Equipment Location(s): Multiple; Main Bldg — Basement, Ground flr, 1st flr and 2nd flr Networking Closet and Fire House 1st
flr Networking Closet
Deployment Type: NON CONVERGED VoIP LAN
Remediation Scope of Work:
o Lightpath will install a circuit with two drops to support the new VolP install and the existing data network
o Lightpath will install:
0 1 x Adtran 1238 NetVanta POE switch in the MDF.
0 1 x Adtran 1234 NetVanta POE switch in IDF1.
0 1 x Adtran 1234 NetVanta POE switch in IDF2.
0 1 x Adtran 1238 NetVanta POE switch in Fire House.
o Lightpath will install IP phones at all user locations.
Hosted 1 to Hosted 2 Conversion
DocuSign Envelope ID: F717F238-4679-4874-9ECD-3C60F8F48851
Lightpath
Customer Responsibilities:
o Provide a secure area to store project equipment prior to and during the installation.
o Provide resource to assist field service technician with inventory of equipment prior to installation.
o Provide unhindered access to their telecommunications room/facility.
o Provide an IT network, and/or cabling technician to be available during installation, testing and turn-up..
o Provide all Infrastructure and facilities to ensure site readiness prior to installation proceeding to include:
■ Adequate environmental conditions (Heat, Cooling and Humidity)
■ Adequate equipment grounding and distance from excessive RF energy and water..
■ Customer to provide power, surge protection, UPS and equipment rack on all Equipment Floors.
• Power Requirement: 20 AMP circuit per Battery backup/UPS device.
• Battery Backup/ UPS device to provide 120VAC outlet's per dedicated OLP device
• Minimum Devices include IAD, and Internet Router
• Refer to list of equipment at end of Remediation document for Outlet count.
o End to end cabling distance (switch port to Phone Set) must not exceed the Ethernet standard of 100M.
o Label all station cabling patch panels and wall plates with the far end location.
o Provide all CAT5e patch-cables to interconnect Customer Patch Panels to new Lightpath PoE Switches.
o Provide all work station cabling (Wall Jack to Phone Set) longer than 5' in length.
o The customer will be responsible for re-programming and integrating existing LAN peripherals into the
Lightpath VoIP network.
o Cross-connect and extend all analog lines from the Lightpath M66 block demarc.
o Configure all other LAN and PC equipment purchased separately and not provided by Lightpath or its
vendors as further outlined in the Post-Remediation diagram.
o Customer to provide facilities for disposal of all Lightpath packaging and shipping materials.
o Customer is responsible for removing, packaging and disposing of pre-existing phone and/or LAN
equipment no longer in use.
Customer Representative: _________________________ Date: ______________
Lightpath Representative: _________________________ Date: ______________
DocuSign Envelope ID: F717F238-4679-4874-9ECD-3C60F8F48851
Lightpath
Lightpath Hosted Voice Off-Site Remote Phone and Softphone
Acknowledgement
Lightpath Hosted Voice IP phones and customer provided softphones are capable of working
over the Public Internet. However, for business critical applications, please be aware that
Lightpath discourages the use of these phones and softphones at any location aside from the
location(s) where the Lightpath Internet Voice Bundle(s) are located.
Since Lightpath cannot control or trouble
shoot the Public Internet, these calls will not
have guaranteed Quality of Service (QoS)
expected from a business telephony solution.
Offsite phones may experience any of the
following:
• Static/garbled calls
• Call clipping and echo
• Dropped calls
• One way audio
• Cannot receive inbound calls g
• Failure of phones to register ® ' '
• Flashing keys
In addition, If you move your phone, change your location, or use your soft phone at another
location, you must update your CURRENT address via the CommPortal in order for your 911
emergency calls to reach the proper emergency personnel. E911 mobility is only supported in the
US, Canada & Puerto Rico.
By signing below, the customer acknowledges and understands the Hosted Voice product
characteristics.
Company Name:
Customer Representative: _________________________ Date: ______________
Lightpath Representative: _________________________ Date: ______________
DocuSign Envelope ID: F717F238-4679-4874-9ECD-3C60F8F48851
Lightpath
Section 4.0 Access and LAN Diagrams _ Current Configuration
OLP Network ISP
Cisco'.1700
rou er
Ground Floor �d -
(Police Department) 2 Floor
Adtran NetVanta 1238 HP Proc rve 2650
48 Port Switch 48 po switch
-_��
Q _ Q
I
I
4
Adtran NetVanta 1234 Patch Panel
24 Port Switch From 2"d Floor — — — — — —
o f ri-
Floor
IAdtran NetVanta 1234 Patch Panel
Basement
24 Port Switch From 2"d Floor
ow
a a a o a a a o a a a a
I
I
Q Q I �� &W Q
I
Fiber Line
From Main
Building
DocuSign Envelope ID: F717F238-4679-4874-9ECD-3C60F8F48851
Lit
Section 4.1 Access and LAN Diagram _ Post-Remediation Configuration
Lightpath Fiber
Network
Anal vice(Fax)
Cisco 1841 (Data) Adtran JAD(Voice)
Adtran PoE Switch swoi48 ----
Cisco 170
71P7.,e
o
Adtran PoE Switch
7... 7
- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- -- - - -
Adtran
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Adtran PoE Switch
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Dell PowerConnect
2024 Hub
Adtran PoE Switch
Using Fiber MM SFP to connect all Adtran switches
DocuSign Envelope ID: F717F238-4679-4874-9ECD-3C60F8F48851
Lightpath
Section 5.0 List of Equipment: 75 Seat Package
CPE Function Manufacturer Model
IAD Adtran Netvanta 924e 1
PoE Switch Adtran 1238 NetVanta, PN# 170359961 2
PoE Switch Adtran 1234 NetVanta, PN# 170359561 2
SFP (if required) Adtran 1000Base-SX LC MM P/N# 1200480E1 6
Total Outlet Count 1
Design by T.Tippen
Hosted 1 to Hosted 2 Conversion
Doll '
El#ICVRIP
Certificate Of Completion
Envelope Number: F717F23846794B749ECD3C6OF8F48851 Status:Sent
Subject:Lightpath Service Agreement for Your Electronic Signature:-Village of Rye Brook Hosted 1 to 2 Conv
Source Envelope:
Document Pages: 18 Signatures: 10 Envelope Originator:
Certificate Pages: 2 Initials:0 Nick Casale
AutoNav: Enabled 200 Jericho Quadrangle
Envelopeld Stamping: Enabled Jericho, NY 11753-2701
ncasalel @golightpath.com
IP Address:96.43.147.8
Record Tracking
Status:Original Holder: Nick Casale Location:DocuSign
7/8/2015 6:24:03 AM PT ncasalel@golightpath.com
Signer Events Signature Timestamp
Christopher Bradbury Sent:7/8/2015 6:28:05 AM PT
cbradbury@ryebrook.org
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
ID:
John Shepherd
jshepher@golightpath.com
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
ID:
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
FRED SEIFERT � Sent:7/8/2015 6:28:06 AM PT
fseifert@ryebrook.org ED Viewed:7/8/2015 6:38:14 AM PT
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Nick Casale Sent:7/8/2015 6:28:05 AM PT
ncasalel@golightpath.com Viewed:7/8/2015 11:11:45 AM PT
Lightpath, Inc.
Security Level: Email,Account Authentication
(None)
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered
ID:
Sarah Bledsoe �� Sent:7/8/2015 6:28:05 AM PT
sbledsoe@ryebrook.org
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Notary Events Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/8/2015 6:28:06 AM PT
July 14, 2015 R-6
RESOLUTION
CONSIDERING A REQUEST FOR THE REMOVAL OF A
SIGNIFICANT TREE AT 47 WINDING WOOD TRAIL NORTH
WHEREAS, the property owner of 47 Winding Wood Trail North has
submitted a tree removal application to the Village of Rye Brook; and
WHEREAS, under section 235-21 of the Village of Rye Brook Village Code
no Significant Tree over 36" DBH shall be removed without the approval of the
Village Board of Trustees; and
WHEREAS, said tree is considered a Significant Tree.
NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby
[approves/denies] the Tree Removal Permit application made by the property owner of
47 Winding Wood Trail North for the removal of the following:
One (1) White Ash Tree approximately 42" in diameter DBH
AND BE IT FURTHER RESOLVED, the property owner of 47 Winding
Wood Trail North shall replant three (3) trees as required by code in consultation with
the Village Superintendent of Public Works.
19
VILLAGE OF RYE BROOK
MAYOR 938 King Street, Rye Brook, N.Y. 10573 ADMINISTRATOR
Paul S. Rosenberg (914)939-0753 Fax(914)939-5801 Christopher J. Bradbury
www.ryebrook.org
TRUSTEES VILLAGE ENGINEER
Susan R. Epstein DIRECTOR OF PUBLIC WORKS
David M. Heiser Michal Nowak
Jason A. Klein
Jeffrey B. Rednick
June 19, 2015
Mr. Sylvester Gutierrez
47 Winding Wood Road North
Rye Brook,NY 10573
Re: Tree Removal Application for property located at 47 Winding Wood Road North
Dear Mr. Gutierrez:
This letter is in response to your Tree Removal Application of June 4, 2015 to remove one (1) 42" DBH
(diameter at base height) White Ash tree from your property.
A visual inspection was performed on June 5, 2015. Due to the size of the tree being over 36" DBH the tree
is considered a "Significant Tree", therefore, pursuant to Sections 235-2 and 235-21 of the Village of Rye
Brook Code, ...."a "Significant Tree" shall not be removed without the approval of the Village Board of
Trustees("BOT')...".
Your request to remove the one (1) "Significant Tree" requires additional approval from the BOT at one of
their meetings.
Prior to scheduling your application for review by the BOT meeting,you must submit to our office:
1. A site plan drawing illustrating a tree replanting schedule. Due to the size of the tree to be removed,
you will be required to replant three (3) trees. All persons granted a tree removal permit shall be
required to replant native noninvasive 2" to 2 1/2" caliper tree(s) on said property per Village Code
Section 235-18. Species such as, but not limited to, Elms, Oaks, Maples, Zelkovas, Beech, etc., are
acceptable. Ornamental trees may not be substituted.
2. A Tree Hazard Analysis Report from a certified arborist.
This application will be scheduled for an upcoming BOT meeting as soon as our office receives the above
mentioned documents. Our office will inform you of the date.
If you have any questions,please do not hesitate to call the Public Works Office at 939-0753.
Sincerely,
^1414VO4-
Superintendent of Public Works/
Engineering
/rd
Enclosures
a4 g BR ATT
PERMIT No.
S g REE
' ..�_., PERMIT FEE $50 PAID
J!
N - REMOVAL
RESTORATION FEE
PERMIT EXPIRES
�.,9g� P S c w ��IR.MIT
r;NciN�nv - REPLANT AND
PUBLIC WORKSEPARTMENT APPLICATION
938 KING STREET INSPECT BY
RYE BROOK,NY 10573
PHONE:914-939-0753 PAX:914939.5801 REPLANT TREE(S)
INFORMATION:
1.) FOR FURTHER INFORMATION REFER TO VILLAGE CODE SECTION 235 AVAILABLE AT WWW.RYEBROOK.ORG.
2.)ALL TREES REQUESTED FOR REMOVAL SHALL BE MARKED VISIBLY WITH RIBBON,STRING OR IN A NON HARMING FASHION.
3.)ALL PERSONS GRANTED A TREE REMOVAL PERMIT SHALL BE REQUIRED TO REPLANT A NATIVE NONINVASIVE 2 TO 2-1/2"CALIPER TREE
ON SAID PROPERTY PER CODE SECTION 235-18.SPECIES SUCH AS BUT NOT LIMITED TO ELMS,OAKS,MAPLES,ZELKOVAS,BEECH,ETC.
ORNAMENTAL TREES MAY NOT BE SUBSTITUTED.
4.)S EN eET�FEEVAYBE
ATIODEI D BD WIT�F FJINO�N AuTH ITYTO BE I RACTICAL DUCE�K OFSUCH FEE IS B SED ON
5.)ALL STUMPS SHALL BE REMOVED AS PER CODE SECTION 235-18.LOCATION SHALL BE TOPSOILED AND SEEDED WITH GRASS
7.)ALLOW FOR 10 BUSINESS DAYS FOR PROCESSING OF APPLICATION.
6.)AN APPEAL TO A DENIAL MAY BE MADE IN WRITING AS PER CODE SECTION 236-14 WITHIN 30 DAYS OF DECISION.
PROPERTY OWNER CONTRACTOR
OWNERNAME 51L-2E( T GLiTIFRREZ COMPANYNAME M�Ny`S -TI�E�= S�RV�C� INC
ADDRESS `I7 W1N��NL w`d� • N SUPERVISOR/SIGNATURE aE120'AetO 'IVERq
PHONENUMBER i4'�$I�S�Sy- ADDRESS 141 lwK aLkcE NC-W lQOcAlpLLFdl) l
FAX NUMBER PHONE NUMBER q 1 4-�c'-7-7 I$
SIGNATURE _+' FAX NUMBER
I AGREE TO MSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH RYE ARBORIST CERTIFICATION NUMBER
BROOK CODE CHAPTER 235,AND WILL REPLACE TREES AS REQUIRED BY THE I AGREE TO ASSUME FULL RESPONSIBILITY FOR THE REMOVAL OF SAID
VILLAGE OF RYE BROOK TREE ORDINANCE OR PROVDE PAYMENT OF TREE
RESTORATION FEE IF/WHEN REPLANTING IS DEEMED IMPOSSIBLE S AND FOR THE COMPLIANCE WITH ALL APPLICABLE COUNTY,STATEAND LOCAL REGULATIONS REGARDING PROPER DISPOSAL.
TREES TO BE REMOVED
SPECIES: W N ITE 1tS+-1 HEIGHT: 30 DIAMETER:
SPECIES: HEIGHT: DIAMETER:
SPECIES: HEIGHT: DIAMETER:
SPECIES: HEIGHT: DIAMETER:
PURPOSE OF REMOVAL CIRCLE ONE: ROUTIN EMERGENCY
NOTES: ZFE VS W tTH I J lb P�,c OLA£ 4 ()Mr- AN b OvE�-4lRAN LS �#1E V(0(,t�
-WE 7wo tr0bl�- 3RANCi 44Ave 'FALitN O ._r+{E 00P.
\reP c -Qwtb V-r �tNn k-A L _bA✓ A(it ' U C�AAN6 WWII' t N
OFFICE USE ONLY .T E 2XKy Rte-
INSPECTION MADE BY: DATE:
REMOVAL AUTHORIZED BY: DATE:
REMOVAL DENIED BY: DATE:
PERMIT CONDITION:
Bennys Tree Service Inc. Estimate
49 Park Place
New Rochelle, NY 10801
914-804-7718
Name/Address
Taylor&Sylvester Gutierrez
47 Winding Wood Road North
RyeBrook, NY 10573
Date Estimate No. Project
06/29/15 204
Item Description Quantity Cost Total
Tree Removal To Whom It May Concern, 0.00 O.00T
We are writing this letter to the Village of Rye Brook
concering Mr.&Mrs.Gutierrez house.This property
contains a Large White Ash Tree,thats
approximately 7 Ft away from the house. Mr.&Mrs
Gutierrez has paid us to do an inspection of the tree
and We recommend the tree to be removed due to
Large crack over 6ft in diameter.In the crown of the
tree,the crack is even deeper but cannot be seen
visually.The crack is starting to make its way to the
other side. I have given photos into the Town to
prove that the cracks are physically there. Mr.&Mrs.
Gutierrez know that there is Tree Planting Laws and
they are willing to plant the three trees the Town is
recommending.Thank you very much.
From,
Bernardo Rivera
Owner of Benny's Tree Service INC.
Out-of-state sale,exempt from sales tax 0.00% 0.00
Total $0.00
X = PROPOSED TREE PLANTING
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NORTON ROSE FULBRIGHT
Norton Rose Fulbright US LLP
VIA EMAIL: cspinosa@ryebrook.org 666 Fifth Avenue, 31st Floor
New York, New York 10103-3198
July 7, 2015 United States
Ms. Catherine Spinosa Randolph I Mayer
Deputy Treasurer Partner
Village of Rye Brook Direct line+1 212 318 3383
938 King Street randolph.mayer@nortonrosefulbright.com
Rye Brook, NY 10573 Tel +1 212 318 3000
Fax+1 212 318 3400
nortonrosefu Ibright.corn
Re: Village of Rye Brook, Westchester County, New York
Acquisition of Various Equipment and Vehicles for Construction and Maintenance—
Purposes or for Recreational Purposes at Playgrounds or other Recreational Areas
$497,500 Bonds
File 10605967.
Dear Cathy:
In accordance with your request, we have prepared and enclose the following:
(a) Bond resolution to pay the cost of the acquisition of various equipment and vehicles for
construction and maintenance purposes or for recreational purposes at playgrounds or
other recreational areas. This resolution requires the affirmative vote of at least four of
the five members of the Board of Trustees and is effective immediately. Pursuant to
your request, the maximum maturity of the obligations authorized has been limited to five
years.
(b) Legal notice of estoppel, which must be published once in the official newspaper(s)
designated in Section 11 of the bond resolution. This publication can be made at any
time after adoption. (The form enclosed is for your use in submitting the legal notice of
estoppel to the printer and does not have to be returned to us.)
When available, kindly return to me the following:
(a) Certified copy of the bond resolution.
(b) Original printer's affidavit of publication of the summary legal notice of estoppel of the
resolution from the newspaper or newspapers in which the same was published.
Please do not hesitate to call if you have any questions.
Very truly yours,
Randolph J. Mayer
RJM:amm
Enclosures
Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas.
Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose
Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright verein, a Swiss verein. Norton Rose
Fulbright verein helps coordinate the activities of the members but does not itself provide legal services to clients. Details of each entity,with certain
regulatory information,are available at nortonrosefuIbright.com.
10605967.
At a regular meeting of the Board of Trustees of the Village of Rye Brook, Westchester
County, New York, held at the Village Hall, 938 King Street, in Rye Brook, New York, in said
Village, on July 14, 2015, at______ o'clock------M., Prevailing Time.
The meeting was called to order by , and upon
roll being called, the following were
PRESENT:
ABSENT:
The following resolution was offered by , who moved
its adoption, seconded by , to-wit:
68838794.1
BOND RESOLUTION DATED JULY 14, 2015.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $497,500 BONDS OF THE
VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY
THE COST OF THE ACQUISITION OF VARIOUS EQUIPMENT AND VEHICLES
FOR CONSTRUCTION AND MAINTENANCE PURPOSES OR FOR
RECREATIONAL PURPOSES AT PLAYGROUNDS OR OTHER
RECREATIONAL AREAS, IN AND FOR SAID VILLAGE.
WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter
described, including compliance with the provisions of the State Environmental Quality Review Act
to the extent required, have been performed; and
WHEREAS, it is now desired to authorize the financing of such purposes; NOW,
THEREFORE, BE IT
RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,
New York, as follows:
Section 1. For paying the cost of the acquisition of various equipment and vehicles for
construction and maintenance purposes or for recreational purposes at playgrounds or other
recreational areas, including incidental expenses in connection therewith, a class of objects or
purposes, there are hereby authorized to be issued $497,500 bonds of said Village pursuant to the
Local Finance Law. None of the objects or purposes are assessable improvements.
Section 2. It is hereby determined that the estimated maximum cost of the aforesaid
class of objects or purposes is $497,500, and that the plan for the financing thereof shall be by the
issuance of the $497,500 bonds authorized pursuant to this bond resolution
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is five years, pursuant to subdivision 89 of paragraph a of
Section 11.00 of the Local Finance Law, as each item in said class of objects or purposes shall
have a period of probable usefulness of at least five years under one or more of subdivisions 19,
28 or 32 of said paragraph a.
68838794.1
-2-
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Village
Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall
be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the
provisions of the Local Finance Law.
Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New
York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds
as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such bonds becoming due and payable
in such year. There shall annually be levied on all the taxable real property of said Village a tax
sufficient to pay the principal of and interest on such obligations as the same become due and
payable.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name
of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature
of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed
thereon and may be attested by the manual or facsimile signature of the Village Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best
for the interests of the Village; provided, however, that in the exercise of these delegated powers,
the Village Treasurer shall comply fully with the provisions of the Local Finance Law and any order
or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village
Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to
see to the application of the purchase money.
68838794.1
-3-
Section 8. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining annual
debt service and all matters related thereto, prescribing whether manual or facsimile signatures
shall appear on said bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said
bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of
its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated
official of the Village), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be determined by
the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not
to impose and collect from registered owners of such bonds any charges for mailing, shipping and
insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by
the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village
Treasurer shall determine.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are,
or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside
with respect to the permanent funding of the object or purpose described herein. The Village
Treasurer may advance funds for any purpose for which such bonds are authorized, pursuant to
Section 165.00 of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested
only if:
68838794.1
-4-
(1) Such obligations are authorized for an object or purpose for which said
Village is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 11. This resolution, which takes effect immediately, shall be published in
summary in The Journal News, a newspaper having general circulation in said Village, together
with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local
Finance Law.
68838794.1
The question of the adoption of the foregoing resolution was duly put to a vote on roll call
which resulted as follows:
------------------------ ------VOTING ---------
------------------------ ------VOTING ---------
--------------------------------VOTING---------
------------------------ ------VOTING ---------
------------------------ ------VOTING ---------
The resolution was thereupon declared duly adopted.
68838794.1
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
I, the undersigned Clerk of the Village of Rye Brook, Westchester County, New York, DO
HEREBY CERTIFY:
That I have compared the annexed extract of the minutes of the meeting of the Board of
Trustees of said Village, including the resolution contained therein, held on the July 14, 2015, with
the original thereof on file in my office, and that the same is a true and correct transcript therefrom
and of the whole of said original so far as the same relates to the subject matters therein referred
to.
I FURTHER CERTIFY that all members of said Board had due notice of said meeting.
I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open
Meetings Law), said meeting was open to the general public.
I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public
notice of the time and place of said meeting to be given to the following newspapers and/or other
news media as follows:
Newspaper and/or Other News Media Date Given
68838794.1
-2-
1 FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice
of the time and place of said meeting to be conspicuously posted in the following designated public
location(s) on the following dates:
Designated Location(s) of Posted Notices Date of Posting
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Village
on July___, 2015.
Village Clerk
(CORPORATE
SEAL)
68838794.1
LEGAL NOTICE OF ESTOPPEL
NOTICE IS HEREBY GIVEN that the resolution, a summary of which is published
herewith, has been adopted by the Board of Trustees of the Village of Rye Brook, Westchester
County, New York, on July 14, 2015, and the validity of the obligations authorized by such
resolution may be hereafter contested only if such obligations were authorized for an object or
purpose for which said Village is not authorized to expend money, or if the provisions of law
which should have been complied with as of the date of publication of this notice were not
substantially complied with, and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of publication of this notice, or such obligations
were authorized in violation of the provisions of the Constitution.
A summary of the aforesaid resolution is set forth below. The resolution provides as
follows: that the faith and credit of the Village of Rye Brook, Westchester County, New York
(the "Village"), are irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable; that an annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such obligations
becoming due and payable in such year; that the power to authorize the issuance of and to sell
bond anticipation notes in anticipation of the issuance and sale of the bonds authorized by such
resolution, including renewals of such notes, is delegated to the Village Treasurer; that all other
matters, except as provided in such resolution, relating to the bonds authorized, including the
date, denominations, maturities and interest payment dates, within the limitations prescribed in
such resolution and the manner of the execution of the same and also including the
consolidation with other issues, and the authority to issue such obligations on the basis of
substantially level or declining annual debt service, is delegated to and shall be determined by
the Village Treasurer; and that this LEGAL NOTICE shall be published.
A summary of the bond resolution follows:
BOND RESOLUTION DATED JULY 14, 2015.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $497,500 BONDS OF THE
VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE
COST OF THE ACQUISITION OF VARIOUS EQUIPMENT AND VEHICLES FOR
CONSTRUCTION AND MAINTENANCE PURPOSES OR FOR RECREATIONAL
PURPOSES AT PLAYGROUNDS OR OTHER RECREATIONAL AREAS, IN AND FOR
SAID VILLAGE.
The period of probable usefulness of the aforesaid class of objects or purposes is five
years, pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local Finance
Law, as each item in said class of objects or purposes shall have a period of probable
usefulness of at least five years under one or more of subdivisions 19, 28 or 32 of said
paragraph a.
THE FULL TEXT OF THESE BOND RESOLUTIONS ARE AVAILABLE FOR PUBLIC
INSPECTION AT THE OFFICE OF THE VILLAGE CLERK LOCATED AT 938 KING
STREET, RYE BROOK, NEW YORK, DURING NORMAL BUSINESS HOURS.
Dated: Rye Brook, New York
July--_ 2015
Village Clerk
68838794.1
July 14, 2015 R-8
RESOLUTION
CONSIDERING THE APPROVAL OF MINUTES:
MAY 26, 2015 and JUNE 9, 2015
NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook
Board of Trustees hereby certifies the approval of the minutes for the meetings held
on May 26, 2015 and June 9, 2015