HomeMy WebLinkAbout2017-05-01 - Board of Trustees Special Meeting Minutes 3/27/2018 Board of Trustees-Special Meeting-01 May 2017 @6:00pm-Minutes-Adopted
e4w MINUTES
,i
L, V� ;a Board of Trustees Meeting
Village Hall,938 King Street
Monday, May 1, 2017
BOARD PRESENT: Trustee Susan R. Epstein
Trustee David M. Heiser
Trustee Jason A. Klein
Trustee Jeffery B. Rednick
Mayor Paul S. Rosenberg
BOARD ABSENT:
STAFF PRESENT: Christopher J. Bradbury, Village Administrator
Edward Beane, Esq., Village Counsel
1 RESOLUTION:
a) Authorizing the signing of a Stipulation of Settlement resolving the Village
of Rye Brook v. Village of Port Chester fire service litigation.
Mr. Bradbury read the resolution:
RESOLUTION
AUTHORIZING THE SIGNING OF A SETTLEMENT AGREEMENT
RESOLVING THE VILLAGE OF RYE BROOK v. VILLAGE OF
PORT CHESTER FIRE SERVICE LITIGATION
WHEREAS, the Board of Trustees desires to resolve the pending litigation
with the Village of Port Chester titled Village of Rye Brook, Plaintiff u
Village of Port Chester; Defendant, Supreme Court, State of New York,
County of Westchester, Commercial Division, Index No. 56702/2016
(Honorable Alan D. Scheinkman) concerning the Fire Service Agreement
between the Village of Rye Brook("Rye Brook") and Village of Port Chester
("Port Chester") dated February 13, 2013; and
https://ryebrook.civicweb.net/document/11317 1/3
3/27/2018 Board of Trustees-Special Meeting-01 May 2017 @6:00pm-Minutes-Adopted
WHEREAS, the parties to this litigation, Rye Brook and Port Chester, to
avoid the uncertainties and cost of continued protracted litigation, desire and
intend to resolve any and all disputes between them relating to the Fire
Service Agreement and (the "Agreement"); and
WHEREAS, to implement this Settlement, the Board of Trustees wishes to
adopt this Resolution authorizing the Village to enter into a Settlement
Agreement with the Village of Port Chester.
NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees, hereby
authorizes the Mayor to enter into a Settlement Agreement resolving the
above-referenced litigation, and in connection therewith, sign the Agreement
and any and all other documents related thereto; and
BE IT FURTHER RESOLVED, that the form and sufficiency of the
Settlement Agreement and other documents to be signed shall be subject to
review and approval by the Village Attorney.
CARRIED.
For Against
Susan Epstein (Seconded By) x
Jason Klein (Moved By) x
Jeffrey Rednick x
Paul Rosenberg x
4 0
b) Authorizing the signing of a settlement agreement resolving the Village of
Rye Brook v Village of Port Chester Fire Service Litigation
Mr. Bradbury read the resolution:
RESOLUTION
AUTHORIZING THE MAYOR TO TRANSMIT A LETTER TO PORT
CHESTER REGARDING RYE BROOK'S INTENT TO NEGOTIATE
A SUCCESSOR FIRE SERVICE AGREEMENT
WHEREAS, the Inter-Municipal Agreement between the Village of Rye
Brook and the Village of Port Chester for fire protection services (the "Fire
Services Agreement") expires on May 31, 2018; and
WHEREAS,the twenty-third (23rd) paragraph of the Fire Services
Agreement states that `Port Chester and Rye Brook will each endeavor to
https://ryebrook.civicweb.net/document/11317 2/3
3/27/2018 Board of Trustees-Special Meeting-01 May 2017 @6:00pm-Minutes-Adopted
notify the other of their intentions regarding negotiation of a successor
agreement at least one year prior to the expiration of this agreement. "; and
WHEREAS, the Board of Trustees of the Village of Rye Brook intends to
negotiate a successor agreement for fire protection services once a settlement
agreement is executed (the "Settlement Agreement") resolving the pending
litigation with the Village of Port Chester titled Village of Rye Brook, Plaintiff
u Village of Port Chester, Defendant, Supreme Court, State of New York,
County of Westchester, Commercial Division, Index No. 56702/2016
(Honorable Alan D. Scheinkman) concerning the Fire Service Agreement
between the Village of Rye Brook and Village of Port Chester.
NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees, in
accordance with the twenty-third (23rd) paragraph of the Fire Services
Agreement, hereby authorizes the Mayor to notify the Village of Port Chester
of the Village of Rye Brook's intent to negotiate a successor agreement for
fire protection services after the Settlement Agreement is executed.
For Against
Susan Epstein (Seconded By) x
Jason Klein x
Jeffrey Rednick(Moved By) x
Paul Rosenberg x
4 0
https://ryebrook.civicweb.net/document/11317 3/3