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HomeMy WebLinkAbout1984-03-13 - Board of Trustees Meeting Minutes (2) - 3 i lr, Village of Rye Brook and Village of Port Chester are listed as additional insureds in such policies. The insurance policies shall contain apro- vision that Rye, Rye Brook and Port Chester shall receive thirty days' advance notice, in writing, of any alteration or cancellation of all or any part of such insurance policies. d 9. The Ambulance Company will indemnify and save harmless the City of Rye, Villago of Rye Brook and Village of Port Chester from any and all liability, loss, damage or costs arising out of the services rendered, or to be rendered, hereunder and it expressly agrees to defend any suit against Rye, Rye Brook and Port Chester arising out.of such services, but I�. It is provided that nothing contained herein shall relieve Rye, Rye Brook and Port Chester from liability for injuries or damage due to its own negli- gence or that of its agents and employees, - 10. None of the parties herein shall be responsible for failure or delay in the performance of any obligation hereunder caused by labor dis- turbances, fire, earthquake, war, insurrection, interference by civil or military authorities, flood, storms, transportation embargoes, or any other cause whatsoever not within its control and which by the exercise of due diligence it is unable to overcome, or-of the nature or class commonly am- braced in the phrase "Act of God", whether or not one of the causes herein- above enumerated. - 11, A breach of the terms and conditions of this agreement shall constitute grounds for the termination of this agreement. Notice of termina- tion shall be In writing; it must contain the grounds for termination; and it must be given thirty days prior to suchtermination, during which period the Ambulance Company shall have the right to remedy such breach. Repetition of a breach of the terms and conditions of this agreement after notice and after the remedy period has expired will be grounds for termination of the agreement. This agreement is subject to the provisions of Article 30 of the Public Health Law of New York. Any statement or provision contained herein which is inconsistent or contrary to said provisions of Article 30 shall be null, void and unenforceable to the extent that it fails to conform to the provisions of said Article 30. 12, In consideration for the performance of the emergency ambulance service and the emergency life support service, as described above, the Ambulance Company shall be paid at the rate of $45.23 per hour for the period February 18, 1983, until May 31, 1984, and $47.94 per hour for the period June 1, 1984, until May 31, 1985, for at least two men and the � � ambulance vehicle. These charges shall be paid at the end of each month 4 upon the presentation of a voucher or claim for the same by the Ambulance Company to each municipality, and Rye, Rye Brook and Port Chester shall each pay one-third of said monthly charges within ten days thereafter. t 13. This agreement shall be for the period from February 18, 1983, until May 31, 1985, unless terminated by any party hereto by giving ninety days' prior written notice to the other parties. Such termination may be without cause or Justification. . 14. Itis understood between the parties hereto that the collection I of fees to be charged for services performed under this agreement will be the responsibility of Rye, Rye Brook and Port Chester, or their designated repre- sentative, and the Ambulance Company shall not bill or collectany fees from patients for such services. The fees for such services to patients shall be j determined by Rye, Rye Brook and Port Chester, and it shall not affect the compensation provided for in this agreement. It is the intention of the par- ties hereto that at the request of Rye, Rye Brook and Port Chester, the United Hospital will do the billing to andcollectingfrom-patients forthe-ambulance services on behalf of Rye, Rye Brook and Port Chester, and itwill remit the proceeds thereof by sending one-third thereof to each of said.municipalities.. 15. This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto on the day and year first above written. CITY OF RYE R*OKBy �/ \I XBCity Manager VILLA F P'oIR(T\C ES ABBEY RICHMOND AMBULANCE y \ ; SERVIC , INC. B}r r — 11 �CZcva'r/HJ V liege Manager _ By President i t 2. CONTINUATION OF PUBLIC HEARING ON BOWMAN AVENUE NO PARKING - NO STANDING The ordinance will be prepared. 3. RESOLUTION OF FIRE CONTRACT Public Hearing. Trustee Harris expressed concern, having had some discussion with Ms. Kramer about an interim report that the Judge in administrative hearings recommended that the ' Water Company get a 9.1% rate hike and also recommended that they be permitted to pass on the cost of water unaccounted for, up to 26.4%, which is about 95% of the 28% they say they cannot account for. He felt that Mr, Kramer should enter into the argument and that the law firm of Seham, Klein, Zelman be notified that 26.4% is not realistic, and appeal the decision of last water. The Mayor said that the attorneys usually send a recommendation but we have not yet heard from them. Trustee Harris also asked if we were going to take a positio4n the matter of fines for burglar and fire alarms which were being considered by Port Chester. Trustee Meiskin said that we should first find out what is involved. The Mayor said he would be speaking to P.C. Village Manager Mike Ritchie the next day and would try to get more information. There was a question on the status of Crime Watch. The Mayor saidthatthe first meeting of the Neighbor- hood Watch Program would be held in District 7 - the Country Ridge area - more people having responded from , that area. At 8. 35 pin the Mayor requested permission to adjourn the meeting, to go into executive session for recommendations from counsel. On the. recommendation of the Village Attorney, On the motion of Trustee Meiskin, seconded by Trustee Zak, RESOLVED that the Mayor be authorised to sign the following agreements with the Town of Rye, after - approval by the Rye Town Board, Trustee Meiskin voting AYE r- .- ._.._.. Trustee Nardi voting AYE Trustee Harris voting AYE Trustee Zak voting AYE Mayor Kabcenell voting AYE LEASE - 10 Pearl Street The parties acknowledge that an agreement was entered into on May 9, 1983 to be effective June 1, 1983, by and between the Town and the Village, concerning the leasing of certain areas of the Town Office Building at 10 Pearl Street, Port Chester, New York, to the Village. The Town and Village hereby agree to extend the term of said lease and make it of Cectivo to May .31, 1985; and further agree that the Village shall have the option to renew the lease on the same terms and conditions until May 31, 1980. - Written notice of intent to renew shall be given by the Village to the Town on or before April 1, 1985. A copy of the lease agreement is annexed hereto as Schedule A. TOWN OF RYE by Donald Gioffre, Supervisor VILLAGE OF RYE BROOK by Jack L. Kabcenell, Mayor LEASE AGREEMENT, made effective June 1, 1983, by and between the Town.. of Rye (hereinafter referred to as "Town"), and the Village of Rye - Brook (hereinafter referred to as "Village"). The Town hereby leases to the Village the following areas in the building known as 10 Pearl Street, Port Chester, New York: The area commonly used by the Police Department which is 1833 square feet. The area commonly used by the Building Department which is 600 square feet. The parties acknowledge that: the total square footage of the building including the basement is 16,989 square feet; and the total square footage of the building excluding the basement is 12,028 square feet; and the average is 14,907 square feet. The rental shall be determined by the following formula:. square -- footage used by the Village divided by 14,907 x the actual operating costs of the building (square foot used by Village 1 —,J x actual operating costs). Said fraction is hereinafter referred to as the "Village's proportionate share." Operating casts of the building shall be de- fined to include the custodial services, insurance, maintenance costs and the cost of untilities, including only water, gas, oil and electri- city. Di Betts, J. Police 5 Giordano, R. Highway Hal lengren, 0. Plumbing Inspector Martinetti, A. Highway Mc Ginty, T. Police Pace, P. Highway Peterson, W. Recreation Romanello, D. Police Russo, A. Police Vaccaro, S. Police Vespia, L. Highway Sandarciero, J. Highway BONDS, The parties acknowledge that bonds for the resurfacing of highways and for payment of tax certioraris are currently the obligations of the Town of Rye which had been charged to the residents of the unincorporated area prior to the incorporation of the Village of Rye Brook. A complete schedule of said obligations is annexed hereto. The Town represents that there are no other financial instruments issued pursuant to the local finance law For which the Village, or the residents of the Village, are responsible, and that there are no other obligations, debts or charges, which will be charged to the residents of Rye Brook by the Town of Rye by taxing said residents on a part-town basis (except, this agreement shall not affect the rights, if any, of the Town to collect from the Village or its residents for certain obligations which are the subject of a lawsuit entitled "Gendalia et al v. Gioffre et al". . The Village intends to assume responsibility for payment of the existing obligations as listed in Rider A, provided that there is legis- lation authorizing the Village to assume the debt, and bond it over a fifteen (15) year period. The Town and Village shall cooperate in seeking legislation authorizing the Village to assume said obligations and bond them over a fifteen (15) year period. TOWN OF RYE by Donald Gioffre, Supervisor VILLAGE OF RYE BROOK by Jack L. Kabcenel.l, Mayor RIDER A 6/1/84 84/85 84/85 Date Due Number Balance principal Due Interest Due % 1/12/85 916/993 56,500 4,000 3,333.50 5.90 1/21/85 918/996 95,000 7,000 5,747.50 6.05 2/18/85 919/998 56,000 4,000 3,326.40 5.94 2/16/85 919/999 52,450 4,000 3,115.53 5.94 2/17/85 920/997 102,500 7,000 5,996.25 5.85 3/24/84 921/973 64,800 4,000 3,687.12 5.69 1/06/85 942/991 70,000 14,000 4,186.00 5.98 TOTALS 497,250 44,000 29,392.30 TOWN GARAGE. AGREIMFNT, made this day of March, 1984, by and between the - Town of Rye, a nam icipal corporation in the State of New York, with offices at 10 Pearl Street, Port Chestor, Now York (hereinafter called the Town); and the Village of Rye Brook, a municipal corporation with offices at 111 South Ridge Street, Rye Brook, New York (hereinafter called the Village.) - MCREAS, the Town has title to the property which is hereinafter described called the Town Gzirage, and MIERGAS, the Village has made claims of right to said property; and WHEREAS, the dispute as to title to the Town Garage has not yet been resolved, NOW T1f1:REfORli, the Town agrees to lo;ise the Iowa Garage to the Village ' for a period of fifteen (15) years. 'Iho Village shall have the option to renew the lease on the same terms and conditions for an additional ten (10) year period provided that written notification of intent to renew the lease is given six (6) months prior to the termination of the initial fifteen (15) year period. The Village shall pay all the costs of maintaining and operating the Garage, and shall pay rent of one ($1.00) Dollar per year to the Town. In addition, the Village shall provide at no cost to the Town, storage for the Town's election machines. The Town will pay the costs of capital expenditures. This Agreement is made without prejudice to the rights of either . party to seek a determination of ownership or exercising of other claims with regard to said property. -- TOWN OF RYE _ by Ikmald Gioffre, Supervisor VILLAGE OF RYE BROOK by Jack L. Kabcenell, PViyor U.A. COLUMBIA FRANCHISE. *MREAS, the Town of Rye executed a Franchise Agreement dated October 1, 1981, with UA Columbia, for the purpose of providing a non- exclusive franchise of.cable television service for the former unicorp- orated area of Rye Town; and WHEREAS, the Village of Rye Brook incorporated in July of 1982 along the lines of the former unincorporated area; and M MREAS, the Town and Village desire to have the Village assume control and supervision of the cable franchise; and WlEREA.S, the Town of Rye had instituted a Cable Committee to assist - the Town in administering the cahle franchise; NOW T1rREFORE Bll TT AG18ED, tho the Town of Rye :nd the Village of Rye Brook will work together to assign Lhe franchise agreement and, if necessary, petition the New York State Cable Commission and the Federal Commimications Commission for an assigmmcnt of the franchise agreement from the Town to the Village, and hereby agree to utilize the 1984 franchise fee for any costs and disbursements that may be involved; and further the Town of Rye and the Village of Rye Brook hereby agree that for the duration of the existing franchise agreement, the Supervisor of the Town of Rye will have one appointment on any Cable Television Commission or Committee that is set up to assist the Village of Rye Brook in the administration of the franchise. - The Town and the Village hereby agree to work together to resolve this matter, and the Supervisor of the Town of Rye and the Mayor of the Village of Rye Brook are hereby authorized to enter into any agreement, or sign any papers to effectuate same. TOWN OF RYE by Donald Gioffre, Supervisor VILL4GE OF RYE. BROOK by Jack L. Kabcenell, Mayor The meeting was adjourned at 11. 35 p.m.