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HomeMy WebLinkAbout1993-10-28 - Board of Trustees Meeting Minutes i AGENDA I VILLAGE OF RYE BROOK BOARD OF TRUSTEES REGULAR MEETING OCTOBER 28 1993 6:00 P.M. PLEDGE OF ALLEGIANCE A TIO PUBLIC HEARINGS 1. CONSIDERING AGREEMENT FOR FIRE DEPARTMENT SERVICES WITH THE VILLAGE OF PORT CHESTER 2. MERRITT& HOLBY, INC. 200 SOUTH RIDGE STREET RYE RIDGE SHOPPING CENTER DRIVEWAY INTERCONNECT 3. MERRITT & HOLBY, INC. RYE RIDGE SHOPPING CENTER SITE PLAN AMENDMENT FREE STANDING SIGN 4. MOBIL OIL CORPORATION RIDGE STREET/BOWMAN AVENUE PROPOSED WALL SIGN I RESOLUTIONS 5. BUDGET MODIFICATION POLICE DEPARTMENT 6. CHECK REGISTER APPROVAL OF MINUTES 7. AUGUST 18, 1993 I i i WRITTEN COMMUNICATION PHILIP J. GASPARINI, PRESIDENT PORT CHESTER HIGH SCHOOL MARCHING BAND ASSOCIATION RE: REQUEST FOR SIGNAGE ***ITEMS FOR NOVEMBER 9, 1993*** PUBLIC HEARINGS 1. DR. STEVEN KLEIN 81 BOWMAN AVENUE SPECIAL USE PERMIT 2. PROPOSED INTRODUCTORY LOCAL LAW #7-1993 ENTITLED: SOLID WASTE AND RECYCLING RESOLUTIONS SETTING PUBLIC HEARING DATE ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R LOT - MAINTENANCE AREA 074985 MINUTES OF THE REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK 10573 OCTOBER 28, 1993 r` CONVENE MEETING The meeting was called to order at 6:20 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. Present were the following members of the Board: Mayor Salvatore M. Cresenzi l Trustee Michele Daly I Trustee Joseph Pellino Trustee Randy A. Solomon r Trustee Gary J. Zuckerman 4 B Also present were: j Christopher J. Russo, Village Administrator 'y Lori Ann DeMarco, Ass't to Village Administrator F Rocco V. Circosta, Director of Public Works Robert J. Santoro, Chief of Police Kenneth E. Powell, Village Attorney Thomas Gissen, Planning Consultant Laura L. Nethercott, Secretary to the Village Administrator Village Treasurer, Joseph Cortese was not in attendance at this meeting. 1 October 28, 1993 PUBLIC HEARINGS Mayor Cresenzi informed the public that three of the Public Hearings that were scheduled for this evening have been cancelled until the November 9, 1993 meeting due to the fact that the applicants did not give the required notification to the residents within a 500 foot area. However, we may still have discussion, but there will not be a Public Hearing. Mayor Cresenzi asked Mr. McCullough, attorney for Merritt and Holby to address any concerns that the residents may have. Mr. McCullough stated that his firm is representing Merritt and Holby in relation to their t application amending their site plan for the new portion of the shopping center. In June of 1992 the Board of Trustees adopted a resolution granting site plan approval in relation to this i project. A provision of the resolution directed the applicant to submit a proposed amendment to this site plan showing an interconnect between the existing center and the new center. That interconnect has been designed and reviewed by the Planning Board. Frederick P. Clark Associates summarized the Planning Board's review and recommended approval by the Board of Trustees of the interconnect subject to some minor changes that were requested. The changes included a provision for a fire lane adjacent to the new sidewalk that is proposed to be located east of the bank drive thru lanes. Also proposed are a yield sign at the top of the ramp, a provision for additional guard rails, and as recommended, cross easements between the two parcels. Mr. McCullough stated that even though the parcels are owned by the same entities, there was concern over one of the parcels being sold and he informed the Board that those changes have been incorporated into the plan. They are also amenable to the cross easements which his office will prepare in draft form and submit to r Attorney Powell for his review prior to the November 9, 1993 meeting. EMr. Tony DeAndrea, site engineer for the Merritt and Holby project stated that highlighted on the plan is the indication of the drive thru connector with the sidewalk running down the west side of South Ridge Street. There will be a pedestrian guard rail to protect pedestrians going down the slope and they have a painted pedestrian crosswalk allowing pedestrians to walk up the island aild back to the front of the main shopping center. Existing parking will remain. Additional improvements will be made to the sidewalk to widen it and move the landscape back to facilitate pedestrian access down the hill. There is sixteen inches of street that is on the side of the hill which will be preserved. It was determined that this was the safest place for the sidewalk to allow the pedestrians to walk between the two facilities rather than to ask them to walk along the high traffic volume on South Ridge Street. In conclusion, there is ample signing by legend restriction parking along the side of the island yield signs, and do not enter signs for trucks. Trustee Daly asked if he knew what was going on with the traffic light. Mr. McCullough stated that he discussed improving the pedestrian signals at Bowman and South Ridge Street with Raymond Keys Associates. Trustee Daly asked if the center would be allowed to open prior to the light being installed. 2 October 28, 1993 UU7 Mr. Holby informed her that all the equipment has been ordered and that it would be just a matter of a few days before they start to work on that. Trustee Daly asked how does that work. Rocco Circosta, Director of Public Works stated that it was a condition of site plan. Trustee Pellino asked if the County would install it. Mr. Circosta informed him that the private contractors would install it. Trustee Zuckerman asked if Mr. DeAndrea could show how the traffic goes from one center to the other. Mr. DeAndrea illustrated that the traffic would be moving from the North to the South. The traffic would come up the driveway interconnect, move down the center isle and access the exit of the new building directly opposite Ellendale Avenue. Mr. DeAndrea explained that it eliminates the existing driveway, which is a much needed safety control. A resident inquired if there was an overhead traffic light in the street. fMr. DeAndrea answered yes, there is. Another resident asked if the existing exit and entrance for the bank will remain. Mr. DeAndrea replied that the entrance and exit would be totally eliminated. Terry Mitchell asked if there was one way traffic on the interconnect. Mr. DeAndrea replied that it would be two way traffic. A resident asked how many exits it would consist of. Mr. DeAndrea informed him that there would be a two lane exit which would allow in the center a left turn or straight across and a right hand turn lane. Mr. DeGiacomo of 234 South Ridge Street asked if the traffic was going to be changed on Ellendale Avenue. He suggested that West William Street be made a one way down to Lyon Street because the traffic is so bad. Administrator Russo informed Mr. DeGiacomo that the light should make that situation better because people will try and go to the signal light. 3 October 28, 1993 0041998 Mr. DeGiacomo questioned if there is a stop sign on the exit coming into Ridge Street as the one near the bank at Washington Park has no full stop sign. He also asked what the rate of traffic is on Ridge Street and if it could be changed at the intersection of Bowman to the entrance of Rye, because the traffic is going to fast. Mayor Cresenzi informed Mr. DeGiacomo that they can change the rate of traffic on any street in the Village and that it would have to be reviewed by the Traffic Commission and the Police Department and then a recommendation be made back to the Board. The Traffic Commission and the Police Department will look into it and if they see fit it will be changed. l Mr. DeGiacomo asked what the speed limit was on Ridge Street. k Chief Santoro told him it was 30 mph. Mr. DeGiacomo requested that a full stop sign be place near the bank. `r Mayor Cresenzi asked Chief Santoro how enforceable that idea was. Chief Santoro stated that they could put a stop sign as long as it crosses a Village or a County Road. It could be something the Traffic Commission could also look into. Mayor Cresenzi agreed and stated that as long as they are looking into the West William d issue they might as well review the stop sign issue from the bank out onto Ridge Street. i Trustee Pellino asked if it was possible to get the Traffic Commission to look at both of those issues and notify Mr. DeGiacomo when it is on the Traffic Commission's Agenda. Administrator Russo agreed. Trustee Solomon asked the Mayor if we can study the traffic in the Highview west area as well. He thought this to be necessary because people are coming through that area using it as a short cut to the shopping center. Mayor Cresenzi stated that would constitute a professional study rather than just studying the flow of traffic on one street. He asked if what Trustee Solomon was saying was to review the traffic from Westchester Avenue in a southerly direction. Mayor Cresenzi informed Trustee Solomon that it would call for a professional study or go to an RFP. Trustee Solomon stated that from what he's hearing he thinks that we may need one. Mayor Cresenzi stated that the Board could discuss this however we have to take one issue at a time as we have gotten off course from our original topic. Trustee Zuckerman asked Mr. DeGiacomo if he discussed this traffic situation with his neighbors. Trustee Zuckerman suggested to Administrator Russo that when this matter comes on for the Traffic Commission Agenda that the entire neighborhood be alerted. 4 October 28, 1993 0 U 9 8 Mayor Cresenzi stated that he didn't think we should get into a direct mailing situation and that it would be in the newspapers and on Cable TV. The Mayor suggested that Mr. DeGiacomo contact his neighbors. Resident Vinny Lyons stated that on the original site plan for the new shopping center he was led to believe that a wall or fence would be installed. Now, he informed the Board it is not on the plan. Mr. DeAndrea answered by saying that the site plan indicates an environment for 170 feet of retaining wall. The wall is a structural element which allows the grating that is necessary to allow them to get into the back of the building. On top of that wall is 130 feet of wooden screen fencing, 5.5 feet high. From the end of that wall is approximately 50 feet of fence. East of the Highview Avenue right of way there will be landscaping in the form of 12, 6 1 inch caliber maples at 10 foot centers at one portion. The remaining portion will be hemlocks 5 to 6 inch caliber planted at 10 foot centers as required by the site plan approval. There is a gap of approximately 130 feet where there is no fence or wall. A wall is not required because the grating does not require it. In those 130 feet there will be a variety of landscaping in the form of mature arched trees to provide the screening. There will be maples and hemlocks but no fence. IA resident stated that previously, there was a building there that had no fence and the cars used to go through and make tire tracks. The bowling alley put a large bolder there to prevent that from happening. The resident stated that he would hate to see that happen again. Mr. Holby stated that they could put some sort of barricade or landscape boulders. kTrustee Daly asked the residents if they wanted it fenced in, she thought that aesthetically, it j would look nicer. r Mr. DeAndrea stressed that the plan that they have here tonight has been approved, however they will do something that will prevent cars from driving through. He mentioned that he figured the maples and the hemlocks would give it a better appearance. Terry Mitchell asked if the main entrance would.be steeper and more difficult for the trucks to enter. Mr. Holby informed her that the big trucks would come in the front entrance of the shopping center in the morning and go in a westerly direction to the loading dock. Ms. Mitchell asked if that would be altered in any way? She then asked, are they going to have a hard time with this new access? Mr. Holby told her that he spoke with the truck drivers and they're not going to use that access. Trustee Daly asked if they could put a sign limiting the tonnage? 5 October 28, 1993 0049,9u Mr. DeAndrea informed Trustee Daly that the radius that is on the driveway precludes the access by that type of trailer. A resident asked how high the curbing was? Mr. DeAndrea stated that the curb was only 6 inches but they would not be able to make the radius on that turn. Terry Mitchell stated that when the trailer trucks are making their deliveries they come through the bank parking lot and down the alley between the two shopping centers. She asked if they are still going to be able to do that without difficulty once the interconnect is there. Mr. Merritt stated that he was concerned about this so he spoke with several Finast truck drivers they said the only way they will be able to come in is the main entrance to the w shopping center past the bank and then out Bowman Avenue. Mayor Cresenzi asked if there were any comments from the floor. Trustee Zuckerman asked if on the slope of the interconnect and the radius, what kind of problems are foreseen on an icy day for vehicular traffic going up and down the interconnect. Mr. DeAndrea stated that they have about an 8% slope on the majority of it and this is a very key element of the design. It will be plowed and cleaned immediately and as long as it is maintained he doesn't expect any problem, 8% is fine for that type of access. Trustee Zuckerman then asked if he thought there should be any special ribbing in the concrete. Mr. DeAndrea replied no. Trustee Daly asked if he knew what the radius is now for the slope by the bank so they could get an idea of what it would be? Mr. DeAndrea said he didn't have it now but they are reaching a lower elevation inside the parking lot and a longer run coming straight up. They flattened the slope from where it is by making it longer. Mr. DeGiacomo questioned, in comparison to the bowling alley, if the new parking lot will have more parking spaces. Mr. Holby replied that there will be relatively the same amount as what was there before. Mr. DeAndrea stated that the parking spaces have fulfilled the requirments set by the Village Code. 6 October 28, 1993 0 0 4 9 ,1. Mr. McCullough stated that for retail shopping they are well within the guidelines set by the Village Code. Mayor Cresenzi told Mr. DeGiacomo that Mr. McCullough will supply him with the specifics of the dimensions of the parking spaces. A resident asked Mr. Merritt if he could put a stop sign up in the back of the shopping center near the florist. Mr. Merritt told the resident that he would put up such a sign. The Mayor reiterated that due to a mix up this is just a discussion and the Public Hearing will be held on November 9th. Mr. McCullough stated that concerning the new sign, it is on the Bowman Avenue side which has already received approval from the Planning Board. He added that he will have a rendering of that on November 9th. Mayor Cresenzi stated that prior to tonight's meeting Frank Lanzilli handed Trustee Daly a petition regarding the future development of the 6500 square feet in the lower level of the new shopping center. Mayor Cresenzi added that it is basically saying that they would rather see an evaluation done on the impacts of the area of the shopping center as proposed before any ideas are entertained for additional space on the lower level. Mr. Lyons stated that they are opposed to any new development in that area. He added that this building does not add any aesthetic value to there homes and the residents will be impacted by the traffic, noise and the environmental situation that it will bring about. Mayor Cresenzi gave the petition to the Village Clerk so that it would be entered into the record and stated that the real problem is that you have a residential use directly abutting commercial use and the zoning has been there for years, they don't mix. We will try to minimize the impact as best we can. Resident John Sabia said that there were measures that could have been taken. For example rather than raise the grade take out ten feet. Mayor Cresenzi disagreed, and stated that the rear elevation of the building is determined by the first floor elevation on Ridge Street which is controlled by the gradient or the drop of the driveway. If you lowered the building 10 feet in the rear, the side would have a much steeper slope. Mr. Sabia stated that prior to the finalization of the building there should be a model. 7 October 28, 1993 ()0 9 a 2 Mayor Cresenzi stated that he was not in favor of that idea. The building is 10 feet lower now than is allowed by code, the developer could have built that building 10 feet higher it's 32 feet high now and could have been 40. There were things discussed throughout the whole planning process to try and minimize the impacts on the neighborhood Mr. Lanzilli stated that two weeks ago in the back of the building there were two windows and now there are eight. He thought the neighbors should have a little more privacy. Mr. Circosta stated that if the windows do not conform to the drawings there will be a problem. If there is a non conformance, then they have to seek approval or remove them. Mr. Merritt stated that there was a hallway and the contractor said that he thought it would be a lot nicer for the neighbors. Mr. Holby added that if it bothers them the contractor will remove them. Trustee Solomon asked Mr. Merritt and Mr. Holby if they could please review what is happening with the trees along the back of the shopping center, roots have been severed. He asked that they please review this because the trees are in danger of dying and that is the h only buffer between the residents and the shopping center. f Mr. Merritt stated that he will look into it. w Trustee Pellino questioned Tom Gissen as to the Board receiving a copy of an environmental short assessment form dated August 6, 1992. The form refers to this project, now that we're potentially making this alteration to the site plan even though it is a condition of final site plan. He questioned, if a separate short environmental assessment form is necessary prior to the construction of the interconnect? i Mr. Gissen stated that the interconnect is not actually a new application it was a condition of approval on the original application. The condition was for submission of a plan, as to whether that holds true in the old short form, he's not sure but will look into that. Trustee Zuckerman asked when the plan was first approved? Trustee Pellino informed him that it was June of 1992. Trustee Zuckerman then asked if this is separate short form that is relating to the entire center rather than to the interconnect, and the description of the use of the lower space of the building includes an aerobic space and a Gymboree. Trustee Zuckerman questioned what bearing does the environmental assessment form have on the description of the lower level and if Mr. Gissen could look into that. Mr. Gissen said he would look into it. However when the applicant originally came before the Planning Board they came back with the Gymboree, a health care center and the interconnect all at once. Those were broken apart because the health care idea was problematic and raised additional concerns because of the hours of operation. 8 October 28, 1993 004993 Mr. Merritt stated that they felt that they should deal with the interconnect first, but at the time they filed the Environmental Assessment Form these were all proposed uses and you are supposed to disclose those each time you take an action. Mr. Lyons asked if the Village has a noise ordinance? He asked if someone could ask to have the construction stopped by 10:00 pm. He called the job twice last night because some one was fixing a sledge hammer. After the police came and left, the construction worker continued until 11:00 pm. The Mayor informed Mr. Lyons that the Board passed an ordinance dealing with construction noise. It was arguable if that was construction or repair work. Repair work can continue until 10:00 pm. Mr. DeGiacomo asked why he wasn't notified by mail of any of the past public hearings. Mayor Cresenzi informed him that only recently did they extend the resident notification to 500 feet. Prior to that it was 200 feet and he most likely was not in that radius. On Motion made by Trustee Solomon, seconded by Trustee Daly, the hearings were adjourned to the November 9, 1993 meeting. f TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Trustee Pellino asked Mr. Circosta if the freestanding sign application for site plan approval states that the property does not connect directly into a State or County Highway. Trustee Pellino added that he_thought it should be the opposite way because it does connect into Bowman Avenue. Trustee Pellino believes that part of the application must be corrected, f additionally the copy he received in the packet from Merritt and Holby is not signed by anyone. Mr. Circosta stated that there was an unsigned copy as well as a signed copy in all the applications in the packets. Trustee Pellino stated that they recently enacted a sign ordinance and the freestanding sign has a maximum size of 20 square feet allowable. According to a diagram in the packet the sign face is listed as 72 X 48 which is 6 feet by 4 feet, therefore 24 square feet. Trustee Pellino stated that he would like the applicant to come into compliance. He believed that it is not a lot but he still would like it to come into compliance. Mayor Cresenzi stated that is a difference of 4 square feet and added that he didn't think that was an unreasonable request. 9 f October 28, 1993 004934 Mr. Merritt stated that after the Planning Board approval he thought he was finished. He informed the Board that he told the sign builder to build the sign and it's almost completed. Trustee Pellino apologized, however added that this is the law. Mr. Merritt stated that he submitted it to the Planning Board and the Architectural Board of Review and they approved it. Trustee Zuckerman stated that when they referred this to the Planning Board he made note of it and that the Planning Board should be aware that the sign law was passed and in effect and that any sign should be in compliance. 1. CONSIDERING AGREEMENT FOR FIRE DEPARTMENT SERVICES WITH THE VILLAGE OF PORT CHESTER Mayor Cresenzi reconvened the meeting that has been going on for several months on the Fire Contract with the Village of Port Chester. I Trustee Pellino stated that everyone received the new contract with the modifications. The part about the joint study has been removed as we requested and the second part of paragraph 13 has also been removed also as we requested. He added that the contract has been corrected and resubmitted and is to his satisfaction. However, we have not been able to generate the dialogue with the Village of Port Chester on the future of fire services. The whole issue of creating a formula for payment for fire services was on the basis of going forward. He's very disappointed that we have not been able to arrange the meetings with our liaison group. However, he continued, I don't believe that should be any reason not to move forward with the ratification of this contract. We should continue to try to get Port Chester to come to the table. Trustee Solomon asked Administrator Russo if he has had any dialogue with the Village of Port Chester since the last hearing on this subject? Administrator Russo stated that this has been the only communication and it was through George O'Hanlon. Trustee Pellino informed Trustee Solomon that since the last hearing he has had one communication with a Port Chester Board member who was on the liaison committee. She said he would be hearing from that committee and they would notify him in a few days. This was the day of the Columbus Day Parade and he hasn't heard anything to this date. Trustee Solomon stated that there have been several unofficial conversations with members of the Port Chester Board, however nothing formal has been discussed. If this is the case, he does not wish to ratify this contract or continue a public hearing at this time without formal conversations with Port Chester. If they both talked that would give him incentive to ratify this contract. I I I j 10 October 28, 1993 Trustee Zuckerman stated that he was still bothered by a couple of items in the contract. He knows that we asked Port Chester to remove a couple of provisions. Firstly, it was his understanding that we are receiving an increase this year basically for the purchase of a fire truck. In fact, in the minutes of August 18, the question was raised as to why there was any increase this year over last year. Administrator Russo informed Trustee Zuckerman that, that reason was one of the issues they stated when we did meet with them. I'm not saying that it was the only reason they moved forward and purchased one of the two fire apparatus that they told us they were replacing this year. Trustee Zuckerman stated that at the time of the original increase that fire truck was not purchased. He added that the fire truck was proposed and questioned if the actual payment of the truck would not occur for some time in the future. Administrator Russo said he didn't know how they worked out their financing but you are correct it was not purchased or even bid at that point. Trustee Zuckerman stated that he also objects to the inclusion in the contract of the provision that we should participate in capital improvements. This is basically an operating contract and I think it should be left as an operating contract. A provision for a fire house was removed and if there is a catastrophic loss of a fire truck it undoubtedly will not have to be bought or paid for until the next fire service year. Trustee Zuckerman stated that he is concerned over the lack of negotiations regarding the new method of determining Rye Brook's share of the cost of fire services. The fact that there has been no ongoing discussions indicates to him a complete lack of interest on the part of the Village of Port Chester. I really can't blame Port Chester, if we should negotiate most likely the view point is that Rye Brook would be paying less money for any future contracts and the only way that Port Chester would receive any benefit would be if they reduced there overall cost of fire services. It is my understanding that they do not choose to reduce the number of fire houses, men or equipment, ig fact, our contract so provides that the Village of Port Chester intends to maintain its same equipment and that the Village of Rye Brook shall have no voice in the operation of the Port Chester Fire Department. Trustee Zuckerman added that he is not in favor of renewing the new contract at the new rate pending the resolution of these issues. Mayor Cresenzi stated that he agreed with all of the Boards comments. However, if they remember in January or February of this year just prior to our one large meeting with the E Village of Port Chester, I commented that there is no incentive for the Village of Port Chester to come and negotiate with us. They know that and we found that out by doing our fire study that our options are very limited unless we wanted to spend a significant amount of money far in excess of what we are currently paying. I think that through negotiations we can get a better deal. My real concern, the Mayor said is public safety, we have a responsibility to the residents to provide fire service. We have to separate out our feelings of being neglected from the contract, I think that we should approve the contract as it is. If we need to enlist the support of the newspapers to try to get the meetings to move forward then we should do so. For the safety of our residents we should approve the contract. c �� 11 October 28, 1993 1 T Trustee Pellino stated that he agreed with Mayor Cresenzi. Trustee Daly mentioned that we decided to make this a one year contract for that reason. Mayor Cresenzi added that after a year they don't have any place to go, we have to negotiate and it takes two to negotiate. Our side has always been willing, it's the other side. If Port Chester comes to the table to talk, it will mean a reduction in payment, it will cost them money to sit down so there is no reason to sit down. Trustee Daly stated that before the election when we first started talking about fire service we discussed the topic with the now Mayor Branca, he and she discussed the topic quite heatedly and she thought that he was going to jump right on this. Trustee Daly added that she is very surprised that he hasn't made any effort to negotiate. Trustee Solomon said that this is all speculation as to whether they have incentive to come and speak with us and negotiate with us. I can not see the Village of Port Chester wanting to see relations with the Village of Rye Brook deteriorate to the point where we would have to go on our own for fire service. i Mayor Cresenzi told Trustee Solomon that we can't go on our own for fire service. The best thing that could happen for Rye Brook and Port Chester is to stay together. A review of the Fire Service that benefits both Rye Brook and Port Chester, the equipment and the houses and if there are savings those benefits would benefit both communities. Right now what we're talking about is that Port Chester has not been responsive to an overall comprehensive study of the services both to Rye Brook and Port Chester. Trustee Solomon stated that the difference between the new and the old contract is that roughly 6 1/2 percent is incentive to get Port Chester to come to the table and talk about it. If we could maintain the payments we have been maintaining for the old contract then let them come to the table and talk to us. Then we would get the issues on the floor to be discussed which would get a contract that we can all live with. At this time I am not ready to ratify that contract. We're not talking about terminating service or putting our Village in jeopardy of their fire service we're talking about putting this on hold until we can come to the table and talk. Trustee Daly informed Trustee Solomon that his comment is incorrect. She stated that if we don't have a contract they don't have to provide us with service. i Trustee Solomon asked Attorney Powell if that comment was true. Attorney Powell informed Trustee Solomon that the fire contract did not make provision for E continuing it by making the payments under the former contract unless there is a binding written contract. I doubt if there would be a legal obligation on their part. I I i 12 October 28, 1993 Wq r4 9 7 _. .. Mayor Cresenzi stated that we discussed this topic earlier and we asked what are our options were. Are they bound to provide us with service being that we have been together for so- many years? The general answer was no. Even if we went to court they are not obligated to continue service. Mayor Cresenzi stated that his main concern is public safety and we should ratify the contract and get it in place, for the well being of the public's safety. Trustee Pellino agreed and stated that the responsible thing is to have a contract in place for the protection of the Village. If we don't sign the contract I don't believe that issue is going to go away. If we do sign the contract, I don't believe the issue is going to go away. We have to be responsible for the needs of our people and at the same time try whatever means we can, whether its through individual negotiations with people that we have come to know on the Port Chester Board or find some other vehicle to implore the Village of Port Chester to enter into the dialogue with us. It is in the best interest of both Villages to have a fair and equitable payment plan and that there should be a formula to determine Rye Brook's fair share. However, in the absence of the negotiations taking place I don't think that is a reason not to do the responsible thing and have a bona fide contract in place for the protection of our people. I Trustee Zuckerman agreed that we need to have fire services and we need to have our people jprotected. I disagree with Attorney Powell's view, if we are making payments and the I payments are being accepted I believe that there is an obligation to answer Rye Brooks alarms. Trustee Zuckerman mentioned that he is troubled because this year the increase is 6% and there is nothing that prevents the contract from going up 10% next year and then what do we do. Trustee Daly said that we will discuss it well in advance to that point. Trustee Zuckerman stated that this discussion period has been over a year old and no discussions have taken place. Whether this contract is approved tonight or not, we have to face the possibility that come next May when the contract expires we're going to be in the same position. We will be talking about the same issues and there will be no changes what so ever. I would like to move forward and get this done. I spoke with Board members from Port Chester prior to the election and I thought we were going to move forward and have a formula in place that would be fair to everyone, I don't see it happening. I don't see it happening in the future either because I don't think they have any incentive for it to happen. Trustee Daly asked Trustee Zuckerman what is he proposing that we do? Trustee Zuckerman stated that he is proposing that we continue to pay the current rate to the Village of Port Chester until such time that we have at least some movements on the new methodology for fire service for our Village. I'm not advocating that we don't pay, or we wait until we have a complete new agreement in place before we go forward with this particular contract at the new rate. I'm saying that we should see some evidence of going forward on a new way of doing this contract in the future. We shouldn't be faced with a crises every year as to what will the rate be and will it be fair and what are the services that must be cut in order to provide for the fire contract. This is the second largest expense in , the Village after Police protection. I 13 i f _ October 28, 1993 -ONwig Trustee Daly agreed with Trustee Zuckerman but she is not willing to go against what the,, Village Attorney has advised us. We have made one payment so far and the next payment is at the end of January. Trustee Pellino stated that what he believes the Village Attorney is saying is that when our ' fi next payment is due and Port Chester should decide to return the payment they are not I obligated to provide fire service. In my opinion, it is irresponsible of us not to have a contract in place for the protection of our people and that we should continue to pursue what we are trying to accomplish. Trustee Zuckerman added that he felt it was irresponsible of us to not determine what is to happen to the Village of Rye Brook in the future and if in fact the rates continue to escalate, at what point will a change be necessary. I'm not advocating setting up our own fire department. He agrees with the Mayor 100% that we need to protect the safety of the Village but the Mayor agrees with me in the fact that things can not continue the way they have been. I would like to see some advances made for the new way of doing these contracts. This way is not the right way. Trustee Daly stated that she thinks we all agree with that. Trustee Solomon stated that Trustees Zuckerman and Daly seem to operating under the premise that Port Chester is going to terminate fire service with us if we don't vote on this immediately. I think that is the furthest thing from Port Chester's mind. I don't think that we should sign this contract, which we are obviously not happy with, as it sends the wrong message. We're not looking for an adversarial confrontation with Port Chester we're just looking for a little discussion and a little negotiation in a partnership agreement with our sister Village. I think that signing the contract can wait until we sit down and talk about the issues that are important to Rye Brook. If we don't sign it tonight, it will not jeopardize the community. I think signing this contract now sends the wrong message that we are willing to just capitulate all the time. Mayor Cresenzi stated that he didn't even want to risk the potential of dealing with the public safety. I do not want to even think about what if they don't provide service. I would rather have a signed agreement, then try to get some sort of movement on the formula which we have been working on for a long time. Then there will be no questions as to the increase in the future. Trustee Zuckerman added that the Village of Rye Brook has been the one working on this negotiations not the Village of Port Chester. Trustee Solomon asked if we would still be contemplating this discussion had the raise in the fire contract still been 21% as the first version of the contract was. Trustee Zuckerman asked Administrator Russo if he knew what the contract rate was when the Village was first formed. i 14 f i October 28, 1993 0 4 Administrator Russo stated that he did not remember off hand, however they did have a multi-year contract prior to two years ago which went from roughly five 1/2 to seven 1/2 %. We had a multi year contract in 1987 or 1988 that went to three years. Trustee Zuckerman stated that the contract for 1983 was for $310,000 and the rate of inflation has not gone up that much. There is no formula and it is like picking numbers out of the air which is similar to the time when Pace University conducted a study for the Village of Port Chester when Port Chester was trying to determine if it was going to become a city or a Town/Village. The Pace study suggested that one of the items that Port Chester should consider to raise revenue was to increase the dollar amount to Rye Town for fire service. The Village of Port Chester and the Village of Rye Brook are together in the water rate case as well and when we discuss dollars Port Chester has it's view, and our view is that a more fair formula can be found. You can only have a discussion when you have two people willing to discuss. Administrator Russo added that the past year has been extremely difficult in Port Chester. We work closely with them on a daily basis and if anything I think every point is well taken and the next year of negotiations will be a lot more telling then the past year. The new Village Manager is trying to get on some of these bigger issues, the Ambulance Corp., water case and fire service. We just haven't gotten together on these yet, because he has only been there a short amount of time. I think that it has been a tremendous strain on both the elected officials and the appointed administrative staff that has been trying to do their jobs down there for the past year. Trustee Zuckerman stated that everyone appreciates Port Chester's situation and all of the Board are in favor of greater shared services with the Village of Port Chester and with other communities. Mr. Lyons said that he didn't know what we are paying now but in 1988 we were paying $480,000. Mayor Cresenzi informed Mr. Lyons that we are now paying $560,000 which is a 6.9% increase from last year. Mayor Cresenzi then directed Attorney Powell to prepare a resolution for the next meeting. .;eariti• ', On Motion made by Trustee Zuckerman, seconded by Trustee Daly, the public hearing was f closed. Ii E TRUSTEE DALY VOTING AYE S TRUSTEE SOLOMON VOTING AYE t TRUSTEE PELLINO VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE ( MAYOR CRESENZI VOTING AYE i 15 October 28, 1993 RESOLUTIONS 5. BUDGET MODIFICATION POLICE DEPARTMENT On Motion made by Trustee Pellino, seconded by Trustee Solomon, the following resolution was hereby adopted: RESOLUTION BUDGET MODIFICATION POLICE DEPARTMENT RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 2200.152 101.3120.200 $942.50 (POLICE FEE REVENUES) (POLICE EQUIPMENT) TRUSTEE DALY VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE 6. CHECK REGISTER On Motion made by Trustee Pellino, seconded by Trustee Daly, the following resolution was hereby adopted: RESOLUTION CHECK REGISTER WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office for payment and have been certified to by the Village Administrator; On-Line Checks: 7661-7743 Payroll Checks: 11131-11228 Manual Checks: 7597, 7598, 7599, 7601, 7659 Environmental: 393-394 Recreational Trust: NONE Capital Pre Paid: NONE Capital: 2-83-2084 Birthday Run: NONE NOW, THEREFORE, BE IT 16 f f October 28, 1993 RESOLVED, that this board hereby approves payment of the above-mentioned claims and authorizes payment thereof. TRUSTEE DALY VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE APPROVAL OF MINUTES 7. AUGUST 18, 1993 On Motion Trustee Solomon, seconded by Trustee Pellino the minutes were adopted as amended. TRUSTEE DALY VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATION 8. PHILIP J. GASPARINI, PRESIDENT PORT CHESTER HIGH SCHOOL MARCHING BAND ASSOCIATION RE: REQUEST FOR SIGNAGE Administrator Russo read a letter from Philip Gasparini to put up a sign for the High School band concert. The request was approved by the Board. Mayor Cresenzi stated that he received a letter today from Lou Capelli. A while back we had a discussion about whether it was a good idea or not to move forward with the IDA funding. We all came to a consensus that as long as the $40,000 was still the number that we should continue to discuss. Then the article appeared in the newspaper that casted some doubt as to whether the number would still be $40,000 or reduced. The letter today states that it is indeed $40,000 for 30 years. There are a couple of items which our attorney must discuss with Lou Capelli should we decide to discuss this further. Trustee Solomon stated that anything that we have tried to do thus far with the garage has been a mute point. If something viable could come out of that garage as far as the Village of Rye Brook goes albeit $40,000, I think we should try and get that $40,000. i I� 17 l October 28, 1993 Trustee Pellino said that he agreed except for one concern which is under the terms of the new agreement the County can buy out the garage back in the 7th, 14th and 21st year of the contract. The question arises as to if Rye Brook is guaranteed the $40,000 for 30 years. If the garage is sold in 7 years it sounds like the developer is off the hook. Mayor Cresenzi stated that the issue Trustee Pellino was speaking of needs to be resolved and that we need some sort of a guarantee of the $40,000 for 30 years. I want a written guarantee for 30 years. If it is sold to the County then let the County pay the balance for the 30 years. Attorney Powell will work on getting a guarantee for the 30 years. Attorney Powell stated that he believed that the Airport Associates is a Capelli Company which will join with another company in a joint venture to get the lease. Attorney Powell stated that he needed the Board's input on some issues. For instance the payments, are they unconditional that you would receive $40,000 for 30 years. He stated that he thinks the letter says that if the County exercises it's options to purchase the garage in any of those years the payments would stop. Also, it states in the letter that if the garage is refinanced then the payments would stop. If that is not acceptable that would have to be conveyed to the attorneys for the developer. A third item is that who knows exactly what Airport Associates has in terms of assets. If the contract is with that entity alone you can only look to them for payment. If they don't have money to pay you, you have a legal right to sue someone without any money which is not a great idea. Another issue is whether it is the Village's position that the contract should have a third party guarantee on it. If for any reason Airport Associates has no money then someone else will have to step in like a performance bond. Trustee Zuckerman stated that he would like to know if we do not accept IDA financing whether the garage is taxable. Also the potentiality for taxation, against the IDA amount is a legal question. Attorney Powell said that those are topics that should be discussed in executive session. The developer doesn't want to go into negotiations unless they arrive on a agreement. Mayor Cresenzi stated that his feeling would be to go forward with it. I think the consensus is to move forward. Administrator Russo gave an update regarding the Ambulance Corp. and stated that since we passed our conceptual Resolution on the Ambulance Corp. he, Mike Graessle and Frank Culross have met with Mr. Dawson, the president of Abbey Richmond. Mr. Dawson has brought to light a number of points and in all fairness his points need to be aired. We are having a meeting tomorrow with the consultant Mr. Fitch, the Ambulance Corp. and the three communities to discuss some of the points in Mr. Dawson's review of our proposal and the Fitch Report. One of the directions that seems to be coming out is that it would be remiss not to at least consider a proposal from Mr. Dawson for 24 hour service, if he so desires to do that. Until we do that I don't think we will be moving forward on this oversight board and the financial arrangement and other issues that we were directed to look into. This is part in parcel of doing that thoroughly and if that means going out to bid for proposals it may mean that, I'm not sure at this moment. Administrator Russo added that he 18 will report back to the Board what the results are after tomorrow's meeting. October 28, 1993 **ITEMS FOR NOVEMBER 9, 1993*** PUBLIC HEARINGS_ 1. DR. STEVEN KLEIN 81 BOWMAN AVENUE SPECIAL USE PERMIT 2. PROPOSED INTRODUCTORY LOCAL LAW #7-1993 ENTITLED: SOLID WASTE AND RECYCLING RESOLUTIONS 3. SETTING PUBLIC HEARING DATE ARBORS HOMEOWNERS ASSOCIATION SECTION 1, BLOCK 6R LOT - MAINTENANCE AREA ADJOURNMENT On Motion made by Trustee Pellino, seconded by Trustee Zuckerman, the Board adjourned into Executive Session to discuss a personnel upon request made by Trustee Solomon at 8;45 p.m. TRUSTEE DALY VOTING AYE TRUSTEE SOLOMON VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR CRESENZI VOTING AYE Respectfully submitted, Laura Nethercott Secretary to Village Administrator 19