HomeMy WebLinkAbout1995-12-14 - Board of Trustees Meeting Minutes SPECIAL BOARD MEETING 006004
THURSDAY, DECEMBER 14, 1995
9:00 P.M
ANTHONY J. POSILLIPO COMMUNITY CENTER
CONVENE MEETING:
The meeting was called to order by Mayor Cresenzi at 9:10 p.m.
PLEDGE OF ALLEGIANCE:
General discussion of Village Board dissatisfaction with the lack of response by Port Chester over
the past year regarding the fire service contract issue, and the recent ultimatum made by the Port
Chester Board of Trustees.
There were various comments from the audience both in support of the Village Boards expected
action, and others urging continued negotiations with Port Chester.
1. Upon motion by Trustee Zuckerman, seconded by Trustee Strum the following Resolution
was hereby adopted:
RESOLUTION
AUTHORIZING AN INDEPENDENT FIRE SERVICE PROVIDER
On motion made by Trustee Zuckerman, seconded by Trustee Strum, the following Resolution
was hereby adopted:
WHEREAS, the Village of Port Chester has attempted to impose an assessed value formula to
distribute the costs of fire service between the two villages; and
WHEREAS, after one year of intense negotiations with the Village of Port Chester, there has
been no material change in its position; and
WHEREAS, at the very outset of the Board-to-Board negotiations, Rye Brook made clear three
key areas of concern: (1) the sharing of costs, (2) the location of resources, and (3) financial
accountability, none of which concerns have adequately been addressed by Port Chester; and
WHEREAS, an equity proposal was made by Rye Brook that would result in Rye Brook "buying
in" to the fire department and agreeing to pay half the costs of running the department, but the
equity proposal was rejected by Port Chester; and
WHEREAS, the creation of a fire district was proposed by the Port Chester Fire Department,
and an attorney specializing in such matters, William Young, Esq. was retained by Port Chester
Fire Department to explain this matter to both Boards; and
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WHEREAS, attorney Young found the creation of a fire district between two villages to be not
authorized by New York State Law; and
WHEREAS, the Village of Port Chester sought to justify its position with regard to the cost
sharing formula on the statements of attorney William Young, but the videotape of the September
28, 1995 joint meeting refutes Port Chester's assertions; and
WHEREAS, a fire study was insisted upon by Port Chester to substantiate Rye Brook's concerns
regarding the service distribution, but was then abandoned by Port Chester, though Rye Brook
agreed to such study; and
WHEREAS, Rye Brook offered a further compromise in order to continue the contractual
relationship by suggesting the use of a similar formula methodology as employed in the joint
ambulance corps agreement between Rye Brook, Port Chester and the City of Rye, which would
base 25 percent of the cost on the population differential, which reflects utilization between
municipalities, but this proposal was rejected by Port Chester; and
WHEREAS, the Village of Port Chester did not choose to embark with Rye brook on a new
partnership relationship and instead insisted upon a continuation of the existing arrangement, at a
cost based on assessed valuation, coupled with technical contract language changes and
administrative details not addressing the core issues; and
WHEREAS, Port Chester's December 4, 1995 resolution states only that it agreed to
"considering" career fire fighter staffing of a Rye Brook fire station and permitting Rye Brook to
"solicit" volunteer companies, and also offers no mechanism for Rye Brook to vote on the fire
budget, though at the outset of the Board-to-Board negotiations, Rye Brook made known the
issues were of utmost importance to it; and
WHEREAS, no written proposal or counter-proposal was ever submitted by Port Chester other
than a re-statement of its original position or a legally unavailable joint fire district; and
WHEREAS, Rye Brook would like to commend the members of the Port Chester Fire
Department both paid and volunteer for all their efforts to elicit a proposal from Port Chester; and
WHEREAS, Rye Brook has also tried to elicit a proposal and help from the New York State
Professional Fire Fighters Association to no avail; and
WHEREAS, the Rye Brook Village Board regrets that Port Chester has not offered Rye Brook a
fair and equitable alternative; and
WHEREAS, the Village of Rye Brook Board of Trustees has a responsibility to resolve the
status of this important emergency service with a long-term equitable solution.
NOW, THEREFORE, BE IT
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RESOLVED, that the Village of Rye Brook is authorized to enter into a final contract with the
Village of Port Chester for the provision of fire service for a term to expire on January 31,1996;
and be it further
RESOLVED,that after January 31, 1996, the Village of Rye Brook will arrange for alternate fire
protection services, to include an independent private provider.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
2. RESOLUTION- CALLING FOR PUBLIC HEARING ON LOCAL LAW
ESTABLISHING THE RYE BROOK FIRE DEPARTMENT
RESOLUTION
CALLING FOR PUBLIC HEARING ON LOCAL LAW
ESTABLISHING THE RYE BROOK FIRE DEPARTMENT
On motion made by Trustee Pellino, seconded by Trustee Zuckerman, the following Resolution
was hereby adopted:
RESOLVED, that a public hearing will be held by the Board of Trustees of the Village of Rye
Brook on Thursday, December 21, 1995 at 7:30 p.m. at Anthony J. Posillipo Community Center
at 32 Garibaldi Place, Rye Brook,New York, to consider a local law establishing the Rye Brook
Fire Department.
TRUSTEE STRUM VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
TRUSTEE PELLINO VOTING AYE
MAYOR CRESENZI VOTING AYE
Village Clerk, Christopher J. Russo, stated there will also be two resolutions on the
December 21, 1995 agenda regarding Rye Brook's access into the Westchester County Fire
Mutual Aid Plan.
Meeting adjourned at 10:15 p.m.
Respectfully Submitted,
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Christopher J. Russo, Village Clerk
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