HomeMy WebLinkAbout1995-06-27 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
REGULAR MEETING
JUNE 279 1995
7:30 P.M.
PLEDGE OF ALLEGIANCE ACTION
PUBLIC HEARING
1. JOHANSHAH ARYEH
KING STREET &HILLANDALE ROAD
SECTION 1, BLOCK 6, LOT 1113.1, 1113.2, 1113.3, 11BA
APPLICATION FOR A RE-SUBDIVISION
RESOLUTIONS
2. APPROVAL 1995-1996 RETAINER AGREEMENT
PLANNING CONSULTANT SERVICES WITH
FREDERICK P. CLARK ASSOCIATES INC.
3. APPROVAL OF 1995-1996 RETAINER AGREEMENT
SPECIAL COUNSEL SERVICES WITH KEANE & BEANE
4. APPOINTMENT TO THE ZONING BOARD OF APPEALS
5. SETTING PUBLIC HEARING DATE
LOCAL LAW INTRODUCTORY#3-1995
LOT MERGER
6. REFERRAL TO THE PLANNING BOARD
NYNEX CONTROLLED ENVIRONMENTAL VAULT
255 NORTH RIDGE STREET
SECTION 1, BLOCK 5, LOT 54C
RE: SPECIAL PERMIT APPLICATION
7. REVISING RECREATION PROGRAM FEES
8. APPROVING AGREEMENT WITH FIRST
ENVIRONMENT INC. RE: CONFIRMATION OF
EPA MERCURY CONTAMINATION REMEDIATION
9. CHECK REGISTER
19
DISCUSSION
10. PURCHASE ORDER LIMITS REPORT
BY VILLAGE TREASURER
11. VILLAGE POLICY ON SURPLUS PROPERTY AND
'EQUIPMENT
12. FIRE CONTRACT- VILLAGE OF PORT CHESTER
WRITTEN COMMUNICATION
13. ALBERT J. BAUMAN, REGIONAL DIRECTOR N.Y.S.
DEPT. OF TRANSPORTATION.
RE: METRO NORTH INTERRUPTION SIGNAGE
APPROVAL OF MINUTES
14. NOVEMBER 22, 1994
15. DECEMBER 27, 1994
16. FEBRUARY 28, 1995
17. MARCH 28, 1995
21
MINUTES OF A REGULAR MEETING 005844
VILLAGE OF RYE BROOK _
BOARD OF TRUSTEES
VILLAGE OFFICES
90 SOUTH RIDGE STREET
RYE BROOK,NEW YORK
JUNE 27, 1995
CONVENE MEETING
The Meeting was called to order by Mayor Cresenzi at 7:40 p.m. in the Meeting Room and the Pledge of
Allegiance followed.
Present were the following members of the Board:
Mayor Salvatore M. Cresenzi
Trustee Joseph Pellino
Trustee Randy A. Solomon
Trustee Nancy Stein Tunis
Trustee Gary J.Zuckerman
Also present were:
Christopher J. Russo, Village Administrator
Lori Ann DeMarco, Assistant to Village Administrator
Rocco V. Circosta, Director of Public Works
Kenneth E. Powell,Village Attorney
Robert J. Santoro, Chief of Police
Elizabeth Bottali, Secretary to the Village Board
Christian Miller, Frederick P, Clark Associates
1
UUJ�45
June 27, 1995
ESOLUTION
1. REFERRAL TO THE PLANNING BOARD
NYNEX CONTROLLED ENVIRONMENTAL VAULT
255 NORTH RIDGE STREET
SECTION 1, BLOCK 5,LOT 54C
RE: SPECIAL PERMIT APPLICATION
William Null, attorney for the applicant stated that this requires a special permit and a variance for a front yard
setback and we are seeking for it to be referred to the Planning Board for their review and recommendation.
On Motion made by Trustee Pellino, seconded by Trustee Zuckerman,the following Resolution was hereby
adopted:
RESOLUTION
REFERRAL TO THE PLANNING BOARD
NYNEX CONTROLLED ENVIRONMENTAL VAULT
255 NORTH RIDGE STREET
SECTION 1, BLOCK 5,LOT 54C
SPECIAL PERMIT APPLICATION
RESOLVED,that the application of NYNEX for a special permit to install a controlled environmental vault in
or about 255 North Ridge Street is referred to the Planning Board for a report and recommendation; and it is
further
RESOLVED,that the applicant shall pay the sum of$1,000,00 into the environmental review/professional fees
fund for costs of review of the application and such additional sums as may be requested.
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE STEIN TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
PUBLIC HEARING
2. JOHANSHAH ARYEH - KING STREET & HILLANDALE ROAD
SECTION 1, BLOCK 6, LOT 11B.1, 1111.2, 11B.3, 11BA
APPLICATION FOR A RE-SUBDIVISION
layer Cresenzi opened the public hearing at 7:45 p.m.
2
0058,46
June 27, 1995
obert Mascali, attorney for the applicant, stated that this property is currently subdivided into four lots. As a
.�sult of the removal of the existing house,that subdivision was approved in October 1979. The house has since
been taken down and we feel we have a much better subdivision for access and lot configuration. The property
is located in an R20 and R15 zones, each of the lots are fully conforming. This project has been unanimously
approved by the Planning Board with changes based upon their recommendations. Consistent with some
comments that were made with respect to wetlands, he presented a letter to the board from Bruce Donahue of
Environmental Design Consulting which states that there are no wetlands or watercourses on this property or
within 100 feet of the property. During the planning process,the applicant agreed to the request from the
Village for the installation of what shows on the plan as a conditional sanitary sewer easement. The concept is
that this easement will be effective until such time as a certificate of occupancy has been issued for one of the
two adjoining houses so that the time within which to construct the pipe that will be in the sewer would expire
upon the granting of the certificate of occupancy for either of the two houses. Once the pipe is laid and is in this
sewer area,that easement would run in perpetuity but the construction of the line is to be accomplished prior to
the issuance of a certificate of occupancy for the first of the two houses. He added that his office will work out
the terms with Village Attorney Ken Powell.
Mayor Cresenzi asked for a clarification on the last point made by Mr. Mascali.
Mr. Mascali stated that we would want the right of the Village to lay the pipe to terminate upon the issuance of a
-,,ertificate of occupancy for either one of those two houses so they are not burdened by construction at that time.
)nce the pipe is laid, the easement would run in perpetuity.
Mayor Cresenzi questioned if the Village puts in the sewer line, how would the two houses be tied in.
Mr, Mascali stated that they are going to tie each lot in separately so there will be three spurs coming off that line
at 150 feet.
Mr. Circosta recommended that the Village install a manhole rather than the spurs.
Mayor Cresenzi stated that it might be better for everyone if there was one line going into the sewer and two
houses tied into that trunk line.
Mr. Mascali stated that his client can think about that and possibly work out the cost of it and if, in fact it is
beneficial and cost effective than possibly we can do it at that time. Perhaps if the public hearing is closed this
evening we can try to work out the terms of that easement,the economics and effectiveness of it.
Trustee Zuckerman pointed out the sharpness of the turn coming from King Street into Hillandale Road and
questioned if the plan could take into account softening that curve unless that would impinge on the owners
right of way was.
here the Village
wY
property. He questionedg
Mr. Circosta stated that we have a State right of way on King Street and a Village right of way on Hillandale
Road. To make it a softer curve,you actually have to widen the radius so you have to go into Hillandale Road
unless you use both right of ways.
3
June 27, 1995
rustee Zuckerman suggested the Village's traffic consultant look into softening that turn.
Trustee Pellino stated that Bulk Standards was recently passed as part of the Village of Rye Brook Zoning Code
and questioned if these lots were designed in conformance with that horizontal circle method. If so,he
questioned frontage on lot three, The frontage is 65 feet in an R-20 zone.
Mr. Miller stated that the frontage on lot three does conform and also conforms with the Bulk Standards law.
Trustee Pellino questioned if the property has been tagged for tree preservation and if it has been worked out to
the satisfaction of the Village and questioned if Frederick P. Clark Associates were satisfied.
Mr. Miller stated that it has not been tagged for tree preservation per say, the applicant has provided a
description of the trees to be protected on the plan, The plan has met the satisfaction of both the Planning Board
and his office because the applicant has provided a tree preservation description on the plan.
Trustee Zuckerman questioned if Mr. Miller reviewed the wetlands letter or made any independent investigation.
Mr. Miller stated that there are no wetlands on the site so the property is not effected by the 100 foot buffer so it
would not be subjected to the Wetlands Law.
Mayor Cresenzi questioned recreation fees.
Mr.Mascali requested that the Board consider that this is an existing subdivision and the applicant has come
before this Board requesting a re-subdivision for the betterment of the Village as well as for the applicant and I
believe that this should be taken into consideration if any recreation fee is established along with the fact that the
applicant has graciously conceded to grant the Village an easement across its property and assist the Village with
respect to the possible development of the property. Our records do not indicate whether or not the applicant
paid any recreation fee in the past but if in fact the Village has knowledge that a recreation fee was paid, we
would ask that the fee be credited.
Mayor Cresenzi suggested that the applicant search records to see if a recreation fee was paid in the past.
Mr.Rutledge, an area resident questioned if the homes could be compared to those that are currently being built
at the Enclave.
Mr. Aryeh stated that the homes will be very different and higher priced that those at the Enclave.
A resident stated that there will be more traffic on Hillandale Road due to having the access there instead of
having it off of King Street and questioned why King Street was not chosen,
Mr. Miller stated that it was their intention to have the applicant push the access point as far back as possible
which they did. From a planning perspective, it is not preferred to have a number of access points onto King
Street.
4
005844
June 27, 1995
Mr. Mascali explained the applicant chose to have three driveways onto Hillandale Road rather than four to keep
the area safer.
Mr. Aryeh pointed out that they also looked into a culdesac, upon the request of Trustee Zuckerman as a way of
eliminating several of the driveways and ultimately settled on the three driveway layout.
On Motion made by Trustee Solomon, seconded by Trustee Pellino,the public hearing was closed at 8:20 p.m.
with an approval resolution to be on the agenda for the July 25, 1995 meeting.
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
RESOLUTIONS
3. APPROVAL 1995-1996 RETAINER AGREEMENT
PLANNING CONSULTANT SERVICES WITH
FREDERICK P. CLARK ASSOCIATES INC.
On Motion made by Trustee Pellino, seconded by Trustee Tunis,the following Resolution was hereby adopted:
RESOLUTION
APPROVAL 1995-1996 RETAINER AGREEMENT
PLANNING CONSULTANT SERVICES WITH
FREDERICK P. CLARK ASSOCIATES INC.
RESOLVED,that the Village of Rye Brook is authorized to enter into a planning consultant services agreement
with Frederick P. Clark Associates Inc. for 1995-1996; and it is
FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or
appropriate to accomplish the purposes of this Resolution.
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE STEIN TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
5
005841)
June 27, 1995
4. APPROVAL OF 1995-1996 RETAINER AGREEMENT
SPECIAL COUNSEL SERVICES WITH KEANE & BEANE
On Motion made by Trustee Solomon, seconded by Trustee Tunis, the following Resolution was hereby
adopted:
RESOLUTION
APPROVAL OF 1995-1996 RETAINER AGREEMENT
SPECIAL COUNSEL SERVICES WITH KEANE & BEANE
RESOLVED,that the Village of Rye Brook is authorized to enter into a 1995-1996 retainer agreement with Keane
and Beane for special counsel services to continue its representation of the Village in pending litigation matters as
assigned by the Board of Trustees; and it is
FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or
appropriate to accomplish the purposes of this Resolution.
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE STEIN TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
5. APPOINTMENT TO THE ZONING BOARD OF APPEALS
On Motion made by Trustee Pellino, seconded by Trustee Tunis,the following Resolution was hereby adopted:
RESOLUTION
APPOINTMENT TO THE ZONING BOARD OF APPEALS
RESOLVED,that John Haley of 215 Betsy Brown Road is appointed to the Zoning Board of Appeals to fill an
unexpired term of office to expire on the first Monday in April 1996.
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE STEIN TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
6
®i05850
June 27, 1995
6. SETTING PUBLIC HEARING DATE
LOCAL LAW INTRODUCTORY#3-1995 LOT MERGER
On Motion made by Trustee Zuckerman, seconded by Trustee Solomon,the following Resolution was hereby
adopted:
RESOLUTION
SETTING PUBLIC HEARING DATE
LOCAL LAW INTRODUCTORY#3-1995
LOT MERGER
RESOLVED,that the Village of Rye Brook Board of Trustees will hold a public hearing on July 25 , 1995 at 7:30
p.m. at the Village Offices, 90 South Ridge Street Rye Brook,NY on a local law amending Section 250-6(A) (2)
of the Zoning Law to revise the General Supplementary Regulations in relation to the merging of substandard lots.
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE STEIN TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
7. REVISING RECREATION PROGRAM FEES
On Motion made by Trustee Solomon, seconded by Trustee Pellino,the following Resolution was hereby
adopted:
RESOLUTION
REVISING RECREATION PROGRAM FEES
RESOLVED,that the fees for the recreation programs listed below are hereby approved:
'94/'95 '95/'96 '95/'96
Program Name Revised
Fees Difference Proposed
Youth Basketball $40 $5 $45
7&8 Basketball $40 $5 $45
Youth Tennis $45 $5 $50
Youth Soccer $30 $5 $35
*Men's Softball $600 $100 $700
*Forfeit Fee $65 $35 $100
Ice Skating $130 $10 $140
Softball Girl's Sp/S $25 $10 $35
7
June 27, 1995
'94/'95 '95/'96 '95/'96
Program Name Revised
Fees Difference Proposed
Adult Tennis Individual 10% 2% 12%
Adult Tennis Group 10% 2% 12%
Youth Tennis Camp 10% 2% 12%
2nd Inst Basketball $20 $10 $30
Mid-Day Kinderplay 2 days $150 $25 $175
Mid-Day Kinderplay 3 days $200 $0 $200
Pee Wee $30 $5 $35
Midget $30 $5 $35
Softball Girl's Fall $20 $5 $25
T-Ball $30 $5 $35
Jr. Soccer $20 $10 $30
Jr. Sports $20 $10 $30
Instruction Volleyball Girl's 0 $20 $20
H.S. Basketball Clinic Boys $20 $10 $30
H.S. Baseball Clinic Boys $20 $10 $30
Floor Hockey Boys 0 $10 $10
Youth Bowling $8 0 $8
Youth Bowling Registration $10 $5 $15
Youth Bowling Tournament $15 0 $15
Pitching/Catching Softball Girls $20 $5 $25
Broadway Dance $55 $5 $60
Basketball Men's Wed. $25 $15 $40
Basketball Men's Wed. $40 $30 $70
Basketball Men's Sat. $50 $50 $100
H.S. Basketball Clinic G 10% 2% 12%
Soccer IV $20 $10 $30
Computers Tots/Explorer 10% 2% 12%
Karate 10% 2% 12%
or$40 per month which ever is greater
Skate Sensation 10% 2% 12%
Ballroom Dance 10% 2% 12%
Sciensational Workshop 10% 2% 12%
3 on 3 Girls Basketball $40 $10 $50
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE STEIN TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
8
June 27, 1995
8. APPROVING AGREEMENT WITH FIRST
ENVIRONMENT INC. RE: CONFIRMATION OF
EPA MERCURY CONTAMINATION REMEDIATION
On Motion made by Trustee Solomon, seconded by Trustee Zuckerman,the following Resolution was hereby
adopted:
RESOLUTION
APPROVING AGREEMENT WITH FIRST ENVIRONMENT INC.
CONFIRMATION OF EPA MERCURY CONTAMINATION REMEDIATION
RESOLVED,that the Village of Rye Brook is authorized to enter into an agreement with First Environment
Inc., 90 Riverdale Road,Riverdale,New Jersey 07457,in the total sum of$7,500.00 collection and laboratory
analysis of samples in order to confirm that the goal of EPA to remediate mercury contamination at the Port
Refinery site and adjacent properties had been achieved; and it is further
RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or appropriate to
accomplish the purposes of this Resolution.
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE STEIN TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
Mayor Cresenzi explained that the EPA spent two years and millions of dollars cleaning up the site and
throughout the process they were very uncooperative with the Village in responding to questions from the
Village Board and residents, stonewalling us at every turn. They have not completely signed off on the site yet
and we are not comfortable with verbal confirmation that the site is clean so that is what brought us to hire this
outside firm to give us assurance that the site is clean.
Trustee Zuckerman stated that a letter be sent to Congresswoman Nita Lowey's office, the EPA and the State
Department of Environmental Conservation as they also have to sign off this before the Federal agency signs off
on it. We should also have input on where the testing is going to be conducted.
Peter Silton stated that $7,500 sounds like a small amount of money for assurances and questioned what exactly
they will be doing for the money.
9
June 27, 1995
Administrator Russo stated that this firm had already been hired by the Village to review all the documentation
and the work the EPA did. They were able to get enough paperwork out of the EPA to confirm that most of it
has been cleaned up. There were areas that they felt the EPA didn't do a good enough job so it is those specific
areas that they target in their first study that they declare need more analysis.
Trustee Pellino questioned if the Village has any recourse after this money is spent and the project has been
finished against Mr. Barbera. He stated that the taxpayers should not have to bear the brunt of these expenses.
Trustee Zuckerman stated the letter to Congresswomen Lowey, it be mentioned that the Village should be
reimbursed for any expense and see if she could assist us with moving things forward. He also added that he
would like to have some input in composing that letter.
Attorney Powell stated that he did not know if Mr. Barbera could be held responsible to pay the expenses.
Mayor Cresenzi stated that he will be meeting with Congresswoman Lowey next week and would hand deliver
the letter and discuss it further with her.
9. CHECK REGISTER
On Motion made by Trustee Zuckerman, seconded by Trustee Tunis„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 Check: 11786-11848 (94-95)
11850-11911 (95-96)
Medicare: 11913-11936
Pre Paid: 11499,11585, 11704-11706 (94-95)
11702, 11703 & 11707 (95-96)
Payroll Check: 16305-16416
Environmental NONE
Capital: 2324-2330
Capital Pre Paid NONE
Birthday Run: 2110-2116
Birthday Run Pre Paid: 2055
NOW, THEREFORE, BE IT
10
005854
June 27, 1995
RESOLVED,that this Board hereby approves payment of the above-mentioned claims and authorizes payment
thereof.
TRUSTEE PELLINO VOTING AYE
TRUSTEE SOLOMON VOTING AYE
TRUSTEE STEIN TUNIS VOTING AYE
TRUSTEE ZUCKERMAN VOTING AYE
MAYOR CRESENZI VOTING AYE
DISCUSSION
10. PURCHASE ORDER LIMITS REPORT
BY VILLAGE TREASURER JOSEPH CORTESE
Mayor Cresenzi stated that at the May 25, 1995 meeting the staff requested that the amount for purchase orders
be raised from$300 to $700 and the Board decided to change it to$500 and also to have Village Treasurer
Joseph Cortese discuss the entire procedure on purchase orders.
Mr. Cortese stated that last year, we processed approximately 291 purchase orders which included between the
realm of$300 to $500 value a total of 54. From a$500 to $700 value there were 28, There were some
purchase orders processed that technically were not required to be processed which were under the $300 limit
but the procedure was that some people processed them, in case the price were to go up and there were about 30
of those. That leaves about 180 that were over the $700 amount. In terms of numbers, that is the greater part of
the purchase orders. By eliminating the $300 to $500 area,you have 54 that would not have to be processed
which is 20% of the volume that was processed last year which would be a significant amount of time saved.
There is a new process now where the purchase order requisition to be processed is one additional step and
anyone that requires or requests a purchase order now has to present it to the Treasurer's Office and that is filled
out and processed through the computer system and a purchase order is generated from that. It is not a very
time consuming process and it enables the office to have everything in the computer system and generate the
purchase orders and have them available for whatever time they are implemented. He pointed out that with this
new system,there will be more purchase orders processed.
Administrator Russo agreed that whether we went from$500 to $700 it is really not very significant.
Mayor Cresenzi stated that this is a positive thing as it will provide the Board with better controls. He thanked
Mr. Cortese.
11. VILLAGE POLICY ON SURPLUS PROPERTY & EQUIPMENT
Attorney Powell stated that in reference to the draft policy on surplus property and selling Village property, there
are a few issues that come up such as if, how and at what price it should be sold. There is no need to review real
estate as it is just personal property. The question is if you want to bring this to the Board of Trustees as a
matter of policy.
11
June 27, 1995
Mayor Cresenzi stated that he was concerned with watching how money is spent and in his opinion, before
Village equipment is sold or traded, it should be brought before the Board of Trustees.
Trustee Tunis agreed that the Board should discuss it first.
Trustee Solomon questioned if the Board should know something about a lawnmower.
Mayor Cresenzi replied yes and stated that even if we have a list of items,we should know what goes on in the
Village and what is surplus, what we are using and what is going to be traded in.
Trustee Zuckerman questioned if this list should come before the Board formally to be approved or if we should
just look at it and if anyone has any objections than we pull it off of the list. We should consider a cutoff point at
a certain value.
Administrator Russo stated that if we include these lists on an agenda, under discussion and we can even sign off
on the equipment as it gives us a little publicity that we are selling the equipment and it will be on cable TV in
addition to putting it in the newspaper.
Trustee Zuckerman mentioned the backhoe which is a large item. He questioned who has the authority to decide
to sell it.
Administrator Russo stated that he could decide to sell it without coming to the Village Board first. He stated
that we ended up getting $12,000 for that backhoe. He agreed that anything of any value,regardless of what we
want to do with it will be on the agenda for the Board to discuss.
12. FIRE CONTRACT- VILLAGE OF PORT CHESTER
Trustee Pellino questioned where we stand with negotiations on the contract.
Administrator Russo stated that there has been no change. He and Attorney Powell have had several meetings
with the Village of Port Chester and we had a long list of items and fundamental disagreements as we proposed
radically different alternatives than the contract that Port Chester has proposed which is to leave everything alone
as far as the fire service distribution, equipment and methodologies and just for the assessed value formula for the
funding. They wanted us to pay monthly and we negotiated down to bi-monthly. A number of items we were
not successful with were the cost issue itself,the term of the contract which is three years with either party
terminating six months which we feel is too long. We requested an audit provision. We had differences in terms
of the service distribution with no resolution of that matter. There is an issue of a cost of truck replacement in
addition to paying on assessed value that we felt was not necessary. Also who would decide if a truck
replacement is actually necessary. Insurance was the other fundamental area discussed.
Mayor Cresenzi stated that we are not entirely happy with the payment formula based solely on assessed value.
12
05856
June 27, 1995
Trustee Zuckerman stated that there are problems with the assessed value formula because we disagree with
using assessed value and even if we were to use that formula,the method that they have come forward with is
not agreed to by us in terms of the assessibles that they claim are subject to the formula and Administrator Russo
mentioned something about the equalization rate as well which is set by the State and we would be paying less.
Administrator Russo stated that the equalization rate came up when Port Chester alluded to the fact that they
were interested in pursuing a similar arrangement in formula as we had proposed in the police merger with the
City of Rye which formula was tied into a document which had language as to what was behind that formula and
we proposed that back to Port Chester and have not heard anything on it, That proposal based the funding
formula on equalized assessed value between the two communities which would be close to a 60-40 split.
Mayor Cresenzi stated that he had a conversation with Mayor Korff last week and requested a Board to Board
meeting and has not yet heard back from her.
Trustee Solomon stated that he spoke with Mayor Korff today and she instructed Village Manager Graessle to
put together a Board to Board meeting with us very soon.
Mayor Cresenzi stated that it is problematic when a Mayor goes to a Mayor and does not get an answer back,
and then the answer comes in from left field.
Trustee Solomon stated that the answer took place during an informal discussion they had so he is just relaying
what her thoughts are. She is making an effort to try and pull that meeting together.
Mayor Cresenzi stated that the Village of Rye Brook's position is to get the best,most cost effective fire service
for both communities and if both sets of tax payer's can save some money, that is a nice thing. We offered to
build a fire house in Rye Brook,purchase the equipment and split the cost of the paid men with the Village of
Port Chester and the idea would be to redistribute the service by establishing a firehouse in Rye Brook, we have
possible development potential on Upper King Street so we know we will need a firehouse in the northern
section of Rye Brook. We would like to see fire companies relocated from Port Chester into that Rye Brook
facility and our goal is to continue to stay with Port Chester but it has to be a sharing of services. They have to
deal with the issue of possibly closing some houses and redistributing that service and personnel between fire
houses that would not be closed and a fire house in Rye Brook. The firehouses in the Village of Port Chester
were laid out for horse drawn equipment so they cannot really justify that number of houses. If you compare
Port Chester against a city that is known to have an excellent, professional fire department that provides mutual
aid and receives mutual aid it is the City of New Rochelle. Rye Brook and Port Chester are 6%Z square miles
with a population of 32,000 have four fire houses and ten major pieces of apparatus and responds to 1,200 calls a
year while the City of New Rochelle is 10% square miles with a population of 70,000, has five fire houses,nine
major pieces of apparatus and responds to 6,000 calls a year.
13
005857
June 27, 1995
Trustee Zuckerman stated that the Village of Rye Brook, historically,has very few fires. A list was compiled by
Administrator Russo that indicates that virtually no structural fires occur in Rye Brook that cause major damage.
We are dealing with a lot of false alarms, some car fires, leaf fires and one paid and four volunteer engines go to
every single fire, no matter what type of fire it is and we have no input as to how the resources that we are
expected to pay nearly half of are being used. One of the problems that we have is the fact that this year we are
being asked to pay $725,000 for protection that we feel is overkill. We need to find out what kind of voice we
will have in determining the kind of fire protection that our Village received and is paying for. We discussed
starting our own fire department and found that is would be even more expensive to do that so we have a
dilemma. We would like more input into issues such as why we need twelve paid firemen when half of them are
used only dispatch, Why can't we have either County control,police or volunteers dispatch. There are almost
four hundred well trained volunteer fire fighters and we could probably have some of the dispatch functions
assigned to them. We would like to have some of these questions answered but we don't even have the
opportunity to have any input. We would like to continue with Port Chester,but we are exploring alternatives as
we feel that we are being pushed out,
Trustee Tunis agreed with Trustee Zuckerman. Presently we are spending $14,000 a week on fire service and
the fire study that we did stated that we only needed one truck in Rye Brook and currently we have five to
answer a false alarm because some homeowner smells smoke. I had a fan that caught a piece of dust and I had
six fire trucks at my house and two cars and I was mortified!
Mr. Heller stated that Rye Brook has the best insurance rating because of the response time that we have and
although Rye Brook may save a few dollars, every homeowner may have an increase in their insurance by thirty
percent for fire coverage. It may cost the Village a lot more money.
Trustee Zuckerman questioned where Mr. Heller got those figures.
Mr. Heller stated that once your rating goes down, your fire insurance ratings go right through the roof.
Mayor Cresenzi stated that the facts are that fire ratings and insurance classifications are based on how close the
fire hydrants are to one another and I believe the number is 1,500 feet which our hydrants comply with and also
whether or not you have a fire department to respond,which we do,
Trustee Zuckerman stated that he asked his own insurance carrier the same question and was told that if we were
within a certain distance from a firehouse and had certain fire hydrants,that is what the rating is dependent upon
and that distance is measured in miles not in feet or the rating of the fire department.
Mr. Heller stated that he would rather have three or four engines respond to his home rather than one as certain
small incidents can turn into explosions,
14
0058a
June 27, 1995
Mayor Cresenzi stated that in reference to assessed value,type and age of construction,we have relatively new
detached single family homes in Rye Brook and we have roughly 8,000 people and Port Chester has 2425,000
people and as you put more people in a smaller area, the potential for fire increases dramatically which is part of
our problem. We average about 300 calls a year and Port Chester averages about 900 calls yet we pay 48%of
the budget with no input.
Trustee Zuckerman stated that in the Gannet Newspaper, a statement was made by a Port Chester Trustee that
the fire department protects property so we should go on assessed value. We believe that people should be
primarily protected but even given that,the Port Chester formula does not take into account the tax exempts,the
churches, United Hospital and the schools so if that is the case who is going to protect them. I would assume the
Fire Department would. When this came up I was assured that even if they went to assessed value, it would be
based on gross and when the contract came to us this was not so. They are attempting to get the most money
under whatever formula. If we used gross and equalized,Rye Brook's percentage would probably go down to a
little under a third.
Administrator Russo stated that he figured out,based on the gross assessed value,that Rye Brook would pay
about 44.7%. With gross and equalized it would be about 40%. The numbers went from $675,000 to $432,00
based on the gross assessed value.
Trustee Zuckerman stated that the proposal that we made to build our own firehouse and to pay half of the paid
staff and to purchase equipment was rejected. All of the many proposals that we have made have all been
rejected. We have come to view the number that has been put into our contract as simply a figure that Port
Chester chooses to balance their budget. After all they were able to come up with a 0%tax increase
conveniently while we had a substantial tax increase partially due to the increase in our fire costs as well as loss
of assessibles,
Trustee Pellino stated that judging by the 48%formula,one would think that the fire budget is approximately 1.5
million dollars a year. Do we know that to be the case.
Administrator Russo replied that without an audit we can't verify those numbers and we cannot audit those
numbers as they are not numbers directly from an account of actual expenditures from their budget.
Trustee Pellino stated that if one had the ability to look at past budget figures that we have been shown, you can
deduce that the cost of running that fire department hasn't changed much in the past several years,yet the
amount we pay has changed and it goes into the mix of wanting to have questions answered and not being able to
get those answers. It tales two to cooperate, as the Mayor has stated in the past and over the past four years,
this Board has really gone out of its way to try to work out an equitable agreement that benefits both
communities and we are still committed to doing that but it has become very frustrating.
Trustee Zuckerman pointed out that when the recent structural damage occurred at the South Main Street
firehouse,the Village of Rye Brook offered to house the Port Chester Engine that is now garaged at Fox Island,
which has angered many of the firefighters, That offer has not been taken up.
Trustee Tunis stated that to sign a contract and have no say is ridiculous.
15
0()`8-
June 27, 1995
Trustee Pellino stated that if the Board to Board meeting works out, it would be great, however if there is a
problem with that,maybe an inter-municipal Board with Rye Brook membership, Port Chester membership, Port
Chester membership and the fire chiefs would create a fresh approach.
Trustee Zuckerman stated that the projected contract is one sided and the Village of Port Chester would like it
that way. The things that we are asking for are equitable and require the Village of Port Chester to give up
something such as our request to pay less money allowing decision making to be shared. At some point, we are
very seriously going to have to consider alternatives or just take whatever they give us. When the time comes
for us to hold a public hearing,the citizens should come out and make their feelings known and we should
communicate our views directly with the people of Rye Brook.
Mayor Cresenzi stated that the Village of Port Chester will hold their public hearing on Fire Service on July 10,
1995. He suggested writing a letter to Mayor Korff asking her to lay the meeting over so we can have some
additional time to establish that dialogue and the Board agreed.
Trustee Zuckerman suggested writing a letter requesting a meeting immediately to negotiate the contract. Mayor
Cresenzi stated that Port Chester does not agree to the meeting,than their true colors will be shown. He added
that he and Attorney Powell will work on a letter as soon as possible.
WRITTEN COMMUNICATION
13. ALBERT J. BAUMAN,REGIONAL DIRECTOR
N.Y.S.DEPT. OF TRANSPORTATION.
RE: METRO NORTH INTERRUPTION SIGNAGE
Administrator Russo explained that the letter was to inform us that there may be an upcoming strike at Metro-
North and they will be distributing information and will probably need to put up temporary signs in most
communities if this strike occurs and they are asking for our permission if need be.
Trustee Pellino stated that the letter requests permission to tie or hammer the signs to telephone poles and we do
not have the authority to allow them to place signs on telephone poles as they belong to the Telephone
Company.
Chief Santoro agreed with Trustee Pellino.
Trustee Zuckerman suggested that we write a letter stating that we have no jurisdiction over the telephone polls
and questioned if we have to pass a resolution to allow temporary emergency signs.
16
June 27, 1995
APPROVAL OF MINUTES
14. NOVEMBER 22, 1994
15. DECEMBER 27, 1994
16. FEBRUARY 28, 1995
17. MARCH 28, 1995
The Board decided to hold the minutes over until the next meeting to review various changes.
ADJOURNMENT
The Meeting was adjourned at 9:50 p.m.
Respectfully submitted,
Christopher J.eusso
Village Clerk
i
17