HomeMy WebLinkAbout1998-01-13 - Board of Trustees Meeting Minutes AGENDA
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL,938 KING STREET
TUESDAY,JANUARY 13, 1998 -- 7:30 P.M.
PLEDGE OF ALLEGIANCE ACTION:
i
PUBLIC HEARINGS:
1. Considering Local Law Intro. # 1 - 1998, as amended, regarding the NYS
Alternative Veteran's Property Tax Exemption Program.
2. Considering Local Law Intro. #2- 1998, as amended, regarding enacting
Bulk Standard Zoning Code Amendments to the Rye Brook Village Code.
3. Considering the Site Plan and Subdivision Application by High Point Village
Developers.
RESOLUTIONS:
4. Negative SEQRA Declaration and Bond Authorization in the amount of
$195,000 for the purchase of 502 Ellendale Avenue,Rye Brook.
5. Making a Positive SEQRA Declaration on Red Roof Farm Subdivision.
6. Making a Positive SEQRA Declaration on Summerfield Suites Site Plan.
7. Authorizing the Village of Rye Brook to enter into an Agreement with
Westchester County for participation in the Employee Assistance Prog. (EAP)
8. Designating Polling Places for the 1998 Village Election.
9. Abolishing Personal Registration Day for the Village Election.
10. Referring the Subdivision Application for the Property at 538 Westchester
Avenue by the Westchester Avenue Holding Company to the Planning Board
for Review and Recommendation.
I1. Check Registers.
ADDENDUM:
12. FIRE SERVICE--NOTICE OF DEFAULT
COMMUNICATIONS:
13. Robert Sabia,Facilities Committee Member:
RE: Resignation from Facilities Committee.
14. Carlos Rish, Advisory Council on Environmental Conservation:
RE: Resignation from Advistory Council on Environmental Conservation.
NEXT MEETING DATES:
REGULAR MEETING JANUARY 27, 1998
AGENDA MEETING FEBRUARY 10, 1998
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MINUTES OF AN AGENDA MEETING
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
VILLAGE HALL 938 KING STREET
RYE BROOK, NEW YORK
JANUARY 13, 1998 7:30 p.m.
CONVENE MEETING
The Meeting was called to order at 7:30 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of
Allegiance followed.
The following members of the Board of Trustees were present:
Mayor Salvatore M. Cresenzi
Trustee Joseph Pellino
Trustee Eugene R. Strum
Trustee Nancy Stein Tunis
Trustee Gary J. Zuckerman
Village staff attending the meeting were:
Village Administrator Christopher J. Russo
Village Attorney Kenneth E. Powell
Assistant to the Administrator Richard C. Slingerland
Fire Chief Martin Drexelius
Sgt. William Esainko
The Mayor proceeded to the items on the agenda and opened the first public hearing.
PUBLIC HEARINGS:
1. CONSIDERING LOCAL LAW INTRO. # 1 - 1998, AS AMENDED, REGARDING THE
NYS ALTERNATIVE VETERAN'S PROPERTY TAX EXEMPTION PROGRAM.
Mr. Russo explained that there was a question as to whether the maximum tax on value would in fact
hurt Veterans who had been participating in the Alternative Veteran's Exemption Program. At a
previous meeting the Assessor, Mr. Wendlandt, explained that in 1997 the State adopted new, higher
caps on property value that would be neutral to Veterans already receiving the Alternative Veterans
Exemption(Note: Veterans previously participating in the program received the exemption based on the
equalization rate and the value of their home at the time they started participating, which locked in both
levels and therefore allowed them to receive a greater benefit).
Ken Heller of 22 Lincoln Avenue asked whether Veterans automatically receive the assessment reduction.
Mr. Russo explained that Veterans have to apply to the Assessor's Office to receive the reduction.
On the motion of Trustee Strum, seconded by Trustee Tunis, the Trustees voted unanimously to close the
public hearing.
The following is the text of the law considered at the public hearing:
January 13, 1998 00659X17
LOCAL LAW INTRO. #1 - 1998
Amending Chapter 228, Article IV of the
Code of the Village of Rye Brook to
increase the Alternative Veterans' Tax
Exemption under§458-a of the Real .
Property Tax Law as amended by
Chapter 417 of the Laws of 1997 of New
York State.
BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows:
Section 1. Chapter 228, Article IV, Section 228-26 of the Code of the Village of Rye Brook is
amended to read as follows:
§ 228-26. Exemption granted.
The maximum exemptions shall be granted to qualified veterans of the Village of Rye Brook
pursuant to the terms contained in § 458-a of the Real Property Tax Law, AS AMENDED BY
CHAPTER 417 OF THE LAWS OF 1997 OF NEW YORK STATE.
Section 2. This local law shall take effect upon filing in the Office of the Secretary of State.
2. CONSIDERING LOCAL LAW INTRO #2 - 1998 AS AMENDED, REGARDING
ENACTING BULK STANDARD ZONING CODE AMENDMENTS TO THE RYE
BROOK VILLAGE CODE.
The Mayor opened the public hearing and asked the Administrator to give some background on the
proposed local law.
The Village Administrator noted that the Village's Planning Consultant Christian Miller could not attend
the Board Meeting on this day and suggested that the matter be held over to the next board meeting. On
the motion of Trustee Peliino, seconded by Trustee Strum, the Board unanimously agreed to put the item
over until January 27, 1998.
3. CONSIDERING THE SITE PLAN AND SUBDIVISION APPLICATION BY HIGH
POINT VILLAGE DEVELOPERS.
Mayor Cresenzi announced the third public hearing and asked Anthony Veneziano, Attorney for the
Developers, to make a presentation on the project. Mr. Veneziano clarified the four separate applications
as the Site Plan Application, the Special Permit Application, the Subdivision Application and the
Wetlands Application. He noted that the primary purpose of the Public Hearing was to solicit public
comment on the applications.
Mr. Veneziano proceeded to give a brief history of the applications for the project, and noted that on
September 23, 1997, the Village Board of Trustees rezoned the property formerly known as High Point
Hospital to Planned Unit Development (PUD)Zone. After that time the four applications were submitted
and the Planning Board asked for reviews by the Village's consultants. On November 3, 1997, 2
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January 13, 1998 010 6 0 0
memorandums were issued -- one by Christian Miller, AICP, of Frederick P. Clark Associates, and one
by Leonard Jackson and Associates. Mr. Veneziano stated that by November 20, 1997, all of the
comments of the Planning Board and the Village Board of Trustees were addressed by his client,
Spectrum/Skanska.
Mr. Veneziano stated that on December 16, 1997, the Board of Trustees called for this public hearing,
and held a five-hour meeting on January 7, 1998 reviewing plans. He stated for the record that the
project site is 137 acres in size and is immediately south of the Westchester County Airport, north of the
Royal Executive Park, west of a residential area in the Town of Greenwich, Connecticut, and east of the
State University at Purchase. Mr. Veneziano explained that a 150-foot wide buffer had been established
along King Street for the length of the site, except for the parking by the planned Assisted Living Facility
(for senior citizens). He noted that the roads dedicated to the Village would be 24 feet in width, while
the interior roads that would remain private would be 18 feet in width. Some important aspects of the
latest version project included the dedication of twenty eight(28) acres of recreation land to the Village,
the elimination of a sixty-thousand square foot office building just south of the Airport and three
thousand and five hundred (3,500) square feet of retail space for"modest retail uses." Mr. Veneziano
stated further that as part of the planning and redesign phase of the project, all of the buildings and
building envelopes had been removed from the Runway Protection Zone (RPZ).
Mr. Veneziano concluded his comments and the Mayor opened the floor to comment.
Ken Heller was the first resident to speak and mentioned several items he disagreed with that were made
by Mr. Veneziano. Mr. Heller stated that four houses were left in the RPZ, noise levels would be too
high, planes flying over at 300 meters would cause noise levels to reach 110 Db, Sherwood Avenue
would have a sound and traffic impact on the development, and that sound levels would be higher during
the summer due to the higher temperatures. He also inquired about the status of the FAA warning
approach lights, and whether an adequate study had been done on the potential number of children who
would enter the school system. Mr. Heller found a statement to be hilarious in which the developers
stated that"the airport will affect the High Point Development." He asked, "What about the High Point
Development affecting the airport, which had been there since the 1930's7"
Mr. Heller continued on regarding the roads in the subdivision; he felt that although some of the roads
would remain private, eventually they would all be turned over to the Village. With that in mind, Mr.
Heller felt that all of the roads in the subdivision should be built and maintained to the appropriate
standards. Mr. Heller also challenged the projected daily water demand of 147,000 gallons as too low,
stating that the site should have additional water storage and pumping capacity. Mr. Heller questioned
the need for a sewer-discharge permit, he questioned the fact that the wildlife review was performed in
December-- a bad time for such a study, and he questioned the need for 70,000 cubic yards for fill to be
used for a building site and he questioned the contaminants in 2,000 cubic yards of contaminated earth
slated for removal from the site. Mr. Heller stated that the Board had not performed adequate studies.
Trustee Strum responded to Mr. Heller, stating that he was incorrect in suggesting that the Board had not
properly reviewed all of the environmental aspects of the site that should have been considered in the
EIS. Mr. Veneziano briefly reviewed the environmental reviews that had been performed on the site, and
the mitigation measures that had been imposed on the site, including noise reduction measures to reduce
on-site noise to 45 Ldn. Mr. Veneziano stated that studies by the Village's Engineers and Planners and
mitigation measures they had proposed would adequately address most of Mr. Heller's concerns.
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006601,
January 13, 1998
Frank Napolitano, President of the King Street Homeowners' Association in Greenwich, noted that the
residents in the area supported the use but opposed the density of the site development. He stated that
upon full development, High Point would hold one third of the population of Rye Brook. He raised three
issues he felt were inadequately addressed in the project reviews, including (1) fire service issues; (2)
which firehouse was closest to the site for insurance purposes; and (3) the inadequacy of the 3,500 s.f of
retail space to serve the site (which would increase traffic around the site).
Trustee Pellino responded to Mr. Napolitano and clarified that the population increase spurred by High
Point would be 14 to 15 percent at final build out, not 33 percent. Mr. Napolitano also submitted written
comments of Greenwich Town Planner Diane Fox on drainage and traffic.
Trustee Strum clarified that it was never intended that the retail space on the site should cover all the
needs of the residents who would live at High Point. Mr. Veneziano also noted that with the zone change
from million square feet of office space under an OB-1 zone to a PUD zone with residential units the
traffic would be greatly diminished. He also assured the Board that Spectrum would continue to have a
dialogue with the Town of Greenwich to address their concerns.
Frank Filipowski of 260 Betsy Brown Road reminded the Trustees of the numerous times Rye Brook had
stated that the community needs more ball fields. He noted that in the Blind Brook School System, in
which the schools share recreational facilities, that the demand for ball fields and the like would increase
proportionate to the population increase, especially with the number of single family homes slated for
High Point, Mr. Filipowski was concerned that the projected population increase of 15% would be
exceeded. Mr. Filipowski further inquired as to whether all Rye Brook residents would be allowed
access to High Point's recreation facilities.
Mr. Veneziano stated that Rye Brook residents would be allowed to use the basketball courts for
scheduled games; he also noted the contribution of approximately 28 acres of recreation land to the
Village for any purpose determined by the Village.
Mr. Michael Weiss, Landscape Architect for the High Point developers, made a presentation on the plans
and layout of the site landscaping and improvements. He discussed the Village Green concept, which
included the lawn for recreation, the plaza space, the amphitheater, and the opportunity for year-round
recreation on the site. He noted the opportunities for active recreation in the gym and more passive
recreation in the pool area and sundeck space.
Mr. Donald Degling of 5 Elm Hill Drive approached with a question as to whether the facilities and
Village Green would be open to other residents of Rye Brook. Mr. Mitchell Hochberg of Spectrum
Skanska stated that only those who live at High Point will have access to the recreation facilities, except
for the basketball courts for games scheduled on specific nights through the Rye Brook Recreation
Department, Frank Filipowski inquired as to whether the basketball courts would be regulation courts,
but no answer to his question was provided.
Trustee Pellino raised his concern that the building footprints should remain constant. He noted the
possibility that homeowners might seek to build pools, and he suggested a work session with the Village
Board, the Planning Board and the applicant to discuss restrictions on extensions or additions that could
be built onto the units, as he recalled that there had agreement on restrictions on the building envelopes.
Mr. Veneziano stated that on the Declarations for the units there would be restrictive covenants to
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January 13, 1998 006602
prevent additions and expansions. Trustee Zuckerman asked whether there would be restrictive
covenants on the pools. Mr. Hochberg answered, "No," and Mr. Veneziano expanded, stating that only a
limited number of homes would have adequate space to accommodate a pool.
Trustee Pellino stated that there had been many review sessions during the EIS process, including Joint
Meetings between the Trustees and the Planning Board including the efforts of Mr. Rotfeld, with the goal
of getting New York American Water Company to address the Trustees' concerns about the degradation
of water pressure. Trustee Pellino stated his intent that the water pressure on the site should be improved
and maintained at a high enough pressure without any impacts on the residents of High Point, or
neighbors to High Point.
The Mayor asked for further comments, and there was no further comment. On the motion of Trustee
Tunis, seconded by Trustee Zuckerman, the Board unanimously agreed to close the Public Hearing.
At this time the Mayor stated that the Board would take a brief recess, which began at 8:35 p.m. The
Board returned from recess at 8:48 p.m. and continued on with the business stated on the Board agenda.
4. NEGATIVE SEORA DECLARATION & BOND AUTHORIZATION IN THE AMOUNT
OF$195,000 FOR THE PURCHASE OF 502 ELLENDALE AVE..RYE BROOK.
The first item considered was the SEQRA negative declaration. On the motion of Trustee Pellino,
seconded by Trustee Zuckerman, the following resolution was adopted:
RESOLUTION
NEGATIVE SEQRA DECLARATION
ACQUISITION OF LAND AT
502 ELLENDALE AVENUE, RYE BROOK
RESOLVED,that the acquisition of 502 Ellendale Avenue is found to be an unlisted action under
SEQRA which will have no significant environmental impact as further set forth in the accompanying
negative environmental declaration; and it is
FURTHER RESOLVED,that the accompanying negative environmental declaration is hereby
adopted.
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
The next item considered was the Bond Authorization Resolution. Trustee Pellino asked for a
clarification of the $195,000 amount of the Bond Resolution, as he thought the amount of the purchase
was $170,000. Mr. Russo explained that the $195,000 figure was intended to cover closing costs and the
costs of some repair work needed on the property.
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January 13, 1998 0066 0 al!
On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby
adopted:
RESOLUTION
BOND RESOLUTION DATED JANUARY 13, 1998,AUTHORIZING THE
ISSUANCE OF $195,000 SERIAL BONDS
OF THE VILLAGE OF RYE BROOK
TO FINANCE THE ACQUISITION OF LAND AT
502 ELLENDALE AVENUE IN THE VILLAGE
PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK
BE IT RESOLVED,by the Board of Trustees of the Village of Rye Brook, New York as follows:
Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal
amount of$195,000 pursuant to the Local Finance Law of New York in order to finance the specific
object or purpose hereinafter described.
Section 2. The specific object or purpose (hereinafter referred to "purpose")to be financed by
the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or
completed during or after the year 1997:
the acquisition of land at 502 Ellendale Avenue in the Village of Rye Brook
Section 3. The Board of Trustees has determined and hereby states that the estimated maximum
cost of such purpose is $195,000 and that it plans to finance such cost by the issuance of Serial Bonds
authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be
applied for the financing of such purpose.
Section 4. The Board of Trustees hereby determines:
(a) That the purpose for which said bonds are to be issued is set forth in subdivision 21 of
paragraph(a) of Section 11.00 of said Local Finance Law and that the period of probable
usefulness of said purpose is thirty (30)years;
(b)No part of the cost of the purpose authorized by this resolution has been or shall be
specifically assessed on property specially benefitted thereby.
Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and
pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to
authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this
resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond
anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village
Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any
Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of
the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to
any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by
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January 13, 1998 006604
the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or
bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated
official of the Village. The authority to designate such fiscal agent or designated official is hereby
delegated to the Village Treasurer.
Section 6. When this resolution shall take effect in the manner provided by law, it shall be
published in full by the Village Clerk together with a notice in substantially the form prescribed in Section
81.00 of said Local Finance Law and such publication shall be in the Daily Item, a newspaper having a
general circulation in said Village, and published in the County of Westchester and State of New York.
The validity of said Serial Bonds or any anticipation notes issued in anticipation of the sale of said Serial
Bonds may be contested only if such obligations are authorized for an object or purpose for which said
Village is not authorized to expend money, or the provisions of law which should be complied with at the
date of publication of this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such publication, or if
said obligations are authorized in violation of the provisions of the Constitution of the State of New
York.
Section 7. This resolution is subject to a permissive referendum in accordance with the
provisions of Article 9 of the Village Law of the State of New York.
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
5. MAKING A POSITIVE SEORA DECLARATION ON RED ROOF FARM
SUBDIVISION.
6. MAKING A POSITIVE SEORA DECLARATION ON SUMMERFIELD SUITES SITE
PLAN.
Regarding the above items, Mayor Cresenzi noted that the Board had agreed to postpone items 5 and 6
until the January 27, 1998 Meeting.
7. AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN
AGREEMENT WITH WESTCHESTER COUNTY FOR PARTICIPATION IN THE
EMPLOYEE ASSISTANCE PROG. (EAP).
There being no discussion, the Mayor asked for a motion on the resolution. On the motion of Trustee
Pellino, seconded by Trustee Strum, the following resolution was hereby adopted:
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January 13, 1998
RESOLUTION
APPROVING AN AGREEMENT
WITH WESTCHESTER COUNTY
FOR PARTICIPATION IN THE COUNTY'S
EMPLOYEE ASSISTANCE SERVICES PROGRAM
RESOLVED,that the Village of Rye Brook is authorized to enter into an Inter-Municipal Agreement
(IMA) with Westchester County for Employee Assistance Services for the period of January 1, 1998 to
December 31, 1998 at the rate of$25 per employee for the total sum of$1,225; and be it
FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary
or appropriate to accomplish the purposes of this resolution.
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
8. DESIGNATING POLLING PLACES FOR THE 1998 VILLAGE ELECTION.
Mayor Cresenzi noted that the Town of Rye had created two new election districts, in anticipation of
some expected growth in the northern end of the Village; however, the polling places where people vote
would stay the same.
On the motion of Trustees Pellino, seconded by Mayor Cresenzi, the following resolution was hereby
adopted:
RESOLUTION
DESIGNATING POLLING PLACES FOR THE VILLAGE ELECTION
MARCH 17, 1998
RESOLVED, that voting machines owned by the Town of Rye shall be used at the next Village Election
held on Tuesday, March 17, 1998; and be it
FURTHER RESOLVED, that if said voting machines are not available, the use of paper ballots is
hereby authorized; and be it
FURTHER RESOLVED, that the polls in each of the nine Election Districts in the Village of Rye
Brook shall be opened at 7:00 a.m. in the morning and remain open until 9:00 p.m. in the evening of said
day; and be it
FURTHER RESOLVED, that the polling places be, and they hereby are, designated for the respective
Election Districts as follows:
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January 13, 1998 006C)OG
Election District #20 -Port Chester Middle School -Bowman Avenue (Main Lobby)
Election District #21 -Port Chester Middle School -Bowman Avenue (Main Lobby)
Election District#22 -Blind Brook High School -King Street (Main Lobby)
Election District#23 -Ridge Street School -North Ridge Street (Gymnasium)
Election District #26 -Port Chester Senior High School -Neuton Avenue(Main Lobby)
Election District #27 -Ridge Street School -North Ridge Street (Gymnasium)
Election District #29 - Ridge Street School -North Ridge Street (Gymnasium)
Election District #30 - Blind Brook High School -King Street (Main Lobby)
Election District #31 -Ridge Street School -North Ridge Street (Gymnasium)
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
9. ABOLISHING PERSONAL REGISTRATION DAY FOR THE VILLAGE ELECTION.
Trustee Zuckerman recommended a change in the 4'Whereas clause to read"declined to provide" and
the Board unanimously agreed. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the
following resolution was hereby adopted as amended:
RESOLUTION
ABOLISHING THE VILLAGE OF RYE BROOK
PERSONAL VOTER REGISTRATION DAY
WHEREAS, the Village of Rye Brook has previously designated a personal voter registration
day for village elections; and
WHEREAS, over recent years the Village of Rye Brook has witnessed a continuing decline over
recent years to the point where there is virtually no participation in Personal Voter Registration Day; and
WHEREAS,based on the lack of need for residents to participate in Personal Voter Registration
Day, combined with adequate venues for current and new residents to register in time for annual Village
elections, the Board of Trustees seeks to abolish Personal Voter Registration Day; and
WHEREAS, pursuant to Section 15 - 118 (3) of the Election Law, the Village may adopt a
resolution authorizing the Village of Rye Brook to decline to provide Personal Voter Registration Day;
and
WHEREAS, in such an event the Westchester County Board of Elections would continue to
provide registration of eligible voters, thereby saving the Village of Rye Brook unnecessary time, effort
and expense.
NOW, THEREFORE, BE IT HEREBY
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January 13, 1998 00660
RESOLVED, that the Village Personal Voter Registration Day for Village Elections is hereby
eliminated pursuant to Section 15 - 118 (3) of the New York State Election Law; and be it
FURTHER RESOLVED, that the Village Clerk shall post and publish this resolution in a
manner prescribed by law, if necessary, and such that the populace of the Village of Rye Brook shall be
made aware of this change in the Village Election procedure.
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
10. REFERRING THE SUBDIVISION APPLICATION FOR THE PROPERTY AT 538
WESTCHESTER AVENUE BY THE WESTCHESTER AVENUE HOLDING
COMPANY TO THE PLANNING BOARD FOR REVIEW AND RECOMMENDATION.
On reviewing the application, the Board noted that the address of the property was 538 Westchester
Avenue, not 551 Westchester Ave., and unanimously agreed to correct the resolution. On the motion of
Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted as amended:
RESOLUTION
REFERRING THE SUBDIVISION APPLICATION
TO THE PLANNING BOARD FOR
WESTCHESTER AVENUE HOLDING CO., LLC
FOR THE PROPERTY AT 538 WESTCHESTER AVENUE
(SEC. 1, BL. 21, LOT 9A)
RESOLVED, that the 2-lot subdivision application by the Westchester Avenue Holding Co., LLC, with
respect to the property located at 538 Westchester Avenue, at the corner of Bowman Avenue and
Westchester Avenue, also known as Sec. 1, Bl. 21, Lot 9A, is referred to the Planning Board for a report
and recommendation; and it is
FURTHER RESOLVED,that the applicant shall make a deposit into the professional fees/
environmental review fund in the sum of$500 and such additional sums as may be requested to defray the
costs of review for this application.
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
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January 13, 1998 006608
11. CHECK REGISTERS.
On the motion of Trustee Pellino, seconded by Trustee Zuckerman, 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 and Budget Officer for payment:
On-Line Checks 17735 - 17849
Payroll 24671 - 24874
Pre Paid 17726 - 17732
Environmental 124 & 125
Capital 2785 & 2786
NOW, THEREFORE, BE IT
RESOLVED, that the Board of Trustees after audit hereby approves payment of the above-mentioned
claims and authorizes payment thereof.
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was
adopted:
RESOLUTION
FRIENDS OF RYE BROOK, INC.
CHECK REGISTER
WHEREAS, the following checks, representing payment for services rendered, have been submitted to
the Treasurer's Office and Budget Officer for payment:
Friends of Rye Brook, Inc. 146 & 147
NOW, THEREFORE, BE IT
RESOLVED, that the Board of Directors of the Friends of Rye Brook, Inc., hereby approves payment of
the above-mentioned claims and authorizes payment thereof.
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
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January 13, 1998 0066011
12. FIRE SERVICE -- NOTICE OF DEFAULT.
The Mayor noted that there would be an addendum on tonight's agenda regarding the performance of
Rural/Metro Inc. at the fire at a home Rocking Horse Trail. Mayor Cresenzi explained that the tragedy
of the loss of the home at Rocking Horse Trail on December 8, 1997, had prompted the Board to initiate
an investigation into the response at the fire and whether the procedures bad been followed properly. He
stated, "We promised we'd review the facts and make a decision about going forward." The Mayor read
the resolution, and asked for a motion and it was moved and seconded. Mayor Cresenzi commented
briefly that since the fire contract is performance based it gives the Village the ability to monitor and
review the contract and the company's performance and ensure it is up to standards.
On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby
adopted:
RESOLUTION
WHEREAS, in December of 1995 the Village of Rye Brook formed its own fire department, and
contracted with Rural/Metro Fire Department Inc. for fire protection and related services, after its prior
fire service provider refused to meaningfully negotiate with Rye Brook regarding important public safety
concerns, including the urgent need for a Rye Brook Fire Station and then issued a"take it or leave it"
ultimatum; and
WHEREAS, the Rye Brook Fire Department, as staffed by Rural/Metro, has through its paid career
firefighters provided exemplary service over the past two years, and has provided a significant
improvement in emergency medical response; and
WHEREAS, these services have been provided in the face of extraordinary and repeated efforts of
opponents of Rye Brook to undermine the viability of the fire services; and
WHEREAS,the Rye Brook Fire Department has persevered in a hostile environment and has
extinguished numerous structural fires in the past 2 years without the need to call for mutual aid; and
WHEREAS, at the recent fire in a home on Rockinghorse Trail, the paid career Rye Brook firefighters
provided a prompt and professional initial response, but the reserve response was not up to the minimum
contractual requirements; and
WHEREAS, a low daytime firefighter turnout is not confined to Rye Brook, but is a problem for many
other fire departments; and
WHEREAS, the Rye Brook-Rural/Metro fire protection contract is performance based and Rye Brook
has issued a notice of default to Rural/Metro and has demanded prompt corrective action to be taken, and
to its credit Rural/Metro has acknowledged the contractual inadequacy; and
WHEREAS, the primary focus of the Village Board must remain on the Village's fire protection needs.
NOW, THEREFORE, BE IT HEREBY
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January 13, 1998 006610
RESOLVED, that the Mayor, Village Administrator and other appropriate Village Officials shall assess
with Rural/Metro the viability of the current Fire Service Contract; and be it
FURTHER RESOLVED, that the Mayor, Village Administrator and other appropriate Village Officials
are authorized to prepare for the steps necessary to establish a municipal fire department with paid,
municipally employed firefighters, in the event that Rural/Metro cannot correct deficiencies, after being
notified thereof.
Trustee Strum VOTING AYE
Trustee Tunis VOTING AYE
Trustee Zuckerman VOTING AYE
Trustee Pellino VOTING AYE
Mayor Cresenzi VOTING AYE
COMMUNICATIONS:
13. ROBERT SABIA FACILITIES COMMITTEE MEMBER:
RE: RESIGNATION FROM FACILITIES COMMITTEE.
14. CARLOS RISH ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION:
RE: RESIGNATION FROM ADVISORY COUNCIL ON ENV. CONSERVATION.
The Board briefly reviewed the above communications, noting that they were self explanatory.
Continuing on, the Mayor announced the meeting dates for the next board meetings, and made a
reminder about the planned Work Session on January 20, 1998 regarding the High Point applications.
At this point the Mayor opened the floor for discussion.
Kurt Krumperman, Regional President of Rural/Metro Northeast, approached to comment on the
Board's actions on the Fire Service resolution, and stated Rural/Metro's support for performance
standards in its contracts. He respected the Board's position regarding the fire service, and understood
their need to put Rural/Metro on notice.
He gave a brief history of the department, and noted that the fire department had originally been set up
and was off the ground and running within a month. Rural/Metro had built up the department, and it
provided fine fire service with protection, prevention and emergency medical services. However, over
the past two years Rural/Metro had difficulty raising and maintaining an adequate reserve force for
effective fire fighting. He noted that the model developed of a core paid fire company supplemented by
reserve fire fighters was not unlike ones established in surrounding communities.
Mr. Krumperman continued that Rural/Metro had worked with the Village to layout an appropriate fire
department for Rye Brook, including a plan for the Mutual Aid system, a computer map of the Village,
pre-fire planning for commercial and multi-family dwellings, computerized record keeping, and on-
request free home inspections. Simultaneous with the start of the Fire Department they had established
an EMTD program and a Knox rapid-entry system for fire suppression.
Mr. Krumperman next set forth Rural/Metro's plans for the future to maintain adequate fire protection in
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January 13, 1998
the Village, which primarily focused around increasing staff. Rural/Metro had brought in emergency task
- force personnel on 16-hour rotated shifts as part of their efforts to maintain staffing levels due to limited
number of reservists. He promised that Rural/Metro would keep assigning task force personnel to Rye
Brook until the Reservists up to par. He announced Rural/Metro's plans to augment the Reservist
Program, which included more advertising, establishing partnerships with the larger local employers along
with agreements to release employees during work hours when reservist calls are issued, and increased
financial incentives for people to join the Reserves. Mr. Krumperman also noted that people can assist at
the fire-ground with non-firefighting related duties. However, he voiced his skepticism as to the success
of these efforts because Rural/Metro had been attempting to implement many of these programs in the
past but had met with resistance. He assured the Trustees of Rural/Metro's commitment to the Village.
Trustee Zuckerman responded to Mr. Krumperman stating that many of his proposals were ones that had
been attempted in the past without much success. He asked, "What has changed to make you believe that
these efforts will be successful now, when that had not achieved success over the past two years?" Mr.
Krumperman noted that the company's efforts had not been so strong with local colleges and businesses,
and he believed that students and employees of local industry might have the most promise. Mr.
Zuckerman asked, "What will happen if you don't correct these deficiencies and increase the number of
your Reservists?" Mr. Krumperman concluded that Rural/Metro would not be in compliance, but that
the company would remain committed to providing service to the Village, even if it is to be done in a
transition mode.
Trustee Pellino spoke up on the Reservist issue, and clarified the Board's intent, which is to increase the
number of Reservists to an appropriate level in the next 60 days; he explained, however, that the Board
realized the difficulty of the task because of the harassment and threats that Reservists had been subjected
to in the past. He urged residents to realize that the situation was very tragic that outside groups had
such a negative and antagonistic attitude against the Village. Trustee Pellino stated, "This board is taking
actions it has seriously considered since December 8, 1997, and the difficulties we've faced from day-one
have made it next to impossible to do the job we originally intended to do."
Mayor Cresenzi continued that the Board had made a commitment to investigate all events surrounding
the fire at the home on Rockinghorse Trail in December, 1997, that basically what the Village is doing is
what we did two years ago -- planning ahead for the event that a change has to be made, so that we are in
a position to make any changes with no break in fire protection services.
Trustee Tunis commented that she had personally endured a great deal of harassment, as the other
Trustees had also faced. She revealed that she and the Trustees had endured death threats, prank phone
calls and pornography, and stated, "We understand the harassment the firefighters and reservists have
endured, and we appreciate their perseverance and commitment to Rye Brook." Mrs. Tunis concluded
with the request that everyone remain calm over the next 60 days. She noted that the Village was asking
for assistance and cooperation from surrounding communities until Rye Brook's Fire Department had
resumed normal, everyday operations.
Trustee Zuckerman commented that at one time the Village had a list of Reserves with 50 names, most of
who lived in surrounding communities, and we know threats were made against them, as most of them
left because of coercion. However, it was only with the fire at Rockinghorse Trail that we realized the
extent to which the ranks of the reserves had diminished. Ultimately, it is this Board's responsibility to
do what's best for the Village and we will do everything in our power to protect our residents.
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January 13, 1998 006612
Mayor Cresenzi commented that Rye Brook is a comfortable place, and we felt from early on that the
only way this could work is through a partnership. He stated, "I felt the company let its partner down for
not fulfilling its part with regard to the reservist program. We'll be watching and expecting to be updated
on the status of the reservists and the company's progress." The Mayor continued that the Trustees are
take public safety seriously for the residents of the Village, and the Board would like to see some new
ideas for adding to the rolls of the reservists, rather than running adds and going to colleges and
businesses, because that had been attempted in the past without much success.
Mr. Krumperman commented that he would agree with almost everything that had been stated by the
Trustees except the initiatives with employers, which is a relatively new idea. He thanked the Trustees
for their kind words for the firefighters, and noted that in all his dealings with them, the Trustees had set
their minds on doing what was in the best interests of the safety of the Village.
Mayor Cresenzi next invited comment from the public.
Frank Filipowski of 260 Betsy Brown Road pointed out that when Rural/Metro first arrived to work in
Rye Brook that a flyer had been distributed which promised 44 reservists in addition to the full-time paid
firefighters. Mr. Filipowski was very concerned that it had actually been a long time since there had been
44 reservists. He quoted the contract as requiring an attack team of 9 firefighters, including reservists, to
respond to a fire. He reminded Mayor Cresenzi that he had stated at the Board Meeting on December
16"' that the Village would be debriefing everyone, including the Greenwich Fire Department, on the
actions taken at the fire. Mr. Filipowski asked to hear the results of that investigation and for a listing of
all of Rural/Metro's deficiencies pursuant to the contract. "Are our current firefighter forces adequate?"
Trustee Strum responded that Mr. Filipowski was misinterpreting the contract. He commented that the
contract called for a minimum of 25 reservists to be available on call, and that it was to be expected that
during the day some of those reservists would be out of the area at work. Mayor Cresenzi continued that
the contract has certain requirements... but at the Rockinghorse Trail fire the Fire Department responded
with 5 firefighters plus the Chief. The Mayor noted that he would have expected about 16 people at the
fire, but we only had 6 full-time men and 3 reservists. Trustee Tunis commented that the Trustees had
not commented that the numbers of the reservists had diminished, but that when the alarm was issued,
there was not an adequate response. There was some discussion and disagreement over the number of
reservists. The Mayor stated, "The full-time Fire Department staff are excellent; the only part of the
departmental model that failed was the number of reservists responding to a call." The Mayor summed
up the problem as not whether there are 22 or 25 reservists on the roster, but that when an actual fire
occurred whether there was an adequate response. He concluded since there was not an adequate
response, we are putting the company on notice for failing to live up to its contractual obligations. The
Mayor stated that for the time being, in order to live up to its obligations the company had brought in
qualified emergency personnel with extensive volunteer firefighting experience from the Syracuse and
Buffalo area.
Mr. Filipowski returned to the issue of when the number of reservists had declined, and asked the
Trustees when Rye Brook had 100 reservists, which had been stated earlier. Trustee Pellino clarified that
the Trustees had not said that Rye Brook had a total of 100 reservists, but that because of turnover Rye
Brook had over 100 people pass through its reservist ranks, but the efforts and harassment from
despicable people outside of the community caused them to stop being reservists.
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January 13, 1998 006613
Ken Heller of 22 Lincoln Avenue stated that Rural/Metro should live up to its contractual obligations,
and complained about the Board's attacks on outside communities as being pointed and antagonistic. He
wanted to know who had invited the television news crews; Mayor Cresenzi responded that the Village
had not invited them but that they had come on their own. Mr. Heller concluded his comments and told
the Board to watch their language.
Mr. Joseph Siclare of 95 Grant Street reminisced about a fire in his own home 20 years ago, at which he
only had water damage -- the Port Chester Fire Department had put out the fire. He asked whether the
Village had done a response time survey and whether fires at the schools could be extinguished. Mayor
Cresenzi responded that a resident of Port Chester had approached the Board about a 15-minute response
time by the Fire Department to the Port Chester Middle School, and noted that the Village had showed
her the dispatch tapes, which showed that the fire department's response was not 15 minutes. Trustee
Tunis also noted that the Fire Department had also recently put out a fire at the Port Chester High School
which turned out to have been an instance of arson; the Mayor noted that a false alarm(such as the one
at the Middle School) would not have caused for the reserves to be called out.
Mr. Joseph Fiscella of Woodland Drive asked about Rye Brook's status in the Mutual Aid plan. The
Mayor responded, "I believe we will get Mutual Aid. The only community which refused Mutual Aid to
Rye Brook for the Rocking Horse Trail fire was Port Chester." Purchase sent firefighters to man the
firehouse, Greenwich sent assistance to the fire scene, and Rye City issued a call but no volunteers
responded. Port Chester was the only municipality which refused to respond.
Mr. Domenick Servi, a resident of the Village, asked how the Mayor knew that Port Chester denied
Mutual Aid to Rye Brook. The Mayor responded that he knew that Port Chester's stance was based on a
memorandum from former Village Manager Michael Graessle, who said that Port Chester should not
grant mutual aid to Rye Brook because of insurance questions that were unanswered. Mr. Servi
responded that the Mayor should not blame Port Chester for everything. He said, "I'm hurt by what I'm
hearing." Mayor Cresenzi responded, "I don't blame the Port Chester Fire Department, I blame Port
Chester's officials for ordering the PCFD not to give Rye Brook Mutual Aid." The Mayor commented
that to refuse a call for help is outrageous. Trustee Pellino commented that the Mayor of Port Chester
had repeated her support for Port Chester's policy until the issue of insurance was resolved; Mayor
Cresenzi stated that insurance is a non-issue because it has always been covered under the law. Mr. Servi
accepted the Mayor's response, but asked to hear a definition from the Rye Brook Fire Chief on what
Mutual Aid is. Mayor Cresenzi would not allow Mr. Servi to confront the Fire Chief, and responded
that, "Mutual Aid is when someone calls for help, you help."
There being no further comments, the Board unanimously agreed to end the meeting at 10 p.m.
Respectfully submitted,
Christopher T Russo
Village Administrator/Clerk
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