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HomeMy WebLinkAbout1996-11-12 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES AGENDA MEETING TUESDAY, NOVEMBER 12, 1996 6:30 P.M. -- WORK SESSION PLEDGE OF ALLEGIANCE WORK SESSION: 1. A LOCAL LAW AMENDING THE VILLAGE CODE WITH REGARD TO FIRE SPRINKLER SYSTEM REQUIREMENTS. 7:30 P.M. - - BOARD MEETING PUBLIC HEARING: 2. RECONVENING A PUBLIC HEARING ON A LOCAL LAW AMENDING THE VILLAGE CODE TO PROVIDE FOR LIMITATIONS ON TYPES OF WASTE COLLECTED. RESOLUTIONS: 3. A RESOLUTION REFERRING TO THE PLANNING BOARD THE APPLICATION OF LARIZZA CONSTRUCTION TO BUILD SENIOR HOUSING ON WEST STREET/GRANT STREET. 4. A RESOLUTION AUTHORIZING AN APPOINTMENT TO FILL A VACANCY IN THE POSITION OF INTERMEDIATE TYPIST, HUMAN SERVICES. 5. A RESOLUTION AUTHORIZING AN APPOINTMENT TO FILL A VACANCY IN THE POSITION OF SERGEANT IN THE RYE BROOK POLICE DEPT. 6. A RESOLUTION AUTHORIZING AN APPOINTMENT TO THE VILLAGE OF RYE BROOK POLICE AUXILIARY. 7. A RESOLUTION DECLARING THE TRUSTEE POSITIONS TO BE FILLED IN THE MARCH, 1997, VILLAGE ELECTIONS. 8. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GREENWICH WOODS NURSING HOME ALLOWING IT TO CONNECT TO THE RYE BROOK SANITARY SEWER SYSTEM. 9. A RESOLUTION AUTHORIZING THE VILLAGE TO COMMISSION A STUDY WITH CARROLL BURACKER& ASSOCIATES, INC., OF HARRISONBURG, VIRGINIA, TO STUDY SITE LOCATIONS FOR A FIRE HOUSE. 16 AGENDA NOVEMBER 12, 1996 PAGE TWO 10. CHECK REGISTERS. WRITTEN COMMUNICATIONS: 11. LETTER FROM PETER J. MURRAY'S RE: SUBDIVISION APPLICATION FOR BLIND BROOK ESTATES; 998 KING ST. MINUTES: 12. JULY 23, 1996 REGULAR MEETING 13. AUGUST 13, 1996 AGENDA MEETING 14. AUGUST 27, 1996 REGULAR MEETING ITEMS FOR NEXT MEETING-- NOVEMBER 26, 199 1. RESOLUTION AWARDING CONTRACT#9610 ENTITLED "VILLAGE OF RYE BROOK OFFICE RELOCATION." i 17 006257 MINUTES OF AN AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE OFFICES 90 SOUTH RIDGE STREET RYE BROOK, NEW YORK NOVEMBER 12, 1996 6:30 P.M. CONVENE MEETING The Meeting was called to order at 6:35 p.m. by Mayor Cresenzi in the Meeting Room and the roll was called. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum -- absent Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Village Attorney Kenneth E. Powell Building Inspector Vincenzo Tamburro Police Chief Robert Santoro Fire Chief William Dee McCluskey Secretary to the Village Board Lisa B. Marinaccio WORK SESSION: 1. A LOCAL LAW AMENDING THE VILLAGE CODE WITH REGARD TO FIRE SPRINKLER SYSTEM REQUIREMENTS. Mayor Cresenzi reconvened the Work Session to discuss fire sprinklers, particularly which structures would be exempt under the Code. He announced the Board's agreement that the law would include all new residential and commercial construction. Discussion ensued regarding additions to existing homes. The Board wanted to establish to what percentage an existing home would be exempt or required to comply with the new law. Trustee Pellino stated that he and Mr. Tamburro had met and discussed the proposed law. They brought in some experts in the field, including Keith Ford from Scotsdale Operation. Trustee Pellino stated the current Code as interpreted from the Uniform Fire Prevention Code has a figure of above 50%. Trustee Pellino suggested that if the Board came up with a figure other than what is already in the Code, there might be litigation potential. He further suggested that if the Code followed the existing Code by allowing the option that under certain circumstances, i.e. financial hardships, construction hardships or difficulty with getting compliance, an application for a petition of variance could be submitted, it would shed a positive light on the fact that the Code is in following with the rest of the country and especially New York State. 006258 November 12, 1996 Mayor Cresenzi asked if the "50%" figure meant that an entire structure would have to comply with the Sprinkler Code. Mr. Tamburro answered affirmatively, reconstruction or addition to an existing home at a cost above 50% of the value of the home would require sprinklers throughout the entire structure. Trustee Tunis asked for a clarification of"value." Mr. Tamburro responded that value is the appraised retail value of the home. "If a homeowner applies for a building permit, the permit fee is based on a' formula based on the value of the work they are doing, so the"50%" rule would be based on that value. If the value of the repair or addition is greater than 50% of the assessor's calculated value of the home, then the homeowner would be required to install sprinklers throughout the entire structure." Trustee Tunis asked what percentage of homeowners do work above 50% of the value of a home. Mr. Tamburro estimated about 10 to 15% since he had been here. Trustee Pellino raised the question that someone might come in with 40% renovation in one year and then follow it with more renovations a year later. He suggested discouraging this practice by establishing a two or three year period. Mayor Cresenzi asked what happens if the value of a repair is less than 50% of the value of the home. Trustee Pellino responded that repairs or additions to more than 30% of the value of a home require sprinklers in that specific area. Value is the easiest to calculate and it is the standard used in the State Building Code, making it a consistent standard of value. Trustee Zuckerman asked whether in single or two family homes the homeowner would be required to retrofit the entire structure. He felt that they should not be required to do so. Trustee Pellino disagreed to the extent that the law should cover a single family renovating more than 50% of home-value, and not less, as it has not been determined what will constitute a renovation versus a repair. Trustee Tunis asked the Chief if a house destroyed by fire faces stricter requirements under the Insurance Code. Chief McCluskey responded that the Insurance Code does not require it, but a Sprinkler Code should identify the circumstances that it be mandated. It is not the owner who is responsible for it; it is the insurance company that benefits over the long term from the sprinkler. Therefore, it should be accounted for in the recovery by the insurance company. The Chief stressed the importance to include renovations as well as new construction, as renovations pose the most risk in regards to fire. Trustee Zuckerman agreed that"renovations" should apply when they are reconstructions covered under insurance policies. However, a homeowner renovating to increase the value of his home or to make his home larger should not be required to sprinkler his or her home as the cost may be a deterrent. Mr. Zuckerman continued that commercial buildings should definitely be covered. Chief McCluskey agreed, but would like our law to be in line with surrounding communities. He also expressed interest in developing relationships with sprinkler system contractors. Trustee Tunis asked how much a sprinkler system costs in a house being renovated. Mr. Tamburro answered approximately $7,000. Trustee Tunis asked if there are insurance premium reductions for homeowner's who have sprinkler systems. The Chief answered that the insurance companies offer substantial benefits to commercial structures with sprinkler systems and should be encouraged to offer similar benefits to homeowners. Trustee Tunis agreed with requiring homeowners renovating more than 50% of value to comply. Trustee Pellino added that insurance companies give rebates on premiums for sprinklers or further protections of existing portions of a home. The Chief suggested that an variance process be established for those facing a financial or construction hardship on review by the Board. 2 006259 November 12, 1996 Mayor Cresenzi asked if any jurisdictions have Codes with a 50% figure for a full structure and do not include as part of that Code the issue dealing with a 30% value addition/reconstruction requirement. Mr. Tamburro answered that Greenburgh's law is similar. However, the 50% rule is only for commercial structures and is for value, not 30% of the square footage. Greenburgh did not retrofit any of their existing homes. Mayor Cresenzi surmised that they either did not deal with residential reconstruction, or went with the 50% value and 30%. The Mayor stated that if he had to make a decision immediately, he would apply the 30% rule to commercial structures, the 50% rule to the commercial and residential, but not the 30% rule to residential. Trustee Tunis suggested that people may not be able to afford the extra cost of renovation and research should be made into what is being proposed for renovations in the community. Mr. Tamburro agreed to research building permits over the last year and determine what percentage would fall under the 30% rule and what percentage would fall under the 50% rule. Mayor Cresenzi agreed with the theory of having a time period added, perhaps two or three years. Mr. Powell stated that Greenburgh has a six month period for the 50% rule, which may be the period that the State Building Code uses to calculate the 50% value. Mayor Cresenzi stated that there are commercial landowners in the community who try to manipulate regulations to their advantage. He suggested extending the time limit to eliminate the manipulation of the law. A minimum of two years was the consensus. Mayor Cresenzi suggested applying that time period to all required, residential and commercial at 50%. For commercial structures, the requirement should apply to floor area and not value. Discussion ensued regarding various commercial locations and whether they are sprinklered. The Board further discussed clearly wording the 50% rule on how much area is being renovated rather than how the space is being increased. A question was raised as to whether additions and renovations are separate, but it was determined that all construction, whether additions and/or renovations should be included in the calculations. Trustee Pellino suggested that there will be a hardship on small shop owners. Chief McCluskey responded that there should be no hardship, because the responsibility is to the building owner, not the tenant. Trustee Pellino asked in situations such as Ridge Street buildings that have only two or three retail tenants, would they require the entire buildings to comply. Chief McCluskey responded that adding a sprinkler system to that large a building would be so insignificant as not to create a hardship to the owners. Mr. Powell suggested that the renovations would be store by store and should be considered as such. Mayor Cresenzi raised the concept of using floor area and time period plan with regards to the entire structure. Mr. Powell contended that requiring sprinklers in a whole structure when renovation is required for one tenant will adversely affect the other businesses. It was responded that although it may cause somewhat of a hardship, allowing the businesses a deadline in which to comply will allow the Village to maximize safety while minimizing hardship. Trustee Zuckerman raised the issue of the movie theater not being sprinkled. The Chief added that United Cerebral Palsy is not sprinklered. Mayor Cresenzi adjourned the work session until a later meeting. Items 5 and 6 were taken out of turn. RESOLUTIONS: 5. RESOLUTION APPOINTING A RYE BROOK POLICE SERGEANT On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: 3 00€ 260 November 12, 1996 RESOLUTION APPOINTMENT OF POLICE SERGEANT RESOLVED, that James Mitchell of 95 Wesley Avenue, Port Chester, New York be hereby appointed to the probationary position of Police Sergeant at a salary of$56,880 with the Village of Rye Brook; and be it FURTHER RESOLVED, that the probationary period for the position shall be six months effective on the commencement date of November 13, 1996. TRUSTEE STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE ,MAYOR VOTING AYE Mayor Cresenzi stated that the appointment of a Youth Officer is an appointment by the Village Board. The second Youth Officer who will be appointed is part of the"Rye Brook family." He is a person with a hands-on personality and is an adept problem solver, which is what the position requires. Greg Austin will be the new Youth Officer, and he is given the Letter of Appointment effective December 2, 1996. 6. RESOLUTION - APPOINTMENT OF RYE BROOK AUXILIARY POLICE UNIT Mayor Cresenzi commended the Auxiliary Police Unit. On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF AUXILIARY POLICE OFFICER RESOLVED, that Robert C. Hay of 4 Wyman Street, Rye Brook, New York, is hereby appointed to the Village of Rye Brook Auxiliary Police Force effective October 28, 1996, for the purposes of enrollment in the Westchester County Peace Officer Training Class scheduled to begin on November 12, 1996. TRUSTEE STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 1. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE APPLICATION OF LARIZZA CONSTRUCTION TO BUILD SENIOR HOUSING ON GRANT STREET. 4 0062 t. November 12, 1996 On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION SETTING A PUBLIC HEARING DATE ON A SPECIAL PERMIT/SITE PLAN APPROVAL AND ZONING TEXT AMENDMENTS FOR THE WEST/GRANT STREET SENIOR HOUSING SUBMITTED BY LOUIS LARIZZA RESOLVED, that a public hearing shall be held by the Village of Rye Brook Board of Trustees at its Regular Meeting scheduled for Tuesday, November 26, 1996, at 7:30 p.m. at the Village Offices located at 90 South Ridge Street, Rye Brook, New York, 10573, on the Special Permit/Site Plan and Zoning Text Amendment Application for West/Grant Street Senior Housing proposal submitted by Ralph George ,Mastromonaco, P.E., on behalf of Louis Larizza. TRUSTEE STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 2. RESOLUTION APPOINTING AN INTERMEDIATE TYPIST- HUMAN SERVICES DEPARTMENT. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: RESOLUTION APPOINTMENT OF INTERMEDIATE TYPIST RESOLVED,that Gail DiLeo of 9 Beacon Lane, Rye Brook, New York, is hereby appointed to the provisional position of Intermediate Typist at a salary of$25,000 with the Village of Rye Brook effective November 13, 1996. TRUSTEE STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5 006262 November 12, 1996 7. RESOLUTION DESIGNATING THE OFFICES AND TERMS OF OFFICE OF POSITIONS TO BE FILLED AT THE MARCH 1997 VILLAGE ELECTIONS On the motion of Trustee Pellino, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION DESIGNATING THE OFFICES AND TERMS OF OFFICES OF THE POSITIONS TO BE FILLED AT THE UPCOMING MARCH 1997 VILLAGE ELECTION WHEREAS, pursuant to Section 15-104, Sub. 3(a) of the Election Law, the Village Clerk shall publish a notice at least four (4) months prior to the General Village Election, which designates the date of the Village Election, the offices to be filled at the Election, and the terms thereof. ,NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes that a Public Notice be posted and published in the Daily Item and in the Westmore News, the official newspapers of the Village of Rye Brook, to read as follows: PLEASE TAKE NOTICE that the next General Election in the Village of Rye Brook will be held on Tuesday, March 18, 1997; and PLEASE TAKE FURTHER NOTICE that the Offices to be filled are: Trustees(2), each for a two- year term of office commencing at noon on Monday, April 7, 1997, and concluding at noon Monday, April 5, 1999. By Order of the Board of Trustees Village of Rye Brook, New York Salvatore M. Cresenzi, Mayor Christopher J. Russo, Village Clerk TRUSTEE STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 8. RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GREENWICH WOODS NURSING HOME FOR THE USE OF SANITARY SEWER SYSTEM. 6 0062641 November 12, 1996 i On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the following resolution was hereby adopted: 1 RESOLUTION APPROVING SEWER USE AGREEMENT WITH GREENWICH WOODS LTD PARTNERSHIP RESOLVED,that the Village of Rye Brook is authorized to enter into an agreement dated October 23, 1996 with Greenwich Woods Limited Partnership under which the Village shall receive an annual permit fee plus back due amounts for use of a Village right-of-way and the conveyance of sewage from the Greenwich Woods Facility through a Village sewer to the sanitary sewer facilities of Westchester County; 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 STRUM ABSENT TRUSTEE TUNIS VOTING AVE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 9. RESOLUTION APPROVING A LETTER AGREEMENT WITH CARROLL BURACKER& ASSOCIATES. INC. TO CONDUCT A FIRE HOUSE LOCATION STUDY. On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION APPROVING CONSULTANT AGREEMENT WITH CARROLL BURACKER &ASSOCIATES, INC. FOR A COMPREHENSIVE FRIE STATION LOCATION STUDY RESOLVED, that the Village of Rye Brook is authorized to enter into a consulting agreement with Carroll Buracker& Associates, Inc. in the sum of$15,500 to perform a comprehensive fire station location study. TRUSTEE STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7 006264 November 12, 1996 10. CHECK REGISTERS After seeing that payment has been made for training on Windows 3.1, a question was raised regarding training for Windows 95. Administrator Russo stated that the upgrade is being considered. The digitized tax mapping information had been received with the approval of the Town of Rye. It is currently in the hands of Frederick P. Clark Associates, planning consultants, and they are utilizing it. It will first be used in the firehouse siting study. On the motion of Trustee Pellino, 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 by the Village Administrator: 8 006265 November 12, 1996 On-Line Checks: 15046-15164 Environmental: 137 NOW, THEREFORE, BE IT RESOLVED,that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. TRUSTEE STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE WRITTEN COMMUNICATIONS 11. LETTER FROM PETER J. MURRAY - RE: SUBDIVISION APPLICATION FOR BLIND BROOK ESTATES; 998 KING STREET. It was announced that a temporary restraining order against proceeding with the public hearing on the project had been discontinued. The applicant is suggesting that the Village proceed with the planning and public hearing process. Mr. Powell spoke of the Village's obligation to process the application, have a public hearing and render a decision on it. In this case, there was an outstanding temporary restraining order which prevented the applicant from pursuing the application. There had been communication that the temporary restraining order was lifted to the extent that the Village could go forward with the public hearing and vote on the application. The public hearing notice should be republished and the adjacent homeowners renotified. Mayor Cresenzi noted that the restraining order had been lifted, but the litigation was ongoing, so the hearing process could be completed and still overturned. Trustee Pellino noted that the hearing was opened and adjourned pending the outcome of the litigation. As the hearing had not been closed, should the Board now close that hearing and republish a notice for a new hearing. Mr. Powell responded that the hearing was opened and adjourned without a date, therefore, it must be re-noticed. Trustee Pellino then asked if because the correspondence stated that the Village's final approval would be subject to the court's decision on the re@triction, would the Village be placed in a liability situation. Mr. Powell responded that he did not believe so. 12. LETTER FROM JASON GOLDMAN REQUESTING PERMISSION TO ERECT TWO SIGNS, ONE IN FRONT OF RIDGE STREET SCHOOL AND THE OTHER IN FRONT OF BLIND BROOK MIDDLE\HIGH SCHOOL,ADVERTISING THE SOPHOMORE CIRCUS, The request was on behalf of the Sophomore Circus scheduled for November 22, 1996. Trustee Pellino mentioned that the signs are 4' X 5' which is within the ordinance. The Board agreed to allow the signs. ISSUE: FIRE ALARM AT PORT CHESTER MIDDLE SCHOOL: Mayor Cresenzi asked Chief McCluskey to discuss some recent calls his office had received regarding a recent fire alarm at the Port Chester Middle School, which occurred on Thursday, November 7th, shortly after 3:26. He stated: 9 006266 November 12, 1996 There seems to be some question about how the alarm actually occurred. What transpired was after we arrived, we contacted one of the the custodial personnel who advised that while walking through the halls, he heard the fire alarm ring twice, two bells. He thought that was rather strange and went to the fire alarm panel. He noticed a light on the fire alarm panel out of Zone 4. Seeing that there was a red light on the fire alarm panel, he interpreted that there must have been a fire or other reason for the alarm activation somewhere in the building. He began manual evacuation of Port Chester Middle School. That occurred as he walked through the hallways and individually notified classrooms to exit the building. He then got to the office area where the secretarial staff noticed everyone was leaving and they announced the alarm and ordered everyone to leave the building. During this process, the custodian was rather confused as to why the alarms were not continuing to ring. He then walked over, looked at the panel again, walked around the corner and made a manual pull station activation in Zone 2. We believe that the original activation did not notify the central station of the alarm, delaying the response by the school to the alarm company and subsequently to the Fire Department and the Police Department, until the manual activation occurred. The manual activation is the documentation by Scarsdale Alarm of receipt of the alarm at their 3:29 p.m., and Rye Brook's 3:26. There seems to be a difference in clock times of all of these central agencies in regards to all the communication clocks. At 3:26 p.m., the dispatcher from Scarsdale called the police station, identified themself and the police sergeant on the desk took the call. He notified that there was an alarm at Port Chester Middle School and then asked what the clock time read, and the call from the operator/dispatcher was terminated at 3:27 p.m. The sergeant then picked up the phone and notified the fire department by phone and radio. This process took another 9 seconds. At 3:27:27, or approximately a minute and fifteen seconds into the entire response, the fire department was en route -- one from North Ridge Street, and one from Headquarters. The first arriving member of the fire department arrived at 3:29:40, two minutes and twenty seconds after the notification to the police department. That's a very, very good response. The controversy seemed to circulate around the contention that the response time was ten minutes. Trustee Tunis asked what.the state mandate was for emptying the building. Chief McCluskey responsed that there is no mandated response time, but evacuation times are set by the size of the building, the number of the staff and the number of students in the buiding, able to leave the building in an expedient manner. Port Chester Middle School's evacuation time listed on its last evacuation test was two minutes and fifteen seconds. In order to confirm their thinking about the notification delay, the fire department performed another manual pull of the alarm from where the custodian pulled the alarm. Two minutes and four seconds later the police department received the actual notification from the alarm company. Therefore, a six minute response time is probably very close to average in regards to the two minute delay. Trustee Tunis asked how consistent was that delay, and Chief McCluskey responded that with that delay, the response was very consistent with the notification delay from all the other schools in the Village. Mrs. April Robbins, a resident of Port Chester whose daughter attends the Port Chester Middle School, approached to speak. She said: Mr. McCluskey, you are correct in one part. The call did go in to Scarsdale Security Systems and 10 U00626 7 November 12, 1996 they recorded it at 3:27 p.m. You were notified at 3:28. Your fire department did not show up until 3:40 p.m. There is a big discrepancy -- you can take a minute here and a minute there because someone's watch is not correct, but from the time the Rye Brook Police Department was notified at 3:28 p.m., your fire trucks showed up almost simultaneously and blocked in all the remaining cars. Your number playing and stuff like that is fine and dandy, but there were administrators there, there were parents there and there were teachers there, and every single one of them can verify the fact that there was a minimum of ten minutes before you guys showed up. Chief McCluskey responded that her statement was not true, and Mrs. Robbins felt that the Chief was calling her and everyone else at the scene liars. Chief Santoro asked if Mrs. Robbins started timing from when the bells started ringing. Mrs. Robbins responded that she started timing from when Scarsdale Security received the alarm. Chief Santoro responded that the clocks do not"jibe," but that the police tapes recorded the arrival of the fire department via radio. He stated to Mrs. Robbins, "It wasn't anywhere near the amount of time you are talking about. And, it's a digitized tape recorder that can't be tampered with." Mrs. Robbins responded that there was not one emergency vehicle on scene at 3:29 p.m., including the police department, which showed up at 3:40 p.m. Chief McCluskey differed with Mrs. Robbins, stating that he had been on the scene, had confirmed a system malfunction with the custodian. She asked if the Chief did a search-and-rescue all by himself, and he responded, "Yes." On further discussion, Mrs. Robbins summed up her complaint by stating, "Mr. McCluskey, your fire department cannot adequately provide service to the Middle School and the High School --there are just too many people." Mayor Cresenzi asked Chief Santoro to verify the arrival of the Fire Department by identification, and Chief Santoro noted that the fire department had so identified itself, although there was a difference between Scarsdale Alarm's clock and the Rye Brook Police Department's clock. Mrs. Robbins continued to differ with the statement of the Chief and claimed that the children were outside for ten minutes before the fire truck showed up. She stated, "Even six minutes is an inadequate response. You're not going to be able to conduct a search and rescue with that much of a response time, you're going to be conducting a search and recovery. I'm not going to have one of my kids be there... you're fire department comes with two trucks and two men. How the hell, if there is a fire, can you service that school?" Chief McCluskey noted his understanding of Mrs. Robbins' fears, but pointed out that the school should have the children evacuated in two minutes, and the school's choice of alarm companies delays the response notification. Mrs. Robbins said that regardless of the school's expected performance in evacuating the children, you can't count on the school to evacuate the children because the children don't know where all the fire exits are. She asked, "When your's guys came, did one guy go the fire hydrant the Rye Brook Fire Department and did one guy go inside?" She answered, "That didn't happen. He took his sweet old time getting into that building!" Chief McCluskey responded, "That's because I was already inside, and I confirmed there was no fire." Mrs. Robbins challenged him and said no one saw him, including Superintendent Coletti, and Chief McCluskey responded that the custodian saw him. Mayor Cresenzi informed Mrs. Robbins that the Village's records and digital voice recordings do not indicate the delays Mrs. Robbins was accusing the Chief, and Mrs. Robbins said, "Well, I'd have to verify that myself, j because I wouldn't believe you even if you told me." Mayor Cresenzi offered to allow her to review the tapes on record on the Village. "I asked for a public report, and if you would like to verify the tapes with 11 00 268 November 12, 1996 the two Chiefs, I don't have a problem with that. I myself verified the situation on Friday." Mrs. Robbins stated, "This is my perfect example to prove that they(Rural/Metro) don't have adequate... they cannot provide adequate protection. I've been saying that since February." Mayor Cresenzi answered Mrs. Robbins, noting that she had been allowed to complain about a response time issue, but that she had now taken her complaint further, stating that the entire service is not adequate. Mrs. Robbins stated that she had taken her complaint about the fire service to the school board, to the Port Chester Village Board, and to County Control (Fire Control) and, "everyone told me to come here." Mayor Cresenzi offered Mrs. Robbins the opportunity to listen to the tape and she assured him that she would do so. Mrs. Robbins also offered her a copy of the study which found the Village's fire service o be superior to what Rye Brook was receiving from Port Chester. Mrs. Robbins yelled, "Who wrote that? The guy is insane!" Mrs. Robbins continued in a raised voice, "If you have two trucks and two men, how do you fight a fire?" Chief McCluskey tried to reassure Mrs. Robbins and said that he understood her emotion, but she responded, "Stop telling me that because you don't. I'm holding my emotions back." Mayor Cresenzi asked Chief McCluskey to handle the matter at another time with Mrs. Robbins and Chief Santoro. Mrs. Robbins asked, "So, is that your way of telling me that's it?" Mayor Cresenzi responded, "That's my way of providing you with the information that's relevant to the problem in an attempt to solve the problem." Mrs. Robbins retorted, "You just don't want the Village of Rye Brook residents to realize what they have got; or what they don't have." Mayor Cresenzi urged Mrs. Robbins to read the fire study. Mrs. Robbins asked angrily, "Well how the hell do you go from the fire department that you had to two trucks and three gentlemen? How do you fight a fire? And you're telling me that you have superior service to what you had!" Mayor Cresenzi responded, "That's correct." Mrs. Robbins retorted, "When you had initially forty to fifty fire fighters on the scene within two minutes." Mayor Cresenzi responded that her statement was, "Not true," and Trustee Pellino agreed with him. Mrs. Robbins shouted back, "Where the hell have you guys been?" Trustee Pellino responded that he had been in Rye Brook for the past twenty six years. Mrs. Robbins yelled, "Well then why don't you get back into the real world. `Cause when Port Chester was covering, as the alarm was ringing the trucks were there and the guys were there, and that doesn't happen now." Mayor Cresenzi stopped the argument and discussion. On doing so, he asked Mrs.Robbins to stay and enjoy the rest of the meeting and Mrs. Robbins responded, "I'd rather pulse, thank you." Mayor Cresenzi urged Mrs. Robbins to have a nice night, and Mrs. Robbins said, "I can't say the same to you." Mrs. Robbins returned into the room and demanded an appointment from Chief McCluskey, and Mayor Cresenzi asked Chief Santoro to accompany them to schedule a review. Richard Abel, editor of The Westmore News, asked for an explanation of the alarm delay, and Mayor Cresenzi explained that the original alarm was not an alarm that went through to Scarsdale Security, and that it was not until the second alarm was pulled by the custodian that Scarsdale Security was notified. Mrs. Robbins re-entered the room and told the Mayor that he did not know how the fire system works and that he should not try to explain it. Trustee Zuckerman stated, "I am getting tired of Port Chester people coming here, to tell us, how to conduct our business." Mrs. Robbins yelled, "I wouldn't, if it didn't affect my kid. Why don't you re-draw the boundaries and get Port Chester Middle School and Port Chester High School back in the boundary lines of Port Chester where they rightfully belong? Because ninety percent of the kids in those schools live in Port Chester." Trustee Zuckerman said that her idea was excellent. He continued, "I think all of the Rye Brook children should go to Rye Brook 12 00626;9 November 12, 1996 schools and all of the Port Cehster children should go to Port Chester schools. Why don't you talk to the Port Chester Board of Education and have them build a new Middle School in Port Chester and get some productive, valuable land back on the tax rolls in Rye Brook, where Rye Brook children can't even play on the fields located in Rye Brook." Mr. Ken Heller spoke up and called Mr. Zuckerman out of order, stating that the two school systems pre-dated the Village of Rye Brook in the Town of Rye. Some ' argument ensued, and Mayor Cresenzi restored order. He asked Mrs. Robbins to leave because she was disrupting the conduct of the meeting. She responded, "Well, the conduct of this meeting sucks, in plain English." She repeated that the boundary lines should be re-drawn, and Mayor Cresenzi informed her that it was up to the State, and that school-boundary lines do not run with municipal boundaries. Trustee Zuckerman asked Mr. Heller to quote him correctly. With that, Mayor Cresenzi terminated the discussion, and continued on to the next item on the agenda regarding Board Minutes. Trustee Pellino had some corrections on a set of minutes. MINUTES: , 13. July 23, 1996 REGULAR MEETING 14. August 13, 1996 AGENDA MEETING 15. August 27, 1996 REGULAR MEETING On the motion of Trustee Zuckerman, seconded by Trustee Tunis, the minutes were approved: TRUSTEE STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE WORK SESSION RECONVENING A PUBLIC HEARING ON A LOCAL LAW AMENDING THE VILLAGE CODE TO PROVIDE FOR LIMITATIONS ON TYPES OF WASTE COLLECTED. The Public Hearing reconvened to discuss the issue of the additions and deletions from the Code. A comment was offered that a decision has to be made in reference to contractor waste, i.e. cut down trees. Trustee Tunis suggested that contractors be made responsible for removing demolition materials. Trustee Pellino raised a question regarding storm waste and whether the removal shall be the responsibility of the Village or the contractor. Administrator Russo pointed out that recently the Village hired private contractors to do storm debris removal, but under ordinary homeowner circumstances, the Village should be required to remove the material if prepared in accordance with the law. Administrator Russo added that if a contractor is hired to do storm removal or other major tree repair, that question still needs to be addressed. Trustee Zuckerman suggested the possibility of the Village hiring a private contractor to do removal. Administrator Russo stated that there are not funds available for the Village to do so. Trustee Zuckerman suggested that perhaps an arrangement may be made with a contractor to offer a discount to the Village homeowners. Attorney Powell stated that this theory could not be written in legislation and enforcement would not be possible. Trustee Zuckerman suggested that a distinction be made between storm damage material and material from elective homeowner landscaping. 13 0062 /0 November 12, 1996 Trustee Zuckerman stated that the way the Code is written is fine, with the exception of grass clippings and leaf blowing, which should both be put curbside. He added that that leaves, grass and brush be exempt from the Code. Mayor Cresenzi announced that it was decided that the Local Law would be amended and put in as a resolution for the next meeting. It was confirmed that the changes would be made in Section 2(b) and that leaves, grass clippings and garden waste would be exempt. A LOCAL LAW amending Chapter 135 of the Code of the Village of Rye Brook to provide for limitations on types of waste collected by the Village. Items underlined are additions to the Code and (in brackets) are deletions from the Code. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Section 135-3 of the Code of the Village of Rye Brook is amended to read as follows: A. Any waste material other than garbage, ashes, (and) rubbish , and logs which cannot be readily deposited in any receptacles may be compacted and securely bundled, tied or packed so as to be easily handled, but not weighing more than fifty 50 (seventy five(75)) pounds and not likely to be scattered, and, when packed and secured, may be placed at the curb on curb pickup days. Such packages , logs or bundles should not exceed three (3) feet in length. B The Department of Public Works and the Village's Sanitation Contractor shall not pick up flammable or highly combustible matter, such as cleaning establishment wastes or other industrial wastes found to contain varnish, paint thinners or other dangerous materials, sawdust; explosives, ammunition; oil drums, either full or empty; cans or barrels containing combustible liquids rubber tires of any size; rubber wastes: automotive or similar batteries: tar paper roofing, tar cans, dead animals: or any hazardous waste as defined by Article 27 of the Environmental Conservation Law and the regulations promulgated thereunder. Section 2. Section 135-4 of the Code of the Village of Rye Brook is amended to read as follows: A. No garbage, trash, rubbish or receptacles may be placed at the curb except on curb pickup day or after 6:00 p.m. on the evening before curb pick up day. B. Contractors, gardeners and landscape contractors performing demolition, landscaping, gardening, trash or tree removal for compensation, as the case may be shall be responsible for removing, or arranging for the removal of all garbage, trash, rubbish trees garden waste and other waste produced in connection with their work and such waste shall not be placed at the curb for pick up by the Village. Section 3. This local law shall take effect immediately upon filing in the office of the Secretary of State. 14 006271 November 12, 1996 Walk-in RESOLUTION: AWARDING CONTRACT FOR PUBLIC MEETING ROOM CHAIRS. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION AWARDING CONTRACT FOR PUBLIC MEETING ROOM CHAIRS WHEREAS, a contract for purchase of public meeting room chairs was publicly advertised in the official newspaper of the Village; and WHEREAS, on November 12, 1996 one bid was opened from IFR Furniture of Hawthorne, NY. NOW, THEREFORE, BE IT RESOLVED,that the Contract for purchase of public meeting room chairs is awarded to IFR Furniture, 16 Saw Mill River Road, Hawthorne, New York 10532 in the sum of$16,091; 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 STRUM ABSENT TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE The next meeting dates were discussed briefly, with the Regular Meeting on November 26, 1996 at 7:30 p.m. and the Agenda.Meeting scheduled for December 10, 1996 at 7:30 p.m. There being no further business, the Board moved into executive session and the meeting was adjourned at 8:45. Respectfully submitted, Mage her Russo Village Administrator/Clerk I 15