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HomeMy WebLinkAbout1998-04-14 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 14, 1998 7:30 P.M.—BOARD MEETING 6:30 P.M.— SCOPING SESSION ON DORAL/ARROW WOOD PFIZER PROPOSAL PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 18. TRAYNER GROUP RE: APPLICATION TO OPERATE A RISK MANAGEMENT BUSINESS AT 66 BOWMAN AVENUE. 19. TENTATIVE 1998-1999 BUDGET. RESOLUTIONS: 3. ANNUAL MEETING RESOLUTIONS. 4. CONSIDERING RE-APPOINTMENT OF MICHAEL BORRELLI TO THE AMBULANCE CORPS EMERGENCY MEDICAL ADVISORY COMMITTEE. 5. SCHEDULING A PUBLIC SCOPING SESSION FOR 6:30 P.M., APRIL 28, 1998 ON THE SUMMERFIELD SUITES PROPOSAL. 6. CONSIDERING DETERMINATION OF SIGNIFICANCE RE: RED ROOF FARM DEVELOPMENT PROPOSAL. 7. CONSIDERING CALLING FOR A PUBLIC HEARING ON THE PROPOSED AGREEMENT TO MODIFY AND TERMINATE THE CONTRACT WITH RURAL/METRO FIRE DEPARTMENT INC. 8. CONSIDERING A RESOLUTION DIRECTING THE VILLAGE ADMINISTRATOR TO CREATE VARIOUS FIRE OFFICER AND FIREFIGHTER POSITIONS IN RYE BROOK. 9. CONSIDERING A RESOLUTION DIRECTING THE VILLAGE ADMINISTRATOR TO PREPARE PERFORMANCE BASED STANDARDS AND SPECIFICATIONS FOR FHiE SERVICE. 10. CHECK REGISTERS. WRITTEN COMMUNICATIONS: 11. IDA NOTIFICATION RE: PFIZER ARROWWOOD PROPOSAL. REPORT BY: 12. DIRECTOR OF PUBLIC WORKS/VILLAGE ENGINEER. NEXT TRUSTEES MEETING DATES: APRIL 28, 1998 and MAY 12, 1998 J 006688 MINUTES OF A BOARD MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK APRIL 14, 1998 7:30 p.m. CONVENE MEETING The Board Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Donald E. Degling Trustee Joseph Pellino Trustee Eugene R. Strum 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 Planning Consultant Christian K. Miller, AICP Village Treasurer, Joseph Cortese First Deputy Treasurer, Diane Di5anto Second Deputy Treasurer, Cathy Spinosa Village Engineer, Victor Carosi, P.E. Village Police Chief, Robert Santoro Village Fire Chief, Martin Drexelius Recreation Superintendent, Thomas Hroncich Secretary to the Village Administrator, Jan Skrobola Announcement was made by Mayor Filipowski of the new Deputy Mayor Eugene Strum. PUBLIC HEARINGS: 1. TRAYNER GROUP RE: APPLICATION TO OPERATE A RISK MANAGEMENT BUSINESS AT 66 BOWMAN AVENUE. Mayor Filipowski opened the meeting and asked the developer to make a presentation. William Giacomo, Attorney for the applicant and Louis Contadino, Architect for the applicant represented the developer regarding their application for a professional office on Bowman Avenue where numerous other offices exist. It was noted that the property has been taken off the market, renovated and is being cleaned j up so that a risk management business can be operated from the premises. It will employ seven people and the business will consist of mostly telephone communication with rare traffic at the site. There are 9 parking spaces available which are considered more than enough. Three photos were shown to the 4ltJGM') April 14, 1998 members of the Board, one of which showed that the building adjacent to 66 Bowman Avenue is currently utilized as attorney offices. The developer feels they are in harmony with the district and meetings with neighbors who would be affected generally welcomed the application. Mayor Filipowski asked if there were any questions from the Board. Trustee Zuckerman asked if a sprinkler system was proposed and the architect stated that they have checked with the Building Department and it is possible that it would not be needed. Trustee Zuckerman asked that they check what the codes provide. Trustee Strum questioned the signage at the site and whether there would be illumination in the evening. It was stated that the only sign would be on the door and any illumination would come from a light above the entrance. Trustee Strum asked if the hours were 9-5, Monday through Friday and if there were any Saturday hours. The response was that there would be some Saturday hours but for employees only. On the motion of Trustee Zuckerman, seconded by Trustee Strum the Village voted unanimously to close the Public Hearing. After a brief discussion the Village Board agreed that an approval resolution would be considered at the April 28, 1998 meeting subject to the Village Building Department review regarding the sprinkler law. 2. TENTATIVE 1998-1999 BUDGET. A presentation was made by the Village Administrator Christopher Russo and the Village Treasurer's office including an overhead presentation emphasizing each aspect of the budget as it was discussed. It was noted that changes in this proposed budget reflect operating, equipment, capital and debt service. One area of the proposed budget discussed was salary and wages. All union contracts are included. All other employees are reviewed in June each year and this amount is not currently reflected in the proposed budget. It will be taken from a contingency fund after the review is done in June. The decline of State revenue shared with local municipalities shows Rye Brook receiving $34,000. This represents a very small amount to cover many more State mandates with less finding on their part. The next item reviewed was the reduction in assessed value. A graph was presented representing 11 years and showing that assessed value has gone from $66 million to $49 million which includes one of the highest tax certioraris in the State. It is predicted that this will be the last year for such high tax certioraris to be included in the proposed budget. A pie chart reflecting the budget summary was presented which corresponds to the proposed budget documents. It was noted that legal expenses have come down considerably with over 11,000 hours of legal services generated and the Village Attorney's fee billed to and paid by developers. Fire service expenditure as proposed includes the third year amount to Rural/Metro. Since no decisions have been made on this matter this is the only amount that could be reflected in the proposed budget. Recreation, Trust and Agency, in lieu of land shows the restoration of Rye Hill Park this year. It also includes Pine Ridge Park, basketball courts, etc. There is still $318,000 remaining in this account for future use. 006690 April 14, 1998 Discussion on interest earnings shows it is back on the incline again even with the limitations on investments imposed on municipalities. Tax increases are shown to be based on tax revenue generated by the Village and has averaged 4.8%. Discussion followed on where your tax dollar goes with school taxes representing the largest portion. It was also noted that Westchester County taxes are higher than Village taxes. A tax burden comparison as prepared by the County in 1997 shows that Rye Brook maintained its standing. It was recommended that anyone interested should take a copy of the proposed budget for review. Budget work sessions will be completed and the budget must be adopted by May 1, 1998. It is anticipated that the adopted budget will be presented at the April 28, 1998 Board Meeting to be voted on for approval at that time. Christopher Russo than gave an overview of each line in the budget indicating where there would be an increase as well as reductions. In some areas there would be only a slight increase for legal advertising in the Clerk's office, central items such as printing and communication and MIS for contracted services. Special items including insurance, association dues,judgments and claims, sewer and district taxes and consulting fees are up $40,000 do mostly to the environmental review process. The Police Department shows no increase in operating but a substantial increase in funding for contracts and two new patrolmen hired to offset three officers out with disabilities pending retirement. However, the proposed budget reflects the entire compliment of officers showing an increase from 23 to 25. Fire Protection shows an increase based on the 3" year of our contract with Rural/Metro. Control of Dogs remains the same. Safety inspection shows an increase in training and funding for a part-time code enforcement officer. Ambulance agreement has been success and is based on a contract that expires next year. Negotiations to maintain this arrangement will go forward. Highway shows an increase for training, publications and maintenance of streets with the suggestion that cracks be sealed on highways and road before we pave in order to maintain roads longer between repairs. There is a slight reduction in the hiring of vehicles with plows for snow removal. There is no justification to have manpower full-time for this purpose. We will continue to fully operate all programs at the Posillipo Center and to utilize it to its fullest capacity. This means an upgrade to the building including painting, cleaning, repairs and replacements There is no significant increase in the Recreation Department. Day camp flourished last year and will continue. Handicapped program contracts are handled through Posillipo Center. Youth Services' YES office funding to continue. Our share of Library costs is 30% which includes replacement of heating system over five years. The Planning Board shows a small increase which includes training, refuse collection and disposal, the recycling contract and county fees. The shade tree budget shows an increase for the cutting down of dead or diseased trees which has not been reflected in previous budgets. Tree City USA status has been restored. OOG691 April 14, 1998 Employee retirement benefits through N.Y.S. are down substantially, while the debt service schedule slightly increased due to short term borrowing. The Capital account has $70,000 for a sander, 2 vehicles for police and fuel tracking system. On the revenue side building fees and inspection fees are proposed to be up. Cable TV franchise is showing an increase of 5% instead of 3%. Mayor Filipowski than asked for questions from the Board. Trustee Pellino wanted to know if a reduction should be reflected due to the sales tax exemption. Administrator Russo explained that there is no guarantee that the exemption will hold up. Trustee Pellino wanted to know how much of the library budget was for the contribution to the heating replacement. The amount as per Administrator Russo is $2,500. Trustee Zuckerman asked if there would be increases in revenue based on the police department's ability to write out tickets for Village and State ordinances. Chief Santoro stated that whenever appropriate dual summons are written. A motion was called by Trustee Strum, seconded by Trustee Pellino and it was unanimously voted upon by the Village Board to close this hearing and that an approval resolution would be placed on the agenda for the next Board Meeting on April 28, 1998. RESOLUTIONS: 3. ANNUAL MEETING RESOLUTIONS Village Administrator Christopher Russo read the resolution consisting of re-appointments and declarations. Trustee Strum recommended that the resolution be amended to reflect two Board Meetings per month instead of an Agenda Meeting on the 2"'Tuesday of each month and the Board Meeting on the 4"' Tuesday of each month and that the Rules of Procedure should be changed to reflect this. He also noted that the time should be changed to show that the meetings start at 7:30 p.m. instead of 8:00 p.m. Trustees Zuckerman and Degling agreed with these amendments to the resolution and the rules. Mayor Filipowski advised the public that the agenda is available to them and that copies of the agenda items are available at $.25 per page. There was a call for a vote of this resolution as amended to be placed on the agenda for approval at the next Board Meeting on April 28, 1998. This motion was moved by Trustee Strum and seconded by Trustee Zuckerman and unanimously approved. ANNUAL ORGANIZATIONAL MEETING RESOLUTIONS 1998 DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED, that Francis L. Filipowski of 260 Betsy Brown Road is hereby declared elected to the office of Mayor of the Village of Rye Brook for a two year term of office; and be it FURTHER RESOLVED, that Donald E. Degling of 5 Elm Hill Drive is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two year term of office; and be it I 00669" April 14, 1998 FURTHER RESOLVED, that Gary J. Zuckerman of 29 Hillandale Road is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two year term of office; and be it FURTHER RESOLVED, that said term of offices are effective at noon on the 1" Monday of April 1998. RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Russo, of 14 Jennifer Lane is hereby appointed Village administrator for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE ATTORNEY RESOLVED, that Kenneth E. Powell of the law firm of Ponzini, Spencer & Geis is hereby appointed as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the terms of the retainer agreement. RESOLUTION APPOINTMENT OF VILLAGE ASSESSOR RESOLVED, that William Wendlandt, Assessor for the Town of Rye, is hereby appointed as the Assessor for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED, that Hope Vespia, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook, effective immediately. RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURERS RESOLVED, that Diane DiSanto of 98 Lakeview Avenue, Scarsdale, New York is hereby appointed as First Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. RESOLVED, that Catherine M. Spinosa of 28 Division Street is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. April 14, 1998 RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED, that the second (2nd) and fourth (0) Tuesday of each and every month are hereby designated as the Agenda Meeting night of the Village of Rye Brook Board of Trustees; and be it FURTHER RESOLVED, that said meetings are to commence at 7:30 p.m. RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED, the Mayor, the Village Administrator and the Village Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that bank internal transfers and out-going wires from one account to another can be made by telephone by any one of the above named signatories or by Catherine M. Spinosa, followed by written confirmation to the bank in accordance with the Village's Investment Policy. RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that the Bank of New York, Chase Manhattan, First Union National Bank, Hudson Valley Bank and Fleet Bank are hereby designated as depositories for the Village of Rye Brook. RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPERS RESOLVED, that the Daily Item, Westmore News and the Sound Shore Review are hereby designated as the official Newspapers of the Village of Rye Brook for the next ensuing official year. RESOLUTION FRIENDS OF RYE BROOK, INC. RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. 00G6,94 April 14, 1998 RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the attached rules of procedure of the Board of Trustees as adopted for the previous Village official year are hereby re-adopted and promulgated. for the Village official year, as amended with regard to meeting dates and times, commencing the first Monday of April, 1998. VILLAGE OF RYE BROOK BOARD OF TRUSTEES RULES OF PROCEDURE 1. MEETINGS OF THE BOARD OF TRUSTEES. Meetings of the Board of Trustees of the Village of Rye Brook (hereinafter referred to as"Village Board") shall be on the second (2"') and fourth (4") Tuesday of each month, except if such a Tuesday is a holiday, the meeting shall be held on the next day. Meetings shall be called to order at 7:30 p.m. 2. SPECIAL MEETINGS. Special Meetings may be called by the Mayor and shall be called by him at the request of any two Trustees by their giving the Mayor written notice thereof, which written notice shall contain a statement of the purpose for which the special meeting shall be called, and shall also state the date, time and place for the holding of such meeting. 3. NOTICE OF SPECIAL MEETINGS. The Mayor shall cause written notice of a special meeting to be left at the residence or place of business of each member of the Village Board at least six hours before the time for which such special meeting is called. Such notice shall state the object for which such special meeting is called and shall also state the time and the place of the holding of such meeting. In lieu of the aforesaid method of service of notice of a special meeting, the Mayor may cause written notice of such special meeting to be sent to each member of the Village Board by special delivery mail, directed to the residence or place of business of the member, at least twenty-four hours before the time for which the meeting is called. Notice requirements may be waived by the written acknowledgment of a Trustee that he had actual notice of the Special Meeting. 4. TRANSACTION OF BUSINESS AT SPECIAL MEETINGS. At special meetings the business to be transacted thereat shall be only that stated in the notice of such meeting, except that any other business may be transacted at such special meeting by the unanimous consent of all the members of the Village Board. 5. AGENDA, The Clerk shall prepare an agenda for each meeting of the Village Board which shall list the matters to be considered by the Village Board at such meeting, and which shall include a reference to all communications and other matters in writing, which have been received by the Clerk, not later than noon of the sixth day preceding the date of the meeting. Said agenda shall list the matters to be considered by the Village Board insofar as is possible in the order set forth in rule 6 (hereof). April 14, 1998 The Clerk shall arrange for the delivery of a copy of the agenda to each member of the Village Board not later than the morning of the third day preceding the date of the meeting. At any time, after 9 a.m. of the second day preceding the date of each board meeting, the Village Clerk shall during regular office hours furnish to any person appearing personally at the office of the Village Clerk, a copy of the agenda and a copy of any communication or any other written document which accompanies or is part of any item appearing on the agenda. The person appearing and making such request shall pay to the Clerk the sum of 25¢ for each page or part thereof requested by said person. The Clerk shall not be required to reproduce any documents or pages which are not readily reproduced by the average copying machine. Items not listed on the agenda may be considered by the Village Board as new matters, however, no matter shall be acted upon at a meeting of the Village Board unless listed in the agenda except by unanimous consent of all members of the Village Board present at the meeting. Items may be added to the agenda by any board member delivering a written communication to the Clerk, not later than seventy two (72) hours prior to the meeting. 6. ORDER OF BUSINESS. The order of business at meetings of the Village Board shall be as follows: 1. Roll Call. Ia. Flag Salute. 2. Public Hearings concerning Local Laws. Introduction of the proposed law. Statement by mayor and report of committees. Discussion and action on proposed law. 3. Public Hearings concerning other matters. Introduction of proposed resolution or ordinance. Statement by Mayor and report of committees. Discussion and action on proposals. 4. Old Business. 5. New Business. 6. Action on non-agenda matters, subject to the unanimous consent of the Trustees present at the meeting. 7. SUSPENSION OF REGULAR ORDER OF BUSINESS. The regular order of business at a stated meeting may at any time be suspended by the affirmative vote of two-thirds of the members of the Village Board present at such meeting. 8. ORDER OF BUSINESS AT SPECIAL MEETINGS. The order of business at special meetings of the Village Board shall be as follows: 1. Roll call. Ia. Salute to the Flag. 2. Consideration of business specified in the notice of the special meeting. 3. Consideration of other business, if unanimous consent given by all members of the Village Board. i 006696 April 14, 1998 9. EVERY MEMBER PRESENT TO VOTE. Every member of the Village Board present at any meeting thereof, when a vote is taken, shall vote for or against, unless excused from voting by the Village Board. In the event of a roll call vote, silence when a Trustee's name is called shall be deemed an affirmative vote by the Trustee. Roll call vote shall be called in alphabetical order of the last name of the Trustee. The Mayor shall be the last one to cast a vote. 10. WITHDRAWAL OF MEMBER FROM MEETING. No member shall withdraw from a meeting of the Village Board without the permission of the Mayor. 11. ROBERT'S RULES OF ORDER REVISED FOR DELIBERATIVE ASSEMBLIES TO BE USED. All questions of order or procedure of the Village Board not herein provided for shall be decided in accordance with Robert's Rules of Order Revised for Deliberative Assemblies. 12, LOCAL LAWS. In introducing, presenting and transmitting local laws,, the following procedure shall be followed: a) Every local law shall be introduced by a member or on the report of a committee. b) If a local law purports to change or supersede any provision of an act of the legislature or to amend an existing local law, it shall show all the new matter underscored and all the matter to be eliminated in brackets and when such local law is printed or reprinted all new matter must appear in italics and all matter to be eliminated, in brackets. c) Every local law introduced shall be deposited with the Village Clerk and shall be read in its order of introduction when the order of business"Introduction of local laws" shall be reached. d) The Clerk shall cause every local law immediately upon its introduction to be copied (or printed) and placed on the desks of the members; he (she) shall number them consecutively as received. Such number shall be retained as an introductory number. Each local law shall also have a print (or draft) number, and if the same is printed (or redrafted), the original print (or draft) number shall be retained and there shall be added its new print (or draft) number. 13. COMMENTS BY MEMBERS OF THE PUBLIC. The Mayor shall entertain comments as to the merits of any item on the agenda, from members of the public, such comments to be limited to statements not to exceed three minutes in length. Any statement not germane to the items on the agenda shall be out of order. The Mayor shall have the discretion to withhold recognition of members of the public until the agenda has been completed. Any member of the public may request additional speaking time by writing to the Clerk forty eight (48) hours in advance of the meeting. The granting of such additional time shall be subject to a voice vote of the Village Board. 14. COMMUNICATIONS. No communications to the Village Board shall be read at a meeting unless so directed by the Village Board, which direction may be made by voice vote. The Mayor shall entertain a single motion to file, spread and record separately on the minutes of the meeting, all communications presented to the Village Board. 00669'r April 14, 1998 15. RECORDING OF PROCEEDINGS OF MEETINGS. No person shall record the proceedings of the meetings of the Village Board, or any part thereof, by electronic or any other type of recorder, not with a"steno-type" or similar machine, nor by motion picture, television or any other type of camera or visual record, nor shall any person broadcast or transmit the proceedings, or any part thereof, by radio, television or any other means of broadcasting or transmission, without having previously made application, in writing, to the Village Board at least ten days in advance of the meeting for which permission is requested and without having received written permission therefore. This rule shall not be construed to prohibit the making of notes by any person or persons at such meetings, whether or not such notes shall constitute a complete transcript of the proceedings, nor shall this rule apply to the Village Clerk or to members of the Village Board. 16. EXECUTIVE SESSIONS. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, the Village Board may conduct an executive session for the below enumerated purposes only, provided however, that no action by formal vote shall be taken to appropriate public monies: a) matters which will imperil the public safety if disclosed; b) any matter which may disclose the identity of a law enforcement agent or informer; c) information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; d) discussions regarding proposed, pending or current litigation; e) collective negotiations pursuant to article fourteen of the civil service law; f) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension,, dismissal or removal of a particular person or corporation; g) the preparation, grading or administration of examinations; h) the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, held by such public body, but only when publicity would substantially affect the value thereof; I) review or consideration of communications between the Village Board and its Attorney; j) deliberation or negotiations with respect to labor agreements or related matters; I-) consideration of matters which would be likely to affect the reputation of any private person; l) any other matter which Federal or State law permits to be discussed in executive session. Attendance at an executive session shall be permitted to any member of the public body and any other person authorized by the public body. Nothing herein contained shall be deemed to preclude the Village Board from meeting in executive session to consider any other matter which for reasons of the public interest requires such executive session. 17. The words he, him or his shall be deemed to refer to singular and plural and to persons of any gender. (Originally adopted January, 1983; revised April 14, 1998) ()06698 April 14, 1998 TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE REAPPOINTING MICHAEL BORRELLI 4. CONSIDERING THE RE-APPOINTMENT OF MICHAEL BORRELLI TO THE AMBULANCE CORPS EMERGENCY MEDICAL ADVISORY COMMITTEE The resolution was read by Christopher Russo and after discussion it was so moved by Trustee Strum and seconded by Trustee Pellino to approve this resolution with an amendment to not forward it to the Village of Port Chester and the City of Rye for their approval. RESOLUTION TO THE AMBULANCE CORPS EMERGENCY MEDICAL SERVICES COMMITTEE WHEREAS, the Inter-Municipal Agreement(IMA) between the Village of Rye Brook, the City of Rye and the Village of Port Chester for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, Michael Borrelli of 21 Magnolia Drive, Rye Brook, New York, was appointed to the committee for a term which expires on June 30, 1998; and WHEREAS, the.Port Chester• Rye • Rye Brook Volunteer Ambulance Corps, Inc., has advised our municipalities that Mr. Borrelli is an active member of the Committee and wishes to continue his service on the Committee. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook ratifies and approves the re-appointment of Michael Borrelli of 21 Magnolia Drive, Rye Brook, New York, to the Emergency Medical Services Committee for a three (3) year term. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 1 rr�� [ 006Ub.,i April 14, 1998 5. SCHEDULING A PUBLIC SCOPING SESSION FOR 6:30 P.M. APRIL 28, 1998 ON THE SUMMERFIELD SUITES PROPOSAL The resolution was read by Christopher Russo noting an amendment to the deadline to May 8, 1998. It was moved by Trustee Pellino and seconded by Trustee Zuckerman. RESOLUTION SCHEDULING A PUBLIC SCOPING SESSION SUMMERFIELD SUITES HOTELS SITE PLAN AND WETLANDS PERMIT APPLICATION AND ZONING TEXT AMENDMENTS WHEREAS, the Village of Rye Brook Board of Trustees, acting as Lead Agency, has been reviewing the application by Summerfield Suites Hotels for a site plan, wetlands permit and zoning text amendment for the property located at the southwest corner of the property at the corner of Anderson Hill Road and King Street; and WHEREAS, the Board of Trustees adopted a Positive Declaration on February 24, 1998, but subsequently determined that the declaration should be readopted in order to correct technical errors and omissions to the Environmental Assessment Form (EAF); and WHEREAS, the Board of Trustees readopted a Positive Declaration on March 10, 1998 to correct technical errors and omissions to the Environmental Assessment Form (EAF); and WHEREAS, said positive declaration under SEQRA was circulated and published as required by law; and WHEREAS, the Applicant, as directed by the Rye Brook Board of Trustees acting as Lead Agency, submitted a Draft Scope of the Draft Environmental Impact Statement (DEIS) for review and circulation by the Lead Agency to all involved and interested agencies. NOW, THEREFORE, BE IT RESOLVED, that a public scoping session will be held at Village Hall, 938 King Street, Rye Brook, New York, at 6:30 p.m. on Tuesday, April 28, 1998; and be it FURTHER RESOLVED, that the deadline for written comments on the Draft Scope is 5 p.m. on Friday, May 8, 1998. a.al)6 V0 April 14, 1998 TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. CONSIDERING DETERMINATION OF SIGNIFICANCE RE: RED ROOF FARM DEVELOPMENT PROPOSAL The following individuals representing Red Roof Farm spoke on behalf of this matter. Kip Konigsberg, attorney for Red Roof Farms, Jason Green, management member and Jim Ryan and John Myer, John Leonard Consulting. Mr. Konigsberg spoke about the long wait for the SEQRA determination on the subdivision application for this project since the Board of Trustees had declared themselves lead agency approximately one year ago. This process has gone through the Planning Board stages and they concluded the subdivision review on December 11, 1997. Their recommendation was for approval of the subdivision review including the wetlands permit as a Neg Dec under SEQRA for the Board to consider. Mr. Konigsberg felt their review was exhaustive, lengthy and identified numerous issues and it is now time in the process for the Board to make its determination so the project can go forward. Trustee Pellino asked for a clarification regarding a letter dated January 9, 1998 from Frederick P. Clark Associates with reference to recommending a Neg Dec with conditions to the Planning Board. Trustee Strum then asked Christian Miller to review the time periods inherent with a Conditional Neg Dec. Christian spoke about the 62 day review period but deferred to Village Attorney Kenneth Powell as to the review period. Mr. Powell stated that after the subdivision review is completed including the Neg Dec, there are 120 days open prior to the public hearing and then an additional 62 days if the Conditional Neg Dec were rescinded because the Board may render application incomplete. Christian Miller emphasized that you cannot take action on an application until you finish SEQRA.. He also stated that the clock stops if we find conditions warranting a Pos Dec. and can be extended by mutual consent. Trustee Strum asked for 4 clarification on the environmental issues, specifically the retention of rain water. Dennis Rocks of Leonard Jackson spoke at length on this issue and said there was no danger of the Blind Brook overflowing. More clarification was requested on this by the Trustees and Mr. Rocks reassured them that the continued flow would not allow for the rain fall to catch up with the flow and that the peak would be several hours later. Mayor Filipowski asked if there would be a stoppage of flow due to sediment and how do assure there is no stoppage. Mr. Rocks assured him that flow does not stop. Trustee Zuckerman asked if studies were done on the Blind Brook to see how much water it can hold before it overflows. Mr. Rocks noted that studies have been done and the Blind Brook has a discharge rate of 13 cfs. The Red Roof Farm project would only add 1-3 cfs and felt it is virtually unmeasurable. Discission continued on this issue of overflow and problems of sedimentation with the Consulting Engineer for the developer explaining the mechanisms to control the system. Christian Miller noted that the developer would be responsible for the maintenance. Mayor Filipowski wanted to know what the i 006701. April 14, 1998 annual maintenance fee would be and Mr. Miller stated that the details have not been worked out as yet. Trustee Pellino requested clarification as to a discrepancy on the environmental investment form. Christian Miller responded that was correct and that EAF under its review over the past 17 months had a number of alternative considerations not consistent with what is currently correct. Jim Ryan said he would provide a copy of the revised EAF for the Board to review. Christian Miller suggested that an expanded DEIS may not result in any additional analysis. Ken Powell stated that it is appropriate to use a Conditional Neg Dec if it can be mitigated but required to use Pos Dec if you cannot. M r. Ryan stated that all conditions the Board would impose on a typical Neg Dec have already been agreed to. Christian Miller agreed. Trustee Strum then asked for a motion to approve the Conditional Neg Dec with the Board being allowed to study it further. There was a call for public comments. Dr. Walter Niles, P.E. questioned if flow would get into Rye Brook, whether consideration was given to widening any areas and whether any cross sections were done. Mr. Rocks stated that flood insurance studies were based on cross sections and that this is a standard method of analysis. Roger Herman, Chair of the Environmental Council stated that the major document available to the public is the EAR It was also noted that a section of this property has already received a Pos Dec from the Village. This section is for the proposed Fire House and it should have included the entire property. He also noted that a Pos Dec would take into account the watershed advisory report which calls for storm water wetlands and proper treatment of the water in Blind Brook, Mr. Ryan responded that the SEQRA documents received by the Board contain all this information. Kip Konigsberg stated that the Fire House site was an entirely different site and that action had no bearing on the application of Red Roof Farm, Kenneth Heller stated that several other projects in the Village of Rye Brook initially called for a Pos Dec, i.e. Doral Arrowwood, while Red Roof Farm did not want to do a full study. Peter Silton reiterated this referring to Pos Dec determinations on Summerfield and Doral Arrowwood and wanted to know the criteria for this determination and where the difference in these projects lie. Mr. Konigsberg's response was that both Summerfield and Doral Arrowwood were new projects while Red Roof Farm had been ongoing for 17 months. A motion was called by Trustee Strum for approval of a Conditional Neg Dec on the Red Roof Farm project and seconded by Trustee Pellino. It was noted by Trustee Strum and Mayor Filipowski that there were certain reservation that needed to be worked out and Trustee Pellino wanted it put into the conditions that immediate adjacent neighbors be protected from any additional run-off from Ref Roof Farm. Trustee Zuckerman agreed. RESOLUTION POSITIVE SEQRA DECLARATION RED ROOF FARM SUBDIVISION AND WETLANDS PERMIT APPLICATION 0067,02 April 1.4, 1998 WHEREAS, the Village of Rye Brook Board of Trustees, acting as Lead Agency, has been reviewing the application of Red Roof Farms L.L.P. for a wetlands permit and subdivision of the property known as Red Roof Farm, located at the northwest corner of the intersection of Betsy Brown Road and North Ridge Street. NOW, THEREFORE, BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby adopts the accompanying positive declaration under SEQRA, which the Village Administrator/Clerk shall circulate and cause to be published as required by law; and be it FURTHER RESOLVED, that the Rye Brook Board of Trustees hereby directs the Applicant to prepare a Draft Scope of the Draft Environmental Impact Statement (DEIS) for circulation by the Lead Agency ,to all involved and interested agencies. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILH'OWSKI VOTING AYE 7. CONSIDERING CALLING FOR A PUBLIC HEARING ON THE PROPOSED AGREEMENT TO MODIFY AND TERMINATE THE CONTRACT WITH RURAL/METRO FIRE DEPARTMENT INC. The resolution was read by Village Administrator Christopher Russo. Mayor Filipowski asked for comments or discussions stating that he felt this action was premature, added pressure on the Village and reduced our ability to negotiate. He felt it shifted the leverage and would take away from Rye Brook's ability to make the best decision. Mr. Filipowski felt Rural/Metro is legally liable under their contract to provide the manpower we need and with mutual aid from Port Chester we have some time on our side before we have to make a decision. By promoting the resolution we are shifting the leverage out of Rye Brook's hands. Trustee Zuckerman disagreed with this and felt it was time to move forward and start to take action for termination with Rural/Metro. He felt we have to put this behind us and by setting a deadline, we help our bargaining position. He also felt this is a necessary first step in the process. Trustee Pellino agreed with Trustee Zuckerman and noted that it was important to keep our options open with the time frame in mind to explore two alternatives; formation of our own municipal department or mutual aid with another municipality. He felt if we wait too long we may have a crisis on our hands later in the summer. Trustee Strum noted that our primary concern is to keep a continuous quality, super sufficient fire service in place. The process must start now and he supported the resolution. Trustee Degling felt the new Mayor needed a week or two and that this time would not have a negative impact overall. The Mayor noted that he had no intention to change what he is hearing but a month would give 006"703 April 14, 1998 us more time to work on this issue. He then called for comments from the public. Peter Rader spoke and stated that he felt we should move ahead. Peter Pitocco stated that 13 weeks to train firefighters would be necessary, that the Civil Service timetable was absurd and that it was irrational for the three present Board members to push this too quickly. Ron Rettner felt we should give the Mayor the time he needs and that a judicious, careful approach to this issue was the correct approach. He felt we cannot afford to make another mistake which could be costly to the taxpayers. We should defer to his judgment. Trustee Zuckerman called for a public hearing on the contract to terminate Rural/Metro stating this does not say we are starting a municipal fire department tomorrow but gives us time to review our options. Kenneth Heller noted there was no date on the resolution as presented and Trustee Zuckerman responded that the date was left open so that it would be non-political. Andrew Wells addressed the three Board members who wished to go forward and felt that the status quo affords us the maximum options. Trustee Strum feels that Rural/Metro could walk away and Mr. W ells asked if we postpone would their decision change. Trustee Zuckerman stated that the resolution gives Rye Brook the ability to change their relationship with Rural/Metro and to have a public hearing. Mayor Filipowski noted that the draft termination contract had been in existence for some time but that former Mayor Cresenzi had deferred making a decision to the new Board. Kurt Krumperman of Rural/Metro spoke and stated that it was in the best interest of all parties to end the relationship with Rye Brook. He further stated it is very difficult to continue and even though they have increased staffing levels he wanted it made clear that it is very difficult to maintain a status quo. If someone leaves, it is difficult to replace. He felt there has to be action on the part of the Village. Trustee Pellino noted that the purpose of having this hearing is to protect the Village. A motion was called by Trustee Zuckerman and seconded by Trustee Pellino for a vote on this resolution. RESOLUTION RESOLVED, that the Board of Trustees will hold a public hearing on April 28, 1998, at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, NY, 10573, on a proposed agreement to modify and terminate the fire protection agreement between the Village of Rye Brook and Rural/Metro Fire Department, Inc.; and it is FURTHER RESOLVED, that the Village Clerk shall cause notice of the public hearing to be published in accordance with law, in form substantially as follows: PUBLIC NOTICE VILLAGE OF RYE BROOK Notice is hereby given that the Board of Trustees of the Village of Rye Brook will hold a public hearing on April 28, 1998 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York, 10573, on a proposed agreement to modify and terminate the fire protection agreement between the Village of Rye Brook and Rural/Metro Fire Department Inc. dated December 17, 1996. 1 00670'A April 14, 1998 The proposed agreement to modify and terminate will provide for the orderly transition to an alternate means of fire protection in the Village, targeted to commence on or about August 1, 1998, and will contemporaneously terminate the existing fire protection agreement. The existing fire protection agreement is to be terminated because the parties have concluded that the present agreement cannot continue for reasons beyond their reasonable control. A copy of the proposed agreement to modify and terminate will be available for public inspection in the office of the Village Clerk during regular business hours. This notice is given pursuant to law, including, but not limited to, Village Law Section 4 - 412 (3) (9) and Chapter 31 of the Code of the Village of Rye Brook. ,TRUSTEE DEGLING VOTING NAY TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING NAY 8. CONSIDERING A RESOLUTION DIRECTING THE VILLAGE ADMINISTRATOR TO CREATE VARIOUS FIRE OFFICER AND FIREFIGHTER POSITIONS IN RYE BROOK Since there was no resolution, Trustee Zuckerman directed that the Village Administrator resolve this and proceeded to dictate a resolution to him and included a Fire Chief, Captain, 2 Lieutenants and 18 firefighters. He stated that this resolution is necessary for the County to authorize us to establish a municipal fire department, if we choose to do so, and that this process can take a great deal of time for their review. Mayor Filipowski felt this was premature and the wrong message to send out. Comments were requested from the public. Peter Silton felt that the Mayor had not had sufficient time and that he should be given that opportunity. He felt it was time to start the healing process. Peter Pitocco spoke as well on the reasons to move ahead on this matter without being sure we would pursue it. Trustee Pellino said it was time to set a public hearing and begin the process and when, and if, the time comes the positions will be there. The Village Administrator explained how long the process will take to certify these positions, He stated that filling out the forms and filing with the County does not require funding. A motion was called by Trustee Zuckerman and seconded by Trustee Pellino. I 00670%) April 14, 1998 RESOLUTION DIRECTING THE VILLAGE ADMINISTRATOR TO CREATE VARIOUS FIRE OFFICER AND FIREFIGHTER POSITIONS IN RYE BROOK. RESOLVED, that the Board of Trustees hereby directs the Village Administrator to request the Westchester County Department of Personnel to create various fire officer and fire fighter positions to staff the municipal Rye Brook Fire Department, including one (1) Fire Chief, one (1) Captain, two (2) Lieutenants, and eighteen (18) firefighters. ,TRUSTEE DEGLING VOTING NAY TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIVOWSKI VOTING NAY 9. CONSIDERING A RESOLUTION DIRECTING THE VILLAGE ADMINISTRATOR TO PREPARE PERFORMANCE BASED STANDARDS AND SPECIFICATIONS FOR FIRE SERVICE. The Village Administrator, Christopher Russo read the request to develop performance based standards and specifications for the Fire Department. Trustee Zuckerman moved that a resolution be put before the Board of Trustees which was seconded by Trustee Strum who also stated that the contract should be based on performance standards of the Village of Rye Brook, Mr. Russo stated that nothing was prepared until he had discussed this with the new Mayor and the draft standards were based on the last 2 '/�years. Trustee Pellino asked that if they are approved that all our options to date be laid out. This gives us.leverage and the ability to make the best choice. Our goal is to have options. Trustee Zuckerman agreed with Trustee Pellino. Trustee Degling felt that we had a short time to explore our options. Comments were called for by the public. Mr. Ruttner felt the development of these standards has a lot of merit but may lack specificity, there was no discussion as to the process and how we get information and no reference as to cost or funding. Trustee Zuckerman responded that it directs the Administrator to set up standards. Andrew Wells spoke about articulating an open and fair process and the best way to move forward with this issue. A motion was called by Trustee Zuckerman and seconded by Trustee Pellino. 006706 April 14, 1998 RESOLUTION DIRECTING THE VILLAGE ADMINISTRATOR TO PREPARE PERFORMANCE BASED STANDARDS FOR A FIRE SERVICES CONTRACT RESOLVED, that the Board of Trustees hereby directs the Village Administrator to prepare a set of performance based standards and specifications for the purpose of requesting proposals from other communities for a fire services contract. TRUSTEE DEGLING VOTING NAY TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE .TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING NAY 10. CHECK REGISTERS: On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION CHECK REGISTERS 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 18355 - 18500 Payroll 25584 - 25695 Capital 2795 - 2797 Environmental 142 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 DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE Uf)6'"01 April 14, 1998 11. IDA NOTIFICATION RE: PFIZER ARROWWOOD PROPOSAL. Discussion ensued regarding the notification of the intention of the Westchester County IDA to hold a public hearing regarding the financing on the Pfizer Arrowwood proposal. The Village Attorney advised that Rye Brook has 30 days to reject the proposal. After further discussion it was decided to hold a meeting on Tuesday, April 21, 1998 at 7:30 p.m, to finalize this matter. 12. DIRECTOR OF PUBLIC WORKS/VILLAGE ENGINEER. Victor Carosi, P.E., Village Engineer gave a report on two topics. The first was on the Arbor Day ceremonies to be held on Friday, April 24, 1998 at 12:00 noon and in conjunction with this, Rye Brook has again been given Tree City U.S.A. status. The second item was on a proposal from the Spectrum Group to erect a temporary sales office consisting of 3400 sf Since this structure is not covered by the Village Code, the developer is asking for permission to erect this building and would cooperate with the ,Village in this regard. This building will be removed when the project is complete. Representatives of the developer gave a presentation and questions were raised as to the traffic impact on King Street. It is felt that the price per unit would not command a great amount of traffic especially not during the week. It was also noted by the developer that the structure being proposed would have no foundation and would be easy to remove. Questions were raised by Dr. Niles as to whether there would be a great deal of advertising, approximately how many people would be expected and would there be traffic back-up on King Street. Our Village Engineer is satisfied that there would be adequate parking and no back-up on King Street. After further discussion it was decided to move forward on this temporary structure but that the developer had to submit a further traffic report. Trustee Strum voted no on this issue. Mayor Filipowski discussed the status of the Starwood proposal and the amount of the tax reduction on the Village of Rye Brook. With no further business the meeting was adjourned by the mayor at 12:05 a.m. Respectfully submitted, Christop er J.-Russo, Village Clerk