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HomeMy WebLinkAbout1998-05-12 - Board of Trustees Meeting Minutes May 12, 1998 AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 12, 1998— 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTIONS: It. PROPOSED AGREEMENT TO MODIFY AND TERMINATE THE CONTRACT WITH RURAL/METRO FIRE DEPARTMENT INC. 12. CONSIDERING ADOPTING AS FINAL THE SCOPE OF DEIS FOR THE DORAL/ARROWWOOD-PFIZER CONFERENCE CENTER SITE PLAN APPLICATION. 13. CONSIDERING ADOPTING AS FINAL THE SCOPE OF DEIS FOR THE SUMMERFIELD SUITES HOTELS SITE PLAN AND WETLANDS APPLICATION. 14. CONSIDERING AUTHORIZING THE CERTIORARI SETTLEMENT FOR RIDGE-BOWMAN ASSOCIATES, OWNERS OF 90 SOUTH RIDGE STREET, RYE BROOK. 15. CHECK REGISTERS. MINUTES: 16. APRIL 14, 1998 BOARD MEETING. REPORT: 17. VILLAGE ENGINEER, RE: KING ST. DRAINAGE ISSUES. 18. TRAFFIC COMMISSION, RE: SPEED LIMIT ON KING STREET. DISCUSSION: 19. BIDS ON CONTRACT 9803, "GARB., TRASH & YARD WASTE." WRITTEN COMMUNICATIONS: 20. KIP KONIGSBERG, ESQ.—REQUESTING THAT A PUBLIC HEARING BE SCHEDULED ON MAY 26 REGARDING THE RED ROOF FARMS PROPOSAL. NEXT TRUSTEES MEETING DATES: MAY 26, 1998 and JUNE 9, 1998 17 00672%3 MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK May 12, 1998 7:30 p.m. CONVENE MEETING The 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 Rural/Metro Fire Chief Martin Drexelius Police Chief Robert J. Santoro Assistant to the Administrator, Richard C. Slingerland Village Engineer, Victor Carosi, P.E. Planning Consultant, Christian K. Miller, AICP Secretary to the Village Administrator, Janet Skrobola Christopher Russo requested that the Board take Item#9 out of order. He stated that the item deals with the Village's contract for garbage, trash and yard waste. The attorney for the lowest bidder A & D Carting, asked to speak to the Board but noted he has to leave by 8:00. Mr. Russo stated that three bids were received and A& D-hadthe lowest bid at $541,810 per year with our current carter Suburban, the next lowest bidder at $561,288 per year. The third bidder A-1 had a bid of$623,736 per year. The Village is now in the process of reviewing the bids and the qualifications of the lowest bidder to see if their qualifications and experience are in compliance with the bid document. So far there is no verification that their experience meets the Village's requirements as set forth in the bid document. Since the attorney for A& D Carting, Stephen Schwartz, had not arrived at this point Trustee Zuckerman recommended we return to the agenda order until he arrived. 1. PROPOSED AGREEMENT TO MODIFY AND TERMINATE THE CONTRACT WITH RURAL/METRO FIRE DEPARTMENT INC.: The Village Administrator spoke about the resolution but deferred to Village Attorney Ken Powell with regard to the reasons for going ahead with this termination agreement now. Mr. Powell stated that this resolution is necessary for us to proceed with the alternatives for future fire protection in the Village of Rye Brook Trustee Zuckerman asked for one change to the resolution to eliminate the word "transitioning" and substitute the words"a transition to." i 006724 May 12, 1998 Mayor Filipowski again asked that a vote on this matter be delayed, as he had asked previously at the April 14"'meeting. He felt that this was not the best decision given that the Village has no alternative in place. Trustee Strum responded that this termination agreement guarantees fire protection services through a date certain and he viewed the passage of this resolution as a positive step. Trustee Zuckerman agreed with him and felt that even if Rye Brook was to stay with Rural/Metro, there would still be a deadline to face. Recognizing the time frames we are under and knowing the alternatives, we should be prepared to move forward. The Mayor opened the floor to comments from the public. Paul Ellenbogen was the first resident to speak. He first asked the audience if there was anyone who was not for safety. He further stated that Trustee Zuckerman stated he was for safety but he felt that although everybody stands for safety, the prior Board had hired Rural/Metro. He felt an outside committee of experts such as Peter Pitocco was needed to help make a decision and tell us what we need for the future. He also felt we should not rush headlong into another disaster, but needed to take more time in order to make the best decision. Mr. Ellenbogen felt we have had adequate coverage from Port Chester for the past 175 years. He stated that Rye Brook should stop beating up on Port Chester and let the "real experts" tell us what we really need. On the motion by Trustee Strum, seconded by Trustee Pellino the following resolution was adopted as amended: RESOLUTION APPROVING AGREEMENT OF MODIFICATION AND TERMINATION WITH RURAL/METRO FIRE DEPARTMENT, INC. WHEREAS, the Village of Rye Brook and Rural/Metro have conducted a review of the agreement dated December 17, 1996, under which the Rural/Metro Fire department, Inc. is providing fire protection and related services in the Village of Rye Brook; and WHEREAS, the parties have concluded that, due to circumstances beyond their control, the agreement in its present form cannot continue until its natural expiration date of May 31, 2001, and it is in the best interest of the Village and parties to provide for a plan and methodology to establish and provide for an alternative means of fire protection; and WHEREAS, as a result the parties have negotiated a draft Agreement of Modification and Termination which will modify the present agreement, and which will terminate the fire protection agreement for convenience of the parties at the time Rye Brook is ready to assume responsibility for the provision of fire protection; and WHEREAS, on April 28, 1998 the Village Board conducted a public hearing on the draft Agreement of Modification and Termination after due notice, and all persons wishing to be heard were afforded an opportunity to do so; and WHEREAS, the Village Board finds that it is in the public interest to enter into the Agreement of Modification and Termination; and 2 i 006720 May 12, 1998 WHEREAS, assuming this is an action subject to SEQR, it is an unlisted action which will have no significant effect on the environment, and a draft EIS will not be prepared, since the agreement provides for an orderly plan for a transition to an alternate and adequate method of fire service. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into the Agreement of Modification and Termination with Rural/Metro Fire Department Inc., which will modify and terminate the fire protection service agreement dated December 17, 1996 between the parties; AND IT IS FURTHER RESOLVED, that the Mayor is authorized and directed on behalf of the Village to execute and deliver the Agreement of Modification and Termination, and such other documents as may be necessary or appropriate to accomplish the purposes of this Resolution. TRUSTEE DEGLING VOTING NO TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING NO 9. BIDS ON CONTRACT 9803. "GARBAGE, TRASH & YARD WASTE: (TAKEN OUT OF ORDER) Stephen Schwartz, attorney for A&D Carting, stepped forward to make his comments on the award of the contract for garbage, trash and yard waste. The Village Administrator apprised him to what had been been said earlier. Mr. Schwartz noted that A&D was the lowest bidder on this contract and stated that his client was qualified. He spoke about his correspondence with the Village Administrator and respectfully stated his disagreement with the Administrator's statements and correspondence on the issues of specifications and scope of work. He stated that his client has been in business for more than 25 years, with contracts including the U.S. Postal Service who had cleared them to perform the work after a background check. He stated that the bid should be reviewed and his client awarded the contract. Trustee Strum asked if they had previously picked up garbage for a municipality in Westchester County, Mr. Schwartz, on the advice of his client, stated that they had done so. Trustee Pellino asked if A & D had any kind of extensive background in rear-yard residential trash. Trustee Strum asked specifically for which municipalities and of what size. Mr. Schwartz listed New Rochelle, Mt. Vernon and Yonkers as references for container collection. Trustee Strum stated, each of those municipalities have their own residential collection services, and reiterated his question about what services A&D had provided for municipalities. Ted Garofalo of A&D stated they also perform container pick-up for the NYS Power Authority. Trustee Strum asked if the postal pick-up was central and Mr. Garofalo stated they provided refuse and recycling pick-up for 1, 1 '/2 and 3 yard containers. Mr. Schwartz added that a majority of the services they performed had been "rear-yard." Trustee Zuckerman wanted to know the largest number of pick-ups A& D had done in a day for "rear-yard." That could not be answered at this time. 3 i U "ice May 12, 1998 Trustee Pellino asked about the size of A& D's crews to accommodate 2,600 collections, 5,200 per week. Mr. Schwartz said they used 2 men trucks. Trustee Zuckerman wanted know how many trucks A &D had available for Rye Brook's contract. Mr. Schwartz stated that they would be purchasing new equipment for this award but there was sufficient crew as well as equipment to handle 2,600 homes starting June 1, 1998. Trustee Pellino asked if they could handle two residential pick-ups for household trash and one for curb-side each week and Trustee Strum again asked if what A& D had done in the past was substantially similar. Mr. Garofalo stated that the bid requirements have been met and that they had more than enough equipment in inventory to handle this contract. The Village Administrator wanted to go over the methodology of determining a successful bidder for the Village. He read from the bid document the bidder qualifications on page 2 which covers rear-yard and, to a lesser degree, curb-side pick-up. He stated that they are not the same as container pickup and that the contract clearly covers what is required in terms of rear-yard pick-ups. He stated that the Village uses the post-qualification method of selecting the most responsible bidder in order to encourage people to bid, and that the minimum requirements are enclosed in the bid documents. Mr. Schwartz replied that garbage is garbage, and that what he had heard was garbage. He did not understand how the Village had reached its conclusion and challenged the determination that his client lacked the proper qualifications and experience, stating that A& D had been in business for more than 25 years and most of their staff had been with them over this period. He reiterated that his client is qualified to perform under the contract. He stated that this will not end here and that his client would seek redress in the courts. Mayor Filipowski stressed that the Village Administrator was not implying anything but had only raised some questions. Mr. Schwartz responded that there were no facts presented but rather broad statements. The Village Attorney stated that the Board needs the information and that the award should go to the lowest responsible bidder. The question here is qualification. But if a bidder is disqualified due to questions regarding their qualifications, then the bidder is entitled to a hearing. The Mayor then asked if the contract could start in June and Mr. Powell stated that the Board must hold a hearing on the issue if A&D is not considered to be a qualified bidder. The Mayor asked what notice requirements were required and the Village Attorney stated that tonight's discussion was an informal hearing. He inquired if A& D desired a formal hearing, and their response was in the affirmative. It was decided to discuss the issue further in Executive Session. The Mayor thanked the attorney and representatives of A& D for their interest. Trustee Zuckerman was concerned about the expiration of the current contract and felt that by the delay the Village may create the danger of not having our garbage picked up in three weeks. A motion was called to go into Executive Session to discuss the sanitation collection contract by Trustee Strum, and seconded by Trustee Degling and unanimously approved. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4 i 00672 � May 12, 1998 2. CONSIDERING ADOPTING AS FINAL THE SCOPE OF DEIS FOR THE DORAL/ARROWWOOD-PFIZER CONFERENCE CENTER SITE PLAN APPLICATION: The item was deferred to Christian Miller who stated that the scoping document had been revised and that both items 2 and 3 on the Agenda were similar in regard to their proximity to each other and that the nature of the impact was appropriate. He stated that in both items 2 and 3 all typographical errors would be corrected in the final versions of the scopes. Trustee Strum asked if the comments received were included and Christian stated that they were included in a general manner, but that they would be covered in more detail in the DEIS. Trustee Pellino asked about the intent of a sentence on page 3, paragraph E. Mr. Miller responded that it might be an issue the Board would have to deal with. Trustee Pellino asked if the designation would be made by the Village Board and Christian responded yes. Again it was reiterated that boiler plate corrections would be made to the Scopes for the Doral/Arrowwood-Pfizer project and the Summerfield Suites project. Mayor Filipowski referred to water use in excess of 20,000 gallons per day and felt that there was the potential for an extraordinary use of water. Christian replied that this is a potential impact and that he would confirm the actual number and address this issue. The Mayor asked if the FE1S would be more specific and Mr. Miller said absolutely. The Mayor asked about the increasing demands on police services and asked if we knew how many times we had responded to the property. Christian Miller stated he did not know but the Police Chief might know. The Mayor invited comments from the public, and there being none, the Village Administrator read the resolution. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was adopted as amended: RESOLUTION ADOPTING FINAL SCOPING DOCUMENT FOR DORAL/ARROWWOOD-PFIZER CONFERENCE CENTER PROJECT WHEREAS, the Village Board is acting as Lead Agency with regard to the environmental review of the Doral/Arrowwood Conference Center Project; and WHEREAS, pursuant to the NY SEQRA, the Applicant submitted a draft Scoping Document; and WHEREAS, the Village of Rye Brook Board of Trustees circulated a draft scope to all interested agencies and held a public scoping session on Tuesday, April 14, 1998, at 6:30 p.m. and all interested parties were heard and written comments were accepted until the close of business on Friday, April 17, 1998; and WHEREAS, the Village, in consultation with the Applicant and based upon public comments, has modified the Scoping Document; and 5 006728 May 12, 1998 WHEREAS, comments were received from the attorney for Doral/Arrowwood Homeowners Association, the City of Rye and the Town of Greenwich Town Planner at the scoping session; and WHEREAS, the Village's Professional Planning Consultant has modified the Scoping Document pursuant to comments from the Village Board and the public. NOW, THEREFORE, BE IT RESOLVED, that the Scoping Document prepared and submitted by the Applicant, discussed at the public scoping session on April 14, 1998, and amended pursuant to the comments received is hereby adopted as the Final Scope pursuant to SEQRA. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. CONSIDERING ADOPTING AS FINAL THE SCOPE OF DEIS FOR THE SUMMERFIELD SUITES HOTELS SITE PLAN AND WETLANDS APPLICATION: Christian Miller stated that the Scope of DEIS was similar to the one for the Doral project and the comments made apply to this project as well, except for the zoning. He summarized the comments on the scope, stating that the zoning had to do with hotel requirements with respect to the site. He continued that there were zoning compliance issues dealing with parking set backs and allowing for cooking facilities, which are currently not permitted. There being no public comment Christopher Russo read the resolution and noted comments that were submitted on the project. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted as amended: RESOLUTION ADOPTING FINAL SCOPING DOCUMENT FOR SUMMERFIELD SUITES HOTELS PROJECT WHEREAS, the Village Board is acting as Lead Agency with regard to the environmental review of the Summerfield Suites Hotels Project; and WHEREAS, pursuant to the NY SEQRA, the Applicant submitted a draft Scoping Document; and WHEREAS, the Village of Rye Brook Board of Trustees circulated a draft scope to all interested agencies and held a public scoping session on Tuesday, April 28, 1998, at 6:30 p.m. and all interested parties were heard and written comments were accepted until Written Comments accepted until close of business Friday, May 8, 1998; and 6 1 00672i May 12, 1998 WHEREAS, the Village, in consultation with the Applicant and based upon public comments, has modified the Scoping Document; and WHEREAS, comments were received from the attorney for Doral/Arrowwood Homeowners Association, the Blind Brook Country Club, Mrs. Sullivan of 239 Betsy Brown Road, the Town of Greenwich Town Planner and a member of the King-Merritt Home Owners Association in Greenwich, Connecticut; and WHEREAS, the Village's Professional Planning Consultant has modified the Scoping Document pursuant to comments from the Village Board and the public. NOW, THEREFORE, BE IT RESOLVED, that the Scoping Document prepared and submitted by the Applicant, discussed at the public scoping session on April 28, 1998, and amended pursuant to the comments received is hereby adopted as the Final Scope pursuant to SEQRA. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3. CONSIDERING AUTHORIZING THE CERTIORARI SETTLEMENT FOR RIDGE- BOWMAN ASSOCIATES OWNERS OF 90 SOUTH RIDGE STREET, RYE BROOK: The Village Administrator stated that this is a resolution to pay back taxes. He noted that the amount in the Stipulation for reduction was incorrectly stated, but that the correct amount appeared in the Judgment. Trustee Pellino asked if the percentage rate was current. Rich Slingerland responded that it was established under State law. The Village Administrator then read the resolution. On the motion of Trustee Strum, and seconded by Trustee Degling, the following resolution was adopted as amended: RESOLUTION APPROVING TAX CERTIORARI SETTLEMENT FOR 90 SOUTH RIDGE STREET (SECTION 1, BLOCK 19, LOT 3112) RESOLVED, that the Village of Rye Brook approves a tax certiorari settlement with Ridge Bowman Associates for assessment years 1993, 1994, 1995, 1996 and 1997 (Ridge Bowman Associates v. the Village of Rye Brook, its Assessor and Board of Review, Index No's 93-8089, 94-6325, 95-6770, 96-6503 and 97-7147) as set forth in an order and stipulation, as revised, received March 6, 1998 by the Village Clerk; and it is 7 0 7JU May 12, 1998 FURTHER RESOLVED, that Special Counsel Mark S. Tulis is authorized to execute and deliver all documents necessary and appropriate to accomplish the purposes of this Resolution; and it is FURTHER RESOLVED, that the Village of Rye Brook authorizes the refund of taxes pursuant to this settlement, as appropriate to accomplish the purposes of this Resolution. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. CHECK REGISTERS: The resolution was read by the Village Administrator. On the motion of Trustee Zuckerman, seconded by Trustee Pellino, the following resolution was 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 18585 - 18653 Payroll 25798 - 25879 Capital Pre Paid 2802 - 2805 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook 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 MINUTES: 5. APRIL 14, 1998 BOARD MEETING. Trustee Strum asked that the page numbers of the minutes be added, and noted that a Board vote should not be split on two pages. He also noted that the rules should be corrected and change Agenda Meeting to Board Meeting. There being no further comments, the Mayor asked for a motion to adopt the minutes. On the motion of Trustee Pellino, seconded by Trustee Zuckerman, the minutes were adopted as amended. 8 006731 May 12, 1998 TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE REPORT: 6. VILLAGE ENGINEER, RE: KING STREET DRAINAGE ISSUES: Village Engineer Victor Carosi reported on the drainage problem on King Street and stated that he had received a letter from Mr. & Mrs. Hoff; he had investigated their claim of water accumulation in their back yard. It was noted that they had been advising the Village of the problem for a while and that he was investigating so that the problem could be remedied. Trustee Zuckerman asked when Mr. Carosi would have a report, and the Engineer stated that he should have his report in about a month. He had no conclusions of the drainage analysis to give at this point. The Mayor opened the floor to comments from the public. Mr. Howard Hoff, author of the letter, spoke up about how the drainage problems are affecting his property. He stated that it is affecting the grassy areas and the planting areas where water had never accumulated before. He stated, "There is moss growing and the ground is very wet." He requested that the study be completed as quickly as possible so that the affects could be reversed. The Mayor expressed his apologies for the problems Mr. Hoff had been having and asked how long they been going on. Mr. Hoff responded that it had been brought to the Village's attention during the development. He suggested that the plans of the Village's consultant, Dolph Rotfeld Engineers, were not followed somewhere along the road. Mr. Hoff further stated that this was first brought to the attention of the Board in 1993. On another topic, Trustee Strum asked about the Bluebird Hollow situation and Mr. Carosi responded that there had been detours on Meadowlark, that the contractor had laid asphalt and that the road would be reopened in one to two days. Trustee Strum asked if the contamination had been contained and the Village Engineer said that whatever was necessary to mitigate this situation had been done. There being no further comments there was no further action taken at this time. 7. TRAFFIC COMMISSION, RE: SPEED LIMIT ON KING STREET: The Village Administrator read a report from the Traffic Committee regarding the speed along King Street. He stated that they felt the speed limit should be 30 mph from the Port Chester border to Ridge Street. Police Chief Santoro spoke about the large increase of traffic on King Street and their request to the State to allow the Village to make it 30 mph from the Port Chester border to Glenville Road. The Mayor asked if the speed should be 30 mph in front of the Blind Brook School and said that at 6 a.m. the traffic sometimes moves as fast as 60 mph. The Chief stated that during peak hours when there is a large amount of traffic they cannot do 40 mph. Trustee Pellino asked if the Board needed to pass this as a motion or as a resolution. Trustee Degling stated that King Street should be 30 mph from Port Chester's border to Ridge Street. Trustee Strum asked if any members of the public had comments on this issue. Mr. Lowenstein, a 9 006732 May 12, 1998 resident of King Street, stated that speeders don't obey the speed limit as it is, and that perhaps it would be wise to increase police speed enforcement on King Street. A motion was called by Trustee Degling, seconded by Trustee Zuckerman to approve the change to 30 mph on King Street from the Port Chester border to Ridge Street subject to the approval of New York State. Trustee Pellino spoke about a related issue, noting that the trip-wire for the light on Westchester and Lincoln Avenues needs to be fixed, and since this is a State road we should contact them on this as well. On the motion of Trustee Degling, seconded by Trustee Zuckerman, the following resolution was adopted: RESOLUTION REQUESTING THE NY STATE DOT TO CONSIDER LOWERING THE SPEED LIMIT ON KING STREET BETWEEN THE PORT CHESTER BORDER AND NORTH RIDGE STREET WHEREAS, the Village of Rye Brook Board of Trustees has received numerous complaints from residents regarding the speed of traffic on King Street south of North Ridge Street; and WHEREAS,the Village of Rye Brook Traffic Commission held a public meeting on Monday, April 6, 1998, and reviewed the speed limit on King Street with input from residents and the Police Department and concluded that the speed limit on King Street should be reduced to 30 MPH from North Ridge Street south to the Port Chester border. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees recommends that the speed limit on King Street (Route 120-A) be reduced to 30 MPH from the intersection with North Ridge Street and the Hutchinson River Parkway south to the border between Rye Brook and Port Chester; and be it FURTHER RESOLVED, that the Village Clerk shall forward a copy of this resolution to the New York State Department of Transportation for a review and determination. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 10. KIP KONIGSBERG, ESO. - REQUESTING THAT A PUBLIC HEARING BE SCHEDULED ON MAY 26 REGARDING THE RED ROOF FARMS PROPOSAL. Kip Konigsberg, the attorney for the Red Roof Farm developers, asked that a public hearing be held on the Red Roof Farm project for the May 26°i Board Meeting. Christian Miller stated that the comment 10 067 341 May 12, 1998 period for the Conditional Neg Dec ends on May 22" prior to the next meeting and that based on these comments we could either reaffirm the Conditional Neg Dec or issue a Pos Dec. He stated that it is appropriate for the Board to schedule a public hearing since certain time periods begin after the comment period and there is a 62 day period in which to schedule a public hearing. Trustee Strum asked if the City of Rye was notified and if the hearing could be held on May 26t". Christian Miller stated it would be fine and having the public comments is all the better for the Village. With the preliminary plat approval we could close out the SEQRA issues and deal with the subdivision and other modifications. On the motion of Trustee Strum, seconded by Trustee Pellino, the following resolution was hereby adopted: RESOLUTION PUBLIC HEARING ON RED ROOF FARM PROPOSAL RESOLVED, that the Board of Trustees will hold a public hearing on Tuesday, May 26, 1998, at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, NY, 10573, on the preliminary plat and wetlands permit application by Red Roof Farm, LLC, for the proposed subdivision of the property at 200-202 North Ridge Street, also known as Red Roof Farm; and it is FURTHER RESOLVED, that the Village Clerk shall cause notice of the public hearing to be published in the official newspaper of the Village of Rye Brook. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE The Mayor noted that the next meetings would be held on May 26 and June 9, 1998. He also pointed out that the editorial on the High Point fire that was very critical to the Village of Rye Brook. The Mayor wanted everyone to know that there was a meeting with the District Attorney and that there is an ongoing investigation with our Police and with the assistance of the D.A.'s office. He also stated that the District Attorney had responded to the editorial and noted that Rye Brook and her offices had made the appropriate response. He wanted to know if the Board should respond to the editorial as well. Trustee Zuckerman stated that the response was correct and that at this stage there was no need for the Board to respond. It would have been appropriate for the Board to have written that response ourselves since what she said is absolutely correct. He further stated that it will become more important on how we respond in the future and who is going to be in charge at the scene. Trustee Zuckerman said we need formal procedures to handle this in the future. The Mayor stated that the District Attorney was handling it with the help of our police. Trustee Zuckerman stated that the Board of Trustees was not informed that the Mayor was meeting with the D.A. Police Chief Santoro stated that his department is the lead agency in this investigation. Trustee Zuckerman further noted that he had contacted the D.A.'s office and was told that the Rye Brook Police Department is handling this investigation and that they are doing an exceptional job. The Mayor then asked for any other public comments. Milton Meiskin spoke about a meeting at 11 May 12, 1998 Crawford Park which had a large turn out and dealt with the purchase of the Blind Brook Club by the Village of Rye Brook. He asked if his committee could make a presentation at the next Board Meeting on May 26, 1998 on their plans for the Blind Brook Club as a recreational area and other possible uses. Trustee Zuckerman asked if they had been in discussion with the Blind Brook Club about selling the property. Mr. Meiskin responded that they had been told the property is not for sale but that they would not be adverse to a take-over under eminent domain. Trustee Zuckerman responded that it would be beneficial to have a legal opinion that a municipality may, in fact, take a facility for eminent domain. The Mayor asked how we should proceed and Trustee Strum suggested that the Facilities Committee look into the matter. Trustee Pellino stated that we should listen to what they had to say first and decide whether to send the issue to the Facilities Committee for review. Trustee Degling stated that the '/2 hour they need for their presentation would give the Board an introduction to the issue. The Mayor asked if we could do this on June 9'h suggested that the Village have Facilities Committee Chairman Ken Berman get in touch with Mr. Meiskin. Resident Steve Gumpel spoke about increases in the budget, specifically regarding trash collection. He asked if the number of pick-ups could be reduced to save money. He suggested cutting it back to once a week or once a month. Trustee Degling responded that reducing the number of pick-ups would not necessarily reduce the amount of trash. "We may create so much trash we might need that money for more pick-ups." Peter Pitocco spoke and stated that he was confused about the speed limit on King Street being reduced from 40 mph since the cars are going faster than that now. He noted that they should reduce it or have more speed enforcement, which could also provide more revenue to the Village. The Mayor asked if radar could be used to a greater degree and Trustee Pellino asked about the availability of seized assets. The Police Chief said the Stop DWI program is assigned after the bars close, that we cannot talk about making money on this issue and that radar would be stationed more frequently during the summer. Trustee Zuckerman stated there is a tendency to speed on the straight areas and that the speed increases when traffic is light. The Chief reiterated that they would need extra manpower, some of whom must be trained. He also stated that to an observer it is difficult to specify how fast someone is going. Mr. Pitocco then spoke about the garbage pick-up and suggested that maybe in winter it could be reduced, but that during the summer it could be increased. Ken Heller spoke about the drainage problems at the King Street subdivision and stated that the things he has warned about are coming true. He stated, "I love Dolph (Rotfeld), but the experts are always wrong and we do not give enough attention to this serious issue. We ignore the drainage until it all backs up and nature takes its course." ADDENDUM # 1: DESIGNATING JOSEPH PELLINO AS A SUBSTITUTE ON THE NEGOTIATING COMMITTEE FOR FIRE SERVICE MATTERS: Trustee Zuckerman brought up the issue of negotiations with Port Chester on fire services and noted that Trustee Pellino would be substituting for Trustee Strum at the May 14"' meeting. He felt it was necessary to have a resolution appointing Trustee Pellino as the substitute for that meeting. On the motion of Trustee Strum, seconded by Trustee Zuckerman, the following resolution was adopted: 12 00673i May 12, 1998 RESOLUTION DESIGNATING JOSEPH PELLINO AS A SUBSTITUTE ON THE NEGOTIATING COMMITTEE REGARDING FIRE SERVICE MATTERS WHEREAS, there is a meeting scheduled regarding the fire service negotiations with the Village of Port Chester, which Deputy Mayor Eugene Strum cannot attend due to scheduling conflicts. NOW, THEREFORE, BE IT RESOLVED, that Trustee Joseph Pellino is appointed as a substitute representative on the Negotiating Committee with the Village of Port Chester regarding fire service matters, as may be necessary. TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE ADDENDUM # 2: CONSIDERING FIRE SERVICE REOUIREMENTS FOR THE VILLAGE OF RYE BROOK: Next, Trustee Strum spoke about our choice of Rural/Metro and the perception that they were a mistake. He stated that the Westchester County Fire Coordinator indicated that Rural/Metro was the proper model for the Village of Rye Brook. He further stated that there is no offer on the table to provide service from Port Chester as far as an amount of compensation. We should be looking at the studies for Port Chester for 1987 and 1992 and paying attention to the deficiencies in their system. The Mayor then stated that he needed a motion to go into executive session to discuss the High.Point Hospital fire investigation with the Chief of Police. This motion was moved by Trustee Zuckerman and seconded by Trustee Strum and unanimously approved. At this point Trustee Pellino requested that the Board also go over the fire standards. The Village Administrator stated that he had received changes from one Board member, Trustee Zuckerman, with regard to the fire standards. The Mayor asked if it was appropriate to amend the motion to go into executive session and discuss the fire standards as well. The Village Attorney said it was appropriate to amend the motion to include the fire standards. Trustee Pellino stated that the fire standards should be gone over tonight and finalized with a consensus from the Board before we go into executive session. Trustee Zuckerman stated that the standards are a matter for public discussion and they have the right to know. He felt they should be added to this agenda and discussed at this meeting. The Village Administrator also stated that a consultant was waiting to discuss the sanitation contract and they should speak to him as well while in executive session and that there was a motion on the table to go into executive session. At this point the Mayor asked for a motion 13 May 12, 1998 to adjourn to executive session but since it had been moved there was no need to move it again . This took place at 9:35 p.m. and when they came back they would go over the fire performance standards. The meeting went back into session at 9:55 p.m. and the fire performance standards were reviewed. The Mayor stated that the standards had been done in outline by Trustee Strum. Trustee Strum then read the Fire Performance Standards which were done in outline form. Trustee Zuckerman asked for changes to be made in the Command & Control section. Equipment will remain as is. The section on Training was amended with changes proposed by Trustee Zuckerman. Substance Abuse to remain as is. Community Service with changes as per Trustee Zuckerman. Oversight with a point added as per Trustee Zuckerman. Draft as submitted with recommended changes by Trustee Zuckerman. Upon completion of the Board's review, the Mayor called for public comments. Trustee Degling felt time was needed to come out with all these standards. Trustee Pellino noted that these are a starting point in our negotiations and a list like the one submitted is a good point to start negotiations from. He further felt it is something to work with and to take to Port Chester as most, if not all of it, could be complied with. Trustee Zuckerman noted that these standards are not only something to bring to Port Chester, but as a starting point for dealing with anyone else. Trustees Strum and Pellino stated that we must be flexible. Peter Pitocco spoke and stated he has a background on this subject, and that there were some very good recommendations and that more than 50% of the requirements do not come from Federal or State Requirements. With regard to response time he stated than better than 50% take more than 3 minutes and that response time depends on the conditions; he stated that a four minute response time was a better figure. He felt the number of hours of training as stated in the standards was ridiculous especially onerous, particularly 250 hours for a volunteer. Trustee Strum stated that the correct amount was 144 hours per year. The Mayor asked Mr. Pitocco how much training is required to become a State Certified Firefighter I. Mr. Pitocco said there was no such thing as a State Certified Firefighter I. OSHA training requirements are eight hours for volunteers and 100 hours for professional firefighters. The Mayor then asked if all paid firefighters have EMT Certification and EMT D Certification. Mr. Pitocco said he would look into that issue. Bert Slonim spoke and noted that he had spoken two weeks ago and still felt that safety above all is paramount. He discussed the MMA study recently released which reviewed command control, organization, response time and training and said there were a number of deficiencies in the Port Chester Fire Department. He also noted Chief Barnes' response contained a series of recommendations. He felt the Board is to be commended for developing these standards, which provides confidence in negotiations. He urged the Board to adopt something along these lines. The Mayor asked for the initial source of having 4 men plus a chief at a site and Trustee Strum stated the these were OSHA standards and that it is a minimum. Mr. Pitocco said that OSHA asked for 2 men in and 2 men out. He stated that although it does say a minimum of 4, but per NFPA there should be 12 plus the chief for a total of 13 people. Trustee Zuckerman stated that Rye Brook presently has a minimum of 4 firefighters responding to a scene. Discussion continued on this issue. 14 May 12, 1998 Trustee Strum felt that if they were going to discuss negotiation points, then they should move to executive session. Trustee Zuckerman asked that these standards and goals be the basis for the Rye Brook Fire Department and a starting point for negotiations. Trustee Strum seconded his motion. Trustee Degling stated that these were great goals and he had no problems in presenting them and trying to reach them. As discussion continued on how to present these standards, Trustee Strum again asked if there was a need to go into executive session and a motion was called by Trustee Pellino, seconded by Trustee Strum. Bert Slonim wanted to respond to the Board going into executive session on this issue and felt it is a matter of public safety in Rye Brook and was appropriate that these matters should be discussed in public. The Mayor responded that this session was to agree on the methodology. On the motion of Trustee Zuckerman, seconded by Trustee Strum, the following resolution was adopted: RESOLUTION FIRE SERVICE REQUIREMENTS FOR THE VILLAGE OF RYE BROOK RESOLVED,that it is the sense of the Board of Trustees of the Village of Rye Brook that the above-mentioned Fire Service Requirements for the Village of Rye Brook be the basis for any Rye Brook Fire Department, or the starting point for negotiations with any other entity. TRUSTEE DEGLING VOTING NAY TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING NAY The public portion of the meeting was adjourned at 10:30 and the Board of Trustees went into executive session to also discuss negotiating strategies. During the executive session, the Village Board reviewed the fire service requirement outlines and adopted the following resolution. In Executive Session and upon the motion of Trustee Pellino, seconded by Trustee Strum, the following resolution was adopted unanimously: RESOLUTION FIRE SERVICE GOALS AND STANDARDS RESOLVED, that the previously adopted"Fire Service Requirements for the Village of Rye Brook" are hereby modified and adopted as the"Fire Service Goals and Standards" to be the basis for any Rye Brook Fire Department, or the starting point for negotiations with any other entity. 15 TRUSTEE DEGLING VOTING AYE TRUSTEE PELLINO VOTING AYE TRUSTEE STRUM VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE Meeting was adjourned at 11:30 p.m. R�ct ll�mitted �� d Christopher J. Russo Village Administrator/Clerk