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HomeMy WebLinkAbout1998-09-15 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES SPECIAL MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 15, 1998—7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. PROPOSED FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER. RESOLUTIONS: 2. CONSIDERING RESOLUTION OF APPROVAL- LOCAL LAW INTRO 5-1998 AMENDING THE VILLAGE CODE IN RELATION TO THE RYE BROOK FIRE DEPARTMENT. 3. CONSIDERING RESOLUTION OF APPROVAL- FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER. 4. CONSIDERING APPOINTMENT OF COMMITTEE MEMBERS TO DETERMINE THE COST OF ACQUISITION OF THE BLIND BROOK CLUB. DISCUSSION: 5. CHANGE OF MEETING DATES FROM OCTOBER TO JANUARY DUE TO HOLIDAY SCHEDULE. NEXT TRUSTEES MEETINGS: SEPTEMBER 22, 1998 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at(914) 939-1121. MINUTES OF A SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK SEPTEMBER 15, 1998 CONVENE MEETING Mayor Filipowski called the Meeting to order at 7:30 p.m. 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 Village Engineer, Victor Carosi, P.E. Village Treasurer, Joseph Cortese Rural/Metro Fire Chief Martin Drexelius Police Chief Robert J. Santoro Assistant to the Administrator, Richard C. Slingerland Fire Chief William Barnes Fire Chief George Szczerba The Mayor began the meeting at 7:30 p.m. with the Pledge of Allegiance. PUBLIC HEARING: 1. PROPOSED FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER. Village Administrator Christopher Russo noted minor changes in the contract based on a meeting between Rye Brook's and Port Chester's negotiating teams. On page 3 he noted Port Chester intended to maintain the present level of personnel. On page 5 and 9 noted the word"control" was omitted at the request of the Port Chester Village Attorney to avoid possible Workers Compensation issues. Trustee Zuckerman commented that he agreed that the changes made were minor. He felt that the problems with the contract raised last time were not resolved, and that it remained unclear as to what Port Chester's fire response would be under the contract. Trustee Degling noted that the phrase"to the extent that these guidelines apply to the services being provided by this agreement" is a necessary addition because if you study the guidelines you will see that certain of the guidelines refer to special conditions east or south of the railroad. He stated, "We are not September 15, 1998 east or south of the railroad, so to the extent that those provisions are in the guidelines, they do not apply to this agreement." He explained that the purpose of the words had to do with responses within Port Chester by different fire companies. Tr. Zuckerman stated that if the guidelines don't apply to Rye Brook, then they shouldn't be in the agreement. Mayor Filipowski reminded Tr. Zuckerman that if he wanted to address a concern about another trustee's comments, he should let the other Board members speak and then comment. Tr. Zuckerman stated that if they are going to incorporate the guidelines they be rewritten in a proper contractual form that would apply directly to the Village of Rye Brook. He felt they had not been. Mayor Filipowski opened the floor to comment from the public. Mr. Bill Aughavin, of 16 Mohegan Lane, Rye Brook, noted that he found no discussion of mutual aid in the contracts, and he questioned whether Rye Brook would receive mutual aid if Port Chester's apparatus was involved at a fire in Port Chester. Mr. Aughavin also wanted to know what kind of response Rye Brook would receive as a secondary response and whether such a scenario had been considered. Mr. Aughavin objected to a part time Rye Brook Fire Department, in combination with the Port Chester Fire Department. He felt that it would be a waste of money, that it would not be used in the proper manner, and that Rye Brook should either establish its own fire department or contract entirely with Port Chester. Ken Heller of 22 Lincoln Avenue spoke next, and urged the two communities to sit down and work out a permanent solution, especially with a deadline looming in 2 weeks. Mr. Heller was also concerned about mutual aid and fire insurance rates, stating, "the insurance companies are beginning to look at this and what we don't pay in taxes your going to end up paying in insurance." Amy Schoen of 73 Country Ridge Drive had missed the previous meeting. She asked about the accountability for the funds paid to Port Chester, including assurances that the monies paid by Rye Brook would fund fire protection. She urged the Board to require contractual accountability for expenditures. Peter Raider of Valley Terrace stated that Rye Brook was formed to keep our tax dollars working for our community, and he objected to spending tax dollars outside of the Rye Brook community. He addressed Chief Barnes and asked for an explanation of the prevailing apparatus response guideline. Chief Barnes responded that it meant that the current guideline could be changed. Mr. Raider replied that if that is the case, then the words should be changed and the community contracting with Port Chester should have the right to snake sure standards are provided for and adhered to. He continued that Rye Brook still would have no accountability, and that volunteers of one fire company had to be coerced to approve the agreement based on the incentive of a new firehouse and receipt of the 2% money. Lawrence Engle, 12 Churchill Road questioned the long term references in the contract, which stated that our cost would not exceed 50% of the aggregate direct cost. He asked if the $650,000 represents presently 50% of their cost, and "What is their budget?" Mayor Filipowski responded that the cost of the fire service agreement is based on the last contractual annual fee that we paid Port Chester-- which was $607,000 -- adjusted for the cost of living. Tr. Pellino interpreted the question as asking what was the budget for the Port Chester Fire Department and how -2- September 15, 1998 does it relate to the $657,000. Mayor Filipowski stated that it did not refer at all to the budget, and referred the question to the Village Administrator. Administrator Russo stated that the Port Chester Fire Budget is approximately $1.5 million. Tr. Pellino requested some information on the subject of Mutual Aid. Chief Barnes responded that the Port Chester Fire Department has numerous resources to handle multiple fires at one time. He stated that as a member in the Westchester County Mutual Aid plan, we would have the flexibility of bringing in apparatus from surrounding communities such as Rye City, Purchase, Mamaroneck, West Harrison and White Plains to provide Mutual Aid either to Rye Brook or Port Chester. Mayor Filipowski asked Chief Barnes to describe in detail the men and apparatus available as department resources to answer other fires if multiple fires occurred. Chief Barnes stated that on an initial assignment they would send a complement of apparatus in excess of National Standards, and make sure proper personnel are on the scene immediately. Chief Barnes stated cases to make a point regarding manpower. He noted 55 fire fighters responded to an early morning structure fire on September 1; 22 fire fighters responded to an August 16"'fire; 28 fire fighters responded to a June 6"fire -- he noted that typical responses from 20 - 55. He concluded that Port Chester has adequate resources and manpower. Tr. Zuckerman pointed out to Chief Barnes that in their 1996 budget, the Village of Port Chester sought to eliminate several of the paid positions, and that the Chief had stated at the time that 95% of the time the career engine is the first engine on the scene making the initial fire attack. Tr. Zuckerman asked how many men are on a career engine? Chief Barnes responded between land 2. Tr. Zuckerman asked if the initial attack is then made by 1 - 2 men and the volunteers follow up, pointing out that "2 in, 2 out" staffing does not comply with OSHA requirements. Chief Barnes further stated that the"2 in, 2 out" does not relate to volunteer, career or combination departments. He explained that the OSHA rule is requiring that before you begin fighting a structural fire, you have to have 2 personnel outside the structure or the area prior to beginning your operation, and that OSHA does not require it to be a career or volunteer operation. Tr. Zuckerman asked some further questions about manpower; and then stated the point of his questions, asking "For what community was the Port Chester Fire Department designed to provide fire protection?" Chief Barnes responded that it was designed for Port Chester. Tr. Zuckerman and the Chief discussed the issue further, and the Chief concluded that there are adequate resources for the Port Chester Fire Department to provide fire protection for the Village of Port Chester and for the additional service load in Rye Brook. Tr. Zuckerman asked the Chief about EMS training. Chief Barnes responded that the fire department has a program in place to train their personnel for EMS, but the fire department is not called upon to provide EMS in Port Chester. Tr. Zuckerman asked if they provide lock out service. Chief Barnes responded that there is a response for a structural lock out, by sending ladder and rescue units. Tr. Zuckerman wanted to know if they do basement pump-outs in Port Chester, Chief Barnes responded that they had streamlined their operations from previous years, but where possible they would do it. Tr. Zuckerman asked if the department could handle HAZMAT responses, or does Port Chester require assistance from the Westchester County Hazardous Materials response team? Chief Barnes responded that Port Chester could provide HAZMAT first responder operations to contain spills until the County -3- September 15, 1998 HAZMAT team could respond. Tr. Zuckerman felt that Rye Brook was contracting for EMS, HAZMAT, lockouts, etc. with the Village of Port Chester, but in order to provide those services under the contract, Port Chester's department would need to expand their training and staff, and improve their operations. He reminded everyone about the MMA Consulting report on Port Chester's fire operations, and asked if the Chief stood by that report. The Chief responded that he stood by the Fire Department's recommendations. Tr. Zuckerman addressed the Board members and expressed his concerns over how the dollars would be spent. He believed that a career fire department in Rye Brook would be appropriate to serve the community's needs and to comply with the standards the Board of Trustees had adopted in May, 1998. Tr. Zuckerman noted that he had a proposal to present to the Board. The Mayor and the Trustees discussed whether they would allow Tr. Zuckerman to introduce his proposal, finally deciding that they would listen to it. Tr. Strum noted that the Board should listen to Tr. Zuckerman's proposal, as long as it remained within the parameters of the public hearing. Tr. Degling believed that such a proposal was apart from the public hearing, and felt that the board should complete the public hearing. An unidentified member of the Public announced that it was completely inappropriate that the board should go into new resolutions, amendments, or substitutions during the course of the public hearing. The Mayor referred the matter to the Village Attorney, who stated that it was a procedural issue for the Board to decide. Tr. Zuckerman assured the Board that his comments would be short, and with the approval of the Board, Tr. Zuckerman made the following comments: Chief Barnes has previously made recommendations to enhance the Port Chester Fire Department which I believe could not be implemented because of a lack of funds. With the infusion of more than $650,000 from Rye Brook, funds will now be available for the Port Chester Fire Department to adopt most, if not all, of the recommendations made by Chief Barnes, without increasing the burden on Port Chester tax payers. This leads to the opportunity for a win-win arrangement between Port Chester and Rye Brook. Career Fire Fighters -- Chief Barnes has stated that the Port Chester Fire Department needs to hire 3 - 4 additional career firefighters, but may not be able to do so because of budget constraints. I propose that 12 additional career firefighters be hired so that the Port Chester Fire Department total career force is increased from 12 to 24 firefighters, with the cost of the new firefighters paid out of funds that Rye Brook will contribute. Port Chester Fire Department's career manpower will be increased by 100% but its cost for salaries will not increase. Both communities will benefit because there will be more career firefighters. Training -- Chief Barnes has stated that the Port Chester Fire Dept. needs a new training program for officers in the department and a mandatory training program for all career and volunteer firefighters. I propose that this training be implemented immediately with the cost paid out of the funds that Rye Brook will contribute. This will ensure that all fire fighters receive state of the art training at no additional cost to Port Chester. -4- September 1.5, 1998 Emergency Medical Response -- Chief Barnes has stated that the Port Chester Fire ( Department should use a career engine company with EMT-D trained personnel to respond to advanced life support emergencies. I propose that this be implemented immediately, with the cost paid out of the funds that Rye Brook will contribute. Both communities will benefit in the case of medical emergencies, at no additional cost to Port Chester. Hazardous Materials -- Chief Barnes has stated that the Port Chester Fire Department needs additional training and equipment to handle potential emergencies involving hazardous materials. Again I propose that this be implemented immediately, with the cost paid out of the funds that Rye Brook will contribute. Both communities will benefit in the case of hazardous materials emergencies, at no additional cost to Port Chester. Fire Administrator -- Chief Barnes recommended that there should be a Fire Administrator to assure compliance with all regulatory requirements and accountability. Again I propose that this be implemented immediately with the cost paid out of the funds that Rye Brook will contribute. Both communities will benefit, at no additional cost to Port Chester. If additional funds are needed in order to implement all of the recommendations made by Chief Barnes and to guarantee the response sought in Rye Brook's standards, Rye Brook's contribution could be set at a level in excess of$650,000. The present proposal calls for Rye Brook to pay a total of about $850,000 in fire protection. Also, pursuant to General Municipal Law Section 209-d, I propose that 35% of Rye Brook's contribution be paid directly to the Port Chester Fire Department. This will ensure that these funds are used for the benefit of the Fire Department, and not for any other purpose. With the adoption of the above program, the Port Chester Fire Department could easily execute and administer its own suggested operating guidelines promulgated by Chief Barnes, as well as most of the fire protection standards adopted by this Board unanimously last May. I urge Chief Barnes, the Port Chester Board and my colleagues on the Rye Brook Board to adopt this win-win proposal with all speed. Let's seize the moment. The current proposed contract is a sham. Let's write a real contract-- one that truly benefits everyone both in Port Chester and in Rye Brook. Tr. Strum asked Chief Barnes if the Port Chester Fire Department could provide fire services to both Villages, and Chief Barnes responded that it could. Tr. Degling was interested in Tr. Zuckerman's comments, and suggested that they could be the groundwork for a longer term contract, but that the current proposal should be approved at this time. Steve Epstein, Esq. of 233 Country Ridge Drive stated his belief in the merit of Tr. Zuckerman's proposal, but urged the Board to move forward to adopt the interim contract and dedicate ourselves to working out the better contract over the long term, so that we get the protection that we need. He also urged the Boards to work together to reach standards that would benefit and protect both communities. -5- September 15, 1998 Bill Aughavin asked whether the Chief of Port Chester Fire Department needs Rye Brook to spend $200,000 - $300,000 for a 9-5 fire Department to work with his. He also asked why the Board had made few, if any, changes in the contract, if so many people had objected to the contract. He urged the Board to address the concerns stated and to include them in writing in the contract. Mr. Peter Pitocco of North Ridge Street, Rye Brook, addressed the Board and stated his qualifications to comment on the fire department. He noted that there is no barrier preventing Rye Brook from receiving Mutual Aid. Mr. Pitocco also made a point strongly on the issue of having two men in and two men out at each fire for the protection of the men. On the issue of manpower, he claimed that a past Fire Chief in Purchase stated that he could call Port Chester for Mutual Aid and that they could stomp the fire out (since they had so many men). He reviewed the issues raised and stated that Port Chester has enough resources to serve both communities. He reminded the Board that the Department had done so for 170 years and no community in Westchester County fields its own HAZMAT unit. He noted that because of the resources needed, the equipment needed and the funds needed, individual departments were prohibited from doing IIAZMAT response individually. He felt that Tr. Zuckerman's suggestions were excellent suggestions, but for a long term agreement. Mr. Bill Irwin of 3 Phyllis Place raised another issue with the Board. He noted that the Port Chester Volunteer firefighters all have pagers, and had beaten their apparatus to fire scenes. He had heard Rural Metro's fire bells go off and has beaten them to fires as well. His concern focused around the fact that volunteers might not be in the area for a fire call and could leave Rye Brook's fire protection exposed. Andy Wets of Hillspoint Lane, Rye Brook, noted that Tr. Zuckerman still did not like the contract. He noted that changes had been made to the contract, that it was not perfect, but that they did not have the time or the negotiating leverage to resolve these points the way we would all like them resolved. Mr. Wets believed we have a win-win proposal on the table, and also felt that the contract acknowledges the issues not addressed in a short term agreement, and created a frame work for coming up with a permanent solution that's mutually acceptable to the highest standards. He felt it was an appropriate time for the two villages to work together and then work over the next three years to develop a permanent solution that is acceptable to everyone. He urged the Board to approve the contract and start working on a long-term one. Tr. Zuckerman raised the point about the contract being an interim agreement, and he raised his fears that by executing the interim agreement Rye Brook would lose all leverage to go forward to achieve a long term agreement that is favorable or fair to Rye Brook; Rye Brook would lose the leverage to require performance standards to remain in the agreement. Tr. Zuckerman felt that if the agreement was not good enough to be permanent, it was not good enough to be temporary, because the temporary agreement would become the basis for a permanent one. He concluded his comments in opposition to it. Mr. Wets noted that the Trustees could accomplish these things over the long term with Port Chester. On the motion of Trustee Degling and seconded by Trustee Strum the Public Hearing was closed. Trustee Degling Voting Aye Trustee Pellino Voting Aye -6- September 15, 1998 Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye RESOLUTIONS: 2. CONSIDERING RESOLUTION OF APPROVAL- LOCAL LAW INTRO 5-1998 AMENDING THE VILLAGE CODE IN RELATION TO THE RYE BROOK FIRE DEPARTMENT. Village Administrator Christopher J. Russo, read the resolution. Tr. Zuckerman noted that he would not be able to vote to approve the resolution, since portions he supported and portions he objected to -- he was not opposed to eliminating the former Section 30 but he opposed the change in the Section 31-3 -- were inseparable, based on the opinion of Village Attorney Powell. On the motion of Trustee Pellino, Seconded by Trustee Degling the following resolution was adopted. RESOLUTION ADOPTING LOCAL LAW INTRO 5-1998 RYE BROOK FIRE DEPARTMENT RESOLVED, that the accompanying negative declaration under SEQR is adopted; and it is further RESOLVED, that Local Law Intro 5-1998 is enacted into law. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Nay Mayor Filipowski Voting Aye The following is the text of the Local Law adopted by the Board of Trustees: A LOCAL LAW amending the Code of the Village of Rye Brook regarding the Rye Brook Fire Department including the charge of apparatus therein. BE IT ENACTED by the Board of Trustees of the Village of Rye Brook as follows: Section 1. Chapter 31 of the Code of the Village of Rye Brook is amended to read as follows: Chapter 31 7 September 15, 1998 FIRE DEPARTMENT §31-1. Rye Brook Fire Department established. §31-2. Firefighting operations and services. §31-3. Charge of apparatus. §31-4. Fire protection contract. §31-5. Severability. §31-1. Rye Brook Fire Department established. The Rye Brook Fire Department is established to serve the fire protection and related needs of the Village of Rye Brook. §31-2. Firefighting operations and services. Pursuant to Municipal Home Rule Law § 10(1)(ii)e(3), § 10-1000 of the Village Law (as amended by Chapter 307 of the Laws of 1980) is amended in its application to the Village of Rye Brook to add a Subdivision 12 to the powers enumerated in that section, to read as follows: 12. May in the operations of the Rye Brook Fire Department include, singly or in combination, paid and volunteer firefighters together with firefighting and related services from public and/or private sources acquired by contract, including but not limited to a private, for-profit corporation. § 31-3. Charge of apparatus. Except as otherwise provided in any fire protection agreement, if [IfJ there are paid firefighters, they shall have charge of all apparatus and other equipment, and any voluntary department shall act under the orders of such paid firefighters. § 31-4. Fire protection contract. Pursuant to Municipal Home Rule Law § 10(1)(ii)e(3), Village Law § 4-412(3)(9)a (as added by Chapter 976 of the Laws of 1973) is amended in its application to the Village of Rye Brook to include a private, for-profit corporation as an entity with which the Board of Trustees may contract for the provision of fire protection and related services, so that Village Law § 4-412(3)(9)a shall read as follows: (9) Fire protection and ambulance service. -8- September 15, 1998 a. May contract for the furnishing of fire protection within the village with the fire department in the village or with any city, village, fire district, private for-profit corporation or incorporated fire company having its headquarters outside such village and maintaining adequate and suitable apparatus and appliances for the furnishing of fire protection in such village. The contract also may provide for the furnishing of emergency service in case of accidents, calamities or other emergencies in connection with which the services of firemen would be required, as well as in case of alarms of fire. The contract also may provide for the furnishing of general ambulance service subject, however, to the provisions of section two hundred nine-b of the general municipal law. In the event that the fire department or fire company furnishing fire protection within the village pursuant to contract does not maintain and operate an ambulance, then a separate contract may be made for the furnishing within the village of emergency ambulance service or general ambulance service, or both, with any city, village or fire district the fire department of which, or with an incorporated fire company having its headquarters outside the village which, maintains and operates an ambulance subject, however, in the case of general ambulance service, to the provisions of section two hundred nine-b of the general municipal law. §31-5. Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this chapter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part or parts. Nothing in this Chapter shall [be deemed to affect, impair or repeal the provisions of Local Law 4-1995 or to] constitute a limitation on any other power or authority of the Village to enter into a fire protection contract. § 2. Chapter 30 of the Code of the Village of Rye Brook is REPEALED. § 3. This local law shall take effect immediately upon filing in the office of the Secretary of State. 3. CONSIDERING RESOLUTION O F APPROVAL-FIRE PROTECTION CONTRACT WITH THE VRLAGE OF PORT CHESTER. Village Administrator Christopher J. Russo read the resolution. He noted the amount Rye Brook would pay during the first year of the contract would be $438,583.52 for the period of October 1, 1998 through May 31, 1999. Mayor Filipowski invited comments from the Board. Tr. Zuckerman proposed that the Board make three amendments. 1) He moves that the resolution be amended in the payment section so that 35% of the Rye Brook payment be directed to the Port Chester Fire Department pursuant to Section 209 of the General Municipal Law. There was no second to his motion. 2)His second motion was to amend the resolution so that the standards adopted on May 12, 1998 be made part of the contract with the exception of the standards related to the communication and -9- September 15, 1998 dispatch center in the volunteer companies under the control of career officers. There was no second to his motion. 3) His third motion was since this contract abolishes in part the Rye Brook Fire Department to subject this contract to permissive referendum. Mayor Filipowski asked Tr. Zuckerman in what manner were the Trustees abolishing the Rye Brook Fire Department, Tr. Zuckerman stated as a practical measure they were doing so in part. Tr. Zuckerman further stated under current case law you don't need to say that you are abolishing either Police or Fire Department when in fact you accomplish that purpose. He noted that Village Attorney Ken Powell had sent the Trustees a case several months ago regarding the abolition of a Police Department wherein a neighboring community had contracted for Police services, in the contract with that community the word abolish was not mentioned. Mayor Filipowski advised Trustee Zuckerman that there was no second to his motion. Discussion continued on the alternatives of a municipal Department or a contractual arrangement with another municipality. Tr. Pellino reminded the Board about authorizing the Village Administrator and the Village Attorney to perform the procedures necessary and appropriate to form a municipal department, while at the same time the Board had established a negotiating committee to initiate discussions with Port Chester. Tr. Pellino noted how the Board had resolved to establish a combination department, combining a contract with Port Chester augmented by partial staffing by Rye Brook. Tr. Pellino noted that there had been a crisis of trust over past dealings with the Board of the Village of Port Chester, but that he had. found a willingness to listen on Port Chester's part that was not there three and a half years ago. Tr. Pellino noted that this would be an interim agreement, and had been written with that intent, but that Rye Brook was preserving its options should the 12-month time-frame expire with no permanent agreement in place. Then Rye Brook would have a core of men upon which to build a fully paid municipal department. Trustee Pellino continued on about provisions included within the contract, and noted that Rye Brook was aware that the funds paid would go into the general fund in Port Chester. He noted that future possibilities could provide for the creation of a fire district in which Rye Brook would have equal representation. The staffing of a Rye Brook Firehouse by Port Chester Volunteer Fire Fighters or a combination of paid and volunteer is important to keep in mind as well, to ensure that future development in the Northern portion of our Village is adequately protected. Tr. Pellino noted also that the Board was making provisions in the contract for improvements to the fire protection services, which would benefit the Village of Port Chester as well as the Village of Rye Brook, as Chief Barnes had noted in the past. Another important element included the retention of 4 additional paid fireman from 9 a.m. to 5 p.m., who would also provide EMS services to Rye Brook during those hours. Trustee Pellino concluded that the Board had their work set out for them over the next 12 months. Tr. Strum agreed with Tr. Pellino, and noted that he had also served on the negotiating committee. He noted that attention should be paid to the fact that in the contract with Rural/Metro there was a procedure for action upon default, which had to be initiated within a certain number of days after the default. He noted the default process that had been followed with Rural/Metro, and how they had been given the opportunity to correct their deficiencies, at the end of which Rye Brook would have to find a new provider for fire protection services -- in a relatively short time. He noted that other communities which had been approached had rejected joining Rye Brook simply because of the time frame involved. He felt that it left the remaining option of contracting with Port Chester for fire protection as the only -10- September 15, 1998 viable, cost effective option. He voted in 1995 to contract with Rural/Metro for fire protection services, and he felt it was the right decision then, but a contract with Port Chester is the right decision now. Trustee Degling commented that little remains to be said about the proposed contract. He felt sure that Rye Brook would receive good service from Port Chester, and felt confident that the two Villages could work together towards a long-term fire protection agreement. He concluded with a quote from Benjamin Franklin, saying, "We must all hang together, or assuredly we shall all hang separately." Trustee Zuckerman noted that he opposed this contract, and that Rye Brook had to work at this time to establish a long-term contract. He noted that the document was not ours and stated that no fault should be laid upon the Rye Brook Village Attorney if anything should happen that was not covered by the contract. He concluded his comments and wished the best to Chiefs Barnes and Szczerba. On the motion of Trustee Strum, seconded by Trustee Degling the following resolution was adopted. RESOLUTION FIRE PROTECTION AGREEMENT WITH THE VILLAGE OF PORT CHESTER WHEREAS, the fire protection agreement between the Village of Rye Brook and Rural/Metro Fire Department Inc. will expire on September 30, 1998 requiring alternate arrangements to be made for fire protection in the Village; and WHEREAS, on April 28, 1998, the Village Board adopted a Resolution establishing a Committee to negotiate with the Village of Port Chester with regard to a fire protection agreement; and WHEREAS, the parties have negotiated a fire protection agreement to commence on October 1, 1998 under which the Port Chester Fire Department would provide fire protection services in cooperation with personnel and apparatus of the Rye Brook.Fire Department maintained by Rye Brook; and WHEREAS, the Port Chester Fire Department maintains adequate and suitable apparatus and appliances, and a public hearing has been held on the proposed agreement after due notice. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into a fire protection contract with the Village of Port Chester for the period of October 1, 1998 to May 31, 2001, under which Rye Brook will pay $438,583.52 until May 31, 1999 (which is $657,875.29 pro rated for an 8 month period) with the 2 additional year's contract price to be $657,875.29 as annually adjusted by the CPI-U index, and which contract may be extended at Rye Brook's option for an additional year until May 31, 2002; and it is further RESOLVED, that the Mayor is authorized and directed to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. -11- September 15, 1998 Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Nay Mayor Filipowski Voting Aye 4. CONSIDERING APPOINTMENT OF COMMITTEE MEMBERS TO DETERMINE THE COST OF ACQUISITION OF THE BLIND BROOK CLUB. The Village Administrator read the resolution, and Tr. Degling noted that he had received the qualifications for the members of the Committee. On the motion of Trustee Pellino, seconded by Trustee Zuckerman the following resolution was adopted. RESOLUTION APPOINTING COMMITTEE TO DETERMINE COST OF ACQUISITION OF THE BLIND BROOK COUNTRY CLUB WHEREAS, the Board of Trustees of the Village of Rye Brook has previously adopted a resolution on August 18, 1998, to establish a committee to determine the cost of acquisition of the Blind Brook Club for recreational purposes. NOW, THEREFORE, BE IT RESOLVED, that Mitchell Markowitz of 26 Mohegan Lane, David Hartman of 25 Argyle Road, David Wess of 35 Meadowlark Road, Daniel Paniccia of 14 Wilton Road, and James Winter of 14 Boxwood Place are hereby appointed members of the ad-hoe Committee to Determine Cost of Acquisition of the Blind Brook Country Club; and BE IT FURTHER RESOLVED, that Mitchell Markowitz is hereby appointed Chair of this committee; and BE IT FURTHER RESOLVED, that the Village Board requests a report by the committee on the subject on or before November 30, 1998. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye DISCUSSION: 5. CHANGE OF MEETING DATES FROM OCTOBER TO JANUARY DUE TO -12- September 15, 1998 HOLIDAY SCHEDULE. The Administrator read the resolution. On the motion of Trustee Strum, seconded by Trustee Pellino the Board adopted the following schedule of meeting dates for the remainder of the year and for the beginning of 1999. RESOLUTION MEETING SCHEDULE RYE BROOK BOARD OF TRUSTEES RESOLVED, that due to holidays and other scheduling conflicts, the Board of Trustees of the Village of Rye Brook hereby adopts the following schedule for meetings in upcoming months: October 6, 1998 October 20, 1998 November 3, 1998 November 17, 1998 December 1, 1998 December 15, 1998 January 5, 1999 January 26, 1999 Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye The Board had no further comments, and the Mayor invited comments from the floor. Peter Pitocco congratulated the Board, and noted Trustee Degling had made an appropriate quote of Ben Franklin, because Mr. Franklin was the organizer of the first Volunteer Fire Department. There was no further comment, and the Board agreed to adjourn into Executive Session at 9 p.m., with Trustee Zuckerman objecting. Respectfully submitted, Christopher J. Russo Village Administrator/Clerk -13-