Loading...
HomeMy WebLinkAbout1998-09-08 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING ANTHONY L POSILLIPO CENTER, 32 GARIBALDI PLACE TUESDAY, SEPTEMBER 8, 1998-7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARINGS: 1. PROPOSED LOCAL LAW AMENDING THE VILLAGE CODE IN RELATION TO THE RYE BROOK FIRE DEPARTMENT. 2. PROPOSED FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER RESOLUTIONS: 3. CONSIDERING APPROVAL OF THE SITE PLAN AMENDMENT APPLICATION BY ACKERMAN-TOLCHIN MOVIE THEATER* SOUTH RIDGE STREET. 4. RESOLUTION OF APPROVAL - LOCAL LAW AMENDING THE VILLAGE CODE IN RELATION TO THE RYE BROOK FIRE DEPARTMENT. 5. RESOLUTION OF APPROVAL-FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER 6. AWARD CONTRACT#9806 FOR A 2WD POLICE DEPARTMENT TAHOE. 7. APPOINTMENT OF COMMITTEE MEMBERS TO DETERMINE THE COST OF ACQUISITION OF THE BLIND BROOK CLUB. 8. CHECK REGISTERS (INCLUDING FRIENDS OF RYE BROOK, INC. September 8, 1998 PAGE -2- MINUTES: 9. FEBRUARY 24, 1998 BOARD MEETING DISCUSSION: 10. STATUS OF DAMAGED HOUSE AT 26 ROCKINGHORSE _ TRAIL COMMUNICATIONS: 11. LETTER FROM MCCULLOUGH, GOLDBERGER& STAUDT REGARDING THE STATUS OF THE SUMMERFIELD SUITES HOTELS APPLICATION NEXT TRUSTEES MEETINGS: SEPTEMBER 22, 1998 OCTOBER 13 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. FINAL MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES ANTHONY J. POSILLIPO CENTER, 32 GARIBALDI PLACE RYE BROOK, NEW YORK 10573 SEPTEMBER 8, 1998 7:30 P.M. CONVENE MEETING The meeting was called to order at 7:30 p.m. by Mayor Filipowski 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 Police Chief, Robert J. Santoro Fire Chief, Martin Drexelius Village Treasurer, Joseph Cortese Superintendent of Parks &Recreation, Thomas Hroncich Secretary to the Village Administrator, Janet Skrobola Also attending were: Port Chester Fire Chief William Barnes Port Chester First Assistant Fire Chief George Szczerba Rye Brook Fire Consultant, Former White Plains Fire Chief John Cullen PUBLIC HEARINGS: 1. PROPOSED LOCAL LAW AMENDING THE VILLAGE CODE IN RELATION TO THE RYE BROOK FIRE DEPARTMENT. Village Administrator Christopher Russo read a summary of the local law in relation to the Rye Brook Fire Department. Mayor Filipowski asked the Board members for any comments. Trustee Zuckerman asked Village Attorney Kenneth Powell if any provisions in the New York State Village Law allowed for Rye Brook-owned apparatus to be utilized by a volunteer department. Mr. Powell replied that the Board could determine that paid firemen have charge of all apparatus and equipment; he noted that it is up to the Board's discretion to establish such a policy. Mr. Powell reminded the Board that several years ago they had incorporated similar provisions into the Village Code. He suggested that the law is sufficient in its current form. September 8, 1998 Trustee Degling commented that the law also repeals and replaces Article 30 of the Code. Mayor Filipowski opened the floor to comment from the public. Mr. Robert Schwartz, of Avon Circle asked for an explanation of the changes. Mayor Filipowski responded that Rye Brook needed to amend the law to provide for Rye Brook Firefighters to come under the jurisdiction of the Port Chester volunteers, in order to cover any such provisions in a fire protection agreement with the Village of Port Chester. The Mayor explained that there are two aspects of the Public Hearing-- one regarding the local law and one regarding the proposed fire service agreement. Peter Raider of Valley Terrace stated the Board should change the law after the contract is approved. Mayor Filipowski stated the law must be discussed first. Brian Sury of 9 Sunset Road, Rye Brook, addressed some issues that had been in the news. He felt the proposed contract was decent but asked, "at what cost (is the agreement being reached)?" Mr. Sury felt that the Village should have a committee of residents analyze the issues. On the motion of Trustee Degling, seconded by Trustee Pellino, the public hearing was closed at 7:48 p.m. on the proposed local law to amend the Village Code relative to the Fire Department. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting No Mayor Filipowski Voting Aye 2. PROPOSED FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER. Administrator Russo summarized the background and process followed to reach this point. He asked Village Attorney Kenneth Powell to summarize the contract terms. Mr. Powell summarized the proposed fire contract between Rye Brook and Port Chester, Mr. Powell noted that it provides for Port Chester to make available and provide all necessary and appropriate fire apparatus and personnel, and he continued to read the contract clause by clause. He stated the proposed contract would begin on October 1 and the Rural/Metro contract would expire on September 30, 1998. The contract with Port Chester schedules payments for October 31, January 31 and May 31. Mayor Filipowski opened the floor for discussion among the Trustees. Trustee Zuckerman had questions regarding a number of provisions of the contract. Regarding Paragraph 4 on payment provisions, Tr. Zuckerman noted that the payment amount is fixed in the first year, but is based on Cost Of Living/CPI increases in later years. He thought that state law required fixed, definite amounts be specified in a contract. Mr. Powell responded that it is permissible to be written in the manner set forth in the contract. Tr. Zuckerman asked if there was any provision under the contract requiring fiscal accountability and assurances that it will be used for fire and fire related purposes. Mayor Filipowski noted that Tr. Zuckerman should know -2- September 8, 1998 that the contract does not include such provisions. Tr. Zuckerman responded he was aware of that, and was making a point. Tr. Zuckerman inquired as to whether the contract included a minimum response time for the Port Chester Fire Department. Administrator Russo explained some contract provisions and noted that Chief Barnes had issued a memo backing them up as improvements that should be made within the Port Chester Fire Department. Trustee Strum stated he would expect that the normal amount of men and equipment would be provided, in line with the Chief's memorandum. Trustee Zuckerman responded by asking rhetorically, "What is the normal amount of men -- what is required? Will there be a ladder truck and two men? Or ten men?" Trustee Zuckerman asked the Village Attorney if paragraph five of the contract meant that men from the Rye Brook Fire Department would be under the control and direction of the Port Chester Fire Department. He asked how the Rye Brook men would be deployed, and whether the Rye Brook Firemen would respond to fires other than in Rye Brook. Village Attorney Powell responded that he did not have any information regarding how the men would be deployed. Tr. Zuckerman rephrased his question and asked if the contract provided for the Port Chester Fire Chief to be able to determine how to deploy the men. Mr. Powell responded, "Yes." Tr. Zuckerman stated he just wanted to make the point that he felt the contract provisions were not clear. Tr. Zuckerman continued with questions regarding the fire house and the references to staffing it. in paragraph 11. Tr. Zuckerman noted that paragraph I 1 stated that the fire house would be staffed by existing volunteers and existing career fire fighters, but was concerned that no staffing levels were established in the contract. He asked who would staff it, how many men and what equipment, and answered that the contract sets forth no requirements on these matters. Tr. Zuckerman suggested that a change be made to paragraph 14 to set "minimum limits" instead of just "limits." He stated that paragraph 15 on the 2% fire insurance money provided by the State should be examined to answer questions regarding equity, since Rye Brook is giving seven eighths of it to Port Chester and keeping only one eighth. Mayor Filipowski noted that if there are any issues of equity, they might include the issue that Port Chester's Fire Department has 175 firefighters and Rye Brook's Fire Department has only 4 firefighters. Trustee Zuckerman asked for an explanation of paragraph 17 from Village Attorney Powell. He asked if the force majeure provisions—including acts of God like a hurricane— could be the kind of event in which the Port Chester Fire Department could not respond to a call; in the event of such a major emergency, he asked, what force exists to require that Port Chester respond in Rye Brook? Tr. Zuckerman concluded his comments regarding the fire companies, and requested that there be official certification of the vote of each fire company and that it be spelled out in the contract whether the companies would be forced to respond, or whether only the companies which voted in favor of the contract would respond. Trustee Strum had a question regarding force majeure and asked if Port Chester fails to respond for reasons other than an Act of God, would that be a breach of contract? Mr. Powell responded that it would be a breach. Trustee Pellino asked Mr. Powell to explain the Village's recourse if the contract was breached, and Mr. Powell responded that the Village's recourse was spelled out under the law. -3- September 8, 1998 Trustee Degling had a question on paragraph 6 regarding personnel and equipment issues. He stated that he was content to rely on 170 years of expertise which has served us well in the past. Rye Brook should show a degree of good faith for the parties involved, and give Port Chester the chance to come back to Rye Brook and do the good job they had done in the past. Trustee Degling mentioned that this version of the contract could be a handshake -- it would not be the final contract, but would be the starting point for a long-term, more permanent contract between the two villages. Trustee Zuckerman responded that there has been too much water under the bridge between the two Villages for a handshake contract. He noted that the problem with not having a proper contract at this time is that it will lead to problems later. Trustee Zuckerman stated that the contract with Rural/Metro was terminated because they did not live up to the requirements of their contract, and that we need to spell out the levels of men, equipment, response times, training, etc., now in order to establish a good contract later. Trustee Zuckerman stated that his objections with the proposed contract with Port Chester have nothing to do with Port Chester, but have to do with the basic fact that it is a contract between two parties. Trustee Pellino commented on the issue of response times and procedures and made a point of the fact that Village Administrator Russo had distributed memos on policies and procedures which had been issued by the Port Chester Fire Chief. Trustee Pellino commented that he would like to include the issues spelled out in the memos as an appendix to the contract. There was no further comment from the Trustees, and Mayor Filipowski opened the floor to comments from the public. The Mayor and the Administrator at this time noted that there was interference over the Public Address System and the Administrator explained that the interference was from CB Radio transmissions which were being picked up by the system. Peter Raider of Valley Terrace had requested and was allowed additional time to speak. Mr. Raider commented on a memo dated August 24, 1998 from the Village of Port Chester, which stated that it was difficult to determine the levels of manpower and equipment that would respond to a fire in Rye Brook. He stated that the proposed contract between the two villages for fire service would establish only a"9 - 5" fire department in Rye Brook. Mr. Raider had prepared a 1-page proposal he distributed to the Mayor and the Trustees for a fully staffed fire department of 22 - 25 firefighters. Mr. Raider stated that Rye Brook needs its own fire department, and based on his extensive research and outreach to the State Department of Labor and Firefighting organizations throughout the state, his proposal would cost roughly $862,000 per year, and Rye Brook could have a fully staffed fire department of 3 officers and 18 full time firefighters. Mr. Raider explained that he had based his numbers and estimates on the Village's gross assessed property value. By his estimation, Rye Brook could have its own fire department for roughly a dollar a day. He stated that he held no animosity for the Port Chester Fire Department but that Rye Brook should have its own fire department, or be part of a Fire District which could encompass Port Chester, Rye Brook, Rye City and Rye Neck, Mr. Raider opined that the levels and speed of response could not be guaranteed with a Volunteer Fire Department, but that it would be more assured with a paid professional Fire Department. He urged the Board to consider his proposal. Trustee Strum asked, "How long a work week firefighters would have to work under this proposal?" Mr. Raider responded that the men would have to work a 48 hour work week, including a"Kelly Day" and time off for vacation. Trustee Degling commented that Mr. Raider's proposal for a $26,000 salary for the firefighters might work in the beginning of the department but that the firefighters might not work for those wages after five years. Mr. Raider -4- September 8, 1998 responded that the Village is experiencing tremendous growth and development and that the new expenses would be paid for by the additional revenues. After some further discussion, Mr. Raider finished his comments. Bert Slonim, a resident of the Arbors, was the next speaker to address the proposed contract. He noted that the Board of Trustees had adopted Fire Department Goals and Standards four months ago on May 12, 1998. He noted that the Goals and Standards made no assumption of whether Rye Brook would have a public or private fire provider, but set forth minimum requirements in plain language regarding men, equipment, dispatch and response times, training, and command and control requirements (i.e. volunteers directed by career firefighters). The Board had adopted the Goals and Standards as a starting point for a fire department, and Mr. Slonim asserted that based on the Goals and Standards adopted by the Board, the current proposed contract makes no provision requiring any performance levels. He discussed a number of hypothetical situations under which Rye Brook would have no recourse for Port Chester's not responding adequately to a fire call. He felt that the contract violated the General Municipal Law requirement that definite sums be stated in a contract, and in a matter that addresses life and death issues, the proposed contract is vague and ambiguous. Mr. Slonim concluded his comments and suggested that Chief Barnes's memo on policies and procedures be attached as an appendix to the contract. Mr. Richard Hubert of Doral Greens Drive spoke next, and noted that he had led a documentary team in the 1970's which investigated New York State's Fire Departments. His team chose the Colonic Volunteer Fire Department outside of Albany, New York, and concluded, based on the membership of this volunteer department which appeared drunk on camera in uniform, that a volunteer department is one of the poorest examples of a fire department. He continued that he was appalled that the firefighters were willing to discuss their biases on whose home they would or would not save in event of a fire. In contrast, his team had received letters from Arizona commenting on the excellence of a private fire company called Rural/Metro, based out of Scottsdale, Arizona. Mr. Hubert suggested that Westchester County should set up a Regional Fire Department system in the County, and that he was appalled at the ability of the network of volunteer firefighters to instill such opposition to Rural/Metro. He also was shocked that the volunteers in Port Chester refused to respond to a call for mutual aid in Rye Brook which resulted in a home being burned down on Rockinghorse Trail. He concluded his comments suggesting that the Board should establish a paid, professional fire department in Rye Brook. Mr. Jeff DeLisle spoke next on behalf of the International Association of Fire Fighters (IAFF) based in Washington, D.C. He gave his credentials as having worked in the firefighting business for roughly 25 years, including over twenty years in municipal fire service and a few years after that teaching at the National Fire Academy. Mr. DeLisle addressed the issue of Municipal Fire Service in Rye Brook, and commented that Rye Brook is not a rural area, but a dynamic, upscale, growing suburb of mixed uses. He discussed the fire and safety needs of a village the size of Rye Brook and explained that Rye Brook should have its own fire department of adequate men and equipment to respond to and attack a fire within 8 minutes, or face the risk of losing the home or the building to flash over, and destruction and consumption by fire. Mr. DeLisle discussed the issues of command and control, reliance on volunteers, the firefighters' code of conduct, fire department resources and other issues. He mentioned that Rye Brook should also consider including first responder emergency medical service in its fire contract. He noted that there is a national trend showing a drop in voluntarism and he asked the board to consider whether Rye -5- September 8, 1998 Brook is making an appropriate allocation of resources and urged the Board to plan ahead for the long term future of emergency services in the Village. In conclusion, Mr. DeLisle stated that Rye Brook should have a paid, professional fire department as the best emergency service protection. I Trustee Strum asked Mr. DeLisle about his affiliation and he explained that he represents the IAFF, a national fire union association. Tr. Strum asked Mr. DeLisle whether a 48 hour work week would be compatible with the work week of local fire departments, or whether the IAFF would oppose a 48 hour work week. Mr. DeLisle responded that the length of the work week would be one of the things negotiated in the collective bargaining process and would not comment on whether or not a 48 hour work week would be acceptable in Westchester. Peter Pitocco, a Rye Brook resident, was the next speaker, and he had requested additional time to speak. Mr. Pitocco gave his credentials as a volunteer with the Port Chester Fire Department for 33 years and a Safety Professional for a Fortune 10 company in Westchester County. Mr. Pitocco discussed manpower and other expectations of an emergency service contract. He discussed Rye Brook's fire exposures, explaining that the Village is primarily single family homes, the lowest grade of exposure. He noted that everyone had stated that Rye Brook needs 12 firefighters on an initial fire response. Mr. Pitocco stated that the Port Chester Fire Department has proven that it has this manpower many times over. He analyzed Mr. Raider's figures, and stated that it would cost Rye Brook $1 million in the first year alone to field a fire department of one chief and 18 men. He explained that if Rye Brook wants a fire department with 12 men on duty, including coverage for vacation time, sick time, injury time and personal time, Rye Brook would have to field a department of 60 men, which would cost $2.2 million in the 1"year and $3.1. million by the 5'year, based on comparable staffing and salaries for the Village of Scarsdale. Mr. Pitocco concluded that the Port Chester Fire Department has proven itself to Rye Brook many times over in the past, and he claimed that it could serve Rye Brook well again. Trustee Strum asked Mr. Pitocco if his research into the Scarsdale Fire Department had gone as far as the length of the work week, and Mr. Pitocco responded that it was a normal work week, in the range of approximately 40 to 48 hours. Ken Heller, a long-term resident of Lincoln Avenue, spoke briefly on the Port Chester Fire Department and noted that the Port Chester Fire Department was willing to risk life and limb in Rye Brook in the past, and that Rye Brook should trust them to be able to do it again. Jonathan Fisher of Woodland Drive spoke next. He noted that the main issue of concern is not whether the contract is with the Port Chester Fire Department but whether there are minimum requirements included in the contract. He agreed that the Port Chester Fire Department does their all, but stated that the residents are concerned about lives and property and he urged the Board to include some minimum guarantees in the contract. Mr. Anthony Pagano of the Yonkers Firefighters Association spoke next. He claimed that Rye Brook's residents are being misled -- fire protection is not about dollars and cents, but is about lives and property. Mr. Pagano claimed that in Yonkers the firefighters don't answer to a Board, they answer to the people. He spoke of the dedication and commitment of the professional firefighters and urged the Board to make sure that Rye Brook retains control over its own fire department. -6- September 8, 1998 Mr. Paul Cregan, a resident of Rye Brook and a volunteer firefighter, spoke next. He was pleased that the parties involved from the Port Chester side and the Rye Brook side were willing to sit down at the negotiating table and work out a deal that can be the basis for a long term fire protection services agreement between the Villages. Mr. Cregan stated that the Port Chester Fire Department is willing to wort,out and abide by an agreement with Rye Brook because A) It is the right thing for Port Chester to do, to go back into an agreement for fire protection with Rye Brook and B) Mayor Filipowski has shown that he is reasonable and can work cooperatively toward an agreement that is acceptable to both parties. Mr. Cregan believed that the average resident was not represented at the Public Hearing, but opined that Rye Brook's residents he had spoken to do not want to hear anything further about the Fire Department in the press anymore. He concluded his remarks and urged the Board to approve the agreement. Dr. Ralph Krainin a long-term resident of Dorchester Drive, Rye Brook, stated that he had raised his family in the Village. He stated that now the fire department is going back to the way it should be. Dr. Krainin stated that Rural/Metro was a failure, pure and simple. He commented that Trustee Zuckerman's comments in the press, while intended as criticism of Mayor Filipowski for entering into the contract simply to fulfill a campaign promise, were actually praising Mayor Filipowski because few political leaders fulfill their campaign promises. Mr. Howard Lim of 83 Valley Terrace, Rye Brook, spoke as a practicing attorney, and stated that the proposed agreement is an astonishingly bad piece of work. Mr. Nick Esposito, a resident of Shelton, Connecticut and a long-term firefighter in Rye Brook employed by Rural/Metro, spoke about the process. Mr. Esposito discussed the contract, and pointed out that Rural/1V4etro's employees have served Rye Brook's citizens -- not a corporate board in Arizona. He urged the Trustees to do the right thing and set up the best agreement to protect the lives and property of Rye Brook's residents. Mr. Marty Myers of Meadowlark Road, Rye Brook, noted that he has been a resident of the Rye Brook and Port Chester community for over 20 years. He stated that the disputes should not be made into personal attacks, and urged everyone present to stick to the facts and the issues. Mr. Lawrence Engle, a resident of Rye Brook, discussed the contract and described it as bare and lacking meaning. Mr. Engle urged the Board to include performance standards and requirements in the contract in order to properly protect the Village. He stated that while the Board had said the contract was, "good enough... Enough is not good enough. Enough is what I tell my children when I don't know what else to say to them." Mr. Engle addressed Mayor Filipowski, reminding him about his April, 1998 letter to Port Chester Mayor Korff requesting the inclusion of service standards in the contract. Mr. Engle noted that now there are none. Mr. Engle criticized the contract and urged the Mayor and the Board to put service standards in the contract to ensure proper fire protection for the Village of Rye Brook. Mr. Bob Elias spoke briefly, and urged the Board to work together, reconcile their differences and the differences with Port Chester, and come to mutual agreement on a decent contract, or in the alternative to set up a temporary contract in order to have time to set up a long-term, more detailed and extensive agreement. -7- September 8, 1998 Andy Wels, Esq. of Hillspoint Lane, Rye Brook, came forward with a few quick thoughts. "How did we get here?" Mr. Wels summed up the history of the fire departments, stated that Rye Brook broke the former contract with Port Chester, and described the contract with Rural/Metro as a failed experiment. He discussed the contract issues, both past and present, and stated that up to and during the hearing neither Trustee Zuckerman nor anyone else had articulated a well thought out alternative to the contract before the board this evening. He urged the Board not to be swayed by petty concerns, and to put aside their differences and work for the good of the people. Mr. Wels pointed out that all firefighters, paid or volunteer, are heroes. Describing the contract as a compromise, he urged the Board to approve it in the spirit of cooperation. An unidentified resident got up to speak and noted that the contract with Rural/Metro would expire in three weeks. He stated that Rye Brook would have no fire protection in 3 weeks without an agreement with Port Chester. He urged the Board to adopt the agreement and urged the Port Chester Fire Chiefs attending the meeting to speak on the issue as well to clear the air. Steven Epstein, Esq., of 233 Country Ridge Drive, introduced himself as a corporate attorney who works on large commercial agreements. He noted that he had not been involved in the process in the past, but that he had become involved when he had read the proposed agreement. He had heard wonderful things about the Port Chester Fire Department, but stated that the contract as it is written is woefully inadequate. Mr. Epstein stated that the contract with his landscaper is longer and more detailed -- at the request of his landscaper. He urged the Board to clarify the agreement and add standards to prevent future litigation. Mr. Randy Solomon of 65 Valley Terrace requested more than 3 minutes of time as a courtesy, since he was a former Rye Brook Trustee, and the Mayor acquiesced. Mr. Solomon discussed the proposals and issues aired during the evening. "Nothing would make me happier than for Rye Brook to work out a deal with Port Chester as equals." He noted that Mr. Raider's numbers are not far off for the expenses of a fire department, and a municipal fire department in Rye Brook could work. However, Mr. Solomon explained that Rye Brook has changed over the years and is changing with major development taking place at the former High Point Hospital property (Bellefair). He stated that the Board needs to decide once and for all on the fire department issue -- whether to go to a Rye Brook municipal Fire Department or a Rye Town Fire District covering all of Rye Town, in which we are equal participants. After discussing the matter further, Mr. Solomon concluded his comments and urged the Board to work together, use their heads and not vote on the proposed contract this evening. Mr. Dominick Servi of Dixon Street, Rye Brook, a volunteer fireman, asked to clarify one issue. He noted that the Port Chester Fire Department is 175 years old and he wanted to inform Mr. Anthony Pagano of the Yonkers Fire Fighters Association that the volunteer fire fighters are as dedicated and committed as the paid professional fire fighters. Mr. James Smith of 8 Wyman Street praised the Board for their fresh ideas and willingness to work together. On another note, he took personal offense to the earlier statements of Mr. Hubert about Westchester's fire fighters having a drinking problem. Mr. Joseph Bohan of 15 Maywood Avenue, Rye Brook, noted that while he had moved to Rye Brook he had remained a volunteer fire fighter in Larchmont because he did not want to work as -8- September 8, 1998 a reservist for Rural/Metro. He stated that if Port Chester and Rye Brook enter into an agreement, Port Chester would have to hire more professional fire fighters and that they should have EMT credentials. He asked the Board where they planned to put a firehouse, and Mayor Fifipowski responded that it would depend on the circumstances surrounding the department, such as whether Rye Brook was part of a contract with Port Chester or whether Rye Brook joined a District with Port Chester, but it would probably be in the north end of the Village with coverage in the south provided by Port Chester or a satellite firehouse. Mr. Bohan discussed the issues further, then concluded his comments, stating that the Board should not vote on the contract but should put the contract out to a public vote (referendum). Mr. George Datino, of 8 Bell Place, since he had arrived late, asked the Board to discuss the status of the contract and its details. Mr. Datino had some concerns about being part of a volunteer fire department, and noted that it is very difficult to give orders and have them followed by volunteers. Mayor Filipowski explained that the Board was working out a temporary agreement and would establish a longer term agreement after provisions had been made in the short term. The Mayor explained that such a longer term agreement would include performance goals and standards, as the Board had previously adopted in May, 1998. Trustee Strum asked the Village Attorney to explain a phrase in the contract regarding maintaining staffing levels "as far as practicable" and asked how that protected Rye Brook's concerns. Mr. Powell explained that if Port Chester saw it as necessary to reduce manpower levels, they would virtually have unilateral authority to do so, under the provisions of"as far as practicable." At this point the Mayor asked for a motion to close the Public Hearing. Trustee Strum moved that the public hearing be closed, but no one seconded the motion. Mr. Peter Raider asked to make further comment, which the Mayor allowed, and he stated that the Board was being ubiquitous and that they would place the fire house in a location that would serve their own interests and not those of the whole village; Trustee Strum objected to his statement. Mr. Henry Lowet of 6 Greenhouse Circle asked to speak. He explained that the poor quality of the contract should not be blamed on the Village Attorney or on the negotiating process, but on the short time frame Rye Brook faced. He commented on the risks of the proposal and the process, and compared the agreement with Port Chester to a marriage. He believed that Rye Brook and Port Chester could make it work, and he was convinced that the community at large supported Rye Brook's entering into a contract with Port Chester. Mr. Lowet urged the Board to vote on the contract this evening. Trustee Pellino asked to discuss further Chief Barnes's memo on men and equipment. He asked that the Rye Brook negotiating team look into appending the memo to the contract, and noted that the Board should keep the hearing open in case Port Chester allowed the memo to be appended to the contract. Mayor Filipowski responded that to delay a vote on the contract further could put Rye Brook in an intolerably risky position. Trustee Zuckerman asked for a status report from the Village Administrator on the Village's efforts to set up a municipal fire department, as the Board had directed by resolution earlier in the summer, and whether it was possible to extend the contract further with Rural/Metro. Administrator Russo explained that while the Village had been proceeding with establishing a municipal department, an opportunity had been missed for appointed fire fighters to participate in the fire training academy, and to pursue establishing a municipal fire department would require an extension with Rural/Metro. -9- September 8, 1998 Trustee Zuckerman asked if Rye Brook could get personnel to staff or cover the department from other municipalities, and Mr. Russo responded that he did not know. Trustee Zuckerman asked if Rye Brook had no alternative but to contract with Port Chester, and Mr. Russo responded that the alternative was that Rye Brook could extend the contract with Rural/Metro. Mayor Filipowski asked for a second to the motion to close the public hearing on the contract, and Trustee Degling seconded the motion. On the call for a vote, Trustee Degling voted Aye, but Trustee Pellino again questioned whether the Board would consider holding open the public hearing in the event that.Port Chester agreed to amend the contract. The Village Attorney was consulted and he noted the safest way to proceed if the Board planned to make changes to the contract was to keep the hearing open. Trustees Pellino, Strum and Zuckerman stated that they would vote no on closing the public hearing. Trustee Zuckerman moved to adjourn the public hearing to a later date in order to discuss the proposed changes -- appending Chief Barnes' memo on performance standards --with the Port Chester negotiating team. Chief Barnes was asked by the Board to comment on attaching his memo to the contract. He noted that there are various levels of state and national fire safety standards and requirements, and that the standards need not be attached to the contract since they exist elsewhere. Trustee Zuckerman explained his concerns and read from Chief Barnes's memo of July, 1997 which noted how the Chief had proposed minimum basic requirements in the department for men and equipment responding to a call. Trustee Zuckerman asked Chief Barnes if he had the authority to request attachment of the memo to the proposed contract, and the Chief responded that he was not party to the negotiations and did not have the authority to do so. However, he explained that the guidelines exist under state and national auspices, and noted that they should be adhered to, although he could not guarantee that they would be adhered to under the agreement. Trustee Pellino noted that this was precisely why he wanted to extend the public hearing, so that the negotiating teams could discuss appending the Chief's memo to the contract. Mayor Filipowski and Trustee Degling urged the Board to vote on the contract this evening. Trustee Degling suggested the insertion of a phrase stating that the fire department would operate in accordance with (national) standards, which would, in effect, put the main points of Chief Barnes memo into the contract. Trustee Strum responded that what the Chief was saying was that the Chief couldn't make any guarantees for the performance standards, due to the fact that Port Chester operated with a volunteer fire fighting force instead of a full time fire fighting force. Trustee Strum was not sure that Port Chester would agree to appending Chief Barnes's memo to the contract. Discussion continued on adding a phrase on requiring compliance with national performance standards, and Trustee Strum suggested that the Board continue the public hearing in order for the negotiating teams from both sides to discuss making the proposed changes to the contract. Mayor Filipowski asked for comment from the Village's Fire Consultant John Cullen, the former fire chief for the White Plains Fire Department. Mr. Cullen discussed the issues raised and concluded that it was feasible to include reference to reasonable performance standards in the contract. Trustee Zuckerman asked for comment from Mr. Pagano, who had expressed his desire to be heard. Mr. Pagano noted that the Board could guarantee the initial response by the fire department in their contract, like Yonkers does. He noted that Yonkers requires a contractual response of 24 men to a fire situation. Mr. Pagano suggested that the Board could also adopt NFPA or other local standards if they so chose. Mayor Filipowski asked Mr. Cullen to explain the requirements and expense of a 12-man response. Mr. Cullen explained that if the board -to- September 8, 1998 wanted a response team of 12 men at all times, the minimum size of the department would have to be 60 men, not including coverage for sick time. Trustee Strum asked to discuss 2 more items in the contract based on comments made. The first item was directed at the Village Attorney. Trustee Strum asked Mr. Powell to look at amending the contract to enact assurances that Port Chester would not enact reductions in manpower without Rye Brook's consent. Trustee Strum's second item of concern was the absence of the string of events that would establish default under the contract. Mr. Powell responded that the contract was the result of a negotiating process and that any further changes would also have to be negotiated. Mr. Powell explained that defaults would be governed by law. Mayor Filipowski asked the Administrator if the Board could get together with the Port Chester Board to discuss the proposed changes. Mr. Russo responded that Rye Brook had a limited amount of time but that he would do what he could. Trustee Zuckerman moved to adjourn the meeting to September 15"' at 7:30 p.m. in order to have the negotiating teams discuss the proposed changes. The Board discussed the negotiating and hearing process and potential times to reconvene the public hearing -- Administrator Russo urged the Board to take whatever measures they had to as soon as possible -- and the Board was informed by someone in the audience that the Port Chester Board of Trustees had held and closed their hearing, but had not voted on the contract in order to wait for Rye Brook. The Board agreed to reconvene on September 15", and on the motion of Trustee Pellino, seconded by Trustee Zuckerman, the Board voted unanimously to adjourn the hearing until Tuesday September 15, 1998, at 7:30 p.m. RESOLUTIONS: 3. CONSIDERING APPROVAL OF THE SITE PLAN AMENDMENT APPLICATION BY ACKERMAN-TOLCHIN MOVIE THEATER(a. SOUTII RIDGE STREET. Administrator Russo read the approval resolution on the proposal to convert the movie theater at the Rye.Ridge Shopping Center from a Twin theater to a Quad theater within the existing structure. On the motion of Trustee Pellino, seconded by Trustee Strum the following resolution was adopted. RESOLUTION ACKERMAN-TOLCHIN MOVIE THEATER @ RYE RIDGE CINEMA ON SOUTH RIDGE STREET AMENDED SITE PLAN AND SPECIAL PERMIT WHEREAS, on or about April 6, 1998, the Fran Mar Cinema Corp., d/b/a Rye Ridge Cinema, Suite 101 10 Mitchell Place, White Plains, New York 10601, as applicant, and Merritt and Holby, Inc., 10 Rye Ridge Plaza, Rye Brook, New York, 10573, as owners, made an application for an amended site plan and special permit under Chapter 209, Section 250-6H(I) and 250-31(c)(2) of the Code of the Village of Rye Brook; and WHEREAS, the property involved in the application is located at the Rye Ridge Shopping Center in the Village of Rye Brook, County of Westchester, State of New York and is -11- September 8, 1998. also known and shown on Village tax assessment maps as Sheet 1, Block 22, Lot 3; and WHEREAS, the application, which seeks approval to re-configure the Rye Ridge cinema from a twin to a four cinema complex within the existing building, was referred to the Planning Board and, on or about July 9, 1998, the Planning Board recommended that approval be granted; and WHEREAS, the applicant has prepared and presented an environmental assessment form (EAF) under the State Environmental Quality Review Act in connection with the proposed action and after due consideration of the information contained in the environmental assessment form, the nature of the application, and other information available to it, the Board of Trustees, as SEQR lead agency, has determined that the action is a Type II action which does not require environmental review; and WHEREAS, on August 18, 1998, the Board of Trustees conducted a public hearing on the site plan/special permit amendment application, after due notice, at which public hearing all persons wishing to be heard n the application were afforded an opportunity to be heard; and WHEREAS, the application conforms with the applicable standards of Section 250-6(H) of the Rye Brook Code; and WHEREAS, the site plan/special permit amendment application consists of the following plans: Rye Ridge Cinema, I"Floor, 2id Floor, Section and Exterior Elevation, prepared by Averitt Associates, dated January 16, 1998, 4 sheets numbered A-1, A-2, A-3 and A-4. NOW THEREFORE, BE IT RESOLVED, that the amended site plan and special permit application is approved and the Mayor is authorized to sign the site plan and the amended special permit may be issued subject to the following conditions. CONDITIONS TO BE COMPLETED BEFORE SITE PLAN IS SIGNED OR AMENDED SPECIAL PERMIT IS ISSUED I. Prior to the signing of the amended site plan or issuance of the amended special permit, all outstanding professional fees/environmental review charges incurred by the Village in connection with the review of the application shall be paid in full, satisfactory to the Village Administrator. 2. Prior to the signing of the amended site plan or issuance of the amended special permit, proof shall be submitted showing that any approvals required from other public agencies having jurisdiction have been obtained, satisfactory to the Building Inspector. 3. This approval shall be deemed null and void one year from the date of adoption of this Resolution, unless a building permit is obtained in compliance with this approval and other -12- September 8, 1998 applicable provisions of the law. Any construction shall, thereafter, be diligently undertaken and shall be completed with reasonable dispatch in accordance with the approved plans. 4. Following completion of construction, an"as-built" plan shall be provided to the Village, satisfactory to the Village Engineer. AND IT IS FURTHER RESOLVED, that all previous site plan, special permit and other approvals in effect regarding the property, and the conditions and requirements thereof, shall remain in full force and effect, except as modified herein. Trustee Degling Voting to Abstain Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. RESOLUTION OF APPROVAL-LOCAL LAW AMENDING THE VILLAGE CODE IN RELATION TO THE RYE BROOK FIRE DEPARTMENT. 5. RESOLUTION OF APPROVAL - FIRE PROTECTION CONTRACT WITH THE VILLAGE OF PORT CHESTER. Mayor Filipowski noted that items 4 and 5 on the Local Law and Contract on the Fire Department would be held until the Board's Special Meeting on September 15, 1998. 6. AWARD CONTRACT#9806 FOR A 2WD POLICE DEPARTMENT TAHOE. The Village Administrator read the resolution, and the Board noted that the authorization would be to purchase a 2-wheel/rear-wheel drive Chevrolet Tahoe for the Police Department. On the motion of Trustee Strum, seconded by Trustee Pellino the following resolution was adopted. RESOLUTION AWARDING CONTRACT#9806 WHEREAS, the Village of Rye Brook has solicited bid proposals for Contract #9806 entitled, "1999 Chevrolet Tahoe, or equal, 4-door, 2-Wheel Drive Police Package Vehicle'; and WHEREAS, a public notice was duly advertised on Thursday, August 20, 1998, in the official newspaper of the Village of Rye Brook; and WHEREAS, during the notice period eleven (11) copies of the contract documents were picked up or mailed out to vendors; and WHEREAS, on Wednesday, September 2, 1998, at 11 a.m. E.S.T. the Village of Rye Brook publicly opened and read two (2) proposals; and -13- September 8, 1998 WHEREAS, on reviewing the bids, the Village Engineer and the Assistant to the Village Administrator have determined that the lowest bidder complying with all specifications is Sun Chevrolet Inc. of Chittenango, New York at a total bid price of$26,609 for furnishing and delivering this vehicle as specified. NOW, THEREFORE, BE IT RESOLVED, that Contract#9806 entitled, "1999 Chevrolet Tahoe , or equal, 4-door, 2- Wheel Drive Police Package Vehicle" be awarded to Sun Chevrolet Inc. of Chittenango, New York at the total bid price of$26,609 for furnishing and delivering this vehicle as specified; and be it FURTHER RESOLVED,that the Mayor is hereby authorized to execute the contract and all documents necessary or 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 7. APPOINTMENT OF COMMITTEE MEMBERS TO DETERMINE THE COST OF ACQUISITION OF THE BLIND BROOK CLUB. The Village Administrator read the resolution to establish a committee to study the feasibility of the Village purchasing the Blind Brook Club. Trustee Pellino moved and Trustee Zuckerman seconded that the resolution be adopted, but Mayor Filipowski asked for the credentials of the appointees, noting that he would like to know more about these people before he appointed them to a committee. Trustee Degling noted that he had only heard of the resolution as of last Friday, and he doubted the value of input from a committee on the issue. Trustee Zuckerman noted that Mr. Markowitz is a professional real estate appraiser and that he had no doubt that the other appointees were qualified to assist the Village in analyzing the proposal. On the motion of Trustee Strum, seconded by Trustee Degling, the Board voted unanimously to table the resolution until the next meeting in order to get r6sum6s for the appointees and distribute them to the members of the Board. 8. CHECK REGISTERS (INCLUDING FRIENDS OF RYE BROOK, INC.) Village Administrator Christopher Russo read the resolutions. On the motion of Trustee Zuckerman, seconded by Trustee Strum the following resolution was adopted. -14- September 8, 1998 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 19302-19414 Payroll 26721-26926 Capital 2818-2820 Environmental 156-158 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 On the motion of Trustee Zuckerman, seconded by Trustee Strum the following resolution was adopted. RESOLUTION FRIENDS OF RYE BROOK, INC. CHECK REGISTERS WHEREAS, the following checks, representing payment for services rendered, have been submitted to the Treasurer's Office and Budget Officer for payment. Friends of Rye Brook, Inc. 181 & 182 NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the Friends of Rye Brook, Inc. hereby approves payment of the above-mentioned claims and authorizes payment thereof. Trustee Degling Voting Aye Trustee Pellino Voting Aye Trustee Strum Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye -15- September 8, 1998 MINUTES: 9. FEBRUARY 24, 1998 BOARD MEETING. The Board approved the minutes on the motion of Trustee Zuckerman, seconded by Trustee Strum. The Mayor noted that there should be follow-up on items in the minutes regarding a report from the Facilities Committee on Recreation Facilities and he asked for a status report on whether pedestrian controls had been installed at the new walk-phase lights at Westchester Avenue and Ridge Street. Assistant to the Administrator Richard Slingerland assured the Mayor that the Village Administrator had been working with the Facilities Committee and that there soon would be a report to the Board. Mr. Slingerland also informed the Mayor and the Board that he thought the walls-phase controls were in place and functioning. DISCUSSION: 10. STATUS OF DAMAGED HOUSE AT 26 ROCKINGHORSE TRAIL. Mayor Filipowski asked for a status report on issuing a violation for poor maintenance and property condition to the owners of 26 Rockinghorse Trail, Village Attorney Kenneth Powell explained the status of the notice of violation and how it had been issued to the owner of the house for an unsafe condition. Administrator Russo informed the Board that the notice of violation had been mailed with a return receipt requested. COMMUNICATIONS: 11. LETTER FROM McCULLOUGH GOLDBERGER& STAUDT REGARDING THE STATUS OF THE SUMMERFIELD SUITES HOTELS APPLICATION. The Mayor summed up the letter from the law firm of McCullough, Goldberger and Staudt, noting that it was a letter formally withdrawing the application by Summerfield Hotels for a hotel for business travelers on the property at the corner of Anderson Hill Road and King Street. At this time, the Mayor opened the floor to comment. George Datino of 8 Bell Place asked the Board whether the Village could intervene or become involved with the schools so that the kindergarten after-school programs in the Blind Brook School could be extended to all residents of Rye Brook. Administrator Russo noted that there was not adequate space in the schools to accommodate the children of all residents of the Village and that it had been a logistical problem for quite some time. Mr. Russo also noted that he had heard the discussion on the Public Address system in another part of the building when the Mayor had asked about the status of the report from the Facilities Committee on Recreation Facilities and for a status report on the walk-phase controls at Westchester Avenue and Ridge Street. He noted that the pedestrian controls for the walk-phase lights at Westchester Avenue and Ridge Street were installed and operating, and not exclusively controlled by the crossing guards. He also reported that the Facilities Committee was aware of their deadline for issuing a report to the Village Board on the need for Recreation Facilities in Rye -16- September 8, 1998 Brook and would soon be providing a report. There was no further comment from the Board or from the floor, and the Board unanimously agreed to adjourn the meeting at 11:35 p.m. Respectfully submitted, Christopher J.Russo Village Administrator/Clerk -17-