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HomeMy WebLinkAboutEast-West Fire Protection DistrictSouthold Town Board - Letter Board MeetingXof January 6, 2009 RESOLUTION 2009-90 ADOPTED Item '~ 5.32 DOC ID: 4659 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-90 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Village of Greenport for the provision of fire protection and emergency response services to the East-West Fire Protection District, for the term commencing January l, 2009 and ending on December 31,2018, terminable on one year's notice, with payment for 2009 not to exceed $547,534.00, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated January 12, 2009 Page 52 Southold Town Board - Letter Board Meeting of Dec'ember 16, 2008 RESOLUTION 2008-1097 ADOPTED Item # 5.42 DOC ID: 4558 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1097 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 16, 2008: RESOLVED that the Town Board of the Town of Southold hereby sets a public hearing for Tuesday~ January 6~ 2009 at 4:50 PM~ in the Meeting Hall at the Southold Town Hall~ 53095 Main Road~ Southold~ New York regarding a proposed Agreement between the Town of Southold and the Village of Greenport for the provision of fire protection and emergency response services to the East-West Fire Protection District~ for the term commencing January 1, 2009 and ending on December 31,2018, terminable on one year's notice, with payment for 2009 not to exceed $547,534.00 and be it FURTHER RESOLVED that the Town Board of the Town of Southold, until such time as any Agreement may be authorized, authorizes the continued payment to the Village of Greenport for the provision of such services, on the terms proposed in the Agreement. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated December 22, 2008 Page 55 SOUTHOLD TOWN BOARD PUBLIC HEARING January 6, 2009 4:50 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Assistant Town Attorney Kieran Corcoran Town Clerk Elizabeth Neville This heating was opened at 5:59 PM COUNCILMAN WICKHAM: IT IS HEREBY RESOLVED that the Town Board of the Town of Southold sets Tuesda¥~ January 6~ 2009 at 4:50 p.m. in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a public hearing regarding a I~rovosed Agreement between the Town Board of the Town of Southold and the Village of Greenport for the provision of fire protection and emergency response services to the East-West Fire Protection District, for the term commencing January 1, 2009 and ending December 31, 2018. I don't think that the full copy of this agreement (inaudible) but I do have a notice that this has appeared as a legal in the local newspaper, the Suffolk Times and it has also appeared on the Town Clerk's bulletin board outside. Can we ask the Assistant Town Attorney to summarize? ASSISTANT TOWN ATTORNEY CORCORAN: Certainly. The essence of the agreement is, as has I understand has gone on for some number of years, decades, the Village of Greenport will continue, the fire department of the Village of Greenport would be proposed to providing fire protection services to what is known as the East-West fire protection district. Which is what some people call the unincorporated part of Greenport. It was negotiated between members of the Town and the Village to try and find an equitable way of sharing those costs and that as in other fire districts, the chargeable rate to the members of the East-West protection district will be based on the equalization rate of their property in comparison to those in the district, and so the districts budget would be multiplied by a ratio of those property values. While, as you noted, it appears to be a long term agreement, it is actually not in as much as it is terminable by either party on one year's notice in the event anyone finds that it is unfair in the way that the costs are allocated. That is the gist of it. East-West Fire District Public Hearing 2 January 6, 2009 SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board? Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. I don't have an awful lot to add to this and I don't know whether I heard all of it properly but the one thing I know living in East Marion that so very often the East Marion fire department, because of the situation in Peconic Landing, our fire department has to cover the Greenport fire department, the Peconic Landing to the best of my knowledge, has still not provided their people which they promised to do in their original permits; which maybe the Planning Department overlook and they didn't take care of properly, an ambulance. They have some type of small ambulette but what often happens, as I said, if there is a bad emergency in Greenport or at Peconic Landing and they ring that fire alarm like it is going out of style, my fire fighters have to cover Greenport. There are two fire departments in Greenport and very often mine has to go up and protect Greenport, the Orient fire department has to cover us. So I would certainly think at this point that somebody up there or one of the other departments would write to Peconic Landing and tell them to live up to their commitment and get themselves and ambulance. As I have said before, you lost your best emergency room doctor at Eastern Long Island hospital because of the very essence of these situations. Thank you very much. SUPERVISOR RUSSELL: Just as a clarification, I have actually met with the director up there, Bob (inaudible) and his assistants, they have actually contracted with Lifestar to provide ambulance and they have developed protocol on when to call the local fire department and when to rely on Lifestar. I don't know if that has had an impact yet, I haven't had a chance to talk to the fire department but I certainly hope it has. MS. EGAN: Well, I still think a letter, I think there should be further progress and much more commitment on the part of Peconic Landing. They are rooking those people off like crazy. SUPERVISOR RUSSELL: In the interest of full disclosure, my father was just a patient there recently. Would anybody like to address the Town Board on the East-West fire district proposed budget? (No response) This hearing was closed at 6:02 PM Elizabeth A. Neville Southold Town Clerk #9150 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 25th day of December, 2008. Principal Clerk Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. the Town Board of the Town of $outhold hereby sets Tuesday. January 6. 2009. at 4:35 n.m.. Southold Town Hall. 53095 Main Road. Souihold. New York as the time and place for a Public hear- ine for the DIl£~-h~se of a develonment C.W. Francis & Son. fne~'Saic] property is identified as part of SCTM #1000-19. 1 14.7. The address is 32400 Route 25 and the property is located in the R-80/R-200 zoning districts and is approximately of Old North Road and N YS Route 25 in Orient, New York. The proposed acqui sition is for a development rights ease- of approximately 23.0+ acres (subiect to survey) of thc 26.48+ acre parcel, ceptable to the Land Preservation Cam- chase price is $80,fkq0 (eighty thousand dollars) per buddable acre for the 23.0+ easement will be acquired using Cam lhe properly is listed on the TowWs property that should be preserved due to its agricultural value~ and FURTHER NOTICE is hereby given that a more detailed description al the above mentioned parcel of land is on file in Land Preservalion Depart- ment, Southold Town Hall Annex, 54375 Route 25~ Southold. New York, and may be examined by any interested person during business hours. Dated: December 16, 2008 BY ORDER OF 'IHE I'OWN BOARD OF 311E I'OWN OF SOUTHOI.D Elizabeth Nevillc Town Clerk 9150 IT 12/25 ~7C~ day of ~009. ~i~j~IC-SlATE OF NEW yORK ~1 .V06105050 Suffolk county LEGAL NOTICE Notice of Public Hearing IT IS HEREBY RESOLVED that the Town Board of the Town of Southold sets Tuesday, Januarv 6, 2009 at 4:50 p.m. in the Town Meeting Hall, 53095 Main Road, Southold, New York 1197I, as the time and place for a public hearine regarding a proposed Aereement between the Town Board of the Town of Southold and the Village of Greenport/'or the provision of fire protection and emergency response services to the East-West Fire Protection District, for the term commencing January 1, 2009 and ending December 31, 2018 Dated: December 16, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON December 24, 2008 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suflblk Times Comptroller Town Board Members Town Clerk's Bulletin Board Town Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the tI '7¢J) day of./~, 2008, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place n the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: East-West Fire Protection District PH f-~lizabeth A. Neville Southold Town Clerk Sworn before me this / 7 day of. ]O~t_ ,2008. Notary Pubhc ? / LtNDA J COOPER NOTARY PUBLIC, State of New York NO. 01 C04822563, Suffolk Count~ Cooper, Linda From: Sent: To: Cc: Subject: Corooran, Kieran Wednesday, December 17, 2008 1:05 PM Neville, Elizabeth Cooper, Linda RE: ENV Fire Prot Dist I propose the following language, in accordance with last night's resolution: Resolved that the Town Board of the Town of Southold herby sets a public hearing for January 6, 2008 at 4:50 p.m at .[usual language of Town hall address] regarding a proposed Agreement between the Town Board of the Town of Southold and the Village of Greenport for the provision of fire protection and emergency response services to the East- West Fire Protection District, for the term commencing January 1, 2009 and ending of December 31,2018, terminable on one years' notice, with payment for 2009 not to exceed $547,534, and Be it further resolved that the Town Board of the Town of Southold, until such time as any Agreement may be authorized, authorizes the continued payment to the Village of Greenport for the provision of such services, on the terms proposed in the Agreement. Neville, Elizabeth Sent: Wednesday, December 17, 2008 12:21 PM To: Corcoran, Kieran Subject: E/W Fire Prot Dist << File: Misc information.ti f>> Kieran, Here is the legal notice for the public hearing from 1950 You will note that the fire hydrant rental is part of it too, Page 1 of l Cooper, Linda From: Sent: To: Cc: Subject: Cooper, Linda Thursday, December 18, 2008 2:23 PM JOAN ANN - Legals Neville, Elizabeth Legal notice for 12/24 Attachments: East-West Fire Protection.doc Joan Ann, Please acknowledge receipt of this legal notice. Thank you, Linda 12/18/2008 ORIGINAL AGREEMENT THIS AGREEMENT made the 1st day of July, 2009, between the TOWN BOARD OF THE TOWN OF SOUTHOLD, Suffolk County, New York, hereinafter designated as the "Town Board" and the VILLAGE OF GREENPORT, Suffolk County, New York, hereinafter designated as the "Village". WITNESSETIt: WHEREAS, there has been duly established in the Town a fire protection district known as the "East-West Greenport Fire Protection District, Town of Southold, New York." hereinafter designated as the "District", embracing territory in the Town adjacent to the Village, such territory being more fully described in the resolution establishing the District and duly adopted by the Town Board of the Town of Southold on the 14th day of November, 1945, and: WHEREAS, the Town Board of the Town of Southold (the "Town Board") as Commissioners of the District, duly authorized the Supervisor of the Town of Southold to execute a contract with the Village for fire protection and emergency service, including but not limited to, ambulance service to the District upon the terms and provisions set forth herein, and; WHEREAS the Board of Trustees of the Village duly authorized the Village Mayor to execute a contract with the Town to provide fire protection and emergency service, including but not limited to, ambulance service, to the District under the terms and conditions set forth herein, and; WHEREAS, the Board of Fire Wardens for the Village of Greenport and other entities identified in General Municipal Law Section 209-b has consented to this Agreement prior to the Town and Village agreeing to the terms and conditions hereof; NOW, THEREFORE, the Town does engage the Village to furnish fire protection and emergency service, including but not limited to, ambulance service, in case of accidents, calamities or other emergencies to said District, and the Village agrees to furnish such protection in the following manner, to wit; 1. The Greenport Village Fire Department shall at all times during the period of this Agreement be subject to call for response and attendance upon any fire occurring in such District and all calls to furnish emergency service to the best of its capabilities, including but not limited to ambulance service, when notified by alarm or telephone call from any person within the District of a fire or rescue emergency within the District, and; It is understood and agreed by the parties hereto that the furnishing of the apparatus of the Greenport Village Fire Department and the response by the firemen will be by the best efforts of the Greenport Village Fire Department and shall be subject to the order of the Chief of the Greenport Village Fire Department or his subordinates in authority, who, in their discretion in the event of any 2 emergency as, for example, another fire at the same time, in the said District or in the Village, may designate such men and apparatus to any particular fire as they may deem necessary. Furthermore, the said Chief, or his subordinate in authority, shall have absolute discretion as to the sending in of additional alarms and calling in responses to a fire or rescue call by the departments of other districts. 2. In consideration of the Village furnishing aid to the District and the use of the Village apparatus as aforesaid, the Town Supervisor shall pay to the Village annual payments on behalf of the District based on the proportionate cost to the Village of providing those services to the District. The cost of providing the services to the District shall include the cost of the Length of Service Award Program ("LOSAP") Benefits to the Village Firemen including the expenses for the cost of the management and administration of the LOSAP program. The Village will assume and maintain the responsibility for the management and administrative expenses of the LOSAP program, which shall be billed as part of the cost of providing fire and emergency response through this Agreement. 3. A. The parties acknowledge and agree that the consideration for the for the 2009 contract period will be in the amount of $547,534 and that this amount will be paid in full upon the execution of the Agreement. B. Commencing with the contract period for 2010 until the expiration of the contract, unless the Agreement is terminated in accordance with paragraph 8 herein or either party elects not to renew the Agreement in accordance with paragraph 7 herein, the annual consideration shall be determined as of August 1 of the year prior to when payment is due upon submission by the Village of its proposed budget for the upcoming year together with the assessed values for the Village and the District. The annual consideration shall be calculated by the application of the formula set forth in subparagraph C. below. The annual consideration of the Agreement shall be paid in two equal payments on March 15, and May 1, of each contract year. C. The amount of annual consideration shall be calculated by determining the ratio or proportionate share of the Village's annual fire protection budget that is to be allocated to the District ("Ratio"). That Ratio will be determined by first adding the Equalized Fair Market Value of all of the real property in the Village of Greenport ("A") to the Equalized Fair Market Value of all of the property in the District ("B") the sum of which will be the Total Equalized Fair Market Value of both the Village and the District ("C"). The Ratio will be calculated by dividing B by C. The Amount of annual consideration will then be determined by multiplying the aforesaid Ratio by the net budgeted costs of the Village of Greenport for providing fire protection. The following formula is illustrative of the aforesaid calculations: A (Equalized FMV of the Village) +B (Equalized FMV of the District) =C (Total Equalized FMV of both) B divided by C -- Ratio Ratio times Net Budgeted Costs of the Village of Greenport for providing Fire protection as defined in paragraph C below -- Annual Consideration D. Net Budgeted costs of the Village of Greenport for providing fire protection will include all costs of the Village of Greenport that are budgeted for providing fire, ambulance and rescue service to the Village and the District including but not limited to capital items and equipment and vehicles and reserves, less any transfers from reserves, plus an additional amount which represents the annual average increase in the costs of the Village of Greenport in providing fire, ambulance and rescue service, which additional amount shall be calculated by multiplying the average percentage change (increase or decrease) in budgeted costs for the ~ix contract years prior to the year for which the calculation is made by the budgeted costs of the Village of Greenport for providing fire protection for the contract period. E. Net budgeted costs as defined in paragraph C above, shall be adjusted for any surplus or deficit that may have occurred in the actual cost of providing fire, ambulance, emergency and rescue service to the combined area of the District and the Village as determined in accordance with this Agreement, for the prior year of the Agreement, on a proportionate basis based on the ratio that was used to calculate the consideration for that prior year. With respect to any deficit, the Village shall provide an accounting of the apparatus reserve fund to the Town Board prior to August 1, of the year preceding the year in which the payment for the deficit is to be made of the charge for the deficit. 4. All monies to be paid under this Agreement shall be a charge upon the said District, to be assessed and levied upon the taxable property in said District and collected with the Town taxes, to be listed separately on tax bills and not combined with the charges for hydrant use. 5. The cost of the hydrants in the District shall be the direct responsibility of the Town and shall not be billed or calculated through this Agreement. 6. Members of the Greenport Village Fire Department while engaged in the performance of their duties in answering, attending upon or returning from any call in the 'District that is responded to pursuant to this Agreement, shall have the same rights, privileges and immunities as if performing the same duty and response inside the Village. 7. This Agreement shall continue for a period of ten years commencing January 1, 2009 and ending on December 31, 2018. The Agreement will 6 automatically renew for an additional ten year term commencing January 1,2019 and ending on December 31, 2028 unless either party provides written notice that it does not want the contract to renew to the other party by December 31, 2017. 8. This Agreement may otherwise be terminated without cause by either party by providing the other party with one year's written notice sent by certified mail to the Supervisor of the Town of Southold in the case of the Town Board and to the Mayor of the Village of Greenport in the case of the Village. The Village may also terminate this Agreement on one hundred and eighty (180) days notice to the Town in the event that there is a significant increase in the number of calls in the District and there is a resulting significant increase in the proportionate burden on the Greenport Village Fire Department for providing fire, ambulance and emergency services to the District. In providing such 180 day notice, the Village shall provide the Town Board with the data upon which the claim of significant increase in proportionate burden is based. In the event that the Village of Greenport provides the 180 day notice that is described in this paragraph, the Town Board and the Village shall engage in mutual best efforts to achieve a different and equitable method of calculation reflective of the burden and costs on the Village of Greenport and the Greenport Village Fire Department providing services to the District. IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement the day and year first above written. SEAL TOWN BOARD OF THE TOWN OF SOUTHOLD By: ~~ SEAL VILLAGE OF GREENidORT BY: aviaN ~~a¢ D y r STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On this 1st day of July, 2009, before me came Scott A. Russell, to me personally known who being by me duly sworn did depose and say that he resides at Southold, New York, that he is the Supervisor of the Town of Southold, the municipal corporation described in and which executed the within instrument, that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by the order of the Town Board of said Town, and that he signed his name thereto by 1'~~-~ Notary Public MARTIN O. FINNEGAN Note~ Public State of New Yolk No. 0tF 6056707 Qualified in Suffolk County ~ [ Commission Expires March 26, 20" STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On this 1st day of July, 2009, before me came David Nyce, to me personally known who being by me duly sworn did depose and say that he resides at Greenport, New York, that he is the Mayor of the Village of Greenport, the municipal corporation described in and which executed the within instrument, that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by t3!e~.~f the Town Board of said Town, and that he signed his name thereto b{~/e ord~e) Notary Public MARTIN O. FINNEGAN Notary Public, State of New York No, 01FI6056707 Qualified in Suffolk CountV ~' ! Commission Expires March 26,20 ~ ~ 9