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HomeMy WebLinkAbout1993_04_21 Town Board Regular Minutes REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD WEDNESDAY, APRIL 2111993 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NY PRESENT: Supervisor: Caroline Silverstone Councilwoman: Elaine Price Councilman: John McGarr Councilwoman: Kathleen Tracy O'Flinn Councilman: Paul A. Ryan Also Present: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Attorney CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 6:30 PM into a Work Session in Conference Room A to discuss capital projects. The Board adjourned at 7:45 PM to attend the Reception for the retirement of Police Chief Munch and the appointment of the Acting Police Chief. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:25 PM. CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. BOARD OF FIRE COMMISSIONERS 1. Fire Claims Commissioner Ryan presented fire claims for authorization of payment, and on his motion, seconded by Commissioner O'Flinn, it was RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office as amended: AT&T 56.47 J&J Barish 37.00 R G Brewer 188.07 Coyne Textile Service 80.30 W.S. Darley&Co. 155.27 Delson Business Systems. 63.75 April 21, 1993 Eaton Financial Corp. 59.00 Excelsior Garage& Machine Work 1,626.40 Gall's 154.13 Grainger 47.34 Dr Thomas Landau 650.00 Larchmont Auto Parts 26.54 Larchmont Auto Parts 14.74 Mamaroneck Garage 1,009.87 Motorola Communications 1,309.80 Motorola Inc. 94.11 Motorola NY Pager Repair 46.00 Nat'l Fire Protection Assn. 95.00 New England Uniform 1,452.00 NYNEX 9.00 Louis Santoro 50.51 Tri-City Auto Parts 58.07 7.283.37 2. Resolutions -Special Election to Fund the Reconstruction of the Firehouse - Designating Election Inspectors - Designating Date to Accept List of Eligible Voters SPECIAL ELECTION TO FUND THE RECONSTRUCTION OF THE FIREHOUSE WHEREAS, the Board of Fire Commissioners of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, resolved on April 21, 1993 to call 6 special election of said Fire District, such special election to be held at the Weaver Street Firehouse, in Mamhroneck, New York, in said Fire District, on the 10th day of June, 1993, between the hours of 12:00 o'clock PM and 9:00 o'clock PM, Prevailing Time; and WHEREAS, pursuant to Section 175-a of the Town Law, only persons registered with the Westchester County Board of Elections on or before May 18, 1993 shall be entitled to vote in such special election; and WHEREAS, such Section 175-a requires that a resolution setting the time and place of the meeting of the election inspectors appointed by said Board of Fire Commissioners of said Fire District for the aforesaid special election be adopted at least thrifty days prior to such special ecial election; NOW THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York; Section 1. The inspectors of election approved by resolution duly adopted by said Board of Fire Commissioners on April 21,1993, shall meet at Weaver Street Firehouse, in Mamaroneck, New York, in said Fire District, on the 24th day of May, 1993 at 7:30 o'clock PM to commence preparation of the register of those persons eligible to vote in such special election. In accordance with said Section 175-a of the Town Law, only those persons registered with the Board of Elections of Westchester County on or before May 18, 1993 will be entitled to vote at such special election. Section 2. This resolution shall take effect immediately. 2 April 21, 1993 The question of adoption of the foregoing resolution was duly put to a vote on roll call,'which resulted as follows: Commissioner Ryan VOTING AYE Commissioner O'Flinn VOTING AYE Commissioner McGarr VOTING AYE Commissioner Price VOTING AYE Commissioner Silverstone VOTING AYE DESIGNATING ELECTION INSPECTORS On motion of Commissioner Ryan, seconded by Commissioner O'Flinn it was unanimously RESOLVED, that the Board of Fire Commissioners hereby appoints Thomas Hennessy, 148 Valley Stream Road, Louise Ludeck, 1 Bryson Street, Margaret Degan, 919 Harmon Drive, Carole and Janet Hoffman, 65 Edgewood Avenue election inspectors for the Special Fire District Election to be held Thursday, June 10, 1993 from 12:00 PM to 9:00 PM at the Weaver Street Firehouse. DESIGNATING DATE TO ACCEPT LIST OF ELIGIBLE VOTERS On motion of Commissioner Ryan, seconded by Commissioner McGarr it was unanimously RESOLVED, that the Board of Fire Commissioners hereby sets the date of Monday, May 24, 1993 at 7:30 PM for an election inspectors meeting at the Weaver Street Firehouse to accept the registration list of eligible voters who will be able to the Special Fire District Election on June 10, 1993. There being no further business to come before the Commission, on motion of Commissioner Ryan, seconded by Councilwoman O'Flinn, the Commission unanimously adjourned at 8:50 PM. AFFAIRS OF THE TOWN 1. Appointment- Larchmont Library Board of Trustees On motion of Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck does hereby appoint Jean Schwarz as a member of the Larchmont Library Board, effective immediately. 2. Petition on ETPA -Christopher Lupo Christopher Lupo presented a petition regarding the Emergency Tenants Protection Act requesting the ETPA laws be lifted from those cooperative and condominium properties located in the Town. The percentages being increased should be by fought by the Town. The Board said they would review the issue and have the Town Attorney review what actions have been taken by other communities. 3 n April 21, 1993 3. Authorization - Extension Agreement-Community Development Block Grant Contract On motion of Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Town Board does hereby authorize extension agreement between the Town and County for the Community Development Block Grant Contract(CDBG); and BE IT FURTHER, RESOLVED, that the Town Board does hereby appoint the Town Administrator to execute the contract on behalf of the Town. 4. Set Date - Public Hearings - Rochelle Road/North Chatsworth Avenue -Stop Sign - Echo Lane -One Way On motion made by Councilman Ryan, and seconded by Councilwoman Price, it was unanimously RESOLVED,that the Town Board of the Town of Mamaroneck does hereby set the date for the Public Hearing on putting in a stop sign at Rochelle Road and No. Chatsworth Avenue for May,5, 1993; and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby set the date for the Public Hearing on designating Echo Avenue a one-way street for May 5, 1993; and BE IT FURTHER, RESOLVED, that the Town Clerk is authorized to publish the. Public Hearing notice in an officially designated newspaper. 5. Authorization - 1993 Capital Projects The Administrator outlined the Capital Project budget for 1993: Police Department - Automobiles 45,000.00 Highway Department - Various Items 180,000.00 Wood Chipper - 17,000.00 Leaf Loaders/Truck Boxes 43,000.00 Compact Utility Tractor 15,100.00 Garbage District- Refuse Vehicle 87,000.00 Administration - Computer Equipment 77,671.00 Recreation - Pickup Truck 12,000.00 Road Resurfacing - No Breakdown of Costs Given 1. Myrtle Boulevard 2. Cooper Lane, entire length 3. Hickory Grove Drive-Rocky Road to Rockland Avenue 4. Fenimore Road - Durham Road to Baldwin Place 5. Country Road- Entire Length 4 April 21, 1993 Water System Improvement-,WJWW 139,000.00 He recommended funding be through gond Anticipation Notes which would carry a 3.75% interest rate. The short term borrowing will be consolidated with construction debt in a long term bond sale. There was no action taken. 6. Authorization - Mapping Contract The Administrator recommended the bid be awarded to Westinghouse Landmark,who submitted the lowest bid. He said five companies had picked up the specifications for this contract but only two had submitted bids with all the details necessary. The other bidder was Sewall,whose bid was $118,950. On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously RESOLVED, that the Town Board does hereby award contract for Mapping to Westinghouse Landmark,who submitted the lowest responsible bid in the amount of$98,296'; and BE IT FURTHER RESOLVED, that the Town Administrator be and is hereby authorized to execute said contract on behalf of the Town. 7. Authorization - Bonding Resolution -Generic Environmental Impact Statement At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at . the Town Center, in Mamaroneck, New York, in said Town, on April 21, 1993 at 8:15 P o'clock P .M. , Prevailing Time. Supervisor The meeting was called to order by Silverstone and upon roll being called, the following were PRESENT: Supervisor Silverstone Councilwoman Price Councilman McGarr Councilwoman O'Flinn Councilman Ryan ABSENT: None woman The following resolution was offered by Councilmsxic Price , ' who moved its adoption, seconded by Councils woman_O Flinn to-wit: 5 April 21, 1993 A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $80, 000 SERIAL BONDS OF THE . TOWN OF MAMARONECK, WESTCHESTER COUNTY, 1NEW YORK, TO PAY ADDITIONAL COSTS OF THE PREPARATION OF A GENERIC ENVIRONMENTAL IMPACT STATEMENT CONCERNING COUNTRY CLUB PROPERTIES PLANNED IN AND FOR SAID TOWN. WHEREAS., by bond resolutions dated October 9, 1991 and May 20, 1992, the Town Board of the Town-o# Mamaroneck, Westchester County, New York, authorized the issuance of an aggregate $315, 000 serial bonds of said Town to pay the cost of the preparation of a generic environmental impact statement concerning country club properties planned in and for the Town of Mamaroneck, Westchester County, New York; and WHEREAS, it has now been determined that the maximum estimated cost of such project is $395, 000, an increase of $80, 000 over that previously .authorized, and that to pay such increased cost it will be necessary to authorize the issuance of an additional $80,000 serial bonds of said Town; NOW, •'THEAEFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object. or purpose of paying part of the cost of the preparation of a generic environmental impact statement concerning country club properties planned in and for the Town of Mamaroneck, Westchester County, New-York, there are hereby authorized to be issued an additional $80, 000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section . 2 . The maximum estimated cost of the aforesaid specific object or purpose is .$395, 000, which is hereby authorized for such amount, and the plan for the financing thereof is as follows: a) By the issuance of $165, 000 serial bonds of said Town previously authorized by bond resolution dated October 9, 1991; and b) By the issuance of the additional $150, 000 serial bonds of said Town previously authorized by bond resolution dated May 20, 1992; and 6 April 21, 1993 c) By the issuance of the additional $80, 000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. period of Section 3 . It is hereby determined that the . p probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 (2nd) of paragraph a of Section 11.00 of the Local Finance Law computed from November 15, 1991, the date of issuance of the first bond anticipation note issued for siad specific object or ' purpose. It - is hereby determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4 . Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds .herein authorized, including renewals of such . notes, is Yisreby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section S. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the " same respectively become due and payable. An annual appropriation + shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6 . This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103- 18 (f) . Other than as specified in this resolution, no monies are,. or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. 7 April 21, 1993 Section 7 . • Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of its Supervisor,. and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk. Section S . The powers and duties of advertising such bonds for sale, conducting the .sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to ,see to the application of the purchase money. Section 9 - All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, ' providing for the manual countersignature of a fiscal agent or of a designated official of the Town) , the date, denominations,- maturities -and interest payment dates, place or places of payment, and also including the consolidation' with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing; shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant . to paragraph c of Section 70. 00 of the Local Finance Law, no such charges shall be so 8 April 21, 1993 collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52 . 0.0 of the .Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 10 . The validity of such, bonds and bond anticipation notes may be contested only if : 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, suit or proceeding contesting such validity is and an action, commenced within twenty days after the date of such publication, or authorized in violation of the 3) Such obligations are provisions of the Constitution. Sectio This resolution, which takes effect immediately, shall be published in full in The Dail Times , the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. s LEGAL NOTICE s NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town Board of the Town of Mamaroneck, Westchester County, New York, at a meeting held on- April 21, 1993, and the validity of the obligations authorized by such• resolution ma be hereafter contested only if such obligations were authorized Y for an object or purpose for which said Town is not authorized to y, or if the provisions of -law which should have been expend mone of publication of this notice were not complied with as of the date substantially complied with, and an action, suit or proceeding validity is commenced within twenty days after the contesting n g such vale y date of publication of this notice, or such obligations were j uthorized in violation of the provisions of the Constitution. a 9 April 21, 1993 8. Authorization - Borrowing and Transfer of Funds -Various Accounts A request was received from the Town Comptroller for authorization to appropriate additional surplus from the General Fund -GT of$2,800.00 and transfer$8,800.00 to the Capital Project Fund for Capital Project 90-7 - Monroe Renovation. And authorization to transfer$6,900.00 from General Fund - PT, to the Capital Project Fund for Project 91-1 - purchase of vehicles. A major portion is from unused capital expenditures of Project 92-1 purchase of vehicles. Then the last is to transfer$4,600.00 from the Fire District to the Capital Project Fund for Capital Project 89-10 -Architectural Fees. On motion of Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that the Town Board does hereby authorize the transfer of funds from ? General Fund -GT of$2,800.00 and transfer$8,800.00 to the Capital Project Fund for Capital Project 90-7 - Monroe Renovation; $6,900.00 from General Fund - Part Town, to the Capital Project Fund for Project 91-1 - purchase of vehicles; $4,600.00 from the Fire District to the Capital Project Fund for Capital Project 89-10 -Architectural Fees per the Comptroller's request. 9. Authorization - Payment- Hommocks Park Apartments Architectural and Construction Management Services On motion of Councilwoman Price, seconded by Councilman Ryan, it was unanimously RESOLVED, that the Town Board does hereby authorize the payment to Tri-Tech Inc., for their services at the Hommocks Park Apartments in the amount of$16,173.03, and an additional $8,084.61 for Perkins & Eastman for Architectural Services. 10. Salary Authorization - Recreation On motion of Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that the as provided for in the 1997 Town Budget, the Town Board authorizes the payment of salary to the following: Eleanor Humphrey,Alt Tennis Court Attendant,$7.76 1hr,effective 4116193 10 April 21, 1993 PROCLAMATION -Arbor Day, May 11, 1993 PROCLAMATION ARBM IMY '1REB CITY U.S.A. Mmmm, 1993 marks the second year the T06m of has been recognized as a Tres City DBA by The National. Arbor Day Ibundation and has received the Growth Award far higher levels of tree care this past year: and mmmm, The Rbam of Namaroneck desires to Coat xm its tree-planting Ways: and S, trees can reduce the erosion of our precious topsoil by grind and Water, . cut heating and cooling Costa, moderate the clean. the air, produce mcygen and ps�OVi de habitat far �, • fF N" s`*�e/ and 4yR ttE�,B, trees in Our Tom; p�+aperty Values, Enhance the economic iness areas, and bewatify Cur community; mmumS, trees are a, r9sOU=7Ce`t3lVing U8 Paper/ WOOd for Cur homes, _ far Cur fires'and Camtle89 ottrer Wiood e products; t a.. S, trees area . of jay and splftzk ual renewal. lOW, , BE IT h; that I Caro '' i1VfWston*j" Supervisor Of the Tolm Of Mamaroneck, Ork do heret jxroclaim Tuesday, Nay 11, 1993K ARBmt DAY in the Team of Mamaroneck and urge all citizens to participate in programs and activities designed to furthering the establisbment of trees in Our commit-Y. IN wimm MHEREw, I have hereunto set my hand and caused the seal of the Taws of Mamaroneck to be affirmed this 21st day of April, 1993. 11 April 21, 1993 There was a discussion on notifying multi-family building owners regarding the placement and maintenance of dumpster enclosures. The Town Administrator was requested to send out the letter. There then ensued a rather lengthy discussion on recycling issues. • ADJOURNMENT On motion made and seconded, the meeting was unanimously adjourned at 9:30 PM. Submitted by: i Patricia A. DiCioccio, Town Clerk IICLERKSERVERISERVER%DocumentsIMinutes11993fl04-21-93x.doc 12