HomeMy WebLinkAbout1993_10_20 Town Board Regular Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE
TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS
HELD ON OCTOBER 20, 1993 AT 8:15 PM IN THE COURT ROOM OF
THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK,
NEW YORK
CONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:00
PM, at which time on motion duly made and seconded, the meeting was unanimously
declared adjourned into Executive Session in Conference Room A to discuss personnel.
The Executive Session, on motion duly made and seconded, was unanimously declared
adjourned at 7:50 PM into a Budget Work Session.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:40
PM.
Present were the following members of the Board.
Supervisor Caroline Silverstone
Councilwoman Elaine Price
Councilman - John McGarr
Councilwoman Kathleen Tracy O,Flinn
Councilman Paul A. Ryan
Also present were:,
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
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
The meeting was called to order by Commissioner Silverstone at 8:45 PM in the Court Room.
Present were the following members of the Commission:
Commissioner: Caroline Silverstone
Commissioner: Elaine Price
Commissioner: John McGarr
Commissioner: Kathleen Tracy O'Flinn
Commissioner: Paul Ryan
1. Fire Claims:
Commissioner O'Flinn presented fire claims for authorization of payment, and on her
motion, seconded by Commissioner Ryan, 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:
.October 20, 1993
AAA Emergency Supply Co., Inc. $500.75
Jack Albert 176.00
Anthony's Deli 413.31
Federal Signal Corporation 59.98
Excelsior Garage & Machine Works 3,021.90
Galls, Inc. 43.72
Larchmont Auto Parts, Dist., Ind. 580.59
Dr. Landau 180.00
Dr. Landau 180.00
Dr. Landau 180.00
Multiplier Ind. Corp. 116.21
Rickert Lock & Safe Co. 22.90
Valhar Chemical Inc. 220.90
Westchester Joint Water Works 15,075.00
The State Insurance Fund 4,187.66
TOTAL $24,958.92
2. Salary Authorization - Fire Lieutenant
Authorization was requested for the promotion and salary increase for John Garofalo as Fire
Lieutenant. Mr. Altieri explained that John Garofalo has been chosen from competitive list
No. 74-001 and that the Fire Council had also chosen him for this promotion.
On motion of Commissioner Price, seconded by Commissioner McGarr, it was unanimously
RESOLVED, that this Commission hereby authorizes the
promotion of John Garofalo to Fire Lieutenant, and also
authorizes the salary for this promotion in the amount of
$51,400 effective October 21, 1993.
3. Special Meeting on Site Plan for the Fire House
Commissioner Silverstone said that there would be a meeting October 27th at 7:30 PM
regarding the renovation of the Fire House. She said that the site plan will be available at the
meeting and both she and the Fire Chief invited the public to please feel free to attend. They
noted that time would be set aside for questions and answers.
There being no further business to come before this Commission, on motion by
Commissioner Ryan,seconded by Commissioner Price, the meeting was unanimously
declared adjourned at 8:55 PM.
PUBLIC HEARING - Establishment of Procedures and Standards for the Regulation of Rates
for Basic Cable Service and Equipment
On motion of Councilman Ryan, seconded by Councilman McGarr, it was unanimously
resolved to open the public hearing.
Councilman Ryan explained that the purpose of this law was essentially to protect
consumers by regulating certain rates for cable TV services and equipment. He noted that
the Town was required by franchising authorities to adopt regulations before rate regulation
of basic service can begin. He also said that as this was a Tri-Municipal agreement that the
Villages of Mamaroneck and Larchmont would also be passing the law.
The Supervisor asked if anyone wished to speak in favor of the proposed law.
Alan Mason, Weaver Street, said that he was not always happy with the service, but he
wanted to know what the difference was between basic cable service and premium.
Councilman Ryan answered that the premium service gave you more channels from which to
choose.
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October 20, 1993
Dr. Mason then questioned whether you could have a premium channel without subscribing
to the premium basic service. Councilman Ryan replied that you could.
There being no further comments, on motion of Councilman Ryan,seconded by Councilman
McGarr, it was unanimously,
RESOLVED,that the Town Board of the Town of
Mamaroneck does hereby adopt Local Law No. 11 of 1993 as
follows:
LOCAL LAW NO. 11-1993
A VOCAL LAW OF TIM TM OF RO CR
Fb*rABr•T LnJG PLEB ACID 8'nwai RDS.FOR
THE REGULATION OF RATES FOR BASIC CABLE
SERVICE AMID MUIREW.
PURPOSE
The Cable Television consumer Protection and
Competition Act of 1992 authorizes franchising
authorities to regulate certain rates for cable
television service and equipment. The Town of
Mamaroneck desires to regulate cable rates except to
Pe extent that it is prohibited from doing so by
applicable law. FOC regulations inplementing'the
Cable Television consumer Protection and Cop�etition
Act of 3,992 require franchising authorities to adopt
regulations before rate regulation of basic service
and equipment can begin.
8O0PE MM APPI'LCABIIZTY!
•0.1 This Local Law governs the regulation of rates for basic service
and equipment within the Town of Mamaroneck for any franchisee which as
been notified that (a) the Town has been certified to regulate its
basic service and equipment rates; and (b) the Town has adopted
regulations governing regulation of basic service and equipment rates.
In addition, the Town of Mamaroneck may .regulate the rates for cable
services and equipment to the extent not prohibited by law, pursuant to
such resolutions, ordinances or regulations as it may hereafter adopt.
The provisions set forth below are-intended to be consistent with all
Federal Communications Commission (FCC) regulations governing the.
regulation of basic service rates and equipment and 'the Town and all
those acting on its behalf will regulate and interpret its rules so
that they are consistent with FCC regulations, as if those regulations
were set forth in full herein; the franchisee is prohibited from
engaging in any activity it is prohibited in engaging in wider FCC
rules, as if those rules were set forth in full herein. For purposes
of these provisions, the tear "basic service" or "basic cable services)
has the same meaning as the term "basic services1 at 47 C.F.R. 76.901
and the term ssequipmentss refers to all equipment and services subject
to regulation under 47 C.F.R. 76.923.
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October 20, 1993
SEfC' CN 1: FILING AMID REVIEW OF RATER:
1.1. Initial Filings Ety Franchisees,
1.1.1 Filings: When Made. A franchisee that is notified
that its basic service and equipment rates are subject to regulation
must file a submission ("the rate filing") within 30 days of the
notification (but no earlier than November 15, 1993), justifying its
basic service and equipment rates. All basic service and equipment
rates for all customer classifications must be justified. Once a
franchisee has been so notified by the Town that its rates are subject
to regulation, it may not thereafter increase its rates for basic
service or equipment without the prior approval of the-Tawn. This
requirement applies in all cases, including with respect to increases
in rates announced prior to the date the operator was notified its
rates were subject to regulation where the increases were not
implemented prior to the date of notice. A franchisee must submit a
rate filing to justify any increase in basic service or equipment rates
or any -basic service or equipment rate (collectively referred to '
herein as rate increases). An "increase,' occurs, without limitation,
when there is an increase in rates or a decrease in programmir or
customer services. Rate filings proposing and shorting rate
increases must be filed for review at least 30 days in advance of the
proposed effective date of the increase. This requirement does not
alter or eliminate any other notice requirement.
1.1.2 Filing: Where Made. Every rate filing must be
submitted to the Larctmont Mamaroneck Cable TV Board of Control (the
ImmMU). A rate filing shall be considered filed for review on the
date the required rate filing and all required copies are received by
the Board. Five copies of each rate filing (including all supporting
materials) must be submitted. If the operator claims any part of the
filing is proprietary, it shall additionally file five copies, which
emit the proprietary information.
1.1.3 Filing: contents. Subject to FOC regulations
governing the burden of proof, a rate filing submitted by a franchisee
must show that the rates the franchisee proposes to charge for basic
service and equipment are reasonable. Except as inconsistent with MM
rules:
1.1.3.1 Every rate filing must clearly state in a covering
letter whether it justifies existing rates, or proposes an increase in
rates. The covering letter must also identify any rate that is derived
in whole or in part based upon cost of service, and identify any pages
. . of the rate filing that contain information that the franchisee claims
is proprietary. It must state whether any part of the proposed
increase is based on an inflation adjustment or an alleged increase in
external costs. The cover letter should also
contain a brief, narrative description of any proposed changes in rates
or in service.
1.1.3.2 The pages of each rate filing must be numbered
sequentially.
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October 20, 1993
1.1.3.3. The rate filing must contain all applicable FCC
forms and these forms must be correctly eapleted.
1.1.3.4 If different rates are proposed for basic service
for different classes of customers, the filing mast show that the
classifications and the differences in the rate charged are reasonable
and consistent with federal law.
1.1.4 If the franchisee seeks to support a rate based upon a
cost of service, the Town will establish a rate that provides the
franchisee an opportunity to recover the reasonable costs associated
with providing basic cable service, including a reasonable profit. An
expense or investment is not presumed reasonable merely because the
franchisee has incurred or made it. A franchisee is not entitled to
recover monopoly profits in any foam.
1.1.5 Franchisee In addition to information the Tawas or
Board requires the franchisee to provide, and unless the Town grants a
waiver of this provision, a franchisee who seeks to justify all or any
part of its rates based"upon its cost of service mast submit a complete
cost of service analysis that shows all expenses it incurs and all
revenues derived fram .the system, directly or indirectly by the
franchisee or any person that constitutes a cable operator of the
system within the meaning of 47 U.S.C. 522(5). The cost of service
must identify the accounting level (as that term is used in the Mors
regulations) at which each expense"or revenue identified was aggregated
and show clearly how the expense or revenue was allocated. The
franchisee may not include costs at an accounting level unless it also
includes all revenues from that same level attributable to the system
or to a group of systems of which the system service the Town is a
part. The replacement cost of a axt�parable system mast be identified
and supported. The franchisee mast identify the name and address of
any entity with which it has a contract, other than a programmer, which
derives revenues from the system, and mast state whether and how the
revenues of that entity were included in the cost of service. in
addition,, the cost of service shall clearly show the derivation of a
proposed charge per channel and the application of that charge to yield
a basic service rate. It mast also show and support the derivation and
allocation of any amounts included in the derivation of the rate fors
1.1.5.1 operation and maintenance expenses;
i.1.5.� administrative and general expenses;
1.1.5.3 prog*L�!!±±3*7
expenses (identifying retransmission
consent costs and copyright fees separately);
1.1.5.4 costs for PEG access and any institutional network?
1.1.5.5 franchise fee expenses;
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October 20, 1993
1.3.1 if a proposed rate is tolled in whole or in part, the
franchisee shall submit a supplementary filing 20 days from the
effective date of the tolling order, containing corrections, if any, to
is filing (including any supplement to its cost of service filing) and
any response to information filed by interested parties or to the
recommendations of the Board, or any additional information necessary
to support the proposed rate. Supplementary filings must be filed in
accordance with Section 1.1.2.
1.3.2 A supplementary filing also must contain such
information as the Boated or the Town directs the franchisee to provide.
1.4 In addition to information the Board or the Town request
the franchisee to provide, and unless the Board or the Town grants a
waiver of this provision, a franchisee who claims that it is entitled
to a rate in whole or in part based upon the adjustments for inflation
and external costs contemplated by 47 C.F.R. 76.922(d) (1)-(2) must
• submit the following:
1.4.0.1 a calculation showing how each part of the
adjustment was derived.
1.4.0.2 a statement itemizing each external cost (as defined
by FCC regulations), the amount of that external costs for the two
calendar years prior to the date of the filing and the year-to-date in
which the.filing is made, and the 'projected amount of the external cost
for the remainder of the year in which the filing is made and for the
in
following calendar year. The statement must specifically show any
increases in revenues from programIIming services. IMevenues'l include
all revenues, in whatever form received.
1.4.0.3 if the increase is attributable to any increase in
programming service oats, the contract for each procframninq service
whose cost has increased; a sworn statement identifying each
programming service whose costs increased where the programmer is an
affiliate of the franchisee (as defined by RM regulations); and, for
any contract that has been in effect less than 12 months, the prior
contract for the service..
1.4.0.4 a sworn statement by the franchisee's chief
financial officer or an independent, certified accountant stating that
he or she has examined all external costs (including all programming
costs) and has offset against any increase claimed, the amount of any
decreases in external costs, and the amount by which any increase in
external costs was below the GNP-PI, as required by 47 C.F.R.
76.922(d) (2); affirming that the franchisee has only sought to recover
any external cost to the extent that cost exceeded the GNP-PI; and
affirming that the franchisee has not attempted to recover any increase
in the cost of Programming purchased by an affiliate except as provided
in 47 C.F.R. 76.922(d) (2) (vi).
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October 20, 1993
i.1.5.6 investment in the system and associated
depreciation;
1.1.5.7 other expenses, including federal, state and local
taxes, itemized;
1.1.5.8 the proposed return on equity and actual interest
expense paid by the franchisee.
1.1.6 Notwithstanding the foregoing, a franchisee is not
required to'subm4t the cost of service specified in Section franchisee
for equipment rates, and instead initially shall complete, submit and
support the costs of equipment using applicable RM forms. Any costs
of equipment using applicable FM forms. Any cost of service submitted
to justify basic service rates must show that the cost of service does
not include equipment costs.
1.2. Initial Town Review
1.2.1 After receiving a rate filing, the Board PrcePtly
shall publish a notice that a filing has been received and that, except
for those parts which may be withheld as proprietary, it is available
for public review. . The notice shall state that interested parties may
comment on the filing, and shall provide interested parties seven days
to submit written comments on the filing to the Board. The Board shall
submit the comments received and its recommendations for action to the
Town and shall make those recommendations and comments available for
public inspection. The franchisee may submit a response..to public
comments or Board recommendations, but must do so no later than three
business days after the' Board recommendations are submitted to the
mm. The response shall be filed with the Board, and if submitted in
a timely fashion, the Board shall forward a copy to the 'mown.
1.2.2 Within 30 days of the date of the filing, the Town
shall issue a written order, which may be in any lawful form, approving
the proposed rate in whole or in part; denying the Proposed rate in
whole or in part; or tolling the proposed rate in whole or part. if
the Town tolls the rate in whole or in part, its Written order at a
minirmn shall explain that it requires additional time to review the
rate filing and state that the franchisee may cure any deficiency in
its filing by submitting a supplementary filing as provided in Section
1.3. With respect to existing rates, tolling means the rates
may remain in effect, subject to refund; with respect to rate changes,
tolling means the portion of the rate change that is tolled may not go
into effect
1.3 supplementary Filings
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October 20, 1993
1.4.1 T7pon receiving the supplementary filing, the Board
promptly shall publish a notice that a filing has bee received and that
it is available for public review (except those parts which may be
withheld as proprietary). The notice shall state that interested
parties may comment on the filing, and shall provide interested parties
twenty days to submit written comments on the filing to the Board. The
Board shall submit the continents received and its recommendations for
action to the Town.
1.4.2 The Boards recommendations and the public comments
shall be made available for public inspection. The franchisee may
submit a response to public comments or Board recommendations, but
must do so no later than ten days after the Board recommendations are
submitted to the Town. The response shall be filed with the Board,
{ ; and if submitted in a timely fashion, the Board shall forward a copy
to the Town.
1.4.3 The Town shall issue a written order, which may be
in any lawful form, approving the proposed rate in whole or in part;
denying the proposed rate in whole or in parts or allowing the rate.
to go into effect in whole or in part, subject to refund.- If the
Town issues an order allowing the rates to go into effect subject to
refund, it shall also direct the franchisee to maintain an accounting
in accordance with -47 C.F.R. 76.933.
1.4.4 The order specified in Section 1.3.6. shall be
adopted within 90 days after the tolling order for any rate the
franchisee justifies based on the FCC benchmark. The order shall be
adopted within 150 days of the tolling order for any rate the
franchisee justified with a cost of service showing.
SECTION 2: PROVISIONS GENERALLY APPLICABLE TO RATE ORDERS
2.1 Any rate order of the Town shall be issued and
effective upon adoption. Each rate order shall be released to the
public and the franchisee. In any case where the Town approves,
denies, or tolls a rate; orders that a rate may go into effect
subject to refund; or orders refunds or establishes rates, a public
notice shall be published stating that the order has issued and is
available for review. Any such order shall be in writing.
2.2 The Board and the town may take any steps that they
are not prohibited from taking by federal law to protect the public
interest as part of any rate order or by any other means.. By way of
illustration and not limitation, the Town may require refunds, set
rates, and impose forfeitures and penalties directly or through its
delegated representatives, and enforce refund orders. Any order
prescribing a rate shall explain why the franchiseers proposed rate
was unreasonable and why the prescribed rate is reasonable. However,
before prescribing a rate or ordering a refund to subscribers, the
Town shall ensure the franchisee has had notice and opportunity to
comment on the proposed rate or refunds. If the recommendations of
the Board propose a refund or a rate, then mailing a copy of the
recommendation to the franchisee at the time it is submitted to the
Tvm shall be deemed to provide the franchisee this notice and the
franchisee must comment on the refund or rate in its response to the ,
recommendations.
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October 20, 1993
2.3 No Order approving Or setting a rate using the FM
benchmarks shall be interpreted to establish the just and reasonable
rate to subscribers. Every such rate approved or established shall
be subject to further reduction and refund to the extent permitted
under applicable laws and regulations, as the same may be amended
from time to time. By way of illustration and not limitation, should
the SM reduce the benchmarks, the Town shall have the right to
reduce a franchisees rates and to require the franchisee to refund
any amounts collected above the benchmark, except to the extent
prohibited by federal law.
SECPICN 3s PPJU% =SEE-0 DUTIES
3.1 A franchisee must implement remedial requiremments,
including prospective rate reductions and refunds, within Go days of
the date the Town issue an order mandating a remedy.
3.2 within 90 days of the date an order mandating a remedy
is issued, a franchisee must file a certification, signed by an
authorized representative of the cable company stating.
1.2.1 whether the franchisee has compiled fully with all
provisions of the Town order: and
3.2.2 describing in detail the precise measures taken to
implement the Town order: and
3.2.3. showing how refunds (including interest) were
calculated and distributed.
3.3 it is each franchiseeis responsibility to keep books
and records of aceount'so that it can refund any amounts awed to
subscribers.
3.4 It is each franchisees duty to submit as complete a
filing as possible, and knowingly withholding information or making a
filing that is ineamplete under applicable law shall be treated as an
evasion of this resolution.
3.5 Information Requests.
3.5.1 A franchisee and any other entity that has records
of revenues or expenses that are allocated to the franchisee"s system
must respond to requests for information from the Board of Town by
deadlines established by the Board. A franchisee is responsible for
ensuring that such other entity responds to the requests.
3.5.2 Because federal law limits the time available for an
initial response to a filing by a franchisee before the Order
contemplated by Section 1.2 issues, the franchisee must be prepared
to respond to requests for information regarding its filing within
five days of the date an information request is mailed to it. The
inforoation may include the information the franchisee would be
required to provide as part of any supplementary filing.
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October 20, 1993
SBCPIONB 4: DUTIES OF BOARD
4.1 The Board shall be responsible for administering the
provisions herein. . Without limitation and by way of illustration:
4.1.1 The Board shall ensure notices are given to the
public and each franchisee 'as required herein and by MM regulations.
4.1.2 The Board may submit requests for information to the
franchisee and establish deadlines for response to them, as provided
in Section 3.
4.1.3. For good cause, the Board may waive any provision
herein or extend any deadline for filing or response except as to
such matters that are mandatory under RM regulations.
4.1.4. The Board shall rule on any request for
confidentiality.
4;1.5. The Hoard shall prepare the rdations to the
Town contemplated by Sections 1.2-1.3. If the Hoard reoa®ends that
any increase be denied in whole or in part, it shall
4.1.5.1. propose a rate and explain the basis for its
t�eaommendation (it may propose that rates remain at existing levels);
and
4.1.5.2. recommend whether and on what basis refunds
should issues and
4.1.5.3. notify the franchisee of its reco®endation at
the time it is submitted to the Town.
SECTION 5: PEt1hIMS AM FORFEITURES
Except as prohibited by Federal Law, a franchisee shall be
subject to penalties and forfeitures under Executive Law and its
request for approval of a rate may be denied if it:
5.1 ]inowingly submits false or fraudulent information to
the Board of the Town in connection with any rate pmt
5.2 fails to comply with any lawful order or request of
the Board or the Town including, but not limited to a request for
information or an order setting ting rates; or
5.3 evades or attempts to evade federal or local rate
regulation; provided that, filing for approval of a rate that is
later determined to be unreasonable is not in and of itself an
evasion of federal or local rate regulation.
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SECTION 6: PRORRTF'!ARY I10MMBMON
October 20, 1993
6.1 If these provisions or any request for infoMation
requires the production or proprietary information, the franchisee mast
produce the information. However, at the time the allegedly
Proprietary inforoation is submitted, a franchisee may request that.
specifio, identified portions of its response be treated as
confidential and withheld from public disclosure. The request must
state the reason why the information should be treated as proprietary
and the facts that support those reasons. The request for
confidentiality will be granted if the Board determines that the
preponderance of the evidence shows that nondisclosure is consistent
with the provisions of the Freedom of Infoamation Act, 5 U.S.C. 552.
If the Board decides that information can be withheld, it will issue a
written decision explaining the basis for withholding the information,
and place that.decision in a public file for inspection. if the
franchisee requests confidentiality and the request is denied, (1)
where the franchisee is proposing a rate increase, it may withdraw the
Proposal, in which case the allegedly proprietary informatioa will be
returned to it; or (2) the franchisee may seek review within five
working days of the denial in any appropriate forum.. Release of the
information will be stayed pending review.
6.2 Any-interested party may file a request to inspect
material withheld as proprietary with the Board. The Board shall
weight the policy considerations favoring non-disclosure against the
reasons cited for permitting inspection in light of the facts of the
particular case. It will then promptly notify the requesting entity
and the cable franchisee that submitted the inforoation as to the
disposition 'of the request. it may grant, deny or condition a
request. The requesting party or the franchisee may seek review of the
decision by filing an appeal with any appropriate forum. Disclosure
will be stayed pending resolution of any appeal.
SF3C1'ION 7: PETITION MR CHUM M STATUS
7.1 Any franchisee may petition for a change in status in
accordance with 47 C.F.R. 76.915, wn and the To shall consider that
petition in accordance with 47 C.F.R. 76.915. The petition and five
copies must be filed with the Board.
SECFICN 8: SEVERABILITY
Should any.provision of this Local Law be declared illegal or
tmconstitutional by a court of competent jurisdiction, such declaration
shall not effect any other provision of this Local Law which can
nevertheless be implemented.
SECTION 9: EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with
the Be ore tary of State.
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October 20, 1993
AFFAIRS OF THE TOWN
1. Appointments - Board of Ethics
Councilwoman Price said that she had the privilege of nominating Bob Degan to the Board of
Ethics, and that she had come to know him very well during her tenure on the Board and
thought that he has always contributed greatly to the Town.
Therefore, on motion of Councilwoman Price, seconded by Councilman McGarr, it was
unanimously
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby appoint Mr. Robert Degan to the Board of Ethics
for a term concurrent with the one Y ear terms on said Board.
2. Transmittal of 1994 Tentative Budget
The Administrator gave an overview of the budget explaining that overall appropriations as
proposed would rise by $516,325 while the tax levy would increase by $383,905, he said that
increases in revenues have allowed for a smaller increase to the tax levy. He also noted that
this budget showed current salary levels and that the collective bargaining agreements with
the three unions would be expiring in December, which means that we will then begin
contract negotiations.
Mr. Altieri then gave a more in-depth explanation of increases and decreases to certain
items, as well as answering many questions regarding the budget. He explained that this
budget was a working document only, that it basically reflected the proposals of the
Department Heads and would be changed drastically by the Town Board before its adoption.
He then said that there would be a Budget Work Session on October 28 at 7:30 PM in
Conference Room A and he invited the public to attend.
He then mentioned a budget work session calendar, but as I was not given a copy, it cannot
be included in the minutes.
3. Employee Assistance Program-Contract Renewal
The Administrator explained that it was necessary to get Board approval before renewing the
contract for the County Employee Assistance Program. He stated that the cost was $2,875
for the year, which broke down to $25 per employee per year, and that we had been in this
program since 1988. Mr. Altieri in response to a question, explained that the program
provided consultation and counseling to employees who may be having personal or work
related problems such as excessive drinking, financial difficulties or stress, and that if an
employee is referred because of work problems, the Town is notified if the employee can or
cannot return to work and if they are participant in the program; if a person used the
program voluntarily, the Town is not apprised.
There were more questions, and after a discussion, on motion of Councilman McGarr,
seconded by Councilman Ryan, it was unanimously
RESOLVED, that the Town Board of the Town of Mamaroneck
does authorize the contract between the Town and the
County Employee Assistant Program for an amount not to
exceed $2,875; and
BE IT FURTHER
RESOLVED, that the Town Administrator is hereby
authorized to execute the above stated contract on behalf of
the Town.
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October 20, 1993
A. Authorization - Preparation of Plan and Map - RE: Ambulance District
Mr. Altieri explained that both the Villages of Mamaroneck and Larchmont had adopted the
resolutions consenting to the establishment of the Town wide Ambulance District. He said
that to conclude the process, the Board held a public hearing on the establishment of the
Ambulance District plan and Ambulance District Map. He said that if the Board authorizes the
plan and map to be prepared, it would likely be ready by November 3, at which time the
public hearing could be scheduled.
On motion of Councilwoman Price, seconded by Councilman Ryan, it was unanimously
RESOLVED, that the Town Board of the Town of
Mamaroneck, does authorize that an Ambulance District Plan
and Map be prepared which delineates the boundaries of said
district as well as outlines the procedures of same.
5. Authorization -Advertise for Bids for:
Fuel Oil #2
Police Winger& Summer Uniforms
Street Painting
On motion of Councilman McGarr, seconded by Councilman Ryan, it was unanimously
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby authorize the Town Administrator to advertise
for bids for the following: Fuel Oil #2 -One Year
Police Winger& Summer
Uniforms -One Year
Street Painting -One Year
6. Authorization -Preparations of Findings - FEIS -Conservation/Recreation Zone
The Administrator explained that in order to prepare the findings on the FEIS C/R Zone, it
would be necessary to authorize payment to Mr. Silverberg, as its the scope of his contract
and for payment to Ferrandino and Associates to assist in the preparation of the findings.
After a brief discussion, on motion of Councilwoman Price, seconded by Councilman
McGarr, it was unanimously
RESOLVED, the Town Board of the Town of Mamaroneck
does hereby authorize the payment of$8,000 to Stephen M.
Silverberg for which he will prepare the findings on the Final
Environment.Impact Statement on the Country Club Study;
and
BE IT FURTHER
RESOLVED, that the Town Board authorizes that Ferrandino
&Associates receive payment for their assistance in
preparing findings in an amount not to exceed $5,000.
7. Report on Sign and Street Light Survey
The Administrator said that he had distributed a copy of a Street Light and Sign Inventory to
the Board members and that the report had been prepared by one of our summer interns,
David Leeds. Mr. Altieri said that the inventory listed the type and number of traffic signs on
each street in the Town as well as giving the number of street lights. `He said that these
inventories will be invaluable in planning for lighting and signage needs.
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October 20, 1993
8. Salary Authorizations - Recreation
On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was unanimously
RESOLVED that as provided for in the 1993 budget,
authorization is hereby granted the Recreation Department
for payment of salary to the following:
William Reilly Men's Basketball $55/session eff. 10/18/93
Cathy Cilento Women's Fitness $55/session eff. retro:to 1017/93
Susan Gedan Women's Fitness $30 1session eff. retro.to 10/7193
Sarah Lanza Alternate,Women's Fitness $20 1session eff. retro.to 1017193
Suzanne Elson Volleyball $45/session eff. 12/1193.
Antoinette Rainone Open House $17 1session eff. retro.to 10/15/93
Erin Morris Skating Instructor Ice Rink $11/session eff. retro.to 10/12/93
Arthur Bruno Youth Hockey Instructor $14/hour eff. 1116193
James Thompson Youth Hockey Instructor $12 1hour eff. 11/6193
John Ronan Youth Hockey Instructor $11/hour eff. 11/6193.
David Macri Youth Hockey Instructor $11/hour eff. 11/6193
Tim Ronan Youth Hockey Instructor $11 1hour eff. 1116193
Richard Yarmy Youth Hockey Instructor $11/hour eff. 11/6/93.
Dan Ronan Alt Youth Hockey Instructor $11/hour eff. 1116193.
Steve Pelletier Alt Youth Hockey Instructor $14/hour eff. 11/6/93
Michael.Chlapparelli Alt Youth Hockey Instructor $14 1hour eff. 11/6/93
Robert Citrone Alt Youth Hockey Instructor $4 1hour eff. 11/6/93.
James Webler Alt Youth Hockey Instructor $4.50/hour eff. 11/6/93.
Kosuke Ikeda Alt Youth Hockey Instructor $4.50 1hour eff. 11/6193.
Michael Bruno Alt Youth Hockey Instructor $4.50 1hour eff. 1116193
Brian FitzPatrick Alt Youth Hockey Instructor $4.50/hour eff. 1116193
Jeffrey Ritz Alt Youth Hockey Instructor $4.50/hour eff. 11/6193.
Donna Y,izar Alt. Key Attendant Pool $5 1hour eff 10/20193
Karen Roth Alt. Life Guard, Pool $7/hour eff. retro.to 10/4/93
James Delatola Alt. Key Attendant Pool $4.75 1hour eff. 10/15193
Gregory Johanson Assistant Swim Team Coach $10 1hour eff. 10/15193.
Daniel Immediato Alternate Life Guard $5.50 1hour eff. 10/15/93
PROCLAMATION - UNITED NATIONS WEEK- UNICEF DAY
The Supervisor read the proclamation into the record:
United Nations Week
UNICEF Day
WHEREAS, October 1993 marks the 48th Anniversary of the coming into force
of the United Nations Charter; and
WHEREAS, the fundamental principles of the United Nations, to encourage
and support global harmony within an increasingly diverse world
community, are aims to be diligently pursued, if in the words of
the charter we are to "save succeeding generations from the
scourge of war"; and
WHEREAS, the United Nations Children's Fund (UNICEF) has played a.major
roll in saving thousands of lives of children in countries ravaged
by war, internal conflict, hunger and poverty.
NOW THEREFORE, BE IT
RESOLVED, that I Caroline Silverstone, Supervisor, and the members of the
Town Council of the Town of Mamaroneck hereby proclaim the
week commencing October 24, 1993 as UNITED NATIONS WEEK
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October 20, 1993
in the Town of Mamaroneck, and October 31, 1993 as UNICEF
DAY in our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the Town of Mamaroneck to be affixed this 20th day of October 1993.
ORAL COMMUNICATIONS
Lee Bloom said that he wanted to let everyone know that on October 24th at 2:30 PM there
would be a program and speaker on peace in the Middle East at the United Nations in
conjunction with the celebration of UN Week.
A resident questioned the Administrator on the policy of fixing sidewalks and who's
responsibility it was to fix them. Mr. Altieri replied that it depended on the location. The
resident said that they were concerned about the condition of the sidewalks on Dundee. E.
Garden Road, Cooper and Murray Avenue.
Valerie O'Keeffe asked what the procedure would be if someone had a problem with their
sidewalk. The Administrator replied that they could contact the Highway Department.
Councilwoman Price questioned what the agenda was for sidewalk replacement and that 17
Revere Road was also in a bad state of repair. She requested the Administrator to prepare a
report on those sidewalks that are earmarked for repair.
TOWN CLERK REPORTS
The Town Clerk said that she was filing the Building and Plumbing Report for the month of
September.
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ADJOURNMENT
There being no further business on motion made and seconded the meeting was adjourned
at 10:11 PM .
Submitted by
Patr a A. DiCioccio, Town Clerk
UCLERKS ERVERISERVER%Documentsl Min utes11993m inf110-20-93.1ast.doc
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