HomeMy WebLinkAbout1993_11_03 Town Board Regular Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND THE
BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD
ON THE 3RD DAY OF NOVEMBER 1993 IN THE SENIOR CENTER AND
CONFERENCE ROOM A 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 and on motion made and
seconded was adjourned into a Budget Work Session in Conference Room A of the Town
Center at 6:30 PM.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:35
PM in the Court Room of the Town Center.
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.
The Supervisor congratulated all winners from yesterday's election, asking everyone to join
her in wishing them well. She then.introduced the winners: Elaine Price, Supervisor-Elect,
Paul Ryan, Councilman, presently and continuing, Valerie O'Keeffe, Councilwoman-Elect,
and she also sent good wishes to David Klein, Town Justice, who was not in attendance.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Silverstone at 8:40 PM in the Court Room.
Present were the following members of the Commission:
Commissioner: Caroline Silverstone
Commissioner: Elaine Price
Commissioner: John McGarr
j Commissioner: Kathleen Tracy O'Flinn
Commissioner: Paul Ryan
1. Fire Claims:
Commissioner Price presented fire claims for authorization of payment, and on her motion,
seconded by Commissioner McGarr, it was unanimously
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:
November 3, 1993
Cellularone $ 97.00
Dri-Chem 23.55
Everson Ross Co. 271.38
Fenimore Iron Works 60.00
Grants Florist& Greenhouse 55.00
Hampshire Country Club 5,542.00
Hills Signs Inc. 66.75
J & J Barish 32.00
Thomas Landau, MD 540. 00
Metpath 106.50
MobileComm 32.00
National Fire Protection Assoc. 201.15
New England Uniform Co. 362.00
Printwear Plus' 41.00
R G Brewer 89.46
Rad Oil Co. 326.40
Somes Uniforms 33.00
Town of Mam'k Prof. Fire Fighter Assn. 375.00
Tree Organization 106.50
United Hospital 36.00
TOTAL $ 8,290.93
2. Authorization - Construction Manager Contract- Firehouse
Because members of the Board were not given the contract until yesterday, they did not feel
they had sufficient time to read it thoroughly, therefore this item was held over.
There being no further business to come before this board, it was declared adjourned by
motion of Commissioner Price, seconded by Commissioner O'Flinn.
Item 4 under Affairs of the Town was taken out of order.
4. Request for Temporary signs - Edwards Supermarket
The Administrator explained that this request was from Edwards Food Store on the Boston
Post Road,who wanted to install banners as temporary signage pending the completion of
the renovation of the facade. He said they would place the banners on the entrance and on
the Boston Post Road wall which is closets to the left side of the building, and they
anticipate needing the banners from two to four weeks.
Councilwoman O'Flinn questioned the size of the signs as well as the colors to be used. Mr.
Altieri answered that they would be 4' by 16'with lettering being 15.9' by 3' and he believed
the signs would be green.
After some discussion, on motion of Councilwoman O'Flinn, seconded by Councilman
McGarr, it was unanimously
RESOLVED, that the Town Board does hereby approve the
request for Temporary Signage at the Edwards Food Store,
Boston Post Road, with the provision that they be allowed from
November 11 to December 15, 1993 and that the Building
Department be notified when they are placed and when they are
removed.
The regular order of the agenda was resumed.
APPROVAL OF MINUTES - February 3, 1993
- March 3, 1993
-June 30, 1993
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November 3, 1993
-September 22, 1993
On motion of Councilman Ryan, seconded by Councilman McGarr, the minutes of February
3, 1993 were approved as amended.
On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, the minutes of
March 3, 1993 were approved as amended.
On motion of Councilman Ryan, seconded by Councilwoman Price, the minutes of June 30,
1993 were approved as amended.
On motion of Councilman Ryan, seconded by Councilwoman Price, the minutes of
September 22, 1993 were approved as amended.
AFFAIRS OF THE TOWN
1. Appointments - Planning Board
- Beautification Committee
Cable TV Advisory Committee
Supervisor Silverstone said that she received the resignation from Sanford Bell, who had
served on the Planning Board for the past nine years and that he as also chair of that Board.
She added that it was now necessary to appoint his replacement.
On motion of Councilwoman Price, seconded by Councilman Ryan, it was unanimously
RESOLVED, that the Town Board does hereby appoint Marilyn
Reader, Chatsworth Avenue, as Chair of the Planning Board for a
term beginning immediately and terminating July 1999.
Beautification Committee
Councilwoman O'Flinn said that she had received a letter from Eleanor Wilhelm, who was a
landscape designer, saying that she would be interested in serving on the Beautification
Committee. She added that she felt that Ms. Wilhelm given her occupation and interest
would contribute greatly to this committee.
Therefore on motion of Councilwoman O'Flinn, seconded by Councilwoman Price, it was
unanimously
RESOLVED, that the Town Board does hereby appoint Eleanor
Wilhelm, Carleon Avenue, as a member of the Beautification
Committee, serving for no fixed term.
Cable TV Advisory Committee
Councilman Ryan said that he had spoken with Mary Anne Sullivan, who has served on this
Committee since its inception, requesting that she continue to serve on it. He said that he
was glad to report that she had agreed to remain, and therefore:
On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously
RESOLVED, that the Town Board does hereby reappoint Mary
Anne Sullivan as the Town Representative on the Cable TV
Advisory Committee for a two year term, said term expiring
November
2. Authorization - Bond Resolutions
a) Sidewalk Reconstruction
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November 3, 1993
b) Road Resurfacing
Mr.Altieri stated that Bonding Counsel had prepared the resolution necessary for the
borrowing of funds for the reconstruction of sidewalks and curbs in the amount of$85,000
and for the reconstruction of various streets in the amount of$100,000. He said that all the
Board members had received a copy and that this item was part of the budget g p lanned. The
Board asked which streets and sidewalks were expected to be replaced and after discussion.
Sidewalk Reconstruction
On motion of councilman Ryan, seconded by Councilman McGarr, the following resolution
was adopted:
BOND RESOLUTION DATED NOVEMBER 3, 1993 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $85, 000
SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER
COUNTY, NEW YORK, TO PAY THE COST OF THE
RECONSTRUCTION OF SIDEWALKS AND CURBS THROUGHOUT AND
IN OF..AND FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
. the provisions- of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, , it is now desired to authorize the financing of such
capital project; NOW; THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County,% New York, as follows:
Section 1. For the class of objects or purposes of paying the
cost of the reconstruction of sidewalks and curbs throughout and in
and for the Town of Mamaroneck, Westchester County, New York,
including incidental improvements and expenses in connection
therewith, there are hereby authorized to be issued $85, 000 serial
bonds of the Town of Mamaroneck, Westchester County, New York,
pursuant to the provisions of the Local Finance Law.
Section 2., It is hereby determined that the maximum estimated
cost of such class of objects or purposes is $85, 000, and that the
plan for the financing thereof is by the issuance of the $85, 000
serial bonds of the Town of Mamaroneck, Westchester County,_ New
York, authorized to be issued pursuant to this bond resolution.
Section- 3.. It is hereby determined that the period of probable
usefulness of -the aforesaid class of objects or purposes is ten
4
November 3, 1993
years, pursuant to subdivision 24 of paragraph a of Section 11.00
of the Local Finance Law. It is hereby further 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 hereby 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 5. 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 duch obligations becoming due and payable in such year.
There shall annually be levied on all the taxable real property of
said Town a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
Section 6. 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 the
Supervisor and a facsimile of its corporate seal shall be imprinted
or impressed thereon and attested by the manual or facsimile
signature of the Town Clerk.
Section 7. - 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
shall deem best for the interests of the Town; provided, however,
that in the exercise of these delegated powers, he 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
6
November 3, 1993
to the purchaser of such bonds, who shall not be obliged to see to
the application of the purchase money.
Section 8.. 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 its 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 Supery isor. 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
collected by - the fiscal agent. Such bonds.. shall contain
substantially the recital of validity clause provided for in
section 52 .00 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 9. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section 1.150-
2. 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.
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
6
November 3, 1993
2) The provisions of law which. should be complied with at the
date . of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such o g
bli ations are authorized in violation of the
provisions of the Constitution.
i
Section 11. This resolution, which takes effect immediately,
shall be published in full in 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.
councilman Ryan voting Ave
councilwcman 0-9Flinn voting Ave
cotmci]man McGarr voting Aye
Co Moiiva= Price voting Aye
supervisor silverstone voting Ave
Reaonstrwition of Various Streets
on motion of councilman McGarr, seconded by cotmciiwcman O'Flinn, the
follawing'resolution was adapted:
BOND-RESOLUTION DATED NOVEMBER 3, 1993 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $85, 000
SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER
COUNTY, ' NEW YORK, TO PAY THE COST OF THE
RECONSTRUCTION OF SIDEWALKS AND CURBS THROUGHOUT AND
IN OF AND FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions. of the State Environmental Quality Review Act, have
been performed., and
WHEREAS, it is now desired to authorize the financing of such
capital project; NOW, THEREFORE, BE IT
RESOLVED, ' by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows:
7
November 3, 1993
Section 1. For the class of objects or purposes of paying the.
cost of the reconstruction of sidewalks and curbs throughout and in
and for the Town of Mamaroneck, Westchester County, New York,
including incidental improvements and expenses in connection
therewith, there are hereby authorized to be issued $85, 000 serial
bonds of the -Town of Mamaroneck, Westchester County, New York,
pursuant to the provisions of the Local Finance Law.
Section -2. It is hereby determined that the maximum estimated
cost of such class of objects or purposes is $85,000, and that the
plan for the .,.financing thereof is by the issuance of the $85, 000
serial bonds of the Town of Mamaroneck, Westchester County, New
York, authorized to be issued pursuant to this bond resolution.
Section. 3 .• .It is hereby determined that the period of probable
usefulness of- the aforesaid class of objects or purposes is ten
years, pursuant to subdivision 24 of paragraph a of Section 11. 00 .
of the Local Finance Law. It is hereby further 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 hereby 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 5 . 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 of
said Town a tax' sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
8
November 3, 1993
Section .6. 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 the
Supervisor-and a facsimile of its corporate seal shall be imprinted
or impressed thereon and attested by the manual or facsimile
signature of the Town Clerk.
Section 7.'.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
shall deem best for the interests of the Town; provided, however,
that in the exercise of these delegated powers, he 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 8 . 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 its 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
collected by. the fiscal agent: Such bonds shall contain
substantially.* the recital of validity clause provided for in
9
November 3, 1993
section 52 . 00. 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 9 . This resolution shall constitute a statement of
of intent for purposes of Treasury Regulations Section 1.150-
2. 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.
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,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 1.1 . This resolution, which takes effect immediately,
shall be published in full in 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.
Cotmailman Ryan voting Ave
Oauncilwonm o*Flinn voting Ate
councilman McGarr voting Ave
cotmoilwamn Price voting Aye
sueervisor silverstone voting Aye
10
November 3, 1993
Supervisor Silverstone.said that she wished to add something that was not on the agenda
this evening regarding liability insurance, and requested the Town Administrator to report.
Mr. Altieri said that he and his assistant had been looking at different policies and coverages
for liability insurance for the Town and that by closely monitoring claims and settling them
in-house, the Tow had saved approximately $100,00. He said that with the proposed new
policy the deductible would be dropped from $25,000 down to $1,000 with an aggregate
yearly amount that would not exceed $15,000.
3. Set Public Hearing -Ambulance District
Mr. Altieri explained that as part of the creation of the Town of Mamaroneck Ambulance
District, it would be necessary for the Board to hold a public hearing accepting the plan and
map of the district. He added that Bonding Counsel, Wilkie Farr& Gallagher was reviewing
the plan and map and upon its approval it would be delivered to the Board members,
hopefully either Monday or Tuesday.
On motion of Councilman Ryan, seconded by Councilman McGarr, it was unanimously
RESOLVED, that the Town Board does hereby set November
17, 1993 at 8:15 PM to be the date for the Public Hearing on
establishing a Town of Mamaroneck Ambulance District
which will consist of the Town, and Villages of Larchmont
and Mamaroneck; and
BE IT FURTHER
RESOLVED, that the Town Clerk be authorized to publish the
Notice of Public Hearing for the proposed local law in one of
the official Town newspapers.
5. Salary Authorizations - Recreation
On motion of Councilman McGarr, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that as provided for in the 1993 Town Budget,
authorization is hereby granted for payment of salaries to the
following: the Town Board does hereby authorize the
payment of salary to the following:
Levin Lawless' Manager, Hommocks Ice Rink $10/hour Eff. 11/03/93
Mark Baumblatt First Aid Attendant, Ice Rink $7/hour Eff. 11/05/93
Keith Immediato Alt. Life Guard, Hommocks Pool $5.50/hour Retro. to 10/18/93
Heather Castellani . Life Guard, Hommocks Pool $5.50/hour Eff. 10/29/93
Monica Paganini Key Attendant, Hommocks Pool $5/hour Retro. to 10/27/93
PROCLAMATIONS -20th Anniversary - Larchmont Senior Center
- 100th Anniversary - New Rochelle Medical Center
The Supervisor read the above Proclamations into the record:
LARCHMONT SENIORS
WHEREAS, November 1933 marks the 20th Anniversary of the Larchmont
Senior Center; and
WHEREAS, The Town of Mamaroneck is especially enriched by the
contributions which Senior Citizens make in all aspects of our
community; and
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November 3, 1993
WHEREAS, these Senior Citizens of Larchmont and Mamaroneck bring
their wisdom, experience, and enthusiasm to countless
endeavors which benefit all citizens and represent a vital
resource which must not be diminished.
NOW THEREFORE, BE IT
RESOLVED, That I Caroline Silverstone, Supervisor, and the members of
the Town Council of the Town of Mamaroneck hereby proclaim
that o ,
h November 12 1003 be observed as
LARCHMONT SENIOR CITIZEN'S DAY
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal
of the Town of Mamaroneck to be affixed this 3rd day of November 1993.
NEW ROCHELLE HOSPITAL MEDICAL CENTER
WHEREAS, 1993 marks the 100th Anniversary of New Rochelle Hospital
Medical Center; and
WHEREAS, New Rochelle Hospital was the first charitable institution in
New Rochelle, and the first hospital on the Westchester Sound
shore; and
WHEREAS, from its establishment 100 years ago to the present day, New
Rochelle Hospital has been in the forefront of innovation in
breadth of service, technical facilities and training; and
WHEREAS, the residents of the Town of Mamaroneck have great respect
for New Rochelle Hospital and the fine services it provides.
NOW THEREFORE, BE IT
RESOLVED, that I Caroline Silverstone, Supervisor of the Town of
Mamaroneck join with the residents and members of the Town -
Board to honor, recognize and thank New Rochelle Hospital for
its extraordinary compassion and service to our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal
of the Town of Mamaroneck to be affixed this 3rd day of November 1933.
ADJOURNMENT
The Supervisor asked if there were any reports and if anyone wished to address the Board,
as there were none she asked and received a motion for adjournment into Executive Session
at 9:15 PM.
Submitted by
Patricia A. DiCioccio, Town Clerk
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