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HomeMy WebLinkAbout1993_11_17 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 NOVEMBER 17, 1993 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK 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 Carol A. Acocella, Deputy Town Clerk CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor Silverstone at 8:30 PM, who then pointed out the location of exits. PRESENT: Supervisor: Caroline Silverstone Councilwoman: Elaine Price Councilman: John McGarr Councilwoman: Kathleen Tracy O'Flinn Councilman: Paul A. Ryan ALSO PRESENT: Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Attorney Carol A. Acocella, Deputy Town Clerk CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:00 p.m., at which time a motion duly made and seconded, the meeting was unanimously declared adjourned into an Executive Session to discuss personnel. At 7:30 p.m. the Board recessed in a Work Session in Conference Room A to discuss the Memorial Park. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:20 p.m. CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. PRESENTATION—Library Joan Faulkner was introduced. She said the bids for renovating the library had been received and met all expectations. They were accepted and approved by the Library Board. She said the budget falls short by $138,000 which will hopefully be filled by fundraising. She thanked everyone involved in getting this project to this point. On motion of Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously, November 17, 1993 RESOLVED, that the Town Board of the Town of Mamaroneck does hereby confirm prior approval of the plans for the Library renovation and expansion and to support the decision of the Library Board of Trustees to proceed with the x project, relying in part on reduc ed expenditure in certain operating budget items in 1993/1994 budget and the 1994/1995 budget, with the expectation that those items would be restored proportionally to the best of our ability to Library budgets submitted after completion of the project; and BE IT FURTHER RESOLVED, we support the potential availability of a portion of the Library surplus as a possible addition to the amount of the contingency fund. PUBLIC HEARING —Ambulance District It was explained the purpose of this hearing was to discuss the formation of an Ambulance District comprised of the Village of Mamaroneck, including Rye Neck; the Village of Larchmont and the Town of Mamaroneck. The program will hire a Ambulance District Administrator, who would be responsible for the day to day operation, including the hiring of staff. The Supervisor asked if there was anyone who wanted to speak in favor of the law. In Favor: Barry Gedan Frank Cioffi Rick Baumblatt Judy Spikes Joe Russo She then asked if anyone was in opposition, there was no one. The Board member all voiced their support of the creation of the district. NOTICE OF ADOPTION NOTICE IS nmmm GrVEX that the Town Board of the Town of Mamaroneck, Westchester County, New York, at a meeting held on the ' 17th day of November, 1993, . duly adopted the resolution published herewith, subject to a permissive referendum. At a regular meeting of the Town Board of the Town of- Mamaroneck, Westchester Count', New York, held at the Town Center, in Mamaroneck, New York, in said Town, on November 17, 1993, at 8:15 o'clock P _M. , Prevailing Time. The meeting was called to order by Supervisor Silverstone and upon roll being called, the following were pREsENT: Supervisor Silverstone Councilwoman Price Councilwoman O'Flinn Councilman Ryan November 17, 1993. Agg ; Councilman McGarr The .fo_110wing resolution was offered by CouncildgMan Price who moved its adoption, seconded by Councilmaman O'Flinn to-wit: A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AND APPROVING THE ESTABLISHMENT OF THE TOWN OF MkMARONECK AMBULANCE DISTRICT IN THE TOWN OF N.AMARONECK, WESTCHESTER COUNTY, NEW YORK, PURSUANT TO ARTICLE 12-A OF THE TOWN LAW. wHEREAS, the Town of Mamaroneck, Westchester County, New York has determined to establish The Town of Mamaroneck Ambulance District in the Town of Mamaroneck, pursuant to Article 12-A of the Town Law to provide emergency medical response and medical transportation and related services; and WHEREAS, a map, plan and report (including an estimate of cost) with respect to the establishment of The Town of Hama.roneck Ambulance District have been filed in the office of the Town Clerk of said Town, where the same are available during regular office house for examination by any -person or persons - interested in the subject matter thereof.; and wHER+Rns; said map, plan and report provide for the establishment of the Town of Mamaroneck Ambulance District," the boundary of which will include the boundaries of the Tillages of Mamaroneck and Larchmont, including the Rye Neck section of the Village of Mamaroneck not within the municipal . boundaries of the Town,.of Mamaroneck, and not including that section of the Town commonly known as Saxon Woods Park, as indicated on the map, plan and report; and WHEREAS, - the Village of Mamaroneck, by resolution has consented to the inclusion of said Village in the boundaries of The Town of Mamaroneck Ambulance District in the Town of Mamaroneck; and WHEREAS, the Village of Larchmont, by resolution has consented to the inclusion of said Village in the boundaries of the Town of Mamaroneck Ambulance District in the Town of Mamaroneck; and WHEREAS, the Board of Trustees of the Village of Larchmont have discussed doing further research in alternative means of funding the operations of Ambulance District and the Village of Larchmont intends to take steps to pursue alternative means of funding, which would include the proposal of appropriate authorizing legislation; and 3 November 17, 1993 WHEREAS, the Village of Larchmont requests that in establishing the District, the Town of Mamaroneck include language permitting alternative means of funding should it be authorized by law and a funding made after public hearing that it would be in the best intesest of the community to implement the alternate funding; and WHEREAS, no capital improvements are proposed to be acquired or constructed in connection with the establishment of the Town of Mamaroneck Ambulance District in the Town of Mamaroneck, it being intended for said District to provide ambulance service to the District by means of contracts between the District and Larchmont/Mamaroneck Volunteer Ambulance Corp and Mamaroneck Emergency Medical Serivice and, therefore, no bonds, notesi. certificates or other evidence of indebtedness of the Town will be issued in connection with the establishment of the Town of Mamaroneck Ambulance District in- the Town of Mamaroneck; and WHEREAS, the Town of Mamaroneck Ambulance District in the Town of Mamaroneck will continue to perform a function in the Town now being fulfilled in the Town and, accordingly, such action is a "Type ' II Action". pursuant to the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder; WHEREAS, the cost of providing ambulance service in the Town of . Mamaroneck Ambulance District in the Town of Mamaroneck, will be by fees to be billed to those using the service and by an ad valorem tax . on all residents : of said district for that portion of the expenses not offset by billing revenues, together with a payment by the Village of Mamaroneck based upon a per capita formula for service. to the area of said Village known as the Rye Neck section; and WHEREAS, The Town of Mamaroneck Ambulance District shall' be bounded and described as hereinafter set forth; and WHEREAS, an order was duly adopted by said Town Board on November 3, 1993, reciting a description of the boundaries of The Town of Mamaroneck Ambulance District, the fact that no capital improvements were proposed in connection with the establishment of the proposed The Town of Mamaroneck Ambulance District, the fact that said map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 17th day of November, 1993, at 8 :00 o'clock P.M. , Prevailing Time, at the Town 4 November 17, 1993 Center, in Mamaroneck, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of The Town of Mamaroneck Ambulance District and to consider said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and wHERRAS, notice of the aforesaid public hearing was duly. published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard.-' and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; Now, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of " Mamaroneck, Westchester County, New York, as Follows: Section z. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: a) The notice of hearing was published and -posted as required by law and is otherwise sufficient; b) All the property and property owners within The Town of Mamaroneck Ambulance District are benefited thereby; C) All the property and property owners benefited are included within the limits of The Town of Mamaroneck Ambulance District•; and d) The establishment of The Town of Mamaroneck Ambulance District is in the public interest. Section 2. The Town o£ Mamaroneck Ambulance District in the Town of Mamaroneck, Westchester County, New York, to be bounded and described as hereafter set forth, and as more fully described in the aforesaid map, plan and- report, is hereby approved. Sec,tion A. The Town of Mamaroneck Ambulance District shall be bounded and described as follows: 5 November 17, 1993 The boundaries of the Town of Mamaroneck Ambulance District will ' include the boundaries of the Villages of Mamaroneck and Larchtont including the Rye Neck section of the Village not within the municipal al ' boundaries of the Town of Mamaroneck and not including that section of the Town of Mamaroneck commonly known as Saxon Woods Park (Tax Map designated Block 329 Lot 1) . Section 4. The permission of the State Comptroller to establish the Town of Mamaroneck Ambulance District - shall not be required pursuant to Section 209-f of the Town Law, since said Town shall not issue bonds, notes, certificates or other evidence of indebtedness in connection with the establishment of the District. Section 5. Should it be permitted by State Law, and 'after investigation and research and appropriate public hearings, the method of funding the Ambulance District may be changed from the ad valorem basis to an alternative method at the discretion of the Town Board. Section 6. This resolution is adopted subject- to permissive referendum. The question of the adoption of ,the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Ryan VOTING AYE Councilwoman O'Kinn VOTING AYE Co u_ncilwoma rice VOTING AYE, Supervisor Silverstone VOTING AYE VOTING The resolution was thereupon declared duly adopted. 6 November 17, 1993 STATE OI' MW YORK ) cow= op wES TCFMSTER. ) I, the undersigned Clerk of the Town of Mamaroneck, Westchester County, New' York, DO HERESY CERTIFY. That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on November 17, 1993, with the original thereof on file in my office, and that the same is a true a4d correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FQRTFmR cERTIPY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law) , said meeting was open to the general public. I FURTM CERTIFY that, PRIQR to the time of said meeting, I duly caused w public notice of the time and place of said meeting to be given to the following newspapers and/or other-news media as follows: NewsuaAer and/or other news mediaDate given The Daily Times I FURTHER CERTIFY that PRA to the time of said meeting, I duly caused public notice of the time and palace of isaid .meeting to be conspicuously posted in the following designated public location(a) on the following dates: Designated Locatiou(s) pate of Postinq of hosted. notice Town Clerk's Bulletin Board November 12, 1993 7 November 17, 1993 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:25 p.m. 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 A. Ryan 1. Fire Claims Commissioner O'Flinn presented fire claims for authorization. of payment and on her motion, seconded by Commissioner Price, 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: OPERATING FUND AAA Emergency Supply Co., Inc . 871.43 Coyne Textile Services 53.59 Excelsior Garage&Machine Works, Inc. 555.18 Excelsior Garage&Machine Works, Inc. 64.50 Larchmont Auto Parts Dist., Inc 14.68 Larchmont Beverage 341.18 Lawrence Heat& Power Corp 176.03 Lawrence Heat& Power Corp 384.84 Somes Uniforms 434.40 Town of Mamaroneck Professional Fire Fighters Ass 110.04 TOTAL 3005.87 2. Construction Agreement- Fire House Renovation -Construction Manager Mr. Altieri explained that the Town received the proposed contract with Tartaglione Consultants for the construction management of the fire house renovations, the board had asked that this matter be deferred to allow more time for review of the contract. Attached is the reviewed and revised contract which reflects an additional $10,000 fee for services added, they will now supervise and coordinate the temporary fire house. He said that the Board of Fire Commissioners also had recommended the authorization of this contract. Mike Doherty, 1st Fire Chief thanked the Board for allowing more time to review this contract, that the Fire Council was extremely pleased with it. He added thanks for allowing for additional funds for the oversight of the temporary building, which he noted they would be moving into in about three months. The Supervisor thanked him and the fire council for their review and input. There then followed a discussion regarding the timing of the construction. Then on motion of Supervisor Price, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the Contract with Tartaglione Consultants Corporation for construction management services at the Weaver Street Firehouse and at the temporary fire house on Fifth Avenue; and BE IT FURTHER, 8 :J November 17, 1993 RESOLVED, that the Town Board authorizes the Town Administrator to execute said agreement on behalf of the Town. AFFAIRS OF THE TOWN 1. Appointment—Coastal Zone Management Commission On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby appoint Shirley Tolley as a.member of the Coastal Zone Management Commission effective immediately, filling the unexpired term of Allen Mason. 2. Appropriation of Funds— LMC/TV Councilman Ryan explained LMC has run out of money, for a few reasons: legal fees, and renegotiations of the franchise fees paid to us by the Cable. LMC has requested a loan of $5,000 from each of the municipalities which oversee the program. Following discussion, on motion of Councilwoman Price, seconded by Councilman.Ryan, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize a loan to the Larchmont-Mamaroneck Cable TV Board of Control in the amount of$5,000, with the expectation of repayment of said loan by January 30, 1994; and BE IT FURTHER RESOLVED, said loan shall be interest free and paid out of the part Town General Fund. 3. Authorization -Amendment to Contract TA 93-2 - Leaf Loaders/Leaf Boxes The Administrator said there was an error made in the original specifications for leaf boxes. Originally the bid was for two boxes, when it should have been four. We have spoken to the low bidder, Trius, Inc who indicated he can provide the two additional leaf receiving boxes at a cost of$2,710 per box, increasing the cost to $5,420. He requested authorization. On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize an additional $5,420 for the purchase of two more leaf boxes, from Trius Inc., the original low bidder on Contract TA 93-2. 4.. Authorization-Additional Funding 1993 - Larchmont/Mamaroneck -Summer Musical Theatre Mr. Altieri said the summer musical program incurred a deficit when their expenses exceed receipts in the amount of$6,893. They have covered $4,272 of the deficit from previously accumulated surplus funds, but there is still a balance of$2,626. They have approached the three municipalities requesting 1/3 of the amount from each, which amounts to $926.66. Councilwoman O'Flinn said it doesn't seem right to fund addition monies after a program did not stick to their budget. 9 November 17, 1993 Councilwoman Price said she believes this sets a good precedent, to give money without overseeing expenditures does not seem good policy and the auditors might object. Councilman Ryan said it was a tough call, but doesn't think it a good idea. They decided not to move forward with this matter. 5. Authorization -Settlement of Claim -Ian Spier The Administrator reported a Town Tree fell and caused damage to a house belonging to Ian Spier, 1 Lookout Circle, in the amount of$604.81. It was decided to settle the claim in-house since our insurance carries a large deductible. On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the settlement of Claim in the amount of$604.81 payable to Ian Spier, 1 Lookout Circle for damage caused by a Town tree. 6. Authorization - License Agreement- New World Computer Systems The purchase and upgrade of hardware and software for the financial systems in the Assessor's Office, Tax Receivers and Building Department was discussed. The cost for the upgrade will cost$67,928, and would be borrowed in 1994. On motion of Councilwoman O'Flinn, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the agreement with New World Systems for upgrading hardware and software in the amount of$67,928, said funds would be borrowed in 1994. 7. Authorization -Agreement with Westchester County Re: Seat Belt Law The Administrator said the County would reimburse the Town a total of$6,600 towards overtime incurred for selective enforcement of the seat belt law. On motion of Councilwoman Price, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the agreement with Westchester County for enforcement of the seat belt law by the Police Department, said reimbursement to the Town will be $6,600; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to execute the agreement on behalf of the Town. 8. Authorization—Snow Removal Contract—County Roads This matter was deferred to the next meeting. 9. Set Date - Public Hearing -Cable Rates -Amends LL#10 10 November 17, 1993 On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby set the date for the Public Hearing on amending Local Law#10, Cable Rates for December 1, 1993 BE IT FURTHER, RESOLVED, that the Town Clerk is authorized to publish the Public Hearing notice in the official newspaper. 10. Update - Hommocks Park Apartments The Administrator said the foundation for section 1, 2, and 3 had been poured; preliminary electrical work and some plumbing has been installed; a few storm drains and the basin for water heaters were placed. The construction is behind schedule by about two weeks, saying the original target completion date was the end of August. 11.Salary Authorizations -Community Services -Administrator/Supervisor's Offices - Recreation Community Services -Administrator/Supervisor's Offices On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does;hereby authorize the payment of salary to Norine Idoni in the amount of$24,160 for her services as office assistant effective November 18, 1993; and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the payment of salary to Gloria Geiger as a part time secretary in the Administrator/Supervisor's Offices at a rate of$10.00 per hour effective November 18, 1993. Recreation On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the as provided for fin the 1997 Town Budget, the Town Board authorizes the payment of salary to the following: Joanne Schroeder,Office Ice Official,Travel Hockey Program, $8 1Mite& Squirt Game-$10 1Pee Wee& Bantam Game Jay Spader,Alt Youth Hockey Instructor, $4.50 11-1r,effective 11113193. ADJOURNMENT The meeting was adjourned at 10:17 PM. Submitted by: Patricia A. DiCioccio, Town Clerk \\CLERKS ERVERIS ERVER1DocumentslMinutesl1993m i nfl11-17-93.last 11