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HomeMy WebLinkAbout1994_03_16 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING- Wednesday, March 16, 1994 -Town Center, Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE AT 7:00 PM into an Executive Session to discuss personnel and adjourn at 8:00 PM into a Work Session to review grant applications. CONVENE REGULAR MEETING RECESS INTO WORK SESSION ADJOURN WORK SESSION CONVENE EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION- Location of Exits ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Update -Fire House Renovation Project 3. Other Business AFFAIRS OF THE TOWN 1. Appointments 2. Request for Temporary Sign-Village Animal Hospital 3. Authorization-Final Order-Ambulance District 4. Authorization-Tax Lien Sale 5. Report on Delinquent Taxes 6. Authorization- Collection of Westchester County Property Taxes 7. Authorization-Establish Capital Project 94-6 8. Request Use of Voting Machines -Mamaroneck School District 9. Resolution-Repealing Sunset on Funding Law for Records Management 10. Salary Authorizations -Building/Engineering Department -Building Department -Recreation Next regularly scheduled meetings -April 6, 1994 -April 20, 1994 TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, March 16, 1994-Town Center, Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into an Executive Session to discuss matters of personnel and adjourn at 8:00 PM into a Work Session to review grant applications. CONVENE REGULAR MEETING RECESS INTO WORK SESSION ADJOURN WORK SESSION CONVENE EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION RECONVENE REGULAR MEETING ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL APPROVAL OF MINUTES -January 19, 1994 BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Update - Fire House Renovation 3. Other Business AFFAIRS OF THE TOWN 1. Appointments 2. Request for Temporary Sign -Village Animal Hospital 3. Authorization - Final Order-Ambulance District 4. Authorization -Tax Lien Sale 5. Report on Delinquent Taxes 6. Authorization -Collection of Westchester County Property Taxes 7. Authorization - Establish Capital Project 94-6 8. Request Use of Voting Machines - Mamaroneck School District 9. Salary Authorizations Building/Engineering Department - Recreation Next regularly scheduled meetings -April 6, 1994 -April 20, 1994 REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD WEDNESDAY, MARCH 16, 1994 AT 8:15 PM IN THE TOWN CENTER COURT ROOM, 740 W BOSTON POST ROAD, MAMARONECK, NY PRESENT: Supervisor: Elaine Price Councilwoman: Kathleen Tracy O'Flinn Councilman: Paul A. Ryan Councilwoman: Valerie M. O'Keeffe Councilman: Barry Weprin Also Present: Carol Acocella, Deputy 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 Price at 7:00 PM, at which time a motion duly made and seconded, the meeting was unanimously declared adjourned into a Work Session in Conference Room A to discuss grant applications. On motion duly made and seconded the Work Session was adjourned. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Price at 8:20 PM. CALL TO ATTENTION Supervisor Price 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 Price at 8:20 PM. in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Kathleen Tracy O'Flinn Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin March 16, 1994 1. Fire Claims Commissioner Weprin presented fire claims for authorization of payment and on his motion, seconded by Commissioner O'Flinn, 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. $ 1040.80 Austin Edward Co. 782.20 Cellular One 115.28 Cellular One 193.10 Coyne Textile Services 53.59 Excelsior Garage & Machine Works, Inc. 1114.06 Giacomo Service Center, Inc. 241.90 Larchmont Auto Parts Dist., Inc. 6.05 Lawrence Heat & Power Corp. 266.71 Lawrence Heat & Power Corp. 891.35 Lt. Jay Reynolds 110.00 Motorola Care Center of NY 123.00 New England Uniform 317.00 New England Uniform 298.00 Nynex Information Resources 9.00 New York Pager Care 153.50 Pronto Printer 25.00 R& F Trophies 109.40 Town of Mamaroneck Prof. 102.18 $ 5952.12 CAPITAL PROJECTS FUND Tartaglione Consultants Corp. $1650.00 Tartaglione Consultants Corp. 1650.00 $3300.00 GRAND TOTAL 89252.12 The Supervisor reported on the firehouse and its progress through the BAR, zoning and planning boards, and commented on the reaction of many residents, which is positive. even though the drive-through bay seemed to be still an issue. She also informed us that the temporary facilities for the firehouse were ready and that they had conducted a drill that had gone well, the few problems left the landlord had agreed to fix. There being no further business to come before the Fire Commission, on motion of Commissioner Ryan, seconded by Commissioner O'Flinn, the Board of Fire Commissioners was adjourned at 8:55 PM. SUPERVISOR REPORTS Supervisor Price reported that there would be a special meeting on April 5, 1 994, at 8:00 PM in this Court Room, and all are invited. At that meeting the Board will be giving the Findings 2 March 16, 1994 on the Country Club Study. She outlined the procedures necessary under SEQRA for a rezoning, which would entail the Town's Planning Board's being requested to make recommendations, and then the board would hold a public hearing at which time the board hear all comments. They will vote after evaluating all the input and recommendations. She announced that the sanitation commission had the new recycling bins, hopefully they will save dollars as well as be safer for our garbage men. When they are delivered to everyone, anyone wanting another should contact the Town Administrator to buy extras for$3.50 each. Also, lids are available for the first one. She said that the materials will still be co-mingled, and the bags should no longer she used. AFFAIRS OF THE TOWN 1. Appointments - Housing Authority. On motion of Councilman Weprin, seconded by Councilwoman O'Flinn, it was unanimously. Resolved, to appoint Michael Mosley, as a member of the Housing Authority to fill the unexpired term of Barry Weprin, effective immediately. 2. Temporary Signs -Village Animal Hospital After discussion, on motion of Councilwoman O'Keeffe. seconded by Councilman Ryan. it was unanimously, Resolved, that the Town Board does hereby approve the request by Village Animal Hospital to place temporary signs for a fifteen day period to begin at a time of their own choosing. 3. Authorization - Final Order-Ambulance District The Administrator reported that the final order had been given to all the Board members which defined how the new Ambulance District would be funded and organized. There had been a question regarding the Village of Mamaroneck having to subsidize one additional paramedic to allow 24 hour coverage. Bond Counsel was of the opinion that the arrangement for the second paramedic is an internal operating matter of the District and for that reason would not have to be reflected in the final order. He did recommend that the Ambulance District establish a separate intermunicipal agreement with the Village of Mamaroneck for the funding of the paramedic. 4719/065S 52461-368P 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 March 16 , 1994 at 8:15 o'clock PM, Prevailing Time. 3 March 16, 1994 PRESENT: Supervisor: Elaine Price Councilwoman: Kathleen Tracy O'Flinn Councilman: Paul A. Ryan Councilwoman: Valerie M. O'Keeffe Councilman: Barry Weprin In the Matter of The Establishment of the Town of Mamaroneck Ambulance FINAL ORDER District in the Town of Mamaroneck, Westchester County, New York 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 Mamaroneck 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 WHEREAS, 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 Villages 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 and the Village of Larchmont, by resolution have each consented to the inclusion of said Village in the boundaries of The Town of Mamaroneck Ambulance District in the Town of Mamaroneck; 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 Corps and Mamaroneck Emergency Medical Service, and, therefor, no bonds, notes, 4 March 16, 1994 certificates or other evidence of indebtedness (DE 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 8:15 o'clock PM, Prevailing Time, at the Town Center, in Mamaroneck, New York, in said Town, as the time when and the place where said Town Board did 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 WHEREAS, 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 5 March 16, 1994 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, following said public hearing said Town Board duly adopted a resolution finding it in the affirmative all of the determinations required by Section 209-e of the Town Law and approving the establishment of The Town of Mamaroneck Ambulance District; and WHEREAS, notice of adoption of said resolution was duly published and posted in the manner provided by applicable provisions of the Town Law, and proof of said publication and posting has been duly presented to this Town Board; and WHEREAS, the period of time for the submission and filing of a petition against said resolution and requesting a referendum in connection therewith has elapsed without such a petition being submitted and filed; and WHEREAS, it is now desired to adopt a final order approving the establishment of The Town of Mamaroneck Ambulance District in the Town of Mamaroneck in accordance with the provisions of Section 209-e.of the Town Law; NOW THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The establishment of The Town of Mamaroneck Ambulance District in the Town of Mamaroneck is hereby approved. Said Ambulance District shall be bounded and described as follows: Section 2. 'he Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Westchester County and filed in the office of the State Department of Audit and Control at Albany, New York, in the manner and within the time prescribed by Section 209-g of the Town Law. Section 3. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: 6 March 16, 1994 Councilwoman Weprin VOTING AYE Councilman O'Keeffe VOTING AYE Councilwoman O'Flinn VOTING AYE Councilman Ryan. VOTING AYE Supervisor Price VOTING AYE The order was thereupon declared duly adopted. 4. Authorization - Tax Lien Sale The Administrator explained that this request was received from Carmine DeLuca, Receiver of Taxes, for authorization to hold the annual tax lien sale on Thursday, May 12,. 1994. On motion of Councilwoman O'Keeffe. seconded by Councilman Weprin. it was unanimously, RESOLVED, that the Town Board does hereby authorize the Receiver of Taxes to hold the annual tax lien sale on May 12, 1994 at 10:00 am in the Court Room of the Town Center. 5. Report on Collection of Delinquent Taxes Mr. Silverberg reported that at the tax lien sale held the previous year on May 21, 1992 the Town had placed a lien on a property located at 17 Fenbrook Drive, Block 309, lot 008, which was owned by Pam and James Carter and that numerous letters and calls had been made in an attempt to collect the back taxes to no avail. After signing a contract for repayment July 29, 1993, no payments were received after November 8. 1993. Therefore an February 1. 1994, a notice to redeem was prepared for a sum of$62.082.99, and the notice was signed by the supervisor, sent registered map, return receipt requested, to all interested owners and to anyone with an interest in the property. All receipts have been signed, but no response had been received from any of them. I therefore request authorization to commence a foreclosure proceeding. On motion of Councilwoman O'Keeffe. seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Town Attorney to commence foreclosure proceedings for nonpayment of taxes on property located at 17 Fenbrook Drive, AKA as Block 309, Lot 008, owned by Pam and James Carter. 6. Authorization - Collection of Westchester County Property Taxes Mr. Alfieri said that this is a Pro Forma action authorizing Carmine DeLuca to collect taxes for the fiscal year on behalf of the County government. He said that the County enjoys a 100% guarantee on all taxes whether we collect or not. There was then a discussion on how unfair the system was to force taxpayers to pay for those who were not paying and that the County if fairly unique in how the law was written to ensure that they get full tax payment. 7 March 16, 1994 Then, on motion Councilman Ryan, seconded by Councilwoman O'Keeffe, authorization was unanimously approved as follows: Authorization to Collect Westchester County Property taxes STATE OF NEW YORK COUNTY OF WESTCHESTER SS: TOWN OF MAMARONECK THE PEOPLE OF THE STATE OF NEW YORK To Carmine A. DeLuca, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 16, 1994, by authority of Chapter 313 of the laws of 1934, to received and collect from the several persons named in the Assessment Roll hereunto annexed and herewith delivered to you, together with penalties prescribed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended for the neglect to pay the State, County Town and Town District Taxes, charges for services and exemptions removed after the levy thereof as follows: Judicial and County Taxes $ 20,542,472.70 Town and Town District Taxes 11,252,935.00 Correction of errors 3,689.50 County taxes Exemptions removed- 710.55 Water arrears 2.608.35 $ 31,802,416.10 And you are hereby directed to deposit to the credit of the Town of Mamaroneck in the Bank of New York. County Trust Region, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck,. as required by the Westchester County Tax Law, Article 16. Chapter 852. Laws of 1948. as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And in case any Person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving of the notices, and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948. as amended. and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County. New York, on the 16th day of March 1994. S/ . Elaine Price, Supervisor 8 March 16, 1994 7. Authorization to establish Capital Project 94-6 The Administrator explained that it was originally budgeted for 1993 to study improvements to the Highway garage and repair shop. We were not able to conduct study. I am therefore requesting the authorization be granted for this year for$20,000 in funds to be allocated to prepare a feasibility study, for the garage. The funds would be taken from surplus highway funds and transferred to capital project 94-6 entitled 'Feasibility Study Highway Garage' Motion of Councilwoman O'Keeffe. seconded by Councilman Ryan. it was unanimously RESOLVED, that the Town Board does hereby authorize the Administrator to establish Capital Project No. 94-6, to conduct a feasibility study for improvements to the Highway Garage & Repair Shop, in the amount of$20,000; and BE IT FURTHER, RESOLVED, that the $20,000 be taken from the Highway fund surplus and moved to Capital Project fund No. 94-6 entitled "Feasibility Study Highway Garage," adjustment is to be made in the 1994 Highway fund budge, and the account to be adjusted in the Highway fund is DB9959-0; transfer to the Capital Project fund, and BE IT FURTHER, RESOLVED, the account to be set up is the Capital Project fund H-5110-002. 8. Request for Use of Voting Machines by the Mam'k School District The Town Clerk said that she had received the annual request from the School District Clerk requesting the use of 15 voting machines for the school district election and budget vote to be held May 18. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the use of 15 voting machines by the Mamaroneck School District for the Annual School Election to be held on Wednesday, May 18, 1994. 9. Salary Authorizations - Building/Engineering Departments - Recreation Jr. Engineering Aide Authorization is requested to appoint Paul Bernabe Jr. to the position of Junior Engineering Aide effective 4/11/94 at a salary of$26,215. Mr. Bernabe has passed the County civil service test and will be a probationary appointment. He will do field inspections and assist the Building and.Highway departments with various duties. Councilwoman O'Keeffe said that she had not received this item until this evening and that she wanted more time to review the request. It was therefore decided to hold this matter over until the next meeting 9 March 16, 1994 Recreation On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that as provided for in the 1994 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Dwayne Doherty, Alternate Lifeguard, Hommocks Pool, $6/hr, retroactive to 3/8/94. Kelly Stump, Lifeguard, Hommocks Pool, $5.50/hour, retroactive to 3/9/84. Tim Dingersen, Alternate Key Attendant, Hommocks Pool, $4.75/hour, retroactive to 3/8/94. 10. Resolution Repealing Sunset Provision on Funding for Records Management. There was a communication from the Town Clerk for a resolution in support of the Records Management programming continuation and that the sunset.provision, which would halt the funding of grants that we have been receiving to index and microfilm our records be removed. Following discussion, on motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was approved that the Town Clerk prepare a resolution on behalf of the Town requesting the continuation of the Records Management Program and that the sunset be removed. The Supervisor reminded everyone that at the meeting of April 5th the Findings,are to be read on the Country Club properties. ADJOURNMENT On motion made and seconded the Board adjourned at 9:55 PM. Submitted by, Patricia A. DiCioccio, Town Clerk 10 C:1MSOffice lWinword%new194194Now\03-94103-19-94.Iast.doc