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HomeMy WebLinkAbout1994_09_21 Town Board Regular Minutes • TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING- Wednesday, September 21, 1994—Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE AT 7:00 PM into a Work Session to discuss the Town Center Tenants and then adjourn at 7:30 PM into an Executive Session to discuss personnel. CONVENE REGULAR MEETING RECESS INTO WORK SESSION ADJOURN WORK SESSION CONVENE INTO EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION -Location of Exits PUBLIC HEARINGS-Parking Ordinance—Parking of Emergency Vehicles on Harmony Drive near Alden Road. ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS—Letter of Congratulations REPORTS OF THE SUPERVISOR REPORTS OF THE COUNCIL BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Presentation—Firehouse Renovation 3. Other Business AFFAIRS OF THE TOWN 1. Appointments 2. Approval of LWRP Revisions 3. Authorization—Consulting Agreement—Ward Associates 4. Cable TV Resolution 5. Authorization—Receive Proposals—Deferred Compensation Plan . 6. Authorization—Sales of Surplus Vehicles 7. Salary Authorization - Recreation Next regularly scheduled meetings - October 5, 1994 - October 19, 1994 September 21, 1994 TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, September 21, 1994 -Town Center Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into a Work Session to discuss the Town Center Tenants and then adjourn at 7:30 PM into an Executive Session to discuss personnel. CONVENE REGULAR MEETING RECESS INTO WORK SESSION ADJOURN WORK SESSION CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits PUBLIC HEARING - Parking Ordinance - Parking of Emergency Vehicle on Harmony Drive near Alden Road ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS - Letter of Congratulations SUPERVISOR REPORTS REPORTS OF THE COUNCIL BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Presentation - Firehouse Renovations 3. Other Business AFFAIRS OF THE TOWN 1.. Appointments 2. Approval of LWRP Revisions 3. Authorization -Consulting Agreement-Ward Associates 4. Cable TV Resolution 5. Authorization - Receive Proposals - Deferred Compensation Plan 6. Authorization -Sale of Surplus Vehicles 7. Salary Authorizations - Recreation Next regularly scheduled meetings - October 5, 1994 -October 19, 1994 12 REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD WEDNESDAY, SEPTEMBER 21, 1994 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 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: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Attorney CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Price at 7:00 p.m., 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 the Town Center Tenants. At 7:30 the Board adjourned into an Executive Session to discuss Personnel. On motion duly made and seconded the Executive Session was adjourned. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Price at 8:20 p.m. CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for public gatherings. ADJOURNED PUBLIC HEARING - Parking Ordinance - Emergency Vehicle -Alden Road/Harmony On motion of Councilman Ryan, seconded by Councilman Weprin, the Public Hearing was opened at 8:30 p.m. The Supervisor said that this item had been on the agenda twice before, and that she thought that the problems that had been voiced at prior sessions were now resolved. She then asked if anyone wished to speak in favor or against the law. There being no comment, on motion of Councilman Weprin, seconded by Councilwoman O'Flinn, the hearing was closed and on the same motion and second the following local law was unanimously adopted: September 21, 1994 Local Law No. -1994 Parking of Emergency Vehicle on Harmony Drive near Alden Road Section 1. Purpose: The purpose of this local law is to allow for the parking of an emergency vehicle on Harmony Drive near Alden Road so as to provide for ready access to that vehicle by the Deputy Fire Chief. Section 2. Restricted Parking: Parking shall be restricted as follows: a) On the southeast corner of Harmony Drive and Alden Road commencing at a point approximately fifty (50)feet from the corner of the intersection for a distance of twenty (20)feet for parking only for emergency fire vehicle. Section 3. Signs to be Erected: Appropriate signs shall be erected and the pavement marked so as to designate a 20 foot section as described in Section 2 of this local law for restricted parking with signs to read "Parking for Emergency Fire Vehicle Only." Section 4. Severability: Should any provision of this local law be declared unconstitutional or invalid by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this local law which may be implemented without the invalid or unconstitutional provision. Section 5. Effective Date: This local Law shall take effect immediately. ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS - Letter of Congratulations Supervisor Price said that she had received a letter from Assemblyman Ron Tocci, which congratulated the Town on receiving a $50,000 State Records Management Grant. She read it into the record. August 16, 1994 Dear Elaine, I was pleased to learn that the State Education Department, under the Local Government Records Management Improvement Fund Act, has awarded the Town • of Mamaroneck a grant for the microfilm project, in the amount of$50,000. I just wanted to take this opportunity to congratulate you and commend your initiative in securing this grant These projects are vital to our community in 2 September 21, 1994 that they serve to improve services to citizens, enhance the efficiency and economy of local governments and help identify and care for non-governmental historical records. Once again, congratulations and may your success continue in all your future endeavors. If there is any assistance I can provide,please do not hesitate to call me. Sincerely, S Ronald C. Tocci Assemblyman, 85th District The Supervisor added that the congratulations belonged to our Town Clerk, who has written and received four state grants in as many years, and that she had done a tremendous job in creating the Town's records program. The other Board members also added their congratulations. SUPERVISOR REPORTS Supervisor Price reported that the fire house project was moving ahead on schedule and she reminded everyone about the special fire district election on September 27, which would allow for an increase to the amount to be expended for the firehouse renovations. She noted that the election would be held from 12 noon to 9:00 PM in the main lobby of Hommocks School. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 9:01 p.m. 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 1. Fire Claims Commissioner O'Keeffe presented fire claims for authorization of payment and on her 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: 3 September 21, 1994 OPERATING FUND (Table A) Evenson Dodge, Inc. $ 9014.30 Willkie Farr& Gallagher 300.00 TOTAL A $ 9314.30 CAPITAL PROJECTS FUND (Table B) Call A Head Corp. $ 75.00 Rt. 202 Lumber 67.36 Suburban Carting 350.00 Sullivan Architects 16059.11 Sullivan Architects 28520.00 Tartaglione Consultants Inc. 13826.67 SRN Contracting Corp 6510.00 Tartaglione Consultants Inc. 1188.00 Williams/Scotsman 99.00 J. P. McHale Pest 175.00 TOTAL B $ 66,870.14 TOTAL Table A & B TOTAL A $9,314.30 TOTAL B $66,870.14 GRAND TOTAL $76,184.44 2. Presentation - Firehouse Renovations The Architect for the firehouse project, Mr. Sullivan, and Mr. Tartaglione were introduced by the Supervisor who said that they were going to present an overview of the project. Thereafter, Mr. Sullivan presented drawings and explained to all the firehouse project, its demolition, rebuilding, the timeline and the process for obtaining all permits and approvals. He pointed out that this project would be going through the same procedure as any project would, having to comply with all regulations as outlined by the Town. He also fielded questions from Board members and from residents. There being no further business to come before the Commission, on motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, the Commission unanimously adjourned at 9:45 PM. AFFAIRS OF THE TOWN 1. Appointments-Coastal Zone Management Comm. - Housing Authority - Budget Committee Councilman Weprin proposed the following names for the Coastal Zone Management Commission: Phyllis Wittner, Chair; Richard Young, and Shirley Tolley, who were all presently serving on that Commission. On his motion, seconded by Councilwoman O'Flinn, it was unanimously, 4 September 21, 1994 RESOLVED, that the Town Board does hereby appoint Phyllis Wittner, Pheasant Run, who is presently a member of the Coastal Zone Management Commission , to the position of . Chair of the Commission for a term of one year said term expiring August 1995; and BE IT FURTHER, RESOLVED, that the Town Board does hereby reappoint Richard Young, 12 Bonnie Briar Lane, as a member of the Coastal Zone Management Commission for an additional term of three years, said term expiring August 1995; and BE IT FURTHER, RESOLVED, that the Town Board does hereby reappoint Howard McMichael, Jr., 14 South Drive, as a member of the Coastal Zone Management Commission for term of three years, said term expiring August 1995; and BE IT FURTHER, RESOLVED, that the Town Board does hereby reappoint Shirley Tolley, 8 Dimitri Place, as a member of the Coastal Zone Management Commission for an additional term of three years, said term expiring August 1995. Budget Advisory Committee 7 Members 4-Three Year Terms 2 -Two Year Terms On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, it was unanimously: RESOLVED, that the Town Board does hereby appoint Norman Lavin, 8 Homer Avenue, as a member of the Budget Advisory Committee, filling an unexpired term, said term expiring April 1996; and BE IT FURTHER, RESOLVED, that the Town Board does hereby appoint Thomas A. Christian, 3 Rock Ridge Road, as a member of the Budget Advisory Committee, filling an unexpired term, said term expiring April 1996. Housing Authority Staggered Terms 5 members Terms Expire: September On motion of Supervisor Price, seconded by Councilman Ryan, it was unanimously: RESOLVED, that the Town Board does hereby appoint Paul Winick, 104 W Garden Road as Chair of the Housing Authority, for a one year term, said term expiring September 1995; and 5 September 21, 1994 BE IT FURTHER, RESOLVED, that the Town Board does hereby also appoint Susan Sidel, 412 Chestnut Avenue, as a member of the Housing Authority, for a five year term, said term expiring September 1999. 2. Approval of Local Waterfront Revitalization Revisions Phyllis Wittner, the newly appointed Chair of the Coastal Zone Management Commission, spoke of the original adoption of the program back in 1986 and how there are revisions that are important to make to that original document. She said that CZMC had studied and made recommendations for the proposed revision. After some discussion, it was decided to prepare a resolution on this item for the first meeting in October. 3. Authorization -Consulting Agreement-Ward Associates Mr. Altieri explained that authorization was needed to hire Ward Associates as Consultants in regard to the Hommocks Fields, and that in said agreement clarification was made which had been recommended by Counsel including on the section regarding soil testing. Councilwoman .O'Keeffe questioned the wisdom of adopting an agreement that the Board had not seen before the meeting. After a brief discussion, it was decided to hold this over to the next meeting so that the Board members would be able to review the agreement. 3. Resolution Re: Cable 1V Councilman Ryan reminded the everyone that at the last Board meeting, a resolution had been approved 'tolling the deadline' for a Form 12000 filing by.TCI. He explained the Cable TV Board of Control had met on September 14, to review the filings made by TCI and that the Board of Control had made recommendations for action as well as proposing two resolutions that everyone had been given copies of. He said that the resolutions were self-explanatory, but he would answer questions if there were any. Councilwoman O'Keeffe stated that she admired the work that Councilman Ryan did on the Cable Board, especially since she did not understand half of what it all meant. Thereafter, on her motion, seconded by Councilman Ryan, it was unanimously decided to adopt the recommendations of the Cable TV Board of Control and the two resolutions are as follows: WHEREAS, the Larchmont-Mamaroneck Cable TV Board of Control has received and reviewed the Form 1210 rate filings, which includes form 1215 & 1210 made by TCI East, Inc., on behalf of UA-Columbia Cablevision of Westchester Inc., d/b/a TCI Cable of Westchester, and (2) published a notice that such filings are available for public review and comment, and (3) provided for public comments regarding the rate filings and other relevant matters thereto;and 6 September 21, 1994 WHEREAS, it is the Board's duty to submit its recommendation to the Villages of Larchmont and Mamaroneck and the Town of Mamaroneck regarding TCI's rate filings so that the municipalities may render a decision regarding rates for basic cable service and equipment. NOW THEREFORE, BE IT RESOLVED, that: Section 1. The recommendation of the Larchmont Mamaroneck Cable TV Board of Control regarding Form 1210 Filings is adopted; and the recommendation, the public and TCI comments shall be submitted to the municipalities for their consideration in rendering a decision regarding rates for basic cable service and equipment; and Section 2. Public comments shall be received until noon on September 19, 1994, and TCI shall respond to the attached recommendation and any public comments not later than noon on September 19, 1994; and any times for notices, comments and response provided for in the municipalities' rate regulations are hereby waived as required to implement this section, given the need to act expeditiously in this matter; and the attached recommendation of the Larchmont Mamaroneck Cable TV Board of Control regarding Form 1210 Filings is adopted; and the recommendation, the public and TCI comments shall be submitted to the municipalities for their consideration in rendering a decision regarding rates for basic cable service and equipment; and Section 3. TCI shall submit its comments directly to Joseph Fraioli, Administrator, Larchmont-Mamaroneck Cable TV Board of Control, do Village of Mamaroneck, 169 Mt. Pleasant Avenue, Mamaroneck, NY 10543 RESOLVED, that all the attached recommendations are adopted as written: RECOMMENDATION At this point, there is insufficient information on which to base a final decision on basic service and equipment rates. For reasons stated above, the Board therefore recommends that the Municipalities toll the deadline for acting on the rates by adopting the attached Resolution. At the same time, the Board also proposes that the Municipalities allow the proposed basic rates to go into effect subject to refund and further investigation, effective October 1, 1994. This will ensure that, if further investigation shows that the rates should have been even lower than those proposed in the Form 1210 filings, additional-reduction can be ordered, along with appropriate refunds. It also ensures that TCI is not able to enrich itself by charging higher rates than it proposes during the pendency of the Form 1210 investigation. We also recommend that the Municipalities authorize the filing of a complaint concerning expanded basic rates. The complaint form is simple and once filed,-requires no further action by the Board or the Municipalities. 7 September 21, 1994 WHEREAS, under Federal and local law, the Town of Mamaroneck is permitted to regulate rates for basic cable service and equipment; and WHEREAS, TCI East, Inc. Submitted a FORM 393 filing purporting to justify the rates proposed by UA Columbia Cablevision of Westchester, Inc. D/b/A TCI Cable of Westchester(`TCI'); and WHEREAS, on June 30, 1994, the Municipality issued a resolution tolling the deadline for acting on the rate filing for 90 days; and WHEREAS, on August 15, 1994, TCI submitted a new rate filing on FCC form 1200 pursuant to new FCC rate regulations so that the rates proposed in the Form 393 fling are not in effect, but are relevant for purposes of calculating refunds to subscribers; and WHEREAS, based upon a review of the record pertaining to the Form 393, including comments received from the public and TCI, the Town of Mamaroneck has concluded that the "Form 393 rates' (the rates TCI charged from September 1, 1993 through the date those rates were superseded by the Form 1200 rates)were unreasonable, and require further investigation; NOW THEREFORE, BE'IT RESOLVED, by the Town of Mamaroneck that: SECTION 1. "the recommendation of the Larchmont/Mamaroneck Cable TV Board of Control regarding Form 393 filing, Q1.7(`recommendation') , is adopted as the order of this body and explain the basis for its actions. As provided therein, TCI is ordered to refund basic service and equipment charges above the rates its Form 393 stated were the maximum permissible rates and charges. The refunds must be made in accordance with local law and FCC rules, with interest. Refunds may be deferred subject to Q6 (A) of the Recommendation. Section 2. The Form 393 rates shall be subject to further investigation, reduction and refund. Pursuant to 47 C.F.R. SS 76.933 TCI is ordered to keep adequate accounts and records of all amounts received by reason of the rates in issue (the Form 393 rates) and on whose behalf such amounts were paid. . Section 3. TCI shall provide an additional opportunity to justify its in-home wiring maintenance fee, as provided in Q6 c of the recommendation. Section 4. Nothing in this resolution approves or endorses the rates that were or are being charged by TCI, and the Municipality reserves all rights 8 September 21, 1994 under applicable law to order reductions in those rates and refunds to the full extent permitted by law. Section 5. Public notice shall be given that this resolution has been adopted and is available for review. 5. Authorization - Receive Proposals - Deferred Compensation Plan The Administrator explained that he had given the Board copies of the Request for Proposals for a 457 Deferred Compensation Plan for Town employees and elected officials, and that for several years there has been an interest shown by employees and union representatives for the Town to establish a plan. He added that he and union rep's had met with financial advisers to learn more about the plans and outlined for the Board the following: Deferred compensation would allow public employees to contribute a portion of salary (pre-tax)to a retirement account; public employees are governed under Section 457 of the Internal Revenue Code and Section 5 of State Law, which states that public employees may contribute as little as•$20 per month and up to $7500 per year through payroll deduction; and that a person may withdraw funds from the program when they retire or terminate their employment, or when they reach 70, or if they experience an emergency. Mr. Altieri said that the cost to the Town would be minimal, and that employees would be contributing their own money and that since it is pre-tax money, the Town's federal tax and FICA would be reduced. He noted that the actual cost would be $100 to set up the deduction system and $200 for four reports throughout the year. He as a result requested their approval to receive proposals. After discussion, on motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, it was unanimously agreed that: WHEREAS, the Town of Mamaroneck has considered the establishment of a deferred compensation plan to be made available to all eligible employees and elected officials pursuant to Section 457.of the Internal Revenue Code, NOW THEREFORE, BE IT RESOLVED, that the Town Board does hereby authorize the Town Administrator to request proposals for the above stated project in the New York State Register and in the Westchester Daily Times for a 457 deferred compensation plan carrier. . • 6. Authorization -Sale of Surplus Vehicles Mr. Altieri said that he had prepared and given to the Board a list of surplus vehicles which are no longer necessary to the Town and he was recommending that the Board declare them surplus and to give him authorization to initiate the sale of them. 9 September 21, 1994 Councilwoman O'Keeffe asked if the vehicles couldn't be recycled to other departments and that she understood that police vehicles are well used but that there might be something more efficient to do with these cars. The Administrator replied that the vehicles were very well used and that the mileage and condition dictated that they be replaced and that in many instances the police cars are cycled to other departments, like the detective bureau, highway and such. On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously: RESOLVED, the Town Board of the Town of Mamaroneck does hereby declare the below listed vehicles as surplus; and BE IT FURTHER, RESOLVED, that the Town Board does authorize the Town Administrator to initiate the sale of the following vehicles: 1992 Ford -Gray VIN # 2FACP72WONX212513 1991 Chevrolet- Gray VIN # 1G1BL53E7MR136740 1990 Chevrolet -Gray VIN # 1G1BL5472LA155547 1979 Pontiac - White VIN # 2Q37Y9P225169 1990 Chevrolet- VIN # 1G1BL5478LA155195 1976 Ingersol Rand VIN # 125 1968 Asphlund VIN # 7034 7. Salary Authorizations - Recreation On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, the following resolution was unanimously approved: RESOLVED, that the Town Board does hereby authorize, as provided for in the 1994 Town Budget, the payment of salary to the following Hommocks Park Ice Rink employees: Joanne Schroeder, Cashier, $10.00 per hour, effective 9/28/94. Sarah Lanza, Cashier, $9.50 per hour, effective 9/28/94. Gina Tunno, Assistant.Cashier, $8.00 per hour, effective 9/28/94. Dennis Lunde, Manager, $9.00 per hour, effective 9/16/94. Brian Ritz, Manager, $9.00 per hour, effective 9/16/94. Kevin Lawless, Manager, $10.00 per hour, effective 9/28/94. Jim Distler, Manager, $10.00 per hour, effective 9/28/94. John Vaughn Johnson, Manager. $10.00 per hour, effective 9/28/94. Rob Deshensky, EMT, $7.50 per hour, effective 9/28/94. Doug Carroll, EMT, $7.50 per hour, effective 9/28/94. Stephanie Zalewski, EMT, $7.50 per hour, effective 9/28/94. Mark Baumblatt, EMT, $7.50 per hour, effective 9/16/94. 10 September 21, 1994 Gary Reben, Skate Room Attendant, $6.50 per hour, effective 9/26/94. James Schroeder, Skate Guard, $5.50 per hour, effective 9/26/94. Bobby Lunde, Skate Guard, $6.00 per hour, effective 9/26/94. Charlie Meola, Skate Guard, $6.50 per hour, effective 9/26 94. Danielle Severino, Skate Guard, $6.50 per hour, effective 9/26/94. Craig Ryan, Skate Guard, $6.00 per hour, effective 9/26/94. Gina Tunno., Skate Guard, $6.00 per hour, effective 9/26/94. Dennis Lunde, Alternate Skate Guard, $7.00/hour, effective 9/26/94. Brian Ritz, Alternate Skate Guard, $7.00/hour, effective 9/26/94. Mark Baumblatt, Alternate Skate Guard, $7.00/hour, effective 9/16/94. Jennifer Lang, Alternate Skate Guard, $6.00/hour, effective 9/16/94. • ADJOURNMENT There being no further business, except the Supervisor reminding everyone to vote on the Fire District referendum,.on September 27, on motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, the meeting was unanimously adjourned. Submitted by, Patricia A. DiCioccio, Town Clerk • C:1 MSOffice lWinwordlnew194194Now109-94109-21-94.Iast.doc 11