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HomeMy WebLinkAbout1994_10_05 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING- Wednesday, October 5, 1994—Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE AT 7:00 PM into an Executive Sessionto discuss contracts and personnel and then adjourn at 7:30 PM into a Work Session to discuss Memorial Park. CONVENE REGULAR MEETING RECESS INTO EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION CONVENE INTO WORK SESSION RECESS WORKSESSION RECONVENE REGULAR MEETING CALL TO ATTENTION -Location of Exits ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS—Letter of Congratulations REPORTS OF THE SUPERVISOR REPORTS OF THE COUNCIL BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Appointments 2. Consideration of LWRP Revisions 3. Transfer of Funds—Capital Projects 4. Report on Murray Avenue Resurfacing 5. Salary Authorization - Management and Non-Union Personnel - Recreation Next regularly scheduled meetings - October 19, 1994 -November 2, 1994 REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD WEDNESDAY, OCTOBER 5, 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 PM, at which time a motion duly made and seconded, the meeting was unanimously declared adjourned into an Executive Session to discuss contracts and personnel. At 7:30 PM 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 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 8:25 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 October 5, '1994 1. Fire Claims Commissioner O'Flinn presented fire claims for authorization of payment and on her motion, seconded by Commissioner O'Keeffe, 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 VENDOR AMOUNT AT&T $ 57.06 Brigante Lawnmowers 7.50 Brewers 64.13 Cellularone 329.49 Cellularone 242.72 Coyne Textile Service 58.21 Cleaning Systems 174.55 Dri-Chem 570.00 Dri-Chem 602.00 Dri-Chem 103.00 Everson Ross 122.95 John Peter Maguire 420.00 Home Fair Camera 48.46 Larchmont Auto 97.75 Lawrence Heat & Oil 118.58 NYNEX 9.00 N. E. Uniform 144.00 NFPA 234.65 State Insurance Fund 5040.00 Town of Mamaroneck Fire Dept. 375.00 Unitech Electronics 100.50 Westchester Joint Water Works 149.05 Wilkie Farr& Gallagher 7560.00 TOTAL $16,628.60 2. Other Business - Firehouse Referendum Commissioner Price reported that the Firehouse referendum had been held on September 27, and the referendum had passed by a small margin. She said that out of a possible 7,000 voters only 200 had voted and the referendum had won by a two vote margin. Commissioner Price also said that a large segment of the residents who voted voiced concern about the elevator, saying that it was too grand an idea. She explained that under the ADA law, it is required that any public building be accessible to those with disabilities, this is mandated by law and although firefighters did not want it, there was no choice. She added that the State should be mandated to fund projects that they set mandates for. Commissioner Ryan suggested that while we are speaking of state mandates, he felt that the Wicks Law was part of the reason for the overrun and that this also should be repealed. There being no further business to come before the omission, on motion of Commissioner Weprin, seconded by Commissioner O'Flinn, the Commission unanimously adjourned at 8:45 PM. 2 October 5, 1994 AFFAIRS OF THE TOWN 1. Appointments - Planning Board -Zoning Board Councilwoman O'Keeffe said that she would like to make the motion to name Edward Goyne to be reappointed to the Planning Board, that motion was then seconded by Councilwoman O'Flinn, and it was unanimously: RESOLVED, that the Town Board does hereby reappoint Edward L. Goyne, 9 Maple Hill Drive, as a member of the Planning Board for a term of seven years, said term to expire July 2001. On motion by Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously: RESOLVED, that the Town Board does hereby reappoint J. Renee Simon, 85 Taylor Place, as a member of the Zoning Board of Appeals for a term of five years, said term to expire February 1999. 2. Consideration of LWRP Revisions The Supervisor explained that this item would be held over as Phyllis Wittner, Chair of the CZMC was meeting with the Larchmont Village Board this evening about the amendment to the LWRP, and that Mrs. Wittner would be at our next meeting to update us on the program and amendment that will have to be submitted to the State. 3. Transfer of Funds - Capital Projects The Town Administrator said that authorization was being requested for the Town Comptroller to transfer funds in the amount of$15,000 from the Town Wide General Fund Account No. A9900.9950 to Capital Project#9101 in Account No. H3197.3120-5001 Purchase of Automobiles. He reminded the Board that the Town Budget includes an appropriation for$15,000 for the replacement of a pickup truck that is for the Recreation Department and that this purchase was in accordance with the Town's five year Capital Equipment Program. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously: RESOLVED, that the Town Board does hereby authorize the Town Comptroller to transfer funds in the amount of$15,000 from the Town Wide General Fund Account No. A9900.9950 to Capital Project#9101 in Account No. H3197.3120-5001 Purchase of Automobiles, for the replacement of a pickup truck in the Recreation Department. 4. Report on Murray Avenue Resurfacing 3 October 5, 1994 Supervisor Price reported that Westchester County opened the bids for the Murray Avenue resurfacing project on September 28 and that the specifications in the contract requires that the contractor complete the p e project within 45 days. She said that the project was slated to begin on October 24, moreover that the Administrator was to set up a meeting between the school officials and the County to ensure a safe arrangement be made for the children during the resurfacing project. Mr. Altieri added that there were to be changes to the intersection at Echo Avenue, which will create two 90-degree intersections that should improve the safety at those corners. Richard Bennatti, a Murray Avenue resident, expressed his concern about safety issues during the project, and that it was difficult now to cross. The Administrator responded that this change to the intersections should alleviate much of the problem. A resident asked which section of Murray or Echo would the contractor begin resurfacing. Mr. Altieri answered that after meeting with the School and the County he would know more precisely where the project would begin, but until then it would be speculation. She then stated concern that this resurfacing would cause the street to become the "Murray Avenue Expressway" and asked if the residents could expect police patrols. The Supervisor reassured her, saying that enforcement was a legitimate concern and that she would talk to the Police Chief about it. Councilwoman O'Keeffe said that parking will present a problem, that cars are parked on both sides of the street near the school, and that the school and police should monitor the parents dropping their children off, opening car doors on the street side and generally putting other children and parents at risk, adding that Bus 56 compounds an already bad problem. There then ensued a lengthy dialogue regarding safety, scheduling, parking, and other anticipated problems involved with the resurfacing of Murray. 5. Authorization Consulting Agreement-Ward Associates The Administrator reminded the Board members that this item had been carried over from the previous Board meeting because the final agreement had not been drawn up, and that he had distributed copies to them of the finalized document. He said that of the $6,500 fee, $1,500 was for soil testing, and that would still have to be revised in the agreement. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously:. RESOLVED, that the Town Board does hereby authorize the Agreement with Ward Associates, for a total fee of$6,500, and a fee not to exceed $1,500 for soil testing; and BE IT FURTHER, RESOLVED, that for the above fee Ward Associates shall prepare a master site plan for the refurbishment of the Carpino-Steffens Athletic Field, and that the Town Administrator is hereby authorized to execute said Agreement on behalf of the Town. 4 October 5, 1994 6. Authorization -Concession Agreement- Hommocks Ice Rink/Pool Councilman Ryan commented that both the Recreation Commission and Bill Zimmermann, Superintendent of Recreation had worked long and hard on this project - which should prove to be a benefit to all out residents, because the final agreement called for a larger payment to the Town; and also because the Concessionaire was experienced in this type of environment and a true professional. Councilwoman O'Keeffe asked if she would be able to review the menu before voting on this item. And on motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously RESOLVED, that the Town Board does hereby authorize the Agreement with Statewide Industrial Catering Inc., 1675 Roosevelt Avenue, Bohemia, New York, which provides that they will operate a concession stand located at the Hommocks Ice Rink as outlined in the agreement; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said Agreement on behalf of the Town. 7. Salary Authorizations - Management& Non-Union Personnel - Recreation Mr. Altieri said that he had provided the Board with the schedule of proposed 1994 salaries for management and non-union staff, which had been discussed by the Town Board, and that the salaries reflected an increase of 4.5 percent. He said that the staff would also receive a one time increment of$400 that will not be added to the base salary, and this type of compensation is similar to those approved for CSEA and Firefighters. Councilman Weprin voiced concern over the percentage rise of 4.5 percent in this economy, and that it was difficult at best to give any raise, but one over the inflation rate felt uncomfortable. Councilwoman O'Keeffe related her concern also, saying that although she was sympathetic, the CPI had increased only 2.5 percent, and that she voted for an increase of 4.5 percent, but not over that. She said that giving an additional $400 and that the pay raise was retroactive to last January was more than she felt comfortable with. Councilwoman O'Flinn said that although she also understood the problem that Councilwoman O'Keeffe had with the increased percentage, that one of the things that should be taken into account is that when our Town management salaries were compared with other municipalities just last year, it showed that our salary level was not even up to average, that in most instances we were well below even the average, let alone the well below scale. Councilwoman O'Keeffe reiterated that she was comfortable with 4.5 percent, but not over that, and requested that the Administrator look into a performance based system. Supervisor Price stated that it was a very difficult year for our department heads, and it was understood already that we would be looking into a performance based system. But, she said, the salaries were set well under the median, and the difference in percentage caused by an incentive amount of$400 was minimal. On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was 5 October 5, 1994 RESOLVED, that the Town Board does hereby approve the salary increase for the year 1994, retroactive to January 1994 as follows: 1994 Salary Schedule Executive/Department Heads Stephen V. Altieri Town Administrator $82,075 Richard Rivera Police Chief 71,060 Carmine DeLuca Comptroller 58,615 Ross Valenza Assessor 44,605 William Zimmermann Recreation Superintendent 62,460 Kathleen Kopa Community Services Director 36,575 William Jakubowski Building Inspector 60,180 Thomas Russell Building Superintendent 37,410 Shimon Gitlitz Deputy Superintendent of Highways 48,530 Administrative/Technical Staff Robert Lunde Ice Rink Manager $34,070 Bernardo DiSotto General Foreman 44,225 Paulette Gabbriellini Assistant to the Town Administrator 37,950 Clara Tracy Assistant to the Town Administrator 38,920 Eve Nudelman Environmental Coordinator 29,785 Lillian Robustelli Secretary to the Town Supervisor 33,670 Kathleen Graham Secretary to the Police chief 33,585 The staff in these categories would also receive a one time increment of$400 which will not be included in the base salaries. *The following positions will not receive the increment: Building Superintendent, General Foreman Ayes: Weprin, Ryan, O'Flinn, Price Nays: O'Keeffe Recreation Dept. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that as provided for in the 1994 Town Budget, the Town Board does hereby authorize the payment of salary to the following: Richard Rella, Open House Program, $45/session, effective 10 14/94. James Grieco, Open House Program, $35/session, effective 10/14/94. Gail Guaneri, Open House Program, $30/session, effective 10/14/94. James Grieco, Teen Center, $35/session, effective 10/14/94. Gail Guaneri, Teen Center, $35/session, effective 10/14/94. Daniel O'Keefe, Head Swim Instructor, Hommocks Pool, $17.50/hr, effective 10/1/94. Jessica Gush, Life Guard, Early Morning Swim Program, $20/session, effective retroactive to 9/5/94. M. Sjuinnenmark, Alternate Life Guard, Hommocks Pool, $6/hour, effective retroactive to 9/14/94. Margaret Manion, Life Guard, Hommocks Pool, $5.50/hour, effective retroactive to 9/14/94. Alana Kelton, Program Director, Skating School, $9,000/season, effective 9/27/94. 6 October 5, 1994 Yvonne Holle, Instructor, Skating School, $15/class, effective 10/11/94. Debra Rowan, Instructor Skating School, $16/class, effective 10/11/94. Hilde Kaplan, Instructor, Skating School, $16/class, effective 10/11/94. Diana Moore, Instructor, Skating School, $16/class, effective 10/11/94. Amy DeNicola, Instructor, Skating school, $16/class, effective 10/11/94. Slavka Buttonf, Instructor, Skating School, $16/class, effective 10/11/04. Dorothy Crowley, Instructor, Skating School, $16/class, effective 10/11/94. Annemarie Simone, Instructor, Skating School, $16/class, effective 10/11/94. Diane Morris, Instructor, Skating School, $16/class, effective 10/11/94. Kami Netri, Instructor, Skating School, $16/class, effective 10/11/94. Penny Doyle, Instructor, Skating School, $16/class, effective 10/11/94. Rebecca King, Instructor, Skating School, $15/class, effective 10/11/94. Amy Schliftman, Instructor, Skating School, $15/class, effective 10/11/94. Sheryl McSherry, Instructor, Skating School, $15/class, effective 10/11/94. Tiffany LeBlanc, Instructor, Skating School, $11/class, effective 10/11/94. Erin Morris, Instructor, Skating School, $11/class, effective 10/11/94. Cathy Cilento, Women's Fitness, $55/session, effective 10/6/94. Susan Gedan, Women's Fitness, $30 session, effective 10/6/94. Sarah Lanza, Women's Fitness, $20/session 10/6/94. William Reilly, Man's Fitness, $55/session, effective 10/6/94. Suzanne Elson, Volleyball„ $45/session, effective 11/27/94. Linda Leva, Cashier, Hommocks Park Ice Rink, $9/hour, effective 9/30/94. Added item - Bond Resolution - GEIS -Country Club Properties The Administrator explained that Bond Counsel had prepared the necessary papers related to the issuance of serial bonds in the amount of$250,000 that is to pay costs incurred for the preparation of the Generic Environmental Impact Statement (Phase II) concerning the country club properties. He noted that the Board had already authorized by vote this item, that this was the actual authorization for issuance of the bonds. On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the following item was adopted as written: BE IT RESOLVED, by the Town Board, of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying costs relating to the preparation of a generic environment impact statement(Phase 11) concerning country club properties planned in and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $250,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $250,000 and that the plan for the financing thereof shall consist of the issuance of the $250,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 (2nd) 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 7 October 5, 1994 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 in 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 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 hands, 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 section 52.00 of the Local Finance Law and shall otherwise here 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 Sections 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 this twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in full in The Daily Times the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section E31.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilman Weprin VOTING AYE Councilwoman O'Keeffe VOTING AYE 8 October 5, 1994 Councilman Ryan VOTING AYE Councilwoman O'Flinn VOTING AYE Supervisor Price VOTING AYE The resolution was thereupon declared duly adopted. STATE OF NEW YORK COUNTY OF WESTCHESTER I, the undersigned Clerk of the Town of Mamaroneck, Westchester County, New York, DO HEREBY CERTIFY: That I have compared the foregoing copy of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on October 5, 1994 with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY 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 FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date given The Daily Times September 30, 1994 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said conspicuously posted in the following designated public locations on the following dates: Designated Location(s) of posted notice Date of Posting Town Clerk's Bulletin Board September 30,1994 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on this 6th day of October, 1994. (SEAL) ORAL COMMUNICATIONS Ernie Odierna said that he was concerned about the length of time the Gardens Lake Bridge is taking to be completed. The Supervisor reassured him saying that the project had an expected six month run, and it had only been five, everything seemed to be on schedule. Ernie said that there seemed to be a lot of leaves in the lake. Administrator replied that seems to happen around this time of year. The Board and Ernie then discussed leaves, snow, curbside pickup of the leaves, and enforcement of the law regarding snow removal. 9 October 5, 1994 ADJOURNMENT On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the meeting was unanimously adjourned at 9:55 PM, into a Work Session to discuss Memorial Park. Submitted by, I Patricia A. DiCioccio, Town Clerk I C:1MS O FF I CE1WI N WO RD\Minutes\94m i nw110-5-94f.d oc I 10