HomeMy WebLinkAbout1995_05_03 Town Board Regular Minutes TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING -Wednesday, May 3, 1995 -Town Center- Court Room - 8:15 PM
THE TOWN BOARD WILL CONVENE at 7:00 PM into an Executive Session to discuss
certiorari and personnel and adjourn at 7:30 PM into a Work Session to discuss the
equalization entranceway signs.
CONVENE REGULAR MEETING
RECESS INTO EXECUTIVE SESSION
ADJOURN EXECUTIVE SESSION
CONVENE WORK SESSION
RECESS WORK SESSION
RECONVENE REGULAR MEETING
CALL TO ATTENTION - Location of Exits
PROCLAMATION - E. Robert Wassman
Tribute in Memory of Lavenia Brewer
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Business
PUBLIC HEARINGS - Bond Resolution - Improvement of Water Facilities -Water District
No. 1
-Amendment to Local Law 5-1984 - Police Commissioner
-Amendment to Local Law 12-1991 - Fire Safety Zones
AFFAIRS OF THE TOWN
1. Appointments - Budget Advisory Committee
- Conservation Advisory Commission
2. Authorization - Lease Agreement - Rollerdome
3. Authorization -Transfer of Funds
4. Authorization - Temporary Signs - Larchmont Lions Club
5. Salary Authorization - Recreation
- Town Clerk's Office - Records Management Clerk
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS
REPORTS OF THE COUNCIL
Next regularly scheduled meetings - May 17, 1995
- June 7, 1995
Any physically handicapped person needing special assistance in order to attend the
meeting should call the Town Administrator's office at 381-7810.
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REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE
COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON WEDNESDAY,
MAY 3, 1995 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W.
BOSTON POST ROAD, MAMARONECK, NY
CONVENE EXECUTIVE SESSION
The Executive Session of the Town Board to discuss personnel and certiorari was duly opened at
7:00 PM in Conference Room A of the Town Center and at 7:30 PM they adjourned into a Work
Session. The purpose of the Work Session was to discuss signs at the entranceways to the Town
Center parking lot. On motion duly made and seconded the Board adjourned at 8:20 PM to the
Court Room to Reconvene the Regular Meeting.
CONVENE REGULAR MEETING
The Regular meeting of the Town Board was called to order by Supervisor Price at 8:15 PM.
PRESENT:
Supervisor: Elaine Price
Councilwoman Kathleen Tracy O'Flinn
Councilman Paul A. Ryan
Councilwoman Valerie M. O'Keeffe
Councilman Barry Weprin
Also Present:
Patricia DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Attorney
CALL TO ATTENTION
Supervisor Price pointed out to those assembled the locations of exits as required by law for
public gatherings.
PROCLAMATION - E. Robert Wassman
Supervisor Price introduced Bob and Eleanor Wassman and then presented him with a
proclamation commemorating Bob's valor during World War II. (Proclamations at end of minutes)
She asked Bob if he would tell us the circumstances surrounding his being awarded the Silver
Star.
Mr. Wassman told of his service on the U.S.S. Franklin just prior to the invasion of Okinawa and of
his ship being hit in an air attack which trapped many men below deck and how he had helped
them to safety. He also said that a special show had been done on the incident.
TRIBUTE - in Memory of Lavenia Brewer
George Burchell, a former Supervisor and Judge was introduced and he explained that this item
had been added to the agenda at his request. He said that he had first met Ms. Brewer when he
was elected Supervisor; then he introduced Former Supervisors Helwig and Vandernoot, saying
May 3, 1995
that they all worked with her. They all spoke on her efficiency, loyalty, knowledge of the Town and
procedures. John Perone and Lee Bloom added there comments.
The Supervisor thanked them all and-Presented them with a proclamation to Ms. Brewer. (At end
of minutes.)
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 8:55 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
1. Fire Claims:
Commissioner O'Flinn presented fire claims for authorization of payment , thereafter 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
AAA Emergency Supply Co., Inc. $ 1,263.50
AAA Emergency Supply Co., Inc. 16.00
Austin-Edward Co. 58.00
Cleaning Systems 457.31
Fire Engineering 24.95
J &J Barish 22.56
Metrocom North, Inc. 388.00
New England Uniform Company 924.00
New Rochelle Water 183.06
Printwear Plus 852.00
Sound Shore Pest Control Inc. 80.00
Westchester Joint Water works 15,120.00
Total A $ 19,389.38
CAPITAL PROJECTS FUND
(Table B)
VENDOR AMOUNT
SRN Contracting Corp. $ 23,850.00
SRN Contracting Corp. 1,350.00
Tartaglione Consultants 1,980.00
Tartaglione Consultants 13,826.6700
Total B $41,006.67
TOTAL A $ 19,389.38
TOTAL B $ 41,006.67
GRAND TOTAL $60,396.05
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May 3, 1995
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 9:01
PM.
PUBLIC HEARING - Bond Resolution - Improvement of Water Facilities
Public Hearing was opened on motion of Councilwoman O'Keeffe, seconded by Councilwoman
O'Flinn.
The Administrator explained that this item had been voted upon at a previous meeting, but
because of a mix-up with the publication, the vote would have to be taken again. The item called
for a Public Hearing on a bond resolution in Waster District for Tanks Replacement in the amount
of $615,000.
Bond NO 52461-378P
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 the 3rd
day of May, 1995, at 8:15
o'clock P.M. Prevailing Time.
PRESENT:
ELAINE PRICE,Supervisor
KATHLEEN T. O'FLINN, Councilwoman
PAUL A. RYAN, Councilman
VALERIE M. O'KEEFFE, Councilwoman
BARRY A.WEPRIN, Councilman
In the Matter
of • ORDER
the Increase and Improvement : CALLING
of Facilities of Water District: PUBLIC
No. 1 of the Town of Mamaroneck : HEARING
Westchester County, New York :
WHEREAS,the Town Board of the Town of Mamaroneck,Westchester
County, New York, has duly caused to be prepared a map, plan and
report including an estimate of cost relating to the increase and
improvement of Water District No. 1 within said Town, consisting of
the replacement of water tanks at various water district locations,
including original furnishings,equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in
connection therewith, at a maximum estimated cost of$615,000; and
WHEREAS, said capital project, as proposed, has been
determined to be a Type II Action pursuant to the regulations of
the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review Act,
which regulations state that Type II Actions will not have a
significant effect on the environment; and
WHEREAS, it is now desired to call a public hearing on the
question of the increase and improvement of the facilities of Water
District No. 1 in the matter described above, and to hear all
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May 3, 1995
persons interested in the subject thereof,concerning the same, in
accordance with the provisions of Section 202-b of the Town Law;
NOW,THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows:
Section 1. A public hearing will be held at The Town Center,
in Mamaroneck, New York, in said Town, on the 3rd day of
May, 1995, at 8:15 o'clock P.M., Prevailing Time,
on the question of the increase and improvement of the
facilities of Water District No. 1 within the Town of Mamaroneck,
County, New York in the manner described in the
preambles hereof, and to hear all persons interested in the subject
thereof,concerning the same, and to take such action thereon as is
required or authorized by law. ('
Section 2. The Town Clerk is hereby authorized and directed
to cause a copy of the Notice of Public Hearing hereinafter
provided to be published once in THE DAILY TIMES,the
official newspaper of said Town, and also to cause a copy thereof
to be posted on the sign board of the Town,such publication and
posting to be made not less than ten, nor more than twenty days
before the date designated for the hearing.
Section 3. The notice of public hearing shall be in
substantially the following form:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Mamaroneck,Westchester County, New York,will meet at The Town
Center, in Mamaroneck, New York, in said Town,on the 3rd day
Of May, 1995, at 8:15 o'clock 2 .M., Prevailing Time,for the purpose
of conducting a public hearing upon a certain plan and report prepared
in relation to the proposed increase and improvement of the facilities of
Water District No. 1 in the Town of Mamaroneck,Westchester County,
New York, consisting of the replacement of water tanks at various water
district locations, including original furnishings,equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in
connection therewith, at a maximum estimated cost of$615,000.
Said capital project, as proposed, has been determined to be
a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to
the State Environmental Quality Review Act,which regulations state
that Type II Actions will not have a significant effect on the
environment.
At said public hearing said Town Board will hear all persons
interested in the subject matter thereof.
Dated: Mamaroneck, New York
April 25, , 1995
BY ORDER OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, WESTCHESTER COUNTY, NEW YORK
By Patricia A. DiCioccio
Town Clerk
The question of the adoption of the foregoing Order was duly put
to a vote on roll call, which resulted as follows:
BARRY A. WEPRIN VOTING AYE
VALERIE M. O'KEEFFE VOTING AYE
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• May 3, 1995
PAUL A. RYAN VOTING AYE
KATHLEEN T. O'FLINN VOTING AYE
ELAINE PRICE VOTING AYE
The Order was thereupon declared duly adopted.
PUBLIC HEARING -Amendment to Local Law No. 12-1991 - Fire Safety Zones
The Town Attorney said that the purpose of this law is to amend the locations designated as fire
safety zones in the Town by adding zones on certain streets in the Town and that is also provided
for fines and better defined who would be able to issue summonses.
Supervisor Price asked if anyone wished to speak either in favor of or against the proposed law.
There being no response, she explained that the safety zones were being adopted per the
recommendation of the fire and building departments.
Upon motion duly made and seconded the hearing was closed.
The Supervisor and Councilman Weprin both thanked staff and the Fire Department for their work
on this document. Thereafter on motion of Councilman Weprin, seconded by Councilman Ryan,
the following law was adopted unanimously:
LOCAL LAW No. 8-1995
This Local Law shall be known as Amendment to Local Law No. 12
of 1991 Fire Safety Zones".
Section 1. Purpose:
The purpose of this Local Law is to amend the locations designated as Fire Safety Zones
and other provisions under Local Law No. 12 of 1991 as follows.
Section 2. Amend Section 2
Add the following locations and areas to the schedule of Fire
safety Zones contained in section 2:
Hommocks Ice Rink - Hommocks Road - Commencing at the front entry
of the Ice Rink along the emergency service road at the side and rear of
the building 400 ft. to the southwesterly corner of the building, then to
the parking lot edge, then; northwesterly 160 ft. by 24 ft. wide, along the
paved area at the rear of the service building, then; beginning at a
point 40 ft. from the northeasterly corner of the service building
northwesterly 100 ft. along the rear fenced area, between the rink
and the school to the northeasterly corner of the rink building and, then;
westerly 200 ft. along the front of the rink building ending at the front entry.
The driving lane of the parking area behind the rink shall be
included, with a striped entry path, 24 ft. wide and 130 ft. long
from the current road entrance ending at the rear of the service
building.
The access area at the Town parking lot along the pool fence
shall have the "No Parking Between Signs" changed to a Fire Lane
prohibition with the paved area in front striped to maintain
emergency equipment access.
Larchmont Diner-2399 Boston Post Road - Commencing at the
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May 3, 1995
northwesterly corner 100 ft. east along the retaining wall ending
at the customer parking area.
Ferndale Shopping Center- 1330 Boston Post Road - Commencing at
a point 75 ft. east of the easterly corner of the building, 230 ft. west to
the northwesterly corner of the property, then; westerly 300 ft. along
the rear property line and then south 140 ft. along the interior lot line,
then; along the south wall of the building 320 ft. ending at the corner of
the building.
Gap/Gap Kids - 1340 Boston Post Road - Commencing at the
northeast corner of the building northwest along the building, 80 ft.
ending at the northwest corner of the building. Also; commencing
at the southwest corner of the building northeast 35 ft. along the side
of the building, ending at the loading zone.
Hommocks Park Apartments - 2-116 Hommocks Road -Commencing at
the northwesterly driveway at Hommocks Road southwest 200 ft.
between the line of garages, then; 100 ft. southeast along the rear wall of
Building no. 4, then; northeast 200 ft. between the line of garages ending at the
southeasterly driveway at Hommocks Road.
Giant Carpet - 1329 Boston Post Road - Commencing at the southwest corner
of the building 15 ft. southeast along Old Hommocks Road to access the Siamese
Connection for the building's fire sprinklers.
Beginnings Early Learning Center-685 Weaver Street- Commencing at the
driveway intersection with Weaver Street, 100 ft. northwest along the driveway
and around the small turnaround area.
CVS/Staples Shopping Center- 2440-2444 Boston Post Road - Commencing at the
northwest corner of the building south along the building line 275 ft. ending at the
southwest corner of the building nearest Boston Post Road.
Badger Day Camp - 119 Rockland Avenue - Commencing at the edge of Rockland
Road at the service entry road 750 ft. along the length of the road south and east into the
property.
Saxon Woods Country School - 2 Fairway Drive -An amendment to the previously passed
fire land to stipulate the length from the southwest entry 100 ft. into the
circular drive and along the front of the building.
Mamaroneck Town Center- 740 W. Boston Post Road - Commencing at the
northwest corner of the parking lot at the front entry area 150 ft. northwest along
the south side of the roadway ending adjacent to the police vehicle parking area.
Section 4. Amend Section 5:
"Section 5 - Exemptions: Emergency vehicles, in the performance of emergency services,
shall be exempt from the provisions of this Local Law.
Section 5. Amend Section 6:
"Section 6 -Violations: Any violation of this Local Law shall be a violation
punishable by a fine of no less than Fifty Dollars $50.00) nor more than Two
Hundred Fifty Dollars ($250.00).
Summonses for violations of this Local Law may be issued by the Town of Mamaroneck
Police Department or by the Town of Mamaroneck Building
Inspector or the Building Inspector's designee.
Section 6. Severability:
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May 3, 1995
Should any provision of this Local Law be declared illegal or unconstitutional
by a court of competent jurisdiction, to the extent that the other provisions of
this Local Law can be implemented without such illegal or unconstitutional
provision, such other provisions shall remain in effect.
Section 7. Effective Date:
This Local Law shall take effect immediately.
I
PUBLIC HEARING -Amendment to Local Law No. 5-1984 - Police Commission
The Town Attorney said that the purpose of this law is to change the composition of the Police
Commission from three to five members by the inclusion of all Board members.
I Supervisor Price commented that when the original law was passed John McGarr who was then a
councilman had been concerned about overloading board members and that now that they've had
a chance to evaluate it there does not seem to be an unwieldy amount of time necessary to serve
as Police Commissioners.
Judy Spikes, from the Soundview News asked if the structure could be explained.
Mr. Silverberg replied that it simply meant that the Town Board as a whole would serve as a Board
of Police Commissioners, with the Supervisor serving as Chair.
The Supervisor in reply to a question by Mr. O'Gorman, explained the reasoning behind the choice
of the Town Board serving on the Commission versus the appointment of residents, which she
emphasized saying that prior boards had changed that system in favor of a Police Commissioner
from the then board appointed commission.
On motion duly made and seconded, the public hearing was closed.
Thereafter, On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, the following
local law was unanimously.adopted:
LOCAL LAW NO. 7 -1995
This Local Law shall amend Local Law No. 5-1984, entitled "Police
Commissioner, Town of Mamaroneck".
§ 1. Purpose.
The purpose of this local law shall be to provide for the
efficient administration of the Police Department the Town.
§ 2. Board of Police Commissioners.
The Town Board hereby establishes a Board of Police
Commissioners which shall consist of the Town Board.
The Supervisor shall chair the Board of Police Commissioners.
§ 3. Powers of the Board of Police Commissioners
The Board of Police Commissioners shall have all of the powers
and duties granted to a Board of Police Commissioners under Chapter
104 of the Laws of 1936, as amended, except to the extent those
powers or duties are otherwise delegated to the Chief of Police by this
local law.
§ 4. Powers of the Chief of Police
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May 3, 1995
A. The Chief of Police shall hire, discipline and promote
members of the Department, establish departmental rules and
regulations and be responsible for the day-to-day operation of the
Department, all subject to approval by the Board of Police
Commissioners and all other applicable laws governing such activities.
B. In carrying out the day-to-day operations of the Department,
the Chief of Police shall have reasonable discretion to take such actions as
are necessary to ensure the safe and efficient operation of the
Department, in a manner consistent with accepted police practices;
provided, however, that fundamental policy changes, including those
which should properly be included in Department rules and regulations,
shall be subject to the restrictions contained in Subsection A of this
section.
C. The Chief of Police shall periodically, and not less than
quarterly, report to the Board of Police Commissioners personally on the
status of the Police Department and its personnel.
D. Except as to the discipline of the Chief of Police, all formal
departmental disciplinary charges shall be brought by the Chief of Police,
subject to the requirements of applicable law. All such charges shall be
heard by a hearing officer appointed by the Board of Police
Commissioners. In the case of discipline of the Chief of Police, such
charges shall be brought by the Board of Police Commissioners and shall
be heard by a hearing officer appointed by the Board of Police
Commissioners.
E. In all other instances the Board of Police Commissioners shall
be granted all the powers and duties granted to a Board of Police
Commissioners under Chapter 104 of the Laws of 1936, as amended.
§ S. Inconsistencies with State Law
It is the purpose and intent of this local law to supersede Chapter
104 of the Laws of 1936, as amended, as it relates to the powers and
duties of the Chief of Police and the Board of Police Commissioners.
The Town Board, pursuant to the authority granted to the Town Board
by the Municipal Home Rule Law, may supersede such a special act of the
legislature, and to the extent that such special act of the legislature is
inconsistent with this local law, then Chapter 104 of the Laws of 1936, as
amended, is hereby superseded.
§ 6. Applicability of other laws.
In all other respects, the Police Department of the Town of
Mamaroneck shall be governed by applicable law.
§ 7. Repeal
Local Law Number 5 of 1984, as subsequently amended, is hereby
repealed.
§ 8. Severability
Should any provision of this law be declared invalid by a court of
competent jurisdiction, such declaration shall not invalidate any remaining
provision of this law which may otherwise be given effect.
§ 9. Effective Date
This law shall become effective immediately.
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MAY 3, 1995
1. Appointments- Budget Advisory Committee
-Conservation Advisory Committee
Councilwoman O'Keeffe offered the name of Geoffrey Young to be placed in nomination to the
Budget Advisory Committee, stating her conviction that Mr. Young would be an excellent member.
On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, it was unanimously,
RESOLVED, that the Town Board does hereby appoint Geoffrey Young as a
member of the Budget Advisory Commission for a term to take affect
immediately.
Conservation Advisory Commission
Councilwoman O'Flinn said that Fran Snidiker had shown an interest in serving on this
commission and,
On motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe, it was unanimously,
RESOLVED, that the Town Board does hereby appoint Fran Snidiker as a
member of the Conservation Advisory Commission for a term to begin
immediately.
•
2. Authorization - Lease Agreement-Rollerdome
The Administrator said that he had received the amended Rollerdome license agreement that had
been approved by the Recreation.Commission which provided for one year licensing, enabling the
Recreation Commission to explore the possibility of the Ice Rink becoming a year round
recreational facility.
The Supervisor requested the Attorney to outline the terms of the lease. Mr. Silverberg replied that
it was for one season only, provided for reimbursement for custodial services, that the flooring
being installed at their expense was in lieu of rent and that if the lease is not renewed the flooring
would be purchased by the Town at half the cost, and if they choose not to renew the lease the
floor would be given to the Town at no cost. He added that they would have to maintain insurance,
and they will provide an $8000 deposit to insure against damage to the flooring.
Following questions regarding the possible uses that the flooring would make available in the
event of our obtaining it, Bill Zimmermann, Recreation Superintendent, listed the following uses:
Adult& Teen Volleyball
Summer Soccer Camp
Soccer
Summer Camps
Adult Exercise
Line Dancing
Men's Basketball
Teen &Youth Activities
Adult Lacrosse.
Councilwoman O'Keeffe asked Mr. Zimmermann that if the Rollerdome was not to be located there,
how long could the ice rink actually be used. He replied that use could be from September
through May.
On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously,
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May 3, 1995
Councilwoman O'Keeffe asked Mr. Zimmerman that if the Rollerdome was not to be located there,
how long could the ice rink actually be used. He replied that use could be from September
through May.
On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously,
RESOLVED, that the Town Board does hereby authorize the license
agreement between the Town and Rollerdome as amended on May 2, 1995.
I
ADDED ITEM
Appointment - Planning Board
Supervisor Price said that she wanted to nominate Alan Mason to fill this position on the Planning
Board. She said that he would be a valuable addition because of his involvement in the creation of
our environmental laws, also because he has a long history in the Town giving him a good
background on the problems we face; and also because he has an engineering background as
well. The Supervisor noted that Dr. Mason had agreed to act as a liaison to the Coastal Zone
Management Commission until a replacement could be found.
On motion of Supervisor Price, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that the Town Board does hereby appoint Alan Mason, 482
Weaver Street, to the Planning Board, said term expiring July 1999.
Library Board of Trustees
Reappointments
On motion of Supervisor Price, seconded by Councilwoman O'Flinn, it was unanimously,
RESOLVED, that the Town Board does hereby reappoint Jack Coughlin and
Ted Eisler as Trustees of the Larchmont Library Board for a term of to begin
immediately.
3. Authorization - Transfer of Funds
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously,
RESOLVED, that the Town Board does hereby approve the transfer of funds
for Project 91-1 - Purchase of Automobiles for Police and Recreation
Departments as follows:
FROM TO
FROM TO AMOUNT ACCOUNT NOS.
Gen Fund-GT Capital Fund $15,000 A-9950-0 H-3120-5001
Gen Fund-PT Capital Fund $70,000 B-9950-0 H-3120-5001
RESOLVED, that the Town Board does hereby approve the transfer of funds
for Project 94-1 - Purchase of Computers Ill for various departments as
follows:
FROM TO
FROM TO AMOUNT ACCOUNT NOS.
Gen Fund-GT Capital Fund $10,000 A-9950-0 H-1680-5003
Gen Fund-PT Capital Fund $ 9,500 B-9950-0 H-1680-5003
Fire Dist Capital Fund $ 5,000 SF-9950-0 H-1680-5003
Sewer Dist Capital Fund $ 5,000 SS-9950-0 H-1680-5003
Sewer Dist Capital Fund $ 10,000 SW-9950-0 H-1680-5003
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4. Authorization - Temporary Signs - Larchmont Lions Club
The Administrator said that Mr. Jakubowski, Building Inspector had written a memo
on behalf of the Lions Club which requests that they be allowed to erect temporary
signs on Palmer Avenue and Weaver Street. He explained that the signs were for the
Lions Club fund raiser- Hole-in-One-Contest.
On motion of Councilwoman O'Keeffe, seconded by Councilman Rya, it was
unanimously,
RESOLVED, that the Town Board does hereby approve the
request for temporary signs made by the Lions Club for their
fund raiser, said signs are to located on the corner of Palmer
Avenue and Weaver Street, and the second sign is to placed
on the corner of Hommocks and Boston Post Road.
5. Discussion - TCI Form 1210 Rate Filing
Councilman Ryan explained the Cable TV Board of Control position on increases to
rates by TCI and said that formal filings of protest by the three municipalities would
once again have to be made. He added that the passage of this resolution was being
recommended by the UM Cable TV Board of Control. He added that this resolution
once again pertained to the Form 1210 filing by TCI, and that it would allow the rate
proposed in the Form 1210 filing to go into effect subject to further review and
possible refunds.
On his motion, seconded by Councilman Weprin, the following resolution was
unanimously adopted:
RESOLUTION
A RESOLUTION PROVIDING FOR ADDITIONAL TIME TO REVIEW THE
FORM 1210-SERIES FILINGS SUBMITTED ON BEHALF OF UA-COLUMBIA
CABLEVISION OF WESTCHESTER, INC. AND DIRECTING THAT RECORDS BE KEPT
FOR PURPOSES OF MAKING REFUNDS
WHEREAS, under federal and local law, the Town of Mamaroneck
("Municipality") is permitted to regulate rates for basic cable service
and equipment; and
WHEREAS, on March 30, 1995, TCI East, Inc. submitted a series of
filings (including Forms 1210 and 1215 and an Inflation Adjustment for
Systems Eligible for Transition Relief) purporting to justify higher basic
service rates by UA-Columbia Cablevision of Westchester, Inc. d/b/a/
TCI Cable of Westchester("TCI") proposes to charge; and
WHEREAS, the Municipality subsequently issued an order pursuant to
47 C.F.R. S 76.933 (b), tolling the Municipality's initial 30 day deadline
for review to request and/or consider additional information; and
WHEREAS, based upon the recommendations of the Larchmont-
Mamaroneck Cable Board of Control, the Municipality finds that it is
still in the midst of the Form 1200 rate review, and that additional time
is required to investigate the 1210 filings;
WHEREAS, to reserve all of its rights and protect subscribers' interest
in potential refunds, the Municipality must issue and order requiring
TCI to keep adequate accounts and records so that TCI can comply if
the Municipality later issues a rate decision that requires TCI to pay
additional refunds:
NOW THEREFORE, BE IT
May 3, 1995
RESOLVED, that the Town Board of the Town of Mamaroneck does
hereby approve the following:
Section 1. TCI may charge a rate for basic service no higher than the
rate that TCI has proposed and which it purports to justify in the 1210
Filings;
Section 2. Such rate shall be collected subject to further reduction
and refund. TCI must keep adequate accounts and records of all
amounts received with respect to basic service and equipment rates,
and on whose behalf such amounts were paid, so that TCI is able to
pay refunds if the Municipality later issues a rate decision that requires
TCI to pay refunds;
Section 3. TCI may not increase rates for basic service or equipment
to any individual subscriber or group of subscribers, and may not
implement any new or additional charges for basic service or
equipment, absent prior review and approval by the Municipality,
• except as federal law otherwise provides;.
Section 4. This Resolution is the accounting order required by 47
C.F.R. S 76.933 (c).
Section 5. Public notice shall be given that this resolution has been
adopted and is available for review.
6. Salary Authorizations - Recreation
- Records Clerk -Town Clerk's Office
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was
RESOLVED, that as provided for in the 1995 budget the Town -
Board does hereby approve the authorization of salary to the
following:
Jessica Kellogg, Temporary Office Aid, $6/Hour, effective retroactive to 4/24/95.
Lisa Martier, Life Guard, Hommocks Pool, $5/hour, effective retroactive to 4/7/95.
Records Management Clerk
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was
RESOLVED, that as the Town Board does hereby approve the
authorization of salary to Marc Samela, at the rate of$9.50 per
hour as records management clerk effective May 1, 1995.
ORAL COMMUNICATIONS
Lee Bloom, former Councilman in the Town informed everyone that the Human
Rights Commissions would be sponsoring the Eighth Annual Martin Luther King
Recognition event at the Emelin Theater. He said there would be Keynote speeches
by students involved in a program called "Make it Happen, there also would be the
12
May 3, 1995
presentation of the award for extraordinary services to the community given to
Marzella Garland. He added that refreshments would be served and that everyone
was welcome to attend.
Ernie Odierna complained that the recycling bins are being left out all day and
questioned what the procedure was. After an explanation by the Administrator, Ernie
advised him and the Board to attempt to better inform the residents on the policy
because he did not think that the policy was being followed.
The Supervisor announced that she had received word from the Police Chief
informing her that one of our detectives, Mike Cindrich would be receiving a second
place Macy Award for his investigative work of the Lester Avenue murders. She
added her congratulations.
Supervisor Price also noted that Kathy Kopa, Director of Community Services would
had also received an award for outstanding service.
ADJOURNMENT
Supervisor said that the next Board meeting would be held on May 17, and asked for
and received a motion and second to adjourn.
Upon unanimous vote the meeting was adjourned at 10:47 PM.
• Patricia A. DiCioccio, Town Clerk
13
May 3, 1995
1 PROCLAMATION
1 ROBERT WASSMAN
II 01 WHEREAS The Town of Mamaroneck recognizes the exemplary leadership and inspiring act of
courage of Robert Wassman during World War II i
WHEREAS Lieutenant Robert Wassman received the Silver Star Medal for heroic acts aboard the i
1 U.S.S. Franklin off the coast of Japan on March 19, 1945
, i
WHEREAS After his ship was hit in an enemy air attack trapping numerous men below the fig
I
IV
deck, "with great courage and disregard for his personal safety, he made his
way through many compartments flooded with water and filled with ge
dense smoke, and, after repeated efforts over a period of several hours,
succeeded in rescuing the rapped men" //
WHEREAS His valor, compassion andtico r ge-=y empfly he truest traditions of the United
States Naval Service and e nboo t e est characteristics of the human spirit
.44:144.4i:' _,'-'4-r' . i
NOW THEREFORE BE IT RESOD � W :.,.Atr,;'M. • A i
that I, Supervisor IIaine Pnce, and member of the Town Council pause to join
with the residents o th own of Mamaronecicto celebrate that memorable day and
commemorate Bo s ofound contribution to, is fellow man.
IN WITNESS `®a REOF, I have hereunto seamy hand and caused the seal of the
Town of Mamac e k to be affixed this 18t al,"
of April, 1995
tt
_, -ty..*.:,:.4*.
£ .
� �
j .LL,Elaine Price '
1 ,1/e-e-. ,� f-k , yid:,, -fd-
PtIA . 1
Kathleen Tracy O'Flinn, Councilwoman Paul A. Ryan, ouncilman ta) j4: .(A)0{,a_
1 ,n ' , i
1 . 4 _//i__ /AI ._Valerie Moore •'Keeffe, Coun��6// oman Barry A.We.rin, Councilman
Attested to by: (..., 4,. i
1 PSy-,t4_. talt&cza.
Patricia A. DiCioccio, Town Clerk 10,4 1 ‘. 1 A -6
i' t,it[C;,4:t Ff:t4i i
14
May 3, 1995
I i
PROCLAMATION
iig Lavenia Brewer
WHEREAS, The death of Lavenia Brewer on April 13, 1995 , former i
confidential secretary to 5 Town Supervisors, profoundly affected many of her
friends and co-workers and was a sad loss to the Town of Mamaroneck; and
WHEREAS, Lavenia, possessed such a large capacity for friendship and i
enjoyed the affection and esteem of an extensive circle of friends throughout her
decades of devoted service to our community; and
1 WHEREAS, In spite of advancing years her spirits always remained
P gY P
1 young and she had the gift of endearing herself to all who were so fortunate as to
have come in contact with her. Encompassing the highest ideals and integrity, with
manners of rare courtesy and dignity, Lavenia was the ideal archetype of a
traditional New York lady, a special honorifor the Town of Mamaroneck; and
giCA *, 1
.
WHEREAS, In placmg�u�on the •riutes this appreciation of her
attainments and character, thlown-B�oard inli rs of the Town of Mamaroneck I/
add their personal sense of thel oss�Aw"lnch we haVe sustained
y CI
An ‘'''' - , 1 i
RESOLVED, that v tender to her family o sincere condolence in their
-,-, 4e,
, i
sorrow.
RESOLVED, tha'thiis PROCLAMATION b:1 spread upon the minutes
«t lent.:.
of the Town Board and ter'. a copy be transcribed and sent to her son,
Jack Brewer.
kAtfit I/
IN WITNESS WHEREOF, .have hereunto set yliand and caused the seal of
the Town of Mamaroneck to be affixed this 3rdfd y of May 1995. 8
airws, Ai 0,"
i
Elaine Price, Supervisor
— i
K;thleen Tracy O'Flin , Councilwoman Paul A. Ryan, ouncilman i
\--(120},..— Arnk 0 ' , /
-5 4', ii0,44,-- 8
Valerie Moore O'Keeffe, Counci I an Barry A.Weprin, Councilman•
Attested to by: , /C4.. '."- i
l
0)(: „_______. 11111alk.!■.- .___,,,,__
Patricia A. DiCioccio, Town Clerk 0 r '' \
:
gl
'
:`rry 4•�• �9i �1 V.2.�tiall
Me '-�! 1, . 1. II. J"
15