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HomeMy WebLinkAbout1995_06_14 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, June 14, 1995 - Town Center- Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into a Work Session to discuss the sidewalk replacement program and the Hommocks Rink study. CONVENE REGULAR MEETING RECESS INTO WORK SESSION CONVENE WORK SESSION RECESS WORK SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL BOARD OF FIRE 1. Fire Claims 2. Other Business PRESENTATION - George Latimer, County Legislator AFFAIRS OF THE TOWN 1. Authorization - Sale of Land 2. Authorization - Engineering Services - Hommocks Catwalk 3. Resolution - Cable TV 4. Authorization - NYSPIN Agreement 5. Authorization - Settlement of Insurance Claims 6. Authorization - Capital Project - Contour Maps 7. Salary Authorization - Recreation - Building Department Next regularly scheduled meetings - June 28, 1995 - July 12, 1995 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. 1 REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON WEDNESDAY, JUNE 14, 1995 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NY CONVENE EXECUTIVE SESSION Executive Session of the Town Board was duly opened at 7:00 PM in Conference Room A of the Town Center. The purpose of the Work Session was to discuss the sidewalk replacement program and the Hommocks Ice.Rink Study. On motion duly made and seconded the Board adjourned the Work Session. CONVENE REGULAR MEETING The Regular meeting of the Town Board was called to order by Supervisor Price at 8:25 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 A. DiCioccio, Town Clerk I 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. ORAL COMMUNICATIONS Ed Clarke asked to speak on the Monroe School Property. The Supervisor invited him to use the microphone and added that we had so often heard from him on this subject that he keep his comments brief. Mr. Clarke then asked if the Board had received the signed agreement from the owner of the Early Beginnings Learning Center. The Administrator replied that the owner has been in the hospital which had caused a delay in the execution. Mr. Clarke said that he had requested the costs for the purchase and operation of the Monroe Property and since there was bond payments on the purchase price, and only half the rent was paid during 1994, the loss of revenue was $60,000. He added that there had been numerous occasions of late or no payment of rent by the daycare center, and that this property was a drain to residents and should be sold. Supervisor Price reminded Mr. Clarke that this Board had listened to him regarding his viewpoint on this property and she welcomed all opinions, but others had also spoken when 6/14/95 the property was first considered for purchase and many had spoken in favor of the Town retaining this property. She told him that the process for public input had been followed and was solid, with the Board hearing from everyone wishing to be heard on the subject. The Supervisor added that one of her duties was to resolve disputes, but that his facts and statements on.this subject were skewed. She noted that the during the J g review process in 1989 he should have added his voice then on his disagreeing with the purchase, the decision was made and the Board agreed on the method of payment. Supervisor Price added that there had been many reasons for the decision to purchase, such as knowing that a group home was thinking of purchasing it, it provided a environmental buffer zone as the property adjoins the reservoir property, and it also gave us another site for a day camp. Councilman Weprin stated that he disagreed with Mr. Clarke on the purchase and that this Board does believe this to be an appropriate use of property for numerous reasons, and if at the end of the lease period for the daycare center, we feel differently we will then take action. Councilman Ryan said that in 1989 the Board decided to keep this property and since the property is located adjacent to the reservoir, its not being further developed will provide protection to the wetlands as well. Supervisor Prices reiterated that the Board was looking at long-range planning that will enable the Town to maintain quality of life and services, and that a committee had made recommendations on the use of property, and it worked in well for our summer camp program , and it provides a definite buffer to a environmentally sensitive area, the purchase worked in well for all those reasons and more. She said that as to the lease contract, that once the Town was into a contract, to undermine it would be meanspirited, adding that there were ethical issues running through this dialogue. Addressing Mr. Clarke, she emphasized that the Board had worked hard to keep an open dialogue, but that he had been continuing this for six months, and we have repeatedly explained our thoughts on the purchase to you all no avail. Councilwoman O'Keeffe, said that she did not doubt the good faith of the Board members when the land was purchased, but was so in 1989 isn't so now. She said that this Board should revisit the issue, that a lease had been signed not knowing that the tenant was in arrears, and that she did not want to kick someone when down, they should relook at the whole matter, adding that they might consider subdividing the property and sell the house. Councilwoman O'Flinn said that the things that are being said this evening are just repeats of past arguments, that she believed that the purchase had been the right decision, that the Town had entered into an agreement that should be abided by, and that the summer camp program located there if the most popular site. She added that one reason people moved into our Town was because of our recreation programs. John Perone said that he had been present when the agreement was revised to include a difficult clause, and asked if the agreement was signed. The Administrator again repeated that it hadn't because of the owner's hospitalization and the need for review by her attorney. Mr. Perone said that this property should be kept by the Town. Adding that its the economic effect which should be reviewed, and should a difficulty with the tenant happen again, the Town wouldn't have to subsidize them. Supervisor Price replied that it would be awkward to initiate a study while saying we support the daycare center, and that the Recreation Committee had done an initial study of alternative uses for the property, but it is touchy when the center needs our support. Mr. Perone said that the rent went unpaid and on one knew about it, but that the problem is that we have to be prepared should a deficit happen, we should plan for the possibility. The Town Attorney then reminded the Board members that there was a contractual agreement between the daycare center and this Board and there should be concern regarding statements made that may affect her business. Mr. Perone said that there had been no meanspiritness intended, but that there is not a signed agreement,the commitment is verbal and its prudent to consider alternatives. 2 6/14/95 Richard Murphy told the Board members that they are busy enough without involving themselves with the nursery school, that we shouldn't be managing real estate, that school taxes are so high that maybe a better use could be only using the property seasonally. He then asked about reevaluation of property assessments. Supervisor Price said that the Town supported reassessment, that between 1960 and 1990 the assessment roll averaged an increase of at least two million every year, but in the Town the roll had gone down two million every year, and that were three million dollars in outstanding tax liens. She then explained the impacts of reevaluation when other communities would then be more in line with current values. Eugene Levy stated that he was a CPA and therefore knew that the Town had an economic loss for the Monroe Property. Kelly Jones, President of the New York State Taxpayer Alliance said that he stuck by the numbers as presented by Mr. Clarke and that the statement of ethics was one-sided, that more consideration should be given the taxpayer. Alan Mason said that he had been watching the meetings and they were beginning to resemble the OJ trial, that these items have been repeated constantly, the Board should be commended for buying the property, adding that he was a taxpayer too. PRESENTATION -County Legislator-George Latimer The Supervisor welcomed Mr. Latimer apologizing for the lateness. Mr. Latimer promising to be brief, said that he was here to update the Board members on current happenings with the County government. He outlined that: County Executive reporting that there would be a loss of 800 jobs, and that an early retirement system was being studied for implementation. Downsizing and consolidation of departments are being actively pursued, with the provisolthat services still be maintained. The reassessment issue is still pending mainly because of a lack of communication with Albany. The impact of a 3.3 tax increase by the County has had differing impacts because of assessments. Westchester Medical Center was being reviewed for a altering of the structure by which it functions through County Government. The sewer study with alternative financing plans were being looked into that would not make the impact be onerous, one of which is to district the sewers rather than separate costs by Town. DEC will have to revise the deadline for the implementation. Compensation and retroactive pay issues would be reformed and the plan should be ready by mid-July. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 10:05 PM in the Court Room. 3 6/14/95 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, thereafter on her motion, seconded by Commissioner Ryan, 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: AAA Emergency Supply Co. $ 73.89 AAA Emergency Supply co. 1202.85 AAA Emergency Supply co. 1170.00 Dri-Chem Extinguisher co. 87.00 Dri-Chem Extinguisher co. 223.95 Dri-Chem Extinguisher co. 304.98 Dri-Chem Extinguisher co. 135.00 Excelsior Garage & Machine Works, Inc. 473.40 Gall's, Inc. 249.88 Gall's, Inc. 601.92 Gall's, Inc. 962.90 Hills Signs 179.00 J &J. Barish 43.64 John Peter Maguire Auto Parts Dist., Inc. 298.74 Met Path 23.45 Metro North 295.50 Metrocom North 283.00 Mount Vernon Iron Works 875.00 New Rochelle Restaurant Supply., Inc. 117.65 NYNEX 9.00 Poland Spring 43.23 R.G. Brewer, Inc. 123.32 Staples 50.87 Town,of Mamaroneck Fire Department 375.00 Town of Mamaroneck Professional Fire Fighters 204.36 Valhar Chemical Inc. 324.15 Westchester Italian Bakery 159.00 $ 9,537.34 Capital Fund Bisceglia Brothers co. $ 5,860.00 Bisceglia Brothers co. 73,035.00 Bisceglia Brothers co. 21,923.00 B & L Plumbing and Heating Co., Inc. 3,600.00 Call A Head Corp 150.00 Dover Elevator Company 37,012.00 NYNEX 117.35 SRI Fire Sprinkler Corp 417.54 Tartaglione Consultants 21,360.00 Tartaglione Consultants 13,826.67 Williams Scotsman 303.00 Total $ 179,584.56 Grand Total $ 189,121.90 4 6/14/95 AFFAIRS OF THE TOWN 1. Authorization — Sale of Land The Administrator reminded the Board that during the budget review they had incorporated a revenue from the sale of excess parcels of land owned by the Town of Mamaroneck and that now the authorization is being requested to implement the sale of two parcels, one on Jason Lane, the other on Gatehouse Lane. He said that the assessor had prepared a description of the properties with maps and had decided upon a minimum bid price for each parcel. On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was, WHEREAS, the Town currently owns two (2) parcels of property, one located on Jason Lane consisting of approximately 10,400 square feet, and being known and designated Block 207, Lot 470, and the other parcel being on Gatehouse Lane, consisting of approximately 30,752 square feet and known and designated as Block 330, Lot 392; NOW THEREFORE, BE IT RESOLVED, that the Town Board does hereby declare Lot 207, block 470, on Jason Lane, and Block 330, Lot 392 on Gatehouse Lane surplus property no longer required by the Town; and BE IT FURTHER RESOLVED, that based upon the information supplied by the Town Assessor as to the value of similarly situated properties in the Town of Mamaroneck that Block 207, Lot 470 should be sold for a minimum price of$125,000 and Block 330, Lot 392 should be sold for a minimum price of$200,000; and BE IT FURTHER RESOLVED, that the Town Administrator is hereby authorized to proceed with the auction of Block 207, Lot 470, and Block 330, Lot 392, and to accept bids for such properties at prices no less than the minimum prices fixed in this resolution; and BE IT FURTHER RESOLVED, that upon obtaining a bid or bids for the properties in excess of the minimum prices fixed by this resolution, the Town Administrator shall report to the Town Board and make recommendations as to the sale of the properties to the high bidders, which sale shall be subject to permissive referendum. Ayes: Weprin, O'Keeffe, Ryan, O'Flinn, Price Nays: None 2. Authorization - Engineering Services - Hommocks Catwalk Mr. Altieri said that authorization was being requested to enter into an agreement with Mueser Rutlege Consulting Engineers to provide engineering services in connection with the replacement of the catwalk located in the Hommocks Marsh area. He explained that field engineering work was needed to determine the pile capacity and length for piles required for the construction of the catwalk, and that the expenditure was not to exceed $3,500. 5 W15 A brief discussion ensued, then on motion of Councilwoman O'Flinn, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby authorize the expenditure of an amount not to exceed $3,500 to Mueser Rutledge Consulting Engineers for their providing engineering services to determine pile capacity and piles lengths for the construction of a catwalk at Hommocks Marsh, said funds to be expended from the Town Engineer budget. 3. Resolution RE: Cable TV- 1210 Filings Councilman Ryan explained that this resolution had been recommended by the Cable TV Board of Control, and still was in connection with the 1210 filings, requesting that Form 1205 Filing be adopted and the submission of comments to the municipalities. On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, it was unanimously, A RESOLUTION PROVIDING FOR ADDITIONAL TIME TO REVIEW THE FORM 1205 FILING 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 3, 1995, TCI East, Inc. submitted a filing on Form 1205 purporting to justify an increase in the rates for equipment and installations charged by UA-Columbia Cablevision of Westchester, Inc. d/b/a/TCI Cable of Westchester("TCI"); and WHEREAS, the Municipality has issued an order pursuant to 47 C.F.R. § 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 TV Board of Control, the Municipality finds that the Municipality is still in the midst of the Form 1200 rate review, and, additional time is required to investigate the 1205 filing; and WHEREAS, to reserve all of its rights and protect subscribers' interest in potential refunds, the Municipality may be required to issue an order on or before June 30, 1995, and if so, such order must require 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 RESOLVED, that: Section 1. TCI may charge rates for installations and equipment no higher than the rates that TCI has proposed and which it purports to justify in its Form 1205 rate filing. 6 6/14/95 Section 2. Such rates shall,.be collected subject to further reduction and refund. TCI must keep adequate accounts and records of all amounts received with respect to installation 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, installation or equipment to any individual subscriber or group of subscribers, and may not implement any new or additional charges for basic service, installation 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. §76.933(c). Section 5. Public notice shall be given that this Resolution has been adopted and is available for review. 4. Authorization -- NYSPIN Agreement This was explained by the Administrator, who said that this was the agreement between the Town and the New York Statewide Police Information Network for the police computer link to the Department of Motor Vehicles. He said the cost is $178.00 per month and the amount is included in the 1995 Town Budget. On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the agreement with the New York Statewide Police Information Network at a cost of $178.00 per month as provided for in the 1995 Town Budget, which provides for them to continue the computer link for the exchange of information to the Town Police Department. 5. Authorization — Settlement of Insurance Claims Authorization was requested to pay a claim settled by Reliance Insurance Company on the Town's behalf for damages to Sylvie Dauvin's vehicle in the amount of$4,320.25. The Administrator advised the Board that the deductible under the Town's insurance policy is $25,000. • On motion of Councilwoman O'Keeffe, seconded by Councilwoman Ryan, it was unanimously, WHEREAS, Reliance Insurance Company has negotiated a settlement with Sylvie Davin on behalf of the Town for$4,320.25; and WHEREAS, the Town's deductible is $25,000 and said settlement being below that amount; NOW THEREFORE, BE IT 7 6/14195 RESOLVED, that the Town Board does hereby authorize the expenditure of$4,320.25 to Sylvie Davin in settlement for damages caused by a Town Truck on May 23, 1993 at the corner of Forest Avenue and Weaver Street. 6. Authorization -Capital Project - Contour Maps Mr. Altieri explained that the contour maps would be delivered in digitized format for use on the computer,that it was a Part-Town charge, and should be ready by the end of September. In response to a question, he explained the digitization and then said that funds in the amount of$55,000 would have to authorized for transfer into the Capital Fund to set up Project 95-2 (Preparation of Contour Maps). There was a short discussion. On,motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board hereby authorizes the transfer of funds in the amount of$55,000 from the General Fund-PT to Capital Fund to set up Project 95-2, account no. H-8020-5001 for the preparation of contour maps. 7. Salary Authorizations -- Recreation -- Building Department The Administrator said that these recreation authorizations were for the usual staffing that occur during the summer season. He added that the salary authorizations for the Building Department had been budgeted and were for summer interns in that department, noting that David Leeds, who had worked in the department during the past two summers, was slated for an increase to his hourly rate from $7.00 per hour to $7.50, and the other authorization was for Kathleen Harney at$7.00 per hour, noting that she would be assisting in several projects within the department. Recreation Department RESOLVED, that as provided for in the 1995 Town Budget, the Town Board does hereby authorize the payment of salary to the following: Recreation Department RESOLVED,that as provided for in the 1995 Town Budget the Town Board does hereby authorize the payment of salary to the following: Robert Bove, Tennis Instructor, $12/hour, effective 6/12/95. Nelson Pena, Tennis Instructor, $11/hour, effective 6/12/95. Maria Spano, Alternate Key Attendant, Hommocks Pool, $5.25/hour, effective 6/9/95. Jeremiah Riggans, Recreation Maintenance, $7.50/hour, effective retroactive to 5/23/95. Joanne Murphy, Alternate Swim Instructor, $18/hour, effective retroactive to 6/1/95. 8 6/14195 LIFEGUARDS FULL TIME EMPLY.# RATE PER HOUR JONAS WADLER 3362 5.75 SUSAN ALOISE 3108 6.00 MARIA FRANCELLA 2266 10.00 ELENA PETRUZZELLI 2743 6.50 JENNIFER CURLEY 3141 6.00 JAY DELCO 3363 8.00. ARTHUR HARRIS 3326 5. 50 CATHERINE ARCHIBALD 3347 5.75 ANTHONY CERASOLI 3233 6.50 CHRISTNAN L'HERRISON 3361 8.00 KATIE NARTYN 2635 6.75 PATTY LEE 2283 8.00 MICAH LISSY 297B 7.25 ELIZA8ETA FARAH 6.00 JEN MONIZ 3288 5.75 RUTH SOMOZA 3314 7.50 MONA ELDAHRY 3149 5.75 MARIA SJUNNEMARK 2637 6.25 ROBERT WITTICH JR. 3336 6.00 GABRIELLA ALFOLDI 3009 6.50 DARA 8RAITMAN 3124 5.75 TRACEY AUGUSTINE 3150 5.75 DANIELLE SEVERINO 2709 7.75 JEFF PIRZINGER 3360 5.50 REBECCA RITCHIE 3334 6.00 JOANNE MURPHY 3354 9.00 SPENCER TANNENBAUM 3152 5.50 STEVE HOWARD 3047 10.00 RO8BIE BUOD 3325 6.25 JOE ISIDORI 3051 6.00 PETER O'BRIEN 3112 5.75 KATE DONOVAN 3134 6.00 JOSEPH TAMAGNA 3364 6.50 KEY ATTENDANTS TIM LISCHKE 2991 5.50 PRANOV SHUKKA 3281 5.00 JEANNE O'BRIEN 3155 5.00 CATDY MADIA 3298 4.75 ANDREW PHILIPS 3339 4.75 HILLARY WASHINGTON 3111 5.00 ALTERNATE KEY ATTENDANTS COURTNEY HARMER 3340 4.75 KATHERINE KIRCHOFF 2993 5.25 AMY SCHAEFER 3338 4.75 EVAN VIESER 3055 5.25 ARON MOLLEGHAN 3346 4.75 SHANNON FAULKNER 3337 4.75 MARIA SPANO 3359 5.25 BRIAN GALLARELLO 3133 4.75 SWIM INSTRUCTORS RUTH SOMOZA 3314 16.50 CHRIS VAUGHN 2423 16.50 a 6/14/95 ALTERNATE MANAGER STEVE.HOWARD 3047 10.00 CHRISTOPHER.VAUGHN 2423 10.00 RAYMOND YANG 2451 11.00 JOANNE MURPHY 3354 10.00 MARIA FRANCELLA 2266 10.00 LAURA PURCELL 3320 10.00 JIM CUNNINGHAM 2679 10.00 SIMONE COSTA 3054 10.00 TONI ANN VALENTINETTI 3313 12.00 GREG JOHANSON 1892 10.00 MANAGERS DEAN REBEN 1216 13.00 MIKE EDELSTEIN 1980 12.50 DARRIN SIDES 3312 12.00 A SWIM COACHES RAYMOND YANG 2451 700.00 STEVE HOWARD 3047 500.00 CENTRAL CAMP GUARDS RUTH SOMOZA 3314 8.00 CHRIS VAUGHAN 2423 8.00 Building Department RESOLVED, that the Town Board does hereby authorize the salary of $7.00 per hour to Kathleen Harney, who shall assist in the Building Department for the summer as an intern, said salary effective as of June 12, 1995; and BE IT FURTHER, RESOLVED, that authorization of salary to David Leeds, a returning summer intern who is assisting in the computerization of the Department is approved with an increase in the hourly rate to $7.50 per hour. Supervisor Price said that she wanted to discuss resident concerns in regard to the Leaf Blower Law. She said that some gardeners have been overstating the effects of the law, and mostly this law requires mostly good will to implement, then the Board would review the impact and maybe prefer changing the ban to start later in the year. Councilman Ryan suggested that part of the problem may be caused by the confusion between the Town's law and that of Larchmont's law. John Perone, who rented a office in the building, questioned the safety of the barrier that had been constructed in the parking lot. 10 6114195 Mr. Altieri replied that the Police and Fire Departments had been checked with on the construction of the island and that the island addressed a serious safety problem in which cars were cutting and speeding through the lot. Mr. Perone said that he'd been told that no one had contacted the police and that the barrier could conceivably have an affect on police response time, that the fire department might not be able to get a truck through and suggested speed bumps be used. The Supervisor said that she had spoken to Police Chief Rivera about the barrier. Ernie prompted that the Board be commended for not spending a lot of time and money on a study The Supervisor said that the next meeting of the Board would be held on June 28, and that representatives from The Food Pantry would be giving a presentation. ADJOURNMENT Councilwoman O'Keeffe requested that this meeting be adjourned in memory of Mary Sera, who had just passed away. She said that Mary had been a neighbor, and a friend to the community. Supervisor Price offered her condolences asking that they also be added to the minutes, thereafter on motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby adjourn the Board Meeting held on Wednesday, June 14, 1995 in the Court Room of the Town Center Building, in memory of Mary Sera, said meeting closing at 11:10 PM. Patricia A. DiCioccio, Town Clerk 11