HomeMy WebLinkAbout1995_08_16 Town Board Regular Minutes TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING -Wednesday, August 16, 1995 -Town Center- Court Room - 8:15 PM
THE TOWN BOARD WILL CONVENE at 6:30 PM in an Executive Session to discuss
personnel and certioraris.
CONVENE REGULAR MEETING
RECESS INTO EXECUTIVE SESSION
ADJOURN EXECUTIVE SESSION
RECONVENE REGULAR MEETING
CALL TO ATTENTION - Location of Exits
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS
REPORTS OF THE COUNCIL
BOARD OF FIRE
1. Fire Claims
2. Other Business
AFFAIRS OF THE TOWN
1. Appointments - Coastal Zone Management Commission
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2. Authorization - Contract of Sale of Real Property- Gate House Lane
3. Adoption of Bond Resolution - Sidewalk Replacement
4. Authorization - School Tax Warrant
5. Authorization - Contract NYS DEC -Jet Sewer Cleaner Grant
6. Authorization - Transfer of Funds -'Hommocks Ice Rink
7. Salary Authorization - Recreation
- Planning &Zoning Board
- Town Clerk's Office
- Record's Management Grant
8. Adoption of Town Budget Calendar
9. Authorization - Settlement of Certiorari Cases
Next regularly scheduled meetings - September 6 1995
- September 20, 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 WEDNESDAY, AUGUST 16 1995 AT 8:15 PM IN THE
MAMARONECK TOWN CENTER COURT ROOM, 740 W
BOSTON POST ROAD, MAMARONECK, NY
CONVENE EXECUTIVE SESSION
The Executive Session of the Town Board to discuss certiorari matters was duly opened
at 6:30 PM in Conference Room A of the Town Center to discuss personnel and certiorari.
On motion duly made and seconded the Board adjourned at 8:15 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
CONVENE 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
1. Fire Claims
The meeting was called to order by Commissioner Price at 8:35 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
AUGUST 16, 1995
Commissioner Weprin presented fire claims for authorization of payment, thereafter on
his 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:
OPERATING FUND
AAA Emergency Supply Co., Inc. $18.00
AAA Emergency Supply Co., Inc. 448.60
AAA Emergency Supply Co., Inc. 18.00
AAA Emergency Supply Co., Inc. 155.80
AAA Emergency Supply Co., Inc. 745.75
Corning-Metpath 67.45
Coyne Textile Service 125.22
Coyne Textile Service 167.22
Dri- Chem Fire 107.00
Galls Inc. 522.92
J &J Barish 24.23
Larchmont Auto Parts Dist., Inc. 20.97
Met Path 156.45
Nynex Information 9.00
Poland Spring 85.01
Rickert Lock &Safe Co. 22.50
Roberts 55.00
Thomas K. Landau 1080.00
Valhar Chemical Co. 91.00
Westchester Joint Water Works 15120.00
New Rochelle Water 183.06
Town of Mamaroneck Professional 204.36
Valhar Chemical _ 55.00
19482.54
CAPITAL FUND
Action Waterproofing 3955.00
Alb & Sons Mechanical Contractor 5142.00
ATT 12.55
B & L Plumbing and Heating Co., Inc. 2147.40
Bisceglia Brothers 13428.35
Bisceglia Brothers 49425.00
Bisceglia Brothers 33325-00
Call A Head Corp. 225.00
Cucinell Electric Co., Inc. 8100.00
Fairway Testing 2133.00
Federal Rent A Fence 645.84
Mount Vernon Iron Works 475-00
Nynex 213-81
Nynex 58.70
Richard Puglise 210.00
Sullivan Architects 5418.61
Tartaglione Consultants 5940.00
Tartaglione Consultants 13826.67
Tartaglione Consultants 204.45
Williams Scotsman 303.00
T & K Woodwork 1200.00
$ 146389.38
GRAND TOTAL $ 165,871.92
There being no further business to come before the Commission, on motion of
Commissioner O'Keeffe, seconded by Commissioner O'Flinn, the Commission
unanimously adjourned at 8:45 PM.
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AUGUST 16, 1995
AFFAIRS OF THE TOWN
1. Appointments -Coastal Zone Management Commission
Supervisor Price said that because of the resignation of Alan Mason there was an opening
on CZM and that she had received a resume from Madelaine R. Berg, an attorney
employed by Stroock& Stroock & Lavan. Her background includes experience with
environmental law, including: Representation of clients in negotiations with federal and
state environmental agencies regarding remedial investigations and cleanup actions.
Defense of clients in government and private cost recovery actions.
Councilwoman O'Keeffe said that although Madelaine seems to be an great candidate she
was uncomfortable because the firm she is employed by is involved in an appeal
concerning the country clubs. Mr. Silverberg said that it is not really a conflict as the
Town is not directly involved and that firm is not retained for the Article 78 procedure.
On motion made by Councilman Weprin, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that the Town Board does hereby appoint
Madelaine Berg, 15 Mardon Road, as a member of the Coastal
Zone Management Commission to fill an unexpired term
effective immediately, said term expiring August 1997.
2. Authorization -Contract of Sale Gate House Lane
The Town Administrator explained that a request was being made to execute the sale of
this property.
After a brief discussion, on motion of Councilwoman O'Keeffe, seconded by Councilman
Ryan, it was unanimously
RESOLVED, that the contract for the sale of this surplus
property is hereby authorized by the Town Board as outlined
in the sale documents; and
BE IT FURTHER,
RESOLVED, that the Supervisor be and is hereby authorized
to execute the contract on behalf of the Town.
3. Adoption of Bond Resolution - Sidewalk Replacement
The Town Administrator explained that this the bond resolution is in the amount of
$115,000.00, and that the original contract for the replacement of sidewalks was
$68,000.00. However, in view of the very favorable pricing received by the Town,
additional sections of sidewalk were incorporated into the contract. In the amount
of approximately $42,000.00, and the balance of the funds to be borrowed, in
accordance with our review of the project with the Town Board, will be applied to
the costs connected with the issuance of the bonds. He then recommended that
the Town Board adopt the bonding resolution.
The following resolution was offered by Councilwoman O'Keeffe, who
moved its adoption, seconded by Councilwoman O'Flinn to-wit:
BOND RESOLUTION DATED AUGUST 16, 1995.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $115,000 SERIAL BONDS
OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,
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AUGUST 16, 1995
TO PAY THE COST OF THE RECONSTRUCTION OF SIDEWALKS
THROUGHOUT AND IN AND FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the capital project
hereinafter described, including compliance with the provisions of the State
Environmental Quality Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital
project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester
County, New York, as follows:
Section 1. For the class of objects or purposes of paying the cost of the
reconstruction of sidewalks throughout and in and for the Town of Mamaroneck,
Westchester County, New York, including incidental expenses in connection
therewith, there are hereby authorized to be issued $115,000 serial bonds of the
Town of Mamaroneck, Westchester County, New York, pursuant to the provisions
of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such
class of objects or purposes is $115,000, and that the plan for the financing thereof
is by the issuance of the $115,000 serial bonds of the Town of Mamaroneck,
Westchester County, New York, authorized to be issued pursuant to this bond
resolution.
Section 3. It is hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24
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
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 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 of 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 or she shall deem best for the interests of the
Town; provided, however, that in the exercise of these delegated powers, he or
she 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 a 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 determining whether to issue such bonds having substantially
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AUGUST 16, 1995
level or declining annual debt service and all matters related thereto, prescribing
whether manual or facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, 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 be 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 Section 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 twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 11. Upon this resolution taking effect, the same shall be published
in full in The Daily Times, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Section 12. This resolution is adopted subject to permissive referendum in
accordance with Section 35.00 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:
Councilwoman O'Flinn VOTING AYE
Councilman Weprin VOTING AYE
Councilwoman O'Keeffe VOTING AYE
Councilman Ryan VOTING AYE
Supervisor Price VOTING AYE
4. Authorization-School Tax Warrant - 1995
Mr. Altieri explained that this was the document that the Town must adopt yearly, which is
sent by the County and was pro forma.
On motion of Councilman Ryan, seconded by Councilman Weprin, the following
document was unanimously adopted as required by law and the Supervisor was
authorized to execute on behalf of the Town:
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AUGUST 16, 1995
SCHOOL TAX WARRANT FOR THE YEAR 1995
STATE OF NEW YORK COUNTY OF WESTCHESTER
TO: Receiver of Taxes of the Town of Mamaroneck in said County
YOU ARE HEREBY COMMANDED, to receive and collect from the several persons named
in the assessment roll of Union Free School District in the Town of Mamaroneck, hereunto
annexed and herewith delivered to you, the sum of the School Taxes of said School
District set opposite their respective names in accordance with provision of Chapter 852
of the Laws of 1948 (Title 16), and the acts amendatory thereof and supplemental thereto
including the amendment made by Chapter 386 of the Laws of 1962 and the resolution
adopted by the Town Board of the Town of Mamaroneck on August 16, 1995.
YOU ARE HEREBY DIRECTED, to deposit all such monies so collected by you in virtue of
the warrant to the credit of the Town of Mamaroneck, in the Bank of New York, County
Trust Region, Mamaroneck, as provided by said Chapter 852 of laws of 1948 (Title 16) and
the acts amendatory thereof and supplemental thereto including the amendment made by
Chapter 386 of the laws of 1962 and resolution adopted by the Town Board of the Town of
Mamaroneck on August 16, 1995, such taxes being levied against the said School District
for the year 1995 for the following purposes, viz:
APPROPRIATIONS
General Support $ 7,407,121.00
Instructional Expenses 33,027,515.00
Pupil Transportation 1,350,097.00
Community Services 391,600.00
Undistributed Expenses 12545,667.00
TOTAL APPROPRIATIONS $ 54,370,000.00
ESTIMATED RECEIPTS
Revenue -Other Districts & Governments $ 748,000.00
Revenue from Local Sources 150,000.00
Interest on General Fund Investments 625,000.00
State Aid 3,350,000.00
Refund of Prior Expenses 65,000.00
Appropriated Fund Balance 1,300,000.00
County Sales Tax 550,000.00
TOTAL REVENUES $ 6,788,000.00
NET AMOUNT TO BE
RAISED BY TAXATION $ 47,582,000.00
AND YOU ARE FURTHER COMMANDED, to make and file with the undersigned Supervisor
of the said Town, as required by said Chapter 852 of the Laws of 1948 (Title 16), and the
acts amendatory thereof and supplemental thereto including the amendment made by
Chapter 286 of tile Laws of 1962 and the resolution adopted by the Town Board of the
Town of Mamaroneck on August 16, 1995, the reports provided for by said Law.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of said Town to
be hereunto affixed this 16th day of August 1995.
ELAINE PRICE, SUPERVISOR
TOWN OF MAMARONECK
5. Authorization - Contract NYS DEC -Jet Sewer Cleaner Grant
The Administrator said that the Town has been awarded a grant in the amount of
$35,000.00 for the purchase of a sewer jet cleaner. The contract document will have to be
executed as is required by the DEC to receive the funds. The contract is, at this time,
under review by counsel and.subject to his comments, and it is recommended that the
Town Board authorize the Town Administrator to execute this contract on behalf of the
Town.
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AUGUST 16, 1995
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was
unanimously
WHEREAS, the Town had bee awarded a grant for a Jet
Sewer Cleaner in the amount of$35,000; and
WHEREAS, the Town is required to submit documents to
receive said funds;
NOW THEREFORE, BE IT
RESOLVED, that the Town Administrator is hereby
authorized to execute same on behalf of the Town
6. Authorization Transfer of Funds, Hommocks Ice Rink
Authorization is requested to transfer funds in the amount of$12,225.00 in connection
with the recent construction of the new skate room at the Hommocks Ice Skating Rink.
The funds will be transferred from the Hommocks Park Ice Rink Trust Fund, to reimburse
Capital Project Fund #89-3 and the 1995 Operating Expenditure Account A7265.4163. in
the amount of$6,225.00. The new skating room has been completed pursuant to the
Town's bid specifications and will be operational for the upcoming ice rink season.
On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it was unanimously
RESOLVED, that the Town Board of the Town of
Mamaroneck hereby authorizes the transfer of funds in the
amount of$12,225.00 for the construction of a new skate
room at the Hommocks Ice Rink; and
BE IT FURTHER,
RESOLVED, that the funds be transferred from the
Hommocks Park Ice Rink Trust Fund to reimburse Capital
Project Fund #89-3 and the 1995 Operating Expenditures
Account A7265.4163 in the amount of$6,225.00.
7. Salary Authorizations - Recreation
- Planning &Zoning Board
-Town Clerk's Office
- Records Management Grant
- Recreation
On motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe, it was
unanimously
RESOLVED,that as provided for in the 1995 Town Budget
authority is hereby requested for the payment of salary to
the following:
Art Harris, Life Guard, Hommocks Pool $5.75/hour, effective 7/19/95.
Cara Nero, Alternate Life Guard, Hommocks Pool, $8/hour, effective 8/1/95.
David Marks, Key Attendant, Hommocks Pool, $4.7S/hour, effective 7/19/95.
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Marc Mangus, Tennis Instructor, $9/hour, effective retroactive to 7/10/95.
Karen Greenstein, Tennis Instruct-or, $10/hour, effective retroactive to 7/10/95.
Alexander Klein, Tennis Instructor, $9/hour, effective retroactive to 7/10/95.
Heather Gorman, Counselor, Central Playground, $165/week, effective 7/17/95.
Karen Applebonne, Tennis Specialist, Monroe Pre School, $14/hour, effective
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AUGUST 16, 1995
retroactive to 7/7/95.
Toni Ann Valenti, Pool Manager, Hommocks Pool, $12/hour, effective retroactive to
7/4/95, replace Michael Edelstein.
Lauren Berliner, Alternate Life Guard, Hommocks Pool, $7/hour, effective 7/20/95.
Elsy Gonzalez, Alternate Life Guard, Hommocks Pool, $6/hour, effective 7/20/95.
Jennifer Rock, Tennis Instructor, $15/hour, effective retroactive to 7/24/95.
Marian Grace Schaly, Lifeguard, $6/hour, effective retroactive to 7/19/95.
Stacy Andreoll, Life Guard, $8/hour, Swim Instructor, $16.50 per hour, Hommocks
Pool, effective 8/16/95.
Robert Villavicenclo, Life Guard, Hommocks Pool, $6.50/hour, effective 8/16/95.
Secretary to - Planning &Zoning Board
On motion of Councilwoman O'Flinn. seconded by Councilwoman O'Keeffe, it was
unanimously
RESOLVED, that as provided for in the 1995 Town Budget,
authorization is hereby given to hire Marguerite Roma as the
Secretary to the Planning Board and to the Zoning Board
effective August 17, 1995 at a salary of$31,845.
-Town Clerk's Office
The Town Clerk requested a salary authorization to hire Patricia Finn to work in the Town
offices on a part-time fill-in basis. Pat has agreed to continue working at the same rate of
salary which is $10.00 per hour.
On motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe, it was
unanimously
RESOLVED, that as provided for in the 1995 Town Budget,
authorization is hereby given to hire Patricia Finn at$10 per
hour on a part-time basis.
- Records Management Grant
The Town Clerk requested a salary authorization to hire Nicholas Mecca as a temporary
record's management assistant to help review the microfilm for the Town of Rye, who is a
member of our Record's Management Consortium.
This salary is being funded totally through the Record's Management Grant that the Town
received for the 1994-1995 State fiscal year.
On motion of Councilwoman O'Flinn, seconded by Councilman Weprin, it was
unanimously
RESOLVED, authorization is hereby given to hire Nicholas
Mecca as a temporary record's management assistant at a
rate of$10 per hour
8. Adoption of Budget Calendar
Mr. Altieri said that he had distributed a proposed calendar for the preparation and
adoption of the 1996 Budget and that the schedule sets forth the date for issuing budget
work papers to the departments as well as a budget review schedule for the Town Board.
He requested and recommended that the Town Board adopt the calendar.
On motion of Councilwoman O'Flinn, seconded by Councilman Weprin, it was
unanimously
RESOLVED, that the following Budget Calendar by Adopted:
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AUGUST 16, 1995
BUDGET CALENDAR -1996 BUDGET
August 18th Issue work papers to
Department Heads
September 18th Receive back work papers
from Department Heads
October 18th Presentation of Tentative
Budget to Town Board by
Budget Officer
October 25th Public Work Session -
Operating Departments
November 2nd Public Work Session -
Operating Departments
November 8th Public Work Session -
Operating Departments
November 16th Public Work Session -
Capital Budget
November 20th Public Work Session -
Capital Budget
December 6th Public Hearing on the
Budget
December 20th Adoption of Budget
ADJOURNMENT
There being no further business, the Board adjourned into executive session to discuss
pending personnel at 11:05 PM.
Patricia A. DiCioccio Clerk
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