Loading...
HomeMy WebLinkAbout1996_04_02 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING- Tuesday, April 2, 1996, Town Center Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM in a Work Session to discuss the commuter parking lot and adjourn into an Executive Session at 7:30 PM to discuss personnel. CONVENE REGULAR MEETING CONVENE WORK SESSION RECESS WORK SESSION CONVENE EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Appointments 2. Authorization- Humane Society Agreement 3. Set Public Hearing -Amendment to the Amusement Device Law 4. Resolution -Larchmont/Mamaroneck Cable TV Board of Control 5. Designation of Polling Places 6. Resolution- Increase to Parking Meter Fees 7. Authorization- Use of Voting Machines -'Mamaroneck School District ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS ` REPORTS OF THE COUNCIL Next regularly scheduled meetings -April 17, 1996 - May 1, 1996 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON APRIL 2, 1996 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Stephen M. Silverberg, Town Attorney CONVENE WORK SESSION The Board convened into a Work Session at 7:00 PM in Conference Room A of the Town Center to discuss the commuter parking lot. Mr. Altieri explained that after much discussion, a plan had been worked out, whereby, if the Board approves, non-resident parkers would be sold a interim permit for four months on a pro-rated basis. He said that this would allow the Town additional time to study alternatives and also give us a clearer idea of the impact on the Town's residents during Larchmont's lot closure due to construction. The Town Clerk stated that a system had been devised with the Police Department which would allow the Town to continue to have two license plates on one permit. The permits would be color-coded, if a replacement was requested, a report would be generated for the Police Department giving the new and old numbers and colors, which would provide the Police an easier way to spot if both the original and duplicates were being used. Following a brief discussion, it was agreed that this item be set for Public Hearing on April 17, 1996, and the Supervisor requested that all interested parties be notified of the hearing. Thereafter on motion made and seconded, the Board adjourned into an Executive Session at 7:30 PM to discuss personnel. Or, motion duly made and seconded the Board adjourned at 8:15 PM to the Court Room to Reconvene the Regular Meeting. CALL TO ORDER The Regular meeting of the Town Board was called to order by Supervisor Price at 8:25 PM, who then pointed out the location of exits. April 2, 1996 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:45 PM in the Court Room. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner 1. Fire Claims: Commissioner Weprin presented fire claims for authorization of payment , thereafter on his motion, seconded by Commissioner Wittner, 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 AT&T Capital 110.18 AAA Emergency Supply Co., Inc. 319.20 AAA Emergency Supply Co., Inc. 51.00 B & I Furniture 431.95 Dri-Chem Extinguisher Co. 780.00 Dri-Chem Extinguisher Co. 250.00 Excelsior Garage & Machine Works, Inc. 232.00 Gall's Inc. 899.97 Gall's Inc. 999.95 Gall's Inc. 820.90 O.S.P. Fire Protection 176.00 Poland Spring 51.84 Westchester Joint Water Works 44.49 $ 5,167.48 There being no further business to come before the Commission, on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the Commission unanimously adjourned at 8:42 PM. AFFAIRS OF THE TOWN 1. Appointments Councilwoman O'Keeffe said that she had not reached the person that was to be reappointed, therefore this item was tabled. 2. Authorization - Humane Society Agreement Mr. Altieri stated that the Town's animal control functions are contracted to the Westchester Shore Humane Society, who provide shelter facilities as well as dog patrols, 2 April 2, 1996 redemption's and adoptions. He said that since most dogs are picked up by our police and brought to the shelter that the patrol clause was being dropped from the contract. He added that the new agreement requires response of complaints during normal business hours, and 24 hour response for complaints involving injured dogs or cats. The contract cost was reduced from $14,958 to $12,958 because of the elimination of the patrol. Following discussion regarding the Town's obligation to provide this service, on motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby authorize the agreement with the Westchester Shore Humane Society, Harrison, NY, whereby they will provide animal control functions for the Town, as required by State Law, for the annual contract fee of $12,958 payable monthly. 3. Set Public Hearing -Amendment to the Amusement Device Law Mr. Silverberg said that the amendment was being proposed to allow Rollerdome to operate the devices during non-school days. On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously RESOLVED, that the Town Board does hereby set the date for public hearing on the Amendment to the Amusement Device Law for May 1, 1996 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish a notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. 4. Resolution - Larchmont/Mamaroneck Cable TV Board of Control Councilman Ryan explained that a resolution would have to be passed to allow the Town to protest the rate increases proposed by TCI. He said that the actual term of the order was "tolling" which means that the rates cannot go into effect until 120 days after the date of their submission, rather than the usual 30 days, giving us the ability to force refunds should the increase not be allowed. Councilwoman Wittner questioned the procedures, then asked why there was no competition from other cable providers. Councilman Ryan explained that initially, when the Cable Commission was first formed, there were competing companies, but that once chosen, it was more a job of oversight from the municipalities and FCC that the services functioned. On motion of Councilman Ryan, seconded by Councilman Weprin, the following was unanimously adopted: A resolution waving applicable requirements of Local Law or, Alternatively, Tolling the deadline for acting upon Form 1205 and 1240 filings submitted on behalf of UA-Columbia Cablevision of Westchester, Inc. 3 April 2, 1996 WHEREAS, under federal and local law, the Town Mamaroneck ("Municipality") is permitted to regulate rates for basic cable service and equipment; and WHEREAS, on March 4, 1996, TCI East, Inc. submitted Form 1205 and Form 1240 filings purporting to increase basic rates proposed by UA-Columbia Cablevision of Westchester, Inc. d/b/a/ TCI Cable of Westchester("TCI) ; and WHEREAS, based upon the recommendation of the Larchmont-Mamaroneck Cable TV Board of Control ("Board"), the Municipality: finds that additional time is required investigate the filings; WHEREAS, the FCC has amended its rules, and it is now unclear whether a tolling order must be or can be adopted upon receipt of a Form 1205, or whether the same rules now apply to a Form 1205 as to a Form 1240; WHEREAS, based upon the recommendation of the Board, the Municipality tolls the proposed equipment and installation rates, if permitted or required to do so by the rules of the FCC, subject to further investigation and possible later reduction and refund; WHEREAS, based upon the recommendation of the Board, if tolling of rates submitted on Form 1205 is no longer permitted or required by the FCC'S rules, the Municipality waives the provisions of its rate` regulation rules that require the adoption of a tolling order if the Municipality desires to prevent the rates from going into effect while the Municipality reviews the rates; NOW THEREFORE, BE IT RESOLVED by the Town Board of the Town of Mamaroneck that: Section 1. Pursuant to 47 C.F.R. 5 76.933(a), if applied deadline for acting on the Form 1205 filing submitted by TCI is tolled for reasons stated above. Section 2. If tolling of rates submitted on Form 1205 is not permitted or required by the FCC's rules, the Municipality hereby waives the provisions of its rate regulation rule the rules that require the adoption of a tolling order if the Municipality desires to prevent the rates from going into affect while the Municipality reviews the rates. Section 3. Pursuant to 47 C.P.R. S 76.933(g)r the municipality shall commence review of the Form 1240 filing, and, if applicable, the Form 1205 filing. Section 4. TCI's current rates for installation shall not be increased without the prior approval of the Municipality, except as may be provided by federal law, and are being and shall be collected subject to refund and further investigation, in accordance with applicable law. Nothing in this Resolution approves or endorses the rates that were, are being or will be charged by TCI, and those rates may be further reduced to the extent those rates violate applicable laws or contracts. 5. Designation of Polling Places The Town Clerk requested that this item be held over to the next meeting because she was still waiting for approval from the fire department for use of their building. 6. Resolution - Increase to Parking Meter Fees 4 April 2, 1996 It was decided to table this item until the next meeting, which would allow notification to commuters, thus allowing more public input, and at that is also the date of the public hearing on the commuter parking lot amendments. 7. Authorization - Use of Voting Machines - Mamaroneck School District The Town Clerk explained that the District Clerk was making the annual request for use of 15 voting machines for the Trustee and Budget vote to be held on May 8, 1996. In response to a question, she stated that the Town did not charge the school rental fees. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does authorize the use of 15 voting machines by the Mamaroneck School District on May 8, 1996 for use during the Annual School Election. Added Item - Proclamation for Bruce Allen Supervisor Price read a proclamation honoring Bruce Allen (see below) and said that the Larchmont Historical Society was having a party for him and would be renaming the archive the Bruce Allen Archive Center. Councilman Weprin added that Mr. Allen had also served on the Town's Coastal Zone Management Commission. Supervisor Reports The Supervisor also reported that there had been a party held for the benefit of the DARE program, honoring Officer McCarthy who oversees the program, and that the children had raised $104. Supervisor Price said that both she and Councilman Ryan had journeyed to Albany to lobby for the repeal of the Wicks Law, or at least changing the criteria to a 5 million dollar tier. She added that they had not met with much agreement on the issue, and that it was a frustrating experience. She noted that they had also attempted to address reevaluation without much luck also. The Supervisor said that the Town was lobbying for the sewer project attempting to locate grants, which seem to be non-existent. And Supervisor Price reported that the Town was trying to disturb the Canada Geese nests before they lay their eggs, and that we are attempting to borrow or rent dogs from the Village of Mamaroneck for a few days to disturb the geese to stop them from laying eggs at the duck pond. PROCLAMATION - BRUCE ALLEN WHEREAS, the Town of Mamaroneck gratefully acknowledges the outstanding contributions of BRUCE ALLEN to our community; and WHEREAS, We owe the continued success of the Larchmont Historical Society to the inspiration and dedication of Bruce Allen; and WHEREAS, For several decades Bruce Allen's love of community and its rich heritage 5 April 2, 1996 has insured a preservation of those values and traditions that inextricably bind us the living to generations that have come before; and WHEREAS, In the Fall of 1987, the Town of Mamaroneck was proud to offer space in our Town Center for the archives. Soon Bruce's collections outgrew his office space and once again Bruce negotiated with the Town for the present two-room space; and WHEREAS, Bruce Allen, Larchmont Historical Society Archivist Emeritus, hands over to us and to the community a firmly established repository of the Village of Larchmont and the Town of Mamaroneck history; and WHEREAS, We as residents acknowledge the responsibility to nurture this heritage and will preserve it for the benefit of all residents, present and future. NOW THEREFORE, BE IT RESOLVED, that I Elaine Price, Supervisor of the Town of Mamaroneck and the Town Board members gratefully acknowledge and deeply appreciate what Bruce has given to us and to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 30th day of March, 1996. Elaine Price, Supervisor Paul A. Ryan, Councilman Valerie Moore O'Keeffe, Councilwoman Barry A. Weprin, Councilman Phyllis Wittner, Councilwoman Attested to by: Patricia A. DiCioccio, Town Clerk ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded the meeting was adjourned at 10:12 PM. Patricia A. DiCioccio, Town Clerk C:\MSOFFICE\WINWORD\Min\96MINF\4-2-96x.doc 6