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HomeMy WebLinkAbout1998_02_04 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, February 4, 1998 -Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into an Executive Session to discuss contracts and personnel and at 7:30 PM go into a Work Session to discuss a food zoning amendment. CONVENE REGULAR MEETING CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION CONVENE WORK SESSION RECESS WORK 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. Authorization-Independent Contractor Agreement- Telephone System 2. Authorization-Renewal of Retainer Agreement- Indelicato and Fahey 3. Adoption-Revised Administrative Manual 4. Set Public Hearings - a) Food Business Zoning b) Bond Resolution- WJWW-Purchase of Land c) Bond Resolution-Purchase of Refuse Packer Trucks d) Installation of Stop Sign-Intersection of Gate House Lane and Marbourne Drive e) Installation of Stop Sign-Intersection of Gate House Lane and Old White Plains Road 5. Salary Authorizations -Recreation -Ambulance District -Assessor's Office PROCLAMATIONS -American History Month and Black History Month ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings -February 25, 1998 - March 4, 1998 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 FEBRUARY 4, 1998 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin I Councilwoman Phyllis Wittner ABSENT: Supervisor Elaine Price ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into an Executive Session at 7:00 PM in Conference Room A of the Town Center to discuss contracts and personnel and went into a Work Session to discuss the food zoning amendment at 7:30 PM. On motion duly made and seconded the Board adjourned at 8:15 PM to the Court Room to reconvene the regular meeting. CALL TO ORDER f� The-Regular meeting of the Town Board was called to order by Deputy Supervisor Ryan at 8:30 PM, who then pointed out the location of exits. He said that Supervisor Price was attending a play at her daughter's school this evening. BOARD OF FIRE COMMISSIONERS On motion of Phyllis Wittner, seconded by Valerie O'Keeffe, the meeting was called to order by Commissioner Ryan 8:40 PM in the Court Room. Present were the following members of the Commission: Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner February 4, 1998 1. Fire Claims: Commissioner Weprin presented fire claims for authorization of payment , thereafter on Councilwoman O'Keeffe's 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: 1997 Operating Fund AAA Emergency Supply Co $ 621.65 Ikon Office Solution 105.00 Radio Shack 2397 Rescue Technology Inc 995.00 Rescue Technology Inc. 995.00 Westchester Elevator 170.00 $ 2,910.62 1998 Operating Fund AAA Emergency Supply Co., Inc. 864.10 Bell Atlantic 447.55 Comfort Zone Heating &Air Conditioning 187.50 Con Edison 2.00 Bell Atlantic 447.55 Excelsior Garage & Machine Works, Inc. 350.20 Excelsior Garage & Machine Works, Inc. 2098.27 Gallagher Benefit Services, Inc. 552.06 Gall's Inc. 53.04 Gall's Inc. 29.85 Metrocom 85.00 Mortelliti, Inc. 4775.00 Sound Shore Contracting 210.00 Town of Mamaroneck Professional 220.08 Westchester Joint Water Works 82.00 $ 9,956.65 GRAND TOTAL $12,867.27 The Administrator explained that the bill for the firehouse roof(Mortelliti)was caused by a misalignment of the repoint stone work because of different roof lines which had caused a roof leak. A contractor had been brought in who found that he had to reflash the roof and that there would be another bill for gutters. In response to a question from Councilman Ryan, he noted that this was not connected to the new construction. 2. Adoption of the Revised Administrative Manual Commissioner Ryan said that in addition to having to adopt this manual for the Town, it would also be necessary to adopt it for the fire department. Mr. Altieri explained that this document contains most of the Town's Administrative and 2 February 4, 1998 operating policies. Operating policies not included in the Town Administrative Manual are those related to specific programs and departments such as our land use application policy and program policies for recreation programs. Originally adopted in 1991, the manual sets forth all of our procedures for personnel administration, purchasing, and other operating procedures that impact department operations. The manual is used in conjunction with existing collective bargaining agreements, individual employment agreements and New York State statutes for Town governments He outlined the following changes to the manual: Chapter 2 - Personnel, Section 2.2C -The leave of absence clause has been amended to reflect the requirements of the Federal family and medical leave act. Section 2.21) - Personal leave has been specifically defined and we have also clarified the use of personal leave during times of severe weather conditions. Section.2.13 -This section states the Town's policy on sexual harassment and the procedure for filing a complaint and investigation of the complaint. Our labor counsel has suggested additions to the policy that will keep us current with the most recent case law on sexual harassment. The complaint procedure has been revamped for example the prohibition on retaliation against complainant. Also, written notice will now be sent to the complainant and the accused notifying them of the Town's decision on the complaint. Section 2.14- Our policy on a drug free workplace is included in this section. In the past the Board has adopted resolutions regarding a drug free workplace when the Town has applied for federal grants. The policy will now become a permanent part of our administrative manual. Chapter 3 - Purchasing -Throughout this section we specify the procedures for purchases at different dollar amount thresholds. In this latest revision, we have raised the threshold for claim form purchases from $1,000 to $1,200. A department head may authorize a purchase up to this amount without prior approval of the Town Administrator. The new limit reflects the cost of many goods and services purchased by the operating department and to increase the efficiency of the purchasing procedure. Such a purchase however is subject to the availability of funds. If funds are not available in the appropriate line item account, prior approval is required. Also, department heads must explain any new types of purchase which are not common to the department. Chapter 4 -Computer Technical Support-This is a completely new section in the manual. The Town maintains a contract with a consultant to provide computer support to individual departments. The policy establishes the procedure for using the consultant. It is intended to limit the use under the individual department's discretion. The procedure sets a maximum of three hours of use without prior approval. Use of the consultant for larger projects requires an explanation of the project. Chapter 5 -Travel Policy -Section 5.2 -This section incorporates into the manual a previously adopted policy regarding the use of pool vehicles. Chapter 7 - Records Management -The Town Clerk has revised the policy for the submission of records for filing in our Records Center. Specifically, department heads are reminded that records are not to be destroyed without first consulting with the Town Clerk and the Records Retention Schedule. Councilwoman O'Keeffe questioned the policy on the use of vehicles and under what circumstances staff was allowed 24 hour use of pool cars. The Administrator replied that would happen when someone was on-call during that period, or if a person went to a conference. There were minor changes made to the manual. Then on motion of Commissioner O'Keeffe, seconded by Commissioner Wittner, it was unanimously, 3 February 4, 1998 RESOLVED, that the Board of Fire Commissioners does hereby adopt the Administrative Manual as amended. There being no further business to come before the Commission, on motion of Commissioner O'Keeffe, seconded by Commissioner Wittner, the Commission unanimously adjourned at 8:45 PM. AFFAIRS OF THE TOWN 1. Appointment - Committee on Revaluation This item was held over to the next meeting. 2. Authorization - Independent Contractor Agreement -Telephone System The Administrator said in the 1998 Town Budget there is an appropriation for replacement of the Town Center telephone system. During budget preparation the Board was advised that there is no additional capacity left to add new lines and extensions with the present system. This is particularly a problem as we look to decentralize our facsimile capability and expand our use of computer modems for Internet service and networking of Town facilities. In addition the technology of the current system is now obsolete and no longer in production. At this time the Town requires assistance to complete the needs of the operating departments, evaluate alternate types of equipment, and to follow the project to completion. He said that one person is needed to serve as liaison between the Town departments and the telephone company to coordinate the changeover. Before leaving the Town, Jeff Stonehill had completed considerable work on this project. He had developed contacts with both Bell Atlantic and the County of Westchester regarding our transition to a new phone system. Therefore, Mr. Altieri recommended that he be brought in as an independent contractor to assist with the project. He outlined the proposed agreement as follows: Jeff Stonehill will be responsible for conducting all of the work necessary to arrange for the installation of a new phone system for the Town; he would be paid $22.50 per hour for time spent on this project, estimated time is between 175 and 200 hours of work. Authorization is requested to execute the agreement. There was a question regarding worker's compensation. The Town Attorney explained that because the work is being done under an independent contract agreement that type of insurance would not be necessary. Ernie Odierna asked if it might not be better to go out for proposals from others and open it up for bidding. It was explained that this was not for the actual phone system but for the research as to what would be needed and that Jeff was familiar with what was needed because he had been working on it before leaving. On motion of Councilwoman Wittner, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby authorize the contract for Jeff Stonehill to provide consulting services to the Town regarding the replacement of the telephone system at the rate of $22.50 per hour for time spent on this project, estimated time is between 175 and 200 hours; and 4 February 4, 1998 BE IT FURTHER, RESOLVED, the Town Administrator is hereby authorized to execute said contract on behalf of the Town. 3. Authorization - Renewal of Retainer Agreement Indelicato and Fahey The Administrator said that this was the proposed renewal agreement for Charlene Indelicato to continue as Counsel to the Town. There have been no changes to the retainer agreement with the exception of the annual retainer amount, which would increase to $50,000 per year. He outlined that the agreement called for one day per week in the Town office, attendance at Board meetings, availability to staff by phone most of the time, and certain litigation with the following exceptions: insurance cases, certiorari matters, personnel arbitrations, and litigation that may arise with the NYS Department of Environmental Conservation regarding sewers. The Board members all expressed their pleasure at renewing this agreement. On motion of Councilwoman Wittner, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby authorize the retainer agreement with Indelicato and Fahey at a cost of$50,000 per year. BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 4. Adoption - Revised Administrative Manual This item had been discussed earlier in the meeting when it was adopted by the Board of Fire Commissioners. On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, RESOLVED, that the Town Board does hereby adopt the revised Administrative Manual as amended. 5. Set Public Hearings (a) Food Related Retail Regulations Zoning This hearing is to review the proposed changes to the zoning law regarding the amendments to the section dealing with retail food establishments. The Attorney pointed out that surrounding communities and the County Planning Department would have to be notified of the hearing. 5 February 4, 1998 On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that the Town Board does hereby set the date for public hearing for February 25, 1998, at 8:15 PM or as soon thereafter as possible on the amendment to the zoning ordinance dealing with food related retail regulations; and BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the Town Clerk to publish the notice of public hearing in an official Town newspaper. (b) Bond Resolution Westchester Joint Water Works Purchase of Land: Water Filtration Project The Administrator said at this time the Westchester Joint Water Works is negotiating the purchase of land in Harrison for the future construction of a water filtration plant. The water filtration plant, which is mandated by the Federal and State governments, would need to be in operation by the year 2003 and although the cost of the land is subject to negotiation, the maximum cost is estimated to be $3.9 million. The Town's share of the cost would be 22% or$858,000. Adding the bonding expense, the maximum cost would be approximately $875,000. A public hearing is necessary because the debt expense will be carried in a special district, in this case the water district. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, resolved that the following be adopted: RESOLVED, that the Town Board does hereby set the date for public hearing for February 25, 1998, at 8:15 PM or as soon thereafter as possible on the Bond-Resolution to enable Westchester Joint Water Works to purchase land for a water filtration project at a maximum cost of$875,000; and BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the Town Clerk to publish the notice of public hearing in an official Town newspaper. (c) Bond Resolution Purchase of Two Refuse Packers Mr. Altieri said that based upon bids received the Board authorized contracts for the purchase of two 25 yard refuse collection trucks. The bond resolution will be for a total of $230,000 which includes the cost of the trucks and bonding expense. As in the water district, a public hearing is required because the Town's garbage district is considered a special district. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, ORDER CALLING PUBLIC HEARING In the Matter of the Increase and Improvement of the Facilities of Refuse and Garbage District No. 1 6 February 4, 1998 of the Town of Mamaroneck, Westchester County, New York --------------------------------- WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Refuse and Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of 25 yard refuse packers Mack Model No. E-7 with a Leach Model 2111125 refuse body, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$230,000; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of Refuse and Garbage District No. 1 in the manner described above, and to hear all 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 25th day of February 1998, at 8:15 o'clock P.M., Prevailing Time, on the question of increasing and improving the facilities of the Refuse and Garbage District No. I within the Town of Mamaroneck, Westchester 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. This order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: PHYLLIS WITTNER VOTING AYE BARRY WEPRIN VOTING AYE VALERIE M. O'KEEFFE VOTING AYE PAUL A.RYAN VOTING AYE The Order was thereupon declared duly adopted. (d) Installation of a Stop Sign Intersection of Gatehouse Lane and Marbourne Drive The Traffic Committee is recommending the installation of a stop sign at Gatehouse Lane and Marbourne Drive. Upon evaluation by the Committee and the Police Department there appears to be sufficient traffic to warrant this traffic control device. Therefore, it was decided to place a stop sign on Marbourne Drive where it enters Gatehouse Lane. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was _ 7 February 4, 1998 unanimously, RESOLVED, that the Town Board does hereby set the date for public hearing for February 25, 1998, at 8:15 PM or as soon thereafter as possible on the installation of a stop sign on Marbourne Drive and Gatehouse Lane; and BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the Town Clerk to publish the notice of public hearing in an official Town newspaper. (e) Installation of Stop Sign Intersection of Gatehouse Lane and Old White Plains Road The Traffic Committee has also reviewed the intersection of Gatehouse Lane and Old White Plains Road and determined the need for a stop sign that will be located on Gatehouse Lane where it intersects with Old White Plains Road. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby set the date for public hearing for February 25, 1998, at 8:15 PM or as soon thereafter as possible on the installation of a stop sign on Old White Plains Road and Gatehouse Lane; and BE IT FURTHER RESOLVED, that the Town Board does hereby authorize the Town Clerk to publish the notice of public hearing in an official Town newspaper. 6. Salary Authorizations - Recreation On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that as provided for in the 1998 Town Budget, authority is hereby given by the Town Board for the payment of salary to Wendy Korotkin, Assistant Coach, Youth Hockey Program, at$7 per hour, effective retroactive to January 17, 1998. Ambulance District Salary Authorization A memo was received from Ed McCormack requesting that the Board consider authorization to implement budgeted rate increases for the Ambulance District paramedics effective February 11, 1998. The schedule reflects individual rate increases 8 February 4, 1998 for all per diem paramedics. On motion of Councilwoman Winner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the payment of salary to the paramedics as follows: Paramedics Probation Regular Days/Eves 16.00 16.50 Nights 15.00 15.50 TOWN OF MAMARONECK AMBULANCE DISTRICT DATE As of 10/8197 As of 2/11/98 Ballantyne, Mark $16.00 $16.50 $14.00 $15.50 Baumblan, Mark $16.00 $16.50 $14.00 $15.50 Bellingham, Phil $16.00 $16.50 $14.00 $15.50 Berkowitz, Douglas $16.00 $16.50 $14.00 $15.50 Burrell, Mark $18.00 $16.50 $14.00 $15.50 Carcano, Jim $16.00 $16.50 $14.00 $15.60 Cecere, Nick $16.00 $16.50 $14.00 $15.50 Desheneky, Charlie $16.00 $16.50 $14.00 $15.50 Egan, Tim $15.00 $18.50 $14.00 $15.50 Fottrell, Dan $15.00 $16.50 $14.00 $15.50 Glaessgen, S. $16.00 $16.50 $14.00 $15.50 Gluckman, Will $16.00 $16.50 $14.00 $15.50 Grande, Don $16.00 $16.50 $14.00 $15.50 as of lommazzo, John $15.00 $16.00 4/8/98 $16.50 $14.00 $15.00 $15.50 Kosenko, Pete $16.00 $16.50 $14.00 $15.50 Liverrani, Mike $16.00 $16.50 $14.00 $15.50 as of Loewenheim, Dan $15.00 $16.00 7/7/98 $16.50 $14.00 $15.00 $15.50 McCauley, Matt $16.00 $16.50 $14.00 $15.50 Nadoiske, Pat $16.00 $16.50 9 February 4, 1998 $14.00 $15.50 Papish, Mark $16.00 $16.50 $14.00 $15.50 Primrose, Pete $16.00 $16.50 $14.00 $15.50 Purcell, Dan $16.00 $16.50 $14.00 $15.50 As of Rovida, Peter $15.00 16.00 4/8/98 $16.50 $14.00 $15.00 $15.50 Smith, Bob $16.00 $16.50 $14.00 $15.50 Werner, Rich $16.00 $16.50 $14.00 $15.50 Part-time Clerk in Assessor's Office Authorization was requested to hire Melissa Lucente as a part-time clerk in the Assessor's office effective January 26, 1998 at$10 per hour. The Administrator said that Melissa will assisting with data entry for the new STAR program. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the payment of salary to Melissa Lucente, at$10 per hour for data entry in the Assessor's Office. PROCLAMATIONS Acting Supervisor Ryan read the following two proclamations: PROCLAMATION AMERICAN HISTORY MONTH WHEREAS, The Congress of the United States of America has designated February as AMERICAN HISTORY MONTH; and WHEREAS, The National Society Daughters of the American Revolution sponsor February as American History Month each year; and WHEREAS, The backbone of this great nation of America is its history, upon which all of our accomplishments are based; May we pledge to always remember to never forget all that has made America strong and vigilant and vow to keep this remembrance alive for our children and their children. NOW, THEREFORE, BE IT RESOLVED that I, Elaine Price, Supervisor of the Town of Mamaroneck and the members of,the Town Board hereby proclaim that the month of February 1998 AMERICAN HISTORY MONTH throughout the Town of Mamaroneck and urge all residents to join with me and the Town Board in the celebration of AMERICAN HISTORY MONTH. 10 February 4, 1998 PROCLAMATION BLACK HISTORY MONTH WHEREAS, BLACK HISTORY MONTH is celebrated each year in February; and WHEREAS, That celebration continues to grow, as Black Americans devote increasing attention to their pivotal role in American society; and WHEREAS, It is our hope that during this year we remember the Black Americans who throughout our history have made a profound contribution in the arena of civil rights, human services, the military, political and social sciences and continue to include such fields as the arts, law, architecture, commerce and industry, education, medicine, engineering and philosophy. NOW, THEREFORE, BE IT RESOLVED that I, Elaine Price, Supervisor of the Town of Mamaroneck and the members of the Town Board hereby proclaim that the month of February 1998 as BLACK HISTORY MONTH. ORAL COMMUNICATIONS Ernie Odierna said that the Town should be commended for getting most of the recyclables picked up by Thursday. He reiterated his requests that police reports of activities also be given at the.Board meetings. He asked if the replacement enforcement officer had been hired. The Administrator said no one had been hired as yet. SUPERVISOR REPORTS Acting Supervisor Ryan read two letter of commendation, one was received from Mr. Hunter thanking Officer Frank Della Camera for his assistance, and the second from Mr. Fink regarding Detective Bob Reynolds. REPORTS OF THE COUNCIL Councilwoman O'Keeffe reported that she had gone to Albany with Patrick Cunningham to discuss the sound barrier issue with Assemblyman Tocci and State Senator Oppenheimer. They weren't available, but their staff had been very helpful and informative. They had received suggestions on plantings, shrubs and fencing. She said the main problem was that more money was necessary for the concrete barrier and that maybe it could be gotten through member item legislation. She added that Supervisor Price and Councilman Ryan have been working hard to find a resolution to this problem. ADJOURNMENT On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, the meeting was adjourned. Patricia A. DiCioccio, Town Clerk C:\MSOFFICE\WINWORD\Min\98MINF\2-04x.doc 11