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HomeMy WebLinkAbout1998_04_01 Town Board Regular Minutes REVISED TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, April 1,1998, Town Center Court Room, 8:15 PM. THE TOWN BOARD WILL CONVENE AT 7:00 PM into an Executive Session to discuss - litigation and certiorari. CONVENE REGULAR MEETING RECESS EXECUTIVE SESSION CONVENE EXECUTIVE SESSION RECONVENE REGULAR MEETING PUBLIC HEARING - Bond Resolution -WJWW- Rye Lake Project BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Fire Department Business AFFAIRS OF THE TOWN 1. Proposed Resolutions - Preservation of Sales Tax .- Community Leadership Alliance Training Program 2. Approval of Certiorari 3. Report of Bids - Hommocks Ice Rink Locker Rooms 4. Transfer of Funds - Capital Projects - Computers 5. Transfer of Funds -Zamboni Machine 6. Transfer of Funds -Town Center Building 7. Salary Authorization - Recreation 8. Appointment- Human Rights Commission APPROVAL OF MINUTES - February 25, 1998 - March 4, 1998 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF COUNCIL Next regularly scheduled meetings -April 22, 1998 - May 6, 1998 Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. APRIL 1, 1998 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON APRIL 1, 1998 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 Councilman Barry Weprin Councilwoman Phyllis Winner ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney ABSENT: Councilwoman Valerie M. O'Keeffe CONVENE EXECUTIVE SESSION The Board convened into an Executive Session at 7:00 PM in Conference Room A of the Town Center to discuss litigation and certiorari. On motion duly made and seconded the Board adjourned at 8:30 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 8:30 PM, who then pointed out the location of exits. She welcomed Councilman Ryan back, and said that Councilwoman O'Keeffe was away at a conference. The regular meeting was closed and reconvened as a Board of Fire Commissioners on motion b Councilwoman Winner, seconded by Councilman Ryan. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 8:30 PM in the Court Room. Present were the following members of the Commission: Commissioner: Elaine,Price Commissioner: Paul A. Ryan APRIL 1, 1998 Commissioner: Barry Weprin Commissioner: Phyllis Winner Absent: Commissioner: Valerie M. O'Keeffe 1. Fire Claims: Commissioner Winner presented fire claims for authorization of payment , thereafter on Councilwoman Wittner's motion, seconded by Commissioner Weprin, 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. $ 478.50 AT &T Capital 99.81 AR &T 13.39 Bell Atlantic 413.98 Carrot-Top Industries 141.25 Cleaning Systems 187.04 Con Edison 2.03 Excelsior Garage & Machine Works, Inc. 2,627.43 Giacomo Service Center 10.00 Gloves Inc. 168.94 New Way Cleaning 450.00 Poland Spring Water Co. 71.51 R & L Consulting 428.43 Sound Shore 195.69 Thomas Landau 575.00 Thomas Landau 180.00 Thomas Landau 825.00 Westchester Joint Water Works 81.48 $ 6,949.48 There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Ryan the Commission unanimously adjourned at 8:50 PM. PUBLIC HEARING - Bond Resolution -WJWW- Rye Lake Project The notice of public hearing was entered into the record: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Center, in the Town of Mamaroneck, New York, in said Town, on the 1st day of April, 1998, at 8:15 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing for the specific object or purpose of paying the cost of the increase and improvement of the facilities of Water District No. 1 in the Town of Mamaroneck, Westchester County, New York, 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. The maximum estimated cost of 2 APRIL 1, 1998 the aforesaid increase and improvement of the facilities of Water District No. 1 in the Town is $765,000, an increase of$150,000 over that previously authorized. The project 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. Supervisor Price explained that originally the Board had authorized an expenditure of $615,000 for updating and replacement of water pipes and water tanks of the Rye Lake Pumping Station, then because of bids received it became apparent that the costs were more than expected. Therefore, it would be necessary to increase the expenditure by $150,000, to $765,000. The Supervisor then asked if there were any comments either for or against the Bond Resolution. There being no comment, she requested a motion to close. On motion of Councilwoman Wittner, seconded by Councilman Ryan, the hearing was declared closed. Then on motion of Councilman Ryan, seconded by Councilman Weprin, the following was unanimously adopted: In the Matter of the Increase and Improvement PUBLIC INTEREST of the Facilities of Water ORDER District No. 1 of the Town of Mamaroneck, Westchester County New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized an increase and improvement of the facilities of Water District No. 1, 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, said Town Board called a public hearing on the question of the increase in the maximum estimated cost of said project from $615,000 to $765,000, an increase of$150,000 to pay the cost of the aforesaid improvements; and WHEREAS, notice of said public hearing was duly published and posted in the manner and within the time provided by law and such public hearing was duly held at 3 APRIL 1, 1998 the time and place specified in said notice of public hearing at which all persons interested in the subject matter thereof were duly heard; and WHEREAS, said Town Board has duly considered the evidence given at said public hearing; NOW THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is necessary and in the public interest to increase and improve the facilities of Water District No. 1 in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preamble hereof, at a new maximum estimated cost of$765,000, and said increase and improvement is hereby authorized and approved. Section 2. 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: Councilwoman Wittner VOTING AYE Councilman Weprin VOTING AYE Councilman Ryan VOTING AYE Supervisor Price VOTING AYE The order was thereupon declared duly adopted. AFFAIRS OF THE TOWN 1. Resolutions - Preservation of Sales Tax - Community Leadership Alliance Training Program Supervisor Price said that this resolution was in favor of continuing the surcharge on sales tax that the state was considering taking away. She said that every Supervisor in the County agrees that the sales tax should continue, and are keeping the pressure on the State. She then read the proposed resolution. She said that the issues and impacts have never been studied, and the loss of revenues to the Town will have to be made up. A study is necessary by the State. Then, on motion of Councilman Ryan, seconded by Councilman Weprin, the resolution was unanimously adopted: 4 APRIL 1, 1998 WHEREAS, cities, towns and villages in Westchester County are severely restricted in their revenue base, with real property tax as their main source of revenue constantly rising and putting a disproportionate burden on the property owner; and WHEREAS, the County Executive and the Board of Legislators advocated and approved the distribution of sales tax revenue to the cities, towns, villages and school districts; NOW THEREFORE, BE IT RESOLVED, that Town Board of the Town of Mamaroneck hereby requests our State representatives to not eliminate the sales tax on clothing items under$100.00. Resolution -Community Leadership Alliance Training Program Supervisor Price said that this resolution is in support for continuance of the Community Leadership Alliance Training Program which provides training for achieving inter- municipal dialogue and mediation of issues for local officials and others involved in their municipalities. She said with few exceptions, all Sound shore communities participate in this program. She added that Councilwoman Wittner had attended, as did the Town Administrator, and many others. On motion of Councilwoman Wittner, seconded by Councilman Ryan, the following resolution was unanimously adopted: WHEREAS, comprehensive planning, land use regulation and the review and approval of land development proposals are among the most important functions of local governments in the State of New York; WHEREAS, members of local administrative boards such as the planning board, zoning board of appeals, and conservation advisory boards consider and dispose of many important applications for permits, variances and interpretations of local land use regulations; WHEREAS, local legislative bodies are authorized to use their delegated authority under state law to adopt a wide variety of land use regulations, controls and incentives to provide for the balanced and harmonious development of the community; WHEREAS, land owners, developers, and leaders of local civic organizations are regularly involved in testifying regarding matters pending before these legislative and administrative bodies; WHEREAS, knowledge of the authority of local governments regarding land use control and responsible decision making regarding these matters is important to the quality of life and future success of the communities; and 5 APRIL 1, 1998 WHEREAS, Pace University School of Law, with the assistance of the Natural Resource Conservation Service, the Glynwood Center and the Soil and Water District Conservation Boards of Westchester, Putnam and Dutchess counties, has established an exemplary program of training local officials, private sector representatives and civic leaders in land use decision making known as the Community Leadership Alliance Training Program; NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck supports the continuation of the Community Leadership Alliance Training Program; and BE IT FURTHER, RESOLVED, that the Town Board offers its official sponsorship of the Program; and BE IT FURTHER, RESOLVED, that the Town Board encourages other cities, towns and villages in the Westchester, Putnam, and Dutchess county area to offer their support and sponsorship of the Program and to nominate local leaders for participation in the Program. 2. Approval of Certiorari The Town Attorney explained that this property located at 13-19 Madison Avenue, is a fitness center and that they had,petitioned for a reduction in assessment from $90,000 down to $62,000 for 1995 and 1996 which had previously been approved by the Town Board. They are now asking for the same reduction for 1992, 1993 and 1994. She said that the second one is for a commercial property, formerly Hardee's, which was sold in June 1997 for$606,000. The assessment was $73,800 and is currently $30,482. They are asking for a reduction for 1995, 1996 and 1997 from the $73,800 assessment. On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby authorize the following settlements of Certiorari: Madison Larchmont, Inc., 13-19 Madison Avenue Block 132 Lot 469 Assessment: $90,000 Years Under Appeal 1992, 1993, 1994 (1995 & 1996 previously approved) Year Assessment Reduced to Amount of Reduction 1992 $90,000 $80,000 $10,000 1993 $90,000 $80,000 $10,000 1994 $90,000 $80,000 $10,000 6 APRIL 1, 1998 The loss in taxes to the Town is $7,500. On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby authorize the following settlement of Certiorari: Hardee's Block 701, Lot 1 Assessment: $73,800 Years Under Appeal 1995, 1996, 1997 Year Assessment Reduced to Amt. Of Reduction 1995 73,800 40,000 33,800 45% 1996 73,800 35,000 38,800 52% 1997 73,800 30,500 43,300 58% The amount of the refund by the Town is approximately $1,536.44. 3. Report of Bids - Hommocks Ice Rink Addition The Administrator reported that on March 18, 1998 the bids for the construction of an addition to the Hommocks Ice Rink had been opened, and that this is the third time the Town has requested bids for the locker rooms. As the Board knows from previous meetings, we have been attempting to reduce the expense of this project by using different building systems. We found however that due to certain factors we have been unable to significantly reduce the cost of this project. First, contractors have advised us that due to the foundation requirements, concrete costs are exceptionally high. The complete project is estimated at$84 per square foot, of which the foundation costs alone are $22 per square foot. Also, construction activity in the county is high right now and so pricing is less competitive than during other times. Based upon the bids received, the cost of the project is $175,000. The low bids received for each prime contractor are as follows: Fanning Electric Company, Inc. $18,330 Concrete and Foundations ( Footmen Contractors) 39,000 General Construction (Etre Associates) 75,000 HVAC* Estimated 25,000 Engineering and Construction Management 15,000 $172,330 $175,000 *No bids were received for the HVAC contract. The budget for the locker rooms was $125,000. The Administrator continued, that based upon our financial condition at this time, the project can be financed from unreserved funds in the General Town General Fund. This would be his recommendation for financing the project. Mr. Altieri said that he had attached to the Board packets the bids received for each contract. It would appear that if the Town Board would like to proceed with the project now, these are the best prices available to the Town. If the Town is to proceed with the project the contracts should be 7 APRIL 1, 1998 awarded to the lowest responsible bidders named above. In addition he will need authorization to enter into contracts with the successful bidders. CONTRACT TA-98-1A - CONCRETE & FOUNDATIONS : LUMP SUM NAME OF BIDDER ADDRESS OF BIDDER PRICE Fourmen Construction Inc. 24T Scenic Dr. Croton-on-Hudson 10520 $ 39,600.00 Etre Associates 531 Fayette Ave., Mamaroneck, 10543 $ 61,000.00 Able Carpenter Contractors, Inc. Box 692, Halstead Ave. Harrison, 10528 $ 70,000.00 Carino Management, Inc. 128 4th Street, New Rochelle, 10801 $ 77,985.00 CONTRACT TA-98-1 B - GENERAL CONSTRUCTION LUMP SUM NAME OF BIDDER ADDRESS OF BIDDER PRICE Etre Associates 531 Fayette Ave., Mamaroneck, 10543 $ 75,000.00 Skyfield Construction Svc., Inc. 30 Industrial Avenue, Mahwah, NJ 07430 $131,872.00 XYLO Corporation 79 Westchester Square, Bronx, 10461 $ 85,800.00 Able Carpenter Contractors, Inc. Box 692, Halstead Ave., Harrison, 10528 $121,500.00 N. Picco & Sons 154 E. Boston Post Rd., Mam'k, 10543 $175,900.00 CONTRACT TA-98-1 D - ELECTRIC CONSTRUCTION LUMP SUM NAME OF BIDDER ADDRESS OF BIDDER PRICE Eastern Electrical Contr. Corp. 96-98 Fulton St., White Plains, 10606 $18,977.00 Fanning 9 Electric Co., Inc. 55 Central Ave. Ossining, 10562 $18,330.00 F.A. Burchetta Co., Inc. 1 Senasqua Rd., Croton-on-Hudson 10520 $29,210.00 The Supervisor said that they had worked hard to keep the costs down on this project, but that there is no other option, the girls need a locker room. Councilman Ryan commented that this matter had dragged on in the hope that the Town could get better pricing, but it isn't happening. The Administrator said that in the fall another ice rink would be opening in New Rochelle, and we should stay competitive. Councilman Weprin said that it was a great deal of money and if the Town decided to not go forward, what would happen. Councilman Ryan replied that we could be getting into a gray area, because we do have locker rooms for the boys, but not for the girls. Following further discussion, on motion of Councilman Ryan, seconded by Councilwoman Wittner, the following resolutions were adopted: 8 APRIL 1, 1998 RESOLVED, that the Town Board does hereby authorize the Contract TA-98-1A for Concrete and Foundation work at the Hommocks Ice Skating Rink to Fourmen Construction, Inc, 24T Scenic Drive, Croton-on-Hudson, NY, who was the lowest responsible bidder at$39,600.00; and BE IT FURTHER, RESOLVED, that the Town Board does hereby authorize the Contract TA-98-1 B for the General Construction work at the Hommocks Ice Skating Rink to Etre Associates, 531 Fayette Avenue, Mamaroneck, , who was the lowest responsible bidder at $75,000.00; and BE IT FURTHER, RESOLVED, that the Town Board does hereby authorize the Contract TA-98-1 D for the Electric work at the Hommocks Ice Skating Rink to Fanning Electric Co., Inc. 55 Central Avenue, Ossining, who was the lowest responsible bidder at$18,330.00. Ayes: Wittner, Ryan, Price Nays: None Abstain: Weprin Absent: O'Keeffe On motion of Councilman Ryan, seconded by Councilwoman Wittner, the following resolution was adopted: RESOLVED, that the Town Board does hereby authorize the Town Administrator to execute contracts on behalf of the Town for the following: Fanning Electric Company, Inc. (Electric Contract), Footmen Contractors (Concrete and Foundations Contract), Etre Associates (General Construction), for the Hommocks Ice Rink addition. Ayes: Wittner, Ryan, Price Nays: None Abstain: Weprin Absent: O'Keeffe On motion of Councilman Ryan, seconded by Councilwoman Wittner, the following resolution was adopted: RESOLVED, that the Town Board hereby authorizes the Town Comptroller to appropriate $175,000 of Surplus Funds in the General Fund-GT and transfer to the Capital Fund and adjust Project#96-07, Reconstruction of Hommocks Ice Rink, account#7197 4 7215-5003. Ayes: Wittner, Ryan, Price Nays: None Abstain: Weprin Absent: O'Keeffe 4. Transfer of Funds - Capital Projects -Computers A communication was received from the Town Comptroller requesting authorization to transfer monies to the Capital Fund Project 94-01 for the purchase of computers. 9 APRIL 1, 1998 On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Town Comptroller to transfer funds to the Capital Fund and adjust Capital Fund Project 94-01, Purchase of Computers, account 111-1997 41680-5003. General Fund -General Town $15,000 General Fund - Part Town 10,000 Highway Fund 10,000 Sewer District 5,000 Fire District 5,000 5. Transfer of Funds -Zamboni Machine Mr Altieri said that on September 17, 1997, the Town Board authorized the award of contract TA97-3 for the replacement of the Zamboni ice resurfacing machine. The low bid submitted for the machine was $59,410. We have taken delivery of the machine and determined that it meets all of our specifications. Therefore, authorization is requested to appropriate $59,410 from the General Fund-GT to Account#7265.2102 - Ice Rink Equipment. Councilman Ryan said that Rob was so happy with the new machine that they expected to see him driving it around town. On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Town Comptroller to appropriate funds in the amount of$59,410 from the General Fund-GT to Account No. 7265.2102 - Ice Rink Equipment, for the purchase of the Zamboni Machine. 6. Transfer of Funds -Town Center Building The Administrator said that the 1998 Town Budget includes appropriations of$50,000 for work to be completed in the Town Center Building. Included in the appropriation are funds for replacement of carpeting, replacement of furniture and renovations in the Recreation Department and Town Clerk's Office. Authorization is requested to transfer this amount from the Account#A9900.9950 to capital project#86-04, Town Center Reconstruction. On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Town Comptroller to transfer funds in the amount of$50, 000 from Account A9900.9950 to Capital Project#86-04, Town Center Reconstruction for replacement of carpeting, furniture and renovations in the Town Clerk's Office and Recreation Department. 7. Salary Authorization - Recreation 10 APRIL 1, 1998 On motion by Councilman Weprin, seconded by Councilwoman Wittner it was unanimously, RESOLVED, that as provided for in the 1998 Town Budget, authority is hereby granted for the payment of salary to the following: Lester Wauchope, Attendant, Memorial Park, $10.25/hour, effective 3127/98. David Paterno, Attendant, Memorial Park, $9.00/hour, effective 4/1/98. Kathy Varian, Attendant, Memorial Park, $8.75/hour, effective 411/98. Raymond Varian, Attendant, Memorial Park, $8.50/hour, effective 4/1198. Gina Tunno, Attendant, Memorial Park, $8.00/hour, effective 4/1/98. APPROVAL OF MINUTES - February 25, 1998 - March 4, 1998 On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby approve the minutes of February 25, 1998 as presented. On motion of Councilwoman Wittner, seconded by Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby approve the minutes of March 4 1998 as presented. ADDED ITEM 8. Appointment to Human Rights Commission Councilwoman Wittner said that at the last meeting the Town Board had created the Tri- Municipal Human Right Commission which has three members that are appointed from each community. Since the Town presently has six members on its commission, she was proposing that the three newest members serve on the new commission and the three longer term members serve as alternates. Appointing the Chair would be rotated yearly by the.three communities. She proposed that Cora Rust be appointed Chair for the first year to help through the adjustment period. There was a question as to the responsibility of appointing the Chair, to which Councilman Weprin replied that the governing board has the authority to appoint. On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously RESOLVED, that Cora Rust, be and is hereby appointed as the Chair of the Tri-Municipal Human Rights Commission effective April 1, 1998 to March 31, 1999; and BE IT FURTHER, RESOLVED, that Robin Nitchinsky is appointed for a 3 year term April 1, 1998 to March 31, 2001 and Judy Myers for a 2 year term to the Tri-Municipal Human Rights Commission. 11 APRIL 1, 1998 ORAL COMMUNICATIONS Ernie Odierna asked about kayak access to the Premium River. He was told to contact Councilwoman Wittner. He said that he keeps requesting that the Police and Fire Departments give reports and it still is not being done. He questioned why if the Town was expending $175,000 for locker rooms at the ice rink, there wasn't a public hearing on it. The Supervisor answered that there had been public hearings, presentations, both here and at Recreation meetings, but that the project had been delayed because of pricing. Mr. Odierna asked what the original price had been. Councilwoman Wittner replied $125,000. There was a discussion on the pond, new growth, the raking of leaves from the bottom and how good it looks. SUPERVISOR REPORTS Supervisor Price said that she had received a communication from Mayor Lewy, saying that the Larchmont Reservoir would be totally drained next week. She added that at first there had been mayhem until it was realized,that the letter was dated April 1st. She wished everyone a happy April Fool's Day and asked for a motion to adjourn. ADJOURNMENT On motion of the Councilman Ryan, seconded by the Councilwoman Wittner, the meeting was unanimously adjourned at 9:25 PM. Patricia A. DiCioccio, Town Clerk C:\MSOFFICE\WINWORD\Minl98MINF\4-01 x.doc 12