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HomeMy WebLinkAbout1998_11_04 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, November 4, 1998 -Town Center Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 6:15 PM into an Executive Session to discuss personnel and at 7:15 PM into a Work Session to discuss the Myrtle Blvd./Madison Avenue Planning Study. CONVENE REGULAR MEETING CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION CONVENE WORK SESSION RECESS 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. Authorization - Interagency Agreement- Larchmont/Mamaroneck Volunteer Ambulance Corp 2. Authorization - License Agreement-Total Fitness, Inc. 3. Authorization - Certiorari Appraisal 4. Resolutions - Deferred Compensation Plan 5. Salary Authorizations - Recreation APPROVAL OF MINUTES -October 7, 1998 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings - November 18, 1998 - December 2, 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 NOVEMBER 4, 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 Councilwoman: Valerie M. O'Keeffe Councilman: Barry Weprin Councilwoman: Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into an Executive Work Session at 6:15 PM in Conference Room A of the Town Center to discuss personnel and at 7:15 PM into a Work Session to discuss the Myrtle Boulevard/Madison Avenue Planning Study. CALL TO ORDER The Regular meeting of the Town Board was called to order by Supervisor Price at 8:30 PM, she then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was opened on motion of Commissioner Ryan, seconded by Commissioner Wittner at 8:35 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, the figure for Brewer's was corrected from $199.17 to $179.17, thereafter on Commissioner Wittner motion, seconded by Commissioner O'Keeffe, it was unanimously: RESOLVED, that this Commission hereby authorizes payment of the November 4, 1998 following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency $340.75 ANA Emergency 188.00 AAA Emergency 708.75 AT &T Capital 99.81 Brewer's Hardware 179.17 Carquest of Larchmont 143.97 Cleaning Systems 174.00 Cleaning Systems 54.30 Community Fire Equipment 55.64 The Coughlin Group, Inc. 387.00 Coyne Textile Service 129.36 Excelsior Garage & Machine Works, Inc. 48.00 Fire Hook Unlimited 434.70 Galls' Inc. 152.97 Gall's Inc. 107.64 Gall's Inc. 32.30 Giacomo Service Center 278.75 Gloves, Inc. 117.22 Lawrence Heat& Power Corp. 167.24 Lucent Technologies 54.87 Mosby 54.33 Multiplier 69.17 Printwear Plus 324.00 Poland Spring 71.51 Pronto Printer 92.65 Sound Shore Pest Control 60.00 Town Of Mamaroneck Professional 220.08 Westchester Elevator 170.00 TOTAL 14at6.18 There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner O'Keeffe, the Commission unanimously adjourned at 9:00 PM. AFFAIRS OF THE TOWN 1. Authorization - Interagency Agreement- Larchmont/Mamaroneck Volunteer Ambulance Corp The Administrator explained when the Ambulance District was originally created, the volunteer corps and the Town agreed that operating agreements should be established and the new organizational structure of paid and volunteer medical personnel working together requires an agreement outlining the responsibilities of the volunteer corps and the Town of Mamaroneck. He had prepared a proposed agreement between the Town and Larchmont VAC. The major aspects of the agreement are as follows: VAC assigns its rights to the Town for the collection of fees for ambulance service. The agreement establishes the district administrator to have operational authority for the paramedics and the general conduct of the activities of the ambulance district. The Town agrees to provide funding for the operation of VAC subject to approval of the Ambulance District Board and the Town Board. VAC agrees to provide ambulances and other equipment for basic and advanced life support services. VAC agrees to provide certified EMTs for basic life support. The Town agrees to provide certified paramedics for advanced life support. A 2 November 4, 1998 reciprocating hold harmless provision is included in the agreement. VAC is responsible for the upkeep and maintenance of the building with the cooperation of the Town. Also, in the agreement a protocol has been included for the response of the ambulances for both VAC and Mamaroneck Village EMS. Primary and secondary responsibilities for the two corps are included to assure an emergency response when one corps is unable to respond. Separate agreements for VAC and Mamaroneck Village EMS were composed. The agreement with EMS is essentially identical as the VAC agreement with one or two minor differences. The agreement with EMS will be presented in the near future. The Administrator then recommended approval of the agreement with VAC and requested authorization to execute the agreement on behalf of the Town. On motion made by Councilman Ryan, seconded by Councilman Weprin it was unanimously, RESOLVED, that the Town Board does hereby approve the agreement between the Town and Larchmont/Mamaroneck Volunteer Ambulance Corps; BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 2. Authorization - License Agreement -Total Fitness, Inc. Mr. Altieri said currently the Town owns a piece of vacant land adjacent to the New York State Thruway on Byron Place. The owner of Total Fitness Inc. had contacted the Town regarding the possibility of purchasing the land for additional parking for their business. He has been reluctant to recommend the sale of the land due to the uncertain future of the Hoffman property which is also located on Byron Place. A more coordinated development plan may be possible by including the Town owned parcel for parking or another use. For this reason a license agreement was negotiated with the Total Fitness that would allow them use of the property but allow the Town the option of revoking the license in the future. Under the terms of the license, Total Fitness would pay $1,100 per month to the Town for approximately 16 parking spaces. Total Fitness would be responsible for maintaining the property and providing signage for the parking spaces. He then made recommendation to authorize the lease agreement Following a brief discussion, on motion made by Councilwoman O'Keeffe, seconded by Councilwoman Wittner it was unanimously, RESOLVED, that the Town Board does hereby approve the agreement between the Town and Total Fitness, which allows them use of 16 parking spaces on Byron Place at a monthly cost of$1,100; and BE IT FURTHER, RESOLVED, that all maintenance costs shall be paid by Total Fitness and in addition said agreement is revocable by the Town; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. 3. Authorization - Certiorari Appraisal Agreement 3 November 4, 1998 The Town Attorney said that a communication had been received from the Gabriele Appraisal Company, which outlined a proposal for them to prepare a certiorari appraisal for the Town on the Larchmont Yacht Club. The proposal reads as follows: As discussed in the work session, at the request of the Town, the Town Attorney received a letter from Gabriele Appraisal Company. This appraisal is needed because of the unique nature of the property. There are not many properties of this type and is difficult to obtain a comparison. On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby approve the Agreement between the Town and Gabriele Appraisal Company, 134 Lawn Terrace, Mamaroneck, New York, which provides for them to prepare a Certiorari Appraisal on the Larchmont Yacht Club property for the years 1993 through 1998 at a cost not to exceed $5,500; and BE IT FURTHER RESOLVED, that should Gabriele Appraisal Company be required to testify in court, do trial preparation or have negotiation meetings with the petitioner the Town will be billed at a rate of$150 per hour; and BE IT FURTHER RESOLVED, that at a future.date should the Town require a full, narrative certiorari appraisal as defined by Uniform Standards of Professional Appraisal Practice, that fee would be an additional $4,000. 4. Resolutions - Deferred Compensation Plan The Town Administrator explained a memo from his assistant, Paulette Gabriellini, which said that since the Town established a 457 Deferred Compensation Plan for employees there have been several changes in federal and state law affecting such plans. When the Town adopted the 457 Deferred Compensation Plan in 1995, state and federal law required that amounts deferred and income derived from such investments remain the property of the employer. As such, the assets were held in an agency capacity and could.be subject to the claims of general creditors of the employer, in this case the Town. Changes in Internal Revenue Code Section 457 and State law now require local governments to hold all deferred compensation in a trust for employees and their beneficiaries. In April and October of 1998, the State's Model Plan was amended and adopted by the State legislature. Two resolutions were attached to the memo which are now required for the Town to be in compliance with. The first adopts the amended and restated Model Plan which requires a Trust to be established for all deferred compensation contributions. The second resolution names the Town Administrator and the Comptroller as Trustees of such Trust. Pebsco will continue to be the Town's Administrative Service Agency. Councilman Ryan said that in the past when a trust is set up a member of the Town Board would serve as the Trustee and questioned why that was not an option this time. Mr. Altieri replied that this would be a temporary arrangement, when the present contract expires in 1 1/2 years it could be restructured. On motion of Councilman Ryan, seconded by Councilwoman Wittner the following resolution was unanimously adopted: WHEREAS, the New York State Deferred Compensation Board (the "Board"). pursuant to Article 2, Section 5 of the 4 November 4, 1998 New York State Finance Law("Section 5"), and the Rules and Regulations of the New York State Deferred Compensation Board ( published in the state Register July 1, 1998 and with an effective date of October 1, 1998) (the "Regulations"), has promulgated the Model Deferred Compensation Plan for Employees of the Town of Mamaroneck (the "Model Plan") and offers the Model Plan for adoption by local employers; WHEREAS, Section 457 of the internal Revenue Code of 1986, as amended (the "Code"), was recently amended by the Small Business Job Protection Act of 1996 to require that amounts held pursuant to eligible deferred compensation plans such as the Model Plan must he held in trust for the exclusive benefit of participants and their beneficiaries; WHEREAS, Section 457(e)(9) of the Code was recently amended by the Taxpayer Relief Act of 1997 to increase the maximum elective distribution amount for small accounts from $3,500 to $5,000; WHEREAS. effective September 3, 1997. the Board amended and restated the Model Plan to require that amounts held pursuant to eligible deferred compensation plans such as the Model Plan must be held in trust for the exclusive benefit of participants and their beneficiaries and to make other miscellaneous modifications to the Model Plan; WHEREAS, effective April 1, 1998, the Board again amended and restated the Model Plan to increase the maximum elective distribution amount for small accounts from $3,500 to $5,000, to permit the deferred compensation committee of a Model Plan to direct the transfer of the account balances of Participants whose employment is being transferred to another employer permitted to adopt an eligible deferred compensation plan pursuant to Section 457 of the Code or, alternatively, to permit such Participants to each elect to transfer their account balances, to the eligible deferred compensation plan of the Participants' new' employer, and to clarify that each Participant may take into account the portion of the annual deferred compensation limitation that the Participant did not utilize under any eligible deferred compensation plan adopted pursuant to Section 457 of the Code for the purpose of determining such Participant's catch-up contribution limitation with respect to the Model Plan adopted by the Participant's employer, WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; WHEREAS, the Town of Mamaroneck has appointed a Deferred Compensation Committee (the "Committee") to : 1) act on behalf of the Town of Mamaroneck; 2) to be the "grantor" of the Town of Mamaroneck's deferred compensation trust; and 3) has determined that a member(s) of the Committee is authorized to act as trustee and will serve as trustee pursuant to the proposed trust agreement until such time, if any, as one or more successor trustee(s) will be appointed in accordance with the Regulations; NOW THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck hereby,adopts the Deferred Compensation Plan for Employees of the Town of Mamaroneck by adopting the amended and restated Model Plan effective April 1, 1998; and 5 November 4, 1998 BE IT FURTHER RESOLVED, that the Town of Mamaroneck hereby selects a member(s) of the Committee to serve as trustee pursuant to the proposed trust agreement; and BE IT FURTHER RESOLVED, that pending notification of the Deferred Compensation Board in accordance with Section 9003.( c )of the Regulations, the Committee is hereby authorized and directed to enter into appropriate contracts with PEBSCO and Nationwide and to enter into other contracts as may be necessary or appropriate to effect the foregoing. In no event shall these contracts be of greater duration than the balance remaining on the original five (5)year contract, and every contract or agreement entered into shall contain a provision that the agreement or contract is subject to the Regulations and the Model Plan; On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the following resolution was unanimously adopted: WHEREAS, the New York State Rules & Regulations have been amended to mandate the formation of a Deferred Compensation Committee. The Committee then selects a chairperson of the Committee, who has the authority to sign contracts and a Trustee authorized to act as Trustee under applicable law and Subtitle ll, and (who is a member) of the Town of Mamaroneck's Deferred Compensation Committee and so desires to act as Trustee for the Town of Mamaroneck's 457 Deferred Compensation Model Plan. RESOLVED, that the members of the Town of Mamaroneck's Deferred Compensation Committee be as follows: Stephen V. Altieri - Chairperson &Trustee Carmine DeLuca -Trustee RESOLVED, this resolution will take effect immediately upon its adoption. 5. Salary Authorizations - Recreation Intern Supervisor/Administrator's Office Recreation: On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was unanimously, RESOLVED, that as provided for in the 1998 Town Budget that the Town Board does hereby authorize the payment of salary to the following: Alys Guttenplan, Skating Instructor, Hommocks Park. Ice Rink, $15/hour, effective retroactive to 10/21/98. Daniele Ivosevich, Assistant Coach, Mamaroneck Swim Club, $ 10/hour„ effective retroactive to 10/6/98. Edith Turnbull, Alternate Manager, Hommocks Pool, $10 1hour, effective retroactive to 10/21/98. 6 November 4, 1998 Jeffrey Flynn, Skate Guard, Hommocks Park Ice Rink, $6/hour, effective 10/30/98. Intern Supervisor/Administrator's Office This item was removed from the agenda. APPROVAL OF MINUTES - October 7, 1998 Supervisor Price said that she had some changes to the minutes and requested that they be resubmitted. ORAL COMMUNICATIONS Ernie Odierna thanked Supervisor Price and Administrator Steve Altieri for agreeing to speak about the budget and the revaluation committee at the Gardens Lake Association meeting to be held on November 23rd at 7:30 PM at the Weaver Street Firehouse. He said that he was very pleased by the strong police presence on Halloween. He was worried about gouging of the street surfaces during leaf pickup, but was told that it does little damage beyond scratching. WRITTEN COMMUNICATIONS Supervisor Price read the following communications: October 29,1998 Ms. Elaine Price, Town Supervisor Mr. Paul Winick, President Town of Mamaroneck Town of Mamaroneck Housing Authority 740 Boston Post Road c/o 104 Garden Road West Mamaroneck, NY 10543 Larchmont, NY 10538 Dear Elaine and Paul. I am hereby submitting my resignation from the Town of Mamaroneck Housing Authority effective as of the next meeting of the Authority. The reason is quite simply that my wife and I are moving from Larchmont to Rye. This is a reluctant resignation since I am proud to have been involved in the planning, development, and operation of the Hommocks Park Apartments. The project has been a success from the beginning. Eight years ago, I told you that the easiest part of the project would to occupy it and keep it full. That has turned out to be true although it was hard to be optimistic in the midst of the planning and financing debate. The obvious successes have been in terms of the affordable.housing unit, the architectural appeal, and the solid operating record. Our selection of a housing management company and their selection of the on-site superintendent have been major contributions to this situation. The less obvious success has been in terms of the soul of the community. Both the supporters and opponents of the project carried out their roles in honorable ways during the planning phase and the project has become a non-issue since it has been open. So many people in Larchmont, Mamaroneck, and other wealthy southern Westchester like to think of themselves as tolerant, modern people(classic "limousine liberals'g. They like to support elected officials who vote for housing programs and laws that help lower income people,but not in their backyard. However, it has been our community and not Scarsdale, Bronxville, Rye, or Purchase that put its money on the line and actually built affordable housing. To continue the strong set of skills of board members, (recommend that my 7 November 4, 1998 replacement be a person with housing operations experience). My best wishes to you, the other members of the board, and the members of the Town Council, Jeffrey L. Marston, President Resource Centers for Management, Inc. 27 Lyons Place Larchmont, NY 10538 October 24, 1998 Elaine Price, Supervisor _Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Dear Elaine: On behalf of the Pine Brook District Property Owners'Association I'd like to thank you for your participation at our Annual Meeting on October 15, 1998. The topic of a reassessment of our real estate taxes proved to be a "hot"one, judging by the numbers that attended. Your appearance and knowledge of the issue helped to give it the substance that it deserves. Sincerely, Kathy A/mquist, President PINE BROOK DISTRICT PROPERTY OWNERS'ASSOCIATION, INC Larchmont, NY 10538 SUPERVISOR REPORTS The Supervisor reported that Ferrandino and Associates would be studying the uses and problems around the Myrtle Boulevard area and that there would be a meeting on November 10, 1998 at 7:00 PM at the Weaver Street Firehouse with residents and property owners in that area to discuss their concerns. She said that invitations had been sent. Also that there would be a meeting with the County to discuss securing grants if possible to enhance aesthetics, lighting, parking and other uses. She emphasized that input from the residents was needed and asked that their recommendations and concerns be given. Supervisor Price gave the dates of the budget work sessions and said that everyone was welcome to attend and give comment. She said the Brook looks beautiful and the changes made there were incredibly pleasant. She commented on the major sanitation schedule changes that would be implemented Christmas, and that there would be no collection on Veteran's Day. She also commented on the airport proposal to build an addition to the building. She said that there are many concerns regarding filtration and surface water and that we are presently under a violation of the surface water law and a lot of that is being caused by the airport's bad management program. The Supervisor then congratulated the newly elected officials, State Senator Suzi Oppenheimer and State Legislator Ron Tocci. She then read the following proclamation: 8 November 4, 1998 PROCLAMATION JEFFERSON D. MEIGHAN WHEREAS; Jeff Meighan is a special individual and most deserving of the honors bestowed upon him by the Washingtonville Housing Alliance; and WHEREAS, Jeff has given so much of himself, to his family, his friends, and his community; and WHEREAS, because of his care and concern for people, he was instrumental as founding member of the Washingtonville Housing Alliance. Jeff has continued his support and guidance to the Washingtonville Housing Alliance for the last eighteen (18) years. He serves as the Managing Director of the Eugenie F. Wright Foundation, which gives block grants to local non profit community groups to assist individuals in need. WHEREAS, Jeff Meighan truly believes in the goodness of mankind and exemplifies the true spirit of volunteerism. NOW THEREFORE, BE IT RESOLVED that I, Elaine Price, Supervisor, and the members of the Town Council of the Town of Mamaroneck hereby present this Proclamation to JEFF MEIGHAN to honor and recognize him for his extraordinary service to this community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 2ND day of November 1998. ADJOURNMENT On motion of Councilman Ryan, seconded by Councilwoman Wittner, the meeting was adjourned at 9:30 PM . Patricia A. DiCioccio, Town Clerk C:\MSOFFICEI WINWORD IMINUTES198MINF111-04.98x.doc 9