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HomeMy WebLinkAbout1999_07_14 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING -Wednesday, July 14, 1999 -Town Center Court Room - 8:15 PM THE TOWN BOARD WILL CONVENE at 6:30 PM into a Work Session to discuss Capital Project: Recreation, 1999 Environmental Bond Act Grant, Zoning Code RE: Structures and at 7:45 PM adjourn into an Executive Session to discuss certiorari and sale of land. CONVENE REGULAR MEETING RECESS INTO WORK SESSION CONVENE AND RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION - Location of Exits GEORGE LATIMER, COUNTY LEGISLATOR - COUNTY UPDATE BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Authorization - Service Award Contracts 3. Other Business AFFAIRS OF THE TOWN 1. Approval of Certiorari 2. Authorization - Sale of Town Land 3. Authorization - Study of Highway Department Yard 4. Authorization - Bond Resolution - Fuel Tanks Establish Capital Project- Fuel Tanks 5. Report of Bids - Contract TA 99-5 - Sidewalks/Curbs 6. Report of Bids - Contract TA 99-4 - Recording System - Police Department 7. Resolution - Oath of Office -Amendment to Administrative Manual 8. Resolution - Polices Pension Fund Adjustment 9. Salary Authorizations - Conservation Corp. - Recreation 10. Authorization — Budget Adjustment— Establish Capital Project 98-04 Boston Post Road Improvements 11. Approval - Freedom of Information Officer-Ambulance District 12. Approval - Change Dates of September Board Meetings APPROVAL OF MINUTES - May 19, 1999 ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings - August 18, 1999 - September 1, 1999 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 JULY 14,1999 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Paul A. Ryan Councilwoman Valerie M. O'Keeffe i Councilman Barry Weprin Councilwoman Phyllis Wittner Councilwoman Judith A. Myers ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Charlene Indelicato, Town Attorney CONVENE EXECUTIVE SESSION The Board convened into a Work Session at 6:30 PM in Conference Room A of the Town Center to discuss Capital Project: Recreation, 1999 Environmental Bond Act Grant, Zoning Code on Structures and at 7:45 PM adjourn into an Executive Session to discuss certiorari and sale of land. On motion duly made and seconded the Board adjourned at 8:35 PM to the Court Room. CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor Ryan at 8:40 PM, who then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Ryan at 8:40 PM. Present were the following members of the Commission: Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Commissioner: Phyllis Wittner Commissioner: Judith A. Myers 1. Fire Claims: Commissioner Weprin presented fire claims for authorization of payment , thereafter on Commissioner Weprin's motion, seconded by Commissioner Wittner, it was unanimously: July 14, 1999 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: AAA Emergency Supply Co., Inc. 95.50 AAA Emergency Supply Co. Inc. 40.00 AAA Emergency Supply Co., Inc. 40.00 AAA Emergency Supply Co., Inc. 51.25 AT &T Wireless 120.59 Bell Atlantic 874.20 Cleaning Systems Cleaning 266.30 Cleaning Systems Cleaning 29.00 Con Edison 2.00 Fire-End & Croker Corp. 1141.23 Gall's Inc. 254.95 Lesco 15.85 Lucent Tec. 100.30 Medtronic Physio Control 130.12 New Court Financial 199.62 OSP Fire Protector 80.00 Poland Spring 45.95 Printwear Plus 643.00 Redwood Nursery 171.00 Redwood Nursery 342.50 Redwood Nursery 40.00 Redwood Nursery 56.00 Redwood Nursery 99.00 R & L Consulting 98.00 Roberts 475.00 Sound Shore Chief Assoc. 100.00 Sound Shore Pest Control 120.00 Town of Mamaroneck Professional 220.08 Tri City Auto Parts 121.52 The Tool Nut 496.70 Westchester Elevator 170.00 Westchester Joint Water Works 754.12 VFIS 68,447.40 TOTAL $75,841.18 2. Authorization -Service Award Program The Town Administrator said that this agreement sets forth the terms and conditions for the implementation of the new plan. VFIS and the Town have clarified all of the outstanding issues regarding these agreements. The outstanding questions had to do with the following: • Incorporation of all terms listed in the November 30, 1999 proposal to the Town. • A copy of the investment contract was provided for our review. • Clarification of the fact that all VFIS documents regarding our plan would be turned over to the Town in the event of the termination of the agreement. • Certification of VFIS that they carried errors and omissions insurance. • Statement of VFIS that they are responsible for their negligence. • Requirement for an administrative policy from VFIS specifying payment schedules, late charges, etc. All of the above has been agreed to by VFIS and are included in the package of agreements. The Town Attorney and I have reviewed the documents and are prepared to recommend their acceptance. Authorization is therefore requested to execute these agreements on behalf of the Town. Councilwoman O'Keeffe said that this was a good agreement and thanked the Administrator for getting all the questions answered. 2 July 14, 1999 Councilwoman Myers asked whose responsibility it would be if there was negligence. Mr. Altieri answered that VFIS as the Broker between the Town and the covering agencies, had to ensure they for covered for negligence. Supervisor Ryan agreed that this is a well thought out agreement that was long in the works. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Board of Fire Commissioners does hereby approve the Agreement between the Town and VFIS for them to provide the service awards as outlined in said agreement for the volunteers in Fire District No. 1; and BE IT FURTHER, RESOLVED, that the Town"Administrator is hereby authorized to execute said agreement on behalf of the Town. 3. Fire Report for the month of May 1999 Commissioner O'Keeffe read the following fire report. It summarizes the nature and origin of calls, the number of men responding and the total times spent at fire calls. NATURE OF CALLS: ORIGIN OF CALLS: GENERAL 16 FIRE PHONE 12 MINOR 11 TOWN POLICE 09 STILLS 01 LARCHMONT FD. 03 FALSE 14 COUNTY CONTROL 02 OUT OF TOWN 00 911 01 MONTHLY DRILL 02 OTHER 01 TOTAL 30 TOTAL 28 TOTAL NUMBER OF MEN RESPONDING: 298 TOTAL HOURS RESPONDING: 10 HOURS AND 25 MINUTES submitted by Michael J. Acocella, Fire Chief. Councilwoman O'Keeffe reported that she had attended the last meeting of the Fire Council to discuss the new EMS response plan, there had been 15 calls, which is a significant number. It all seems to be working really good and since she had raised questions on it at a prior meeting she now thought it necessary to acknowledge that all her questions had been adequately answered. There being no further business to come before the Commission, on motion of Commissioner Myers, seconded by Commissioner Wittner, the Commission unanimously adjourned at 8:55 PM. Supervisor Ryan stated that last week a blackout had occurred that had affected 47,000 residences and businesses. He said those people were entitled to a reimbursement by Con Ed for damages for up to $100 for homes and up to $2000 for businesses. The claims must be filed within thirty days to be eligible for the reimbursement. He then introduced the Chair of the County Board of Legislators and our representative to that Board, George Latimer, County Legislator who was here to update us on County matters. Mr. Latimer spoke on: Sewer Renovations -said they are moving along in Larchmont Village, waiting for a calculation of what the cost would have been if each municipality had independently had to perform the 3 July 14, 1999 mandated renovations of them. Waste Carters - reported that the County is close to finalizing the law on scrutinizing the backgrounds of carters, it's a complicated law. They had held a public hearing on the law and all comments were and still are welcome. Bar Closings-the County has reached a compromise on the time that bars must close from the present 4 AM. to 3 AM. Many of the communities wanted the 2 AM. closing but the County had voted to pass a resolution which will recommend to the State Liquor Authority that the closing be changed to 3:00 AM. IKEA - He requested that any hearings or meetings held regarding the IKEA project be forwarded to him since many communities will be impacted. Supervisor Ryan said that he agreed that the impact of the IKEA site will be felt regionally because of the size, traffic, and environmental issues. Everyone thanked Mr. Latimer for attending. 914 Area Code - He stated that it was important for the Town Board and the residents to lobby for the 914 area code for Westchester County. We have the most businesses, residents and industry (who would be disrupted). Letters should be written to the Public Service Commission with copies to himself and Andrew Spano. AFFAIRS OF THE TOWN 1. Approval of Certiorari On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the settlement of the following certiorari as recommended by the Town Attorney, Charlene Indelicato: Carlshire Tenants - 1-3 Washington Square Block 133 Lot 449 Year Assessment Reduced To Amount of Reduction 1995 Discontinued 1996 $343,000 $323,000 $20,000 6% 1997 $343,000 $308,000 $35,000 10% 1998 $343,000 $308,000 $35,000 10%, The Town will refund approximately $13,000 for 3 years. The loss to the Town is approximately $5,000 per year. 1370 Boston Post Road, LLC - 1370 Boston Post Road Block 410 Lot 1 Year Assessment Reduced To Amount of Reduction 1998 $38,500 $17,500 $21,000 50% The Town will refund approximately $3,200. The loss to the Town is approximately $3,200. Estate of Theodore Levy- 2135 Palmer Avenue Block 601 Lots 486.2, 463 and 1100 Village of Larchmont 4 July 14, 1999 Year Assessment Reduced To Amount of Reduction Block 601 Lot 482.2 1997 $103,900 $84,000 $19,900 19% 1998 $103,000 $84,000 $19,900 19% Block 601 Lot 463 1997 Discontinued 1998 Discontinued Block 601 Lot 1100 1997 Discontinued 1998 Discontinued The Town will refund approximately $550 for two years in question. The loss to the Town is approximately $275 per year. The Village will refund approximately $7,200 for two years. The loss to the Village is approximately $3,600 per year. 2. Sale of Town Land -THIS ITEM WAS HELD OVER 3. Authorization -Study of Highway Department Yard The Town Administrator explained over the last five years it has become evident that the Town yard on Maxwell Avenue is reaching a point of obsolescence. The facility, built in 1962, no longer serves many of our needs. The greatest concern has to do with the repair facility for Town vehicles. Right now, the repair bays will not house our 20-yard refuse vehicles, repairs to refuse vehicles must be done outside by rearranging equipment in other garage bays. The technology of vehicles now also requires housing more diagnostic equipment and tools. A review of the existing buildings would be made to determine if modifications are possible or whether a new building is necessary. Vehicle storage is another area of concern as equipment has increased in size over the years. As you know the yard is shared between the Sanitation Commission and the Town Highway Department. In order to accommodate the needs of recycling, the Commission stores tractor-trailers for.the transfer of the recycling material. We therefore need to look at alternatives for rearranging the yard to accommodate all of the equipment of the Highway Department and Commission. Also, we are proposing the use of the Town yard for the recycling of organic waste. This operation will require us to store more trailers (we now have 6; would need from 8 to 10) for the transportation of the material collected. The Board was given a proposal from our consulting engineers, Dolph Rotfeld Associates to conduct the study of the Town yard. Rotfeld Associates would conduct this study with the firm of Commercial Vehicle Consultants of New Jersey who have worked with Rotfeld Associates on public works yard projects for the City of New Rochelle and the Town of Harrison. Both communities have been pleased with the firm's work. This project has been discussed periodically over the last five years and the Town Board in 1994 set aside $20,000 in a capital project for this type of feasibility study. Therefore funding for the study is in place, and authorization is therefore requested to conduct a feasibility study for improvements to the Town yard using the services of Rotfeld Associates in accordance with the attached proposal at a cost not to exceed $15,000. Councilwoman O'Keeffe asked if the Town had gone to bid for this project. The Administrator replied that it had not, especially since we have Engineering Consultants working on this project. Councilwoman O'Keeffe agreed that the study is necessary but would like to see competition in the bidding. Mr. Altieri said the Town has reached a point where we can no longer push the project aside. It is important to at least identify the problems and establish alternatives for improvements. As an operational hub for the Highway Department and Sanitation Commission the efficiency of the yard becomes important to the overall delivery of Highway and Sanitation services and the 5 July 14, 1999 pricing seemed appropriate. Councilwoman Myers questioned the yard being used for disposal, asking if there would be an odor. The Administrator replied that the waste would be separated organic material. This system will give further incentive to gardeners and residents to separate organic waste but that the material would be moved out within 24 to 48 hours; so yes, there could be odors but the material will be moved out quickly. Supervisor Ryan was concerned on the timing and thought it necessary to being this study before the budget work sessions begin. On motion of Councilwoman Myers, seconded by Councilman Weprin, the following resolution was adopted: RESOLVED, that the Town Board does hereby approve that Rotfeld Associates be hired to conduct a study at the Town Yard located on Maxwell Avenue, along with the firm of Commercial Vehicle Consultants of New Jersey, as the project has funding of$20,000 set aside by the Town Board in 1994 in a capital project for this type of feasibility study, no further funding is necessary and said project is not to exceed $15,000; and BE IT FURTHER, RESOLVED, that the Town Administrator is hereby authorized to execute said agreement on behalf of the Town. Ayes: Myers, Wittner, Weprin, Ryan Nays: O'Keeffe 4. Authorization - Bond Resolution Fuel Tank Replacement. The Town Board authorized Contract#99-3 for the replacement of fuel tanks at the Maxwell Avenue yard. This project is necessitated by a mandate from the federal Environmental Protection Agency to upgrade all underground storage tanks. The bond resolution would authorize the borrowing of an amount not to exceed $250,000.00 Although the base contract for this project is in the amount of$98,600.00, there is a project contingency of$100,000.00 for the removal of underground soil that may be contaminated with petroleum product. There is also an additional amount of$35,000.00 to reflect engineering services. The balance of the monies would be necessary for bonding expenses. The recommendation is for the Town Board to adopt the attached resolution and to also authorize the establishment of Capital Project Account 99-1 for this project. At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester County, New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on July 14, 1999 at 8:15 o'clock PM, Prevailing Time. The meeting was called to order by Supervisor Ryan , and upon roll being called, the following were PRESENT: Supervisor Paul A. Ryan Councilwoman Valerie O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner Councilwoman Judith Myers ABSENT: None 6 July 14, 1999 The following resolution was offered by Councilwoman Myers, who moved its adoption, seconded by Councilwoman Wittner, to-wit: A RESOLUTION AUTHORIZING THE ISSUANCE OF $250,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE AND INSTALLATION OF UNDERGROUND LIQUID FUEL TANKS AT THE TOWN HIGHWAY GARAGE AND EXCAVATION, EMPTYING AND REMOVAL OF EXISTING TANKS THEREAT 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 specific objects or purposes of paying the cost of purchase and installation of underground liquid fuel tanks at the Town highway garage, at a maximum estimated cost of$125,000, and the excavation, emptying and removal of existing tanks thereat, at a maximum estimated cost of$125,000, including, in each case, incidental improvements and expenses in connection therewith, of and for the Town of Mamaroneck, Westchester County, New York, at a maximum aggregate estimated cost of$250,000, there are hereby authorized to be issued $250,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific objects or purposes is $250,000, and the plan for the financing thereof shall be by the issuance of the $250,000 serial bonds authorized pursuant to this bond resolution, allocated to each specific object or purpose in accordance with the maximum estimated cost of each stated in Section 1 hereof. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid purchase and installation of underground fuel tanks is fifteen years, pursuant to subdivision 88(a) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the aforesaid excavation, emptying and removal of existing tanks thereat is ten years, pursuant to subdivision 88(b) 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. 7 July 14, 1999 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 may be 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 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 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 Journal News, 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 8 July 14, 1999 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 Myers VOTING AYE Councilwoman Wittner VOTING AYE Councilman Weprin VOTING AYE Councilwoman O'Keeffe VOTING AYE Supervisor Ryan VOTING AYE The resolution was thereupon declared duly adopted. 5. Report of Bids: Contract TA99-5 -Sidewalk and Curb Replacement Mr. Altieri said this contract is for the replacement of concrete sidewalks, resetting and/or installing new stone curbing in locations designated for this work which include Stoneyside Drive, Mulberry Lane, East Garden Road, Greystone Road, and Ellsworth Road. Alternate bids were taken to add Harmon Drive and Dante Street to the project. The Town Board, in the 1999 Town Budget, appropriated $260,000 for sidewalk replacement, curb replacement, and road resurfacing, based upon the available budget funds an award of the total contract would eliminate funding for road resurfacing. The recommendation therefore is to award the base contract of$149,462.50 to the lowest bidder, Acocella Contracting, to complete the work originally scheduled, which will allow the Town to expend the balance of the appropriation for the needed road resurfacing. On both Dante St. and Harmon Drive, we will make repairs to those sections of the sidewalk that are in the greatest disrepair. Bids submitted as follows: NAME OF BIDDER ADDRESS OF BIDDER BASE BID ALT. "A" ALT. "B" Acocella Contracting, Inc. 68 Gaylor Rd.,Scarsdale, NY $149,462.50 $76,962.50 $30,181.25 Peter J. Landi, Inc. 249 Main St., Eastchester, NY $170,062.50 $83,712.50 $30,775.00 Dimar Contracting, Inc.. 63 Maple Ave.,Tuckahoe, NY $179,000.00 $93,275.00 $35,672.50 Vincent Ruciano Constr. 2243 Hollers Ave., Bronx, NY $210,100.00 $95,625.00 $34,575.00 Vernon Hills Contr. 395 N. MacQuesten Pkwy, Mt.Vernon, NY $220,565.00 $92,930.00 $33,217.50 Tony Casale, Inc. 165 Summerfield St.,Scarsdale, NY $238,275.00 $126,225.00 $49,475.00 Barreto Construction 169 Highland St., Port Chester, NY $240,375.00 $114,937.50 $44,937.50 N. Picco&Sons Contr. 154 E. Boston Post Rd., Mam'k, NY $251,150.00 $112,475.00 $39,275.00 Stonehenge Group, Ltd. P.O. Box 132 Armonk, NY $267,725.00 $128,625.00 $48,687.50 McNamee Constr. Corp. P.O. Box 182. Lincolndale, NY $293,700.00 $140,200.00 $52,750.00 Councilwoman O'Keeffe requested egregious patches be repaired especially where they pose danger. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that this Town Board hereby authorizes that Contract TA-99-5 for sidewalk and curb replacement Acocella Contracting, the lowest responsible bidder, for them to furnish the Town with sidewalk replacement, curb replacement and road resurfacing at a total cost of$149,462.50; and BE IT FURTHER, RESOLVED, that the Administrator is hereby authorized to execute said contract on behalf of the Town. 9 July 14, 1999 5. Report of Bids: Contract TA99-4 Telephone Recording Device The Administrator said on Wednesday, July 7, 1999 bids were publicly opened and forth the above referenced contract. The contract called for a vendor to furnish and deliver a telephone- recording device for the Police Department. The device was to replace the existing recorder that is used for recording adio and telephone communications in the Department.9 p p t. One bid was received from Business Electronics Inc. of Westport, Connecticut. to furnish the equipment at a total cost of$24,000. The equipment bid met our specifications however there was a concern in this case that only one bid was received. Specification packets were sent to three vendors for pricing and w have since contacted the other vendors and found that they were interested in submitting bids but were unable to do so at that time. In this instance we believe the one bid is not necessarily representative of the best pricing for this equipment. Our anticipated expense for the recording equipment was $18,000 to $20,000. The recommendation is therefore to reject the one bid received and we will then reissue the specifications and hopefully obtain more competitive pricing. On motion of Councilwoman Myers, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that this Town Board hereby rejects the bid for Contract TA-99-4 for telephone recording devises from Business Electronics, the only bidder for recording radio and telephone communications equipment for the police department. The Board believes that the one bid is not representative of the best pricing for this equipment. 7. Resolution - Oaths of Office -Amendment to Administrative Manual The Administrator said there is a need to clarify the procedure to assure that all Town employees file an oath of office as required by New York State Law. Oaths of office are required of elected officials, appointed Town officers, and all employees in the competitive civil service class. We have discovered that some employees were not administered an oath of office at the time of their original employment. To resolve this matter we are identifying the employees that must file the oath of office. In order to reconcile the records, the Town Attorney has drafted a resolution for consideration by the Town Board. In addition, the Town's Administrative Manual should be amended to establish a written procedure for the administration of the oath of office. The following is draft wording to amend Chapter 2, Section 2.6 of the Administrative Manual. Section B is the proposed amendment to the section of the manual. a. The orientation of new staff members is the responsibility of the Assistant to the Town Administrator, Deputy Comptroller and the Department Head. Upon employment, the new employee receives an explanation of Town personnel policies, benefits and payroll procedures. b. Elected Officials, members of boards and commissions, appointed Town officers and employees appointed in the competitive civil service class will be administered an oath of office in accordance with the requirements of the laws New York State. The oath of office shall be administered and filed in the Town Clerk's Office. On motion of Councilwoman Myers, seconded by Councilwoman O'Keeffe the following resolution was adopted: WHEREAS, an Oath of Office is required of every officer and/or employee except the laborer class pursuant to New York State Law; and WHEREAS, the Town has discovered some employees were not administered said oath; and WHEREAS, to insure that all officers and employees have and will take an oath of office as required by State Law, an administrative 10 July 14, 1999 policy is hereby established and attached hereto; and THEREFORE, BE IT RESOLVED, in-order to implement said policy in a timely an efficient manner, that all current officers and employees required to file an oath of office shall have such oath administered by September 1, 1999 and filed with the Town Clerk within 30 days of administration; and BE IT FURTHER RESOLVED, that such oaths shall be retroactive to the date of their original appointment and that both the date of appointment and the date the oath was administered be reflected on the filed copy of the oath. 8. Police Officer's Pension Fund Mr. Altieri said that prior to the establishment of the New York State Retirement System, police officers were enrolled in the Town of Mamaroneck Police Pension Fund. The Pension Fund provided benefit to retired police officers and their families. There remains one remaining widow from the original Police Pension Fund that currently receives a monthly entitlement of$200.00. To the best of our knowledge, based on existing records, the $200.00 allowance has not been increased in 15 - 20 years. Therefore, the proposal is to increase the allowance at this time. The recommendation is to increase the monthly allowance from $200.00 to $400.00 effective immediately. Attached is a draft resolution that would authorize the increase in the Police Pension allowance. Councilwoman Wittner thanked the staff member who had brought this to her attention. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe the following resolution was adopted: WHEREAS, the Town of Mamaroneck Police Officer Widow's Pension Fund provides a pension to one remaining Police Officer's widow outside the New York State Police Retirement Fund; and WHEREAS, the widow of the Police Officer currently receives $200.00 per month from the Town; and WHEREAS, there have been no increases in such pension for approximately 6 years; and WHEREAS, the Town of Mamaroneck Pension Board has made a recommendation to the Town Board of Mamaroneck to increase such pension to $400.00 per month. NOW THEREFORE, BE IT RESOLVED, that the Police Officer Widow's Pension Fund for the remaining widow, Tobine Deveau be increased to $400.00 which amount shall be retroactive to January of 1999. 9. Salary Authorizations - Conservation Corp. - Recreation CONSERVATION On motion of Councilman Weprin, seconded by Councilwoman Wittner, it was unanimously, 11 July 14, 1999 RESOLVED,that as provided for in the 1999 Town Budget that the Town Board does hereby authorize the payment of salary to the following: NAME RESIDENCE STATUS PAY POSITION EFFECTIVE DATE James Aronson Larchmont New Hire $7.50/hr Laborer July 7, 1999 Eric Friedman Larchmont New Hire $7.50/hr Laborer July 7, 1999 Peter Jablonowski Larchmont New Hire $7.50 1hr Laborer July 7, 1999 Joshua Marks Larchmont New Hire $7.50/hr Laborer July 7, 1999 Joseph Platt New Rochelle New Hire $7.50/hr Laborer July 7. 1999 Christopher Riggans Mamaroneck New Hire $7.50/hr Laborer July 7, 1999 Justin Stein Larchmont Re-Hire $7.75/hr Supervisor/ July 7. 1999 Laborer Zachary Warnow Mamaroneck Re-Hire $7.50/hr Laborer July 7, 1999 Gregory Zimmerman Larchmont New Him $7.50/hr Laborer July 7, 1999 RECREATION On motion of Councilman Weprin, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that as provided for in the 1999 Town Budget that the Town Board does hereby authorize the payment of salary to the following: HOMMOCKS PLAYGROUND Salvatore Sgobbo Assistant Director $480.00/week Kris Miemis Sport Specialist $329.00/week Karla Romanek Unit Leader $308.00/week Billy Farrell Counselor $255.00/week David Jacks Counselor $249.00/week Michael Jackson Counselor $240.00/week Rami Riad Counselor $239.00 1week Jen Torabene Counselor $239.00/week Sheena Varghese Counselor $239.00/week Carrie Gabel Counselor $222.00/week Jamie Tornabene Counselor $222.00 1week Dan Joseph Counselor $185.00/week Sara Kayden Counselor $185.00/week Sandra Maresca Counselor $185.00/week Joe Paprota Counselor $185.00/week Tracy Augustine Life Guard *$ 8.75/hour Tyra Barksdale Counselor $200.00/week Michael Rose Counselor $200.00 1week Cherie Covington Counselor $235.00/week Kuninori Ogo Counselor $240.00 1week Enzo Salvo Counselor $180.00/week Candice Offutt Counselor $222.00/week MONROE PRE SCHOOL Garbielle Van Bueren-Weigel Counselor $210.00/week Dean Einzig Counselor $180.00/week Sabrina Schimoler Counselor $175.00/week Josh Ancowitz Counselor $160.00 1week Jasmin Job Counselor $160.00/week Jessica Pfister Counselor $160.00 1week Ariana Albert Counselor $135.00 1week Timothy Boyle Counselor $135.00/week Anna Baca Counselor $141.00/week Jen larocci Counselor $128.00/week Chris Welsh Counselor $120.00/week 12 July 14, 1999 MUSIC WORKSHOP Patricia Preiss-Harris Instructor $2,000.00/season Richard,Williams Instructor *$1,300.00/season Mark Zizolfo Instructor *$1,300.00/season Matt Bruno Instructor $ 375.00/season Liana Schweiger Instructor $ 400.00/season Mita Menezes Counselor $ 400.00/season Alex Berger Junior Counselor $ 125.00/season CENTRAL PRE SCHOOL Joanne Riina Counselor $170.00/week Elnorah Boone Counselor $153.00/week Elsa Brewer Counselor $140.00/week Donna Gitlitz Counselor $140.00/week Barbara Mendes Counselor $140.00/week Christine Buckley Major Counselor $135.00/week David Corbett Counselor $135.00/week April Dupree Counselor $132.00/week Kandie Brown Counselor $123.00 1week Kristen Alfano Counselor $ 90.00/week Erin Bimbo Counselor $ 90.00/week Jennifer Rose Pugliese Counselor $108.00/week HOMMOCKS POOL Maria Francella Manager *$12.00/hour Vi Le Swim Instructor $16.50/hour Tracey Augustine Swim Instructor $16.50/hour Tracey Augustine Life Guard *$ 8.75/hour Sabrina Schimoler Life Guard $ 8.00/hour Chris Byron Key Attendant $ 7.75/hour Rosemarie Carbone Matron $10.00 1hour John Henry Archer MSC Assistant Coach $ 8.00/hour TENNIS INSTRUCTION Larry Merker Instructor $22.00/hour $15.00/hour Karen Greenstein Instructor $15.00/hour Edan Pinkas Instructor $12.00/hour Courtney Goldsmith Instructor $ 9.00/hour Brian McCormick Instructor *$16.00/hour Elias Langgurth Instructor *$13.00/hour Elliott Chase Instructor $10.00/hour Richard Harrison Instructor $14.00/hour Dani Golden Instructor $ 9.00/hour Cathryn Patriocola Instructor $15.00/hour William Lindsay Instructor $ 9.00/hour Jordan Rose Instructor $11.00/hour *Denotes change in salary. 10. Authorization Budget Adjustment- Project#98-04-Boston Post Road Improvements 13 July 14, 1999 The Administrator said that authorization was being requested to acknowledge the receipt of a federal grant from the CDBG in the amount of$150,000 for the Boston Post Road improvement project. On motion of Councilman Weprin, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby authorize Town Comptroller to adjust the Capital Project#98-04, Boston Post Road Improvements, to reflect the receipt of the Federal Grant from the Community Development Block Grant Program. The Budget adjustment is in the amount of $150,000, which is the total amount of the Grant received by the Town. 11. Approval - Freedom of Information Officer-Ambulance District The Supervisor explained that it was necessary to designate someone to act as the Freedom of Information Officer for the Ambulance District and recommended the Town Clerk be appointed. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does hereby appoint Patricia A. DiCioccio, Town Clerk, as Freedom of Information Officer for the Ambulance District in the Town of Mamaroneck, effective immediately 12. Approval - Change Dates of September Board Meetings On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the regular meetings of the Town Board will be held in the Court Room of the Town Center, 740 West Boston Post Road, Mamaroneck at 8:15 PM on the first and third Wednesdays of each month except during the month of September, when meetings will be held on September 8, 1999 and September 22, 1999; and BE IT FURTHER, RESOLVED, that said meetings, dates and places may be changed at the pleasure of the Town Board upon adequate notice being given. ADDED ITEM: Authorization - Budget Adjustment- Establish Capital Project 98-04 Boston Post Road Improvements The Administrator requested that a budget adjustment be made and a resolution be passed to establish a capital project for improvements along the Boston Post Road. He said that they would be modifying handicapped ramps and curb cuts as well as putting more lamps in, which is scheduled to be completed in two weeks. On motion of Councilwoman Wittner, seconded Councilman Weprin, it was unanimously, RESOLVED, that the Town Board does hereby approved the establishment of a Capital Project for Boston Post Road 14 July 14, 1999 Improvements and also approve the budget adjustment in the amount of$150,000. APPROVAL OF MINUTES On motion of Councilwoman O Keeffe, seconded by Councilwoman Myers, it was unanimously RESOLVED, that the Town Board does hereby approve the Board minutes from the meeting of May 19, 1999, as amended. ORAL COMMUNICATIONS The following statement was read by John Hamblet of 72 North Chatsworth Avenue. In November 1997 shortly after buying our home, we replaced all the window box air conditioners with a central air conditioning system. We believed our decision would provide a more attractive, efficient, environmentally sensitive, and frankly more comfortable alternative to the eight window and wall units hanging out of our house. Our neighbors, concerned about the noise that would be generated, appealed to the Zoning Board of Appeals(Case Number 2332). The issue at question was the town's long standing policy that a central air conditioning unit was not a structure. It was the intent of the appeal to have this determination changed. in August 1998, the director of buildings had ruled that an air conditioner was not a structure. Oddly enough, this policy(or case) was not defended by the town. Because our home was the "test case"we bore the costs of defending the town's policy. As a result of my unsuccessful defense of the town's long-standing interpretation, the Zoning Board of Appeals on Feb 24, 1999 changed its interpretation of the term structure to include all central air conditioning units. No existing units were grandfathered This change means that everyone with a central air conditioner, no matter when it was it;stalled, is required to file for a building permit. All the rules and regulations that govern "structures"now apply to central air conditioners. This includes set-back regulations. To compound the problem this change has never been communicated to the citizens of our town. I asked how this would be accomplished on Feb 24 and in writing on June 8 and June 25. The only response I have received from the town was a court summons. Examples of the Problem This interpretation will generate many problems for the town. Let me give four examples of the problems associated with this change: The change affects a large number of people. A casual estimate of the number of central air conditioners in our town indicates that between 1,000 to 3,000 households are affected. The Zoning Board of Appeals Feb. 24 ruling requires that every one of these households must file for a building permit without which they are in violation of zoning regulations. I assume the interpretation must also be applied to all businesses and religious, educational and government buildings. I can not estimate how many others are affected. Another complication is the appeals process. Due to the size of many of our lots many will find their air conditioners do not comply with the setback regulations. In my case that's ten feet on both sides of the house and 25 feet in front and back. My house doesn't even meet those criteria but was grandfathered when the existing zoning regulations were adopted in the late 50s 15 July 14, 1999 If only ten percent of all homeowners are not in compliance that is still 100 to 300 residents who will have to file for a variance. They will have to pay the $210 fee to appeal and the additional$1,000 or so for legal fees and other professional fees. And, the Zoning Board of Appeals can take on about five new cases a month-they will not clear the docket for at least three and a half years! A third problem is selling a home with central air conditioning without disclosing that it is not in compliance with building regulations. I am not sure the title companies who are ensuring clear title will issue the coverage without the appropriate building permit. The fourth issue I am concerned with is the aggressive approach that the town has taken to enforce this regulation. 1 was told by the ZBA attorney at the Feb 24 meeting that I would be instructed on how the decision impacted on me. My questions at that time were not answered. After a few weeks of discussion with the Director of Buildings-I received my first written notification which gave me effectively five days to file for a building permit. Having met that deadline I then received the standard notice of disapproval allowing me 60 days to appeal. However the town decided things weren't moving fast enough and three days later wrote a summons ordering me to coup` 1 had two and half working days to find a lawyer and make arrangements - over the 4th of July weekend!An hour and a half before going to court, I was advised that if I gave up my right to the sixty days notice, my case would be postponed until Aug 2. The Zoning Board deliberated over this case for four months, a year and a half after the old air conditioners had been replaced, and the definition had been on the books for forty years but I had to respond in minutes. THE HORNETS NEST- WHAT CAN BE DONE? There are several options: Do Nothing which will force thousands of residents to file for a building permit, back up the appeals process, make a mess out of selling and buying a home, continue to harass the citizens of our town through the enforcement procedure and make the problem worse by not communicating the change. Or Modify the definition of structure one of two ways: 1. Exclude all central air conditioners erected prior to a specific date 2. Exclude air conditioners from the definition of structure Conclusion My wife and I have not enjoyed being a test case for this town. However if nothing else, we should learn from our experience. This interpretation as it stands is impractical and needs to be modified and communicated. While it may be too late for my family, action could be taken now to avoid throwing literally thousands of other families into the same situation. Mr. Williams, 11 Lundy Lane then added his concern regarding this matter as his property would be effected adversely also. He had received two violations already. There then followed a lengthy discussion on alternatives to be pursued and it was explained that the Board would have to have a study prepared before they could possibly be able to take any action on this matter. Alan Mason reported that the computer located at the Reservoir and which regulated the valve had been hit by lightning. He said that the computer was customized by a specialist, the total cost should run somewhere between $1500 to $2000. The Supervisor told Mr. Mason to get a firm estimate of the costs and since there was a line item for this type of replacement, there should be no problem with ordering a new one. Ernie Odierna said that he had attended an excellent parade held by the Village of Mamaroneck, and congratulated the Town Fire Department for getting a trophy for the best appearing Hook& 16 July 14, 1999 Ladder. He said the 1998 annual report was an excellent document. He was pleased that the board is allocating funds to repair sidewalks. He asked if there had been any progress on the Myrtle Boulevard Study. Supervisor Ryan replied that the study was still being conducted. Ernie then said that the Highway Department is doing a great job, the Brook looks beautiful. He said that there were eight dead trees along the Boston Post Road and wanted to know what could be done. The Administrator said the that the trees were slated to be replaced. Councilwoman Wittner reported that the Board would be presented with two grants to vote on at the August meeting, one for Pryer Manor Marsh and the other on the Long Island Watershed Intermunicipal Council. ADJOURNMENT The Supervisor said that the next scheduled meetings would be August 18 and September 8. On motion of Councilwoman Wittner, seconded by Councilwoman Myers the meeting was adjourned at 11:00 PM Submitted by Patricia A. DiCioccio, Town Clerk F:1DocumentslMI NUTES199m infl07-14-99x.doc 17