HomeMy WebLinkAbout1991_08_14 Town Board Regular Minutes I
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MINUTES OF THE REGULAR MEETING
OF THE TOWN BOARD AMID BOARD OF
FIRE CQW!ISSIONERS OF THE TOWN OF
MMRONECK, HELD ON THE 14TH OF
AUGUST 1991 IN THE COURT ROOM OF
THE TOWN CENTER, 740 WEST POST
ROAD, IMIDCK, NEW YORK
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CONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 7:00 p.m., at which time the Board recessed
into Executive Session.
The Executive Session held in Conference Ronan A to discuss litigation
and real estate was, on motion duly made and seconded, unanimously
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declared adjourned at 8:10 p.m.
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RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 8:20 p.m.
Present were the following members of the Board:
Supervisor Caroline Silverstone
Councilwoman Elaine Price
Councilwoman Kathleen Tracy O'Flinn
Councilman Paul Ryan
Councilman John McGarr was absent due to a death in his family.
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
Michael A. Acocella, Jr., Fire Chief
CALL TO ATTENTION
Supervisor Silverstone pointed out to those assembled the locations of
exits as required by law for public gatherings.
PUBLIC HEARING - Employees Incentive Retirement Plan
The Supervisor asked for a motion to open the Public Hearing on a
proposed local law for a retirement incentive program, and on motion
by Councilwoman Price, seconded by Councilwoman O'Flinn, it was
unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
August 14, 1991
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The Administrator briefly explained how the incentive retirement
program offered through the State Employeest Retirement System would
affect the Town insofar as the cost of implementing the plan. He noted
the amortization rate charged by the Retirement Plan for adopting and
amortizing the cost over five years, and the impact of lump stun
payments the employer might make to an employee for accumulated
vacation and sick leave. The Administrator charted the worst case
scenarios of payment that would be made for unused vacation and
accumulated sick leave under the collective agreement that
affects those employees eligible under this plan. Mr. Altieri pointed
out further recalculations and fielded some questions from the Board.
Supervisor Silverstone asked if anyone wished to comment in favor or
in opposition to the proposed amendment. Eleanor Tuzzolino, an
assessment clerk with the Town, stated that she is in favor of the
proposed law. There being no further comments from the audience, some
discussion followed among the Board, after which the Supervisor asked
for a motion to close the Hearing. On motion by Councilwoman Price,
seconded by Councilwoman O'Flinn, the Public Hearing was unanimously
declared closed.
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Thereafter, on motion by Councilwoman Price, seconded by councilman
Ryan, the following resolution was unanimously adopted:
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LOCAL LAW NO. 7-1991
A LOCAL LAW electing a retirement incentive program as authorized
by Chapter 178, Laws of 1991 for the eligible employees of
the Town of Mamaroneck.
jBE IT ENACTED by the Town Board of the Town of Mamaroneck,
as follows:
Section 1. The Town of Mamaroneck hereby elects to provide
all its-eligible employees with a retirement incentive
program authorized by Chapter 178, Laws of 1991.
Section 2. The commencement date of the retirement incentive
program shall be October 1, 1991.
Section 3. The open period during which eligible employees
may retire and receive the additional retirment benefit,
shall be ninety (90) days in length.
Section 4. The actuarial present value of the additional
retirement benefits payable pursuant to the provisions of this
local law shall be funded over a five-year period. The amount of
the annual payment in each of the five years shall be determined
by the Actuary of the New York State and Local Employees,
Retirement System, and it shall be paid by the Town of Mamaroneck
for each employee who receives the retirement benefits payable
under this local law.
Section 5. This act shall take effect upon filing with the State
of New York.
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Caroline Silverstone VOTING aye
Elaine Price VOTING aye
John McGarr VOTING absent
Kathleen Tracy O'Flinn VOTING aye
Councilman Paul Ryan var= aye
The resolution was thereupon declared duly adopted.
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August 14, 1991
BOARD OF FIRE 00=SSIONERS
The meeting was called to order by Commissioner Silverstone at 8:40
p.m. in the Court Room.
Present were the following members of the commission:
Can nissioner Caroline Silverstone
Commissioner Elaine Price
Commissioner Kathleen Tracy 01Flinn
Commissioner Paul Ryan
Commissioner John McGarr was absent due to a death in his family.
1. Fire claims
commissioner Ryan presented fire claims for authorization of
payment and upon his motion, seconded by Commissioner Price, it
was unanimously
RESOLVED, that this Commission
hereby authorizes payment of the
following Fire Deparbwmt claims
as approved by the Fire Chief and
audited by the Comptrollers Office:
AAA Emergency Supply Co. , Inc. $ 9.00
AAA Emergency Supply Co-. , Inc. 83.20
A&C / Furia 350.00
All County Appliance Service 60.00
August Electrical Service 170.00
Brewers Hardware 22.99
Brewers Hardware 112.21
Brewers Hardware 108.38
Continental Loss Adjusting Svs. , Inc. 1,461.99
Coyne Textile Services 66.27
Coyne Textile Services 43.35
Dri-Chem Extinguisher Co. 536.45
Dri-Chem Extinguisher Co. 77.40
Dr.i-Chem Extinguisher Co. 134.50
ESCO 27.25
Excelsior Garage & Machine Works, Inc. 48.00
Excelsior Garage & Machine Works, Inc. 6,325.62
Franklin Cleaners 261.00
Garfield-Wolar Elec. Corp. 16.88
Imperial Bag & Paper Co. 267.53
Larchmont Auto Parts 29.45
Lawrence Heat & Power Corp. 321.28
Linens'n Things 55.94
New Rochelle Water Co. 146.56
NYNEX 36.00
Rickert Lock & Safe Co. 22.50
Sterling Contractors of West. , Inc. 225.00
Stuart-Dean 400.00
Technical Electronics, Inc. 65.00
Town of Mamaroneck Professional Fire Fighters Assoc. 94.32
West. County Assoc. of Fire Chiefs 125.00
Westchester Joint Water Works 13,571.00
Wilkie Farr & Gallagher 30g0.p00
Westchester Career^Fire Chiefs Academy $ 25'59700.070
$ 26,474.07
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August 14, 1991
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2. Authorization - Agreement Architectural Feasibility Study
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Weaver Street Firehouse
Per many from the Fire chief noting the July 29th meeting of the
Building Committee resulted in decision to choose the firm of
John Sullivan Architects to begin Phase I of the refurbishing of
Fire Headquarters, on motion by Commissioner Price, seconded by
Commissioner Ryan, it was unanimously
RESOLVED, that this Board hereby
authorizes the Town Supervisor
and the Fire Chief to enter into
contract with the firm of John
Sullivan Architects for a feasibility
study of the Weaver Street Firehouse.
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3. Salary Authorization
Chief Acocella informed the Board that two Firefighter positions
have been filled, bringing the Department to a full capacity of
14 paid men. Thereafter, on motion by commissioner Price,
seconded by Commissioner O-IFlinn, it was unanimously
RESOLVED, that this Board hereby
I appoints Michael Repp, Jr. of
Ratonah, New York to the position
of probationary Firefighter as
per Open Competitive List #69-797
at an annual salary of $22,000
effective August 12, 1991;
and be it further
RESOLVED, that this Board hereby
appoints Peter Zielinski of
Congers, New York to the position
of probationary Firefighter as
per Open Competitive List #69-797
at an annual salary of $22,000
effective September 3, 1991.
4. Other Business
Chief Acocella submitted the Report of the Month for the Fire
Department. The Chief commented that on July 10th he had sent a
letter to the Village of Larchmont Recreation Department,
requesting use of Flint Park for the Fire Departments annual
picnic, a usual practice for the past 35 years, noting that the
Department assists Larchmont with mutual aid calls. He went on
j to say that they would grant permission with two stipulations,
the first that Fire members not park in Flint Park and the second
that they pay a clean-up fee. He mentioned that Town Fire
members were angered by these stipulations since they have always
left the Park clean and neat, and futher, this Board approved
without question the use of the Hammocks parking lot for
Larchmont's centennial and he felt this treatment was very
unfair. A somewhat lengthy discussion ensued.
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August 14, 1991
Commissioner O'Flinn expressed concern about State cuts in fire
instructors and the impact on volunteer firefighters. The Chief
responded that the State infornied the Department to have its
Association of Volunteers send letters to our Congressmen in an
effort to try to restore some of the monies. commissioner
O•Flinn stated that she would be happy to write to the Governor
as well as the Secretary of State.
There being no further business to cue before this Commission, on
motion by Commissioner Price, seconded by Commissioner Ryan, the
meeting was unanimously declared adjourned at 9:20 p.m.
AFFAIRS OF THE TOWN
1. Appointment - Recreation commission
On recommendation and motion by Councilwoman Price, seconded by
Councilwoman O'Flinn, it was unanimously
RESOLVED, that this Board hereby
appoints Terry. Rainaldi of Kilmer
Road, Larchmont Village, to the
Town of Mamaroneck Recreation
Commission for a tern expiring
in August 1998.
2. Authorization - Settlement of Certiorari
This item was held over to the next meeting.
3. Authorization - Larchmont Library Contract
On motion by Councilwoman Price, seconded by Councilman Ryan, it
was unanimously
RESOLVED, that this Board hereby
authorizes signing of the contract
between the Village of Larchmont
and Town of Mamaroneck with
regard to the Larchmont Public
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Library.
4. Authorization - Amendment to Easement Resolution-County of
Westchester
The Administrator briefly explained that the County had granted
an easement in February 1988 which, it has since been discovered,
did not include all the lots covering the easement and that an
error was made in identifying the section designation. On motion
by Councilman Ryan, seconded by councilwoman Price, the following
resolution was unanimously adopted:
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August 14, 1991
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WHEREAS, the Town of Mamaroneck is undertaking to make certain
improvements and corrections to its sanitary sewer system; and
WHEREAS, on of the improvements in said project is the
construction of a sanitary sewer pump station and force main; and
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WHEREAS, the County of Westchester currently owns easement rights
in and across certian properties in the project area known more
particularly a Section: 1 Block 125 Lots: 372, 384, 457, 465,
477 and 243, Which easement rights the County does not now use or
require; and
WHEREAS, it has been determined that the preferred route of the
proposed force main would utilize the County,s easement area;
NOW, THEREFORE BE IT
RESOLVED, that the Town of Mamaroneck hereby requests of the
County of Westchester that said County transfer its rights in and
for said easements to the Town of Mamaroneck for the purpose of
the construction of a force main in connection with its sanitary
j sewer system.
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5. Authorization - School Tax Warts - Union Free School District
Towns of Scarsdale and Mamaroneck
On motion by Councilwoman Price, seconded by Councilman Ryan, it
was unanimously
RESOLVED, that the Town Board of the
Town of Mamaroneck, in accordance with
Section 550a of the Westchester County
Tax Act, being Article 16 of the
Westchester County Administrative Code
as amended by chapter 386 of the Laws
of 1961, does hereby authorize the
Comptroller of the Town of Mamaroneck
to accept from any taxpayer two
partial payments in equal installments
for or on account of school taxes and
apply such payments on account therefor
and that he shall accept payment of
said school taxes in full at the
discretion of the taxpayer, or as stated
in two partial payments with the first
installment being due and payable in
the month of September, and the second
being due and payable in the month of
January following, provided that no
installment may be paid unless the first
installment of current school taxes,
including interest and penalty, shall have
been paid or is paid at the same time.
If the second partial payment is received
during the month of January, no interest
or penalty shall be charged against the
seconded partial payment;
and be it further
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August 14; 1991
RESOLVED, that as provided in said statue,
unless the first partial payment is received
during the month of September and the second
partial payment is received during the month
of January, the penalty provided for payment
of school taxes as set forth in section 543
shall be applicable as follows:
First Installment
September No Penalty
October 2%
November 5%
December & January 7%
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February & March 10,
April & thereafter up
to date of sale 12%
Second Installment
January No Penalty
Febrary & March 10%
April to date of sale 12%
and be it further
RESOLVED, that the first installment shall
be due and payable and become a lien on
the taxable property of the school district
on September 1st, 1991 and the second
installment on January 1st 1992;
and be it further
RESOLVED, that the Town Clerk, the
Comptroller and the Assessor shall
prepare a suitable form of tax receipt
to be presented at the expense of the Town;
and be it further
RESOLVED, that pursuant to Section 551
of ter 386 of the Laws of 1961
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statement concerning the tax information
be printed, and the Comptroller shall
mail with each receipt for taxes a
printed copy of such statement;
and be it further
RESOLVED, that this resolution shall take
effect immediately.
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6. Second Quarter Financial Report
The Administrator stated that this report is the result of a new
format generated through the now financial management system and
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that the program budget performance is categorized by budget
fund, with expenditures and revenues for each account
classification within each budget fund. He went on to give a
brief overview of revenues and expenses, comparing the bu dget
performance of the first quarter to that of the second, and
explaining in greater detail questions posed by the Board.
The Supervisor extended the to the Administrator, stroller,
Deputy Comptroller and Councilman McGarr for the clear and
concise report.
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August 14, 1991
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7. Authorization - Amendment to Capital Projects
The Administrator explained that under local finance law, total
expenditures for completed projects which have fallen below the
original project budget may have surplus monies brought back into
the debt service fund and applied to reduce debt service
j expenditures in 1992. He noted that there are a number of these
projects amounting to approximately $230,000 to be brought back
into the debt service fund. He also noted that there are certain
projects needing to be amended for which surplus funds could be
used.
On motion by Councilwoman Price, seconded by Councilman Ryan, it
was unanimously
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RESOLVED, that this Board hereby
authorizes the Comptroller to close
out all completed capital projects
and to transfer the available surplus
funds in the amount of approximately
$230,000 to the .debt service fund to
be applied toward reduction of capital
projects 88-01 through 90-8.
8. Discussion - Larchmont Railroad Tunnel
The Supervisor commented that she had some discussion with Mayor
Curnin of Larchmont Village with regard to the Larchmont railroad
tunnel, noting that Larchmont Village is responsible for its
upkeep since they receive the revenues for the parking plaza
above. She mentioned that it has always been a problem since it
is sometimes wet and there has been such a great deal of
grafitti. She added that just recently it was very well cleaned,
refurbished and repainted. She went on to say that she and the
Mayor had concluded that the grafitti is probably done late at
night and the tunnel can be a scary place to walk through.
Supervisor Silverstone said that presently the police close the
tunnel at 10:00 p.m. and that she and the Mayor agreed that it
may be wiser to close the tunnel at 9:00 p.m. instead. A brief
discussion took place among the Board, after which on motion by
Councilwoman Price, seconded by Councilwoman O'Flinn, it was
unanimously
RESOLVED, that this Board hereby
approves that the daily closing time
of the Larcbmont Railroad Tunnel be
changed from 10:00 p.m. to 9:00 p.m.
At this time the order of the agenda was changed and an item not on
the agenda, amendment of the Tree Preservation Law, was taken up.
Discussion took place concerning modifying the Tree Preservation Law
to ensure that a member of the Conservation Advisory Commission would
always be available should the chairperson be unavailable when the
Tree Preservation Commission meets. On motion by Councilwoman
O'Flinn, seconded by Councilwoman Price, it was unanimously
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August 14, 1991
RESOLVED, that this Hoard hereby sets
September 11, 1991 as the date for a
Public Hearing on a proposed amendment
to Local Law No. 10-1985, Tree
Preservation;
and be it further
RESOLVED, that the Town Clerk be, and
she hereby is authorized to publish
in an official newspaper of the Town,
the Notice of said Hearing as required
by law.
At this time the order of the Agenda was resumed and item No. 9 under
AFFAIRS OF THE TOWN was taken up.
9. Salary Authorizations - Highway
- Recreation
- Conservation
On motion by Councilwoman O'Flinn, seconded by Councilman Ryan,
it was unanimously
RESOLVED, that this Board hereby
approves the promotion of Alan
Casterella to Motor Equipment
Operator at an annual salary of
$29,675, effective August 12, 1991.
On motion by Councilwoman Price, seconded by Councilwoman
O'Flinn, it was unanimously
RESOLVED, that as provided for in
the 1990 Town Budget, authorization
is hereby granted for payment of
salaries to the following:
------- ------- --
CENTRAL PLAYGROUND -- - --- - - -
Terry Thompson Counselor $195.00/week
MONROE PRE SCHOOL
Catherine Roehr Counselor $101.00/week
Kyra Diraimondo, Alternate Lifeguard, Hommocks Pool, $5.00/hour, effective 7/30/91
Tanya Howard, Alternate Lifeguard, Hommocks Pool, $5.00/hour, effective 7/30/91
Ken Kirchoff, Alternate Lifeguard, Hommocks Pool, $5.50/hour, effective 7/30/91
..Susan Vanderslice, Office Worker, $7.50/hour, effective 8/6/91
Elena Petruzzelli , Life Guard, Hommocks Pool , $5.00/hour, effective 8/1/91
Dwayne 'Doherty, Life Guard,` Hommocks Pool , $5..00/hour, effective 8/1 /91 .
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August 14, 1991
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On motion by Councilwoman Price, seconded by Councilwoman
O'Flinn, it was unanimously
RESOLVED, that this Board hereby
authorizes salary of $4.50/hour to
Donato Colantonio as a stamper employee
on the conservation trails effective
from 8/15/91 to 9/5/91.
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APPROVAL OF NOES
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The minutes of the regular meeting of June 26, 1991 were heldover for
changes. The minutes of a special meeting of July 1, 1991 and those
of the regular meeting of July 10, 1991 were approved.
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j WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
IIThere were no written or oral communication to come before the Board.
REPORTS OF THE COUNCIL
Councilwoman O'Flinn commented that she had made several trips through
the Locust Ridge Properties with different members of the CAC and they
will be putting together a statement of their comments with regard to
the properties at their next meeting, sometime in mid September.
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Councilwoman Price mentioned that she has been in touch with the Long
Island Sound Task Force and Federated Conservationists, to meet with
County officials in an effort to rationally approach the problem of
initrogen removal from sewer treatment plants. A discussion ensued.
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I Councilwoman O'Flinn reported that the Towns stormier canes programs
were completed last week and she has heard nothing but good reports
about them, noting that a number of changes were made in the programs
based on recommendations of parents and Commission members.
Councilwoman O'Flinn stated that many residents are interested in
j knowing the situation on lawn sprinkling, noting that the usual
odd/even restrictions are in effect at present. Councilman Ryan
reminded her that only hand-held sprinklers may be used at present,
and the Supervisor noted that these restrictions are in all of
Westchester.
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August 14, 1991
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The Administrator informed the Board that the new telephone system
will take effect next weekend and newly assigned numbers will be given
to the Board, the Staff and the newspaper for listing, and should the
old number be dialed, the new number will be given out for 90 days as
a service. He noted that the Police and Fire numbers have not been
changed.
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THE SUPERVISOR
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The Supervisor advised the Town Clerk that the dates for the next Town
Board Meetings will be on September 11th and September 25th.
ADJOUMgMMT
There being no further business to come before the Board, on motion by
Councilwoman O'Flinn, seconded by Councilman Ryan, the meeting was
unanimously adjourned at 10:15 p.m.
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Patricia A. DiCioccio
Town Clerk
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