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HomeMy WebLinkAbout1991_08_14 Town Board Regular Minutes I i 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 l 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 I declared adjourned at 8:10 p.m. I i I 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 I 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. I Thereafter, on motion by Councilwoman Price, seconded by councilman Ryan, the following resolution was unanimously adopted: i 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. 2 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 3 I August 14, 1991 I 2. Authorization - Agreement Architectural Feasibility Study �I 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. I j 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. 4 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 i 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: 5 August 14, 1991 i i 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 I 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. i 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 6 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% 0 i 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 �p r a 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. I 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 I 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. 7 i August 14, 1991 ! i I 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 I 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 8 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 . 9 August 14, 1991 I 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. i APPROVAL OF NOES I 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. I 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. i 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. i 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. 10 I August 14, 1991 I I 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. I I I THE SUPERVISOR I 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. I I Patricia A. DiCioccio Town Clerk I i !I 11