HomeMy WebLinkAbout1992_04_01 Town Board Regular Minutes I
April 1, 1992
MINUTES OF A WORK SESSION OF THE
TOWN BOARD OF THE TOWN OF M MRONECK
HELD ON THE 1ST DAY APRIL 1992 AT
9:30 PM IN THE COMMENCE ROOM A OF
THE TOWN CENTER, 740 W. BOSTON POST ROAD,
MM]ARCINECK, NEW YORK
CONVENE WORK SESSION
The work session to discuss the truck ban on Murray Avenue was called
to order by Supervisor Silverstone at 9:30 pen.
Present were the following members of the Board:
Supervisor Caroline Silverstone
Councilwoman Elaine Price
Councilman John McGarr
Councilwoman Kathleen Tracy O'Flinn
Councilman Paul A. Ryan
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
Murray Avenue Truck Ban
The Town Administrator told the Board that he had a tractor
trailer came down Murray Avenue and make a left onto Forest and
then a right onto Weaver Street, it was a forty foot trailer and
most are 45 feet, the driver told him that the turn could not be
manuevered without going over the curb. Mr. Altieri said that the
driver was prepared for the turn and had moved far over to the
right. He went on stating that the both he and the Police Chief
concurred that it would not be safe to have the ban commence at
Forest Avenue, and that their recommendation would be to begin the
ban at Weaver.
There then ensued a lengthy discussion on alternative turns, after
which the Supervisor instructed Mr. Silverberg to prepare a law
putting the sign at Weaver and Murray Avenue.
Councilwoman O,Flinn questioned the Administrator on which streets
would be sent notices of the meeting. Mr. Altieri replied that
they would be sent to residents on Weaver and Murray.
ADJOURN
On motion of Councilman McGarr, seconded by Councilman Ryan the
Work Session was declared adjourned at 10:30 pan.
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Patricia A. DiCioccio
Town Clerk
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MINUTES OF A REGULAR MEETING OF THE
TOWN BOARD AND BOARD OF FIRE COMMISSIONERS
OF THE TOWN OF NNECK HELD ON THE
1ST DAY APRIL 1992 IN THE COURT ROOM OF
THE TOWN CENTER, 740 W. BOSTON POST ROAD,
NNECK, NEW YORK
CONVENE REGULAR MEETING
The regular meeting of the Town Board was called to order by
Supervisor Silverstone at 7:00 pm, at which time the Board
recessed into an Executive Session in Conference Room A to discuss
certioraris and personnel matters.
The Executive Session held in Conference Room A was on motion duly
made and seconded unanimously declared adjourned at 8:15 pm.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 8:20 pan.
Present were the following members of the Board:
Supervisor Caroline Silverstone
Councilwoman Elaine Price
Councilman John McGarr
Councilwoman Kathleen Tracy O'Flinn
Councilman Paul A. Ryan
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
Louis Santoro, Fire Chief
Paulette Gabbriellini, Assistant to the Administrator
CALL TO ATTENTION
Supervisor Silverstone pointed out to those assembled the
locations of exits as required by law for public gatherings.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Silverstone at
8:30 pan in the Court Room.
Present were the following members of the Commission:
Commissioner Caroline Silverstone
Commissioner Elaine Price
Commissioner John McGarr
Commissioner Kathleen Tracy O'Flinn
Commissioner Paul A. Ryan
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April 1, 1992
1. Fire Claims
Commissioner Price presented fire claims for authorization of
payment and upon her motion, seconded by Commissioner McGarr, it
was unanimously
RESOLVED, that this Commission hereby
authorizes payment of the following Fire
Department claims as approved by the Fire
Chief and audited by the Camptroller's
office:
AAA Emergency Supply Co., Inc., $ 620.50
ESCO 31.50
Lawrence Heat & Power Corp. 1,057.94
Lawrence Heat & Power Corp. 161.49
P.F.P. Graphics 606.00
Printwear-Plus 468.00
Roberts 688.00
The State Ins. Fund 7,085.76
10,719.19
2. Purchase of New Air Bottles
Chief Santoro explained to the Board that 12 air bottles that were
purchased in 1977 must be replaced. He stated that the air bottles
were available under state contract, the total cost of which is
$5,700.00. He explained that under state law the life span
requirement of each air bottle is 15 years, and that he was setting
up a program to purchase new stronger bottles which will maintain the
supply on hand while complying with that law.
On motion by Councilwoman Price, seconded by Councilman Ryan, it was
unanimously unanimously
RESOLVED, that the Town Board does hereby
authorize the purchase of twelve (12) air
bottles to be purchased under state
contract and bid for a total cost of
$5,700.00.
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3. Other Business - Purchase of Fire Apparatus
Supervisor Silverstone stated that it was necessary for the Board to
set a date for a special referendum for the purchase of a fire
pumper.
The Town Administrator explained that the Commission must adopt a
resolution authorizing the purchase of the pumper, which would then
be placed on the ballot for public approval. If approved, the Town
would borrow $182,000. for the purchase. Mr. Altieri stated that the
special election would be held on May 20, 1992 from 6:00 pm to 9:00
pm.
After discussion, on motion of Councilwoman Price, seconded by
Councilman Ryan,
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April 1, 1992
BOND RESOLUTION DATED APRIL_I,--1-992 .
A RESOLUTION AUTHORIZING THE PURCHASE OF A 1250 GPM FIRE
PUMPER INCLUDING ORIGINAL APPARATUS TO BE USED IN
CONNECTION THEREWITH FOR FIRE DISTRICT NO. 1 OF THE TOWN
OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM
ESTIMATED COST OF $182, 000, AND AUTHORIZING THE ISSUANCE
OF $182,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE
COST THEREOF.
BE IT RESOLVED, by the Board of Fire Commissioners of Fire
District No. 1 of the Town of Mamaroneck, Westchester County,
New York, as follows :
Section 1 . The purchase of a 1250 GPM fire pumper
including original apparatus to be used in connection therewith
for Fire District No. 1 of the Town of Mamaroneck, Westchester
County, New York, is hereby authorized at a maximum estimated
cost of $182,000 .
Section 2. The plan for the financing of such maximum
estimated cost shall be by the issuance of $182, 000 serial
bonds of said Fire District, hereby authorized to be issued
therefor pursuant to the Local Finance Law.
Section 3 . It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is twenty years pursuant to subdivision 27 of paragraph a of
Section 11 . 00 of the Local Finance Law.
Section 4 . The faith and credit of said Fire District No.
1 of the Town of Mamaroneck, Westchester County, New York, are
hereby irrevocably pledged for the payment of the principal of
and'i interest on such bonds 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
,bonds becoming due and payable in such year . There shall
annually be levied on all the taxable real property in said
Fire District, a tax without limitation as to rate or amount
Isufficient to pay the principal of and interest on such bonds
as the same become due and payable.
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April 1, 1992
Section 5 . Subject� to
the provisions of
Law, the power to Of the Local Finance
the issuance of and to sell bond
anticipation notes in anticipation of the issuance
the serial bonds herein authorized, including and sale of
notes, is hereby luding renewals of
y to such
d-
elegated the Fire District Treasurer,
chief -fiscal officer. the
Such notes shall be of such ter
_ and contents, and shall- be sold in such
s, form
Prescribed b ch manner, as may be
y said Fire District Treasurer, consistent with th
provisions of the Local Finance Law. e
Section 6. Such bonds shall be in full
S 11 be si Y registered form and
fined in the name of Fire District No. 1 of th
Of Mamaroneck, Westchester Count a Town
Y, New York, by the manual or
facsimile signature of the Fire District
facsimile of its corporate seal shall b Treasurer and a
e imprinted thereon and
-attested by the manual or
facsimile signature of the Fire
District Clerk.
Section 7. The powers and duties of advertising
for sale, g the conducting such bonds
sale and awarding g the bonds, are
y delegated to the Fire District Treasurer, 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 Fire District; 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
o'f municipal bonds . The receipt of the Fire District Treasurer
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.
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April 1, 1992
Section 8 . All other matters, except as provided herein
relating to such bonds, including 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 Fire District by the
facsimile signature of its Fire District Treasurer, providing
for the manual countersignature of a fiscal agent or of a
designated official of the Fire District) , the date,
d(?nominations, maturities and interest .payment dates, place or
places of payment, and also including the consolidation with
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other issues, shall be determined by the Fire District
Treasurer. It is hereby determined that it is to the financial
advantage of the Fire District 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
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Section 70 . 00 of the Local Finance Law, no such charges shall
b;e so collected by the fiscal agent . Such bonds shall contain
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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 . The validity of such bonds and bond
anticipation notes may be contested only if :
1) Such obligations are authorized for an object or
purpose ose for which said Fire District i not authorized
to expend money, or
2) The provisions of law which should be complied with at
the date of publica ' Qn f this resolution are not
substantially complied- with,
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April 1, 1992
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such
lication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10 . Upon this resolution taking effect, the same
shall be published in full in The Daily Times
which is hereby designated as the official newspaper of said
Fire District for such purpose, together with a notice of the
j ire District Secretary in substantially the form provided in
Section 81 . 00 of the Local Finance Law.
Section 11 . This resolution is adopted subject to approval
at a special election of said Fire District to be held on the
20th day of May, 1992 .
The question of the adoption of the foregoing resolution
was duly put tcf''a vote on roll call , which resulted as follows :
Commissioner Ryan VOTING AYE
Commissioner O'Flinn VOTING AYE I
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Commissioner McGarr VOTING AYE
Commissioner Price VOTING AYE
Commissioner Silverstone VOTING AYE
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The resolution was thereupon declared duly adopted.
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April 1, 1992
The following resolution was offered by
Commissioner Price who a--d its adoption, seconded by
Commissioner Ryan to-wit:
BE IT RESOLVED, by the Board of Fire Commissioners of Fire
District No. 1 of the Town of Mamaroneck, Westchester County,
New York, as follows :
Section 1 . A special election of the qualified voters of
Fire District No. 1 of the Town of Mamaroneck, Westchester
County, New York, is hereby authorized to be held on the 20th
day of May, 1992, at Weaver Street Firehouse , in
Mamaroneck, New York, in said Fire District, between the hours
of 6:00 o ' clock P .M. and 9:00 o ' clock P.M. , Prevailing
Time, for the purpose of voting by ballot on the adoption or
rejection of the bond resolution heretofore adopted at this
meeting.
Section 2. The notice of such special election shall be in
ubstantially the following form, to-wit:
NOTICE OF SPECIAL ELECTION
Fire District No. 1 of the Town of Mamaroneck,
Westchester County, New York
NOTICE IS HEREBY GIVEN that, pursuant to Section 38 . 00 of
Ithe Local Finance Law and Section 179 of the Town Law, a
special election of the qualified voters of the Fire District
'No. 1 of the Town of Mamaroneck, Westchester County, New York,
will be held at the Weaver Street Firehouse in Mamaroneck, New
York, in said Fire District, on the 20th day of May, 1992,
between the hours of 6:00 o ' clock P M. and 9:00 o'.clock
P.M. , Prevailing Time, for the purpose of voting by ballot on
the adoption or rejection of the following resolution:
BOND RESOLUTION DATED APRIL 1, 1992 .
A RESOLUTION AUTHORIZING THE PURCHASE OF A 1250 GPM FIRE
PUMPER INCLUDING ORIGINAL APPARATUS TO BE USED IN
CONNECTION THEREWITH FOR FIRE DISTRICT NO. 1 OF THE TOWN
OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM
ESTIMATED COST OF $182, 000 , AND AUTHORIZING THE ISSUANCE
OF $182,000 SERIAL BONDS OF�9_A-D FIRE DISTRICT TO PAY THE
COST THEREOF.
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April 1, 1992
BE IT RESOLVED, by the Board of Fire Commissioners of Fire
District No. 1 of the Town of Mamaroneck, Westchester County,
New York, as follows :
Section 1 . The purchase of a 1250 GPM fire pumper
including original apparatus to be used in connection therewith
for Fire District No. 1 of the Town of Mamaroneck, Westchester
County, New York, is hereby authorized at a maximum estimated
cost of $182, 000 .
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Section 2 . The plan for the financing of such maximum
estimated cost shall be by the issuance of $182, 000 serial
bonds of said Fire District, hereby authorized to be issued
therefor pursuant to the Local Finance Law,
Section 3 . It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is twenty years, pursuant to subdivision 27 of paragraph a of
Section 11 . 00 of the Local Finance Law,
Section 4 . The faith and credit of said Fire District No.
11 of the Town of Mamaroneck, Westchester County, New York, are
' hereby irrevocably pledged for the payment of the principal of
and interest on such bonds as the same respectively become due
and payable. An annual appropriation shall be made in each
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,year sufficient to pay the principal of and interest on such
bonds becoming due and payable in such year . There shall
annually be levied on all the taxable real property in said
Fire District, a tax without limitation as to rate or amount
sufficient to pay the principal of and interest on such bonds
as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
ianticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Fire District Treasurer, the
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April 1, 1992
chief fiscal officer . Such notes shall be of such terms, form
and contents, and shall be sold in such manner, as may be
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prescribed by said Fire District Treasurer, consistent with the
provisions of the Local Finance Law.
Section 6 . Such bonds shall be in fully registered form and
shall be signed in the name of Fire District No. 1 of the Town
of Mamaroneck, Westchester County, New York, by the manual or
facsimile signature of the Fire District Treasurer and a
facsimile of its corporate seal shall be imprinted thereon and
attested by the manual or facsimile signature of the Fire
District 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 Fire District Treasurer, 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 Fire District; 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 Fire District Treasurer
shall be a full acquittance to the purchaser of such bonds, who
shall not be obliged to see to the application of the purchase
m ey.
Section 8. All other matters, except as provided herein
relating to such bonds, including 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 Fire District by the
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April 1, 1992
acsimile signature of its Fire District Treasurer, providing
for the manual countersignature of a fiscal agent or of a
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designated official of the Fire District) , the date,
denominations, maturities and interest payment dates, place or
1_ .places of payment, and also including the consolidation with
other issues, shall be determined by the Fire District
' Treasurer . It is -hereby determined that -it is to the financial
advantage of -the- Fire District 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
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, _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 . 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 Fire District 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
jcommenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10 . Upon this resolution taking effect, the same
shall be published in full in The Daily Times
( which is hereby designated as he official newspaper of said
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April 1, 1992
Fire District for such purpose, together with a notice of the
; Fire District Secretary in substantially the form provided in
Section 81 . 00 of the Local Finance Law.
Section 11 . This resolution is adopted subject to approval
at a special election of said Fire District to be held on the
20th day of May, 1992 .
Section 11 . This resolution is adopted subject to approval
at a special election of said Fire District to be held on the
; 20th day of May, 1992 .
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The polls will be kept open for the receipt of ballots
( during the 'aforesaid hours and the proposition will be in
substantially the following form, to-wit :
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PROPOSITION
Shall the resolution entitled: "BOND RESOLUTION
DATED APRIL 1, 1992 . A RESOLUTION AUTHORIZING THE
PURCHASE OF A 1250 GPM FIRE PUMPER INCLUDING ORIGINAL
APPARATUS TO BE USED IN CONNECTION THEREWITH FOR
MAMARONECK FIRE DISTRICT NO. 1 OF THE TOWN OF MAMARONECK,
WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST
OF $182,000, AND AUTHORIZING THE ISSUANCE OF $182, 000
SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST
THEREOF. " , duly adopted by the Board of Fire
Commissioners of said Fire District on the 1st day of
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April, 1992, be approved?
!Dated: Mamaroneck, New York,
May 2, 1992 .
BY ORDER OF THE BOARD OF FIRE COMMISSIONERS
OF: FIRE DISTRICT NO. 1 OF THE
TOWN OF MAMARONECK, WESTCHESTER COUNTY,
NEW YORK
By Patricia A. DiCioccio
Fire District Secretary
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April 1, 1992
Section 3 . The Fire District Secretary is hereby
,authorized and directed to give notice of such special election
by publication of the notice described in Section 2 hereof once
in The Daily Times a newspaper published
'in Mamaroneck , New York, and having a general circulation in
said Fire District, the first publication to be not less than
,thirteen. (13) nor more than twenty (20) days prior to the date
of such election.
Section 4 . Only those persons registered with the County
Board of Elections (hereinafter the "Board of Elections" ) on or
before April 27, 1992 shall be entitled to vote upon the
,aforesaid proposition. No additional personal registration
shall be permitted. The Board of Elections is hereby requested
to deliver to the Fire District Secretary a list of persons
registered to vote on or before the 27th day of April, 1992 to
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said Fire District or to place the registration poll records
, for such Fire District in properly, locked ledgers in the
temporary custody of the Fire District Secretary for the
purpose of permitting the copying of such records . The
Inspectors of Election shall meet at the time and place to be
set forth in a further resolution of the Board of Fire
Commissioners of said Fire District to prepare the register for
the election called hereby. Such register shall be prepared
' pursuant to the requirements of Section 175-a of the Town Law
by -adopting, using or copying from the registration list
certified and supplied by the Board of Elections the names
appearing thereon of all persons residing in said Fire District
land qualified to vote in such election. The register shall
!include at least the space for the name of the voter , his or
jher address within said Fire District and a space for his or
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Sher signature to be signed by the voter on election day. The
Fire District Secretary shall furnish the Inspectors of
Election, at the expense of said Fire District, with all
Inecessary registration books, papers, equipment and supplies .
Section 5. This resolution shall take effect immediately.
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April 1, 1992
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call, which resulted as follows :
Commissioner Ryan VOTING AYE
Commissioner O'Flinn VOTING AYE
Commissioner McGarr VOTING AYE
Commissioner Price VOTING AYE
Commissioner Silverstone VOTING AYE
The resolution was thereupon declared duly adopted.
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The following resolution was offered by
Commissioner Price who moved its adoption, seconded by
Commissioner Ryan to-wit :
RESOLUTION DATED APRIL �1 , 1992 -
RESOLUTION SETTING THE TIME AND PLACE OF A MEETING OF THE
INSPECTORS OF ELECTION OF FIRE DISTRICT NO. 1 OF THE TOWN
OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, FOR THE
PURPOSE OF PREPARATION OF THE FIRE DISTRICT ELECTION
REGISTER.
WHEREAS, the Board of Fire Commissioners of Fire District
No. 1 of the Town of Mamaroneck, Westchester County, New York,
resolved on April 1, 1992 to call a special election of said
Fire District, such special election to be held at
the Weaver Street Firehouse in Mamaroneck, New York, in said
!Fire District, on the 20th day of May, 1992, between the..hours
of 6:00 o ' clock P.M. and 9:00 o ' clock P.M. , Prevailing Time; and
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April 1, 1992
WHEREAS, pursuant to Section 175-a of the Town Law, only
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persons registered with the Westchester County Board of
Elections on or before April 27, 1992 shall be entitled to vote
in such special election; and
WHEREAS, such Section 175-a requires that a resolution
setting the time and place of the meeting of the election
inspectors appointed by said Board of Fire Commissioners of
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said Fire District for the aforesaid special election be
adopted at least thirty days prior to such special election;
NOW, THEREFORE,
BE IT RESOLVED, by the Board of Fire Commissioners of Fire
District No. l of the Town of Mamaroneck, Westchester County,
New York as follows;
Section 1 . The inspectors of election approved by
,resolution duly adopted by said Board of Fire Commissioners
on April 8 shall meet at the Weaver Street Firehouse
lin Mamaroneck, New York, in said Fire District, on the 27th day
of April 1992 at 7:30 o ' clock P M. to commence
preparation of the register of those persons eligible to vote
lin such special election. In accordance with said Section
175-a of the Town Law, only those persons registered with the
Board of Elections of Westchester County on or before April 27,
1992 will be entitled to vote at such special election.
Section 2. This resolution shall take effect immediately.
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April 1, 1992
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call , which resulted as follows :
Commissioner Ryan VOTING AYE
Commissioner Price VOTING AYE
Commissioner Silverstone VOTING AYE
VOTING
VOTING
The resolution was thereupon declared duly adopted.
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April 1, 1992
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STATE OF NEW YORK )
)ss .
COUNTY OF WESTCHESTER )
I, the undersigned Secretary of Fire District No. 1 of the
Town of Mamaroneck, Westchester County, New York, DO HEREBY
CERTIFY:
That I have compared the annexed extract of the minutes of
the meeting of the Board of Fire Commissioners of said Fire
District, including the resolutions contained therein, held on
April 1, 1992, with the original thereof on file in my office,
and that the same is .-a true and correct transcript therefrom
and of the whole of said original so far as the same relates to
the subject matters therein referred- to .
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I FURTHER CERTIFY that all members of said Board had due
notice of said meeting.
I FURTHER CERTIFY that, pursuant to Section 103 of the
Public Officers Law (Open Meetings Law) , said meeting was open
to the general public .
I FURTHER CERTIFY that, PRIOR to the time of said meeting,
I duly caused a public notice of the time and place of said
meeting to be given to the following newspapers and/or other
news media as follows :
Newspaper and/or other news media Date given
The Daily Times April 6, 1992
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April 1, 1992
I FURTHER CERTIFY that PRIOR to the time of said meeting, I
duly caused public notice of the time and place of said meeting
to be conspicuously posted in the following designated public
location(s) on the following dates :
Designated Location(s)
of posted notice Date of Posting
Town Clerk's Bulletin Board April 6, 1992
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
} the seal of said Fire District, on April 8, , 1992 .
F re District Secretary
(SEAL)
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Supervisor Silverstone informed everyone that the special referendum
would be held in the Weaver Street Firehouse.
There being no further business to come before this Commission, on
motion of Commissioner McGarr, seconded by Commissioner Ryan, the
meeting was unanimously adjourned at 8:40 pan.
AFFAIRS OF THE TOWN
1. Appointments
There were no appointments to be made at this time.
2. Set Date for Public Hearings - Vine Road & Glen Eagles Drive
- Parking Restriction-Maple Street
- No Parking/Stopping Ordinance
Badger Day Camp
The Supervisor asked that these items be held over as the laws had
not been prepared.
3. Authorization - Use of Voting Machines-Mamaroneck School District
The Town Clerk explained that she had received the annual request
from the School District Clerk for the use of voting machines for the
May 20, 1992 school budget vote. Ms. DiCioccio explained that they
j are aeking for 15 machines and that all costa for trwwportation
would be paid by the school.
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April 1, 1992
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Councilwoman OfFlinn suggested that since the school vote was the
same date as the special fire district referendum, we combine the
two. The Clerk answered that the fire referendum was for
unincorporated residents only and the school election was town wide.
Councilwoman OrFlinn asked if the Clerk would please try to publicize
the special election and that something might be done in conjunction
with the school election, maybe putting up posters, to inform people
of this election.
After discussion, on motion of Councilwoman O-rFlinn, seconded by
Councilman Paul Ryan, it was unanimously
RESOLVED, that the Town Board does
hereby approve the use of 15 voting
machines by the Mamaroneck School
District for its school board and budget
election on May 20, 1992.
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4. Certiorari Matters
Town Administrator Altieri stated that the Board had met with George
Derderian, our consultant on matters of certiorari, regarding the
following certiorari: Larchmont Owners Corp., Colony Tenants Corp.,
Springdale Ice Company, Inc., and Paul & Marcia Hendler. Mr. Altieri
went on to explain that Mr. Derderian had recommended that these
proposed settlements be authorized by the Town Board with the
exception of Colony Tenants Corp., and that the two properties in the
Village of Mamaroneck be approved subject to the approval of the
j village as well as the Town Board.
Larchmont Owners Corp. - Palmer Avenue & Richbell Road
Block 408 - Lot 1
On motion of Councilman McGarr, seconded by Councilwoman Price, it
was
RESOLVED, that the Town Board does
hereby approve the assessment reduction
for Larchmont Owners Corp., Palmer Avenue
and Richbell Road, Mamaroneck - Block
408, Lot 1 as follows:
Present Reduced
Year Assessment Assessment Difference
1987 $420,000 Confirmed -0-
1988 $420,000 $315,000 $105,000
1989 $420,000 $315,000 $105,000
1990 $420,000 $315,000 $105,000
1991 $420,000 $294,000 $126,000
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Ayes: Ryan, O'Flinn, McGarr,
Price, Silverstone
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April 1, 1992
Colony Tenants Corp. - 1815 Palmer Avenue, Village of Larchmont
Block 603 - Lot 224
On motion of Councilwoman Price, seconded by Councilman McGarr, it
was
RESOLVED, that the Town Board does
hereby approve the assessment reduction
subject to the approval of the Village of
Larchmont for Colony Tenants Corp., 1815
Palmer Avenue, Larchmont - Block 603, Lot
224 as follows:
Present Reduced
Year Assessment Assessment Difference
1989 $235,100 $176,500 $ 58,600
1990 $235,100 $164,500 $ 70,600
1991 $235,100 $164,500 $ 70,600
Ayes: Ryan, O"Flinn, McGarr,
Price, Silverstone
Springdale Ice Company, Inc. - 302 Center Avenue, Village of Mamaroneck
Block 824 - Lot 198
On motion of Councilwoman O�Flinn, seconded by Councilman Ryan, it was
RESOLVED, that the Town Board does
hereby approve the assessment reduction
subject to the approval of the Village of
Mamaroneck for Springdale Ice Company,
Inc., 302 Center Avenue - Block 824, Lot
198 as follows:
Present Reduced
Year Assessment Assessment Difference
1988 $ 50,000 $ 40,000 $ 10,000
1989 $ 50,000 $ 37,500 $ 12,500
1990 $ 50,000 $ 35,000 $ 15,000
1991 $ 50,000 $ 32,500 $ 17,500
Ayes: Ryan, O'Flinn, McGarr,
Price, Silverstone
Paul & Marcia Hendler - 315 Center Avenue, Village of Mamaroneck
Block 831 - Lot 40
On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it
was
RESOLVED, that the Town Board does
hereby approve the assessment reduction
subject to the approval of the Village of
Mamaroneck for Paul & Marcia Hendler, 315
Center Avenue - Block 831, Lot 40 as
.follows:
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April 1, 1992
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Present Reduced
Year Assessment Assessment Difference
1988 $ 60,700 $ 45,500 $ 15,200
1989 $ 60,700 $ 42,500 $ 18,200
1990 $ 60,700 $ 39,450 $ 21,250
1991 $ 60,700 $ 36,400 $ 24,300
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Ayes: Ryan, O'Flinn, McGarr,
Price, Silverstone
5. Authorization - Tax Lien Sale
Administrator Altieri explained that authorization was needed for the
annual sale of tax liens.
On motion of Councilwoman O'Flinn, seconded by Councilman Ryan, it
was unanimously
RESOLVED, that the Town Board does
hereby authorize the sale of tax liens on
May 21, 1992.
Councilman McGarr requested Mr. Silverberg, Town Counsel, to update
the Board on his progress on tax liens. Mr. Silverberg replied that
since he reported the collection of approximately $300,000 several
weeks ago, another $150,000 had been collected. He explained that he
had also made arrangements with a few others for payment schedules.
In addition, he stated that title searches had been ordered on a
number of properties where the property owners have either failed to
contact us or where they came in to make arrangements and then have
failed to comply with them.
Mr. Silverberg continued explaining that he had sent out three
notices to redeem, which is commencement of the foreclosure process,
giving 30 days notice to redeem the lien or foreclosure proceedings
will commence, and as the title reports are completed, more will be
sent out, probably another eight to ten.
He explained that top priority had been given to liens that were
larger and older, and that the next liens pursued would be the those
owing lower amounts. Mr. Silverberg said that those people were
i recently sent another letter and that they were being given every
opportunity as is reasonable to pay or to contact us to make
arrangements to pay before the Town actually forecloses.
Councilman McGarr questioned Mr. Silverberg about the new liens.
Counsel replied that as the unpaid Is become liens, letters will
be sent and followed up.
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6. Update on Water Surcharge
Supervisor Silverstone reported that there would levied a surcharge
on the heaviest users of water, which is a passalong from the city of
New York to the Westchester Joint Writer Works for the excess ureter
consumed on an average basis over the year. She explained that since
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April 1, 1992
1991 had been a dry year and 'a lot of water was used, we were subject
to a 5% surcharge from the city. The Supervisor said that the
surcharge would only be applied to those who actually used an excess
of water.
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7. Special Request - Restoration of Minute Book
The Town Clerk informed the Board that while microfilming, it was
discovered that the Board minute book from 1697 was deteriorating so
badly that microfilming was impossible. She stated that she had
contacted Browns River Bindery, who were highly recommended, and
asked that they evaluate and furnish the Town with and estimate for
restoration. She presented the estimate for $919 and requested
i approval of the unbudgeted funds. The Clerk explained that this book
is the oldest continuous record book in the State of New York.
j Councilman McGarr asked if part of the grant money for microfilming
could be used for this restoration. The Clerk replied that it could
not as the State was very specific as to the use of the money and
they did not endorse or support through grants any restoration work.
Judy Spikes told the Board that the book was transcribed by Mary
English in the 601s, and reiterated that it was an historic document,
having the status of oldest record book in the State.
After discussion, upon motion of Councilman McGarr, seconded by
Councilman Ryan, it was unanimously
RESOLVED, that the Town Board does hereby
authorize the restoration of the Town
Board Minute Book from 1697 to 1881, the
cost of which, as per estimate, is not to
exceed $919.00.
Councilwoman OIFlinn requested that the Clerk continue to look into
the possibility of procuring grant mooney for other books that
require restoration work.
8. Salary Authorization - Recreation
- Highway Department
- Police Department
iOn motion of Councilwoman OIFlinn, seconded by Councilwoman Price, it
was unanimously
RESOLVED, that as provided for in the
1992 budget, authorization by this Town
Board does hereby authorize the payment
of salaries to the following:
Effective 3/27/92 - Memorial Park
Lester Wauchope, Senior Tennis Attendant, $9.50 hour.
Effective 4/1/92 - Memorial Park
David Paterno, Tennis Attendant, $7.50 hour.
Kathy Varian, Tennis Attendant, $7.75 hour.
Nicholas Brindel, Alternate Tennis Attendant, $8.00 hour.
Jams CWningham, Alternate Tennis Attendant, $7.75 hour.
Frank Alfano, Alternate Tennis Attendant, $8.00 hour.
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April 1, 1992
On motion of Councilman Ryan, seconded by Councilman McGarr, it was
unanimously
RESOLVED, that this Board hereby
authorizes payment of salary in the
amount of $27,519 to Kevin Leddy as a
tree trimmer in the Highway Deparment,
effective March 30, 1992.
On motion of Councilman McGarr, seconded by Councilman Ryan, it was
unanimously
RESOLVED, that this Board hereby
authorizes payment of salary in the
amount of $30,330. to John Rosabella, Jr.
as Police Officer in the Police
Department, effective April 9, 1992.
Item not on agenda is added at the request of the Supervisor
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9. Set Date of Public Hearing-Proposed Law - Screening of Dumpsters
The Supervisor explained that Town Counsel had distributed a proposed
law on screening for dumpsters. She then read the law, and asked the
Board to schedule this hearing.
Councilwoman Price stated that the Board of Architectural Review
would be the Board to review the screening and ultimately the BAR
would make the determinations on the types of screening.
Following discussion, the Supervisor proposed this be put on the
agenda for April 22, 1992.
10. Discussion - cable TV
Councilman Ryan informed the Board that because the tri-municipal
contract with UA Columbia will be up in 1994, the Board of Control
had appointed a negotiating committee to review a draft contract, and
were in the process of interviewing attorneys to represent our
interests in the negotiations. He explained that the attorneys on
both sides want to be assured that the people that they are dealing
with have the authority to execute agreements and for that reason the
three municipalities are being asked to pass resolutions giving the
Board of Control the authority to do this.
Supervisor Silverstone asked if the Town had checked with the
attorneys from the other communities. Councilman Ryan answered that
they had been contacted and were all in agreement.
On motion of Councilman Ryan, seconded by Councilman McGarr, the
following resolution was unanimously adopted.
WHEREAS, the Town of Mamaroneck, the
Village of Mamaroneck and the Village of
Larchmont (the Ihmunicipalities") entered
into a franchise agreement with
UA-Columbia Cablevsion of Westchester,
Inc. as of December 3, 1980 (the
"Franchise Agrement") i and
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April 1, 1992
WHEREAS, the Franchise Agreement was
amended as of December 19, 1986 and will
terminate by its terms on December 31,
1993; and
WH] REAS, by Agreement entitled CATV
Sharing Agreement dated as of November
8, 1982 the Municipalities created the
Tri-Municipal cable Television Board of
Control (the "Board of Control") to act
on behalf of the Municipalities in
connection with the terms of the
Franchise Agreement; and
WHEREAS, the governing boards of the
Municipalities are desirous of clarifying
and confirming certain authority of the
Board of Control;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town
of Mamaroneck does hereby approve the
following:
1. a) The Board of Control shall have
the power and authority to negotiate on
behalf of the Municipalities a new and/or
amended cable TV franchise agreement
either with the existing franchisee and/
or with another proposed franchisee(s) .
b) Any proposed franchise agreement
negotiated between the Board of Control
and any prospective franchisee (including
the existing franchisee) shall be subject
to final approval by the governing board
of each municipality, and such approval
may be withheld without cause.
c) The Board of Control shall keep
the governing bodies of the
municipalities regularly and fully
informed of the progress of any
negotiations it is conducting for a new
or modified franchise agreement.
d) The municipalities may at any time
during the course of negotiations
instruct the Board of Control to modify
its position on any point of negotiation
or to interpose a new point in
negotiations, and the Board of Control
shall comply with such instructions.
2. a) The Board of Control, in turn,
shall have the authority to appoint a
committee of persons (who may or may not
be members of the Board of Control) to
assist and/or advise the Board of Control
in negotiating a new or amended franchise
agreement.
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April 1, 1992
b) The committee shall function in
such fashion and perform such specific
tasks as the Board of Control shall
direct from time to time.
c) i. The number of members of the
co mtitttee shall be as determined by the
Board of Control.
ii. The terms of the committee
members shall be as determined by the
Board of Control.
iii. The Chairman of the committee
shall be designated by the Board of
Control.
3. The Board of Control shall have the
authority to hire an attorney(s) from
time to time to assist it in performing
its negotiating function or any of its
other functions and to represent it in
the event of litigation. Without
limiting the generality of the foregoing,
the Board of Control shall have the
authority to hire an attorney(s) and/or
other consultant(s) to assist it in
connection with its negotiation of a new
or amended franchise agreement.
4. The Supervisor is authorized to
execute this resolution forthwith, and
upon execution of a resolution containing
substantially the same provisions by each
municipality, the CATV Sharing Agreement
executed among the municipalities as of
November 5, 1982 shall be deemed amended
as provided in the resolutions. Except
as so amended, the CATV Sharing Agreement
shall remain -in full force and effect.
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APPROVAL OF NBTlIFi'ES - October 9, 1991
The minutes of the Regular Meeting of October 9, 1992 were approved
as amended, with the abstention of Councilman Ryan, who did not
j attend the meeting.
TOWN CLERK
Reports
The Town Clerk reported that she had received on March 30, 3.992 the
federal census figures from the 1990 census. She stated that the
total population was 27,706 people, and as required by law, it was
being filed for the record.
Supervisor Silverstone asked if they were the revised counts. To
which the Clerk replied that they were the corrected counts as of
July 1S, 1991.
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April 1, 1992
THE SUPERVISOR
Reports
The Supervisor informed the Board that the newsletter was in the mail
as of today, and that the Recreation Program mailing would be out in
about three days as well. She announced that it was clean up month,
until April 17th, which enables residents to put debris out at the
curb Monday, Tuesday, or Thursday mornings and it would be picked up
automatically.
REPORTS OF THE COUNCIL
Councilwoman O'Flinn announced that Beautification Day was two
weekends away, and that anyone wishing to help could contact her or
the Life Center.
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ADJOURN
On motion of Councilwoman Price, seconded by Councilman Ryan the
meeting was adjourned at 9:20 pm into a Work Session in Conference
Room A to discuss the traffic ban on Murray Avenue.
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Bad icia A. DiCioccio
Town Clerk
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