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HomeMy WebLinkAbout1992_08_19 Town Board Regular Minutes August 19, 1992 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD AMID BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD ON THE 19TH DAY OF AUGUST 1992 IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, mmoMNECK, NEW YORK CONVENE REGULAR MEETING The meeting was called to order by Commissioner Silverstone at 8:30 pm in Court Roam of the Town Center. Supervisor Caroline Silverstone Councilwoman Elaine Price Councilman John McGarr Councilman Kathleen Tracy O,Flinn Councilman Paul A. Ryan Also present were: I Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Louis Santoro, Fire Chief i CALL TO ATTENTION i Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. I I BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Silverstone at 8:33 pm 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 1. Fire Claims Commissioner Ryan presented the fire claims for authorization of payment. On motion of Commissioner Ryan, seconded by Commissioner Price, 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 Comptrollers Office: All Power Equipment Co. $ 259.95 AT&T 34.32 Coyne Textile Services 128.56 Dri-Chem Extinguisher Co. 292.00 I August 19, 1992 Dri-Chem Extinguisher Co. 582.45 ESOO 31.50 Excelsior Garage & Machine Works, Inc. 109.13 Hills Signs 65.65 I & T Plumbing and Heating Co. 302.95 New England Uniform 96.00 New Rochelle Water Co. 162.42 Northville Industry Corp 309.08 NYNEX 9.08 Portronix 583.00 Pronto Printer 121.00 Town of Mamaroneck Fire Fighters Assoc. 94.32 Vail Chevrolet, Inc. 188.00 W. W. Granger 150.03 2. Other Business There being no further business to come before this commission, on motion by commission Price, seconded by Commissioner McGarr, the meeting was unanimously declared adjourned at 8:40 pm. Proclamation - 100th Birthday - Lorraine Purdy Bieringer Supervisor Silverstone changed the order of the agenda and presented a Proclamation for the 100th Birthday of Loraine Purdy Bieringer. (see end of minutes) The Proclamation was accepted by William Reynolds, who thanked the board on Ms. Bieringer,s behalf and entertained everyone with a few highlights from her life. AFFAIRS OF THE TOWN: 1. Appointment - Planning Board Following an explanation by Supervisor Silversone, Jerry Donatelli was reappointed to the Planning Board on motion of Councilwoman Price, seconded by Councilman McGarr, it was unanimously ! RESOLVED, that the Town Board does hereby reappoint Jerry Donatelli to the Planning Board for a tern of seven years. Said tern to expire July 1999. Supervisor Silverstone explained that because of a resignation from the Board of Ethics, an appointment needed to be made. She therefore added the following item to the agenda. Appointment - Board of Ethics On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it was unanimously 2 it I, August 19, 1992 RESOLVED, that the Town Board of the Town of Mamaroneck does hereby appoint Rosemary Egley to the Board of Ethics for the remainder of the year, said tern expiring December 31, 1992. I Supervisor Silverstone stated that there was another item that had not been placed on the agenda that would now be added, which were a number of certiorari items. �I Certiorari Settlements The Supervisor explained that the settlements that were before than were being recommended by George Derderian, Consultant on Certiorari matters and that all the approvals were subject to approval of the villages. I Mamaroneck Harbor Professional Center Condominium 933 Mamaroneck Ave, Village of Mamaroneck - Block 820 Lots 257.1-257.9 After discussion, it was explained that this is a nine unit office building located in the Village of Mamaroneck, and on recommendation from Mr. Derderian and upon motion of Councilwoman Price, seconded by Councilman Ryan, it was unanimously, I i RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for Mamaroneck Harbor Professional Center Condominium, 933 Mamaroneck Avenue, block 820 lots 257.1 - 257.9 as follows: Year Assessment Proposed Difference 1989 $139,800 $96,991 $42,809 1990 $139,800 $92,195 $47,615 1991 $139,800 $92, 185 $47,615 Ayes: Ryan, O'Flinn, McGarr, Price, Silverstone Nays: None The New York Telephone Company 5 Franklin Avenue, Larchmont - Block 607 Lot 130 Equipment Account, 952170, 952160, 962140, 952110 On motion of Councilwoman O'Flinn, seconded by Councilman McGarr, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for The New York Telephone Company, 5 Franklin Avenue, block 607 lot 130 - Equipment Account 952170, 952160, 962140, 952110 as follows: 3 i t August 19, 1992 T_ ax Mats Assessment 1993 AV 1994 AV 1995 AV 607/130 $183,800 $110,000 $ 80,000 $ 68,000 Account Total Numbers Assessments 952170 $118,000 $ 45,000 $ 28,000 $ 14,000 952160 $128,300 $ 18,000 $ 10,000 $ 7,000 952140 $142,300 $ 12,000 $ 9,000 $ 5,000 952110 $142,300 $ 5,000 $ 3,000 $ 1,000 Ayes: Ryan, O/Flinn, McGarr, Price, Silverstone Nays: None Mamaroneck Station Atrium Associates 148 Halstead Avenue, Village of Mamaroneck - Block 901, Lot 79 On recommendation from Mr. Derderian and upon motion of Councilwoman Price, seconded by Councilman Ryan, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for jMamaroneck Station Atrium Associates, 148 Halstead Avenue, block 901 lot 79 as follows: Year Assessment Proposed Difference 1986 $ 73,600 $ 73,600 -0- 1987 $ 85,000 $ 76,500 $ 8,500 1989 $ 85,000 $ 59,500 $ 25,500 1991 $ 91,500 $ 64,000 $ 27,500 Ayes: Ryan, O'Flinn, McGarr, Price, Silverstone Nays: None Realist Holding Corp. 213 Mamaroneck Avenue, Village of Mamaroneck - Block 906 Lot 87 I On motion of Councilman McGarr, seconded by Councilman Ryan, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for Realist Holding Corp., 213 Mamaroneck Avenue, block 906 lot 87 as follows: Year Assessment Proposed Difference 1989 $ 57,400 $ 40,000 $ 17,400 1990 $ 57,400 $ 35,000 $ 22,400 1991 $ 57,400 $ 35,000 $ 22,400 Ayes: Ryan, O'Flinn, McGarr, Price, Silverstone Nays: None 4 August 19, 1992 1202 WBP Associates 1202-20 Boston Post Road - Village of Mamaroneck Block 918 Lot 110, Block 408 Lot 154 On motion of Councilwoman Price, seconded by Councilman McGarr, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for 3.202 WBP Associates, 1202-20 Boston Post Road, block 919, Lot 110 and block 408 lot 154 as follows: Year Assessment Proposed Difference 1987 $103,600 $103,600 -0- 1988 $103,600 $ 94,800 $ 8,800 1990 $103,600 $ 77,600 $ 26,000 1991 $103,600 $ 72,600 $ 31,000 Ayes: Ryan, O'Flinn, McGarr, Price, Silverstone Nays: None I 615 W. 173rd Street Realty Inc. 417 Center Avenue, Village of Mamaroneck Block 830 Lot 71 On motion of Councilman McGarr, seconded by Councilman Ryan, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for 615 W. j 173rd Street Realty Inc, 417 Center Avenue, block 830 lot 71 as follows: Year Assessment Proposed Difference 1990 $ 37,700 $ 33,500 $ 4,200 1991 $ 37,700 $ 33,500 $ 4,200 Ayes: Ryan, O'Flinn, McGarr, Price, Silverstone Nays: None Hoyt Avenue Associates 115 Hoyt Avenue - Block 823 Lot 74 On motion of Councilman McGarr, seconded by Councilman Ryan, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for Hoyt Avenue Associates, 115 Hoyt Avenue, block 823 lot 74 as follows: Year Assessment Proposed Difference 1991 $114,400 $ 85,000 $ 29,400 Ayes: Ryan, O'Flinn, McGarr, Price, Silverstone Nays: None 5.-- I - i August 19, 1992 2001 Palmer Avenue, Larchmont Block 602 Lot 370 On motion of Councilwoman Price, seconded by Councilwoman O.-Flinn, RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the proposed settlement for 2001 Palmer Avenue, block 602 lot 379 as follows: Year Assessment Proposed Difference 1991 $137,300 $115,000 $ 22,300 Ayes: Ryan, O'Flinn, McGarr, Price, Silverstone Nays: None Supervisor Silverstone noted that the changes in the assessment values for these properties are all due to the drastic lowering of the equalization rate in our coamnunity. i i 2. Discussion - Noise Ordinance Councilwoman Price stated that a discussion was necessary regarding limiting the noise in commercial areas. The Town should also consider adopting a law much like Larchmont's which limits the use of garden equipment during the weekend hours. She explained that there have been a lot of complaints around the Winged Foot Golf area about noise from i power gardening equipment. A decibel reading was taken and some of the equipment, particularly the older equipment, did exceed the lawful levels. Gordon Oppenheimer spoke on the issue as well. He complained that the noise level in his neighborhood (Weaver Street) was unbearable at times because of commercial trucks and their air compressors. He asked that the town try to do something. Mr. Oppenheimer said there should be limitations of commercial property intruding on residential properties. Supervisor Silverstone recognized that the noise ordinance does need to be worked on and that then there will be a public hearing held concerning the issue. Councilwoman Price was asked to work on the law with the Town Attorney to make the necessary changes. Supervisor Silverstone then addressed the Bar Closing Request, which was out of order from the agenda 10. Bar Closing The Supervisor informed the Board that she had received a communication from Port Chester requesting support for the closing time of bars, they asked that we pass a resolution changing the closing from 4:00 am to 2:00 am. George Latimer, County Legislator offered that he had taken part in Rye City,s discussion on this matter, and felt that if both New Rochelle and Port Chester adopt this law, surrounding communities may have to adopt it to protect their own interests. He also informed the Board that they cannot just mitigate against alcohol serving facilities, that 6 i August 19, 1992 legislation must be for everything to close down at 2:00 am across the Board. He advised the Board to poll neighboring communities on their stance. After a further discussion, it was decided to bring the issue up at the Westchester Municipal Officials Association for discussion. j 3. Authorization - Larchmont Library Contract This item was held over to another meeting. The Supervisor then introduced George Latimer County Legislator, who asked to report on a few issues he was dealing with at the County. The County Legislator reported on the following: Repair of Sewers - asked the Town Council to look over the proposed law concerning the repair of sewers so that they are prepared to speak at the public hearings. Bus Routes - Route 66 bus extension changes were given to the town. It will now terminate at the New Rochelle station. j Murray Avenue Repaving - Murray Avenue is scheduled for repaving in 1994. He said that county roads are paved on a 25 year cycle and 1994 is the end of its 25 year cycle. Board of Elections - He informed the Town Clerk that he had received her ccmm:nication regarding problems with the Board of Elections and that he would be looking into the matter. Pools - State has gotten out of the business of legislating lifeguards in certain pool situations and that the county may be picking up the slack. He gave the Board the law and told them how he could be reached if they needed to speak with him or if any constituent had a problem. 4. Update - Recycling Mr. Altieri explained that we are just finishing up this week with the preparation of the educational material which will be distributed in the unincorporated area of the Town and in the Village of Larchmont. He said that our personnel would be delivering the material when they deliver the recycling bags. He went on explaining that the bags will be blue translucent, and since we will be providing 52 pick-ups a year, 60 bags would be provided. The Administrator noted that personnel are currently being trained on the recycling procedures. And that the County will allow us to use the transfer trailer to transport our materials to Yonkers, which is a big advantage since our yard is so tight. He said that the commencement of the program is slated for September 16th. He also explained that multi-family dwellings will be using dumpsters instead of bags, and that any questions can be directed to the Conservation office or the Administrators office. Mr. Altieri informed the Board that July 1st was the beginning date of the prohibited disposal of any appliance containing Freon without extracting the freon from the appliance as per new state law. He pointed out that these appliances will not be picked up any longer. In a press release the town has offered some alternatives, and if residents would like a copy, they could call the highway department. i August 19, 1992 Sandy Tashoff questioned the recent legislation passed by the Village of Mamaroneck which cut collection of garbage to once a week, and whether that wouldn't have an impact on the Town. She felt there is warrant for concern. The Supervisor replied that there is no need to be concerned because this will not affect the collection of garbage in the Town. William O'Gorman asked the Board how long the Town will supply the bags for recycling. i Mr. Altieri replied that the Town will supply them for one year. Residents will be given a box of 60. 5. Update - Affordable Housing Project The Town Administrator explained that there will be a meeting Friday with the County of Westchester to discuss eligible components of the project for Housing. He said that he and two Board members had met with the construction manager and architect to review the design, focusing on the demolition of the building at the site in preparation for construction and would be working on bid specifications for that purpose. He stated that the Bank of New York had prepared the notice to underwriters who might be interested in underwriting the bonds for this project and that notice had run in the newspaper. 6. Authorization - Bond Resolution - Garbage District jThe Administrator noted that the board has already held a public hearing on this as required by law and this is the actual bond they were being asked to adopt tonight. On motion made by Councilman Ryan, seconded by Councilman McGarr: wBEREAS, pursuant to proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and an order dated August 19, 1992, the Town Board of the Town of Mamaroneck, Westchester County, New York, has determined it to be in the public interest to increase and improve the facilities of the Refuse and Garbage District No. 1, at a maximum estimated cost of $90,000; and WHEREAS, it is now desired to provide funding for this project; I 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 object or purpose of paying the cost of the increase and improvement of the facilities of Refuse and Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a 1992 refuse collection truck, at a maximum estimated cost of $90,000, there are hereby authorized to be issued $90,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. 8 i August 19, 1992 Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $90,000 and that the plan for the financing thereof shall consist of the issuance of the $90,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 29 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 not 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, involving renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terns, 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 S. 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. 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 thereon and 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 she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, 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 prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of 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 9 August 19, 1992 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 fram 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 official intent for purposes of Treasury Regulations Section 1.103 - 18(f) . Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-terns 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 on if: 1) Such obligations are authorized for an object or purpose for which said Town if 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, I 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. This resolution which takes effect immediately shall be published in full in The Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 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: Councilman Ryan Voting Ave Councilwoman O'Flinn Voting Ave Councilman McGarr Voting Ave Councilwoman Price Voting Ave Supervisor Silverstone Voting Aye 7. Authorization - Collection of School Taxes Mr. Altieri explained that this was a request to authorize the Supervisor to sign the school tax warrant allowing the Town to collect school taxes. On motion of Councilwoman Price authorization, seconded by Councilwoman O/Flinn, it was unanimously 10 i August 19, 1992 i i RESOLVED, that the Town Board of the Town of Mamaroneck does hereby authorize the Supervisor to sign the school Tax Warrant thereby allowing the Town to collect school taxes. GET SCHOOL TAX WARRANT AND PASTE IN I I I i I �I I i I i I 11 i August 19, 1992 i I I I i 12 I August 19, 1992 8. Presentation of Second Quarter Financial Report The Town Administrator presented the financial report noting that the total revenue for the general Town, second quarter, was $3,779,000, which represents a healthy.increase from last year. He said that the most significant increase was in the collection of property taxes, and that the Town Clerks office revenues were up for parking permits and other licensing. He also stated that recreation revenues were about the same, interest earnings were way down. Total revenue of the general town, second quarter total was $3,779,000. This represents an increase from the year before. The most significant increase was in the rate of the collection of property taxes. Town Clerk's office did perform well with respect to parking permits and other. Recreation revenues were about the same. There was significant reduction in the towns interest earnings. This year the town has only reached 15% of its goal compared to 28% last year. The sale of building and tennis permits have exceeded original estimates. The total expenditures are slightly less than 50% than projected. Will be reviewing overtime expenditures in the police department. 9. Filing - Report of Examination from State Comptroller The Town Clerk presented the Report of Examination from the State Comptroller's office for the 1990 audit and requested it be filed for the record, which was noted and accepted. 10. Compensation/Performance Evaluation.Study Mr. Altieri requested that the Board authorize a contract with Pace University, not to exceed $7000 for the preparation of a Compensation/ Performance Evaluation Study, and funds would have to transferred from the General Town unreserved balance to Account #1430.4186 On motion of Councilwoman Price, seconded by Councilman McGarr, it was unwdmously RESOLVED, that the Town Board of the Town of Mamaroneck does hereby approve the contract with Pace University for the preparation of a Compensation/Performance Evaluation Study for an amount not to exceed $7,000; and BE IT FURTHER, RESOLVED, that the Board authorizes a transfer of $7,000 from the General Town Unreserved Balance into Account #1430.4186. 11. Salary Authorizations - Building Department - Police Department - Recreation Department Pursuant to the memo from Town Administrator, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes an annual salary in the amount of $35,410 to Michelle T. Bonsteel of Mamaroneck for 13 i August 19, 1992 the position of Assistant Building Inspector in the Building Department, effective August 10, 1992; and BE IT FURT[M RESOLVED, that this Board hereby authorizes an annual salary in the amount of $30,330 to Nelson G. Flores as a Probationary Police Officer effective August 20, 1992 in the Police Department. Pursuant to the memo from William Zimmermann, Superintendent of Recreation, on motion by Councilwoman Price, seconded by Councilman Ryan, it was unanimously RESOLVED, that as provided for in the 1992 Town Budget, authorization is hereby granted for payment of salaries to the following: paste in I I There being no further business to come before the Board, on motion by Councilman Ryan, seconded by Councilwoman Price, the meeting was unanimously declared adjourned at 10:15 pm. Patricia A. DiCioccio Town Clerk 14