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HomeMy WebLinkAbout1986_12_03 Town Board Regular Minutes 038 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 3rd DAY OF DECEMBER, 1986 IN THE CONFERENCE ROOM AND THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:00 P.M. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Councilman Stephen C. Chapin On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board recess into Executive Session in the Conference Room to discuss litigation matters. Thereafter, on motion by Councilman Lerman, seconded by Councilman Chapin, it was unanimously resolved to adjourn the Executive Session at 8:40 P.M. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled, the location of exits as required by law for public gatherings. Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Carol A. Acocella, Deputy Town Clerk Carmine DeLuca, Comptroller George M. Derderian, Assessor P. Thomas Leddy, Superintendent of Highways Fire Chief Gordon Albert Deputy Fire Chief William McDermott 039 December 3, 1986 At this time, the order of the agenda was changed and the adjourned Public Hearing on the Cable TV Agreement was discussed. ADJOURNED PUBLIC HEARING - CABLE TV FRANCHISE AGREEMENT AMENDMENT On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared opened. Supervisor Battalia requested that Joseph Fraioli, Village Manager of Mamaroneck, make the presentation. Mr. Fraioli stated that the Cable TV Franchise Agreement with TCI was approved on Monday night by both the Village of Larchmont and the Village of Mamaroneck and it was his opinion that an awkward situation would be presented if the Town did not also accept the agreement. There being no one who wished to address the issue, Councilman Lerman requested that Mr. Fraioli summarize his findings and Mr. Fraioli complied with his request by stating that notice of the transfer of ownership was received in September and, in November, a franchise agreement enhancing the system was received. Mr. Fraioli added that, like other communities, the Village of Mamaroneck acted independently in their negotiations with UA Columbia and when a joint meeting was suggested, there was one held in Tuckahoe. He added that most communities had the same concerns and written confirmation was finally obtained. Mr. Fraioli stated that he personally felt there was an opportunity for this community to have the best service that was available. Administrator Altieri introduced Mr. Jeff Materese who stated that he was requested to attend the meeting and he inquired whether or not the Board had had an opportunity to review the severity of charges made against TCI. He added that there have been numerous complaints regarding the TCI Franchise Agreement but with adequate safeguards in the agreement and with capable people reviewing it, it should be under control. Ms. Ann Dalton, of the New York State Cable Commission, was introduced and explained that certain things occurred with TCI that should not have and that Cable TV is a regulated industry in New York State. She added that some companies have been fined up to $25,000 and that the State does have the authority to pull the cable lines. - 2 - 040. December 3, 1986 After further discussion, and on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereafter, on motion by Councilman Amlicke, seconded by Councilman Lerman, the following resolution was unanimously adopted: RESOLUTION APPROVING TRANSFER OF OWNERSHIP AND CONTROL OF UACC TO TCI AND AN AMENDMENT TO CABLE TELEVISION FRANCHISE BETWEEN TOWN OF MAMARONECK AND UA-COLUMBIA CABLEVISION OF WESTCHESTER, INC. WHEREAS, UACC has requested the Town of Mamaroneck approve an amendment to its cable television franchise, wherein a III new 77 channel system would be built beginning in January 1991, and the term of its current franchise would be changed to expire on December 31, 1993; and WHEREAS, UACC has agreed to secure its performance with an irrevocable letter of credit or equivalent guarantee; and WHEREAS, UACC, its parent, United Artists Cable Systems, Inc., and the ultimate party in interest, Tele- Communications, Inc. (TCI), agree to continue the current management of UACC and UACI; and WHEREAS, TCI, through its indirect sub- sidiary TCI UA, Inc., desires to buy a controlling interest in UACI and its subsidiary UACC; and WHEREAS, UACC on behalf of UACI and TCI has requested the Town of Mamaroneck to approve this transfer of ownership and III control; and WHEREAS, UACC has agreed that it will not, at any time, institute any action to seek refunds or claim offset for any monies paid to the Town of Mamaroneck during the term of its franchise as extended by this amendment; and - 3 - 04� December 3, 1986 WHEREAS, UACC has offered the Town of Mamaroneck a proposed amendment detailing the new system, the extended term, and the performance guarantee. NOW, THEREFORE, IN CONSIDERATION OF THE ABWE, BE IT RESOLVED that: 1. the said franchise amendment be attached hereto, made a part hereof, and be, and it hereby is, approved as written; and 2. that a Twenty Million ($20,000,000) Dollar irrevocable letter of credit, or equivalent guarantee, securing the interest of the Town of Mamaroneck and the other municipalities in the Westchester system as their pro rata interests may appear, be provided the Town of Mamaroneck within thirty (30) days of the approval of this resolution; and 3. that an affirmation by TCI and its subsidiaries TCI Holdings, Inc., TCI UA, and each of them, be forwarded within thirty (30) days of the approval of this resolution to the Town Attorney of the III Town of Mamaroneck, asserting the validity of the attached franchise amendment, adopting its terms, and the terms of this resolution, including the Whereas clauses, as their own, and agreeing to be bound by those terms; and BE IT FURTHER RESOLVED, that the transfer of ownership and control of UACI is consented to and approved subject to all of the terms and conditions of this resolution including the Whereas clauses. PUBLIC HEARING - PRELIMINARY BUDGET At this time, on motion by Councilwoman Silverstone, III seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared opened. The Town Clerk presented the Affidavit of Publication and the Posting of Notice of Hearing for the record. - 4 - 042 December 3, 1986 Administrator Altieri presented the Preliminary Budget for 1987 which he stated, by law, must be adopted by December 20th. He added that the Budget Supplement summarized the essential facts regarding the tax structure, the sources of revenue, expenditures and a brief description of services provided by the Town. Mr. Altieri explained that the Budget was the result of the Town Board and staff determining the most cost-effective means of delivering a high level of service. He continued that the Budget becomes a matter of concern to the public during its preparation, but that to the Town Board and staff, it was a concern all year long. Mr. Altieri added that Town government faced the same financial effects the economy caused as well as other outside forces that have an impact on organizations and private corporations. The New York State Department of Audit and Control dictates the format of the Budget, Mr. Altieri indicated, and since it was not always easy to comprehend, the Town decided to present a Budget Supplement this year which makes the Budget more understandable by the use of graphs and charts. Sandi Constible, from the Children's Corner, addressed the Board and stated that she had requested $15,000 but was only allocated $5,000 and she thought that the Board was misinformed regarding the Corner's eligibility for Federal III funds. Supervisor Battalia responded that the Board spent many hours on the Budget and decisions were based on several factors. She added that there was a similar problem last year when the Corner had received a County grant which it lost. Mrs. Battalia stated that she thought the Town had been most generous to the Children's Corner and that one of the problems was the fact that the Corner expanded their facilities before the Board was approached for funding. She added that the Town had to meet the needs of many constituents and that they, too, have lost revenues. Mrs. Reiman and the Treasurer of the Children's Corner also expressed their feelings on the need for additional funds to which Councilwoman Silverstone explained that the amount of money that would have to be put into the Budget for that request was equivalent to that allocated for scholarships. Councilman Lerman stated that the utilization of a sliding fee scale might be more appropriate and he added that the Children's Corner was a class operation and suggested that IIIthey consider increasing their charges. Supervisor Battalia announced that a great deal of time has been spent on appropriating funds for the Children's Corner and that whatever decision the Board makes will have to be lived with and she explained that the Town was also helping the teens with a new program. - 5 - A 12 December 3, 1986 1� Dr. Mitroff questioned why the salaries of the Board members were increasing if revenues were coming down. He also mentioned the purchase of the School/Town Center and the renovations costing four million dollars while there were no funds available for the dredging of the Larchmont Duck Pond. Dr. Mitroff went on to question Administrator Altieri's salary and suggested that the Administrator's position be an elected one in the future. He also stated that the Police Commissioner's position should be eliminated. Supervisor Battalia stated that all documentation regarding the purchase of the Town Center and the renovations to it would be provided to Dr. Mitroff. Mr. Lee Bloom said that this was the first time in twenty years that he has spoken about the Budget from the audience and he stated that a recent newspaper article was incorrect regarding the Supervisor's salary since $5,000 came from the Housing Administration and added that Supervisors Vandernoot and Goldsmith were also at the $12,000 level and that they receive an additional $3,000 from the Housing Administration. He also stated that during his term as Councilman, his salary was reduced twice. Mr. Bloom then questioned the Board on numerous items in the Preliminary Budget. Mr. Ralph Fisher stated that he had five times as many questions as Mr. Bloom did regarding the Preliminary Budget. He concerned himself with the fact that the Budget was available to him only one day before the Public Hearing. He suggested postponing the hearing for a week in order for citizens to have more time to understand it and ask intelligent questions. After several more questions and comments by Mr. Bloom, Supervisor Battalia explained that there were many, many extra sessions involved in the preparation of the Budget and Councilman Lerman added that the Tentative Budget was out on October 15th. At this time, Supervisor Battalia extended her thanks to her secretary, Paulette Gabbriellini, and to Mr. David Schwarz, Chairman of the Management Advisory Committee, for their help in the compilation of the Budget Supplement. Mr. Fisher then questioned the $10,000 item in the Budget for computer services, to which Administrator Altieri explained that item was for a Violations Management System which was being used by the Town Court. Mr. Murphy asked if the computer expenditure was a Town- wide or part Town-wide expense and then inquired how much the Volunteer Ambulance Corps received in contributions to which Administrator Altieri explained that funds which are collected, were used to replace the old ambulances. It was then suggested by Mr. Murphy that the Old Court House be torn down and the property sold in order to put it back on the tax rolls. - 6 - 044 December 3, 1986 After expressing his pleasure with the American Flag being flown at the Town Center, Mr. Gasparini voiced his dissat- isfaction with the appearance of the Old Court House and read a statement prepared by the Larchmont/Mamaroneck Civic Association addressing the matter. In answer to Mr. Gasparini's question, Supervisor Battalia explained that the Town did have a lease on the,property and that the Town Board has been discussing the disposition of the matter in Executive Session but it would be an agenda item within the next two to three meetings. Mr. Paul Hoffman, of the Howell Park Association, raised a question regarding an item on Page 55 of the Preliminary Budget. Following the Board's explanation, Mr. Hoffman expressed his appreciation to the Board for the time they expended in the preparation of the Budget and thanked them for their diligence in a job well done. Mr. Peter Perciasepe noted that he was in agreement about the hours expended by the Board members and thought that the Administrator would be able to relieve some of the Board's duties to which Supervisor Battalia explained that Mr. Altieri was a full-time chief operating officer with an ever-increasing work load that always needed attending to. IIIMr. Fisher then queried why Supervisor Battalia had the position with HUD, to which she replied that it came with the position of Supervisor. After being asked by Mr. E. Robert Wassman if there were any guidelines regarding the over-all salary increases which were presented in the Preliminary Budget, Supervisor Battalia answered in the negative. Following Mr. Gasparini questions concerning the Hommocks Ice Rink, Supervisor Battalia apprised him that a decision would be made on the 17th of December. Thereafter, on motion by Councilman Amlicke, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. IIIThe question of the adoption of the Preliminary Budget for 1987 was duly put to a vote which resulted as follows: ROLL CALL Ayes: Councilman Stephen C. Chapin Councilman Lawrence A. Lerman Councilwoman Caroline Silverstone Councilman Thomas R. Amlicke Supervisor Dolores A. Battalia - 7 - 045 December 3, 1986 BOARD OF FIRE COMMISSIONERS On motion by Commissioner Amlicke, seconded by Commissioner Chapin, the meeting was called to order by Commissioner Battalia at 10:39 P.M. in the Court Room. Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence A,. Lerman Commissioner Stephen C. Chapin 1. FIRE CLAIMS Commissioner Silverstone presented the following fire claims for authorization of payment and, on her motion, seconded by Commissioner Chapin, 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 IIIComptroller's Office: Brewer's Hardware $ 32.67 Portronix 6.00 $ 38.67 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Lerman, seconded by Commissioner Silverstone, it was unanimously declared that this meeting be adjourned at 10:41 P.M. AFFAIRS OF THE TOWN IIIAt this time, the order of the agenda was not adhered to. 3. CERTIORARI SETTLEMENT - VILLAGE GARDENS PROPERTY TENANTS CORP. Following the explanation of the Town Assessor, George Derderian, and his recommendation to the Board, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, with Supervisor Battalia abstaining, it was - 8 - 046 December 3, 1986 RESOLVED, that in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - Village Gardens Tenants Corp. v. Town of Mamaroneck - for assessment years 1982 through 1985. 2. PRESENTATION - LARCHMONT/MAMARONECK CIVIC ASSOCIATION (Old Court House Property) Mr. Paul Hoffmann made a statement on behalf of the Howell Park Association stating that it was the desire of the Association to have the present zoning remain on the property. Mrs. Oberg questioned the time frame to which Supervisor Battalia stated that the matter would be placed back on the agenda in the next two to three meetings. 6. AUTHORIZATION - SALE OF PROPERTY BYRON PLACE & MYRTLE BLVD. Attorney Donald Mazin requested that Administrator Altieri be permitted to execute the Contract of Sale between the Town and Coughlin Realty Corp.; and Attorney Silverberg explained that this sale encompassed a piece of vacant Town property which has not been utilized but, if the sale were approved by the Town Board, the vacant land would be converted, at no expense to the Town, into thirty parking spaces to be used as decal parking by Town residents between the hours of 7:30 P.M. to 7:30 A.M. Following Mr. Silverberg's explanation, and on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Supervisor be, and she hereby is, authorized to execute said Constract of Sale with Coughlin Realty Corp. 4. SCHEDULE PUBLIC HEARING RE: EXTENSION OF SEWER DISTRICT Attorney Mazin requested that the Edersheim extension of the Mamaroneck Sewer District be scheduled for a Public Hearing and on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously - 9 - 047 December 3, 1986 RESOLVED, that this Board hereby sets Wednesday, January 7, 1987 at 8:15 P.M. as the date and time for a Public Hearing on the proposed Edersheim Extension of Mamaroneck Sewer District Number 1; and BE IT FURTHER RESOLVED, that the Town Clerk be, and • she hereby is, authorized to publish in The Daily Times, the Notice of said hearing as required by law. 1. APPOINTMENT - TOWN PROSECUTOR Supervisor Battalia stated that this matter would be held over until the next meeting as additional resumes for Town Prosecutor were still being received. 5. RECOMMENDATION OF WJWW - INCREASE IN FIRE HYDRANT RENTAL RATES Administrator Altieri presented the request for fire hydrant rental increases from John Hock, Manager of Westchester Joint Water Works, and he stated that rates were last increased in 1984. Councilman Chapin suggested postponing this matter until June 1, 1987 when the rates would increase for the Village of Mamaroneck to which Administrator Altieri explained that the Village would have to make up the delay in the increase in the latter six months. It was the consensus of the Board that this matter be deferred until December 17th to allow Administrator Altieri time to speak with John Hock of WJWW regarding the desire. of the Town to delay the implementation of rate increases until June 1st. 7. CONVERSION OF PARKING LOT #2 Administrator Altieri stated that the Board had referred to the Traffic Committee, a recommendation from the Town Clerk to convert twelve metered spaces in Parking Lot #2 to daytime/overnight permit spaces. He stated that the matter was reviewed by the Traffic Committee and it was their feeling that the conversion would benefit the Town and they recommended its implementation. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, the following resolution was unanimously adopted: - 10 - 048 December 3, 1986 RESOLUTION PARKING LOT #2 RESOLVED, that the Town Board of the Town of Mamaroneck does hereby change the designation of the first twenty (20) spaces in Parking Lot #2 from metered parking to daytime and overnight permit spaces; and BE IT FURTHER RESOLVED, that the fees for the daytime permits shall be $150 yearly; overnight parking permits shall be $100 yearly, senior citizens $60. 8. AUTHORIZATION - AMENDED RETAINER AGREEMENT - COUNSEL TO THE TOWN Administrator Altieri presented the modified retainer agreement from Attorney Silverberg and recommended it be accepted and, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town Administrator be and he hereby is authorized to execute the modified Retainer Agreement with the Law Firm of Hoffman, Silverberg, Wachtell & Koster. 9. AUTHORIZATION TO ADVERTISE FOR BIDS - a. Fuel Oil #2 b. Cleaning of Police Uniforms c. Police Uniforms d. Rental of Work Uniforms - Highway Dept. e. Street and Parking Lot Line Painting Administrator Altieri requested permission to advertise for bids for the above items and on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to prepare specifications and accept proposals for the following items: a. Fuel Oil #2 b. Cleaning of Police Uniforms c. Police Uniforms d. Rental of Work Uniforms - Highway Dept. e. Street and Parking Lot Line Painting - 11 - 049_ December 3, 1986 10. AUTHORIZATION —SUBSTITUTION AT WJWW MEETINGS Administrator Altieri stated that retroactive authority was needed for two meetings held by the Westchester Joint Water Works and, on motion by Councilman Lerman, seconded by Councilman Chapin, the following resolutions were unanimously adopted: THAT I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck and as a member of the Board of Trustees of the Westchester Joint Water Works, do hereby appoint Caroline Silverstone, Councilwoman of the Town of Mamaroneck, to act in my place and stead at a regular meeting of the Board of Trustees of Westchester Joint Water Works, to be held at 1625 Mamaroneck Avenue, Mamaroneck, New York on Tuesday, May 13, 1986, with full powers to vote in, pursuant to Section 6124 of the Unconsolidated Laws of the State of New York. THAT I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck and as a III member of the Board of Trustees of the Westchester Joint Water Works, do hereby appoint Caroline Silverstone, Councilwoman of the Town of Mamaroneck, to act in my place and stead at a regular meeting of the Board of Trustees of Westchester Joint Water Works, to be held at 1625 Mamaroneck Avenue, Mamaroneck, New York on Tuesday, August 12, 1986, with full powers to vote in, pursuant to Section 6124 of the Unconsolidated Laws of the State of New York. 11. SALARY AUTHORIZATION - RECREATION Administrator Altieri submitted a memo for salary authori- zation from William V. Zimmermann, the Superintendent of Recreation, and, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously III RESOLVED, that as provided for in the 1986 Town Budget, this Board hereby authorizes the hiring of the following individuals at the salaries so stated: - 12 - • 050 December 3, 1986 Dave Dougherty, Rec. Assistant, Youth Hockey., $9.00/hour, effective retroactive to 11/8/86. Mark Forzaglia, Rec. Assistant, Youth Hockey, $9.00/hour, effective retroactive to 11/8/86. Dave Savoca, Rec. Assistant, Youth Hockey, $9.00/hour, effective retroactive to 11/8/86. IIIPenny Doyle, Rec. Assistant, Figure Skating, $10/2 hour, effective retroactive to 11/14/86. Valerly Levine, Rec. Assistant, Figure Skating, $10/2 hour, effective retroactive to 11/14/86. Brian Savino, Rec. Assistant, Figure Skating, $10/2 hour, effective retroactive to 11/14/86. APPROVAL OF MINUTES Action on the Minutes of November 5, 1986 was tabled. WRITTEN COMMUNICATIONS There were no written communications to come before the Town Board at this time. ORAL COMMUNICATIONS III There were no oral communications to come before the Board IIIat this time. THE SUPERVISOR Reports Supervisor Battalia did not present a report at this time. REPORTS OF THE COUNCIL Councilman Amlicke reported: 1. that he and Councilman Lerman met on Thanksgiving Day to discuss the library contract and that he met with Village Board members on Friday who were in agreement - with the recommendations made to them. He said payments would be quarterly starting June 1st for a three-year term. Mr. Amlicke added that representa- tives from the Library Board would make a presentation to the Town Board as well as the Village Board before budget approval. He added that the two elected officials from the Library Board have voting power. 2. that the next meeting of the Traffic Committee was scheduled for December 16th. 3. that the Alarm Committee meeting was scheduled for Thursday, December 4th. - 13 - 051 December 3, 1986 Councilwoman Silverstone reported: 1 ill 1. that to date three checks have been received for the III Tree fund and also that she has received numerous inquiries on the project. She stated that she was very pleased with the response. ADJOURNMENT On motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously resolved that the meeting be adjourned at 11:15 P.M. Patricia A. DiCioccio Town Clerk III III /j - 14 -