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HomeMy WebLinkAbout1984_02_15 Town Board Regular Minutes 1)38 MINUTES OF THE REGULAR MEETINGS OF THE BOARD OF FIRE COMMISSIONERS AND THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON THE 15TH DAY OF FEBRUARY, 1984, IN THE COUNCIL ROOM AND THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. CONVENE REGULAR MEETING The regular meeting of the Town Board was called to order by Supervisor Battalia at 7:50 P.M. in the auditorium. Present were the following, representing all members of the Board: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Town Administrator Stephen V. Altieri, Counsel to the Town Steven M. Silverberg, and Assessor George Derderian were also present. On motion by Councilman Bloom and seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board immediately recess into Executive Session in the Council Room to discuss pending certiorari litigation. The Board reviewed with the Town Assessor the pending certioraris in accordance with the memoranda previously submitted. The Town Counsel brought the Board up-to-date on the litigation involv- ing Lt. Ralph Perritano. On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, the Executive Session was unanimously adjourned. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled the location of exits in the auditorium as required by law for public gatherings. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:20 P.M. in the auditorium. Present were the following, representing all members of the Commission: Commissioner Dolores A. Battalia Commissioner Lee H. Bloom Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence A. Lerman Also present were: - 1 - 039 Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Counsel to the Town Carmine A. DeLuca, Comptroller George Derderian, Assessor Charles R. Elfreich, Town Engineer Douglas Fletcher, Fire Chief Gordon Albert, First Deputy Chief P. Thomas Leddy, Highway Superintendent William Paonessa, Building Inspector 1. Claims Commissioner Bloom presented fire claims for authorization of payment, and on his motion, which was seconded by Commissioner Silverstone,: 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 Comptroller's office: AAA Emergency Supply Co. , Inc. $ 1,139.25 Gordon Albert 2.75 Alert-All Company 31.50 Con Edison 53.19 Con Edison 3.00 Con Edison 2.00 Dri-Chem Extinguisher Co. 82.00 Dri-Chem Extinguisher Co. 66.00 Economy Uniforms 147.90 Home Fair 70.93 I & T Plumbing & Heating Co. , Inc. 125.00 Lawrence Heat & Power Corp. 758.38 Lee Myles Transmissions 425.00 Matco Tools 811.04 MG Auto Body Inc. 1,777.02 New Rochelle Water Co. 118.61 Portronix Communications 305.50 Portronix Communications 306.80 Spiro-Wallach Co. , Inc. 406.49 The State Insurance Fund 130.77 Tri-State Tire Inc. 71.98 Uniform Rental, Inc. 25.96 Willkie Farr & Gallagher 125.00 $6,986.07 Chief Fletcher advised the .Board that the Chief's car was hit by some- one who went through a stop sign and that he expected that person's in- surance to cover the cost of the damage. 2. Commendation Letter re Train Derailment Commissioner Battalia presented Tony Faillace's letter in which he com- mended the Fire Department on their fast and efficient action relative to the train derailment which occurred on Saturday, January 28th. She commended the Police as well as the Fire Department for their outstand- ing performance on that date. 3. Presentation of Badges Chief Fletcher presented the official Fire Commission badges to Commission- ers Battalia and Lerman. - 2 040 4. 1983 Report - Fire Apparatus Repairs Commissioner Amlicke thanked the Chief for preparing the report on the 1983 repairs to fire vehicles and asked that this be a yearly report. Chief Fletcher advised that the volunteer firemen had purchased a com- puter, and most of the type of information in that report will be put on the computer. 5. Clarification - Fire Claim re Certiorari Both the Comptroller and Commissioner Amlicke advised Mr. Gasparini, in relation to his previous query, that the certiorari charge in the fire claims presented on February 1st was relative to Larchmont Acres. ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Bloom, seconded by Commissioner Amlicke, it was unani- mously declared that this meeting be adjourned at 8:30 P.M. RECONVENE REGULAR MEETING At this time, on motion duly made and seconded, it was unanimously re- solved that the regular meeting be reconvened. APPROVAL OF MINUTES The minutes of the Special Meeting of June 23, 1982, were presented, and on motion by Councilman Bloom, seconded by Councilman Amlicke, were approved by a non-majority of those in attendance at that meeting since Councilwoman Silverstone abstained from the vote, citing that she could not remember back that far. The minutes of the Special Meeting of December 17, 1983, were presented and tabled until the next meeting to give Councilman Amlicke the oppor- tunity to review said minutes. The minutes of the Regular Meeting of December 19, 1983, were presented and tabled until the next meeting to give Councilman Amlicke the oppor- tunity to review said minutes. The minutes of the Special Meeting of January 17, 1984, were presented, and on motion by Councilwoman Silverstone, seconded by Councilman Ler- man, were unanimously approved as corrected by those Board members in attendance at that meeting. The minutes of the Special Meeting of January 26, 1984, were presented, and on motion by Councilman Lerman, seconded by Councilman Amlicke, were unanimously approved as submitted by those Board members in atten- dance at that meeting. The minutes of the Regular Meeting of February 1, 1984, were presented, and on motion by Councilman Amlicke, seconded by Councilwoman Silverstone, were unanimously approved as corrected by those Board members in at- tendance at that meeting. PUBLIC HEARING: Local Law No. 1-1984 - Fire Limits On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously - 3 041 RESOLVED, that the Public Hearing be and it hereby is declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. Supervisor Battalia asked William Paonessa, Building Inspector, to ex- plain the purpose of adopting this local law. He explained that the law provided for restrictions on certain types of construction and gave spe- cifics. Counsel to the Town Steven Silverberg recommended the adoption of the local law as .soon as possible in the light of anticipated new con- struction. Leonard Martin asked if the new State Code supersedes all others, and Mr. Silverberg answered yes and clarified by outlining the new procedures to be followed. He further explained that the new State Code was adopted in order to have a uniform law throughout the State and was also adopted as the result of the fire at Stouffer's and other prior serious situations. Councilman Bloom added that in the opinion of the Fire Council there are provisions in the Town Code that are better than the provisions in the new New York State Code, therefore, consideration should be given to obtaining permission to retain said provisions. Thereupon, since there was no further discussion on the matter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unani- mously RESOLVED, that the Public Hearing be and it hereby is declared closed. Thereafter, on motion by Councilman Bloom, seconded by Councilwoman Sil- verstone, the following resolution was adopted by unanimous vote of the Board: WHEREAS, this Town Board has met on this date, at the time and place specified in the Notice of Pub- lic Hearing, to consider the adoption of Local Law No. 1-1984 and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law No. 1-1984 entitled "Fire Limits", and orders that said Local Law as so adopted and herewith in- serted be made a part of the minutes of this meeting: Section 1. This local law shall be known and cited as Town of Mamaroneck Local Law No. 1 of 1984, "Fire Limits". Section 2. Legislative Intent It is the intention of the Town Board of the Town of Mamaroneck by this local law to institute Fire Limits within the Town providing for limitations on construc- tion materials to be used within certain districts as provided for in the New York State Uniform Fire Pre- vention and Building Code. Section 3. Designation of Fire Limits All construction within the Unincorporated Town of Mama- roneck in areas designated as Zoning Districts "B" - 4 - 042 (Business) and "L I" (Light Industrial) shall be in accordance with Fire Limits "A" as defined in the New York State Uniform Fire Prevention and Building Code, and no construction can take place in Zoning Districts "B" (Business" and "L I" (Light Industrial) unless and until a building permit has been issued by the Building Inspector of the Town of Mamaroneck and he has found that the proposed construction will be in full compliance with the Fire Limits "A", as pro- vided by the New York State Uniform Fire Prevention and Building Code. Section 4. Effective Date This local law shall take effect immediately AFFAIRS OF THE TOWN 1. Appointments a) Zoning Board of Appeals On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Rene Simon of 85 Taylor Place, Town, be and he hereby is reappointed as a member of the Town of Mamaroneck Zoning Board of Appeals, to serve • a five (5) year term of office, terminating on Febru- ary 19, 1989. b) Traffic Committee On motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that Leslie Schlom of 8 Fern Road, Town, is hereby appointed a member of the Town of Mama- roneck Traffic Committee to serve at the pleasure of the Board. c) Board of Examining Plumbers Pursuant to the Plumbing Code, Chapter 60, Article II, Section 5, Super- visor Battalia at this time appointed the following individuals to the Examining Board of Plumbers: Town Engineer, Charles Elfreich Town Councilman Thomas R. Amlicke Dr. William Conway of Chatsworth Gardens Apartments, Town, for a term of office of three years, commencing January 1, 1984, and expiring December 31, 1986 Francis D. Lanza of 1612 North James Street, Village of Mamaroneck, for a term of office of one (1) year, commencing January 1, 1984, and expiring December 31, 1984 Paul Rigano, Jr. , of 10 Blossom Terrace, Town, for a term of office of two (2) years, commencing January 1, 1984, and expiring December 31, 1985 d) Coastal Zone Management Committee - 5 - O43 On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that Gary E. Hirschberg of 3 Country Lane, Town, and Mrs. Shirley Tolley of 8 Dimitre Place, Town, be and they hereby are appointed members of the Town of Mamaroneck Coastal Zone Management Com- mittee to serve at the pleasure of the Town Board. e. Narcotics Guidance Council Board of Directors On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby approves the appointment of Mrs. Margo Freedman of -380 Orienta Avenue, Mamaroneck Village; Douglas Kreeger of 10 Larchmont Avenue, Larchmont Village; and John Segal of 19 Huguenot Drive, Town, as members of the Board of Directors of the Larchmont-Mamaroneck Narcotics Guidance Council; and be it further RESOLVED, that the above is subject to a similar resolution being adopted by the Villages of Larch- mont and Mamaroneck. 2. Proposed Certiorari Settlements a) Addison Realty Company vs. Town of Mamaroneck Pursuant to the discussion held in the Executive Session, on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that, in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceed- ing - Addison Realty Co. vs. Town of Mamaroneck - for assessment years 1981 through 1983. b) Wagner (Park Plaza) vs. Town of Mamaroneck On motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that in accordance with the terms recom- mended by the Assessor, this Board hereby authori- zes the settlement of certiorari proceeding - Wagner (Park Plaza) vs. Town of Mamaroneck - for assessment years 1981 through 1983. c) Wagner (Hillman Realty Company) vs. Town 'of Mamaroneck On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that in accordance with the terms recom- mended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - Wagner (Hill- mar Realty Co.) vs. Town of Mamaroneck - for assess- ment years 1981 through 1983. 3. Authorization - Con Edison Special Franchise The Administrator reviewed the special franchise litigation brought - 6 - 044 against the Town and other Westchester communities in 1981 by Con Edison and noted that the issue is for the years 1974 through 1982, with Con Edison claiming over four million dollars because of over valuation and wrong equalization rates. Some discussion followed, during which Mr. Derderian, Mr. Silverberg, Councilman Bloom, and Supervisor Battalia clarified various aspects of this litigation. When Councilman Amlicke expressed concern about the size of the claim and stated that perhaps additional special counsel should be engaged, both Councilman Bloom and Counsel Silverberg advised that Mr. Smith is highly regarded in his profession and they were comfortable with Mr. Smith's capability to continue singly with the case. Thereafter, on motion by Councilwoman Silverstone, seconded by Council- man Lerman, it was unanimously RESOLVED, that the firm of McCarthy, Fingar, Donovan, Drazen and Smith is hereby authorized to continue as Special Counsel to the Town of Mamaroneck for the Con Edison Certiorari,with the Town paying one-fifth of the fees in connection therewith, and with total charges for the services of Henry J. Smith, Esquire, of that firm, to be at a rate of $150.00 per hour. 4. Authorization - Labor Counsel Mr. Altieri reviewed his memorandum addressed to the Supervisor and Town Board in which he described the necessity for and specifics related to retaining Counsel for labor relations. Thereafter, following a brief discussion, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Board hereby retains the firm of Rains and Pogrebin as special counsel to the Town for labor relations; and it is further RESOLVED, that the Town Administrator is hereby authorized to enter into a retainer agreement with the firm of Rains and Pogrebin for a fee not to exceed $7,500.00 per year, and an hourly fee of $125.00 per hour for a Partner and $95.00 per hour for an Associate for labor relation mat- ters not covered by the retainer agreement. In answer to his question, Mr. Garparini was advised that the lawsuit regarding standby time pay has been settled, and the person who insti- tuted the litigation had lost the suit. 5. Report of Bids - Police Uniforms Councilman Lerman advised that the Police Department has requested that the second low bid be accepted due to the fact that the Department has in the past had bad experiences with the lowest bidder. Thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifi- cations for Police Uniforms, namely New England Uniform, Inc. , in the amount of $284.15. and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with New England Uniform, Inc. , for said Police Uniforms. - 7 - 045 6. Report of Bids - Fifth Avenue Sewer Councilman Lerman, who had been asked by the Supervisor to review the bids, presented the bids, and Mr. Elfreich reviewed the corporation's references. Thereafter, on Councilman Lerman's motion, which was seconded by Coun- cilman Amlicke, it was unanimously RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for the Fifth Avenue Sewer Project, namely Paterno Contracting Corp. in the amount of $319,250.00; and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Paterno Contracting Corp. for said Fifth Avenue Sewer Project. 7. Authorization - Comptroller's Request to Invest Funds Some discussion followed the presentation of the Comptroller's request with Mr. Fisher inquiring as to what money is to be invested, and Coun- cilman Amlicke requested assurances that the money would be completely insured. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes the Comptroller and the Deputy Comptroller to place funds in short-term investments, known as "re- purchase agreements", with the Barclay's Bank in Mamaroneck, said funds to be invested to be in the range of $1,000,000 to $2,000,000, subject to confirmation that the investment is insured. 8. Request re Change - Clean-Up Month Following presentation of the request and the discussion that followed, during which it was noted that Highway personnel could be busy during April with the joint project relative to the maintenance of the playing fields; that the refuse collected can be disposed of free at the County's Charles Point facility during March, and Councilman Amlicke expressed opposition to the idea for various reasons, on motion by Councilwoman Silverstone, seconded by Councilman Bloom, the following resolution was adopted by majority vote of the Board, with Councilman Amlicke voting in the negative: WHEREAS, the Town Superintendent of Highways has advised that April and May are two of that Depart- ment's busiest months, and that during March solid waste can be disposed of at Charles Point at no cost; and WHEREAS, the Town Superintendent of Highways has recommended that Clean-Up Month be shifted from the period April 15th through May 15th to the period March 1st through March 31st; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby approves the designation of the month of March 1984 as Clean- Up Month in the Town of Mamaroneck. Councilman Amlicke emphasized that it will be difficult to make this change work since most residents do not do their spring clean-up that - 8 - 046 early, and it is hard to get people to change' their habits. This pre- cipitated a discussion on various ways to publicize the change to make it work. 9. Salary Authorizations - Recreation On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously III RESOLVED, that Joseph Paterno, Substitute Recreation Attendant at the Hommocks Ice Rink, be compensated at the rate of $3.00 per hour effective February 18, 1984; and be it further RESOLVED, that James Codispoti, Pool Director at the Hommocks Pool, be reinstated to the payroll and be compensated at the rate of $6,500.00 per annum effective February 9, 1984. 10. Authorization - Municipal Computer Service Town Administrator Stephen Altieri outlined the computer billing service for the burglar and fire false alarms. He explained that the billing and other related functions have been the responsibility of the Town Clerk's office, but the number of users and number of false alarms to be billed have increased consistently. Dr. Mason questioned the confidentiality of such a system, to which Mrs. Miller answered that it is completely confidential since the verification numbers assigned are not to be pro- vided to the Computer Service. It was noted that the number of false alarms could be reduced if the residents were better educated in the use of their various systems, and to that, Supervisor Battalia replied that such an education system can be worked out by Sgt. Munch. III Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Board hereby authorizes the Town Administrator to enter into an agree- ment with Municipal Computer Service of Larch- mont, New York, to provide billing and other related services for burglar and fire false alarm charges. 11. Authorization - Use of Voting Machines - Larchmont and Mamaroneck Villages On motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby grants the re- quests of Larchmont Village for the use of eight (8) voting machines and Mamaroneck Village for the use of seventeen (17) voting machines to be used in the Annual Village Elections of March 20, 1984. 12. Authorization - Deputy Supervisor - W.J.W.W. Board of Trustees Meeting On motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Supervisor, as a member of the Board of Trustees of the Westchester Joint Water Works, be and she hereby is authorized to appoint Deputy Supervisor Caroline Silver- - 9 - 04.1 stone to act in her place and stead at the regular meeting of the Board of Trustees of the W.J.W.W. to be held at 1625 Mamaroneck Avenue in Mamaroneck Village on February 28, 1984, with full power to vote, pursuant to Section 6124 of the Unconsolidated Laws of the State of New York. WRITTEN COMMUNICATIONS There were no written communications to come before this Board. ORAL COMMUNICATIONS 1. Overnight Parking Problems Lauren Tait of 17 North Chatsworth Avenue addressed the Board relative to the limited overnight parking in the area of the apartments, causing problems for the apartment dwellers, and asked the Board for a solution to their problem, especially in light of the recent notice that the overnight parking regulations would soon be strictly enforced. Supervisor Battalia explained that the town-wide ban on overnight park- ing was adopted about fourteen (14) years ago and about the change in car usage since that time. She further noted this matter cannot be handled on an individual basis, adding also that other residents had re- cently urged that the ban be enforced. She stated that the Traffic Com- mittee, which she hopes will be expanded to five (5) members, will at- tempt to deal with that problem and added that a meeting of that Committee will be held on Monday, March 5th. Hubert Alton and Vivian von Bernuth, both of 17 North Chatsworth Avenue, addressed the Board on the parking matter, also. 2. Patricia Latona - Joint Planning Committee Mrs. Latona inquired of the status of the Joint Planning Committee, and Councilman Amlicke advised that the group is holding tri-monthly effec- tive meetings and reminded the Board that someone must be appointed to fill the vacancy caused by Norman Blair's death. 3. Leonard Martin re Update - Hommocks Field Leonard Martin re Update - Cook's Litigation Town Counsel Steven Silverberg answered Mr. Martin's query, noting that his firm had made a motion to dismiss Aqua Dredge's claim against the Town and was awaiting a decision on that matter. Councilman Bloom answered Mr. Martin's query and stated that there were two parts to Melron's litigation - one involving the extension to the present building and the other regarding the video machines - the lat- ter of which is presently being reviewed for appeal purposes. Mr. Martin indicated that he was interested in the hazardous situation created when making a left turn out of Cook's parking lot since cars park right up to the curb, obstructing vision for oncoming cars. Mr. Bloom advised that the Cook's owners have shown no interest in pursuing that matter until the litigation is resolved relative to the video machines. Councilwoman Silverstone asked that periodic reports be made relative to Cook's. - 10 - 048 THE TOWN CLERK Regular Reports The Town Clerk presented the report of the Town Clerk's Office for the month of January, 1984. 1. 1982 State Comptroller's Audit Mrs. Battalia spoke of her directive to the Administrator relative to all State audits and those completed by the private auditors to allow her the opportunity to see that all is being complied with. She noted further that she has asked Mr. Fischgrund, a member of her transition team, to work with Mr. Altieri on the audit documents. At this time Supervisor Battalia presented the response to each item noted in the 1982 New York State Audit: Office of Town Administrator The State Comptroller's Office feels a local law is required to estab- lish this position and cites Section 58 of the Town Law as basis for their opinion. It is our contention that the Town Board in 1981 did not seek to establish the position of Town Manager under Section 58 of the Town Law, rather the post of Town Administrator which embod- ies significant differences in responsibilities. Therefore, Counsel to the Town has submitted additional documenta- tion to the State Comptroller's Office describing the duties and responsibilities of the Administrator and asked that another opinion be rendered. The Town is awaiting a response from the State Comp- troller. Office of the Receiver of Taxes Counsel is currently investigating the method used by the Town to change this position from elective to appointed and determine if it was appropriate. Tax Liens Held by Town In September of 1982, prior to the State Comptroller's Audit, the Town Board retained counsel to implement In Rem proceedings for tax liens prior to 1978. Due to a Federal decision handed down in the summer of 1983 (Menon- ite Case) , our In Rem attorney was required to conduct mortgagee searches and serve notice on all involved property owners to estab- lish good title. This process is now complete, and the attorney will be sending final notices during the week of February 20, 1984. Foreclosure proceedings will begin 120 days after the mailing of these notices should the taxes not be paid. Taxation of Exempt Property Upon Transfer of Title According to the State Comptroller,purchasers of formerly tax exempt property who obtained title during the year should be billed in the following year for additional taxes resulting from the lifting of the exemption. The Town's present practice is to bill the owner upon the transfer of the property for the pro rata taxes in the year of the transfer. By conducting business in this manner, the taxes are col- lected in the year they are owed, and in the following year, the tax levy will reflect the revised assessment. If we adopt the State's recommendation, there is the potential for as much as a one-year lapse in the collection of taxes. Addition- ally, if there is a second transfer of the property, there is a - 11 - 049 question as to which owner is liable for the taxes. To resolve this problem, the Town would have to attach a lien to the pro- perty. Our procedure relieves this administrative burden and allows the Town to realize its tax revenues in the year they are earned. Payment of County Taxes Presently, Town tax bills do not itemize Town, County, and Judicial taxes. The Town, upon receipt of the County tax levy, remits 60% on May 25th and the balance on October 15th. In order for the Town to comply with the State Comptroller's recommendation, one of two alternatives would be utilized. 1. At the end of each month, a review of each tax bill would be conducted, and the amount of County tax received calcu- lated for payment to the County. 2. A separate tax billing for County taxes would be implemented, which would require an additional tax assessment roll. Both alternatives would require additional operating expenses and per- sonnel. The County of Westchester has not criticized our method of payment, and one reason may be that they are aware that Towns must absorb the cost of collecting their taxes and purchasing their tax liens. Therefore, it is our intention to continue our present practice, but as a service to the residents, we are going to investigate the pos- sibility of itemizing the Town's tax bills to present a clear pic- ture of the taxes paid each year. Accounting of Tax Liens Simply stated, the State Comptroller is recommending that the esti- mated amount of tax liens be added to the tax levy of the next fis- cal year. The State Comptroller feels that tax liens should be accounted for as increases and decreases in an asset account, not as expenditures and revenues. Our financial status allows us to not include tax liens as part of the tax levy, thereby saving one to two points from the tax rate. The amount of tax liens is always an estimate, and it, therefore, seems unnecessary to include them in the tax levy. However, the private auditors are going to be consulted further on this matter. Fines and Forfeited Bails In the past, we have been cited for not crediting the full amount of fines and forfeited bails to the General Fund, General Town. It has been the Town's contention that since the two Villages receive the same revenue from their individual court operations, a portion of the Town's revenues should be credited to the Unincorporated Area. The Town will comply with the State Comptroller's recommendation on this matter, but because the 1984 Budget was prepared on the basis of crediting these revenues to both the General Town and Part Town, the State Comptroller's recommendation will be implemented for pre- paration of the 1985 Budget. Safeguarding Public Records The State has noted that minutes of the Town Board meetings were not being inserted into bound volumes on a timely basis. In response, the Town Clerk's Office, through a reorganization of tasks, has de- veloped a system whereby approved minutes will be typed in final form for inclusion in bound volumes and indexed for future reference. This task will be a primary responsibility of a member of the Town Clerk's staff to assure its implementation. - 12 - 050 Deposits - Town Clerk According to the State Comptroller, the Town Clerk's Office was not depositing monies in excess of $50.00 pursuant to Town Law. Procedures in the Town Clerk's Office have been revised to provide for the preparation of deposits on a daily basis or no less than every two days. Parking Meter Collection Presently, the parking meter collector is responsible for all phases of collection, including emptying the meters, counting the money, and preparing the deposit. The State feels that this practice pro- vides no internal control by the Town. Additionally, they have recommended the purchase of meters with locked internal coin boxes. Effective immediately, the collection process will be revised as follows: The parking meter collector will collect monies from the meters and turn them over to the Comptroller's Office to be counted and deposited. To improve internal control, we are also investigat- ing the cost of meters with locked coin boxes, with the intent of purchasing them when it becomes necessary to replace our current stock of meters. Accountability for Gasoline On January 1, 1984, prior to the receipt of this report, the High- way Department and Police Department were instructed by the Admini- strator that all tickets prepared after the disbursement of gaso- line include vehicle mileage readings. As a response to the Auditor's report, the Highway Department and Police Department will conduct daily measurements of gasoline stor- age tanks so as to prepare daily inventories of fuel. Transmittal of Receipts - Recreation Department It is the opinion of the State Comptroller that receipts of the Recreation Department were not deposited on a timely basis. The new Superintendent of Recreation has established a procedure whereby, receipts are deposited daily. On January 1, 1984, a direct night deposit system was instituted with a local bank to handle Ice Rink receipts. Monthly Reports - Recreation Department In the past, the Superintendent of Recreation did not provide a monthly report of monies to the Comptroller's Office. Rather, the Superintendent did submit monies for deposit to the Comptroller's Office and also maintained his own ledgers for money received from various activities. The new Superintendent of Recreation has been instructed that a detailed monthly income report must be submitted to the Recreation Commission and Comptroller. Currently, Town employees and officials do not submit to the Comp- troller verified statements for monies received during the month. The practice is for the Comptroller to issue to the Town employees a receipt for the monies submitted to his office. The Town Admini- strator has instructed the Comptroller to draft a verified state- ment form which will be implemented immediately and will comply with the State Comptroller's recommendations. Pool Receipts The cash collection procedures at the pool will be revised as fol- lows: During the winter months, key attendants will be required to sign out cash banks which they must reconcile each day. In the sum- - 13 - 051 mer when attendance increases significantly, cash registers which provide daily receipt tapes will be rented and installed at the two locker room entrances. Concession Receipts At the time this audit was conducted, the Town operated the conces- sion stands at the pool and ice rink. For the 1983/1984 ice rink season, the Town has contracted the operation of the ice rink con- cession to a local concessionaire. This arrangement has provided revenue to the Town without the burden of operating a food stand. The continuation of this program for the ice rink and pool will alleviate the need for maintaining the records as recommended by the State. Purchase Orders In January of 1983, the Town Administrator revamped the entire pur- chasing system to increase accountability of department heads for their purchases. Spending limits were set that prohibit purchases above those limits without prior approval. The concerns expressed in the State Auditor's report have been ad- dressed through the revision of the purchasing system. Claims and Abstracts The State has recommended that an audited voucher of claims be pre- pared for submission to the Town Supervisor to approve for payment. As a result of the new purchasing system, all claims for payment are audited by the Comptroller and approved by the Administrator. The Supervisor and Town Administrator, prior to receipt of the audit, discussed the following plan whereby members of the Town Board, on a rotating basis, will review all purchase orders with the Admini- strator twice a month. Additionally, a list of all purchase orders will be prepared by department and provided to the Town Board. Itemization of Claims The State expressed concern that claims relating to services rendered by individuals were not sufficiently detailed to permit a proper audit. Specifically, they refer to monies spent for stenography services for the Town Attorney and for field engineering services for the Town Engineer. In both instances, the claim merely refers to the fact that services were provided for the aforementioned departments, the type of service, the hours of service, and the dates were not included. The purchasing system has eliminated this problem by requiring on all claims the date the service was performed, the time, number of hours, and the type of service performed. The claim must be signed by that person who provided the service and also the department head who re- tained the individual. Payment without Contracts The State feels that written agreements are required when organiza- tions receive Town funds. From this point forward, when necessary, written agreements will be prepared with those organizations receiv- ing Town funds. We are also reviewing whether those organizations currently receiv- ing funds require written agreements. If they are required, they will be prepared by counsel. - 14 - 052 Councilman Bloom commented further on the first item relative to the Office of the Town Administrator. He reviewed the circumstances from the time of the report of the study committee and enumerated the steps that were taken leading up to the subsequent hiring of Mr. Altieri, the Town's first Administrator. He stated that the steps were done quite deliberately; Section 58 was not followed since a department was not be- ing created. The Town's intention was to differentiate from a Town Mana- ger form of government to a Town Administrator form of government, with III the responsibilities of the Administrator clearly defined, and empha- sized that no powers of elected officials were to be turned over to that person. At this time, Supervisor Battalia stated that it was her intention to review all past audits with the Town Administrator to determine the need for additional adjustments in procedures for the Town government. Addi- tionally, she noted, that upon completion of the private audit, it is also her intention to meet with the private auditors to discuss the State's audit and ask their advice on other financial matters of the Town. 2. Bureau of Municipal Police Report Supervisor Battalia advised that the report of the Bureau of Municipal Police is quite a voluminous document and is presently being reviewed and will be dealt with subsequently. 3. Thruway Noise Supervisor Battalia reported that the State Transportation Department has begun the decibel readings which should be completed within the next few months. 4. Transfer Station III The Supervisor stated that representatives from the County of Westchester, Mr. Castaldo and Mr. Davies, met with Town officials in anticipation of seeking to take over the transfer station and accept solid waste from another community. 5. Rock Ridge Road Residents Supervisor Battalia reported that she had met with the Rock Ridge Road residents earlier this evening at the Town Center and noted that the fence was installed by Town personnel on Town property during the last week. 6. Miscellaneous Supervisor Battalia acknowledged the cooperation of Mamaroneck Village for notifying the Town of meetings other than public hearings. She advised that the review of the fire claims will be rotated among the Board members. She also stated that all Board members have been assigned specific liaison responsibilities. 7. Appointments III The Supervisor announced that appointments are imminent to the following: Human Rights Commission, Committee on the Handicapped, Budget Finance Committee, and Architectural Board of Review and urged those interested to submit resumes. 8. Varying Times - Board Meetings Supervisor Battalia stated that the criticism of the varying times that - 15 - 053 the Board has been meeting has been duly noted and that the early morn- ings have been set to accommodate those who work out of town and that in the future as many as possible will be scheduled at more reasonable times. 9. Proclamation - Brotherhood Week On motion by Councilman Bloom, seconded by Councilman Lerman, the Super- visor was authorized to proclaim the week of February 19, 1984, as Bro- therhood Week in the Town of Mamaroneck. REPORTS OF THE COUNCILMEN and the COUNCILWOMAN Councilman Bloom 1. Cable T.V. Mr.. Bloom reported that the appeal of the rate increase granted to U. A. Columbia has been filed and that a strong position in opposition to the increase was taken. 2. Resignalization - Myrtle/Murray/North Chatsworth Councilman Bloom spoke of the Town's long-time quest to get the resig- nalization at the above noted intersection corrected and noted that the Administrator's most recent follow-up with the County of Westchester did not get a satisfactory response. He stated that it is the Town's intention to continue to urge the County to make this project a number one priority. Councilwoman Silverstone 1. Larchmont Village Planning Commission Mrs. Silverstone reported on her attendance at the above noted Commission meeting, at which time the approval of a two-story office building on the site of the Old Pioneer Supermarket was given. 2. Town Planning Board Councilwoman Silverstone reported that the Town Planning Board has set the second Wednesday in March as the date for the final public hearing on the Garfield Project before the matter is turned over to the Zoning Board. She noted further that the L.M.R. proposed office building pro- ject decision has been tabled until the next meeting and that the Traffic Committee has been requested to take another look at the situation. At this time, on motion by Councilwoman Silverstone, seconded by Council- man Amlicke, it was unanimously RESOLVED, that this Board hereby will recess into Executive Session to discuss pending litigation. ADJOURNMENT Since there was no further business to come before the Board during this � portion of the meeting, on motion by Councilman Bloom which was seconded by Supervisor Battalia, and after they spoke of the passing of two dis- tinguished Town residents, it was unanimously RESOLVED, that this meeting of February 15, 1984, is hereby declared adjourned at 11:07 P.M. with respect to and in honor of the memory of G. Norman Blair, who provided the Town of Mamaroneck with his architectural - 16 - 054 expertise through his dedicated service on the Planning Board for twenty-seven years, his ser- vice on the Joint Planning Committee, and his most recent service on the newly constituted Construction Board; and be it further RESOLVED, that this meeting of February 15, 1984, is also declared adjourned with respect to and in honor of the memory of Lionel P. Marks, who provided the Town of Mamaroneck with his sense of fairness through his service as a member of the Commission of Human Rights and his dedica- tion by serving as a member of the Board of the Volunteer Ambulance Corps; and be it further RESOLVED, that this Resolution be entered upon the minutes of this meeting as a public and per- manent tribute to G. Norman Blair and Lionel P. Marks. CONVENE EXECUTIVE SESSION Present were the following, representing all members of the Board: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Town Administrator Stephen Altieri and Counsel to the Town Steven Silver- berg were also present. The Board continued to discuss with the Administrator and the Counsel various aspects of the Perritano litigation. Thereafter, on motion by Councilman Lerman, seconded by Councilman Bloom, it was unanimously decided to adjourn the Executive Session and reconvene the regular meeting of the Town Board. ADJOURNMENT At that time, on motion duly made and seconded, and since there was no further business to come before the Board, the meeting was declared adjourned. Town Clerk Town Administrator - 17 -