HomeMy WebLinkAbout1986_04_02 Town Board Minutes I
MINUTES OF THE REGULAR MEETINGS OF THE
TOWN BOARD OF THE TOWN OF MAMARONECK,
HELD ON THE 2ND DAY OF APRIL 1986 IN
THE COURTROOM OF THE TOWN CENTER, BOSTON
POST ROAD, VILLAGE OF MAMARONECK.
CONVENE REGULAR MEETING -
The meeting was called to order by Supervisor Dolores A. Battalia
at 7:40 p.m.
Present were the following members of the Board:
Supervisor Dolores A. Battalia'
Councilman Thomas R. Amlicke
Councilwoman Caroline Silverstone
Councilman Lawrence A. Lerman
Councilman Steven C. Chapin
Also in attendance were the Town Assessor, George Derderian and
Counsel to the Town, Lee Hoffman.
On motion by Councilwoman Silverstone, seconded by Councilman
Lerman, it was unanimously
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RESOLVED, that this Board will recess
into Executive Session to discuss
matters of certiorari.
After discussion of these proceedings, on motion duly made and
seconded, it was unanimously resolved to adjourn the Executive
Session at 8:25 p.m.
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CALL TO ATTENTION - Location of Exits
Supervisor Battalia pointed out to those assembled the location of
exits as required by law for public gatherings.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Battalia at 8:30 p.m.
in the Courtroom.
Present were the following:
Commissioner Dolores A. Battalia
Commissioner Thomas R. Amlicke
Commissioner Caroline Silverstone
Commissioner Lawrence A. Lerman
Commissioner Steven C.Chapin
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Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Lee Hoffman, Counsel to the Town
Pat Kiely, Court Clerk
Gordon Albert, Fire Chirf
1. Claims
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Commissioner Silverstone presented fire claims for authorization
of payment and on motion by Commissioner Chapin, seconded by
Commissioner Lerman, 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. $ 18.00
AT & T Consumer Pdts. Div. 35.51
AT & T Consumer Pdts. Div. 26.31
Con Edison 3.00
Con Edison 2.00
Con Edison 44.01
Consolidated Laundries 28.42
ESCO Exterminating Services 21.73
Excelsior Garage & Machine
Works, Inc. 19.00
Lawrence Heat & Power Corp. 900.00
Micro Bio-Medics 55.60
New York Telephone Co. 76.60
New York Telephone Co. 1,055.33
Portronix Communications, Inc. 314.90
Portronix Communications, Inc. 147.50
Portronix Communications 3.00
Spiro-Wallach Co. , Inc. 55.20
Scarsdale Dodge 65.48
Scarsdale Dodge 5.75
Tri-City Auto 4.06
Mr. N. Waters 100.00
Westchester Joint Water Works 41.85
Electronic & Mechanical
Services Company 369.00
$3,392.35
2. Authorization - Accept Bids for Fire Apparatus
Commissioner Battalia requested Chief Albert to explain the reason
for need of a new truck to which he replied that the old truck,
which had been purchased in 1962, could not pass the underwriter's
inspection. He further explained that a new pumper was needed
because more water pressure and power capability was necessary
due to the growth of the Town. The old truck, he stated, would
be unable to handle a major fire, it has a cracked exhaust manifold
and it is incapable of passing the pump certification test. He
also added that both the body and interior are worn.
Second Deputy Chief William McDermott stated that although he
repairs fire trucks it would not be feasible to refurbish this
truck since the main problem is that they would still not be able
to increase the pumping capability. Commissioner Silverstone
asked Mr. McDermott what it would cost to buy a reconditioned
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fire-truck, Mr. McDermott replied that it would not be
sensible to buy a reconditioned vehicle which would cost about
$100,000 versus buying a new one which would cost approximately
$140,000 since there would be a a twenty to thirty year use of
a new truck but you really can't be sure how long a refurbished
truck will last.
Commissioner Silverstone asked about selling the existing truck
and how much it is worth to which Mr. McDermott replied that it
would be difficult to determine the value but they did intend to
sell it.
Chief Albert stated that a new truck, in addition to increased
capability, would also give the Town a better insurance rating
and therefore lower premiums.
Commissioner Silverstone asked whether she could be provided with
a list of equipment which the Fire Department presently has and
the age and condition of the equipment since it is difficult to
determine need without that particular background information.
Chief Albert agreed that he would provide her with a list of the
trucks, the newest of which was bought in 1979.
Commissioner Battalia asked Mr. Altieri to explain how the
equipment would be financed. Mr. Altieri explained that it
would be paid by obtaining a bond anticipation note for a five-year
period and that when the present truck is sold, the amount would
be applied toward the second year payment which would reduce the
principal and interest.
Thereafter, Commissioner Battalia explained that this authorization
is for the acceptance of bids and asked for a motion. On motion by
by Commissioner Silverstone, seconded by Commissioner Chapin, it
was unanimously
RESOLVED, that this Commission hereby
authorizes the Town Administrator to
accept bids for a new 1500 gallon
pumper to replace Engine 37.
ADJOURNMENT
There being no further business to come before this Commission, on
motion by Commissioner Silverstone, seconded by Commissioner Chapin.
it was unanimously resolved that this meeting be adjourned.
RECONVENE REGULAR MEETING
At this time, on motion duly made and seconded, it was unanimously
resolved that the regular meeting be reconvened.
PUBLIC HEARING: Amendment to Ethics Code
Supervisor Battalia asked Counsel, Lee Hoffman,to explain the
Amendment to the Ethics Code prior to opening the public hearing.
Mr. Hoffman explained that the purpose of this amendment was to
implement changes to the Ethics Code which had been made by the
Board of Ethics, relating to disclosure of financial holdings by
certain employees.
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Thereafter, on motion by Councilwoman Silverstone, seconded by
Councilman Chapin, it was unanimously Y"
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RESOLVED, that the Public Hearing
be, and it hereby is, declared
open.
At this time Supervisor Battalia introduced Carol Gristina and
Dennis Kenny, representatives from the Board of Ethics. The
Supervisor then asked if anyone would like to speak in favor of
the proposed amendment.
Mr. Kenny informed the Board that the Board of Ethics has met to
discuss the disclosure statement, scope and extent of the Ethics
Code and they felt that it may have been too far reaching in its
inclusion of volunteers. He added that he has since heard that
Town Counsel, Steve Silverberg, had since sent a memo stating
that he felt the rewording may be watering down the law. Mr.
Kenny also added that , after reading the memo, he realized that
there is no real difference of opinion between Mr. Silverberg
and the Board of Ethics, it just appears to be a language
misinterpretation and that if Mr. Silverberg could be at the next
meeting of the Ethics Board, they could certainly arrive at an
agreement.
Supervisor Battalia stated that the public hearing could be
adjourned until such time and thereafter, on motion by Councilman
Chapin, seconded by Councilwoman Silverstone, it was unanimously
agreed to withdraw the proposed amendment and
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RESOLVED, that the Public Hearing
be, and it hereby is, declared
closed.
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APPROVAL OF MINUTES
The minutes of February 27, 1986 were presented and approved as
amended.
The minutes of November 7, 1984 were presented and deferred until
further information can be provided to the Town Clerk.
AFFAIRS OF THE TOWN
1. Report of Bids - Memorial Park Improvements
Mr. Altieri explained that bids had been received for the
construction of an additional tennis court and installation
of playground equipment at Memorial Park and said bids were
based upon unit prices for estimated quantities, and the
quantity estimates were established for the worst given
situation so that these bids reflect the maximum cost of the
project. He recommended that the contract be awarded to the
lowest responsible bidder, Montesano Brothers of Harrison,
New York.
Councilman Lerman requested that Mr. Altieri find out the
cost and implement the necessary steps to include the restrooms
in the improvements.
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Thereafter, on motion by Councilwoman Silverstone, seconded by
Councilman Amlicke, it was unanimously
RESOLVED, that this Board hereby
awards Contract #TA86-1 - Memorial
Park improvements to Montesano
Brothers of Harrison, New York,
the lowest responsible bidder
- - meeting the Town's specifications;
and
`— be it further
RESOLVED, that this Board hereby
authorizes the Town Administrator
to enter into an agreement with
Montesano Brothers for the completion
of work specified in Contract TA86-1;,
and
be it further
RESOLVED, that the Town of Mamaroneck
Town Board is lead agency for the
Memorial Park Construction Project; and
be it further
RESOLVED, that this project is declared
a Type II Action, pursuant to Section
23-15 (D) (7) of the Town Code of the
Town of Mamaroneck - this project involves
the restoration and reconstruction of a
structure (tennis courts and playground)
being increased by less than 20% of its
existing square footage, and is not in a
critical environmental area; and
be it further
RESOLVED, that, based upon review of the
proposed including bid documents, the
project will have no significant impact
on the environment; and
be it further
RESOLVED, that the Town Administrator is
directed to prepare, post and file all
notices required by State and Town of
Mamaroneck Environmental Quality Review
Laws.
2. Authorization - Accept Bids for Paving Materials
Based upon Mr. Altieri's memo explaining that the Town
receives bids annually for various paving materials used
in the annual resurfacing program, 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 bids for paving materials.
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3. Proposed Certiorari Settlements
Supervisor Battalia stated that the next item on the agenda
is the proposed certiorari settlements for Patricia Gardens
and Daitch Shopwell which were already discussed in Executive
Session and agreed upon.
Mr. Derderian, Assessor for the Town, told the Board that
he had met with the attorneys for grievances and would
recommend these reductions in assessment be approved.
(a) Patricia Gardens Owners, Inc. vs. Town of Mamaroneck
On motion by Councilman Lerman, seconded by Councilwoman,
Silverstone, it was unanimously
RESOLVED, that in accordance with the '..
terms recommended by the Assessor, this
Board hereby authorizes the settlement
of certiorari proceeding - Patricia
Gardens Owners, Inc, vs. Town of
Mamaroneck for assessment years 1981
through 1985.
(b) Daitch Shopwell vs. Town of Mamaroneck
On motion by Councilman Lerman, seconded by Councilwoman,
Silverstone, it was unanimously
RESOLVED, that in accordance with the
terms recommended by the Assessor, this
Board hereby authorizes the settlement
of certiorari proceeding - Daitch
Shopwell vs. Town of Mamaroneck for
assessment years 1981 through 1985.
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4. Travel Authorization - Town Administrator
In response to Mr. Altieri's request to attend the New York
State Municipal Managers Association's annual conference,
on motion duly made and seconded, it was unanimously
RESOLVED, that this Board hereby
approves authorization for the
Town Administrator, Stephen Altieri
to attend the New York State Municipal
Managers Association's annual conference,
being held May 14th through May 16, 1986,
at the Qtesaga Hotel in Cooperstown, New
York at a cost of approximately $375.00.
5. Authorization to Retain Labor Counsel
Mr. Altieri requested that the Board authorize him to enter
into an agreement to retain labor counsel. He explained that
the agreement would provide advisory services to the Town as
well as research services for labor matters and if counsel
is required to appear as representatives on behalf of the
town for grievance arbitrations or administrative litigation
matters, the services would be billed on an hourly basis.
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Councilman Amlicke questioned the need for this service,
especially since we are not negotiating any contracts at
present. Mr. Altieri replied that we still have to be
concerned about grievances.
Thereafter, on motion by Councilwoman Silverstone, seconded
by Councilman Lerman, it was unanimously
RESOLVED, that this Board hereby
authorizes the Town Administrator,
Stephen Altieri, to execute a retainer
agreement with the law firm of Rains
and Progrebin to serve as labor counsel
- to the Town of Mamaroneck.
6. Authorization Re: Violations Management System
Mr. Altieri stated that he had requested of the Court Clerk
that she attend tonight's meeting so that she could answer
any questions the Board may have regarding the computerization
of the court. Mr. Altieri went on to explain that the
computer service would provide a terminal, printer and modem
which would give access to the Violations Management System;
the company would provide access via modem from 8:00 a.m.
to 12:00 a.m. Monday through Friday; and that the Town will
be responsible for the daily entry of all information
pertaining to parking tickets and moving violations.
The Court Clerk, Pat Kiely, stated that she is usually six
to eight weeks behind in sending notices and this system
- should alleviate that problem. She also felt that the Board
should consider raising the fines on second and third notices
that are sent out on violations.
Thereafter, on motion by Councilman Chapin, seconded by
Councilman Amlicke, it was unanimously
RESOLVED, that this Board hereby authorizes
the Town Administrator to execute an
agreement with Complus Computer
Associates to provide a violations
management system in the Court Clerk's
Department.
7. Report on Public Official Insurance Renewal
Mr. Altieri reported that on March 31, 1986 the Town's public
officials' liability insurance expired and since that time
he had been trying to obtain a replacement policy. He added
that National Union Insurance Company provided us with
premium quotes and he had instructed the Leonard Newman
Agency to renew our policy with National Union Insurance
Company for coverage in the amount of $3,000,000 and a
premium of $27,700.
8. Authorization - Sale of Property
George Derderian, Assessor, stated that it is his opinion that
a fair and reasonable starting price for the Police Station
property on 11 Edgewood Avenue should be set at $150,000.
Mr. Altieri stated that the land needed to be declared surplus
property so that he could proceed with the sale.
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Thereafter, on motion by Councilman Lerman, seconded by
Councilwoman Silverstone, it was by unanimous decision
of the Board that the following resolution was adopted:
WHEREAS, the Town Police Department
has relocated its operations to the
Town Center building; and
WHEREAS, the current Police Department
property is no longer useful or needed
for municipal purposes;
NOW, THEREFORE BE IT
RESOLVED, that this Board declares
this property designated as Section 1,
Block 123, Lot 53, also known as the
Police Department property, as surplus;
and be it further
RESOLVED, that based upon information
supplied by the Town's Assessor as to
value of similarly situated properties,
that the minimum price representing
the fair market value of the property
is $150,000;
and be it further
RESOLVED, that the Town Administrator
is hereby authorized to proceed with
the sale of the property at a price
of no less than $150,000.
9. Report on Proposal Re: Burglar Alarms
Mr. Altieri informed the Board that proposals distributed to
twenty-nine alarm companies in the area were to be received
by March 31st and in view of the fact that the bids just came
in two days ago, recommendations could not be made for tonight's
meeting. He also suggested that the people who expressed an
interest in serving on an alarm committee meet with the staff
to review the proposals so that a recommendation can be made
within the month.
Councilwoman Silverstone mentioned that there should also be
research on how other communities handle this service.
Supervisor Battalia suggested that Mr. Altieri arrange to send
a letter to neighborhood associations asking if they would be
interested in designating a representative_ She also requested that
Councilmen Amlicke and Chapin help to organize the committee.
--' 10. Salary Authorizations - Recreation
On motion by Councilman Lerman, seconded by Councilman Amlicke,
it was unanimously
RESOLVED, that as provided for in the
1986 Town Budget, this Board hereby
authorizes payment of '.salary to the
following:
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Timothy Codispoti, Recreation Assistant, Rink
Breakdown, $5/hour, effective retroactive to 3/20/86;
Christopher Adams, Alternate Lifeguard - $3.35/hour,
Alternate Key Attendant - $3.00/hour;
Joseph Marks, Recreation Attendant, Memorial Park
Tennis Courts, $5/hour, effective retroactive
to 3/27/86;
Lester Wauchope, Recreation Attendant, Memorial Park
Tennis Courts, $5/hour, effective retroactive to
3/27/86.
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11. Request for Voting Machines
The Town Clerk informed the Board that the Mamaroneck Board
of Education had requested the use of 15 voting machines for
the May 21, 1986 School District Vote and Election.
Thereafter, on motion by Councilwoman Silverstone, seconded
by Councilman Chapin, it was unanimously
RESOLVED, that this Board hereby grants
the request of the Board of Education
and authorizes the Town Clerk to
provide to the Board of Education
fifteen (15) voting machines to be
used for the School District Vote
and Election to be held on Wednesday,
May 21, 1986.
12. Discussion of Municipal Zoning of Satellite Dishes
Supervisor Battalia informed the Board that there would be
a public hearing on Tuesday, April 22, 1986 in Albany to
discuss the impact on local governments of the Federal
Communications Commission's ruling which preempts local
zoning ordinances that discriminate against satellite dishes.
Counsel to the Town, Lee Hoffman, suggested contacting Dennis
Gorski, an Assemblyman in the State Assembly who is on the
Codes Committee, to see if we could obtain the 54 local laws
regulating satellite dishes that will not be affected by the
Federal Communications Committee's ruling.
13. Declaration of Alcohol and Substance Abuse Month
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At this time, on motion by Councilman Chapin, seconded by
Councilwoman Silverstone, the following proclamation was
adopted by unanimous vote of the Board:
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P R O C L A M A T I O N
WHEREAS, the heart of a community is its people; and
WHEREAS, the physical and mental well-being of those
people is of paramount importance to the
community; and
WHEREAS, the abuse of alcohol and other addictive
drugs is a mortal threat to people's
health; and
WHEREAS, community awareness of the manifold ill
effects of alcohol and drug abuse can be
an effective deterrent;
NOW, THEREFORE
We, Dolores Battalia, Supervisor, Town
of Mamaroneck;
Paul Noto, Mayor, Village of Mamaroneck;
Miriam Curnin, Mayor, Village of Larchmont
do hereby proclaim April 1986
ALCOHOL AND SUBSTANCE ABUSE COMMUNITY
AWARENESS MONTH
and urge all our constituents to become
informed about substance abuse and to
learn how to combat it for the health of
the Community and hereto we set our seals.
Dolores Battalia Paul Noto Miriam Curnin
Supervisor Mayor Mayor
Town of Mamaroneck Village of Mamaroneck Village of Larchmont
Dated: April 3, 1986
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14. Appointments to Larchmont/Mamaroneck Narcotics Guidance
Council Board of Directors
On motion by Councilwoman Silverstone, seconded by
Councilman Chapin, it was unanimously
RESOLVED, that Peter Tannen of
530 Walton Avenue, Mamaroneck Village
and Keith Yizar of 124 Richbell Road,
Mamaroneck Village, are hereby
appointed to serve on the Board
of Directors of the Larchmont/
Mamaroneck Narcotics Guidance Council.
WRITTEN COMMUNICATIONS
There were no written communications to come before the Board at
this time.
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ORAL COMMUNICATIONS
There were no oral communications to come before the Board at
this time.
- THE TOWN CLERK
Reports
The Town Clerk presented the report of the Building and Plumbing
Inspector for the month of March 1986.
The Town Clerk presented the report of the Town Clerk's office
for the month of March, 1986.
THE SUPERVISOR
Reports
Supervisor Battalia announced that the celebration of the opening
of the renovated Town Center will be held on Saturday, April 5,
1986 from 2:00 p.m. to 5:00 p.m.
REPORTS OF THE COUNCILMEN AND COUNCILWOMAN
Councilman Amlicke:
1. questioned Mr. Altieri about the progress with the Railroad
Station gates and lights to which Mr. Altieri replied that
he was setting up a meeting with the MTA to review our
proposals.
2. asked whether a secretary could be provided to take minutes
of the Joint Planning Committee.
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3. wondered if there was a possibility of selling decals for
commuters in Larchmont'at our commuter lot and if we had
any spaces available. The Town Clerk informed him that of
the 200 spaces, 178 had been sold so that there were 22
decals or spaces open.
4. reported that he had attended a Library Board meeting, and
there were revisions needed to the contract which he had
passed out to the Board. A discussion ensued on this
contract and Supervisor Battalia stated that the contract
would be put on the agenda for the Town Board meeting in
May.
Councilwoman Silverstone:
1. informed the Board that an increase in County Sales Tax is
being proposed again and we may want to contact the Association
to find out more about it.
2. questioned where we were at with the SEQR hearings, to which
Supervisor Battalia replied that the Clerk's office is typing
all the legislation and it should be ready in a few days.
ADJOURNMENT:
There being no further business to come before the Board, on
motion duly made and seconded, the meeting was declared adjourned
at 11:15 p.m. , after which the Board adjourned into Executive
Session to discuss matters of personnel.
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Town Administrator
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-- Town Clerk
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