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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 I 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. I 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 -1- ................._.._.. . . ; ;, ro 29 4 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 i 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 -2- m� 2 953 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. -3- APP. 2 Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously Y" i 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 i RESOLVED, that the Public Hearing be, and it hereby is, declared closed. i 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. -4- f.'ll Z o 2 iUV 297 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. -5- le�•ai0'J P�v.,.4y.. 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. I 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. -6- non 1v 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. -7- 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: -8- A 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. i 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 I At this time, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, the following proclamation was adopted by unanimous vote of the Board: -9- I �I 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 -10- 303 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. i 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. -11- 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. I Town Administrator I -- Town Clerk -12-