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HomeMy WebLinkAbout1986_04_16 Town Board Minutes 5 MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 16TH DAY OF APRIL 1986 IN THE CONFERENCE ROOM AND THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, VILLAGE OF MAMARONECK. I CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:45 p.m. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Councilman Stephen Chapin Councilman Thomas R. Amlicke was not in attendance at this meeting. Stephen V. Altieri, Town Administrator and Lee:H. Hoffman;_ CGunsel to the Town, were also present. On motion by Councilman Chapin, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board recess into Executive Session in the Conference Room to discuss matters of personnel. Thereafter, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously resolved to adjourn the Executive Session at 8:23 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 8:25 p.m. in the Court Room. Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Lawrence A. Lerman Commissioner Stephen Chapin -1- -;a ti yy�� V Commissioner Thomas R. Amlicke was not in attendance at this meeting. Also present were the following: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Carol A. Acocella, Deputy Town Clerk Lee H. Hoffman, Counsel to the Town -- P. Thomas Leddy, Highway Superintendent 1. Claims Commissioner Silverstone presented fire claims for authorization of payment and on her motion, 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: Excelsior Garage and Machine Works $ 335.26 IBM Corporation 106.00 National Fire Protection Assn. 23.85 Town of Mamaroneck General Fund 27.18 Town of Mamaroneck Professional Fire Fighters Association Local 898 165.06 RAD Oil Company 322.30 Caruso Film Service, Inc. 10.58 Group Health, Inc. 247.41 $1,237.64 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Lerman, seconded by Commissioner Chapin, it was unanimously declared that this meeting be adjourned at 8:35 p.m. RECONVENE REGULAR MEETING At this time, on motion duly made and seconded, it was unanimously resolved that the Regular Meeting be reconvened. APPROVAL OF MINUTES The minutes of March 19, 1986 were presented and tabled until the meeting of May 7, 1986. -2- 307 AFFAIRS OF THE TOWN 1. Establish Capital Project re: Memorial Park The Town Administrator explained that authorization is being requested to set up a Capital Project Fund to refurbish Memorial Park. He added that the amount being transferred from the Parkland Trust Fund is $110,000 and the low bid was $105,000 which will cover a small contingency. Town Counsel, Lee Hoffman, suggested the resolution authorizing the transfer state up to $100,000 and that $90,000 from the Parkland Trust Fund be transferred and if the other $20,000 is needed, it can then be transferred. Steven Altieri explained that the fund was being based upon $110,000. Thereafter, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Board does hereby authorize the creation of the Capital Project Fund No. 86-1 in the amount of $110,000 entitled Refurbishing of Memorial Park. At this time the order of the Agenda was changed and item 413 under Affairs of the Town was taken up. 3. Report on Metal Recycling Town Administrator, Steven Altieri, explained that the Highway Departments of the Town and the Village of Larchmont would each collect metal in their own jurisdiction and each would take responsibility for transporting this metal to a waste metal dealer located in the Bronx. The dealer, Pascap Industries, will weigh in each vehicle that appears with metal and provide a computerized weight slip indicating the total tonnage on board that vehicle. At the beginning of each month, the dealer will remit to each municipality a check for the metal received in the previous month. At this present time, the dealer is paying $12.00 per ton for waste material. Mr. Altieri added that, having discussed this proposed arrangement with our Highway Superintendent, Tom Leddy, both agreed that there are advantages; first; in that additional space will now be available in the Town yard for a variety of purposes due to the fact that the trucks collecting metal will proceed directly to the metal dealer and the Town yard will no longer serve as a dumping site and second, that the sale of metal will generate additional revenue to the Town and the cost to deliver this metal does not appear to be high due to the fact that we are using smaller vehicles and the trip to the metal dealer is relatively short. The Administrator also reported that due to existing conditions at the Town yard, this new procedure has already begun and unless the Board would prefer an alternate arrangement, it will be continued. Supervisor Battalia Stated that this was an excellent idea and thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Town Board hereby approves the plan to transport metal from the recycling program to Pascap Industries in the Bronx, New York, whereby the Town will be paid the amount of $12.00 per ton. -3- 303 4. Use of Town Center Building - League of Women Voters Stephen Altieri reported that the League of Women Voters has requested use of the Town Center Court Room on May 8, 1986 for a public forum on School Board candidates and, although he felt there should be no question as to whether or not use of the Court Room is allowed, a decision on whether or not to charge a fee should be considered. He added further that we would need a custodian in the building on the night of the event and it is estimated that it would last about two hours, costing roughly $50:00 in salary. Councilman Lerman stated that we should encourage community groups to use the Town Center, however, we should have some sort of policy with regard to what comprises a community group, whether they pay, how much, under what conditions or when it would be provided gratis. Mr. Lerman stated that he wanted to make it clear that the recommendation he made tonight be solely to consider this one request and that hopefully in the future we come up with a policy that will encourage use of the Town Center by community groups, He than suggested we provide use of the Town Center gratis to the League of Women Voters for this event, and said he would be happy to put that in the: form_,of a motion. Supervisor Battalia agreed with Mr. Lerman. Councilwoman Silverstone mentioned the policy that the Village of Larchmont had with regard to the use of the Village Center and stated that the League's use was too important an event to charge for, and seconded Councilman Lerman's motion, which was unanimously RESOLVED, that the Town Board hereby grants permission for use of the Court Room at the Town Center by the League of Women Voters on May 8, 1986 for the purpose of a public forum on School Board candidates. Supervisor Battalia then requested that Councilwoman Silverstone and Councilman Lerman put together a policy for use of the Town Center building and what fees should be charged. 5. Authorization re: Westchester Joint Water Works After clarification by the Town Administrator, Stephen Altieri, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the Westchester Joint Water Works to extend the water distribution system off Fenimore Road to provide 3,000 feet of water main for the Fenbrook Subdivision; and be it further RESOLVED, that said extension shall be provided at no cost to the Town of Mamaroneck. -4- 3 6. Approval of Legal Counsel re: Section 8 Counsel to the Town, Lee Hoffman, explained how HUD had allowed landlords to pass on certain capital improvements to tenants and that as a result of an audit, Hud has changed ¢yth�i position, stating that the landlord cannot pass on certain improvements. He went on to explain further all the aspects and recommended that the Town hire Mr. Vito J. Cassan of Sullivan, Donovan, Hanrahan & Silliere, as legal counsel to represent the Town in this matter since his firm has extensive experience in this field. Supervisor Battalia said the Town had exhausted all possible efforts and was still unable to get through all the bureaucratic red tape. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town Board hereby appoints the Law Firm of Sullivan, Donovan, Hanrahan & Silliere as special counsel with respect to the matter of Mamaroneck vs. HUD re Section 8; and it is further RESOLVED, that approval is granted for a retainer of $3,500.00 for services performed and to be performed until fully used and, in all events, an average charge of no more than $150.00 per hour for work performed be billed on a monthly basis. 7. Appointment to Planning Board Supervisor Battalia noted that Carol Mahoney had resigned from the Planning Board and recommended Patricia Latona to fill Mrs. Mahoney's term. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that Patricia Latona of 8 Lafayette Road, Town, be and she hereby is, appointed a member of the Town Planning Board to serve a term of office expiring on July 6, 1990, replacing the vacancy caused by the resignation of Carol Mahoney. I NOT ON THE AGENDA --- At this time Supervisor Battalia recommended that Martin Zavell be appointed interim Chairman of the Traffic Committee and that Henry Korn be moved from prosecutor to the Traffic Committee. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously -5- 1 RESOLVED, that Martin Zavell of 62 Maple Hill Drive, Town, be and he hereby is, appointed interim Chairman of the Traffic Committee to serve at the pleasure of the Board; 1 and be it further RESOLVED, that Henry Korn of 26 Stonyside Drive, Town, be and he hereby is, appointed a member of the Traffic Committee to serve at the pleasure of the Board; and be it further RESOLVED, that Marilyn Reader of 94 North Chatsworth Avenue, Town, be, and she hereby is, appointed Town Prosecutor, replacing Henry ''.. Korn who has resigned. 8. Establishment of Historic Record Committee Supervisor Battalia spoke about how the Town is a treasure house of documents that should be catalogued and preserved as part of this building. Thereafter, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby establishes a Historic Records -- Committee and appoints the following persons as members to serve at the pleasure of the Board: Patricia DiCioccio (Chairperson) 740 W. Post Road, Mamaroneck Village; Thomas Rosenbaum, 410 Toni Lane, Mamaroneck Village; Frederick U. Baron, 304 Fenimore Road, Mamaroneck Village; Burton Meighan, Chatsworth Gardens, Town; Mary Carlson, 17 North Chatsworth Avenue, Town. 9. Easement Agreement - Falls Road Stephen Altieri explained that after much discussion, Town Counsel, Lee Hoffman, and the attorney for the Nicklaus family prepared an easement agreement favorable to both parties and in which the Town remains assured that the falls will not be obstructed and the Town agrees to repair and maintain the water falls and the wall. -6- 311 Thereafter, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Board as lead agency declares the repair and maintenance of masonry retaining walls at 110 Hickory Grove Drive a Type II procedure per SEQR regulations; and be it further RESOLVED, that this Board hereby authorizes the Supervisor to execute an easement agreement between the Town and the Nicklaus family of 110 Hickory Grove Drive, Town. NOT ON THE AGENDA - Update on Hommocks Fields Supervisor Battalia requested the Town Administrator to give an update on the conditions of the Hommocks Fields. Mr. Altieri reported that the fields were at one time the Town dump and there is a persistent problem with stones and solid waste that does not decompose. The ground is constantly shifting because of a tidal effect. The Little Harbor was dredged in 1979 and the spoils from that dredging were placed on the field and this has caused a problem with getting grass to grow. Although topsoil has been applied periodically, there appears to be no effective way of resolving the problem of glass and stones resurfacing. The Town has established a program of laying topsoil, grading, re-seeding, fertilizing and picking up large stones and pieces of debris. The school district is using the fields for its physical education program but they are not being used for the soccer program. The Town will close the fields in late August or September for major refurbishing. There are still funds being held by Little Harbor Association which were previously to be paid to the contractor who did the dredging. The Administrator then requested Town Counsel, Lee Hoffman, to update the Board. Mr. Hoffman reported that the contractor sued Little Harbor Association and the Town but that the suit against the Town was dismissed. However, although the Town may be entitled to some funds held by Little Harbor Association, there has been some difficulty in acquiring any information from them. Councilman Lerman stated that he hoped the Association would be responsive to letters and calls from the Town and that he would be happy to speak with them. i WRITTEN COMMUNICATIONS There were no written communications to come before the Board at this time. -7- I ... ..... ... . -,a 1 ORAL COMMUNICATIONS There were no oral communications to come before the Board at this time. THE SUPERVISOR Reports Supervisor Battalia: a) reported on the recently received 1986 Town Tax Bill using her own tax bill to give an actual breakdown. As a resident of the Village of Mamaroneck, she stated, her Town tax bill was $790.95 where last year it was $656.57, and of that $750.95 only $55.46 was kept by the Town of Mamaroneck, the remainder represents taxes the Town collects and turns over to the County. She added further, that she was paying only $5.90 more to the Town but $88.00 more to the County of Westchester, and that last year the solid waste disposal tax was increased 100% and this year 150%, realizing a total increase of $45.66 to the County. Councilman Lerman noted that many residents in the Villages do not realize how little their Town tax is compared to the other bodies to which they pay taxes and it might be a good idea to send out two separate bills. At this time Senator Oppenheimer appeared and was introduced by Mrs. Battalia. The Senator then proceeded to explain the crisis in liability insurance that is occurring in New York State and the reaction of the State Senate and later fielded some questions from the Town Board. I b) mentioned that April was Volunteer Month and that Substance Abuse Awareness Month is continuing. c) .stated that last Friday she attended a Rotary Luncheon and that the community-wide SAFE program will be receiving a check from them. d) reported that at the Association of Town Supervisors' meeting, they adopted a number of resolutions and began dealing with two County matters; the first is the tax mapping which needs to be done in order to comply with State law, the second is the requirements necessary to comply with the County Planning Board regarding applications of subdivision,i site plans, etc. She added further that she has requested that Commissioner Eischweiler come to a Town Board meeting to explain the changes in these requirements. e) mentioned a meeting she had with Steve and Caroline regarding the homeless at the Motel. -8- I I i REPORTS OF THE COUNCILMEN AND COUNCILWOMAN Councilwoman Silverstone: a) stated that the Town is interested in becoming a Tree City and designated April 25th as Arbor Day in the Town of Mamaroneck. She further added that the Garden Club will be planting two -- trees, one donated to the Village of Larchmont and the other to the Town of Mamaroneck and this will be the first official tree planting within the Town of Mamaroneck. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town Board hereby designated April 25, 1986 as Arbor Day in the Town of Mamaroneck and that two trees be planted as the first official planting. b) reported that three dogwood trees donated to the Town were planted at Rouken Glen, and also that Mr. Leddy and Mr. Rothman will be planting azaleas at Weaver Street and Murray Avenue. c) mentioned the fact that County Executive Andrew O'Rourke would like to have a uniform sales tax. Councilman Lerman: a) reported that in granting the Northville Gas Station a special permit last year, there was an agreement that cars would exit only on Dillon Road and that they had to have a sign put up, that sign is now down and he believes this is a violation. He asked Mr. Altieri to look into the matter. b) made mention of a Recreation Commission meeting he attended last week and reported several interesting items: that Bill Zimmermann, our Superintendent of Recreation, is now President of the Westchester County Recreation and Park Society; that the Commission will be sponsoring a new event in concert with Mamaroneck High School on June lst which will be a tricathlon and which will be open to various age groups; and most importantly, that the Commission has set new rates for a various number of programs. ADJOURNMENT There being no further business to come before this Board, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously resolved that this meeting be adjourned at 10:40 p.m. Town Administrator Town Clerk -9-