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HomeMy WebLinkAbout1986_05_07 Town Board Minutes MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD ON THE 7TH DAY OF MAY 1986 IN THE CONFERENCE ROOF: 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 7:30 p.m. in the Court Room. Present were the following representing members of the Board: Supervisor Dolores A. Battalia Councilman Thomas R. Amlicke Councilman Lawrence A. Lerman Councilman Stephen Chapin i Councilwoman Caroline Silverstone was not in attendance at this portion of the meeting. Stephen V. Altieri, Town Administrator and Steven M. Silverberg, Counsel to the Town, were also in attendance at this meeting. On motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board recess into Executive Session in the Council Room ---- to discuss litigation and contract related matters. Thereafter, on motion by Councilman Chapin, seconded by Councilman Lerman, 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. i BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Battalia at 8:30 p.m. -- in the Court Room. Present were the following: Commissioner Dolores A. Battalia Commissioner Thomas R. Amlicke Commissioner Lawrence A. Lerman I -1- I 1 Also present were the following: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Carol A. Acocella, Deputy Town Clerk Steven M. Silverberg, Counsel to the Town P. Thomas Leddy, Highway Superintendent George Derderian, Assessor Gordon Albert, Fire Chief William McDermott, First Deputy Fire Chief 1. Claims Commissioner Amlicke presented fire claims for authorization of payment and on his 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: Con Edison $ 43.44 Con Edison 3.05 Con Edison 2.03 Dri-Chem Extinguisher Co. 2,914.00 ET Communications 1,838.50 Excelsior Garage & Machine Works 2,042.06 Kenny's Floor Covering Center 624.00 Larchmont Auto Parts, Inc. 8.28 Larchmont Auto Parts, Inc. 18.74 Lawrence Heat & Power 868.57 New Rochelle Water Co. 135.84 New York Telephone Co. 76.60 New York Telephone Co. 1,057.83 NYNEX Information Resources 9.00 Portronix Communications 314.90 Portronix Communications 7.50 Robert's Department Store 170.75 Spiro-Wallach Co. , Inc. 242.46 Tri-City Auto Parts 65.71 Town of Mamaroneck Professional Fire Fighters Association 110.04 Receiver of Taxes 574.52 $11.127.82 I 2. Other Business Commissioner Amlicke asked if there was any information on the use of Flint Park by the Fire Department for their annual picnic. Fire Chief, Gordon Albert stated that the problem had been resolved. i i ADJOURNMENT I There being no further business to come before this Commission, on motion by Commissioner Lerman, seconded by Commissioner Amlicke, it was unanimously declared that this meeting be adjourned at 8:40 p.m. -2- i I 1 At this time Supervisor Battalia requested that the minutes be held over until the end of the meeting in order to proceed with the presentations. Supervisor Battalia also noted that Councilman Chapin had been present for the Executive Session but was not feeling well and left after it was adjourned, and that Councilwoman Silverstone will be arriving late. ! RECONVENE REGULAR MEETING At this time, on motion duly made and seconded, it was unanimously resolved that the Regular Meeting be reconvened at 8:45 p.m. PRESENTATION - Westchester County Department of Planning Counsel to the Town, Steven Silverberg, gave a brief update, after which Supervisor Battalia introduced the Commissioner of the Westchester County Planning Board, Peter Eschweiler. Commissioner Eschweiler explained that although there were actually two laws dealing with referrals, the General Municipal Law 239-1, m, and n would supercede in providing for the referral of certain classes of municipal planning and zoning actions to the County Planning Board, as an aid in coordinating such zoning actions and planning among municipalities. The law would bring pertinent considerations to the attention of municipalities so they could be aware of any consequences. The purpose of this law was to ensure compatibility of various land uses; traffic characteristics and their effect; impact on existing - - county facilities; population density; community appearance; drainage; and other matters relating to public convenience and governmental efficiency, as well as maintaining a satisfactory environment. i Commissioner. Eschweiler noted the principal differences being that Notice be given within within thirty days, that the municipal boundary that abuts the County within 500 feet of a project must be noticed to the County, and a site plan review would be necessary. Following a very lengthy discussion, the Supervisor thanked Commissioner Eschweiler- for: his presentation and explanations. PRESENTATION - Westchester County Real Property Tax - Tax Mapping Supervisor Battalia introduced R. Warren Fosina who is with the office of the Tax Commission for Westchester County. Mr. Fosina reported that the Town of Mamaroneck is not in compliance with State laws dealing with tax mapping and in order to be so the Town - would have to revamp and redo all tax maps at a cost that has not yet been determined but which could range from $2.00 to $5.00 per map. The Board discussed this issue extensively and concluded that they could see no benefits 'to be derived from expending such large sums of money to revise our tax maps. The Supervisor thanked Mr. Fosina for his report. At this time, Councilwoman Caroline Silverstone arrived . -3- 7 317 AFFAIRS OF THE TOWN 1. Authorization - Computer Consultant The Town Administrator, Stephen Altieri, stated that a proposal had been prepared to provide services to the Town from D B Systems Corporation of White Plains and from Wellman Associates of Mamaroneck. He added that these services would cover four major areas, the Assessor's office, the Town Clerk's office, the Building Inspector's office and the development of a Town Budget. We kept these as priorities, he added, in meeting with the Management Advisory Committee which reviewed the proposals received. He further explained that the proposal from Wellman Associates was for the development of - a requirements document which would identify needs of the Town but would not include any of the work contemplated by D B Systems in their proposal; the cost of preparation would be $2,500 and the total price of the consulting work proposed by D B Systems is $24,000 but this does not include the cost of purchasing the computer hardware for the Town. After some discussion by the Board members with questions fielded by Mr. Altieri, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to enter into an agreement with D B Systems. of White Plains, New York '.. for providing computer consulting services to the Town of Mamaroneck. 2. Authorization - Sale of Surplus Equipment Stephen Altieri, Town Administrator, reported that the Town owns two small pieces of equipment no longer utilized by the Town's Highway Department, a paint machine valued at approximately $150.00 and a wheelhouse tractor also valued at approximately $150.00, which would be in our best interests to declare surplus and offer for sale. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby declares the following pieces of equipment as surplus: Kelly-Cresswell Paint Machine Serial 164453228, Model 16S-7D Wheelhouse Tractor Serial 16634566, Model 1/1-7451; and be it further RESOLVED, that this Board hereby authorizes the Town Administrator to offer said equipment for sale. -4- i 318 3. Authorization - Agreement Village of Mamaroneck re: Town Center Police Response The Town Attorney, Steven Silverberg, explained the terms of the Police Response Agreement between the Village of Mamaroneck and the Town regarding police response at the Town Center. Thereafter, on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby _.- authorizes the Town Supervisor, Dolores A. Battalia, to execute the Police Response Agreement as executed by Village of Mamaroneck Mayor, Paul -- Noto, on April 28, 1986 and annexed hereto: Agreement this of March 1986 Between the Town of Mamaroneck (hereinafter the "Town") and the Village of:Mamaroneck (hereinafter the "Village") with regard to Police response at the Town Center located at 740 West Boston Post Road Mamaroneck, New York. WHEREAS, The Town Police Department shall be relocated to the Town Center of the Town of Mamaroneck, WHEREAS, there is a mutual concern as to police response to the Town Center which is located within the Village, and WHEREAS, it is in the best interest of both municipalities to have a mutual agreement as to police response at the Town Center it is Hereby agreed as follows: 1. The Town police shall be primarily responsible for all police emergencies, incidents, -- and investigations which occur within the confines of the Town Center property, both the building and adjoining parking lots etc. 2. That in the event that additional assistance is needed by the Town Police the Village shall supply such mutual aid as is required under various mutual aid agreements executed by the municipalities. 3. That in the event that there is a complaintconcerning activities of the Town Police on the Town Center property, any such complaint shall be investigated by the Town Police and all such complaints shall be forwarded to the Town Police by the Village Police if received initially by the Village Police Department. 4. That in the case of arrests made by Town police officers at the Town Center property the parties arrested will be arraigned and prosecuted in the Village Court of the Village. 5. That in the case of emergencies requiring ambulance or emergency medical treatment the Village facilities will be used for that purpose due to the proximity of such facilities as opposed to the Town's voluntary ambulance Corp. 6. This agreement is entered into in a spirit of cooperation between the two municipal- ities as to avoid any conflict over police protection or police response and to insure the maximum efficiency in response to the public and to insure the public safety. Should any dispute arise as to jurisdiction then the parties hereto shall endeavor to resolve such dispute in the spirit of this agreement. 7. This agreement is binding upon both municipalities until terminated and may not be terminated without the consent of both Municipal Boards. This agreement shall take affect immediately upon adoption by the Village Board and the Town Board. Mayor Supervisor -5- 319 4. Appointments - Zoning Board Councilman Lerman nominated Arthur Wexler to fill the vacancy of Peter Mosher on the Zoning Board of Appeals and also nominated Thomas Gunther. He then gave brief background information on each and upon his motion, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that Arthur Wexler of 4 Chatsworth Avenue, Village of Larchmont, be, and he hereby is, appointed as a member of the Zoning Board of Appeals to fill the vacancy caused by Peter Mosher, such term expiring February 19, 1990; and be it further RESOLVED, that Thomas Gunther of 21 Valley Road, Town, be, and he hereby is, appointed as a member of the Zoning Board of Appeals for a term of five years, expiring February 19, 1991. 5. Appointment - Board of Ethics Upon recommendation of Supervisor Battalia and on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that Joseph DeSalvo of 246 Knollwood Avenue, Village of Mamaroneck, be, and he hereby is, appointed as a member of the Board of Ethics for a term of one year. I 6. Report of Bids - Refuse Packer Truck After a brief explanation by Town Administrator, Stephen Altieri, who stated that although Willow Motors of Port Chester, New York, had submitted the lowest bid, their proposal did not meet the Town's specifications in two areas. First, he explained, that we specified a 1986 or newer vehicle and their proposal was for a 1985 and second, we indicated an automatic transmission and they proposed a standard manual transmission which, we have found from experience, does not hold up as well. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilwoman Amlicke, it was unanimously RESOLVED, that this Board hereby awards Contract #TA-86-2 for furnishing and delivering one (1) Twenty Cubic Yard Refuse Packer Truck to the lowest responsible bidder, Atlas.White Truck Sales, 234 South Fourth Avenue, Mount Vernon, New York, in accordance with specifications; -6- 7 ISS6 320 and be it further i RESOLVED, that the Town Administrator is authorized to execute the contract with Atlas White Truck Sales. 7. Set Public Hearing Date - Bond Anticipation Note (Refuse Packer) On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets May 21, 1986 as the date for a Public Hearing on a bond anticipation note for a Refuse Packer Truck; and be it further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. 8. Report of Bids - Paving Materials On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifi- cations supplying various pavement materials, namely Peckham Industries at the bid prices submitted; and be it further RESOLVED, that the Administrator is hereby authorized to enter into a contract with Peckham Industries for blacktop in place; and be it further RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for various sizes of trap rock, namely Tilcon at the bid prices submitted; and be it further RESOLVED, that the Administrator is hereby authorized to enter into a contract with Tilcon for various sizes of trap rock; and be it further -7- 2 RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for washed sand, namely Montauk Sand & Gravel, in the amount of $4.00 FOB, $10.75 DEL. per cubic yard; j and be it further RESOLVED, that the Administrator is hereby authorized to enter into a contract with Montauk Sand & Gravel for washed sand; and be it further RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for bituminous concrete materials, namely Peckham Industries at the bid prices submitted; and be it further RESOLVED, that the Administrator is hereby authorized to enter into a contract with Peckham Industries for Bituminous concrete materials; and be it further RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for supplying and installing asphalt materials, as outlined on the bid sheet submitted, namely Peckham Industries, in the amounts specified on the bid sheet; and be it further RESOLVED, that the Administrator is hereby authorized to enter into a contract with Peckham Industries for supplying and installing asphalt materials. 9. Salary Authorization - Town Court The Town Administrator explained that approximately four weeks ago, a part-time clerk resigned from the Town and it became necessary to fill this position as soon as possible. He reported that Susan Russell has been hired to fill this vacancy at a salary rate of $6.50 per hour. Thereafter, 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 the appointment of Susan Russell as part-time Clerk in the Town Court at a rate of compensation of $6.50 per hour. -8- I 322 10. Coastal Zone Management - Acceptance of DEIS-Set Date For Public Hearing On motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets Thursday, May 29, 1986 at 8:15 p.m. as the date and time for a Public Hearing on acceptance of the draft environmental impact study; and be it further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. 11. Set Public Hearing Date - Maloney/Beringer Subdivision After a brief explanation by William Maker, an attorney for Mr. Maloney, and on motion by Councilman Lerman which was seconded by Councilwoman Silverstone, the following resolution was unanimously adopted: WHEREAS, a portion of this subdivision lies outside the sewer district which means that sewer lines constructed therein cannot be connected to the pipes located in the sewer district unless the boundary line thereof is extended; and WHEREAS, the maximum amount proposed to be expended.by the Town of Mamaroneck for this improvement is $-0- since the developer has proposed to pay for the improvements; and WHEREAS, the map, plan and report prepared by William Morgenroth, P.E. are on file in the office of the Town Clerk and are available for public inspection; and WHEREAS, it has been determined that the action sought is a Type II action as defined in section 617.13 (d) (20) of the regulations promulgated pursuant to the New York State Environmental Quality Review Act and in Section 23-15D (2) of the Code of the Town of Mamaroneck; NOW, THEREFORE BE IT -- RESOLVED, that this Board hereby sets May 21, 1986 as the date for a Public Hearing on the Maloney/Beringer Subdivision; and be it further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. -9- On motion by Councilwoman Silverstone, seconded by Councilman 32 Lerman, the following proclamation was unanimously adopted: i PROCLAMATION i WHEREAS, the Town of Mamaroneck is especially enriched by the contributions which Senior Citizens make to all aspects of our Community; and I WHEREAS, older citizens of Mamaroneck bring their wisdom, experience, and enthusiasm to countless endeavors which benefit all citizens and represent a vital resource which must not be diminished; and I WHEREAS, we celebrate the vital presence of older members of our families and the Community by understanding their need to live lives of dignity and independence with opportunity for full participation in life; and WHEREAS, we ask all residents of the Town of Mamaroneck to join with us in recognizing and honoring our Senior Citizens and wish them many more years of health and happiness; I --- NOW, THEREFORE BE IT RESOLVED, that I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck, do hereby proclaim the month of May 1986 as SENIOR CITIZENS' MONTH throughout the Town of Mamaroneck. IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the Town of Mamaroneck to be affixed this 7th day of May, 1986. Supervisor Dolores A. Battalia Town of Mamaroneck -10- On motion by Councilman Amlicke, seconded by Councilman Lerman, the following Proclamation was urlataimously adopted:. III PROCLAMATION ',. WHEREAS, the Town of Mamaroneck recognizes the efforts and contributions of the members of our Police Department toward assuring the health, welfare, and safety of our Community; and WHEREAS, the members of the Town of Mamaroneck Police Department have served the Town and its residents with dedication, professionalism, skill and dignity; and WHEREAS, the Town Council wishes to honor the members of the Department and to acknowledge their important role in maintenance and preservation of the quality of life in the Town; NOW, THEREFORE BE IT -- RESOLVED, that the week of May 12, 1986 be proclaimed POLICE WEEK throughout the Town of Mamaroneck and all residents of our Community are urged to join with us in honoring these devoted public servants. Adopted by the Town Council of the Town of Mamaroneck on the 7th day of May 1986. Supervisor Dolores A. Battalia Town of Mamaroneck -11- i 325 On motion by Councilman Lerman, seconded by Councilman Amlicke, the following proclamation was unanimously adopted: PROCLAMATION WHEREAS, the pressures and stresses experienced in today's society present a serious threat in the general health of the American people, affecting each and everyone of us to some degree; and WHEREAS, stress can result in depression, anxiety, emotional disorders and damaging physical health; and WHEREAS, rising health care costs make it even more imperative that we pursue the goals of good mental health and the prevention of mental and physical illness; NOW, THEREFORE BE IT - RESOLVED, that the month of May 1986 be proclaimed MENTAL HEALTH MONTH throughout the Town of Mamaroneck and that we recognize the diligent efforts of the Mental Health Association of Westchester County for providing a wide range of services to Communities throughout the County. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 7th day of May 1986. Supervisor Dolores A. Battalia Town of Mamaroneck I -12- 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 Town Clerk's Office for the month of April 1986. THE SUPERVISOR Reports Supervisor Battalia: 1) stated that on April 17th she was invited to a Larchmont Rotary Club meeting.where she received a check for $500.00 from monies that they have raised and are contributing to the SAFE Program. The funds are already in the hands of the Committee on Family and Youth and will be put to good use. 2) extended the appreciation of the Town to the Committee on Family and Youth for the job they did with Substance Abuse Awareness Month. 3) stated that on Apri1. 20th she was a guest at the Westchester Jewish Center for a very moving Holocaust Memorial Service. 4) on April 23rd she and the Town Administrator attended an Association of Public Administrators Meeting at the College of New Rochelle where Sister Dorothy Ann Kelly was presented with The Public Service Award. 5) on April 24th she attended a birthday party for Seniors at our new Town Center Senior Center. i 6) stated that on April 29th she testified at hearings in White Plains on the subject of CRACK and the availability of this substance in our Community and Westchester County. A proposal was made by a number of the Board of Legislators to use fines from drug arrests to fund substance abuse programs. 7) stated that on May lst she attended the County Executive's salute to labor breakfast which was attended by most of the labor unions in the County. I -13- Councilwoman Silverstone: 1) stated that she attended the Arbor Day celebration of the Larchmont/Mamaroneck Garden Club. A pear tree was planted on upper Rockingstone Avenue across from Colonel Mott's House. Councilman Amlicke: 1) stated that he would like to get confirmation from Mr. Altieri regarding a Burglar Alarm Committee meeting. Mr. Altieri stated that a meeting would take place at the Town Center in the Conference Room on May 13th. 2) stated that the Joint Planning Group has met twice since the last Board Meeting. They have requested again to be provided with a secretary to take the minutes. Their next meeting will be on May 27th and he stated he would appreciate if we could continue to look for a secretary. 3) that he would like to report without going into detail what the recommendations are about traffic and parking which are the main subjects that the Joint Planning Commission are dealing with. At the next meeting these recommendations will be discussed by consultants in detail and the final report will be presented well in advance of the deadline. Supervisor Battalia stated all Board members should attend the meeting on May 27th, and to let Zoning, Traffic and Planning know and encourage all their members to attend also. 4) stated that on May 6th the Cable Board of Control met, and discussed new ruling procedures and were being pushed by the New York State Commission on Cable TV, whereby the State is trying to control the amount of access to stations at a local level. The Board of Control has written a letter on behalf of our three Communities to the State requesting that there be an adjournment of the hearing. 5) asked when the Board wanted to discuss the Library contract. Supervisor Battalia stated that we should plan on discussing it in Executive Session before the next Board meeting. 6) stated that he and other Board members received a letter from the New York State Senate which informs us that new legislation is being proposed which is pending concerning liability. Supervisor Battalia stated that Sen. Oppenheimer was here and had discussed that at the last Board meeting when Councilman Amlicke was absent. Councilman Lerman: -- 1) stated that the Ice Rink Committee will meet on the 19th at which time a report from the consulant will be presented. Councilman Amlicke and myself are liasions to that Committee. - In addition, that Committee has tri-municipal involvement, both representatives from the Village of Larchmont have been contacted, I also spoke to Mayor Noto and he assured me that he will appoint two trustees from the Village of Mamaroneck to attend. - 14 - j, Supervisor Battalia asked that the PT Council also be notified of that meeting. 2) stated that he met with the Fire Council and many items were discussed including the rationale for the purchase of a fire truck. He added that the Chief had met with Mr. Altieri and they went over, point by point, the reasons why renovations to the current engine were not feasible. Supervisor Battalia stated that she had been requested by the Arthritis Foundation to give a plug to the Channel 3 cable show. APPROVAL OF MINUTES The minutes of the regular meeting of March 19, 1986 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Lerman, with Councilman Amlicke abstaining since he was not present at that meeting, were unanimously approved as corrected. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 11:30 P.M. Patricia DiCioccio Town Clerk i I - 15 -