HomeMy WebLinkAbout1991_05_22 Town Board Regular Minutes MnRITES OF THE REGULAR ME Tm
OF THE TOWN BOARD AMID BOARD OF
FIRE CMWSSIONERS OF THE TOWN OF
M MARONECR, HELD ON THE 22ND OF
MAY 1991 IN THE COURT ROOM OF THE
'DOWN CENTER, 740 WEST BOSTON POST
ROAD, MUMPDNECK, NEW YORK
CONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 7:00 p.m. at which time the Board recessed
into Executive Session.
The Executive Session held in Conference Room A to discuss personnel
and certioraris was, on motion duly made and seconded, unanimously
declared adjourned at 8:20 p.m.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 8:27 p.m.
Present were the following members of the Board:
Supervisor Caroline Silverstone
Councilwoman Elaine Price
Councilman John McGarr
Councilwoman Kathleen Tracy OIFlinn
Councilman Paul Ryan
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
Paulette Gabbriellini, Assistant to
the Town A&u nistrator
Michael A. Acocella, Jr., Fire Chief
CALL TO ATTENTION
Supervisor Silverstone pointed out to those assembled the locations
of exits as required by law for public gatherings.
BOARD OF FIRE COM aSSIONERS
The meeting was called to order by Camnissioner Silverstone at 8:30
p.m. in the Court Room.
Present were the following members of the Carmnission:
Comnissioner Caroline Silverstone
Commissioner Elaine Price
Caatenissioner John McGarr
Commissioner Kathleen Tracy O'Flinn
Commissioner Paul Ryan
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May 22, 1991
1. Fire Claims (None)
2. Other Business
Peter Zambito, a volunteer attorney for the Volunteer Fire
Department, stated that at the last meeting there was a question
raised about the use of facilities in the Fire House. He then
went on to read the following response to the question:
Issue: Discussion of Procedure For Use of Building Facilities
First, the Fire Council and Fire Department would like to
express our concern and mortification abut the verbal abuse the
Town Board had to take from Mr. Ryan at their last meeting of
May 8th. We feel that this was totally out of line, as proper
protocol would have dictated that any issue concerning Fire
Department or Fire District property should have been brought up
at the Board of Fire Commissioners meeting. If Mr. Ryan knows
as much about the use of the facilities as he professes, he
should have known about the history surrounding the property and
its use.
The issue of the use of Fire District property is not a new one.
In the early 19301s, the Town Board passed a resolution that the
Fire Department (then "Fire Company") take complete care of the
building, and the Town would have the use of it for elections
and pubic hearings. We provide herewith a copy of the Town
Hoard Resolution adopted March 15, 1933.
RESOLVED, that the care and jurisdiction
of the Fire House Building at Weaver
Street and Edgewood Avenue, be turned
over to the Fire Company on condition
that they take care of the building,
do all the Janitor work, but that the
Town Board still have the use of it for
all election purposes and public meetings
that the Board may desire to call.
Captain Howe, who addressed the Town Board, stated that the
building (then Weaver Street Fire Company #1) was built in 1921
as a firehouse for Fire District #1 and was not a community
house for the entire township. It was paid for by the residents
of the Fire District.
Although the issues addressed by Mr. Ryan's complaint are not
new to us, the Fire Council and the Board of Fire Commissioners
have allowed the auditorium to be used by resident groups.
Procedures were set up many years ago regarding the use of the
auditorium. For over 50 years, these procedures have been
followed without discrimination as to who can or cannot use the
facilities. When there was a conflict for the use of the
building, the applicant was notified and given alternate dates
for the use of the facility. Fire Department activities have
always taken precedence over the activities of any local group
wishing to use the facility.
(Mr. Zambito made note of an
included list of 14 groups
presently using the auditorium.)
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May 22, 1991
Fee for the use of the facility is $15.00 and $10.00. The
$10.00 fee is returned after the use of the room. The $15.00
fee is used for janitorial services, sweeping, mopping, setting
up chairs, picking up of discarded paper, etc. An application
must be filled out by every group who wants to use the
auditorium. On the reverse side of the application are rules
and regulations which must be complied with. Upon receipt of
the completed application, the room is reserved for the desired
date for the group wishing to use the facility
At our March 11, 1991 Fire Council meeting, this issue was
discussed with commissioner Caroline Silverstone, and the verbal
abuse that was given to our First Deputy chief over the phone by
Mr. Ryan was related to her. (Incidentally, Mr. Ryan hung up on
Chief Santoro. Chief Santoro then called him right back and was
told by Mr. Ryan that he had hung up because he was indisposed.)
Chief Santoro then explained the procedures to him as outlined
above. Commissioner Silverstone agreed tha we i.e., the members
of the Fire Department have control of the auditorium and as
long as we treat everyone who wishes to use it in the same fair
manner, Mr. Ryan should also be required to pay the usual fee
requested. Further, commissioner Silverstone stated that she
would talk to Steve Altieri and advise him of Councils
decision. commissioner Silverstone stated that it was our call
as long as we were being fair and treating everyone equally.
The Commissioner also stated that she would cammmicate with Mr.
Ryan-
THE COUNCIL ROOM IS CRITICAL TO THE GOVERNING AFFAIRS OF THE
FIRE DEPARMr. Obviously, Fire Department business has to
have the first priority and any private citizen seeking to use
those facilities must yield to the needs of the Fire Department.
The Chief of the Department has 22 different committees. Each
committee consists of a Chairman and various members who serve
on each committee. Each committee meets and reports to the
Chief of the Department who, in turn, reports to the Fire
Council. The facilities, such as the Council Room, are in
constant use by these ccmmii.ttees and it is critical to the
governmental affairs of the Department.
The parking area in the rear is for the exclusive use of
Department members and, at one time, of the Police Department
(who shared the cost of expanding it to its present size) .
Contrary to the belief of Mr. Ryan, members of the Department do
respond to Headquarters when an alarm occurs. Their vehicles
are parked in the rear of the building and they man the
Firehouse together with emergency drivers, and are prepared for
a second call or to respond with additional manpower at the
scene, if needed. Our operation is precise, and we do not
believe it should have to be defended. We have been responding
in the same manner since our formation. The rear parking lot is
used for training, alarms, attendance at meetings and drills,
blood bank calls, the wash down of apparatus, re-packing hose
and equipment after an alarm, refueling of apparatus, refueling
of the volunteer ambulance and training on the Hurst tool (Jaws
of Life) . On more than one occasion, when the auditorium was in
use, we had to ask people to move their cars, so we could refuel
the apparatus and repack hose and equipment to place the
equipment back in service.
As a matter of courtesy, we do allow our neighbors to park in
our lot in the evenings, and we have not had any problems with
them. They have been understanding of our needs and, if and
when we need the area for any of the above activities, they have
cooperated-
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May 22, 1991
Mr. Ryan's remark about our recreational and training room is
unfounded. It should be known that the Town Fathers (Town
Board) gave this room to the Exempt organization until the last
member dies, for their use in attracting and keeping members
close to Headquarters as much as possible in the event of an
alarm. It is used for functions too numerous to elaborate on.
To have to defend our position to an individual who is not
knowledgeable about our Fire Department and how it functions is
ridiculous.
It has been the sincere desire of the Fire Council to assist and
accoamodate any deserving civic group of the Unincorporated
section of the Town in the furtherance of their endeavors, and
the Council continues of this view, subject of course to Fire
Department business, which must take precedence.
We ask the Town Board to make this statement a part of the
minutes of this meeting.
Chief Michael A. Acocella, Jr.
Town of Mamaroneck Fire Department
May 22, 1991.
Mr. Zambito briefly stated that he read this with some slight
changes in the language, and that they feel the community should
be made aware of the history and background of the use of that
building. He stressed that the first priority has to be and
must be Fire Department business, and emphasized that they treat
and will continue to treat all who ask for use of the facilities
in the same manner, with no discrimination intended to lock out
or refuse the facilities to anyone.
The Supervisor thanked Mr. Zambito for reading the statement and
for clarifying and educating everyone on this subject. She
noted that statement was primarily on the auditorium and she
inquired as to the status of the Council Roam. Chief Acocella
informed her that the Council Roam is never given out, it is
used for their training and meetings only, although it had been
used at one time for the Town Board, and continues to be used
during the daytime by some the Happy Homemakers, elderly ladies
who have used it for over 30 years. A brief discussion ensued.
There being no further business to come before this Commission, on
motion by Commissioner Price, seconded by Commission O'Flinn, the
meeting was unanimously declared closed at 8:45 p.m.
AFFAIRS OF THE TOWN
1. Appointment - Conservation Advisory Commission
The Supervisor explained that the CAC is a Town-appointed Board
having three members from each of the two Villages and noting
that she had requested that Larchmont Village provide someone to
replace Kevin Ryan, who had resigned to becom a Larchmont
Village Trustee. Councilwoman O'Flinn then gave a brief
background and on her motion, seconded by Councilman McGarr, it
was unanimously
RESOLVED, that this Board hereby
appoints Martha L. Gershun of
Kilmer Road, Larchmont to the
Conservation Advisory Cotmtission,
to fill the unexpired term of Kevin
Ryan to December 1991.
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May 22, 1991
2 First Quarter Budget Performance Report
The Administrator presented the Budget Performance Report for
the first quarter ending March 31, 1991. He then detailed some
of the revenues, notably tax levies which are not received
during the first quarter and are reflecting only uncollected
taxes from prior years which had been received during this
quarter. He also pointed out that State aid reflected a
significant drop due to the choas existing in the State budget.
He also highlighted some expenditures and gave a general
overview on the performance of the budget during the first
quarter, emphasizing how much clearer both expenditures and
revenues will be after the second quarter has transpired. Some
discussion ensued, with the Administrator fielding questions
from Board members. Councilman McGarr commended and thanked the
Administrator and Treasurer for their efforts in improving the
format and reporting of each quarter. The Supervisor then
thanked Councilman McGarr for adding his expertise and diligence
to the budget matters.
3 Ratification - Stipulation of Agreement-PBA
Following a brief update by the Administrator and some
discussion among the Board, on motion by Councilwoman Price,
seconded by Councilwoman O'Flinn, it was unanimously
RESOLVED, that this Board hereby
ratifies the Stipulation of
Agreement with the Town's Police
Benevolent Association for a
renewal of the collective
in.nq agreement;
and be it further
RESOLVED, that this Board hereby
authorizes the Town Administrator
to execute the Agreement with
the Towns PEA.
At this time the regular order of the Agenda was changed and Item #7
under AFFAIRS OF THE TOWN was taken up.
7. Request of Child Care Advisory Committee
Paulette Gabbriellini, Assistant to the Town Administrator,
stated that the Child Care Advisory Committee, made up of Ellen
Endick, Betty McSherry, Judy Lesch, Nancy McGarr and Benita
Marks, have worked for the past one and one-half years in
choosing a child-care director for the Monroe site, as well as
priorities for admissions of children. She added that first
preference was given to children of Town residents, second
preference to children of Town employees and tonight, Ray Robbe,
is here on behalf of the Mamaroneck School District teachers, to
request that the Child Care Advisory Committee give a third
preference to children of these teachers.
Both Benita Marks and Ray Robbe urged the Board to endorse this
request and send their approval to Michelle Washington, the
director of Beginnings.
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May 22, 1991
Following a brief discussion among the Board, on motion by
Councilman Ryan, seconded by Councilwoman Price, it was
unanimously
RESOLVED, that this Board hereby
approves a system of preference
for use of the Monroe Day Camp
as follows:
First preference - Town Residents;
Second preference - Town Employees;
Third preference - School System
Employees;
contingent upon Michelle Washington,
Director of the Beginnings Day-Care
Center, being in agreement.
At this time the regular order of the Agenda was resumed and Item #4
under AFFAIRS OF THE TOWN was taken up.
4. Authorization - Retainer Agreement-Edward Lieberman
Pursuant to memo by the Administrator and his reommiendation, on
motion by councilwcman Price, seconded by Councilman McGarr, it
was unanimously
RESOLVED, that this Board hereby
authorizes the Town Administrator
to execute the Retainer Agreement
for legal services of Edward M.
Lieberman of Elmsford to continue
to act on behalf of the Town in
1991 on two matters of litigation.
5. Authorization - Money Market Account
Pursuant to memo from Carmine DeLuca, Comptroller, and brief
clarifiation by the Administrator, on motion by Councilwoman
Price, seconded by Councilman McGarr, it was unanimously
RESOLVED, that this Board hereby
authorizes the Town Comptroller/
Director of Finance to open a
super money-market account for
capital Funds of the Town at
Barclays Bank, Mamaroneck, NY.
At this time the Supervisor informed the Board that June 19th is High
School graduation, which presents a bit of a conflict, adding the
fact that the Town has given the parking lot to the school system for
the night. She then asked for a motion to change the date to the
20th and, on motion by Councilman McGarr, seconded by Councilman
Ryan, it was unanimously
RESOLVED, that this Board hereby
changes the date of the Town Board
Meeting of Wednesday June 19, 1991
to Thursday, June 20, 1991.
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May 22, 1991
At this time the regular order of the Agenda was resumed.
6. Set Public Hearings - Limited Moratorium Law
- Amendment Zoning Ordinance
On motion by Councilwoman Price, seconded by Councilwoman
O'Flinn, it was unanimously
RESOLVED, that this Board hereby
sets June 20, 1991 as the date
for a Public Hearing on a
proposed local law to amend
Local Law #3-1990 providing for
a limited development moratorium;
and be it further
RESOLVED, that the Town Clerk be,
and she hereby is authorized to
publish in an official newspaper
of the Town, Notice of said Hearing
as rqu red by law.
On motion by Councilwoman Price, seconded by Councilwoman
OIFlinn, it was unanimously
RESOLVED, that this Board hereby
sets June 20, 1991 as the date
for a Public Hearing on a
proposal to amend Section 89-80(b)
of the Towns Zoning Ordinance to
reduce off-street parking space
dimensions from 91 by 201 to 8-1/21
by 18, in recognition of the reduction
in car sizes since 1959;
and be it further
RESOLVED, that the Town Clerk be,
and she hereby is authorized to
publish in an official newspaper
of the Town, the Notice of said
Hearing as required by law.
8. Salary Authorization - Summer Interns-C mptroller's Office
and Town Attorneys Office
The Administator briefly explained, after which, on motion by
Councilwoman Price, seconded by Councilman McGarr, it was
unanimously
RESOLVED, that this Board hereby
authorizes salary payment of $7.00
per hour to Lisa Panaro as a summer
intern serving in the Town Comptrollers
office;
and be it further
RESOLVED, that this Board hereby
authorizes salary payment of $8.00
per Dour to Lisa Raffaeili as a
summer intern seating in the Town
Attorneys office.
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May 22, 1991
At this time, the Supervisor announced that there is another item not
on the Agenda which must be taken up.
Authorization - Settlement of Certioraris-1881-1891 Palmer Avenue
-172 Myrtle Boulevard
-631 Boston Post Road
The Administrator gave a brief explanation and noted that the
Assessor recommended settlement of these properties. Thereafter, on
motion by Councilwoman Price, seconded by Councilman McGarr, it was
tman:mealy
RESOLVED, that in accordance with
the terns reomimended by the Town
Assessor, this Board hereby
authorizes settlement of certiorari
proceeding - Manopp Realty, 1881-
1891 Palmer Avenue Block 603
Parcel 358 vs. Town of Mamaroneck
for reduction of assessment years
1988 in the amount of $6,500,
1989 in the amount of $20,000 and
1990 in the amount of $22,300;
and be it further
RESOLVED, that in accordance with
the terms recommended by the Town
Assessor, this Board hereby
authorizes settlement of certiorari
proceeding - 172 Myrtle Boulevard
Block 133 Parcel 652 vs. Town of
Mamaroneck for reduction of
assessment years 1989 in the
amount of $10,000 and 1990 in
the amount of $22,000;
and be it further
RESOLVED, that in accordance with
the terms recommended by the Town
Assessirn this Board hereby
authorizes settlement of certiorari
proceeding - Ulabrand Realty of
631 Boston Post Road, Block 920
Parcel 386 vs. Town of Mamaroneck
for reduction of assessment years
1987 in the amount of $40,000,
1988 in the amount of $50,000,
1989 in the amount of $60,000,
1990 in the amount of $60,000,
1991 in the amount of $60,000.
At this time the regular order of the Agenda was resumed.
9. Resolution - Set Date Special Town Board Meeting-May 29, 1991
The Town Administrator reported that a meeting must be scheduled
for next week to consider several issues including sett' a
i ding �
public hearing with respect to the DGEIS of country club
properties, as well as oonsideration of aoeeptinq the documt.
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May 22, 1991
On motion by Councilwoman Price, seconded by Councilman Ryan, it
was unanimously
RESOLVED, that this Board hereby
sets May 19, 1991 as the date for
a Special Town Board Meeting;
and be it further
RESOLVED, that the Town Clerk be,
and she hereby is authorized to
publish in an official newspaper
the Notice of Meeting as required
by law.
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
The Supervisor reported that she has received cmmunications, both
written and through calls to her office, about planes that have been
flying aver the Town and Villages in great numbers. She reported
further that the FAA and Nita Lowey's office had been contacted and
the end result was that there was a piece of equipment on Rikers
Island, part of a navigation system for LaGuardia Airport which when
NYC expanded its jails on Rikers Island it requested removal of. She
went on to explain that in its new location it failed to function
properly and, as a consequence, the Town area has been getting about
40% of flights going into LaGuardia on runway 22, particularly on
Friday evenings when there is a plane every 90 seconds. She
mentioned also that, through the diligent effort of Nita Lowey's
Office and some residents who have worked with the FAA out of her own
office, they are repairing the faulty equipment and have required the
air traffic controller's to direct each pilot so as to keep them from
flying over the land on this part of the sound shore area. She
concluded that, hopefully there will be a solution after the repairs
are complete and she expects to remain informed on the subject.
At this time, Peter Perciasepe of Myrtle Boulevard spoke about the
concern of hameowners in his neighborhood with respect to property
the Town is selling on Myrtle Boulevard, between Preston Street and
Taylor Lane, which is a very extensive stone ledge reaching from
Preston to Leafy Lane. He emphasized that they are not against the
sale itself, but are petitioning the Board to place a restriction so
that no blasting will take place as this would cause considerable
damage to homes on Edgewood, Myrtle, Leafy Lane and Preston. He
presented the petition containing signatures of property owners
within the area
Supervisor Silverstone responded that the concerns of Mr. Perciasepe
and his neighbors are very well taken and, in fact, when the Town
authorized sale of the properties this concern was discussed. The
Administrator then explained some of the Town's stringent
requirements for a blasting permit and a somewhat lengthy discussion
ensued.
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May 22, 1991
TOWN CLERK REPORTS
The Clerk presented a report of the Fire Department for the month of
= April 1991.
REPORTS OF THE COUNCIL
Councilman Ryan asked if since the Meth Vac helicopter landing at
Hoamocks Field, anything had transpired with regard to implementing
such a program. Councilwoman Price stated that they are working on
this and will probably eventually bring it before the Board. A brief
discussion ensued.
Councilman McGarr informed the Board that at the last meeting of the
Recreation Commission they had discussed the registration of the
summer programs which had been very successful, since they have been
working each year to improve the process. He noted also that work
has begun on the pool.
Councilwoman O'Flinn commented that the Beautification Committee is
doing a mailing this week to residents of the Unincorporated Area,
asking for their support in refurbishing the intersection at Murray
Avenue and weaver street.
Councilwoman Price stated that there has been a fair amount of
activity at the Gardens Lake, with a new drainage system being laid
by the Thruway Department, as part one of the two-part plan, the
other part being the noise barrier, which is scheduled for next
summer. she went on to say that these plans are at the Town Center
and anyone can see them.
AWOURN[ffim
There being no further business to come before the Board, on motion
by Councilman Ryan, seconded by Councilwoman O'Flinn, the meeting was
unanimously declared adjourned into Executive Session to resume
discussion of personnel and real estate, at 10:15 p.m.
Patricia A. DiCioccio
Town Clerk
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