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HomeMy WebLinkAbout1988_05_04 Town Board Regular Minutes 112 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK,, HELD ON THE 4TH DAY OF MAY 1988 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7 :00 p.m. , at which time the Board recessed into Executive Session in Conference Room A. Following discussion on matters of personnel and real estate, on motion duly made and seconded, the Executive Session was adjourned at 8:20 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:30 p.m. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilman Caroline Silverstone Councilman Stephen C. Chapin Councilwoman Elaine Price Councilman Henry Korn Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Edward M. Lieberman, Counsel to the Town P. Thomas Leddy, Highway Superintendent Richard Tortorella, Fire Chief Louis Santoro, 2nd Deputy Fire Chief CALL TO ATTENTION Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. 113 May 4, 1988 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8: 40 p.m. in the Court Room. Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Stephen C. Chapin ill Commissioner Elaine Price Commissioner Henry Korn 1 . Fire Claims Commissioner Chapin presented fire claims for authorization of payment and on his motion, seconded by Commissioner Price, 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. $ 1,182.33 AAA Emergency Supply Co. , Inc. 1,968.30 Raymond A. Baron 497.56 Brewers 57.43 Caruso Film Service, Inc. 24.36 Sam Condro 1,775.00 Curtis 1000 45.92 III ESCO 25. 00 Lawrence Heat & Power Corp. 102.78 William McDermott 143.25 Motorola, Inc. 52.50 NYNEX 9.00 NYNEX 9.00 Town of Mamaroneck Professional Fire Fighters Association 102.18 Westchester Joint Water Works 12,300.00 $18,294. 61 2. Federal Legislation - Driver License Requirement for Firefighters Commissioner Battalia explained that Senator Moynihan has introduced legislation that would exempt firefighters from coverage under the Commercial Motor Vehicle Safety Act. She stated that the Department of Transportation recently proposed implementing that Act by requiring firefighters who drive trucks weighing more than 13 tons to obtain costly classified licenses of $400 and this Act was never intended to cover firefighters who already receive driver training specific to their needs. Commissioner Chapin remarked that although he felt inclined to endorse this proposal because of the cost involved, it may benefit the Town, when in the process of hiring, to require the person interviewed to have a class 3 license to begin with so the town need not incur the costs of teaching and studying. 2 May 4, 1988 114 Thereafter, Commissioner Battalia made a motion to adopt a resolution supporting Senator Moynihan' s bill and have the Town Clerk send it off. The motion was seconded by Commissioner Chapin and the following resolution was unanimously adopted: WHEREAS, under the Commercial Vehicle Safety Act of 1986, the Department of Transportation has recently proposed implementing that Act by requiring fire fighters who drive trucks weighing more than 13 tons to obtain costly classified licenses; and WHEREAS, this would compel fire fighters, who already receive driver training specific to their needs, to complete duplicative training to obtain this $400 license; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Mamaroneck, New York hereby supports and urges the passage of Senate Bill No. 2236, a bill to amend the Commercial Motor Vehicle Safety Act of 1986 to provide that the requirements for the operation of commercial motor vehicles will not apply to the operation of firefighting vehicles since it was never intended to cover firefighters but to promote safety and prevent accidents by trucks and buses. At this time, an attorney for the Volunteer Fire Department, Mr. Peter Zambino, asked to be recognized. He explained that on the previous Monday when Commissioner Battalia appeared on behalf of the Board, she expressed concern about litigation due to a letter received from an attorney named Joseph Messina. Counsel Zambino explained that tonight is Mr. Messina' s birthday and since his family planned a party for him, he was unable to be present to respond to his letter and asked that this item be tabled until the next meeting. Counsel Zambino stated that sometime in early March, they had met with the Council and a number of members of the Board and at that time expressed concern for a need to have some guidance from the Town Attorney, or someone, specifically about the grievance procedures. He stated further that tonight they are renewing this request for some procedure in writing to help guide them with these procedures. Counsel Zambino emphasized the volunteers' desires to attend a meeting to discuss continuing problems and the fact that they are aware of their need for the Town Board behind them and in support of them. He stressed, on behalf of the Department, the need for assistance since presently the book of rules is perceived to be in suspense until changes are implemented and approved by the Board of Fire Commissioners. 3 May 4, 1988 Commissioner Battalia responded that there is a meeting scheduled with Labor Counsel and the Chiefs to discuss an appropriate procedure to be followed. She mentioned that it is very difficult to put a procedure other than the appropriate procedures of the Civil Service Law, which are in writing, into writing that would apply in every situation and, she noted, this is why arrangement was made for a one-on-one meeting with Labor Counsel to represent the Town in those situations, with representatives from the Fire Council and Fire Chiefs present. The Administrator noted that this meeting was set for May 19th. Commissioner Battalia commented that with respect to the work rules, the Administrator had provided her with two letters, one of March 18th and one of April 18th, which described to the Chief what the Labor Counsel stated must be done with the work rules. Counsel Zambino noted that the only point left with this book of rules has to do with the grievance procedure. The Administrator clarified for counsel that the grievance procedure is within the contract for a paid fire fighter to bring a grievance against the Town and Fire Department whereas the procedure which will be discussed refers to the discipline procedure whereby the Fire Council may want to discipline a staff member. The Administrator added that there is no need to wait until May 19th to get the rules moving, they may be revised and the only requirement the Town is under is that they be received by the paid fire staff fourteen days prior to adoption by the Board of Fire Commissioners. Counsel Zambino stated that they are very anxious to handle this discipline procedure in the proper way, with rules to be clear and unequivocal, and without inference or inuendo. Much more discussion followed as to understanding and misunderstanding of certain facts. ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Chapin, seconded by Commissioner Korn, it was unanimously declared that this meeting be adjourned 9: 20 p.m. PUBLIC HEARING - One Way-Preston Street On motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavit of Publication and Posting of the Notice of Hearing. The Administrator explained that for many years traffic on Preston Street has been restricted to travel in the northbound direction in an effort to control travel in front of Police Headquarters 4 May 4, 1988 116 when it was located on Edgewood Avenue. He added that, after research and discussion by the Traffic Committee and Police Department, it was recommended that since it is no longer necessary, the One-Way ordinance be repealed. The Supervisor then asked if anyone cared to address the Board in favor, to which a resident, Paula Rust of Myrtle Boulevard replied that she had wondered why it was one-way to begin with and was in favor of the change. Another resident, Gordon Albert, mentioned that he thought it would be wise to place a Full Stop sign on the corner of Preston if it is made two-way. Councilwoman Silverstone agreed that a Stop sign and double yellow lines would be necessary. The Supervisor asked the Administrator to go back to the Traffic Committee about the Stop sign and then asked if anyone cared to address the Board in opposition. There being no opposition, Supervisor Battalia asked for a motion to close the Public Hearing. On motion by Councilman Chapin, seconded by Councilwoman Silverstone, the Public Hearing was unanimously declared closed. Thereafter, the Supervisor asked for a motion with respect the the proposal, and on motion by Councilman Chapin, seconded by Councilman Korn, it was unanimously RESOLVED, this Town Board, by virtue of the authority granted to it, hereby repeals the One-Way traffic ordinance on Preston Street, located between Myrtle Boulevard III and Edgewood Avenue in the Town of Mamaroneck. AFFAIRS OF THE TOWN 1. Appointments - Human Rights Commission - Recreation Commission Supervisor Battalia commented that there was a vacancy on the Human Rights Commission and she recommended Mr. Lee Bloom to fill the vacancy since he had been liaison to it for so many years while he was a Councilman. On motion by Councilman Chapin, seconded by Councilman Korn, it was unanimously RESOLVED, that Mr. Lee Bloom of Myrtle Boulevard, is hereby appointed to the Human Rights Commission to fill the unexpired term caused by the death of Mr. Peter Fousek, such term ending in May 1990. Supervisor Battalia mentioned that a vacancy on the Recreation Commission was filled by Mr. James Drucker and the term of Mr. Keelan, who he replaced, would be expiring on the 20th of May, making it necessary to reappoint him to a new five-year term. On motion by Supervisor Battalia, seconded by Councilwoman Price, it was unanimously 5 May 4, 1988 117 RESOLVED, that Mr. James Drucker of 4 Falls Road, Town, is hereby reappointed to the Recreation Commission for a five-year term to expire in May 1993. 2. Traffic Committee Recommendations - Set Date for Public Hearing a. One Way Ordinance-Alden Road b. Left Turn Lane-Hommocks Road at Intersection of Boston Post Road. The Administrator detailed the reasons for the public hearings and after discussion by the Board, on motion by Councilman Korn, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby sets May 18, 1988 as the date for a Public Hearing to consider a one-way ordinance on Alden Road; and be it further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the III Notice of said Hearing as required by law. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby sets May 18, 1988 as the date for a Public Hearing to consider a left turn lane on Hommocks Road at the intersection of Boston Post Road; 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. 3. Bond Resolution - Capital Equipment-Highway Department The Administrator detailed the purpose for the resolution to borrow funds in the amount of $110,000 was to purchase one dump truck, two pick-up trucks and one sand spreader for use by the Highway Department. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, the following resolution was adopted, to-wit: 6 May 4, 1988 118 BOND RESOLUTION DATED MAY 4, 1988 . A RESOLUTION AUTHORIZING THE ISSUANCE OF $110 ,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF EQUIPMENT FOR THE USE OF THE HIGHWAY DEPARTMENT OF SAID TOWN. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase of equipment for the use of the Highway Department of and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $110,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $110, 000, and that the plan for the financing thereof shall consist of the issuance of the $110,000 serial bonds of said Town authorized to be isued pursuant to this bond resolution. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Town Board. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. 7 May 4, 1988 119 Section 7. This resolution, which takes effect immediately, shall be published in full in The Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81. 00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vot on roll call which resulted as follows: Supervisor Dolores A. Battalia VOTING Aye Councilwoman Caroline Silverstone VOTING Aye Councilman Stephen Chapin VOTING Aye Councilwoman Elaine Price VOTING Aye Councilman Henry Korn VOTING Aye 4. Adoption of Resolution - Borrowing of Funds Sanitary Sewer Project Pursuant to explanation by the Town Administrator, on motion by Councilman Korn, seconded by Councilwoman Price, the following resolution was unanimously adopted: BOND RESOLUTION DATED MAY 4, 1988. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,600 ,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SEWER DISTRICT NO. 1 OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated May 1988 , the Town Board of the Town of Mamaroneck, Westchester County, New York, has determined it to be in the public interest to increase and improve the facilities of Sewer District No. 1 at a maximum estimated cost of $1,600 ,000; and WHEREAS, it is now desired to provide funding for such project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of Sewer District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase and installation of a gravity sewer in Baldwin Avenue, at a maximum estimated cost of $100 ,000, and the construction of a sanitary sewer pump station on Baldwin Avenue and the purchase and installtion of a force main, at a macimum estimated cost of $1,500,000 , for an aggregate maximum estimated cost of $1,600 ,000, there are hereby authorized to be issued $1,600,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. 8 May 4, 1988 120 Section 2. It is hereby determined that the maximum estimated cost of such specific objects or purposes is $1,600,00 and that the plan for the financing thereof shall consist of the issuance of the $1,600,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Further details pertaining to said bonds will be prescribed in a further resolution or resolutions of this Town Board; and Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution which takes effective immediately shall be published in full in The Daily Times, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 5. Ratification of Agreement Town of Mamaroneck - CSEA The Administrator explained and on motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously RESOLVED, that the Town Board hereby ratifies the STIPULATION OF AGREEMENT made and entered into on the 12th day of April 1988 by and between the negotiating committee for Local 860, CSEA and the Town. 9 May 4, 1988 12 I 6 . Discussion - Feasibility Study for Joint Use of the Maxwell Avenue Yard-Village of Larchmont Public Works Department The Supervisor recounted that she had previously advised the Board that it may be an asset to consider studying the II above-mentioned program and that now it is time to proceed. She noted that the first step would be to authorize the Administrator to meet with the Superintendent of Public Works for the Village of Larchmont, who is a civil engineer, to discuss just how to proceed. Councilman Chapin mentioned that a study had been carried out previously and the Board agreed that the Administrator should begin by meeting with the Superintendent of Public Works for the Village of Larchmont. 7. Authorization of Funds - Davids Island Project The Supervisor reported that the supplement of DEIF has been published for the proposed Davids Island Development and though it offers little comfort, addresses few of the concerns that were raised, it does give some specifics about the size of the units, their height and how many towers there will be, etc. She noted that there has been a concerted effort to make Long Island Sound healthy again and the Mayor of Larchmont held a meeting with all government in surrounding areas to unite forces and to retain a consultant, IIIDan Schuster, to review the document and prepare comments on May 13th and 14th. She concluded that this would cost no It more than $10,000 total and would be split among four or five communities but she would like to commit the Town to a maximum of $5,000 if necessary. On motion by Councilman Korn, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the use of a maximum total of $5,000 for consultation fees on the Davids Island Project. 8. Salary Authorizations - Highway Department - Police Department - Recreation Highway Department On recommendation by the Administrator and on motion by Councilman Korn, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby appoints Anton Pacewicz of the Highway Department to the part- time position as Meter Collector at the hourly rate of $8.00. retroactive to April 11, 1988 . 10 • May 4, 1988 12'9 Police Department The Administrator announced that the four proposed for appointment as Patolmen scored in the 90 ' s on Westchester County Police Eligibility list and are excellent candidates. On motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby appoints Russell Bastone as a Police Patrolman on a probationary basis, at an annual salary of $23,000, effective April 26, 1988; and be it further RESOLVED, that this Board hereby appoints Alexander Gizzo as a Police Patrolman on a probationary basis, at an annual salary of $23,000, effective April 27, 1988; and be it further RESOLVED, that this Board hereby appoints Anthony Saline as a Police Patrolman on a probationary basis, at an annual salary of $23,000, effective April 28, 1988; and be it further RESOLVED, that this Board hereby appoints John R. Redman as a Police Patrolman on a probationary basis, at an annual salary of $23,000, effective May 2, 1988. Recreation Department Pursuant to a memo from Superintendent of Recreation, William Zimmermann and on motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that as provided for in the 1988 Town Budget, authorization is hereby granted for payment of salaries to the following: Melvin Siegel, Instructor, Adult Spring Mini Tennis Instruction, $25/hour, effective 5/3/88; Susan Ladin, Office Aide, Recreation Office, $6.25/ hour, effective 5/23/88; Craig Kaufman, Alternate Lifeguard, Hommocks Pool, $3.50/hour, effective 5/4/88. PROCLAMATION The Supervisor proclaimed May as Mental Health Month and presented the following proclamation to that effect: 11 May 4, 1988 123 D . _. ________ _ _______ __ ___ __ PROCCAMAEION --- -- WHEREAS, the neeas of the mentally ill are with us the entire Bear, Mental Health Mnnth can offer us a greater opportunity III to reflect on the needs anfi solutions; an WHEREAS, Prevention is the primary objective of all involved with mental health therefore let us concern ourselves with Prevention of mental illness in our chilaren by prnviaing proper hnusing, nutrition an eaucatinn in aabitinn to pratecting them from _abuse from those who would cause mental or physical abuse; aha' WHERE , Ehe ahuseh ehi10411';heil'a.me'the:'0using emit let us prnvibe .- the means bB WhichSt4fici,ent support and on gning help ,1 ,.: ,,e ,s-'4-1,---• -..,-t,,, , can be nrfere,a-lxi .hoth chilarin arta emits; ana WHEREAS, Far the homileSs mentallB.1.11; . continuea -effort must be mate to increase 'the resources for their musical ana occupational neeas; am), , WHEREAS, Mental Health Manth can provibe each of us in Westchester . - . with the oppprtunitg to examine our-:attitube tnwaras the mentally ill ana reflect on what we can an to help. N@ tHEREFORE BE IE RE ED , that I, Dolores A. Battalia, supervisor of the Eown of Mamaroneck, hereby beclare Mal, 1988 MENSAL BEAM MONO IN MENUS WHEREOF, I have hereunto set mg hand and causea the seal of the town of Mamaroneck to he affixed this 4th aat of MaB, 1988. / .i/ `I'r_ kV\• ! , . i ‘k(LaZI-Le- (11 ' ClillT,j"---/ Dolores A. Battalia .--4„„ • ,s*Rirs teSt , Zan supervisor ; , ,.--.,.#41,= •-: I , . 12 May 4, 1988 1.24 WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral communications to come before the Board at this time. II The Supervisor Reports The Supervisor reported that when she met with the Site Selection Committee on Monday night they had a request that the name be changed from Site Selection Committee to Site Review Advisory Committee which is more to the point and clarifies their purpose. REPORTS OF THE COUNCIL Some discussion ensued concerning jurisdiction of fire and water within the Town Center area. IIADJOURNMENT There being no further business to come before the Town Board, on motion by Councilwoman Silverstone, seconded by Councilman Korn, the meeting was unanimously declared adjourned at 10:00 p.m. and the Board convened into Executive Session. Town Clerk Patricia A. DiCioccio 13