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HomeMy WebLinkAbout1988_07_20 Town Board Regular Minutes 164 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 20TH DAY OF JULY 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 7:45 p.m. in the Court Room, at which time the Board recessed into Executive Session. The Executive Session was held in Conference Room A to discuss matters of personnel after which, on motion duly made and seconded, it was unanimously declared adjourned at 8 :15 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:20 p.m. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilwoman 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, Town Counsel Richard Tortorella, Fire Chief William McDermott, 1st Deputy Fire Chief CALL TO ATTENTION Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. 165 July 20, 1988 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 Stephen C. Chapin Commissioner Elaine Price Commissioner Henry Korn 1. Fire Claims Commissioner Price presented fire claims for authorization of payment and on her motion, seconded by Councilman Chapin, 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: All Power Equipment Co. $ 37.50 All Power Equipment Co. 7.95 Brewers 82.40 Clinton-Kearney Door Co. 35.00 I. & T. Plumbing & Heating Co. , Inc. 80.00 Lawrence Heat & Power Corp. 153.18 Technical Electronics 65.00 Town of Mamaroneck Professional Fire Fighters Association 102.18 Tri-City Auto Parts 65.72 $628.93 2. Adoption of Rules and Regulations - Paid Staff The Supervisor asked Chief Tortorella and members of the Board if there were any questions or comments, to which there were none, and on motion by Councilwoman Silverstone, seconded by Councilman Korn, it was unanimously RESOLVED, that this Board hereby adopts the RULES AND REGULATIONS FOR THE PAID PERSONNEL OF THE TOWN OF MAMARONECK FIRE DEPARTMENT as presented and approved by the Fire Council as of July 20, 1988 . -2- iRQ July 20, 1988 3. Other Business Supervisor Battalia mentioned to the Fire Chief the fact that the Board has been pleased about receiving fire reports and suggested making this a practice at the regular Commission meeting, to which the Chief agreed. ADJOURNMENT There being no further business to come before this Commission, on motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously declared that this meeting be adjourned at 8 :40 p.m. ADJOURNED PUBLIC HEARING - Mechanical Amusement Devices The Supervisor stated that this hearing was a reconvening of the adjourned Public Hearing of June 29th and asked for a motion to open. On motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and hereby is declared open. The Town clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. At this time Supervisor Battalia asked if anyone wished to address the Board. Mr. Roger Sirlin requested that his letter to the Supervisor dated July 5th, 1988 , be made a part of the public record. He went on to say that he had met yesterday with Mr. Lieberman, Town Counsel, to deal with his client, Mr. Ronald Geitler, one of the two owners of Cook' s Restaurant. He added that it was his understanding, after speaking with Mr. Lieberman, that there were some typographical errors within the proposed document that had been released to him, and assuming they had been corrected, he wished to go into his letter directly.- He remarked that he was fully concerned about the pragmatic problem of how the license is being posted and cited concerns about Section 47-8 (a) through (e) . Mr. Lieberman clarified some of these concerns and some discussion followed with Mr. Melvin Geitler fielding questions for the Board about the amount of machines, hours of use and by whom. The Supervisor asked if anyone else cared to comment and Mr. Ronald Geitler stated that he and his brother purchased Cooks in 1980 and that they try to run an establishment to be proud of. He emphasized that his children work in Cooks as birthday party -3- July 20, 1988 167 waitresses, that security is always provided, the place is kept as clean and wholesome as possible in an environment to be proud of, they provide free children' s shows to the Town of Mamaroneck, sponsor and belong to the Chambers of Commerce of both Larchmont and Mamaroneck, and support Little League and soccer teams. He concluded that they are very community-minded citizens as well as residents and he would never have his wife and children work where it is unsafe in any way and, he noted, he feels as if the Town views them as doing something very wrong and bad. The Supervisor informed Mr. Geitler that Cooks is not being singled out for any unique scrutiny or implied criticisms, but the fact is that it has the largest number of machines in Town. She explained that machines are beginning to appear throughout the Town and it has been suggested that they draft amendments to a law which has been on the books since 1981 and have it updated to deal with 1988 . She advised that the community generally has strong feelings about these types of games and the activity that would flow from congregation, just by virtue of the fact that they are machines and, she clarified, this is what is being addressed in view of the fact that the community has cited a need for legislation. She stated that the Town would be happy to work with those representing Cooks since it is in the best interests of the Town to have legislation that would not be the subject of major litigation. However, Supervisor Battalia concluded, the Board must rely on Counsel's recommendations, the best interests of the community and their consciences, to draft what is appropriate. She then recommended that the Board adjourn the Hearing until August to allow the opportunity for further comments and asked if anyone else cared to address the Board. A resident suggested working with the management of Cooks to aid some group the kids are interested in, such as SADD, Students Against Drunk Driving, maybe in sponsoring some sort of tournament or something to give a healthier approach to all of this. Mr. Geitler advised that they see no problem in working this sort of program with any group in the community and mentioned that they are already involved with some community groups. At this time, on motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously resolved to adjourn the Public Hearing to the next meeting of September 7, 1988 . AFFAIRS OF THE TOWN 1. Appointments -. Planning Board - Human Rights Commission The Supervisor stated that the appointment to the Planning Board would be held over to the next meeting. Councilwoman Silverstone commented that through a long-term oversight the Board had failed to reappoint Judi Martin and, upon her motion, seconded by Councilman Korn, it was unanimously -4- July 20, 1988 (68 RESOLVED, that this Board hereby reappoints Judi Martin as a member of the Human Rights Commission to serve out the balance of her term to May 1989. 2. Authorization - Leaf Composting Agreement The Town Administrator updated and explained the problems which will be occuring this fall with leaf composting and then fielded some question from the Board. On motion by Councilman Korn, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to enter into an agreement with Lopane Nurseries & Sons, Inc. of Weaver Street, Scarsdale, for the hauling of processed leaf material at a cost of $6,900 to be paid upon completion; and be it further RESOLVED, that authorization is hereby granted to transfer funds necessary for this agreement. 3. Report of Bids - Street Resurfacing - Refurbishment of Zamboni Ice Machine On motion by Councilman Korn, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby awards Contract TA-88-11 to ELQ Industries of Mamaroneck, New York as the lowest responsible bidder for asphaltic concrete in the amount of: wedge $49. 95/ton; 1-1/2" at $4.20/ square yard; 2" at $5.55/square yard; and be it further RESOLVED, that this Board hereby authorizes the Town Administrator to enter into contract with ELQ Industries for the resurfacing of various roads within the Town. -5- i i July 20, 1988 169 On motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously II RESOLVED, that this Board hereby awards Contract TA-88-13 to J and C Zamboni Service of Gladstone, New Jersey as the only responsible bidder, in the amount of $16 ,000 and be it further RESOLVED, that this Board hereby authorizes the Town Administrator to enter into contract with J and C Zamboni Service to rebuild the Town zamboni pursuant to Town specifications. 4. Authorization - Construction Manager-Hommocks Ice Rink The Town Administrator gave a brief explanation on the costs of rehabilitation of the Ice Rink at $58 ,000 to complete the project plus certain reimbursable expenses, and explained further that if it is found after the feasibility study that the project cannot be completed, the fee would be $10,000. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to retain the firm of York/Hunter Construction Management/Consulting to act as construction manager for a feasibility study of the Hommocks Ice Rink in the amount of $10 ,000. 5. Authorization - Establishing Capital Project 88-6 Pursuant to a memo from the Town Administrator and upon his explanation, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the establishment of II Capital Project 88-6 for the Hommocks Ice Rink Rehabilitation with $35,000 drawn from the Town' s unexpended balance of the General Fund and the remainder borrowed on a bond anticipation note. -6- July 20, 1988 170 6. Set Public Hearing - Sign Ordinance Following some discussion on the above-mentioned topic and the importance of the Building Inspector's presence at the Public Hearing, on motion by Councilman Korn, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby sets September 7, 1988 as the date for a Public Hearing on a proposed sign ordinance; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish in The Daily Times, the notice of said hearing as required by law. 7. Salary Authorization - Recreation - Engineering Department - Town Clerk's Office The Administrator clarified questions raised at the previous meeting concerning summer volleyball instruction by advising the Board that the $30 .00 amount was for a period of three hours and therefore the hourly rate was $10.00. On motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes payment of $30.00 per session to Susan Elson for summer volleyball instruction Pursuant to a memo from Superintendent of Recreation, William Zimmermann and on motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that as provided for in the 1988 Town Budget, authorization is hereby granted for payment of salaries to the following: -7- 171 July 20, 1988 ---- REPLACEMENTS Doreen Chiapparelli , Unit Leader, Central Playground, $175.00 per week, 6 weeks , replacing Nora Hanson. IIIBrian Dillon, Counselor, Central Playground, $130.00 per week, 6 weeks , replacing Jennifer McCue. Sara Kleban, Counselor, Murray Pre School , $55.00 per week, 6 weeks, replacing Allison Hart. Michelle Williams , Counselor, Murray Pre School , $55.00 per week, 6 weeks , replacing David Hafetz. Aimee Leddy, Counselor, Murray Pre School , $55.00 per week, 6 weeks , replacing , Caitlin Ryan. Caroline Mulcahy, Larchmont Avenue Pre School , Counselor, $55.00 per weeks , ' replacing Jim McCue. Rebecca Kleban, Tennis Attendant, $5.00 per hour, effective retroactive to 7/8/88, replacing Tom Kirchoff, NEW EMPLOYEES Karen Koerner, Counselor, Central Playground, $128.00 per week, 6 weeks. Deidre McCarthy, Counselor, Central Playground, $128.00 per week, 6 weeks. Cherie Roberts , Counselor, Central Playground, $128.00 per week, 6 weeks. , Brian Bergin, Counselor, Central Playground, $130.00 per week, 6 weeks. Margaret O'Neill , Recreation Leader, Teen Center, $9.00 per hour, effective 7/8/88. Keith Fairey, Recreation Assistant, Teen Center, $6.00 per hour, effective 7/8/88. Steve Carbone, Recreation Assistant, Teen Center, $5.00 per hour, effective 7/8/88. Denise Gacio, Recreation Assistant, Teen Center, $7.00 per hour, effective 7/8/88. David Paterno, Maintenance, $5.00 per hour, effective 7/11/88. IIIHarry Peterson, Recreation Leader, Summer Physical Fitness , $62.50 per week, 6 weeks. Marie Francella, Lifeguard, Hommocks Pool , $4.00 per hour, effective retroactive to 6/25/88. Noreen Hart, Lifeguard, Hommocks Pool , $4.00 per hour, effective retroactive to 6/25/88. Steven Finkelstein, Tennis Attendant, $5.00/hour, effective retroactive to 7/13/88. John Schroder, Maintenance, Hommocks Pool , $4.50/hour, effective retroactive to 7/13/88. Susie Ladin, Lifeguard, Hommocks Pool , $5.00/ hour, effective 7/16/88. • J Following a brief description of both the job and candidate, on motion by Councilman Chapin, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby appoints Shimon Gitlitz to the provisional position of Junior Civil Engineer, at an annual salary of $27 ,130 ,00, effective August 29, 1988. -8- 172 July 20, 1988 Following explanation by the Town Administrator, on motion by Councilman Korn, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes payment of salary to Valerie DeLieto as Junior Clerk summer, at $5. 00/hourly, effective 7/5/88; and be it further RESOLVED, that this Board hereby authorizes payment of salary to Matthew Ray, Highway Laborer, summer, at $4.50/hourly, effective 7/5/88 . Upon request of the Town Administrator, on motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes the salary of $8.75 per hour be increased to $9.00 per hour for typing of Minutes in the office of the Town Clerk. WRITTEN COMMUNCIATIONS There were no written communications to come before the Board at this time. ORAL COMMUNICATIONS A resident, Mr. Hood, asked about costs of security on the Weaver Street Bridge crossing and wished to know if the Town was on budget with the projected amount and what effort was implemented for support money outside the Town. The Supervisor replied that there was no support given by the State but because the DOT finally implemented the traffic control recommendations of Chief Keresey and Commissioner Dallas, the traffic impact was less severe and the traffic flow better than anticipated. He then asked about the truck the Fire Department is interested in and was informed by the Supervisor that this item will again be on the agenda, that the Fire Department will place this item in its 1989 budget, and at that point the Town will seek funding from the State. - -9- 173 July 20, 1988 TOWN CLERK REPORTS The Town Clerk presented the Monthly Report of the Town Clerk' s office for the month of June 1988 as well as the Building and Plumbing Report for June 1988. REPORTS OF THE COUNCIL Councilwoman Price recommended that a formal request be made of the Planning Board to study Phase I and Phase II of the Master Plan update in relation to philosophy, policies and procedures, for the purpose of making recommendations as to zoning amendments necessary to effectuate these policies and procedures. Councilman Korn made a motion on this formal request which was seconded by Councilwoman Silverstone and unanimously declared. ADJOURNMENT There being no further business to come before the Board, on motion by Councilman Chapin, seconded by Councilman Korn, the meeting was unanimously declared adjourned at 10:00 p.m. at which time the Board reconvened into Executive Session to discuss real property and litigation. Town Clerk Patricia A. DiCioccio -10-