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HomeMy WebLinkAbout1988_10_19 Town Board Minutes 241 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 19TH DAY OF OCTOBER 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. The Executive Session was held in Conference Room A to discuss contract negotiations, certioraris, personnel, and real estate, after which time, on motion duly made and seconded, it was unanimously declared adjourned at 8:30 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:35 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 John McGarr 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 locations of exits as required by law for public gatherings. 242 October 19, 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 CarolineSilverstone Commissioner Stephen C. Chapin Commissioner Elaine Price Commissioner John McGarr 1 . Fire Claims Commissioner McGarr presented fire claims for authorization of payment and on his motion, seconded by Councilwoman Silverstone, 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. $ 609.36 All Power Equipment Co. 75.00 Brewers Hardware 50.35 Consolidated Uniform Service 23 .13 Excelsior Garage & Machine Works, Inc. 2,494. 61 I.B.M. 2,421.00 Larchmont Auto Parts Dist. , Inc. 114.55 Librett Hardware 402 .39 New Rochelle Restaurant Supply, Inc. 75. 85 New Rochelle Water Company 140 .23 Portronix 247 .90 Town of Mamaroneck Professional Fire Fighters Association 102.18 Tri-City Auto Parts 16 .49 Tri-City Auto Parts 6.95 Leonard Newman Agency, L.P. 436.00 $7, 215.99 There being no further business to come before this Commission, on motion by Commissioner Silverstone, seconded by Commissioner Price, the meeting was unanimously declared adjourned at 8 :50 p.m. APPROVAL OF MINUTES - Deferred PUBLIC HEARINGS - Mechanical Amusement Device Law-to be adjourned to November 2, 1988 Garage Sale Ordinance On motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously declared that the hearing on the 2 243. October 19, 1988 Mechanical Amusement Device Law be adjourned to the meeting of November 2, 1988 as stated on the Agenda. The Supervisor requested a motion to open the Public Hearing on the proposed new Garage Sale ordinance, after which, on motion by Councilwoman Price, seconded by Councilman Chapin, 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. Town Counsel, Edward Lieberman, explained changes made in the law. A great deal of discussion followed regarding the removal of signs after the sale has ended and the amount of penalty should they fail to be removed. Following debate and suggestions among both the Board and residents present at the Hearing, the Supervisor asked for a motion to close the Hearing. On motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously declared that the Public Hearing be closed. Councilman McGarr then made a motion to amend this ordinance by removing the penalty fee of $100. 00. This motion was seconded by Councilman Chapin, with nay votes from Councilwoman Silverstone, Supervisor Battalia and Councilwoman Price. Thereafter, on motion by Councilman Chapin, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby sets November 2, 1988 as the date for a Public Hearing on amendments to the Garage Sale 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. AFFAIRS OF THE TOWN 1. Appointments - Conservation Advisory Commission - Town Prosecutor - Recreation Commission - Coastal Zone Management Commission Councilwoman Silverstone proposed Michael Scheffler to fill the unexpired term of Robert Funicello on the Conservation Advisory Commission, mentioning his interests in environment and ecology and his internship with the Natural Resources Defense Council. Thereafter, on her motion seconded by Councilwoman Price, it was unanimously 3 244 October 19, 1988 RESOLVED, that this Board hereby appoints Michael A. Scheffler of East Brookside Drive to the Conservation Advisory Commission, to fill the unexpired term of Robert Funicello. Councilwoman Silverstone briefly reviewed the experience and qualifications of Michael S . Weiss, and on her recommendation and motion, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby appoints Michael S . Weiss of Bleeker Avenue, Village of Mamaroneck, as a Town Prosecutor for the Town of Mamaroneck. Councilwoman Silverstone then mentioned that she had received a recommendation from Village of Mamaroneck Trustee, Toni Ryan, for the proposed appointee to fill the unexpired term of Philip Kuritzky on the Recreation Committee. She then briefly outlined the references of Patricia Castellani and on her motion, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby appoints Patricia Castellani of Raleigh Road, Mamaroneck Village, to the Town of Mamaroneck Recreation Commission to fill the unexpired term of Philip Kuritzky. Councilwoman Price briefly reviewed the qualifications and experience of the appointee and commented that both the Supervisor and she persuaded, and highly recommend, Norma Jacobsen to the CZMC. On motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby appoints Norma Jacobsen of Washington Square to the Coastal Zone Management Commission for a term ending September 1991. 2. Submission of 1989 Tentative Budget The Administrator reported that the tentative budget for fiscal 1989 reflecting requirements of the Town's operating departments to maintain current levels of service was delivered to the Office of the Town Clerk as required by law and will be followed by the preliminary budget in November and a Public Hearing will be held on December 7th, pursuant 4 October 19, 1988 245 to law, with the budget being adopted no later than December 20th, 1988 . He then proceeded to briefly summarize the tentative budget, after which on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Town Board does hereby acknowledge the presentation of the Tentative Budget and approves it as the Preliminary Budget of this Town for the fiscal year beginning on the first day January 1989 , the itemized statement of estimated revenues and expenditures hereto attached and made a part of this resolution; and be it further RESOLVED, that such Preliminary Budget shall be filed in the Office of the Town Clerk where it shall be available for inspection by any interested persons, at all reasonable hours. Net 1988 1989 Change Total Appropriations 10 ,899 ,825 11,920 ,870 1 ,021 ,045 Net Tax Levy* 7,694,525 8,237,925 543 ,400 Required Tax Rates General Town 5.40 4.95 .55 Part Town 98.45 103. 85 5.45 *Net tax levy is that amount to be collected through property taxes after application of other revenues and reserve funds. 3. Certioraris Following explanations of each certiorari agreement, on motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - Mamaroneck Gardens, Inc. , Palmer Avenue/ Richbell Road, Village of Mamaroneck vs. Town of Mamaroneck - 5 246 October 19, 1988 for assessment years 1984 through 1987 on Block: 408 Lot: 290; and be it further RESOLVED, that in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - Mamaroneck Gardens, Inc. , Palmer Avenue/ Richbell Road, Village of Mamaroneck vs. Town of Mamaroneck - for assessment years 1984 through 1987 on Block: 918 Lot: 1; and be it further RESOLVED, that in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - 21 North Chatsworth Owners Corporation vs. Town of Mamaroneck - for assessment years 1986 and 1987. 4. Item No. 4 under AFFAIRS OF THE TOWN was not taken up at this time. 5. Bus Shelter - Palmer Avenue and Weaver Street The Administrator informed the Board that the Lions Club has submitted a more detailed sketch of the proposed bus shelter at the corner of Palmer Avenue and Weaver Street, using wooden sides with a rustic red stain, an asphalt tile roof and stone knee walls around the perimeter with room for plantings within them. Following some discussion, on motion by Councilman Chapin, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby accepts the generous donation of the Lions Club in the amount of $2,800.00 to be used toward the construction of a bus shelter on the corner of Palmer Avenue and Weaver Street; and be it further RESOLVED, that this Board hereby authorizes the transfer of funds within the General Town Budget necessary for completion of the bus shelter. 6 October 19 , 1988 247 6. Salary Authorization - Recreation - School Crossing Guard Pursuant to a memo from Superintendent of Recreation, William Zimmermann and on motion by Councilman Chapin, 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: Richard Rella, Sr. Recreation Leader, Open House, $40.00/session, effective 10/14/88. Dean Reben, Sr. Recreation Leader, Open House, $40.00/session, effective 10/14/88. James Grieco, Recreation Leader, Open House, $30.00/session, effective 10/14/88. Nancy Russo, Recreation Assistant Open House, $12.00/session, effective 10/14/88. Cathy Cilento, Sr. Recreation Leader, Women's Fitness, $55.00/session, effective 10/20/88.,, Cindy Owen, Recreation Leader, Women's Fitness, $45.00/session, effective 10/20/88. Suzanne Elson, Sr. Recreation Leader, Teen Center Volleyball ,Program, $35.00/session, effective 11/30/88. William Reilly, Sr. Recreation Leader, Men's Physical Fitness, $55.00/session, effective 10/17/88. Christine Murtaugh, Winter Swim Coach, $4040.00/season, effective retroactive to 10/3/88. Christine Murtaugh, Swim Instructor, $25.00/hour, effective 10/16/88. Pam Rosenberg, Swim Instructor, $20.00/hour, effective 10/16/88. Peggy Sollazzo, Recreation Leader, Teen Center, $9.00/hour, effective 10/17/88. Eleanor Smith, Recreation Leader, Teen Center, $9.00/hour, effective 10/17/88. Julie Gacio, Recreation Leader, Teen Center, $9.00/hour, effective 10/17/88. All Lifeguards, Early Morning Swim, $10.00/hour, effective 10/17/88. All Directors, Early Morning Swim, $20.00/hour, effective 10/17/88. Jack Schroder,-Alternate--Key Attendant, Hommocks Pool, $3.50/hour, effective 10/19/88. Greg Grusby, Alternate Lifeguard, Hommocks Pool, $4.00/hour, effective 10/19/99 The Administrator also explained the need for a school crossing guard to fill the vacancy that had occurred due to the death of Dominic Forti, and on motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby appoints Brendan White of the Village of Mamaroneck, as a School Crossing Guard, at a per diem salary of $33 .00. 7 248 October 19, 1988 7. Discussion - Traffic Committee' s Recommendations-Mountain Avenue and Rockingstone Avenue The Administrator updated the findings of the Traffic Committee, which after further investigation made a decision that a traffic light should be installed to control traffic at the above-mentioned intersection. He noted that the cost would be approximately $20,000 to $25,000 and previously it had been the Board's feeling that before such an investment was made, a traffic consultant be retained to re-study the intersection. He stated that he had been in touch with Alan Davis Associates on the matter and will be submitting pertinent data so that he may conduct a brief study and make further recommendations. Further discussion ensued with Mr. Altieri responding to various questions from the Board, and with general consensus being that this matter keep moving forward as quickly as possible. 8 . Set Date for Public Hearing - Rezoning Rock Ridge Road Following a brief discussion, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby sets November 16, 1988 as the date for a Public Hearing on a proposal for the rezoning of Rock Ridge Road; 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. 9 . Request of United Way-This item was removed from the Agenda. 10. Resolution - Jay Property Councilwoman Silverstone gave a brief review on the developments of the Jay Property, noting that the City of Rye had moved forward with the application of the developer. She went on to say that this has caused considerable concern to many people, including this Town Board, since these people have expressed the view that this property should be made a part of the Conservancy since it lies contiguous to it the marshland. 8 October 19, 1988 49 Councilwoman Silverstone then proposed a resolution be sent to the Governor, the Westchester delegation to Albany, the County Executive and the County Board of Legislators and, upon her motion, seconded by Councilwoman Price, the following resolution was unanimously adopted: WHEREAS, the historical importance of the Jay Property on the Boston Post Road in Rye has been widely recognized, and WHEREAS, the property is adjacent to the Marshlands Conservancy and is crucially important to maintaining the health of the indigenous wild life and the wetlands at Marshlands Conservancy, and WHEREAS, Marshlands has rightfully been called a gem and is enjoyed by thousands of people from a broad region; NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of Mamaroneck strongly urges the Governor of the State of New York and the New York State Legislature to work with the Westchester County Executive and the Westchester County Board of Legislators to bring about the public acquisition of the Jay Property and to avoid further delays. At this time Item No. 4 under AFFAIRS OF THE TOWN was taken up. 4 . Bond Resolution - Hommocks Ice Rink Refrigeration The Supervisor informed the Board that the bond resolution had previously been voted on but since the paperwork had been misplaced, it was necessary to rescind the resolution of August 17th to issue a new bond resolution for the Hommocks Ice Rink refrigeration. On motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby rescinds the Bond Resolution issued on August 17, 1988 to cover the Hommocks Ice Rink Refrigeration. Thereafter, on motion by Councilman Chapin, seconded by Councilwoman Price, the following resolution was unanimously adopted, to-wit: 9 October 19, 1988 250 BOND RESOLUTION DATED OCTOBER 19, 1988 . A RESOLUTION AUTHORIZING THE ISSUANCE OF $315 ,000 SERIAL BONDS AND THE APPROPRIATION AND EXPENDITURE OF $35 ,000 MONIES OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF THE HOMMOCKS ICE RINK OF SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital 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 of purpose of paying part of the cost of the reconstruction of the Hommocks Ice Rink in and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $315, 000 serial bonds of said Town, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid reconstruction is $350, 000, and thus the plan for the financing thereof shall be as follows: a. By the issuance of the $315 ,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Further details concerning said bonds will be prescribe in a further resolution or resolutions of this Town Board; and b. By the expenditure of $35,000 current funds of said Town, which funds are hereby appropriated therefor. Said current funds shall constitute the down payment required by Section 107 .00 of the Local Finance Law. Section 3 . It is hereby determined that the period of probable usefulness of the specific object or purpose is fifteen years, pursuant to subdivision 19 (c) 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. 10 October 19, 1988 251 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. Upon this resolution taking effect, the same shall be published in full in The Daily Times together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 8. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Dolores A. Battalia VOTING Aye Caroline Silverstone VOTING Aye Stephen C. Chapin VOTING Aye Elaine Price VOTING Aye John McGarr VOTING Aye WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral communications to come before the Board at this time. THE SUPERVISOR Supervisor Battalia reported that Councilwoman Price and she had been contacted by two residents of the Brook area concerned, with the work winding down, about the manner in which reconstruction would be taking place. The Administrator suggested that he secure 11 October 19, 1988 " a project schedule showing just how the restoration will be timed and the decision was made to target a meeting concerning this matter for Thursday, November 17th with Bob Materazzo being present. ADJOURNMENT There being no further business to come before this Board, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, the meeting was unanimously declared adjourned at 10 :00 p.m. , after which time the Board recessed into a work session. Town Clerk Patricia A. DiCioccio 12