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HomeMy WebLinkAbout1989_04_05 Town Board Regular Minutes 387 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE 'TOWN OF MAMARONECK, HELD ON THE 5TH DAY OF APRIL 1989 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 real property and personnel, after which time, on motion duly made and seconded, the Executive Session was unanimously declared adjourned at 8:20 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:25 p.m. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilwoman Caroline Silverstone Councilman Stephen 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. 388 BOARD OF FIRE COMMISSIONERS The Meeting was caled to order by Commissioner Battalia at 8:32 p.m. in the Court Roam. Present were the following members of the Ccaimission: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Stephen Chapin Commissioner Elaine Price Commissioner John McGarr 1. Fire Claims Commissioner Silverstone presented fire claims for authorization of payment and on her motion, seconded by - - Commissioner McGarr, 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. $ 1,150.74 A"& A Automotive Co. 66.40 Albertson Communications, Inc. 262.50 All Power Equipment Co. 39.75 R. G. Brewer 10.25 Caruso Film Service, Inc. 69.90 Condro, Sam 1,750.00 Dri-Chem Extinguisher Co. 70.00 Excelsior Garage & Machine Works, Inc. 5,127.85 Imperial Bag & Paper Co. , Inc. 211.78 Larchmont Auto Parts Dist. , Inc. 6.96 Larchmont Auto Parts Dist. , Inc. 7.17 Lawrence Heat & Power Corp. 1,307.78 Lawrence Heat & Power Corp. 172.03 NYNEX 9.00 Portronix 247.90 Prof tech 8.05 Rickert Lock & Safe "Co.. 2.94 Techical Electronics, Inc. 122.50 Tri-City Auto Parts 94.75 $ 10,738.25 2. Other Business Commissioner Price stated that she wished to make a public comment with regard to the fundraising efforts currently underway by the Town of Mamaroneck Volunteer Fire Department. She commented that the Professional Firefighters of the Village of Larchmont hired a fundraising organization to help them raise funds and, unfortunately, many residents and businesses within the Unincorporated Area had been contacted by this fundraising group, much to the consternation of the Village of Larchmont and the Town. She mentioned that in each instance, the resident or business owner was told that this 2 389 . April 5, 1989 organization represented their fire department, thereby creating a problem by compromising the ability of our firefighters to effectively fundraise, especially since, she noted, this professional fundraising group have used aggressive tactics and have been able to solicit a fair amount of money as their fire department. She went on to make it very clearly understood that this professional fundraising group does not represent the Town of Mamaroneck Fire Department and, she emphasized, the fact is that our Fire Department solicits only through a letter-writing campaign, which is currently underway. Commissioner Price advised anyone who may be contacted by this group to please call the Town Office so that immediate steps may be taken to correct the situation. Supervisor Battalia commented additionally that the concern in this matter is not only jurisdictional, since a number of residents had contacted the Town with respect also to the approach and techniques used by this professional fundraising group, of which the Attorney General has been requested to look into. She noted that this group had contacted a number of residents, and in one case there was a full refund of a substantial amount of money. She emphasized the fact that no one from the Town of Mamaroneck Firefighters will call or come to the door of any resident since our fireman write a letter to you with a return envelope and this is the only type of solicitation you receive. Commissioner Silverstone then complimented the Fire Chief on the brochure mailed to residents describing the work the Fire Department does, its training efforts for the Boy Scout Explorer Troop and more. She added that it was a beautifully and professionally done brochure and should net some good response from the public. ADJOURNMENT There being no further discussion to come before this Commission, on motion by Commissioner Price, seconded by Commissioner Chapin, the meeting was unanimously declared adjourned at 8:45 p.m. AFFAIRS OF THE TOWN 1. Petition - Extension of Water Service Old White Plains Road/ Deerfield Lane Town Administrator, Stephen Altieri, explained that wells servicing the homes on Deerfield Lane and Old White Plains Road near Deerfield Lane contained low levels of coliform bacteria, which were investigated by the Westchester County Health Department and the Westchester Joint Water Works. He went on to say that in view of this situation, the Town and WJWW conducted an informal study of providing municipal water service to this area of the Town, and an information session 3 390 April 5, 1989 was held with the Town Supervisor and sane of the affected residents. The Administrator reported that water service could be provided at a cost of between $200,000 and $225,000, including the installation of a water main and service lines from the main to the individual resident's property line, after which the resident becomes responsible for connecting his domestic water pipes to the service line at his own expense. He further advised that New York State Town Law sets forth a procedure for extending water and/or sewer service and in order to consider this petition, the Town would act under Section 209-Q of the Law, which requires the Town Board to adopt a resolution requesting preparation of formal plans, reports, and maps describing the project, area to benefit and method of apportioning costs, as well as designating a Town official to oversee preparation of the report. He concluded that the report would then be submitted to the office of the Town Clerk and then the Board would hold a public hearing on the report, adopt a resolution indicating it is in the best interest of the Town and designate the scope of the project and the amount to be expended, as well as method of cost apportionment. The Administrator and Town Counsel then fielded questions from the Board and heard the comments of a resident, after which time on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to oversee preparation of formal plans, reports and maps, as well as methods of apportionment of expense. 2. Authorization Cemetery Maintenance Agreement - New Rochelle Guidance Center Industries The Administrator explained that, with some change, this is a renewal of last year's agreement with the Guidance Center to maintain those cemeteries for which the Town is responsible. Following a brief discussion, on motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the Administrtor to enter into agreement with GUIDANCE CENTER INDUSTRIES of New Rochelle, in the amount of $6,200, for maintenance of the following historical cemeteries. Old Town Cemetery Barker Cemetery Disbrow Cemeteries Delancey Cemetery Gedney Cemetery Richbell Cemetery Palmer Cemetery Richbell Cemetery Powell & Florence Cemetery 4 391. April 5, 1989 3. Discussion - Drought Emergency Procedures A discussion was held relative to the existence of the drought JII in Westchester County pursuant to Section 693.11 of the Westchester County Administrative Code. Emphasis on the seriousness of the situation, differences between Phase I and Phase II, and the meeting on April 17th with police officials and the Commissioner of Public Safety with regard to enforcement were discussed. 4. Resolution - Jay Property Following a brief explanation by Councilwoman Silverstone and same discussion among the Board, on her motion, seconded by Councilman McGarr, the following resolution was adopted: WHEREAS, we are all aware of the many historical and environmental reasons why the Jay Property in Rye should be publicly acquired and preserved as parkland; and WHEREAS, New York State has committed $4 million toward purchase; and WHEREAS, Westchester County has already comitted $2 million toward purchase; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby urges Westchester County to appropriate the requisite funds required to purchase the Jay Property at a negotiated fair market value and suggests that half of the funds appropriated from new rides at Playland might more appropriately be targeted for this use. 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 Nay Elaine Price VOTING Aye John McGarr VOTING Aye Councilman Chapin emphasized that he is not opposed to public acquisition of the Jay property, just to the language of the resolution and the process of acquisition The resolution was thereupon declared duly adopted. 5 392 April 5, 1989 5. Authorization - Administrator's Attendance at the New York State Managers Conference On motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes Stephen V. Altieri, Town Administrator, to attend the New York State Municipal Managers Conference being held May 14th through May 17th in Canandaigua, New York; and approves the estimated expense of $300.00 for this purpose. 6. Request of Larchmont/Mamaroneck Community Counseling Service Following explanation by the Supervisor and some brief discussion, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, the following resolution was unanimously adopted: WHEREAS, through a matching grant from the Westchester County Youth Bureau, the Larchmont - Mamaroneck Community Counseling Center, designed to help high risk children by catching problems at an early age, has been able to offer weekly prevention groups in the Mamaroneck Elementary School System over the last ten years; and WHEREAS, these efforts have proven successful in reaching troubled youngsters before substance abuse, suicide, delinquency, etc. become a part of their lives; IOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Mamaroneck, hereby urges the continuation of funding appropriation for the Westchester County Youth Bureau, which directly,affects the Larchmont - Mamaroneck Ccatmunity Counseling Center. 7. Ratification of Recreation Commission - Pool and Tennis Permit Fees On motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously ously RESOLVED, that the Town Board hereby ratifies the following new fees proposed by the Town Recreation Commission: 6 April 5, 1989 393 POOL RESIDENT POOL NON RESIDENT Family $175.00 Family $250.00 Individual $ 70.00 Individual $ 95.00 Senior $ 30.00 Senior $ 50.00 Daily Individual $ 35.00 Daily Individual $ 60.00 TENNIS Adults $ 40.00 Youth $ 15.00 Tennis Daily I.D. $ 10.00 8. Adoption of Resolution Re: Records Retention & Disposition Schedule The Town Clerk advised that the New York State Local Government Records Bureau has submitted a new Record Retention Schedule which must be implemented for Town use. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that the Town Board hereby adopts the updated New York State Local Government Records Retention and Disposition Schedule MU-1 to be implemented for Town use; and and be it further RESOLVED, that Patricia A. DiCioccio, Town Clerk of the Town of Mamaroneck is hereby designated as Records Officer. 9. Resolution Re: Change in Name of Street The Supervisor reported that on July 7, 1988, the Village of Mamaroneck Board of Trustees passed a resolution changing the name of Underhill Avenue to Monsignor Goodwine Avenue, necessitating sane changes in Town records. On motion by Councilman Chapin, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Town Board hereby authorizes a change fram Underhill Avenue to Monsignor Goodwine Avenue on the Town Map, Election Map and Election Street Listing. 7 394 April 5, 1989 10. Resolution Re: Enhanced 911 Following explanations by Councilwoman Silverstone and discussions by the Board, this item was held over to the next meeting. 11. Salary Authorizations: a) Assessor's Office b) Recreation c) Administrtor's Office d) Conservation On motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby promotes Susan Bickerstaff from Assessment Clerk to the position of Real Property Appraiser to fill the position vacated by Barbara Chase, at an annual salary of $33,550. On motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that as provided for in the 1989 Town Budget, authorization is hereby granted for payment of salaries to the following: Christopher Matinez, Alternate Lifeguard, Hammocks Pool, $5.00/hour, effective 4/6/89; and John Dematas, Alternate Key Attendant, Hommmocks Pool, $4.00/hour, effective 4/6/89. On motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the rehiring of Jonathan Hafetz as a summer intern in the Town Administrator's Office at a salary of $7.00 per hour, effective June 1, 1989; and be it further RESOLVED, that this Board hereby authorizes the hiring of Debra Lawler as a summer intern in the Engineering Department at a salary of $6.00 per hour, effective June 1, 1989. 8 April 5, 1989 395 On motion by Councilman McGarr, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby appoints Rene Rathschmidt to the position of Intermediate Clerk - Part Time in the Conservation Department at a salary of $8.00 per hour, effective immediately. 12. Letter of Agreement Following explantion by the Supervisor, on motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Town Supervisor to execute the Letter of Agreement pertaining to the update of the Town Administrator's job description. THE SUPERVISOR Supervisor Battalia reminded the Board of two upcoming meetings, the first with the residents of the Brook area to be held on the 11th from 7:00 to 8:15 p.m. with she, Councilwoman Price and Councilwoman Silverstone present to represent the Board. She noted that this meeting will be followed by the 8:30 p.m. joint meeting with the Recreation Commission. She also reported that the Housing Task Force meeting will be held on April 13th. At this time a brief discussion ensued with respect to a letter received by Wally Irwin concerning the potential destruction of plant life when the water is again released into the Gardens Lake from the Reservoir. APPROVAL OF MINUTES The Regular Minutes of March 1, 1989 were presented and on motion by Councilman McGarr, seconded by Councilwoman Price, were unanimously approved. The Minutes of the Adjourned March 1, 1989 Meeting held on the 3rd of March 1989 were presented and on motion by Councilwoman Silverstone, seconded by Councilwoman Price, were unanimously approved. 9 396 April 5, 1989 The Minutes of the Adjourned Meeting of March 3, 1989, held on the 10th of March 1989 were presented and on motion by Councilwoman Silverstone, seconded by Councilwoman Price, were unanimously approved with one change. The Minutes of the Regular Meeting of March 15, 1989 were presented and on motion by Councilman McGarr, seconded by Councilwoman Price, were unanimously approved with one change. The Minutes of the Meeting held for the purpose of a Public Hearing on March 28, 1989 were presented and on motion by Councilman McGarr, seconded by Councilwoman Price, were unanimously approved with one addition. WRITTEN COMMUNICATIONS There were no written communications to cane before the Board at this time. ORAL COMMUNICATIONS Richard Beninati of Murray Avenue presented a petition signed by some residents of Murray Avenue, Weaver Street, Forest Avenue, Bryson Street, Hamer Avenue, East Drive, Daymon Terrace and Colonial Avenue, maintaining that their streets are in a deplorable and filthy condition with no attention given by the street cleaners. He also presented some pictures attesting to this and explained when and where they were taken. He mentioned that the street cleaners have come only one time since last October, and even then did a very unacceptable job. He further added that most residents feel that the taxes they pay should at least entitle them to streets that are swept. He concluded that the equipment functions beautifully, but is only as good as the operator who, he felt, is not doing his job. Another resident mentioned that some areas need more care than others and since they reside near a school there is more debris added to the normal amount usually accumulated. She felt this area needs more than a cleanup twice a year, it needs to be maintained at least once a month. Councilwoman Silverstone commented that homeowners must also cooperate, since she has noticed that many gardeners blow debris into the street and if the cleaner had just gone through the day before, it is to no avail because the blowers are filling the street again with debris. Supervisor Battalia mentioned that this matter be brought to the attention of the principal at Murray Avenue School, as was once done at Hoamnocks, so the children may engage in a public service project at their school, a place they should be proud of, and where they should show a little respect and learn how to conduct themselves. She noted that there is a Litter Law as well as a Pooper-Scooper Law. 10 397 April 5, 1989 Councilwoman Silverstone commended Mr. Beninati on his property and noted that it is one of the most beautifully kept in the neighborhood. Mr. Beninati thanked her, but went on to mention that he does not understand why the police do not enforce the rules with gardeners, and he also felt that this problem requires immediate attention and should not be placed on an agenda for two weeks from now. Supervisor Battalia informed him that the sweepers would be spoken to. She also requested a resident to get in touch with Dr. Garvey of Murray Avenue School, noting that she would do the same, especially since there is a beautification day coming up. Councilwoman Price remarked that she would like to see the contract with the street cleaners because she has heard a lot of comments concerning them. Councilman Chapin stated that he felt if the Town had its own street sweeper there would be more control of this type of situation. ADJOURNMENT There being no further business to cane before the Board, on motion by Councilwoman Silverstone, seconded by Councilman McGarr, the meeting was unanimously declared adjourned into a Work Session on capital projects. Patricia A. DiCioccio Town Clerk 11