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HomeMy WebLinkAbout1989_06_07 Town Board Regular Minutes 001 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE CONMMISSIONERS OF THE TOWN OF III NECK, HELD ON THE 7TH DAY OF JUNE 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 Town Board recessed into a Work Session. The Work Session was held in Conference Room A to discuss the Country Club land study and Boston Post Road/Weaver Street urban renewal, after which, on motion duly made and seconded, it was unanimously declared adjourned into Executive Session at 8:00 p.m. The Executive Session was held in Conference Room A to discuss real property and personnel, after which time, on motion duly made and IIIseconded, 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 Roam. 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 Eric S. Zaidins, Counsel to the Town William McDermott, 1st Deputy Fire Chief 4 CALL TO ATTENrION Supervisor Battalia pointed out to those assembled the locations of exits as required by law for public gatherings. oa BOARD OF FIRE COMMIISSIONERS The Meeting was called to order by Commissioner Battalia at 8:40 p.m. in the Court Roam. Present were the following members of the Commission: Commissioner Dolores A. Battalia Ccmnissioner Caroline Silverstone commissioner Stephen C. Chapin Commissioner Elaine Price Commissioner John McGarr 1. Commissioner McGarr presented fire claims for authorization of payment and on his motion, seconded by Commissioner 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: A T & T $ 3,543.50 Consolidated Uniform Service 34.65 ESCO 25.00 Excelsior Garage & Machine Works, Inc. 3,460.91 Garfield-Wolar Electric Corp. 21.48 Larchmont Auto Parts Dist., Inc. 73.91 Mamaroneck Garage, Inc. 960.00 Motorola 4,955.98 III Portronix 247.90 Valhar Chemical, Inc. 188.00 $13,511.33 There being no further business to come before this Commission, on motion by Commissioner Price, seconded by Commissioner Silverstone, the meeting was unanimously declared adjourned at 8:50 p.m. APPROVAL OF MINUTES On motion by Councilman McGarr, seconded by Councilwoman Silverstone, the minutes of April 26, 1989 were unanimously approved as corrected and the minutes of May 3, 1989 and May 17, 1989 were unanimously approved. AFFAIRS OF THE TOWN 1. Appointments - Library Board - Examining Board of Plumbers - III On motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously 2 l e 003 June 7. 1989 RESOLVED, that this Board hereby reappoints John M. Coughlin of Byron Lane to the Larchmont III Library Board of Trustees for a five-year tern of office expiring in June 1994. On motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby appoints Dr. Lawrence Lerman of Lansdowne Drive to the Examining Board of Plumbers for a one-year tern of office expiring June 1990. 2. Presentation by Dr. Alan Mason-Friends of the Reservoir Dr. Alan Mason presented a written report and briefly spoke about the valve automation at the Sheldrake Lake Dam and how the systems ability responded to the rain storms during May. He went on to discuss some optional sensors the Board may wish to install and explained weather data to be gathered and III stored in the future when all equipment is operating. Councilwoman Price expressed verbal thanks from the community for all of the time and effort exerted by Dr. Mason toward this very important project, and a brief discussion ensued among the Board and Dr. Mason. At this time, on motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the transfer of funds in-the amount of $6,200 to the Environmental Control Budget for the model 101 computer and sensors; and be it further RESOLVED, that this Board hereby authorizes the Town Administrator, if necessary, to prepare specifications and accept bids. 3. Resolution - Modification of Subdivision Plat Approval - Cluster Development Following explanation by Town Counsel, Steven Silverberg, that the study of country club properties within the Town resulted in a recommendation authorizing, pursuant to Town Law, the Planning Board to consider cluster development as part of the subdivision approval process, on motion by Councilwoman Silverstone, seconded by Councilwoman Price, the following resolution was unanimously adopted: 3 001 June 7. 1989 WHEREAS, the Town Board is authorized pursuant to Section 281.:of the Town Law of the State of New York to empower the Planning Board to modify the conditions of subdivision plat approvals for so called "cluster" developments; and WHEREAS, Subdivision a of Section 281 of the town Law permits the Town to authorize by resolution the Planning Board to require all applications for subdivision approval to include a proposed modification to the Zoning Regulations known as ""cluster" development; and WHEREAS, the Town Board has obtained recommendations from its planning consultants that such a mandate to the Planning Board would be a useful planning tool for the purposes of maintaining the limited open space that remains within the Town; NOW, THEREFORE BE IT RESOLVED, that the Planning Board pursuant to Section 281(a) of the Town Law of the State of New York shall require the owner of any property seeking subdivision approval to submit an application which reflects proposed "cluster" development as well as a conventional subdivision plat, and further, the Planning Board is authorized and directed to adopt rules and regulations setting forth the criteria pursuant to this direction under which such an application may be required. 4. Consideration of FEIS - Boston Post Road/Weaver Street Urban Renewal The Supervisor reported that this item was on the Work Session agenda and that the Town Board reviewed the draft received by the Planning Consultant and requested that he include additional information in the commentary, so that this item will be held over to the meeting of June 28th. 5. Authorization - Acquisition of 685 Weaver Street The Town Administrator explained that during spring of 1988 the Town learned that Monroe Nursery School would cease operations and a decision to consider acquisition of this 4 June 7. 1989 0 0! property was based upon the opportunity it presented to add open space in our community and improve the area of recreation and community service. He added that the cost of $626,000 to III be paid to the property owners, over four years at an 8% interest rate, would not have to be borrowed since the funds are available in the Town's Land Reserve Fund. He further stated that this land is eligible for funding under the New York State Environmental Quality Bond Act since the State is encouraged by municipalities purchasing property for use in recreation and conservation activities. Councilman Chapin stated that he may well be the only Board member objecting to the purchase of this property. He briefly explained that although he is very much in favor of expansion of the Town recreation program for young children and he is aware that same are already closed to enrollment, he does not believe that purchase of the Monroe property is the right way to approach it. It was his opinion that working with the school system to expand usage of their facilities during the summer would be a better and cheaper way. A great deal of discussion followed among various residents and the Board members with regard to this acquisition, the safety of entrance and exit from Weaver Street, the handling as a day-care facility and its use as a summer recreational program site. III Thereafter, on motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was: RESOLVED, that the Supervisor be, and hereby is authorized to enter into contract with Weaver Day Camp, Inc. for purchase of property at 685 Weaver Street, designated as Section 1, Block 103, Lot 5 on the Tax Map of the Town of Mamaroneck, in the amount of $625,000, subject to permissive referendum in which the Town must wait 30 days before implementing purchase; and be it further RESOLVED, that the Town Clerk be, and she hereby is authorized to publish in an official newspaper of the Town of Mamaroneck all necessary said notices pertaining to purchase of the aforementioned property. III 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 The resolution was thereupon declared duly adopted. 5 . June 7. 1989 006 6. Consideration of Proposals - Land-Use Study Larchmont Motel y The Administrator gave a briefing on proposals presented to conduct a feasibility study on improvement and effective utilization of the Larchmont Motel property. He highly reconunended WESTHAB, Inc., who he felt has been extremely aggessive in achieving a variety of success in the County and possesses the practical hands-on knowledge and established reputation for conceptualizing and carrying out a very comprehensive study such as the Town is seeking. Following some discussion among some residents and the Board members, it was the general consensus that the Town employ the services of WESTHAB, Inc. of Elmsford, New York. 7. Authorization - Transfer of Funds-Gardens Lake Following the Administrator's announcement that the dredging portion of the Gardens Lake project is complete, contracts for restoration will begin, and additional transportation and equipment costs resulted from regulations imposed by the County Health Department, on motion by Councilwoman Price, seconded by Councilwoman Silerstone, it was unanimously RESOLVED, that this Board hereby authorizes transfer from the unreserved balance, funds in the amount of $80,000; and be it further RESOLVED, that as appropriated in the 1989 budget, $100,000 be transferred into Capital Project 88-4 for the Gardens Lake dredging and restoration. 8. Authorization - Retainer Agreement Town Counsel On motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Administrator to execute the retainer agreement in the amount of $44,000 payable biweekly with the Law Finn of Steven M. Silverberg, P.C. of Elmsford, New York, effective June 1, 1989. 6 June 7. 1989 007 9. Authorization - Renewal of Retainer Agreement Rains & Pogrebin The Administrator reported that this firm has assisted the Town in drafting collective bargaining agreements and advised on various personnel-related matters and labor law. On motion by Councilwoman Silverstone, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby authorizes the Town Administrator to execute the contract with the Law Firm of Rains & Pogrebin, PC. of Mineola, New York as special labor counsel for a period of two years, effective June 1, 1989 through May 31, 1991, at a fee of $5,000 per annum. 10. Authorization - Bonding Resolution Water District #1 On motion by Councilwoman Silverstone, seconded by Councilman McGarr, the following resolution was unanimously adopted: A RESOLUTION AUTHORIZING THE ISSUANCE OF $250,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF APPROXIMATELY 900 LINEAR rp;ek OF EIGHT-INCH DUCTILE IRON WATER MAIN AND INSTALLATION OF THE SAME ALONG OLD WHITE PLAINS ROAD AND DEERFIELD LAND, FOR MAMARONECK WATER DISTRICT NO. 1 OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated June 7, 1989, said Town Board has determined it to be in the public interest to increase and improve the facilities o8 the Mamaroneck Water District No. 1 at a maximum estimated cost of $250,000; and 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 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 urpose of paying the cost of the increase and improvement of the facilities of the Mamaroneck Water District No. 1 of the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of approximately 900 linear feet of eight-inch ductile iron water 7 J u n e 7. ©0 8 1989 main and installation of the same along Old White Plains Road and Deerfield Lane in and for said Water District, including incidental expenses in connection therewith, there are hereby authorized to be issued $250,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of the aforesaid specific object or purpose is by the issuance of the $250,000 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. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 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 County, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon all the taxable real property in said Town at the same time and in the same manner as other Town charges, an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limiotation as to rate or amount sufficient to pay the principal of and interest on said bonds. 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 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. 8 009 June 7. 1989 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 The resolution was thereupon declared duly adopted. 11. Authorization - Sale of Serial Bonds On motion by Councilwoman Silverstone, seconded by Councilwoman Price, the following resolution was unanimously adopted: WHEREAS, Bond Resolutions have been previously issued for sewer district projects, projects relating to reconstruction of the Hammocks Ice Rink and the increase and improvement of a water district facility; and WHEREAS, timing is now appropriate for converting these short-tern debt instruments into long-tern debt instruments while rates are very favorable; NOW, THEREFORE BE IT RESOLVED, that this Board hereby authorizes the Town Administrator and Comptroller to arrange for the sale of 4.2 million dollars of public improvement serial bonds on July 12, 1989 pursuant to the New York State Constitution and 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 The resolution was thereupon declared duly adopted. 12. Salary Authorizations - Conservation - Recreation On motion by Councilman Chapin, seconded by Councilwoman Price, it was unanimously 9 June 7. 1989 RESOLVED, that as provided for in the 1989 Town Budget, authorization is hereby granted for payment of 111 salaries to the following: Kirsten Treuman, Conservation Laborer, $5.50/hour, 6/7/89 thru 9/7/89; James Amlicke Conservation Laborer, $5.50/hour, 6/7/89 thru 9/7/89; Mary Dougherty, Conservation Laborer, $5.00/hour, 6/7/89 thru 9/7/89; Barrie Wagner, Conservation Laborer, $4.50/hour, 6/7/89 thru 9/7/89; Thomas Nealon, Conservation Laborer, $4.50/hour, 6/7/89 thru 9/7/89; Matthew Astle, Conservation Laborer, $4.50/hour, 6/7/89 thru 9/7/89; David Carter, Jr., Highway Laborer, $7.00/hour, 6/8/89 thru 8/25/89; Joseph W. Byrne, Highway Laborer, $7.00/hour, 6/8/89 thru 8/25/89. Pursuant to memorandum from William V. Zimmermann, Superintendent of Recreation, on motion by Councilman McGarr, seconded by Councilman Chapin, it was unanimously RESOLVED, that as provided for in the 1989 Town Budget, authorization is hereby granted for payment of salaries to the following: Jeanne Marie Grubert, Office Assistant, $5.50/hour, effective 6/12/89; Keith Fairey, Alternate Tennis Attendant, $7.50/hour, effective retroactive 5/22/89; Christine Murtaugh, Summer Swim Coach, $4,400/season, effective retroactive to 5/15/89; Pam Rosenberg, Assistant Swim Coach, $2,400/season, effective retroactive to 5/15/89; Sarah Moore, Summer Diving Coach, $2,400/season, effective retroactive to 5/15/89; Tanya Howard, Alternate Lifeguard, Hammocks Pool, $5.00/hour, effective retroactive to 5/17/89; Kate Nealon, Alternate Lifeguard, Hammocks Pool, $5.00/hour, effective retroactive to 5/24/89; John Baker, Alternate Key Attendant, Hanocks Pool, $4.00/hour, effective retroactive to 5/30/89. 10 June 7. 1989 ®1 13. Authorization - Sale of Surplus Equipment Following explanation by the Administrator that as a result of a recent automobile accident, a Town vehicle has become severly damaged, with a salvage value of several hundred dollars and no more, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby declares the following as surplus and authorizes the Administrator to implement the sale of such: Vehicle Fleet #23, 1982 Ford, 4DSN, License Plate #B27110, ID #2B3BG26R6CR1513 14. Authorization - Waiver of Building Permit Fees-Hammocks Ice, Rink On motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby waives all building permit fees, as usually issued through the Office of the Building Inspector, with regard to the Hommocks Ice Rink project. 15. Update - Hammocks Ice Rink Project At this time the Town Administrator gave a brief update on the Hammocks Ice Rink project. He mentioned that all contracts, except for one outstanding, have been awarded, documents distributed to the eleven contractors are being received back, there will be a meeting with the school district to discuss the staging of construction, location of construction fencing, etc. He noted that there have been several meetings with the construction manager, and last week there was a meeting of the Ice Rink Committee as well as the architectural construction manager to discuss two issues, one being the piling and the other being the concrete surface. He commented that the total price of the concrete slab could not be reduced much beyond $300,000 dollars based on their discussions with the two contractors in the last week or so. A somewhat lengthy discussion took place at this time, after which Councilman Chapin made a motion that the the Board accept the concrete base, to which there was no second and the motion failed, thereby leaving the decision for a sand base intact. 11 June 7. 1989 012. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS There were no written or oral communications to one before the Board at this time. THE SUPERVISOR Supervisor Battalia thanked the Honunock_s Ice Rink Committee for staying with this project and committing more than two years of their time and support to it. The remainder of the Board joined in also with their thanks to these special people and asked that they remain involved. TOWN CLERK The Town Clerk presented the Monthly Report of the Building Department for the month of May 1989. REPORTS OF THE COUNCIL None ADJOURNMENT There being no further business to came before the Board, on motion by Councilman McGarr, seconded by Councilwoman Price, the meeting was unanimously declared adjourned at 11:05 p.m. Patricia A. DiCioccio Town Clerk 12