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HomeMy WebLinkAbout1987_02_04 Town Board Regular Minutes 102 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 FEBRUARY, 1987 IN THE CONFERENCE ROOM AND 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 Acting Supervisor Silverstone at 7:00 P.M. in the Court Room. Present were the following members of the Board: Acting Supervisor Caroline Silverstone Councilman Thomas R. Amlicke Councilman Lawrence A. Lerman Councilman Stephen C. Chapin Supervisor Dolores A. Battalia was not in attendance at this meeting. On motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board recess into Executive Session in the Conference Room to discuss Real Estate matters, Personnel and the Library Contract. Thereafter, on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously resolved to adjourn the Executive Session at 8:26 P.M. CALL TO ATTENTION - Location of Exits Acting Supervisor Silverstone pointed out to those assembled, the location of exits as required by law for public gatherings. Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Town Counsel Jean A. Marra, Recording Secretary 103 February 4, 1987 BOARD OF FIRE COMMISSIONERS On motion by Commissioner Chapin, seconded by Commissioner Amlicke, the meeting was called to order by Commissioner Silverstone at 8:28 P.M. in the Court Room. Present were the following members of the Commission: Commissioner Caroline Silverstone Commissioner Thomas R. Amlicke Commissioner Lawrence A. Lerman Commissioner Stephen C. Chapin Commissioner Dolores A. Battalia was not in attendance at this meeting. 1. FIRE CLAIMS Commissioner Chapin presented the following fire claims for authorization of payment and, on his motion, seconded by Commissioner Amlicke, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by Fire Chief John Perri and audited by the Comptroller's Office: AAA Emergency Supply Co., Inc. $ 58.00 AAA Emergency Supply Co., Inc. 96.00 R.G. Brewer 68.85 Connecticut General Life 14.90 Executive Photo 64.95 Fire Fighter R. Fattizzi 5.50 Group Health Inc. 252.81 Multiplier 252.07 New Rochelle Water Company 139.26 NYNEX Information Resources 9.00 Fire Fighter D. McBrayer 5.50 Portronix Communications 8.00 Portronix Communications 308.20 RAD Oil Company 238.72 State Insurance Fund 15,069.98 Town of Mamaroneck Prof. Fire Fighters Assn. 110.04 Town of Mamaroneck Prof. Fire Fighters Assn. 110.04 Tri-City Auto Parts 40.68 Westchester Joint Water Works 11,016.00 Total $ 27,868.50 - 2 - 101 February 4, 1987 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Amlicke, seconded by Commissioner Lerman, it was unanimously declared that this meeting be adjourned at 8:32 P.M. AFFAIRS OF THE TOWN 1. APPOINTMENTS - Board of Ethics Civil Officers Examining Board of Plumbers Town Prosecutor Building Inspector Board of Ethics: On motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that H. David Willey, Chairman, of 3 Glenn Road, Larchmont; Dennis Kenny, of 83 Lookout Circle, Larchmont; Carol Gristina, of 26 Glen Eagles Drive, Larchmont; and John Herz, of 326 Weaver Street, Larchmont, be, and they hereby are, re-appointed to the Board of Ethics Committee for a one-year term of office, expiring December 31, 1987. Civil Officers: On motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Dominick Forti, of 81 Myrtle Blvd., Larchmont, and Mary Ann Robin, of 125 New Street, Mamaroneck, be, and they hereby are, re-appointed as Civil Officers of the Town of Mamaroneck for a one-year term of office, expiring December 31, 1987. Examining Board of Plumbers: llirActing Supervisor Silverstone stated that these appoint- ments would be held over to the next Town Board meeting. Town Prosecutor Councilman Lerman stated that, with great pleasure, he would like to nominate Diane R. Recio. Councilman Chapin seconded the motion and it was unanimously - 3 - 100 February 4, 1987 RESOLVED, that Diane R. Recio, of 11 Holly Place, Larchmont, be, and she hereby is, appointed as Town Prosecutor of the Town of Mamaroneck, to serve at the pleasure of the Board, effective immediately. III Building Inspector: Mr. William E. Jakubowski, the applicant for the position of Building Inspector, was introduced to the Board members by Acting Supervisor Silverstone and on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that William E. Jakubowski, of Yorktown Heights, NY, be, and he hereby is, appointed to fill the unexpired term of Building Inspector of the Town of Mamaroneck, expiring December 31, 1987. Afterwards, Mr. Jakubowski was duly sworn in. 2. ABANDONMENT - HILLCREST AVENUE William Maker, Jr., the attorney for Mr. and Mrs. Kearns, explained that the property in question was technically a dead-end road and although part of the official map, it was never developed as a street and looked as if it were a portion of the Kearns' side yard property. He also stated that on February 4, 1987, Mr. Thomas Leddy, Superintendent of Highways, signed an Order pursuant to Highway Law Section 207, declaring this area abandoned as a public highway. Mr. Maker added that the Kearns have given back an easement on the property to the Town, and he then requested that the Quitclaim Deed be executed by the Town Supervisor. Attorney Silverberg stated that this sale would be subject to the requirement of a permissive referendum. Councilman Chapin inquired if any of the neighbors had IIIquestions regarding the abandonment to which Attorney Silverberg stated that the neighbors would not be impacted by this transaction. , Following a short discussion, and on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously resolved that the following Resolution be adopted: - 4 - 106 February 4, 1987 WHEREAS, the Superintendent of Highways has determined that the section of Hillcrest Avenue described on Schedule "A", consisting of 995.15 square feet, is not needed for highway purposes; and WHEREAS, the abandonment of this section III III of Hillcrest Avenue will have no adverse impact on the Town of Mamaroneck. NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor be authorized to execute, and the Town Clerk be authorized to affix the Town's seal to, a Quitclaim Deed to the area described on Schedule "A", in a form satisfactory to the Town Attorney, and to deliver it to Mr. and Mrs. Thomas M. Kearns for recording in the Office of the County Clerk of the County of Westchester (Division of Land Records); and be it FURTHER RESOLVED, that the Town Supervisor be authorized to execute, and the Town Clerk be authorized to affix the Town's seal to, an Easement Agree- ment, in a form satisfactory to the Town Attorney, allowing it to enter upon the area described in Schedule "A" for the III purpose of maintaining, repairing and improving the existing underground utility lines and to deliver it to Mr. and Mrs. Thomas M. Kearns for recording in the Office of the County Clerk of the County of Westchester (Division of Land Records); and be it FURTHER RESOLVED, that this be subject to a permissive referendum and that the Town Clerk be authorized to publish said notice thereof; and be it FURTHER DETERMINED, that the action sought is a Type II Action, as defined in the regulations promulgated pursuant to the New York State Environmental • Quality Review Act (SEQRA), and in the Code of the Town of Mamaroneck, and that no further procedures need be taken pursuant to the regulations, SEQRA or the Town Code. The question of the adoption of the foregoing Resolution was duly put to a vote which resulted as follows: Councilman Chapin Aye Councilman Lerman Aye Councilman Amlicke Aye Acting Supervisor Silverstone Aye The Resolution, thereupon, was declared duly adopted. - 5 - 107 February 4, 1987 3. TRAFFIC SIGN PLAN - Howell Park Administrator Altieri explained that this issue was before the Board once before and had been referred to the Traffic Committee. After further discussions with the President of the Howell Park Association, it was agreed to accept the recommendations of the Police Commissioner and the Traffic Committee to install stop signs and "No Thru Traffic" signs in the Howell Park area, and Mr. Altieri added this could be accomplished by holding a Public Hearing to amend the Town Code. Thereafter, on motion by Councilman Lerman, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby sets Wednesday, February 25, 1987, at 8:15 P.M., as the date and time for a Public Hearing to amend the Vehicle and Traffic Law of the Town of Mamaroneck, Section 81-6B, entitled "Stop Intersections;" and be it FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the Notice of said Public Hearing in the Official Newspaper of the Town of Mamaroneck. III 4. PRISONER TRANSPORTATION REIMBURSEMENT AGREEMENT Administrator Altieri stated that the Police Department frequently transports prisoners to the County Prison in Valhalla where they are kept until trial or arraignment and that the County has established a procedure where they reimburse the local communities at a fixed rate to offset the transportation cost. He then requested authorization to execute the agreement, but some question was raised by Councilman Chapin regarding the $60 fee to which Mr. Altieri explained that it offset the employee and vehicle expense, adding that the fee was $55 last year. The automatic renewal for a term of one year was questioned by Councilman Amlicke and Attorney Silverberg assured him that it was unenforceable. Afterwards, on motion by Councilman Lerman, seconded by Councilman Chapin, it was III unanimously RESOLVED, that the Town Administrator be, and he hereby is, authorized to execute said Prisoner Transportation Reimbursement Agreement with the County of Westchester, at the fixed rate of $60 per trip, per prisoner transported. - 6 - 108 February 4, 1987 5. AUTHORIZATION TO ACCEPT BIDS - Payloader - Refuse Collection Vehicle - Dump Truck Administrator Altieri requested authorization to prepare specifications and accept bids for the replacement of the above-mentioned sanitation vehicles under the Town's Capital Improvement Schedule for 1987. Acting Supervisor Silverstone asked if more than one type of payloader could be bid on, to which Mr. Altieri stated that the plows and buckets would have to be interchangeable but otherwise any make would be sufficient. Some discussion followed regarding the service life of these vehicles and on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Town Administrator be, and he hereby is, authorized to prepare specifications and accept bids for the replacement of the following items: Payloader, Dump Truck and Refuse Collection Truck. 6. TRANSFER OF FUNDS - Real Estate Broker Fees - Third Floor Town Center Administrator Altieri stated that two of the Third Floor tenants have moved in and Doern Appraisals was moving in February 5th. He then requested authorization to transfer funds for the payment of real estate commissions to Burbank Associates for the executed Third Floor leases. Some discussion followed regarding the length of the leases and the payment of the commission fees to which Attorney Silverberg said that the fees were based upon the gross rental value of the property at the time the space was leased. He added that the fees could be renegotiated to a "pay-as-you-go" procedure in the future. Thereafter, on motion by Councilman Lerman, seconded by Councilman Chapin, it was unanimously - 7 - 109 February 4, 1987 RESOLVED, that the Town Administrator is hereby authorized to transfer funds in the amount of $7,818.62, from the Town's contingency account, as commissions to Burbank Associates, Inc. on the executed leases for Radio Expenditure Reports and Peter Nekos/John Mabe. III 7. SALARY AUTHORIZATION - Part-Time Caretaker Administrator Altieri indicated that in the 1987 Budget, an appropriation was approved for a part-time Caretaker to work approximately 18 hours per week and he recommended that salary authorization be approved for Mr. Frank Leggio, and on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that as provided for in the 1987 Town Budget, this Board hereby authorizes the hiring of Frank Leggio, of Larchmont Acres, New York, as a part-time Caretaker, to be compensated at the rate of $9 per hour, and to be effective immediately. III At this time, Acting Supervisor Silverstone stated that the special investigation report which was conducted on the Police Commissioner was just received and that it would be reported on shortly. Mrs. Silverstone also stated that some action has been taken regarding the Larchmont Motel and Attorney Silverberg explained that an Order to Show Cause (as to why the motel should not be closed) , signed by a Westchester Supreme Court Justice and returnable February 19, 1987, was served on the motel owners yesterday morning. WRI'T'TEN COMMUNICATIONS There were no written communications to come before the Town Board at this time. ORAL COMMUNICATIONS At this time, Mrs. Patricia Latona presented a letter from the Larchmont League of Women Voters to the Editor of The Daily Times and proceeded to read it as follows: - 8 - 100 February 4, 1987 "We applaud the recent PTA Council effort to encourage Mamaroneck School District parents to put pressure "on our county and state legislators for creative legislation that will use our tax money to place homeless people in appropriate III housing." We are proud that our Town government, as well as local private and religious organi- zations have sought to assist the homeless families at the Larchmont Motel in myriad ways. "In addition, long-range solutions must be sought. "Although it may seem redundant, we should remind ourselves and our legislators that the primary cause of homelessness in Westchester is the notoriously tight housing market and the very limited supply of low-income housing. Official statistics collected over a period of years indicate that about three-fourths of Westchester's homeless population have been evicted or cannot continue to live doubled up with family or friends. People are evicted because their incomes are no longer sufficient to pay rent, because their housing is deemed unfit for habitation, because their housing has been removed from the housing stock or because the rent is increased beyond their ability to pay. Our elected officials should be asked to seek legislation and regulatory III change that will address these causes of homeless- ness and help increase the supply of low-income housing in Westchester. "Two New York State financial assistance programs have expanded housing options for homeless and low income persons in response to a contracting federal role in this regard. We should urge our state legislators to increase funding for the Homeless Housing and Assistance Program and, more importantly, to work to direct sufficient funding to Westchester projects. The Low Income Housing Trust Fund, the state's primary program for promoting the development of permanent housing for lower income households, has a number of require- ments that limit the utility of the program in Westchester. We should ask our state legislators to tailor this fund to fit Westchester's unique situation so that our county's non-profits, municipalities and low-income persons can take advantage of the Fund. Lastly, but more urgently, our state legislators must be made aware that we favor a significant increase in the "housing allowance" payments made to public assistance households. At the present time, the housing allowances set for Westchester are woefully inadequate -- far below the rent levels for standard housing throughout the county. If we are to stem the growing tide of public assistance families evicted for non-payment of rent, maximum levels for the payment of "housing allowances" must be increased and indexed to adjust auto- matically for inflation. - 9 - 1 1 t February 4, 1987 "Similarly, the federal presence in promoting affordable housing must be increased and what help is available must be utilized by lo al officials. "At the same time, we must confront the issue ourselves locally and make a personal commitment III to adequate housing for all." /s/ Sigrid David, President THE TOWN CLERK Reports The Town Clerk presented the following reports: the Building and Plumbing Reports for December 1986 and January 1987 and the Town Clerk's Report for January 1987. THE SUPERVISOR Reports 1. Acting Supervisor Silverstone read the following Proclamation honoring Cliff Etanuelson in his retirement: PROCLAMATION WHEREAS, CLIFF EMANUELSON, a naturalist of rare talent, has given priceless service during more than two decades as Conservation Consultant to the Town of Mamaroneck and to the tri-municipal Conservation Advisory Commission; and WHEREAS, the design and construction of the beautiful Sheldrake and Leather- stocking Trails, the Premium and Hommocks Conservation areas, the Larchmont Reservoir, and numerous other conservation projects, were primarily due to the talents and energies of CLIFF III EMANUELSON; and WHEREAS, CLIFF'S philosophy of conservation, and his recognition of the need to harmonize the natural and built environments, has deeply influenced the public policies of the Mamaroneck/ Larchmont community and greatly enhanced our beautiful environment of open space, wetlands and wildlife habitats; and - 10 - III 117 February 4, 1987 WHEREAS, CLIFF EMANUELSON has won the lasting friendship and gratitude of the people of the Town of Mamaroneck; and WHEREAS, CLIFF is retiring from his duties as Conservation Consultant, but III will always be welcome among us as a friend and counselor. NOW, THEREFORE, BE IT RESOLVED, that I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck do hereby declare CLIFFORD EMANUELSON a lifetime HONORARY CITIZEN OF THE TOWN OF MAMARONECK and hereby extend to him the Town's deep appreciation and best wishes for a Healthy and Happy Retirement. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of Mamaroneck to be affixed this 29th day of January, 1987. /s/ Dolores A. Battalia, Supervisor Town of Mamaroneck ill IIICouncilman Amlicke expressed his disappointment in not seeing any article in the paper regarding Cliff Emanuelson's retirement. 2. Acting Supervisor Silverstone stated she attended the Association of Town Supervisors Meeting in Mount Kisco on February 2nd and that the subject of affordable housing was discussed. 3. Mrs. Silverstone conveyed that she also attended a Flood Control Plan Meeting held in Mamaroneck Village and the subject of deepening the Sheldrake River was discussed. She added that additional meetings would be necessary in order to determine whether the Town should go forward with the former plans for the project or if the plans should be revised. REPORTS OF THE COUNCIL Councilman Amlicke reported: 1. Irxquired if Claudia it had attended the compost meeting to which Administrator Altieri answered she did but that she wasn't too impressed with it and he added that the County still has not located any definite compost sites. - 11 - 1. 1r) February 4, 1987 2. Questioned the results of the Traffic Committee Q C e meeting regarding the Murray, Myrtle and North Chatsworth Avenue intersection. III Administrator Altieri explained that it was the consensus of those at the Traffic Committee meeting that the signal was not working properly because too many cars were being queued up at the light. He added that it was their suggestion that lines be painted on the pavement indicating "Right Lane Must Turn Right" and also that the police would patrol the area to ensure the rules were abided by. Councilman Chapin objected to having the streets painted with any wording or arrows stating that it would look unsightly. Acting Supervisor Silverstone then recommended that the Traffic Committee's recommendations be followed. Mrs. Patricia Latona questioned the status of the proposed traffic light on Forest and Weaver to which Mr. Altieri explained that the state submitted plans to the Town and that the Traffic Committee was reviewing them. He added that the light would probably be installed sometime between now and the end of the summer. 3. Councilman Amlicke announced that the Town's side of the railroad tunnel was left unpainted! Mr. Altieri explained that the workers had noticed a mistake was made and that it would be painted in a beige color to match the other half of the tunnel. 4. Councilman Amlicke asked if any spot checking of the tunnel would be done to which Mr. Altieri stated that two police departments would be locking and unlocking the gates and it was hoped that this would deter any crime or vandalism in the immediate area. 5. Councilman Amlicke then questioned the progress of the Burglar Alarm system and Mr. Altieri explained that the specifications were being modified regarding the insurance and also that some questions were raised concerning the rates being controlled by the Town. Councilman Amlicke commented that the Town might lose the people if action was not taken soon. - 12 - 11 '. February 4, 1987 APPROVAL OF MINUTES The Minutes of November 19, 1986 were presented and on motion by Councilman Chapin, seconded by Councilman Amlicke, were unanimously approved as amended. r The Minutes of December 3, 1986 were presented and on motion by Councilman Amlicke, seconded by Councilman Lerman, were unanimously approved as amended. The Minutes of December 17, 1986 were presented and on motion by Councilman Lerman, seconded by Councilman Amlicke, were unanimously approved as amended. Action on the Minutes of January 7, 1987 was tabled. ADJOURNMENT On motion by Councilman Chapin, seconded by Councilman Amlicke, it was unanimously resolved that the Board recess into Executive Session at 9:50 P.M. to discuss matters of III personnel. Patricia A. DiCioccio ' Town Clerk /j - 13 -