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HomeMy WebLinkAbout1987_02_25 Town Board Regular Minutes 115 MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 25th 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 Supervisor Battalia at 7:00 P.M. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Councilman Stephen C. Chapin On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board recess into Executive Session in Conference Room A to discuss personnel and contract matters. Thereafter, on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously resolved to adjourn the Executive Session at 8:40 P.M. CALL TO ATTENTION - Location of Exits At this time, Supervisor Battalia pe 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 Lee A. Hoffman, Jr., Town Counsel Jean A. Marra, Recording Secretary 116 February 25, 1987 BOARD OF FIRE COMMISSIONERS _ On motion by Commissioner Amlicke, seconded by Commissioner Lerman, the meeting of the Board of Fire Commissioners was called to order by Commissioner Battalia at 8:45 P.M. in the Court Room. Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence A. Lerman Commissioner Stephen C. Chapin 1. FIRE CLAIMS Commissioner Chapin presented the following fire claims for authorization of payment and, on his motion, seconded by Commissioner Silverstone, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department Claims as approved by Fire Chief Perri and audited by the Comptroller's Office: AAA Emergency Supply Co., Inc. $ 230.50 AAA Emergency Supply Co., Inc. 140.00 AAA Emergency Supply Co., Inc. 34.50 AAA Emergency Supply Co., Inc. 49.50 AAA Emergency Supply Co., Inc. 18.00 AAA Emergency Supply Co., Inc. 147.10 AAA Emergency Supply Co., Inc. 114.50 Borg-Warner Ins. Finance Corp. 2,724.00 Excelsior Garage & Machine Works, Inc. 44.43 Grant's of Larchmont 109.50 Group Health, Inc. 252.81 John E. Henry 77.50 Lawrence Heat & Power Corp. 765.77 Lawrence Heat & Power Corp. 101.61 NYNEX 9.00 Portronix 308.20 Ricket Lock & Safe Co. 31.00 Robert's Dept. Store 715.00 State Insurance Fund 10,671.16 Suburban Communicatiion, Inc. 100.00 Total $ 16,663.08 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Amlicke, seconded by Commissioner Silverstone, it was unanimously declared that this meeting be adjourned at 8:45 P.M. - 2 - 117 February 25, 1987 PUBLIC HEARING - TAX ABATEMENT FOR RENT CONTROLLED AND RENT REGULATED PROPERTIES OCCUPIED BY SENIOR CITIZENS It was explained by Attorney Hoffman that the State Legislature increased the income level for tax abatements for senior citizens and in order for it to be effective at the local level, it had to be implemented by the individual local municipalities. Following Mr. Hoffman's explanation, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented the Affidavit of Publication and the Posting of the Notice of Hearing for the record. After a few questions from the Board were answered by the attorney, Mr. Gasparini asked how the program was monitored and Councilwoman Silverstone explained that each year every person had to re-apply individually for the program. As of last year, many inquiries were made regarding the abatement and approximately three people took advantage of it, Councilwoman Silverstone announced. In answer to Councilman Amlicke's question, Councilwoman Silverstone said the people were informed by flyers which were sent out to each resident as well as the notice being posted on bulletin boards throughout the Town. There being no one else who wished to be heard regarding the proposed tax abatement, on motion by Councilwoman Silverstone, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. At this time, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, the following resolution was adopted by a unanimous vote of the Board: WHEREAS, this Town Board has met on this date, at the time and place specified in the Notice of Public Hearing to consider the adoption of proposed Local Law No._ of 1987 entitled "Tax Abatement for Rent Controlled and Rent Regulated Properties Occupied by Senior Citizens" and has heard all persons desiring to be heard thereon; - 3 - 118 February 25, 1987 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby adopts Local Law No. 2 of 1987 entitled "Tax Abatement for Rent Controlled and Rent III Regulated Properties Occupied by Senior Citizens" and orders that said Local Law, as so adopted, be herein inserted and made a part of the minutes of this meeting as follows: TOWN OF MAMARONECK LOCAL LAW NO. 2 - 1987 A Local Law Entitled TAX ABATEMENT FOR RENT CONTROLLED AND RENT REGULATED PROPERTIES OCCUPIED BY SENIOR CITIZENS This Local Law shall be known and cited as "Tax Abatement for Rent Controlled and Rent Regulated Properties Occupied by Senior Citizens." BE IN ENACTED, by the Town Board of the Town of Mamaroneck, as follows: III SECTION 1. Adoption: The Town of Mamaroneck hereby adopts the provisions of Section 467-b, as amended, of the Real Property Tax Law of the State of New York. Hereinafter, there shall be provided tax abatement in rent regulated apartments where the combined income of members of the household containing senior citizens, sixty-two (62) years of age or older, does not exceed Twelve Thousand Twenty-Five ($12,025) Dollars and provided that, pursuant to Section 467-b of the Real Property Tax Law of the State of New York, the benefits of such abatement are passed on to said senior citizens. SECTION 2. Severability: Should any provision of this local law be determined illegal or unconstitutional by a court of competent jurisdiction, then such determination shall not be deemed to invalidate any other provision of this local law. IIISECTION 3. Effective Date: This local law shall become effective immediately upon filing in the Office of the Secretary of State in accordance with the Municipal Home Rule Law. - 4 - 119 February 25, 1987 At this time, Supervisor Battalia read the following statement on behalf of the entire Town Board: "This Board has received and reviewed the report of Special Investigator, Edward Lieberman, concerning allegations which were distributed at a meeting of September 22, 1986 regarding the Police Commissioner. "In those allegations, the implication was clearly made that the Commissioner of Police drank on duty and appeared in Police Headquarters in an intoxicated condition. "It was also reported shortly thereafter in the newspaper that Mr. Joseph Messina, attorney for Chief of Police Charles Baumblatt, had provided the Town with certain information, previously, concerning similar allegations with regard to the Police Commissioner. The implication was that the Town had done nothing with regard to such allegations. "It should be noted, initially, with regard to the state- ments made by Mr. Messina, as reported in the newspaper, that any and all allegations made by him to Town officials regarding the conduct of the Commissioner were looked into at the time that those allegations were made and were not supported by any evidence that could be uncovered by the Town. In fact, certain of the allegations were specifically refuted by documentary evidence found by the Town in looking into these matters. "However, based upon the seriousness of the allegations contained in the materials allegedly distributed on September 22, 1986 by Mr. Messina, we undertook to have Edward Lieberman conduct a full and complete investigation. The investigation included reviewing various documents and the taking of statements from approximately 30 witnesses. "Mr. Lieberman's report, which is confidential, is wide- ranging and covers a number of areas which were developed directly from the materials allegedly distributed by Mr. Messina, as well as other allegations developed during the investigation. "Based upon this very complete and comprehensive investi- gation, we are pleased to say that there is no independent corroboration of any of the allegations regarding drinking while on duty and/or being intoxicated while on duty. We have also found that the Commissioner of Police has the support of the members of the Department. However, our Commissioner, like any individual, is not perfect and Mr. Lieberman has made a number of recommendations as to possible ways of improving departmental operations and the performance of the Commissioner. We are taking these recommendations under advisement. - 5 - 124) February 25, 1987 "We sincerely hope that the local newspapers which were very quick to report the allegations against the Commissioner will, as expeditiously, advise the public of our findings. "We also hope that this will place this matter in proper perspective and that we can move on to conducting the affairs of the Town and addressing the needs of its citizens." AFFAIRS OF THE TOWN 1. APPOINTMEDTPS - Board of Ethics Civil Officers Board of Ethics: Councilwoman Silverstone proposed that Marilyn Reader, the Town Prosecutor, serve on the Board of Ethics and, on her motion, seconded by Councilman Chapin, it was unanimously RESOLVED, that Marilyn S. Reader, of 222 Mamaroneck Avenue be, and she hereby is, appointed to serve as a member of the Board of Ethics for a one-year term of office expiring December 31, 1987, to fill the unexpired term of Joseph DeSalvo. Civil Officers: Councilwoman Silverstone recommended that Marianne McElhinney be re-appointed as a Civil Officer of the Town, and on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Marianne McElhinney, of 7 Hudson Street, be, and she hereby is, re-appointed as a Civil Officer of the Town of Mamaroneck for a one-year term of office expiring December 31, 1987. 2. SET DATE FOR PUBLIC HEARINGS - 1. LOCAL LAW RELATING TO PARKING FINES 2. AMEND LOCAL LAWS #7 & #8 - 1986 Parking Fines Administrator Altieri explained that in order to consolidate the Vehicle and Traffic Law, the Parking Fines Local Law was being presented for consideration. - 6 - 121 February 25, 1987 It was the consensus of the Board to refrain from setting a Public Hearing date at this time in order to permit the Board more time in which to suggest increases for the monetary fines. Local Laws #7 & #8 - 1986. Mr. Wallace Irwin, Jr., of the Coastal Zone Management Commission, presented a map depicting the East Creek area and requested that Local Law #7 of 1986 be amended to include the East Creek area as a Critical Environment Area, and also that the additional map he presented be incorporated into Local Law #8 of 1986 and be designated as a Freshwater Wetland. Attorney Hoffman stated that before any amendments to the Local Laws were made, he would like to have the comments of DEC stating that an Intertidal area could be designated as Freshwater Wetlands. In answer to Supervisor Battalia's question, Attorney Hoffman said a Public Hearing could not be set because additional text was necessary 3. AUTHORIZATION - LARCHMONT LIBRARY CONTRACT With great pleasure, after working on it for eight months, Councilman Amlicke presented the Larchmont Library Contract and on his motion, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Town Supervisor is hereby authorized to execute said Larchmont Library Contract. 4. REPORT - MEETING WITH LEGISLATIVE DELEGATION On Friday, February 13th, Supervisor Battalia met with representatives from the County, State and Federal levels, as well as local officials and representatives of the Board of Education, together with Councilman Amlicke, and Councilwoman Silverstone concerning the homeless situation in the County of Westchester. Supervisor Battalia stated that she and Councilwoman Silverstone introduced their report entitled "CUTTING THE RED TAPE: A BATTLE PLAN TO ATTACK THE HOMELESS CRISIS." The focus of the meeting was to get action on the part of the legislators and to avoid any more buck-passing on the issue of responsibility. - 7 - 122 February 25, 1987 A dramatic proposal regarding several not-for-profit agencies, which would back up the work Elaine Samuels has been doing, was made by Congressman DioGuardi, Supervisor Battalia reported. The Congressman had made a proposal to the County that if he undertook to relocate all people placed at the motel, would the County agree that the Town of Mamaroneck had done its share and that no further placements (of the homeless) would be made at the motel. The Congressman and the County Executive were to be meeting on this proposal but it was unknown whether or not that meeting had taken place as yet, the Supervisor stated, and she also pointed out that the County Executive was invited to the February 13th meeting but he was not in attendance. Regarding the County's promise that individuals who were arrested in the drug raid would not be allowed to return to the Larchmont Motel, the Supervisor informed everyone that the County placed two of those individuals in a Mamaroneck Village motel instead. Tremendous support for the proposal has been received from the Villages of Larchmont and Mamaroneck as well as the Village of Scarsdale, Supervisor Battalia indicated, and that a representative from the Governor's office was coming to discuss the issue also. Supervisor Battalia then announced that the State has agreed to increase the rent subsidies and here is also Federal legislation pending on other changes which are necessary to address the homeless situation. 5. DISCUSSION - BATTALIA/SILVERSTONE PROPOSAL and DISCUSSION OF PETITIONS RE: HOMELESS Supervisor Battalia presented a letter from the residents of the Larchmont Motel wherein they requested the Town's help in finding housing because they were "very tired of living in the motel." Also referred to by the Supervisor, was a letter from Barry S. Gedan, together with petitions containing the signatures of approximately 1300 people, many of whom were not Town residents, requesting enforcement of the zoning code in order to rectify the situation (at the Larchmont Motel) and to secure the safety of the school children. After having been frustrated over trying to make things work, Councilwoman Silverstone said that she and Dolores Battalia came up with the report in order to make things function better. This issue will not be dropped, reported Mrs. Silverstone, adding that the pressure will be widened to include other Westchester area representatives. - 8 - 123 February 25, 1987 In summary, Councilwoman Silverstone briefly outlined suggested steps such as (1) stopping the increase in the number of homeless by providing legal representation for people about to be evicted (2) having and using emergency funds to help pay the rent in certain circumstances (3) initiating a two-party check system whereby both landlord and tenant would have to endorse the support check (4) protecting the Section 8 Housing Program and (5) updating the records of DSS by computerization. A "reception center" at the Valhalla complex was suggested by Assemblyman Tocci, Mrs. Silverstone reported, adding that a priority housing system should be established for families with children in order for them to have the needed cooking facilities instead of the young, single men. Along with job training, and job placement, Councilwoman Silverstone said a "Star" type person was suggested and this person would have the necessary power and authority to make the needed changes; the rules and regulations pertaining homeless would pert i i g to the Bless wo 1 be suspended for a year in order to allow this "Star" to act. We have to "get out of the muddy swamp that we are mired in" Councilwoman Silverstone stated, adding that they were "trying to solve the problem and not just get it out of Town." Councilman Lerman felt that this proposal should be endorsed by the Board and on his motion, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby endorses the report entitled, "CUTTING THE RED TAPE: A BATTLE PLAN TO ATTACK THE HOMELESS CRISIS" written by Dolores A. Battalia and Caroline Silverstone. Many letter writing campaigns were going on, Councilwoman Silverstone reported, adding that she was quite encouraged by it and Supervisor Battalia had offered the Town's help in order to see this legislation put in place. "It is unfortunate that the burden is placed on us" (the Town), Mr. Gedan stated, "and not in the County Executive's office." It was his suggestion to amend the Town's Zoning Ordinance by stipulating that the motel would have to meet the requirements for multi-dwelling units if people lived there for more than six months. Mr. Gedan indicated that something had to be done locally in order to compel the County to get them (the homeless) out of there (the Larchmont Motel). Councilman Chapin asked what would prevent the County from transferring these people from motel to motel every six months to which Mr. Gedan replied that we had to try to get the County do something about this rather than just ignoring the situation. - 9 - 124 February 25, 1987 Attorney Hoffman pointed out that he was awaiting the out- come of pending litigation the Town brought against the motel and Councilman Amlicke asked what the Judgment would be if the Town won, to which Mr. Hoffman said they (the motel) could possibly be closed down but that this was doubtful with the existing homeless problem. He added that, instead, the Judgment might require the motel to undertake certain improvements. Hopefully the County will start picking up some of the responsibility because so far they have not begun to address the problem and, Councilman Lerman added, promoting this will get the County's attention. Mr. Arthur Gasparini asked if everything has been done to alert members of the community. He noted that articles in the newspaper were limited and he suggested that the proposals be put in the Town newsletter. 6. DISCUSSION - FEDERAL BUDGET APPROPRIATION FOR HOUSING & SUBSTANCE ABUSE Supervisor Battalia stated that funding that goes to New York State from the President's Budget Appropriation for housing and substance abuse was cut. IIIAfter a brief discussion, it was decided to put this matter over to another meeting so specific information could be obtained. 7. REQUEST FOR RESOLUTION - FEMA FUNDING The Supervisor stated that the request from CHOW for FEMA Funding would also be put over to another meeting so more specific information could be obtained. 8. PROPOSED DONATION OF PARK BENCH BY MRS. N. SIEGEL Administrator Altieri presented a letter he received from Mrs. Nathaniel Siegel who was representing the neighbors on Birchfield Road, wherein they requested approval to place a III Memorial Bench in the park opposite the Larchmont Railroad Station in honor of the late Mrs. Ruth Rhoades. Councilman Lerman added that he had a conversation with Mrs. Siegel and the Town would just have to install the bench as it would be maintained by the neighborhood group who was donating it. - 10 - 125 February 25, 1987 Mrs. Arthur Gasparini offered that Mrs. Rhoades was an outstanding citizen of the community and thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously III RESOLVED, that in memory of the late Mrs. Ruth Rhoades, this Board hereby accepts the gift of a Memorial Park Bench in her honor, which Bench is to be placed in the park opposite the Larchmont Railroad Station. 9. SPEED LIMIT ON BOSTON POST ROAD - REFERRAL FROM THE VILLAGE OF MAMARONECK At the Board's request, the Traffic Committee reviewed the referral from the Village of Mamaroneck with respect to reducing the speed limit on Boston Post Road to thirty miles per hour and, Administrator Altieri reported, it was their recommendation, based on the level of traffic utilizing the road, that the State institute a uniform speed limit of thirty-five miles an hour. Following a brief discussion, it was the consensus of the Board that the Administrator be permitted to respond to the request of the Village of Mamaroneck in an affirmative manner. 10. SALARY AUTHORIZATIONS - Recreation Fire Inspector Police Department Recreation Administrator Altieri submitted a memorandum for salary authorization from William V. Zimmermann, Superintendent of Recreation and, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that as provided for in the 1987 Town Budget, this Board hereby III authorizes the hiring of the following individuals, to be effective and at the salaries so stated: Maria Fordyce, Skating Instructor, Honamocks Ice Rink, $10/half hour, retroactive to 2/10/87; Leslie Friedman, Skating Instructor, Homnocks Ice Rink, $10/half hour, retroactive to 2/10/87; and - 11 - 126 February 25, 1987 Patricia Radogna, Recreation Assistant, Teen Center, $7/hour, retroactive to ! 2/2/87. 1 i Fire Inspector Administrator Altieri explained that due to the election of John Perri as Fire Chief, there was a vacancy for the Town Fire Inspector and it was his recommendation that Mr. Peter ___ Perciasepe be hired to assume the position. On motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Peter Perciasepe be, and he hereby is, hired as Fire Inspector for the Town of Mamaroneck, to be compensated at the hourly rate of $9.00, effective immediately. Police Department Administrator Altieri explained that the Board previously authorized salary authorization for an alternate school crossing guard but that person was unable to assume the position. He therefore requested salary authorization be approved for Mr. Nicholas Bartilucci and, on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that Nicholas Bartilucci be, and he hereby is, hired as an Alternate School Crossing Guard, to be compensated at the rate of $29 per day, effective immediately. WRITTEN COMMUNICATIONS There were no written communications to come before the Town Board at this time. ORAL COMMUNICATIONS At this time, Attorney Hoffman reported that, in an action _ against the Town and Commissioner Dallas brought by Charles Baumblatt, the Court dismissed the Complaint in its entirety and that no further motions would be entertained by the Court without its prior consent. - 12 - 127 February 25, 1987 THE SUPERVISOR Reports 1. Stated that she would like to honor the former Town Prosecutor, Joseph DeSalvo, by presenting him with a proclamation, and on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Joseph DeSalvo, the Former Town Prosecutor, be presented with a proclamation honoring him for his service to the Town of Mamaroneck. 2. That she attended a symposium, sponsored by the League of Women Voters, at the home of Mrs. Jacobson regarding affordable housing. 3. Announced that scholarship money was available, through the Business and Professional Women's Club, to women over thirty, who were attending school on a full-time basis. 4. That she did a radio talk show in Peekskill on the homeless issue and she was amazed at how few callers understood or knew what problems existed. 5. Thanked the newspapers for the coverage and editorials they did on the "BATTLE PLAN." 6. Announced success with HUD and the Section 8 program regarding the interpretation of rules and regulations. She added that they did not respond to the most recent communication sent to them but they issued a memorandum on the subject agreeing with the Town's position — so Section 8 is alive! A legislative change on this issue would also be necesary, added Councilwoman Silverstone. REPORTS OF THE COUNCIL Councilman Amlicke reported: 1. Questioned the work that was being done on the Guadanolo property and commented on all the trees that were gone. He requested the Administrator to review the site plan and Tree Preservation Law to determine if any violations existed. - 13 - 128 February 25, 1987 Mrs. Patricia Latona offered that the builder had promised to replant the trees which were destroyed and Administrator Altieri added that on the Jefferson Street side, the trees would be of a lower growing variety. 2. Inquired as to the status of the Burglar Alarm system to which Administrator Altieri replied that the specifications went out to the contractors this week and that a copy of the specs would also go to the Burglar Alarm Committee for their review after which the Committee would meet and go over the report and then make their recommendations to the Town Board. Councilman Lerman reported: 1. That the Recreation Committee together with volunteers would be canvassing the area in order to ascertain the needs and concerns of the community. He added that this project will be well promoted and that he was very excited about getting a sense of what the community wants or wants done or wants done better. Hopefully, he said, this will be done and the results analyzed within the next two months. III APPROVAL OF THE MINUTES - January 21, 1987 February 4, 1987 Supervisor Battalia indicated that action on the minutes would be put over to the next Town Board meeting. ADJOURNMENT On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously resolved that the Board recess into Executive Session at 10:20 P.M. to discuss personnel matters. III Patricia A. DiCioccio Town Clerk /j - 14 -