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HomeMy WebLinkAbout1984_01_18 Town Board Regular Minutes 017 MINUTES OF THE REGULAR MEETINGS OF THE BOARD OF FIRE COMMISSIONERS AND THE TOWN BOARD OF THE TOWN OF MAMARONECK, SCHEDULED FOR THE 18th DAY OF JANUARY, 1984, AND ADJOURNED DUE TO INCLEMENT WEATHER TO THE 19th DAY OF JANUARY, 1984, AND HELD IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK IllCONVENE REGULAR MEETING The regular meeting of the Town Board was called to order by way of a telephone poll of all members and immediately adjourned due to inclement weather to January 19, 1984. Notice of the adjourned meeting was posted in prominent public places, the Weaver Street Firehouse, and the media was also advised. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:15 P.M. in the auditorium on January 19, 1984. CALL TO ATTENTION - Location of Exits Commissioner Battalia pointed out to those assembled the location of exits in the auditorium as required by law for public gatherings. Present were the following: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Lawrence Lerman Commissioners Lee H. Bloom and Thomas R. Amlicke were not in attendance due to previous commitments. Also present were: Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Carmine A. DeLuca, Comptroller Charles R. Elfreich, Town Engineer Lee A. Hoffman, Jr. , Counsel to the Town Steven M. Silverberg, Counsel to the Town 1. Claims In Commissioner Bloom's absence, Commissioner Silverstone presented fire claims for authorization of payment, and on her motion, after she explained the larger items, which was seconded by Commissioner Lerman, it was unani- mously 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: - 1 - 01.8 AAA Emergency Supply Co. , Inc. $ 4,155.00 R. G. Brewer, Inc. 15.65 R. G. Brewer, Inc. 25.30 Con Edison 44.49 Con Edison 2.00 Con Edison 3.00 J. E. I. 960.00 Lawrence Heat & Power Corp. 520.58 William McDermot 60.00 IIIIII Guy P. Morrow 120.00 0. Mueller, Inc. 35.54 Uniform Rental 25.96 Portronix Communications, Inc. 6.75 $5,974.27 2. Other Business Commissioner Battalia read the letter sent to the Fire Chief from Jerard Hartman of 15 Althea Lane in which he complimented the Fire Department for their efficiency and effectiveness in handling a fire call at his home in January, 1984. Commissioner Battalia introduced First Deputy Fire Chief Gordon Albert and Second Deputy John Perri. ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Lerman, seconded by Commissioner Silverstone, this meet- ing was declared adjourned at 8:22 P.M. RECONVENE REGULAR MEETING At this time, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously resolved that the regular meeting be re- convened. APPROVAL OF MINUTES Supervisor Battalia noted that the minutes of the Special Meeting of Decem- ber 17, 1983, and the minutes of the Regular Meeting of December 19, 1983, would be deferred to a subsequent meeting since a quorum of those present at those meetings was not in attendance this evening. The minutes of the Regular Meeting of January 4, 1984, were presented, and on motion by Councilwoman Silverstone, seconded by Councilman Lerman, were unanimously approved as corrected. At this time, Councilman Lerman suggested that minutes of Town Board meet- ings be made available to the community by being placed in both local libraries and asked the Clerk and Administrator to follow up on his recom- mendation and include other public documents such as budgets. PUBLIC HEARING: Parking. Limitation - Parkland Avenue On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Public Hearing be and it hereby is declared open. - 2 - 01.9 The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. The following statement by Coun- cilman Amlicke relative to the Public Hearing was read by the Town Clerk: "Daniel and Mary Telesco and other residents in the Dillon Road area asked me to look into the possibility of no parking on Tuesdays or Fridays on Parkland Avenue for street cleaning purposes. I referred the matter to the Traffic Committee for its consideration. The Traffic Committee recommended that no parking on Parkland Avenue coincide with the street clean- ing on Dillon Road and, therefore, recommended to the Town Council that parking on both sides of Parkland Avenue not be permitted on Tuesdays from 9:00 A.M. to 12:00 noon for the purposes of street cleaning. The purpose of this hearing is to consider excluding parking on both sides of Parkland Avenue on Tuesdays from 9:00 A.M. to 12:00 noon for the purpose of street cleaning and, if approved, add same to Chapter 81, Article II, Section 4M of the Code of the Town of Mamaroneck entitled 'Vehicle and Traffic' ." Since there was no one in the audience wishing to speak either for or against the proposal, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Public Hearing be and it hereby is declared closed. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby amends Chapter 81, Article II, Section 4M of the Code of the Town of Mamaroneck by excluding parking on both sides of Parkland Avenue on Tuesdays from 9:00 A.M. to 12:00 noon, for the purpose of street cleaning; and be it further RESOLVED, that this Board hereby directs the Highway Department to purchase and install the appropriate signs. AFFAIRS OF THE TOWN 1. Appointments Civil Officers On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the following persons be and they hereby are appointed Civil Officers of the Town of Mamaroneck with powers and duties in civil actions and proceedings as provided for in Town Law Section 20 (1)a for a term of office of one year commencing on January 1, 1984, and terminating on December 31, 1984: - 3 - (Lao Ralph Condro, 300 Richbell Road, Mamaroneck Village Leonard Martin, 416C Larchmont Acres West, Town Dominick Faillace, 1421 Mamaroneck Avenue, Mamaroneck Village Frank Comblo, 225 Highview Street, Mamaroneck Village Metro North Commuter Council On motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby appoints Roger Sher, 114 No. Chatsworth Avenue, Town to serve as a member of the Metro North Commuter Council for the year 1984,. and be it further RESOLVED, that Councilman Amlicke be and he hereby is appointed the Town Board's liaison to the Metro North Commuter Council. Board of Assessment Review On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that Eric J. Almquist of 49 Stuyvesant Avenue in the Village of Larchmont is hereby reappointed a member of the Town of Mamaroneck Board of Assessment Review to serve a five-year term of office terminating on December 31, 1988. 2. Authorization - Perritano Litigation Counsel to the Town, Steven Silverberg, gave an update on the Perritano litigation with respect to the issue of the defendants' counsel fees. He stated that further communication should be forthcoming within the next week. He asked for authorization to proceed if progress does not seem imminent. Thereupon, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that Hoffman, Silverberg and Wachtell, Counsel to the Town, are hereby authorized to take any action necessary, including the commencement of litigation, to obtain payment of attorneys' fees for counsel re- tained for the Town and such other defendants as the Town has previously agreed to indemnify in the matter of Perritano versus the Town of Mamaroneck, et al. Arthur Gasparini asked that any impending settlement be discussed at a public meeting prior to a decision being made. 3. Salary Authorization - Town Prosecutor Following Supervisor Battalia's outline of the duties of Town Prosecutor, she explained the necessity for creating such a position as part of the overall reorganization of the Town's legal department to make it more efficient and effective. Thereafter, on motion by Councilwoman Silver- stone, seconded by Councilman Lerman, it was unanimously RESOLVED, that Henry Korn, 26 Stoneyside Drive, Town, and Joseph DeSalvo, 246 Knollwood Avenue, Mamaroneck Village, shall be retained as Town Prosecutors to prosecute violations of such laws and ordinances over - 4 - 01 1 which the Town has jurisdiction in the Town Justice Court at a fee of $50.00 for each evening appearance and shall have such other duties as are set forth in the following job description: JOB DESCRIPTION FOR TOWN PROSECUTOR The Town Prosecutor shall act as Prosecutor for the Town in the Town Justice Court on all criminal and quasi criminal matters over which the Town has juris- diction. The Prosecutor shall be responsible for such prepara- tion as is necessary to appropriately conduct the prosecutions in the Town Court. The Prosecutor shall not appear in the Town Court on any other criminal matter on behalf of any defendant. The Prosecutor shall submit a voucher to the Town Comptroller at the end of each month setting forth the appearances for which he claims payment. Supervisor Battalia introduced Mr. Korn and Mr. DeSalvo to the public. 4. Authorization - Larchmont Library Contract Supervisor Battalia noted that Councilman Bloom, who could not be here tonight due to a previous commitment, will be the Town's liaison to the Larchmont Library Board and has reviewed the contract and recom- mends its approval. Thereupon, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Supervisor and the Town Clerk be and they hereby are authorized to execute the contract for the year 1984 between the Town of Mamaroneck, Village of Larchmont, and the Larch- mont Public Library as provided for in the 1984 budget. 5. Authorization - Snow Removal contract - County Roads On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Supervisor be and she hereby is authorized to sign the Agreement with the County of Westchester for the removal of snow and ice on certain designated County roads within the Unincorporated Area of the Town of Mamaroneck at a reimbursement rate up to a maximum of $2,787.00 for the 1983/1984 winter season. 6. Report of Bids: Street Painting, Diesel Fuel, Heating Oil #2, Cleaning of Police Uniforms, Rental of Work Uniforms Some discussion followed the Administrator's enumeration and explana- tion of the bids, and thereafter on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifi- cations for Street Painting, namely M & S Striping in the amount of .05 /lin. ft. ; - 5 - 022 and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with M & S Striping for said Street Painting; and be it further RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifi- cations for Diesel Fuel, namely Lawrence Heat and III Power in the amount of $.9530 per gallon; and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Lawrence Heat & Power for said Diesel Fuel; and be it further RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for Heating Oil #2, namely Lawrence Heat & Power in the amount of $.945 per gallon; and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Lawrence Heat & Power for said Heating Oil #2; and be it further RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for cleaning Police Uniforms (trousers, blouses and shirts) , namely Excelsior Cleaners in the amount of $4.15; III and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Excelsior Cleaners for cleaning Police Uniforms (trousers, blouses and shirts) ; and be it further RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for the Rental of Work Uniforms, namely Industrial Overall Service Corp. in the amount of $3.00 per man/week; and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Industrial Overall Service Corp. for said Rental of Work Uniforms. 7. Application for Special Permit - Northville Gasoline Station On motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Special Permit application sub- mitted for Northville Gasoline Station (formerly BP) at 2515-2517 Boston Post Road is hereby referred to the Planning Board for its study and recommendations and report back to the Town Board. 8. Notice of Annual Meeting - Association of Towns Designation. of Delegate and Alternate On motion by Councilman Lerman, seconded by Councilwoman Silverstone, - 6 - V" it was unanimously RESOLVED, that Dolores A. Battalia be and she hereby is named as delegate to attend the Annual Business Session of the Association of Towns of the State of New York to be held in New York City on February 22, 1984, and cast a vote of said Town of Mamaroneck, pursuant to the Bylaws and Constitution of said Asso- ciation; and be it further RESOLVED, that Caroline Silverstone hereby is named as alternate delegate to the aforesaid business session. WRITTEN COMMUNICATIONS The Supervisor tabled this item and stated it would be taken up under her reports. ORAL COMMUNICATIONS At this time, persons in the audience were invited to address the Board: 1. Mrs. Latona inquired about the status of the bids for the Fifth Avenue Sewer Project. It was explained that bids had been accepted and were being reviewed before presentation to the Town Board. 2. Marshall Kaplan advised that the lawsuit instituted by himself and other Town residents has been set aside. Lee Hoffman, the Town's Counsel to the Planning Board., stated the matter was discussed at the Planning Board meeting. Since the language in the settlement was acceptable to all concerned., all attorneys signed this evening, and the litigation is terminated, except in those instances where. underlying disagreements between the residents and developers develop. In answer to Supervisor Battalia's query, Mr. Hoffman ad- vised that the next step is for the applicant to make application to the Planning Board for final subdivision approval. Mrs. Kaplan thanked former Supervisor Goldsmith and Councilwoman Silverstone for their efforts in this settlement being achieved. THE TOWN CLERK Regular Reports The Town Clerk presented the Reports of the Building Inspector for the month of December 1983 and the year 1983, and the Report of the Town Clerk's Office for the month of December 1983. Mrs. Miller also reported that after she contacted both Larchmont and Mamaroneck Village Clerks, steps are being taken through contact with Senator Pisani and Assemblyman Perone to secure legislation dispensing with or waiving the law relative to the voting machines remaining sealed for 30 days following the Village elections. She explained this is being done to insure that those voting machines will be available for the April 3rd Primary Election. Supervisor Battalia responded to an inquiry by Robert Cammer that the matter of the Town's participating in the Pace Law School Research Library is being looked into. - 7 - 04 THE SUPERVISOR Reports 1. Mrs. Battalia announced that she spoke to the Mamaroneck-Larchmont- Harrison Bar Association. She further noted that some exploration will be done with respect to that organization's use of and contribu- tions to the Town's law library. 2. The Supervisor stated that vacancies will be filled on the fol- lowing: Board of Examining Plumbers, Coastal Zone Management Committee, Traffic Committee, Human Rights Commission, and a new group to be formed, Committee on the Handicapped. 3. The Supervisor thanked neighborhood and community organizations and others who have taken the time to stop by her office or call and who have submitted resumes. She also announced that her office had written to every community and neighborhood organization to solicit resumes of volunteers. 4. Supervisor Battalia announced the establishment of the Community Information Exchange Board which is located outside her office at the Town Center and invited local organizations to post notices of activities, meetings, etc. 5. She extended an invitation to local artists to display their work in the offices of the Supervisor. Several local artists have been invited to do so, as well as the High School Art Department and the Senior Citizens. 6. Supervisor Battalia reported on her tour of the facilities of the Joint Sanitation Commission and spoke briefly regarding the problem that must be resolved relative to the proposed County Transfer Station Hauling plan as well as the County Solid Waste District which will begin taxing in April. 7. Supervisor Battalia noted that she and Councilwoman Silverstone attended Assemblyman Perone's recent meeting at which time the long- standing problem of noise pollution along 1-95 was discussed to ex- plore the possible erection of noise barriers along the Thruway. She reported that a map had been prepared by the Town Engineer's office on which location of noise was indicated based on complaints re- ceived by her office and submitted to the Department of Transportation. REPORTS OF THE COUNCILMEN and THE COUNCILWOMAN Councilwoman Silverstone Mrs. Silverstone referred to the assistance received from local resi- dent Bob Immerman who helped her to formulate questions to be posed to the architects relative to the Town Center which were extremely helpful. She announced that in the near future public meetings will be held on the matter of the renovation of the Town Center, and noted that the Town will be looking for ways to raise money for such renovation and that anyone knowledgeable about any State and/or Federal funds is asked to contact her with such information. Councilwoman Silverstone invited all senior aged residents to attend either the Larchmont-Mamaroneck Senior Center in Larchmont Village or the Senior Citizen Nutrition Center located at the Town Center in Mamaroneck Village. She further reported on Elaine Samuels' invita- tion to local clergy to look at the offerings at the Senior Center in Larchmont so they would encourage attendance by their members. Councilwoman Silverstone advised Mr. Harold Klein, who has a long- - 8 - standing problem on Valley Stream Road, that she will be following up on her previous letters to County officials. In answer to a question posed by Mr. Klein, Councilwoman Silverstone clarified the setup and membership activities of the Larchmont- Mamaroneck Senior Center which is not a nutrition center as is the Center in the Village of Mamaroneck. Councilman Lerman Dr. Lerman reported on his attendance at the Mamaroneck Village Zon- ing Board meeting on January 5th at which time that Board categorized the Fenimore Close Project as having a harmful effect on the environ- ment and disapproved the application. Councilman Lerman also reported on the meeting of the Mamaroneck Vil- lage Planning Board meeting which he attended on January 12th. At that time, a public hearing was held on an application by the developer to revise the site plan for the Fairway Green Condominiums being built adjoining Rock Ridge Road. Dr. Lerman, speaking on behalf of the Town, pointed out the adverse environmental impact of said application and advised the Board of Mr. Lowentheil's past broken promises to the Town and its residents. He advised that no decision was made by the Planning Board that evening. At this time various clarifications were made in relation to the status of Con Edison's street opening permit on Rock Ridge Road, the status of proposals relative to the garbage problem, location of decibel read- ings relative to the erection of noise barriers on the New England Thruway. In response to a statement by Robert Cammer, Supervisor Battalia ad- vised that the Counsel to the Town will be undertaking training ses- sions for the members of the Town's Planning and Zoning Boards. Mrs. Battalia also noted that formal liaison appointments will be forthcoming. ADJOURNMENT Thereafter, since there was no further business to come before this Board, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, this meeting was declared adjourned at 9:25 P.M. Town Clerk - 9 - O6 MINUTES OF THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK ON JANUARY 26, 1984, AT THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK. The meeting was called to order by Supervisor Battalia at 8:00 P.M. in the Supervisor's Office. Present were the following: Supervisor Dolores A. Battalia Deputy Supervisor Caroline Silverstone Councilman Thomas A. Amlicke Councilman Lawrence A. Lerman Councilman Bloom was not in attendance due to a conference he was attend- ing in Florida, and Town Administrator Altieri was not in attendance due to illness. Also present was Counsel to the Town, Steven M. Silverberg. Supervisor Battalia informed the Council that she would be at Supervisors' School in Albany from January 30th through February 2nd and asked Deputy Supervisor Silverstone to preside at the February 1st Regular Town Board meeting. The Supervisor asked Councilman Amlicke to be prepared to review the Fire Claims at the February 1st meeting. Discussion of the proposed certiorari settlements was postponed until Town Assessor George_Derderian.'could be-present.It was agreed to call the February 1st Regular Meeting at 8:00 P.M. to accommodate an Executive Session to discuss these certiorari proposals and other litigation matters. The Supervisor reviewed the reasons for hiring an intermediate account clerk and a school crossing guard. The Council discussed the implementation of the new State Building and Fire Code and the Building Inspector's request for a local law to set fire limits. _ The Council discussed the Rock Ridge Road situation vis a vis the agree- ment with Mr. Loewentheil and was advised by counsel that a telegram would be sent to Mr. Loewentheil informing him that February 8, 1984, would mark two weeks following the conclusion of Con Edison's work and that the Town would install a fence if Mr. Loewentheil had not installed his gate by that date. The Supervisor informed the Council that the agenda would include proclama- tions for American History Month, Black History Month, and Boy Scout Week. - 1 07 It was moved by Councilman Lerman, seconded by Councilman Amlicke to go into Executive Session to discuss ongoing litigation and personnel matters. The Executive Session was adjourned. There was a discussion of the assignments of Council members to liaisons with Boards and Commissions and various organizations with some small ad- justments being made. There being no further business to come before the Council, the meeting was adjourned at 10:30 P.M. Respectfully submitted, Caroline Silverstone Councilwoman - 2 -