Loading...
HomeMy WebLinkAbout1984_07_11 Town Board Regular Minutes i8 MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD ON THE 11TH DAY OF JULY 1984 IN THE ADMINISTRATOR'S OFFICE AND THE AUDITORIUM OF THE TOWN CENTER, VILLAGE OF MAMARONECK. CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:15 p.m. in the Auditorium. Present were the following: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilman Thomas R. Amlicke Councilman Lawrence A. Lerman Councilwoman Caroline Silverstone was not in attendance at this meeting. Stephen V. Altieri, Town Administrator and Lee A. Hoffman. , Counsel to the Town, were also present. On motion by Councilman Bloom, seconded by Councilman Lerman, it was unanimously III RESOLVED, that this Board will recess into Executive Session in the Administrator's Office to discuss matters relative to pending certiorari settlements and office personnel. County Legislator Diane Keane appeared before the Board in its Executive Session to discuss matters relative to negotiations with the County in regard to contract negotiations of the proposed transfer station. • Thereafter, on motion by Councilman Lerman, seconded by Councilman Bloom, it was unanimously resolved to adjourn the Executive Session at 8:22 p.m. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:25 p.m. in the Auditorium. Present were the following: Commissioner Dolores A. Battalia Commissioner Lee H. Bloom Commissioner Thomas R. Amlicke Commissioner Lawrence A. Lerman -1- 190 Commissioner Caroline Silverstone was not in attendance at this meeting. Also present were: Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator —,- Lee H. Hoffman, Jr. , Counsel to the Town George Derderian, Assessor 1. Claims Commissioner Lerman presented fire claims for authorization of payment and on his motion, seconded by Commissioner Bloom, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co. , Inc. $ 189.50 , AAA Emergency Supply Co. , Inc. 114.25 Exterminating Division 18.24 S. J. Lagani Electrical Co. 457.78 Multiplier Industries Corp. 124.20 New York Telephone Co. 67.36 New York Telephone Co. 1,024.10 Portronix Communications 314.90 RAD Oil Co. 390.49 Town of Mamaroneck Professional Fire Fighters Association 102.18 Kenneth Valle, Lieutenant TMFD 281.05 Westchester Joint Water Works 54.01 $3,138.06 2. Other Business Commissioner Battalia acknowledged receipt of two letters from the Fire Council, one regarding impounded cars left in the Firehouse parking lot, and the other relative to the need for an additional fire station in the vicinity of Old White Plains Road and Griffen Avenue. After a brief discussion, it was noted that legislation is being drafted relative to impounded vehicles and the Administrator was asked to work with the Fire Chief so that a more formal proposal can be drawn up for another firehouse, as well as a meeting of the Fire Council and the Fire Commission. ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Bloom, seconded by Commissioner Amlicke, it was unanimously declared that this meeting be adjourned at 8:33 p.m. -2- 191 LOCATION OF EXITS Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. RECONVENE REGULAR MEETING At this time, on motion by Councilman Bloom and seconded by Councilman Lerman, it was unanimously resolved that the regular meeting be reconvened. PRESENTATION - Report of Management Advisory Committee David R. Schwarz, Chairman of the Town Management Advisory Committee presented a brief report on the organization and plans of the above- noted Committee. He spoke first about the charge by Supervisor Battalia to her Transition Team and then those items realized as a result of that Team's interviews with the staff, those being an overall management plan; the preparation, format and use of the Town budget; consideration of an internal computer system; and the management of cash flow. He then noted that his present group also recommended that the roles of the Supervisor and Board members be defined as well as the role of the Town Administrator. Mr. Schwarz also spoke of each member of the Committee and enumerated the expertise of each to serve on the Committee: Edward A. and Eileen C. Brown, David G. Sacks, Joan G. Scheuer, Robert A. Wofsey and himself, explaining that they will continue working on each of the highlighted topics outlined above while serving as an advisory resource and preparing a systems analysis chart, and organization development chart. PRESENTATION - Robert Hohberg's Report of the Upstream Analysis of the Pinebrook River Councilman Amlicke introduced Mr. Hohberg, who is a member of the C.A.C. as well as the science department staff at Mamaroneck High School, and spends his summers analyzing local waterways. Mr. Hohberg briefly explained the specifics of his work on the upstream portion of the Pinebrook River and the Gardens Lake and the results thereof which he expects will help preserve and improve the quality of water flowing throughout the area. At the conclusion of his report, he recommended the installation of a filter trap because of the vulnerability of oil pollution as well as an alarm system to alert of any oil spills. He also stated..that areas of the waterway should be monitored for cave-ins. Councilman Bloom thanked Mr. Hohberg on behalf of the Board and extended a special commendation for risking his life to conduct his studies, by crawling around underground in small areas. PUBLIC HEARING: Special Permit Application - Northville Gasoline Station On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. -3- 192 The Town Clerk presented the Affidavits of Publication and Posting of Notice of Hearing for the record. Raymond Muldowney representing Northville advised the Board that no alterations to the existing building are being requested, only the desire to sell cigarettes and candy as a convenience to their customers and emphasized, in answer to Mr. Amlicke's query, that no machines will be used and nothing will be situated outside of the present structure on the premises. Councilman Bloom advised that the matter was discussed thoroughly at the recent Traffic Committee meeting. Persons addressing.the Board on this matter included: Marge Fumari of 3 Dillon Road who expressed her concern for the safety of the children in the area; the proprietor of Jimmy's Deli added his concern for the children who would cross the street and the station grounds to buy candy; Mary Telesco of 1 Dillon Road expressed her concern that this request will lead to another at a later date and further expansion of the station may come about; Joseph Fumari of 3 Dillon Road reviewed the station's hours of operation, lighting and other aspects of operation; Richard Gill of 3 Dillon Road poke of the hazardous situation created by cars exiting the station on Dillon Road. Some discussion ensued on the egress from the station onto Dillon Road with clarifications by Counsel and Councilman Bloom and suggestions for conditions that could be imposed if the permit is approved. On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereupon, on motion by Councilman Lerman, seconded by Councilman Bloom, the following resolution was unanimously adopted: WHEREAS, the Northville Gasoline Station has submitted an application and accompanying plans for a special permit for permission to sell cigarettes and candies as an accessory use and incidental to the sale of gasoline and diesel fuel at 2515-17 Boston Post Road in the Town of Mamaroneck, on the premises known as Block 504 Parcel 101 and 121 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, this Board has examined the application and plans and finds that conditions and standards required by the Zoning Ordinance for Special Permits have been met; NOW, THEREFORE BE IT RESOLVED, that pursuant to the recommendation of the Town of Mamaroneck Planning Board, the application of Northville Gasoline Station for a Special Permit for permission to sell cigarettes and candies as an accessory use and incidental to the sale of gasoline and diesel fuel is hereby granted strictly in accordance with the application and plans as submitted; -4- 193 and be it further RESOLVED, that this Board imposes the following changes in traffic flow at the Northville Gasoline Station: that only Dillon Road be used as an exit with a STOP sign at the exit, along;; with a DO NOT BLOCK TRAFFIC LANE sign, as well as an EXIT ONLY sign; and be it further RESOLVED that subject to approval of the State Transportation Department, this Board directs that a NO LEFT TURN sign be installed at the Boston Post Road exit; and be it further RESOLVED, that within three months of the adoption of this resolution, that a permit be obtained from the Building Department and that work be completed within one year. APPROVAL OF MINUTES . Action on minutes was tabled until the Special Town Board Meeting of July 25, 1984. AFFAIRS OF THE TOWN 1. Proposed Certiorari Settlements: a) A & P vs. Town and Village of Mamaroneck On motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - A & P vs. Town and - Village of Mamaroneck-for assessment years 1980 through 1983, subject to the under- standing that the resulting tax refunds shall be without interest. b) The Moorings Condominium vs. Town and Village of Mamaroneck On motion by Councilman Bloom, seconded by Councilman Lerman, with Supervisor Battalia,. abstaining, the following resolution was adopted by majority vote of the Board: RESOLVED, that in accordance with the terms recommended by Assessor, this Board hereby authorizes the settlement of certiorari proceeding - The Moorings Condominium vs Town and Village of Mamaroneck-for assessment years 1980 through 1984. -5- 19 4 c) Carrea vs. Town and Village of Mamaroneck On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding _ Carrea vs. Town and Village of Mamaroneck-for assessment years 1979 through 1983. 2. Authorization - Bonding Resolution-Fifth Avenue Sewer Project Pursuant to the explanation and update on the project by the Town Administrator, the following resolution was offered by Councilman Bloom, who moved its adoption, seconded by Councilman Amlicke, to-wit: RESOLUTION DATED JULY 11, 1984. A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO A PROPOSED INCREASE AND IMPROVEMENT OF THE FACILITIES OF SEWER DISTRICT NO. 1 OF THE TOWN OF MAMARONECK WESTCHESTER COUNTY, NEW YORK. WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and estimate of cost for the increase and improvement of the facilities of Sewer District No. 1 in said Town; and III WHEREAS, said map, plan and estimate of cost are on file in the office of the Town Clerk for public inspection; and WHEREAS, such increase and improvement consists of the reconstruction of approximately 750 feet of 12 inch sanitary sewer pipe along Fifth Avenue, including appurtenant facilities and incidental improvements, as more fully described in the aforementioned map, plan and estimate of cost; and WHEREAS, the total cost of the aforesaid increase and improvement of the facilities is $323,500; and WHEREAS, said Town Board duly adopted a resolution on May 16, 1984 calling a public hearing on said proposed increase and improvement of facilities of Sewer District No. .1 in the manner described above pursuant to the provisions of Chapter 629 of the Laws of 1939, as amended by Chapter 710 of the Laws of 1943, to hear all persons interested III in the subject thereof concerning the same; and WHEREAS, notice of such public hearing was duly published and posted in the manner and within the time prescribed by Section 202-b of the Town Law, and proof of such publication and posting have been duly presented to said Town Board; and -6- 195 WHEREAS, after due notice, said public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town board has duly considered the evidence given at the aforesaid public hearing; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the Sewer District No. 1 of the Town of Mamaroneck, Westchester County, New York, consisting of the reconstruction of approximately 750 feet of 12-inch sanitary sewer pipe along Fifth Avenue, including appurtenant facilities and incidental improvements, at a maximum estimated cost of $323,500. Section 3. This resolution shall take effect immediately. Ill The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Dolores A. Battalia VOTING Aye Councilman Lee H. Bloom VOTING Aye Councilman Thomas R. Amlicke VOTING Aye Councilman Lawrence A. Lerman VOTING Aye Councilwoman Caroline Silverstone VOTING Absent :.:_Thereafter, the following resolution was offered by Councilman Bloom, who moved its adoption, seconded by Councilman Amlicke, to-wit: BOND RESOLUTION DATED JULY 11, 1984. A RESOLUTION AUTHORIZING AN INCREASE AND IMPROVEMENT OF THE FACILITIES OF SEWER DISTRICT NO. 1 OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT.A MAXIMUM ESTIMATED COST OF $323,500 AND AUTHORIZING THE ISSUANCE OF $323,500 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, by proceedings heretofore duly had and taken pursuant to the provisions of Chapter 629 of the Laws of 1939, as amended by Chapter 710 of the Laws of 1943, the Town Board of the Town of Mamaroneck, Westchester County, New York has determined it to be in the public interest to increase and improve the facilities of Sewer District No. 1 of said Town, consisting of the reconstruction of approximately 750 feet of 12-inch sanitary sewer pipe along Fifth Avenue, including appurtenant facilities and incidental improvements; ;and -7- 196 WHEREAS, it is now desired to authorize said increase and improvement of facilities and to provide for the financing thereof; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The increase and improvement of the facilities of Sewer District No. 1 of the Town of Mamaroneck, Westchester County, New York, consisting of the reconstruction of approximately 750 feet of 12-inch sanitary sewer pipe along Fifth Avenue, including appurtenant facilities and incidental improvements, is hereby authorized at a maximum estimated cost of $323,500. Section 2. The maximum estimated cost of such specific object or purpose is $323,500, and the plan for the financing thereof is by the issuance of $323,500 serial bonds of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law. 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 4 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, Westchester County, New York, are hereby irrevocably pledged for 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 Sewer District No. 1 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 limitation as to rate or amount sufficient to pay the principal of and interest on said bonds. -8- 197 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 dale 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 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. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Dolores A. Battalia . VOTING Aye Councilman Lee H. Bloom VOTING Aye Councilman Thomas R. Amlicke VOTING Aye Councilman Lawrence A. Lerman VOTING Aye Councilwoman Caroline Silverstone VOTING Absent The resolution was thereupon declared duly adopted. 3. Set Date for Public Hearing - Proposed Local Law No. 3-Site Plan Ordinance Discussion took place on the development of site plan review procedures to aid the Planning Board and it was noted that the first draft has been received from Counsel. The Supervisor commended Councilman Bloom for his extensive study of this proposed legislation. It was therefore agreed that this and other matters would be taken up at the Special Meeting to be held at 8:15 p.m. on July 25, 1984. 4. Set Date for Public Hearing - Request for Sign Variance-Hacienda Restaurant Judge Clifford, speaking for Emilio Martinez, asked for an earlier public hearing date, and following an explanation by Supervisor -9- 198 Battalia, his request was denied. On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that August 8, 1984 be set as the date for the Public Hearing relative to the request for a sign variance at the Hacienda Don Emilio Restaurant in the Village Square Shopping Center; Ill and be it further RESOLVED, that the Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. 5. Set Date for Public Hearing - Overnight Parking Councilman Bloom explained how diligently the Traffic Committee worked on the parking problem and that members of the Committee personally examined the streets, and on his motion, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby sets August 8, 1984•, as the date for a Public Hearing on the overnight parking ordinances; and it is further RESOLVED, that the Town Clerk be, and she hereby is, authorized to publish in The Daily Times, the Notice of said Hearing as required by law. 6. Report - Town Insurance The Administrator and Supervisor Battalia explained the concern about insurance as has been discussed with other municipalities, and Mr. Altieri reviewed the procedure followed last year in seeking proposals prior to the expiration of the insurance policies. Supervisor Battalia stated that she wished to go on record as not being happy with the services-of the present broker but deferred to the Administrator's recommendations. After some discussion. on this matter, on motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Administrator be, and he hereby is, authorized to solicit proposals for various insurance policies soon to expire. 7. Recommendations of the Traffic Committee Councilman Bloom reviewed the items taken up by the Traffic Committee and the recommendations for each. It was decided that these items would be held taken up further at the July 25th Special Meeting and a determination will be made at that time that would require a public hearing. -10- 199 8. Report of Bids - Relocation of Town Offices Mr. Altieri presented the bids received, one for $11,000 from Findlay Moving and Storage and the other for $6,600 from Collins Brothers Moving Company, and recommended the acceptance of the bid from Collins Brothers. On motion by Councilman Lerman, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby accepts the bid of Collins Brothers in the amount of $6,600 for the relocation of the Town Offices and authorizes the Administrator to enter into contract with Collins Brothers for said services. 9. Special Permit Application - Power Test Gasoline Station (Refer to Planning Board) On motion by Councilman Amlicke, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Special Permit application requesting permission to enlarge existing gasoline station sales office to provide for new facilities, submitted by Power Test Petroleum Distribution, Inc. at 2385 Boston Post Road, is hereby referred to the Planning Board for its study and recommendations and report back to the Town Board. 10. Salary Authorizations - Recreation. On motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that the following persons be compensated at the rates and effective dates as shown below: Marie Salatino, Rec. Att. Rec Office, $3.35/hour effective retroactive to June 25, 1984 for six seeks, 3 hours per day. Christopher Genovese, Rec. Att. Central Tennis Courts, $3.25 /hour effective retroactive 6/20/84, replacing Timothy Irwin. David Hammelburg, Rec. Att. Memorial Tennis Courts, $3.25/ hour effective retroactive to 6/20/84, replacing Dominick Penzine. *Joseph Mellusi, Rec. Att. Central Tennis Courts, $3.35/hour effective retroactive to 6/20/84. Othello Rollon, Rec. Asst. Central Playground, $100/week for six weeks. Mario Bonito, Jr. Rec. Asst. Central Playground, $125/week for six weeks. -11- 200 Colleen Doyle, Rec. Asst. Central Playground, $125/week, for six weeks, replacing Lorenzo Lewis. Jennifer Haller, Rec. Asst. Central Pre School, $45/week, six weeks. Claudia Bairaktaris, Rec. Asst. Murray Pre School, $45/week, six weeks. **Elizabeth Reilly, Senior Rec Leader, Central Pre School, $145/week, for six weeks. Francisco Crespo, Rec Att. $3.35/hour, maintenance & labor, effective 6/20/84, On the salary authorization of June 15, 1984, Paul Hirschfield's name was misspelled. *Joseph Mellusi, increased from $3.00 per hour. **Elizabeth Reilly, increased from $125.00 per week, adjusted due to additional program hours. Elizabeth Parnell, Recreation Attendant (alternate) , $3.00/hour, effective 7/6/84. WRITTEN COMMUNICATIONS There were no written communications to come before the Board. ORAL COMMUNICATIONS 1. Andrea Simon of 34 Glenn Road addressed the Board with reference to lack of pick up of trash put at the curb and spoke also :about the collapsed drain at the corner of her street. The matter was referred to Mr. Leddy, Highway Superintendent. 2. Arthur Gasparini inquired as to the status of the Solid Waste Proposal and was advised that the Town Board declared themselves lead agency for this project and made various recommendations to the Joint Garbage Commission. 3. Leonard Martin inquired as to the status of the Con Edison litigation and Counsel advised that he would give an update on that matter at the next meeting. THE TOWN CLERK Regular Reports The Town Clerk presented the report of the Town Clerk's Office for the month of June as well as the Building and Plumbing Report for the month of May. -12- 201 REPORTS OF THE COUNCILMEN Councilman Bloom reported on the following: a) Traffic Committee meeting which he attended on July 9, 1984, and the last meeting of the Human Rights Committee. b) an inquiry to the Town Administrator about the refurbishing II/ of the Memorial Park monument. c) favorable comments from residents of the Chatsworth Garden Apartments in reference to Department of Transportation and the Myrtle, Murray, Chatsworth intersection. Councilman Amlicke reported on the following: a) an inquiry concerning the status of the parking on Palmer Avenue in the area of Elkan Road and the painting of the lines and installation of signs. Mr. Altieri explained it was being done that same day. b) question of the reimbursement from Winged Foot Golf Club for traffic control during the Golf Tournament... Mr. Altieri explained that all the costs have not yet been compiled and that when they are, they would be submitted to Winged Foot. c) the status of the updating of natural resources. d) information supplied by Conservation Advisory Commission that Mr. Bass, who collects metals, may discontinue unless a better job is done in crushing. Councilman Lerman reported on the following: a) Coastal Zone Management trying to draft proposal geared toward protection of the environment and urged everyone to fill out questionnaire which was. in The Daily Times, along with the letter written by Supervisor Battalia and Mayor Curnin. b) that the Committee on the Disabled is preparing an analysis of the Town's facilities. ADJOURNMENT There being no further business to come before this Board, on motion by Councilman Amlicke, seconded by Councilman Bloom, this meeting::was declared adjourned at 11:10 p.m. Town Clerk -13-