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HomeMy WebLinkAbout1984_11_07 Town Board Regular Minutes 2£8 • MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 7TH DAY OF NOVEMBER 1984 IN THE BOARD ROOM AND COURT ROOM OF THE LARCHMONT VILLAGE HALL, LARCHMONT AVENUE, VILLAGE OF III LARCHMONT. IIICONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:30 p.m. in the Court Room of the Larchmont Village Hall. Present were the following representing all members of the Board: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence Lerman Town Administrator Stephen V. Altieri, Town Counsel Steven M. Silverberg and Assessor, George Derderian were also present. On motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board will recess into Executive Session in the Board Room to discuss personnel and certiorari matters. The Board discussed pending certiorari settlements with the Assessor. The Board also discussed matters of personnel relative to the Police Department and matters of litigation. Thereafter, on motion by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously resolved to adjourn the Executive Session at 8:23 p.m. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. III BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:30 p.m. in the Court Room of the Larchmont Village Hall. Present were the following representing all members of the Commission: Commissioner Dolores A. Battalia Commissioner Lee H. Bloom Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence Lerman -1- 289 Also present were: Dorothy S. Miller, Town Clerk Carol Acocella, Deputy Town Clerk Stephen Altieri, Town Administrator Steven Silverberg, Town Counsel George Derderian, Assessor Carmine DeLuca, Comptroller Ill1. Claims Commissioner Lerman presented fire claims for authorization of payment and on motion by Commissioner Bloom, seconded by Commissioner Amlicke, 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: Bado Foods, Inc. $3,425.00 Raymond Baron 175.00 R.G. Brewer, Inc. 12.81 Dri-Chem Extinguisher Co. 135.10 New Rochelle Water Co. 127.95 New York Telephone Co. 66.28 New York Telephone Co. 1,019.10 RAD Oil Co. 387.74 Roberts Department Store 219.55 Suburban Communications, Inc. 250.00 Technical Electronics 63.85 Lieutenant Kenneth Valle 30.00 $5,912.38 ADJOURNMENT There being no further business to come before this Commission, on motion duly made and seconded, it was unanimously resolved that this meeting be adjourned at 8:33 p.m. RECONVENE REGULAR MEETING At this time, on motion duly made and seconded, it was unanimously resolved that the Regular Meeting be reconvened. At this time the order of the Agenda was changed and Item #3 under AFFAIRS OF THE TOWN was taken up. • 3. Request for Certiorari Settlements (a) Kalmanash vs. Town of Mamaroneck Following. the Assessor's explanation and his recommendation to the Board, on motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that,in accordance with the terms recommended by the Assessor, this Board hereby authorizes the settlement of certiorari proceeding - Kalmanash vs. Town of Mamaroneck - for assessment years 1983 and 1984. -2- 290 (b) Soundview Apartments Company a/k/a Garden Homes Management vs. Town of Mamaroneck and Village of Mamaroneck Following the Assessor's explanation and his recommendation to the Board, on motion by Councilman Bloom and seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that in accordance with the terms recommended by the Assessor, III this Board hereby authorizes the settlement of certiorari proceeding- Soundview Apartments Company a/k/a). Garden Homes Management vs. Town of Mamaroneck and Village of Mamaroneck -for assessment years 1980 through 1984. The regular order of the Agenda was resumed at this time. PUBLIC HEARING - Adjourned-Special Permit Application Power Test 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 reopened. The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. IIIA discussion was held to consider the Special Permit Application to construct an addition to the existing service station building in order to provide for a mini-mart convenience store and to alter the existing gasoline pumps for self-service. Town Counsel explained that the existing Building Code would not permit combinations of uses. Although the new uniform State Building Code supercedes local law, it does not deal with this �0 issue and therefore, he felt, it would not supercede our local ;, Building Code within this area. cl X �.;-�. ,} ,� cJ A hand delivered letter signed by twenty-five residents of the �fX ' Y9'✓w area was introduced. They objected to the addition adamantly and - cY'', emphasized the fact that they already have three gasoline .stations C'' and a fast food restaurant and did not wish to add further to this congested area especially since there is already in existence a 0 -' grocery store and a thrift bread and milk store, also within this ;Sly area. ti C _ ' At this time, on motion by Councilman Lerman and seconded by Councilman Amlicke, it was unanimously • RESOLVED, that the Public Hearing be, and it hereby is, declared closed. ill Thereafter, on move for denial by Councilman Lerman, seconded by Councilman Bloom and by a roll-call vote of the Board, it was unanimously -3- 291 RESOLVED, that this Board hereby denies permission to Power Test Gasoline Station for construction of an addition to the existing building and altering of existing gasoline pumps on property known as Block 505, Parcel 415, located at 2385 Boston Post Road. Lee H. Bloom VOTING aye Lawrence A. Lerman VOTING aye Thomas R. Amlicke VOTING aye Caroline Silverstone VOTING aye Dolores Battalia VOTING aye PUBLIC HEARING - Revenue Sharing Funds-1985 On motion duly made and seconded, it was unanimously RESOLVED, that this Public Hearing be, and it hereby is, declared open. The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Mr. Altieri explained the purpose of the public hearing and enumerated items listed and briefly described the basis for each. Councilman Lerman stated that some funds should be used for some items enumerated on the list made up by the Committee on the Handicapped--telephones and TTY machines to be used by the handicapped, changes at Myrtle Park (discuss with Board of Education) , renovations at Pool and access to polling places that are not presently so. He elaborated on how handicapped can be employed in various recreation areas. Councilman Bloom spoke re funds from Urban County for work on flood control. Councilman Amlicke stated that the perennial problem of oil in sanitary and storm sewers exists and the C.A.C. is checking into oil traps and asked the C.A.C. Chairman, Dr. Mason, to explain how it works and the cost factor involved. Dr. Mason did so and explained that the cost varies with size and that day-to-day drainage could amount to tens of thousands of dollars to treat as a whole so that a smaller project would be a more viable approach. Councilwoman Silverstone spoke about the changes in Myrtle Park and felt that there is a need to hire a designer to look at this project • with an eye toward updating as well as handicap accessibility as a way to utilize urban county funds. Councilman Amlicke felt it may be wiser to look for a volunteer architect to do the job. Mr. Engel. brought up ideas for safety in items to be replaced and noted those persons or businesses worth contacting, to which Councilwoman Silverstone agreed to contact Mr. Engel in regards to these ideas and contacts. John Troy made reference to the use of the Hommocks Pool and the difficulties for both the elderly and handicapped in getting into and out of the Pool, to which Councilman Lerman advised of the newly installed hydraulic lift and specifically described how it works. -4- 4. Mr. Engel made mention of permanent or temporary ladder or stairs for the Pool and Supervisor Battalia asked that he articulate these concerns to the Board of Education. Councilman Amlicke added that he will pass these concerns to the Pool Committee but strongly urged they be only temporary or removable and not masonry. He also added that there be a constant upkeep by closing the Pool twice yearly. IIIBased upon the recommendations and comments received, it was decided by the Town Board that this Hearing be adjourned to November 21, 1984. Thereafter, on motion by Councilman Lerman, seconded by Councilman IIIAmlicke, it was unanimously RESOLVED, that the Public Hearing be adjourned to November 21, 1984. PUBLIC HEARING - Proposed Local Law No. 7-1984-Abandoned Vehicles After a brief explanation of the purpose of this law by the Town Counsel, on motion by Councilman Amlicke and seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. III Richard Mari raised questions about how the provisions of the proposed law will be implemented with respect to identifying and contacting vehicle owners. Supervisor Battalia mentioned that residents of Hillcrest Road had brought to her attention the conditions of the parking lot behind the Weaver Street Firehouse. She also entered into the record a letter received by James Brenner of 207 Weaver Street, Town. Some discussion ensued about the number of towing companies to be involved and the control of fees, all of which were answered by Counsel. Supervisor Battalia added that the towing company is bound by County fees. Councilman Amlicke desired to change Section 2a. to read one or more, instead of two or more towing companies, about which further discussion followed. On motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. IIIThereafter, on motion by Councilman Bloom, seconded by Councilwoman Silverstone, the following resolution was adopted by unanimous vote of this Board: -5- 293 WHEREAS, the 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. 7-1984 and has heard all persons desiring to be heard thereon; NOW, THEREFORE BE IT RESOLVED, that this Board does hereby adopt Local Law No. 7-1984 entitled "Abandoned Vehicle Law" and orders that said Local Law as so adopted and • herewith inserted, be made a part of the minutes of this meeting: LOCAL LAW NO. 7-1984 This local law shall be known as "Abandoned Vehicle Law." Section 1. Abandoned Vehicles An abandoned vehicle shall be the same as is defined under the Vehicle and Traffic Law of the State of New York. Section 2. Towing of Abandoned Vehicles a. The Administrator of the Town of Mamaroneck shall be empowered to enter into contracts with two or more towing companies to tow and impound and store abandoned vehicles which are left on the streets of the Town of Mamaroneck. b. Such towing companies shall tow, impound, and store vehicles at the expense of the owner and without any charge to the Town. c. Said towing companies shall be licensed towers and act in accordance with all applicable laws, rules, and regulations concerning the towing, impounding, and storage of motor vehicles. Section 3. Severability Should a court of competent jurisdiction declare any portion of this law invalid, such declaration shall not affect any other section of the law. Section 4. Effective Date This local law shall take effect immediately. • Set Date for Public Hearing: Amendment to Local Law No. 7-1984. On motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby sets November 21, 1984 as the date for a public hearing to amend Section 2a. of Local Law No. 7-1984; -6- n � ,G c and be it 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. PUBLIC HEARING - Proposed Local Law No. 8-1984-Amendment to Local Law No. 1-1977 Supervisor Battalia requested Counsel to provide information on the proposed amendment to the Town's SEQR Local Law. Dr. Mason commented on the public hearing provision of the amendment and Councilman Bloom expressed concern on the need for integration to simplify the environmental review process. Dr. Mason noted that while the Planning Board does a superb job, he feels that if an application is controversial enough and a petition is submitted, a hearing should be held before the elected officials. Ralph Engel agreed with the comments of Dr. Mason and stated further that he does not feel these matters be handled by those who do not have to answer to the public as opposed to being handled by elected officials. who do have to answer to the public. Councilwoman Silverstone and Supervisor Battalia outlined reasons for the Planning Board to hear applications due to the approvals required under the various Site Plan, Subdivision Plat Plan, Special Permit and Environmental Quality reivews. Mr. Marshall Kaplan felt that technical expertise was necessary but that he was also against the Planning Board holding public hearings. However, in view of the time commitments of the Town Board, he suggested an appeal process. Mr. Franklin Barr felt that elected officials were accountable to the people and should make decisions. Mr. Emil Pavone felt that the real single fundamental question posed here tonight was again the issue of appointed versus elected officials' responsibilities and stated that it is a Board member's job to exercise proper judgement with advice and counsel from the Planning Board and he hoped for some conclusion that the Town Board would hold a final public hearing on planning matters in the Town. Councilman Amlicke questioned whether the Planning or Zoning Board will go along with the updated Master Plan when it is in place in a year or two. He felt that unless there were very good reasons for giving powers to the Planning Board, he could not go along with either change in the law. 4 Councilman Bloom, in view of issues raised during the Hearing, and the fact that there were amendments to SEQR law which had been proposed some time ago and were under study by Counsel, felt it would be more desirable to consider all of these matters at the same time and therefore recommended that this Hearing be closed to allow Counsel time to prepare a revised draft. After further discussion, it was the decision of the Board to refer the SEQR Amendment back to Counsel for further research. -7- 295 Thereafter, on motion duly made and seconded, it was unanimously RESOLVED, that this Public Hearing be, and it hereby is, declared closed. PUBLIC HEARING - Proposed Local Law No. 9-1984-Amend Zoning Ordinance Town Counsel, Steven Silverberg, explained the reason for the proposal and enumerated sections contained therein. On motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Councilman Bloom reviewed special permit procedures and the background of the procedures. Supervisor Battalia stated that special permits should be handled by the Planning Board so that this procedure might be tied into Site Plan review. The same Board handling both of these procedures may provide better control in handling of these applications. Dr. Mason noted that he felt the Planning Board should handle Special Use Permit applications. Councilwoman Silverstone noted that this procedure is presently quite cumbersome and explained it step-by-step, noting how long (three to four months) it could take and she felt the procedure should be simplified. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Hearing be, and it hereby is, declared adjourned to a later date. The Minutes of the Regular Meeting of September 19, 1984 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Bloom, were unanimously approved as corrected. • AFFAIRS OF THE TOWN 1. Appointment - Tenants Council On motion by Couuncilwoman-,Silverstone,:_seconded. by Councilman Lerman, it was unanimously, RESOLVED, that Wayne G. Sternemann is hereby appointed to the Tenants' Council to serve at the pleasure of the Board. -8- 26 Appointment - Cable TV On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby reappoints Mary Anne Sullivan and Lester Brown to the Advisory Committee III to the Larchmont-Mamaroneck Cable TV Board of Control for the term ending November 8, 1985 and November 8, 1986 respectively. 2. Report on Town Administrator's Position The above-captioned item was adjourned until the next meeting, including a letter from the League of Women Voters of Larchmont which will be read at the next meeting. 3. Item number was taken earlier in the meeting. 4. Request for Authorization re: Consulting Engineer After an explanation by the Town Administrator, Steven Altieri, and some clarifications to questions asked concerning the agreement with Malcolm Pirnie, Inc. to provide consulting engineering services to the Town and subject to comments made and taken into account by Counsel in drawing up the agreement, on motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Administrator is hereby authorized to enter into an agreement with the Firm of Malcolm Pirnie, Inc. to provide engineering services to the Town of Mamaroneck pursuant to the attached agreement. 5. Authorization re: Concession Ice Rink Upon recommendation by the Town Administrator and on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Town Administrator is hereby authorized to enter into an • agreement with Mr. John Chevalier of 18 Rock Ridge Road for rental of the concession stand located at the Hommocks Ice Rink for $250.00 per month, commencing November 10, 1984 and ending March 17, 1985. -9- 297 6. Salary Authorization - Recreation On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that as provided for in the 1984 Town Budget, this Board hereby authorizes the following salary expenditures to the persons named on the list annexed hereto, for the terms of employment and at the rate of compensation for each as set forth: ® Lester Wauchope, Manager, Hommocks Park Ice Rink, $5.00/hour effective retroactive 10/15/84, replacing Robert Lunde; Al Wallen, Custodian, Hommocks Park Ice Rink, $5.00/hour, effective 11/10/84; Peter Manion, Skate Guard, Hommocks Park Ice Rink, $3.50/hour, effective 11/10/84; Jeffrey Baumblatt, First Aid, Hommocks Park Ice Rink, $3.50/ hour, effective 11/10/84; David Sandoval, Rec. Attendant, Hommocks Park Ice Rink, $3.35/hour, effective 11/10/84; Oliver Gill, Sr. Recreation Leader, Youth Hockey, $20.00/hour, effective 11/10/84; Alexander Fletcher, Sr. Recreation Leader, Youth Hockey, $20.00/hour, effective 11/10/84; Donald Paglieri, Rec. Assistant, Youth Hockey, $11.00/hour, effective 11/10/84; Arthur Morgan, Rec. Assistant, Youth Hockey, $11.00/your, effective 11/10/84; Kim Eaton, Rec. Assistant, Youth Hockey, $10.00/hour, effective 11/10/84; Henry Margotta, Rec. Assistant, Youth Hockey, $10.00/hour, effective 11/10/84; Russell Wolff, Rec. Assistant Youth Hockey, $3.00/hour, effective 11/10/84; Mark Reda, Rec. Assistant,Youth Hockey, $3.00/hour, effective 11/10/84; Nick Ardito, Rec. Assistant, Youth Hockey, $3.00/hour, effective 11/10/84; • John Moody, Rec. Assistant, Youth Hockey, $3.00/hour, effective 11/10/84; Jon Jacoby, Rec. Assistant, Youth Hockey, $3.00/hour effective 11/10/84; Peter Treacy, Swim Instructor, Hommocks Pool, $12.00/session, and Deborah Woods, Swim Instructor, Hommocks Pool, $12.00/session, both effective retroactive 10/13/84; James McNerney, Sr. Rec. Leader, Basketball $30.00/session, effective retroactive 10/20/84. -10- nr 8 WRITTEN COMMUNICATIONS Supervisor Battalia read a letter of resignation from the Zoning Board of Appeals sent to her by Mr. Egbert R. Hardesty, who, she noted, travels quite a bit in his line of business. ORAL COMMUNICATIONS there were no oral communications to come before the Board at this time. • THE TOWN CLERK Regular Reports The Town Clerk presented the Building and Plumbing Report for the month of October 1984. THE SUPERVISOR Reports Supervisor Battalia: 1. reported that Joe Fisch has been awarded special citations from both the International Association of Chiefs of Police and the New York State Association of Police Chiefs for his contributions to law enforcement. 2. stated that she will be receiving the Draft E.I.S. in connection with the County's proposed takeover of the transfer station within the next two weeks. 3. informed the Board that Mayor Curnin and she will be attending the November meeting of the Joint Planning Group to consider the amount of funds to be placed in the 1985 budget. REPORTS OF THE COUNCILMEN AND COUNCILWOMAN Councilwoman Silverstone announced that a gift of a Rhodes 19 Sailboat, jointly owned by David Willey, Michael Lesch and Gerald Kolbert, was donated to the Town's sailing program. Councilman Bloom had no report to give at this time. • Councilman Amlicke: 1. reported that the Westchester Department of Planning, when they met with the Joint--_Planniiig, Group at the first meeting of October 29th, had a problem with the scope of the Master Plan and the feeling of the Joint Planning Group is that they not jump into hiring someone but try to do some of the initial work themselves. 2. requested an update on the Freshwater Wetlands Act from Dr. Alan Mason, chairman of the Conservation Advisory Commission. -11- - • 2if9 Councilman Lerman reported that November is Youth Month throughout Westchester County and that several groups have planned celebrations. He than presented the following Proclamation: P R O C L A M A T I O N WHEREAS, the youth of our Community have participated in multiple activities and projects which have benefited all of our Citizens; and • WHEREAS, they have represented us beyond the borders of the Town of Mamaroneck in such manner as to reflect positively on our way of life and be worthy of praise; and WHEREAS, the youth of our Community clearly represent a most precious resource; NOW, THEREFORE BE IT RESOLVED, that November 1984 be proclaimed Youth Month throughout the Town of Mamaroneck in recognition of the productive and responsible role of our Youth in current Community affairs and in anticipation of future involvement in, and contribution toward, the quality of life in the Town. In witness thereof I have hereunto set my hand and caused the seal of the Town of Mamaroneck to be affixed this 7th day of November 1984. Dolores A. Battalia Supervisor For the Town Council Dated: November 7, 1984 At this time, there being no further business to come before the Board, • on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously declared that this meeting be adjourned in memory. of Mayor Sharpe of Mount Vernon and Lilian Caprice, at 11:52 p.m. -12-