HomeMy WebLinkAbout1984_11_07 Town Board Regular Minutes 2£8
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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
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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.
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(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.
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,} ,� 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
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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.
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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:
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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