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HomeMy WebLinkAbout1984_11_21 Town Board Regular Minutes 31.5 MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD ON THE 21st DAY OF NOVEMBER 1984 IN THE JUDGES' CHAMBERS AND THE COURTROOM AT THE MAMARONECK VILLAGE HALL, 169 MT. PLEASANT AVENUE, MAMARONECK VILLAGE. CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:45 P.M. in the Auditorium. Present were the following: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence Lerman was not in attendance at this meeting. Stephen V. Altieri, Town Administrator was also present. On motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board will recess into Executive Session in the Judges' Chambers to discuss matters of personnel. The Board discussed personnel matters relating to the Town's Attorneys and Police Commissioner. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously resolved to adjourn the Executive Session at 8:20 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. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:21 P.M. in the Courtroom of the Mamaroneck Village Hall. Present were the following: Commissioner Dolores A. Battalia Commissioner Lee H. Bloom Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence Lerman was not in attendance at this meeting. -1- • 31.8 Also present were: Dorothy S. Miller, Town Clerk Carol A. Acocella, Deputy Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Counsel to the Town III 1. Claims Commissioner Bloom presented fire claims for authorization of payment and on his motion, 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: AAA Emergency Supply Co. , Inc. $ 92.52 R.R. Brewer, Inc. 2.67 Con Edison 35.19 Con Edison 2.00 Con Edison 3.0,2 Dri-Chem Extinguisher Co. 115.75 Dri-Chem Extinguisher Co. 187.50 ESCO (Exterminating Services) 18.24 Guardian Electric Corp. 30.00 Lawrence Heat & Power Corp. 307.29 Portronix Corp. 314.90 Town of Mamaroneck Professional Firefighters Association 110.04. Town of Mamaroneck Professional Firefighters Association 55.02 Uniform Rental, Inc. 25.96 $1,300.10 ADJOURNMENT There being no further business to come before this Commission, as suggested by Commissioner Battalia, it was unanimously decided that this meeting be adjourned at 8:24 P.M. in memory of Reverend Kenneth O'Connell, Chaplain of the Town of Mamaroneck Fire Department who passed away on this date. RECONVENE REGULAR MEETING At this time, on motion by Councilman Amlicke seconded by Council- woman Silverstone, it was unanimously resolved that the regular meeting be reconvened. PUBLIC HEARING - Revenue Sharing Funds-1985 Supervisor Battalia explained that although the proposed uses of Federal Revenue Sharing Funds for 1985 were discussed during a Public Hearing at the previous meeting held in Larchmont Village, it was decided to continue the Hearing at this meeting for the benefit of Mamaroneck Village residents. -2- 317 On motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared reopened. The Town Administrator enumerated the changes made in the proposed uses since the last meeting and some discussion followed with respect to the refurbishing of the monument in Memorial Park and the cost thereof. Thereafter, since there was no further discussion on the matter, on motion by Councilman Bloom seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, closed. Thereupon, on motion by Councilman Bloom, who stated that the Board does not have to be bound to this proposal and could still make changes, seconded by Councilwoman Silverstone, the following resolution was unanimously adopted: WHEREAS, this Town Board has met on this date and also on November 7, 1984 at the times and places specified in the Notices of Public Hearing on the Proposed Uses of Federal Revenue Sharing Funds for the year 1985 and has heard all persons desiring to be heard thereon; NOW, THEREFORE BE IT RESOLVED, that this Town Board does hereby adopt the Proposed Schedule of Spending of Federal Revenue Sharing Funds in the amount of $166,150. as a part of the 1985 Budget for the fiscal year beginning on the first day of January 1985, the itemized statement of expenditures hereto attached and made a part of this resolution; and it is further RESOLVED, that in accordance with the Amendments to the Federal Revenue Sharing Act, said adoption is made subject to a subsequent Hearing to be held in conjunction with the Budget Hearing on December 5, 1984. PROPOSED FRS SPENDING FOR 1985 GENERAL FUND - GENERAL TOWN DEPARTMENT ITEM AMOUNT 1. GENERAL RECREATION LAMINATOR $ 1,000.00 2. POOL OUTSIDE FURNITURE 1,000.00 3. POOL POOL MAINTENANCE 62,000.00 4. YOUTH PROGRAMS FILM MACHINE 3.000.00 5. EMPLOYEE BENEFITS RETIREMENT 9,750.00 6. TRANSFER TO CAPITAL PROJECTS TRUCK (RECREATION) 7,500.00 $84,250.00 -3- 318 GENERAL FUND - PART TOWN 1. TRANSFER TO CAPITAL PROJECTS POLICE CARS (4) $50,000.00 2. TRAFFIC CONTROL TOPICS 17,000.00 3. MEMORIAL PARK PLAYGROUND EQUIPMENT 2,400.00 4. MEMORIAL PARK MONUMENT REFURBISHING 3,500.00 $72,900.00 HIGHWAY 1. TRANSFER TO CAPITAL PROJECTS AUTOMOBILE $ 9,000.00 TOTAL $166,150.00 PUBLIC HEARING - Proposed Local Law #10-Receiver of Taxes The Supervisor explained that the reason for considering said local law is to correct the situation pointed out in the State Auditor's Report and thereupon, on motion by Councilman Amlicke seconded by Councilman Bloom, 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 Notice of Hearing for the record. Councilman Bloom reviewed the background of the position which was previously elected. Counsel Silverberg clarified Section 2 of the law in answer to the query by Ralph Fisher. Thereupon, since there was no further discussion on the matter, on motion by Councilwoman Silverstone seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereafter, on motion by Councilman Bloom seconded by Councilwoman Silverstone, the following resolution was adopted by unanimous vote of the Board: WHEREAS, this Town Board has met on this date, at the time and place specified in the Notice of Public Hearing to consider the adoption of Local Law No. 8-1984 and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law No. 8-1984 entitled "Receiver of Taxes," and orders that said Local Law as so adopted and herewith inserted be made a part of the minutes of this meeting -4- • 319 Local Law No. 8 of 1984 This Local Law shall be entitled "Receiver of Taxes." Section 1. Intent It has been determined by the Town Board of the Town of Mamaroneck that it is appropriate for the efficient and successful administration of the property, affairs, and government of the Town of Mamaroneck to have a Receiver of Taxes who is appointed by the Town Board. Therefore, this Local Law is adopted pursuant to the authority vested in the Town under Municipal Home Rule Law, Section 10. Section 2. Definition The Receiver of Taxes shall have such duties and authorities as are proscribed under the Town Law of the State of New York and the Westchester County Tax Law. Section 3. Method of Selection and Term of Office The Receiver of Taxes shall be appointed by the Town Board and shall serve at the pleasure of the Town Board. Section 4. Salary and Benefits Receiver of Taxes shall receive such salary and other benefits as shall be determined by the Town Board at the time of appointment and from time to time thereafter. Section 5. Severability Should any section of this Law be declared unconstitutional or otherwise invalid by any court of competent jurisdiction, then such declaration shall not affect the validity of any other section of this Local Law. Section 6. Effective Date This Local Law shall become effective immediately. • PUBLIC HEARING - Proposed Local Law #11 - Amend Local Law #7 Abandoned Vehicles The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Following the Supervisor's explanation for considering the change, on motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is declared open. -5- Councilman Amlicke, who had suggested the change of wording in Section 2 of Local Law #7, explained it would allow the Administrator more flexibility in contracting with towing companies by allowing him to contract with one company if that is all that is available or willing to do the job. When Supervisor Battalia asked the Administrator the status of a contract for towing services, Mr. Altieri answered that only preliminary discussions have taken place thus far. Thereafter, since there was no further discussion on the matter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. On motion by Councilwoman Silverstone, seconded by Councilman Bloom, the following resolution was adopted by unanimous vote of the Board: WHEREAS, this Town Board has met on this date, at the time and place specified in the Notice of Public Hearing to consider the adoption of Local Law No. 9-1984 and has heard all persons desiring to be heard thereon; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt Local Law No. 9-1984 entitled "Amend Local Law No. 7 Abandoned Vehicles," and orders that said Local Law as so adopted and herewith inserted be made a part of the minutes of this meeting: Amend Section 2a of Local Law No. 7-1984 Abandoned Vehicles to read as follows: The Administrator of the Town of Mamaroneck shall be empowered to enter into contracts with one or more towing companies to tow and impound and store abandoned vehicles which are left on the streets of the Town of Mamaroneck. APPROVAL OF MINUTES The minutes of the Special Meeting of November 8, 1984 were •presented, and on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, were unanimously approved as corrected. The minutes of the Special Meeting of November 12, 1984 were presented, and on motion by Councilman Bloom, seconded by Council- woman Silverstone, were unanimously approved as corrected. The minutes of the Special Meeting of November 14, 1984 were presented, and on motion by Councilwoman Silverstone, seconded by Councilman Bloom, were unanimously approved as corrected. ORAL COMMUNICATIONS 1. At this time the order of the agenda was changed and Ralph Fisher addressed the Board with respect to the discussion of the Larchmont Reservoir which took place at the Special Meeting of November 14. He referred specifically to Mayor Cumin's request to the Board for the Town to defray certain costs for work on the dam. Councilwoman Silverstone and Councilman Amlicke -6- 321 explained how both the Town and Village of Mamaroneck benefit from flood control measures at the reservoir. Supervisor Battalia advised Mr. Fisher that no decision has been made on the Mayor's request since more work on the budget is yet to be done. Councilman Bloom added that the Village Board felt that since they had dedicated the reservoir property, and since the Town had expressed a willingness to buy the property, they felt that the Town should pay for the maintenance. 2. At this time Councilman Bloom reminded Ralph Fisher that the only contributions to the Town Center Renovation Fund received thus far are those of Mr. Bloom and Mr. Fisher and asked if the Civic Association intends to go forth and solicit additional contributions. Mr. Fisher advised that since it was only recently that action was taken on said renovations, his organization had not yet begun work on soliciting funds and would now begin and asked the newspaper to publicize the drive. AFFAIRS OF THE TOWN 1. Appointment - Narcotics Guidance Council On motion by Councilman Bloom, seconded by Councilwoman, it was unanimously RESOLVED, that this Board hereby accepts the recommendation of the Larchmont- Mamaroneck Narcotics Guidance Council to appoint Mr. Rodger Goddard as a part- time clinical psychologist at the Community Counseling Center. 2. Set Public Hearing Date - Local Law #9 Amend Zoning Ordinance Counsel Silverberg reviewed the reason for delaying the adoption of this local law. Supervisor Battalia then made inquiry as to the status of a special permit at the end of the 2-year period provided for under the proposed law since a local resident who had reviewed the law had inquired as to the status of previously issued permit while the renewal application was pending. Counsel answered that provisions will be made in the rules and regulations to handle this situation because it will not be a full application procedure, but a review. Councilman Bloom noted that he had raised that same issue with Counsel. On motion by Councilman Amlicke, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby sets December 19, 1984 as the date for a Public Hearing on proposed Local Law #9-1984, a local law to amend the Special Permit Application procedure; 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. -7- 322 3. Special Permit Application - Referral to the Planning Board Counsel advised that the plans for the automobile dealership have already been submitted to the Planning Board by the Applicant during the pre-conference requirement of the Site Plan Approval Ordinance. On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Special Permit Application, requesting permission for the sales, service and repairs of motor vehicles, submitted by John D. D'Elia for a Honda Dealership at Palmer Avenue and Harrison Drive, is hereby referred to the Planning Board for its study and recommendations and report back to the Town Board. 4. Authorization - Con Edison Litigation Counsel Steven Silverberg expounded on his memorandum and the backup material provided to the Board emphasizing that it is necessary to obtain the appraisals in order to properly defend the case. On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, ,that this Board hereby authorizes Special Counsel for the Con Edison litigation to retain the services of an appraiser at a cost to the Town of $1,000; and be it further RESOLVED, that the Town will appropriate funds to cover 1/18th of 15% of the related litigation costs. 5. Authorization - Fire Hydrant Rental Rate The Town Administrator reviewed the matter and on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby adopts the recommendation of the Westchester Joint Water Works to increase the fire hydrant rental rates as follows: January 1, 1985 - $28.75 per hydrant per quarter January 1, 1986 - $31.25 per hydrant per quarter. -8- 323 6. Approval - Amendments-Public Housing Agency Contract The Town Administrator reviewed his memorandum to the Board, noting that the term of the Annual Contributions Contract has been changed from five (5) to two (2) years and that there will be no change in the level of funding. Further clarifications were made by Councilman Bloom and Councilwoman Silverstone who also expressed her concern that the two-year period could adversely affect tenants. On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby authorizes the Supervisor, as Director of the Public Housing Agency, to execute the amendment to the Annual Contributions Contract between the United States Department of Housing and Urban Development and the Town of Mamaroneck. 7. Authorization - Sale of Surplus Equipment Following Mr. Altieri's enumeration of the previous uses of the cars to be sold, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby declares the following list of vehicles as surplus equipment and authorizes the Town Administrator to sell said vehicles: 1974 Ford Ranch Wagon - Four Door, 8 cylinder with AM/FM & A/C & Heater 1975 Chevrolet Malibu - Four Door, 8 cyclinder with AM/FM & Heater 1980 Plymouth Volare - Four Door, 8 cyclinder with A/C 8. Appointment - Community Services Pursuant to Mr. Altieri's explanation, on motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Administrator is hereby authorized to appoint Elaine Samuels to the position of Rent Subsidy Administrator at her current annual salary of $27,100. 9. Salary Authorizations - Recreation Mr. Altieri reviewed the list under consideration and during the discussion that followed, clarified Stephen Savino's duties and contract. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the following Recreation Department salaries are hereby authorized: -9- 34 Stephen Savino, Sr. Rec. Leader, Figure Skating Program, total salary $5,760.00, effective retroactive to 11/13/84; Brian Savino, Rec. Asst. , Figure Skating Program, $10,00 per half hour, effective retroactive to 11/18/84; Tracy Savino, Rec. Asst. , Figure Skating III Program, $10.00 per half hour, effective retroactive to 11/18/84; Julie Friedman, Rec. Asst. , Figure Skating Program, $10.00 per half hour, effective retroactive to 11/18/84; Penny Doyle, Rec. Asst. , Figure Skating Program, $10.00 per half hour, effective retroactive to 11/18/84; Charles Carapaza, Rec. Asst. , Figure Skating Program, $10.00 per half hour, effective retroactive to 11/18/84; Timothy Codispoti, Rink Mgr. , Hommocks Park Ice Rink, $5.00 per hour, effective retro- active to 11/17/84, replacing Lester Wauchope; Amy Friedman, Rec. Attendant, Hommocks Park Ice Rink, $3.00 per hour, effective retro- active 11/10/84; William Kirkpatrick, Rec. Attendant, Hommocks Park Ice Rink, $3.00 per hour, effective retroactive to 11/10/84; Melanie Becker, Rec. Attendant, Hommocks Park III Ice Rink, $3.75 per hour, effective retroactive to 11/10/84. NOT ON AGENDA At this time the matter of the Draft Environmental Impact Statement relative to the proposed Transfer Station was raised. It was decided that this should be discussed at the forthcoming Special Meeting on November 28th and the Supervisor asked the Clerk to include such discussion in the Notice of Meeting. WRITTEN COMMUNICATIONS There were no written communications to come before the Board. ORAL COMMUNICATIONS This item was taken up earlier in the meeting. IITHE TOWN CLERK Regular Reports The Town Clerk presented the report of the Town Clerk's Office for the month of October 1984. -10- 3)5 THE SUPERVISOR - Reports Supervisor Battalia reported that she and Mayor Curnin would be attending the meeting of the Joint Planning Advisory Group on Monday, November 26th to discuss with the Group appropriations which may be required to update the Master Plan. REPORTS OF THE COUNCILMEN AND COUNCILWOMAN Councilman Bloom had no reports to present to the Board at this time. Councilman Amlicke inquired as to the status of the complaint by residents of Sheldrake Avenue relative to the increase of traffic on their street. Some discussion followed and it was noted that the Police Department has conducted a study which shows minimal impact on the area. The Supervisor noted that one of the difficulties voiced by the Chief of Police was that the children use the street as a playground. Councilwoman Silverstone reported on her meeting with Recreation Superintendent William Zimmermann and a Consultant on Parks during which the redesign of Myrtle Park was discussed with reference to getting the best for the least amount of money. Supervisor Battalia announced that the Coastal Zone Management Committee will hold a public hearing at their meeting at 8:15 P.M. on Tuesday, November 27th at the Village Center. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 9:25 P.M. Town Clerk -11-