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HomeMy WebLinkAbout1985_01_23 Town Board Regular Minutes n 41 X71 MINUTES OF THE REGULAR MEETINGS OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK HELD ON THE 23RD DAY OF JANUARY 1985 IN THE COUNCIL ROOM AND THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. I CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:30 P.M. in the Auditorium. 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 and Counsel to the Town, Steven M. Silverberg were 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 Council Room to discuss matters of litigation. The Town Board discussed candidates for the Zoning Board of Appeals and pending litigation matters before the Town. Thereafter, on motion by Councilman Lerman seconded by Councilman Bloom, 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 8:23 P.M. in the Auditorium. 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 A. Lerman -1- Also present were the following: Dorothy S. Miller, Town Clerk Stephen V. Altieri, Town Administrator Steven M. Silverberg, Counsel to the Town 1. Claims Commissioner Amlicke 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: Con Edison $ 55.39 Con Edison 2.00 Con Edison 3.02 Larchmont Appliance Service 108.50 Lawrence Heat & ,Power Corp. 490.45 Portronix Communications 314.90 Suburban Communications, Inc. 87.40 $1,061.66 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 8:27 P.M. RECONVENE REGULAR MEETING At This time, on motion duly made and seconded, it was unanimously resolved that the Regular Meeting be reconvened. APPROVAL OF MINUTES The minutes of the Regular Meeting of October 3, 1984 were presented and, following a brief discussion relative to the corrections, on motion by Councilman Bloom, seconded by Councilwoman Silverstone, were unanimously approved as corrected. The minutes of the Special Meeting of January 19, 1985 were presented and, on motion by Councilman Bloom seconded by Councilman Amlicke, were unanimously approved. -2- 13 APPOINTMENT - COMMISSIONER OF POLICE Supervisor Battalia explained the procedure followed by this Board during the search and selection process and presented a brief biographical sketch of the final candidate. Thereafter, on motion by Councilman Bloom seconded by Councilwoman Silverstone, the following resolution was adopted by majority vote of the Board, with Councilman Lerman.abstaining from the vote: RESOLVED, that this Board hereby appoints Arthur T. Dallas of 37 Sandford Street, Rye, New York as Commissioner of Police for the Town of Mamaroneck at an annual salary of $47,000; and be it further RESOLVED, that the Town Administrator is hereby authorized to execute a letter of agreement for the appointment of the Commissioner of Police. Prior to the vote, Councilman Lerman explained his decision to abstain from the vote and stated, "Last October I did not vote in favor of creating the position of paid police commissioner when. the Town Council passed legislation establishing the post. At that time, I stated that I did not feel such a measure was necessary to solve the Police Department's leadership problem, and that the Council might well be acting with undue haste. My position has not changed, and for this reason, I cannot vote in favor of the resolution authorizing the Commissioner's salary. My decision should not be construed as being critical of the appointee. Indeed, _ Lieutenant Dallas comes to us with excellent credentials, and I am convinced he has the ability and dedication to serve the Town well. I wish him well, and assure him and the Department of my complete support." Supervisor Battalia administered the Oath of Office to Mr. Dallas, who then introduced the members of his family. In answer to a query, the Supervisor stated that Mr. Dallas assumes his duties immediately upon taking the Oath of Office and further stated that at 10:00 A.M. on Thursday at the Town Offices, a press conference will be held to which all are invited. PRESENTATION - WESTCHESTER COUNTY DEPARTMENT OF ENVIRONMENTAL FACILITIES re INFLOW AND INFILTRATION OF SANITARY SEWERS The Supervisor introduced Robert Matarazzo, Project Administrator, and Anthony Piscionere, Senior Engineering Technician, both of the above captioned Department. They explained .the long-standing problem throughout Westchester County of improper connections which cause sewage to back up into homes, streets and other low-lying areas, and the ways in which the County is attempting to solve the problem through the Federal Grant Program by upgrading their sewage treatment plants, pump stations and interceptors, and also procedures that can be followed by municipalities. A portion of the present- ation focused on informing residents of the type of improper connections including- inflow sources such as roof leaders, sump pumps and yard drains which discharge storm water into sanitary sewers. Visual aides were used to emphasize the problem and it was also noted that smoke detectors and dye testing are used to investigate and identify the problem. It was further noted that -3- 379 the institution of a compliance program which would include the education of the residents should be considered by the municipal- , ities, as well as the need to press state representatives for the money to implement such programs. Other recommendations were made by the County representatives such as inspection of premises before a C.O. is issued, letters to plumbers advising of the consequences of hooking up illegal connections and cooperation with surrounding communities in implementing corrective measures. It was noted that funds are not readily available. AFFAIRS OF THE TOWN 1. Appointments a) Zoning Board Councilwoman Silverstone presented the resume of a candidate in answer to that Board's request for someone with engineering background, and on her motion, which was seconded by Councilman Amlicke, it was unanimously RESOLVED, that Patrick B. Kelleher of 108 Hickory Grove Drive, West, Town, is hereby appointed as a member of the Town of Mamaroneck Zoning Board of Appeals to fill the vacancy caused by Egbert R. Hardesty's resignation, said term to expire on February 19, 1988. b) Chairman-325th Anniversary Committee On motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that Robert Semer of 45 Vine Road and Beverly Adams of 294 Murray Avenue, both Town, are hereby designated Co-Chairpersons of the 325th Anniversary Celebration Committee. NOT ON AGENDA -- Resolution-Proposed Changes in Environmental Law Counsel Steven Silverberg advised the Board of the status of the drafting of the proposed amendments and the state requirements relative to adoption of such amendments with respect to protection of the environment. Supervisor Battalia requested that upon receiving and reviewing the draft that the Board members submit any comments by a week from Friday, and thereafter, on motion by Councilman Lerman, seconded by Councilman Bloom, it was unanimously RESOLVED, that the proposed adoption of amendments to the Local Environmental Regulations will have no significant adverse impact on the environment and, therefore, a negative declaration shall be issued. -4- 2. Discussion & Decision re Draft Environmental Impact Statement - Lease of Maxwell Avenue Joint Garbage Commission Facility as Transfer Station Councilwoman Silverstone conducted this portion of the meeting and referred to the Public Hearing held at the previous meeting and presented the letter from the N.Y.S. Department of Environmental Conservation. The Town Clerk read the commun- ication from the Westchester County Division of Solid Waste Management. Councilman Lerman asked about the status of the various issues raised during the Public Hearing and on his motion, seconded by Councilman Bloom, the following resolution was adopted by majority vote of the Board: Supervisor Battalia, who had refrained from any participation whatsover in this matter, abstained from the vote because she is a Commissioner of the Joint Sanitation Commission which is the applicant for the proposed transfer station. RESOLVED, that a Final Environmental Impact Statement be prepared for the Lease of the Maxwell Avenue Joint Garbage Commission Facility as a Transfer Station taking into consideration all issues raised during the Public Hearing held on January 9, 1985 and those communications received thereafter. 3. Status Report - Town Center Renovation Town Administrator Stephen Altieri gave an update on the work at the Town Center building and reviewed the specific work already completed, noting that the demolition of the third floor is completed and the second floor almost finished with demolition work to begin shortly on the first floor. He further advised the Board that approximately $300,000 has been expended thus far and also that almost half of the excavating and grading for the parking area has been done. It was also noted that an evaluation of telephone and radio equipment for the Town Offices and the Police Department has begun; that preliminary negotiations have begun with possible tenants, including Mamaroneck Village and ended his report stating that the project is on schedule. Mr. Altieri's comment with respect to rental of the third floor precipitated a brief discussion. 4. Adoption - Bond Resolution-Purchase of Highway Equipment After Mr. Altieri's explanation that the backhoe, which has already been delivered and the sand spreader, which is expected to be delivered in a couple of weeks are the items to be purchased, the following resolution was offered by Councilman Lerman, who moved its adoption, seconded by Councilman Amlicke, to wit: BOND RESOLUTION DATED JANUARY 23, 1985. A RESOLUTION AUTHORIZING THE ISSUANCE OF $51,800 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE PURCHASE OF EQUIPMENT FOR THE USE OF THE HIGHWAY DEPARTMENT OF AND FOR SAID TOWN. -5- BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying part of the cost of the purchase of equipment for the use of the Highway Department of and for the Town of Mamaroneck, Westchester County, New York, there are hereby authorized to be issued $51,800 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid equipment is $55,800 and that the plan for the financing thereof shall consist of the issuance of the $51,800 serial bonds of said Town authorized to be issued by this resolution and by the trade-in of a 1966 Dynahoe valued at $4,000. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 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 not 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 to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year .sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. 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 date 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 such 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. -6- j The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Dolores A. Battalia VOTING Aye Lee H. Bloom VOTING Aye Caroline Silverstone VOTING Aye Thomas R. Amlicke VOTING Aye Lawrence Lerman VOTING Aye The resolution was thereupon declared duly adopted. 5. Approval of Contracts. a) Westchester Shore Humane Society, Inc. On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Supervisor and Town Clerk be, and they hereby are, authorized to execute the contract for the year 1985 between the Town of Mamaroneck and the Westchester Shore Humane Society, Inc. as provided for in the 1985 budget. b) Larchmont Library Following Comments by Councilmen Bloom and Lerman with respect to how the Library budget is generated and the rewriting of the contract in the future, on motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Supervisor and Town Clerk be, and they hereby are, authorized to execute the contract for the year 1985 between the Town of Mamaroneck, Village of Larchmont and the Larchmont Public Library as provided for in the 1985 budget. Councilman Amlicke noted that he would not vote for the next contract if it is not rewritten. 6. Report of Bids Some discussion followed the Administrator's enumeration and explanation of the bids received and thereafter, on motion. by Councilman Lerman, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for Street and Parking Lot Painting, namely M & S Striping in the amount of .06p, per lineal foot for reflectorized and .03o, per lineal foot for non-reflectorized; -7- X8.3 and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with M & M Striping for said painting. Thereafter, on motion by Councilman Lerman, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for Diesel Fuel, namely Shore Line Oil Company, Inc. in the amount of $.8155 per gallon; and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Shore Line Oil Company, Inc. for said Diesel Fuel; and be it further RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for Fuel Oil #2, namely Shore Line Oil Company, Inc. in the amount of $.8100 per gallon; and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Shore Line Oil Company, Inc. for said Fuel Oil #2. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby accepts the bid of the lowest responsible bidder meeting specifications for Cleaning of Police Uniforms (Trousers, Blouses and Shirts) , namely Excelsior Cleaners in the amount of $4.75; and be it further RESOLVED, that the Supervisor is hereby authorized to enter into a contract with Excelsior Cleaners for cleaning Police Uniforms (Trousers, Blouses and Shirts) . 7. Authorization - Fifth Avenue Sewer Project Town Administrator Stephen Altieri reported that the Contractor of the above captioned project advised of an existing condition that had not been contemplated in the base bid and the submission of a bill for the extra work required. Mr. Altieri also noted the various procedures he followed at that point and the investigation he undertook by meeting with the Contractor and -8- officials of the Westchester Joint Water Works on several occasions. He further stated that it was concluded that the Town would be required to contribute $5,764 and the Westchester Joint Water Works' share would be $21,852. On motion by Councilman Bloom, who congratulated the Administrator on his handling of this matter, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Town Administrator is hereby authorized to expend the additional amount of $5,764 in contingency funds for the Fifth Avenue Sewer Project. 8. Authorization - Open Money Market Account Following the Administrator's explanation of the establishment of the Capital .Projects Fund, on motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes that a Money Market Account for the Capital Projects Fund be opened with the Barclays Bank of New York; and be it further RESOLVED, that hereafter all deposits and withdrawals shall be authorized when signed by the signature or facsimile signature of Carmine A. DeLuca, comptroller, and Dolores A. Battalia, Supervisor, or Genevieve F. Soriano, Deputy Comptroller, and Dolores A. Battalia, Supervisor. NOT ON AGENDA - Urban County Community Development Block Grant Funds Requests The Supervisor reviewed the request of CAP's Area Director for endorsement of their proposed projects, noting this Board's embarrassing position in competing with another local agency since the Town's joint application with Larchmont Village for various flood control measures is being prepared. Mrs. Battalia suggested that she write to Mrs. Brewer-Villa advising of the Board's position and then asked the Administrator to give a status report on the Town/Village application. Mr. Altieri reviewed his and Mr. Kellogg's preparation of the application, giving specifics of the projects included, but noted that the Larchmont Village Board had adopted a resolution limited to the three (3) projects originally discussed and proposed. It was noted that steps are being taken to seek - approval of the Larchmont Village Board.to amend that resolution to include the additional project so that the application can be timely submitted with all projects intact. CAC Chairman, C. Alan Mason then reviewed in specific detail the fourth project to reestablish a temporary detention area in the stream near Badger Camp in the vicinity of Rockland Avenue. -9- NOT ON AGENDA - Internship Program Supervisor Battalia spoke about the proposal to utilize interns in Town government and introduced Mrs. Rosalind Weinstein of Vine Road, who is studying at New York University who started at the Town Office on this date. Councilwoman Silverstone noted that interns have already been used in the Recreation Department. WRITTEN COMMUNICATIONS There were no written communications to come before the Board. ORAL COMMUNICATIONS No one wished to address the Board. PROCLAMATIONS a) American History Month Following Councilman Bloom's presentation of said Proclamation and on his motion, seconded by Councilman Amlicke, the following was issued: (see page 11) b) Black History Month Supervisor Battalia presented the Proclamation which was drafted by Mrs. Cora Rust, Chairperson of the Town Human Rights Commission, and on motion by Councilman Bloom, seconded by Councilman Lerman, the following was unanimously issued: (see page 12) -10- P R O C L A M A T I O N WHEREAS, during two hundred and nine years of American independence our nation has grown in strength and remained stable and free; and WHEREAS, the accomplishments of our country and its people in every field of human endeavor have provided impressive evidence of the positive influence of a free, open and democratic society; and WHEREAS, the United States has shared with nations and peoples in all parts of our planet the abundance of our agriculture, the results of our scientific progress, and the compassion of our people for those in need, whether due to natural disaster or of human making; and WHEREAS, these qualities and accomplishments of our nation are deeply grounded in the wisdom and spirit of the founders of our country whose foresight and courage, and human understanding was embodied in the basic law of our land, the Constitution, which they drafted and adopted; and WHEREAS, their strength and wisdom was enhanced by the experience of the early settlers of the thirteen colonies in establishing settlements in the wilderness of the American continent such as the Town of Mamaroneck which celebrates in 1985 its three hundred twenty fifth year; and WHEREAS, the lessons of our history, in both its successes and its mistakes, furnish invaluable guidance to those of us who bear the responsibility to preserve and build upon the benefits of our free open and democratic society for ourselves and future generations; NOW, THEREFORE, the Town Board of the Town of Mamaroneck, convened at its regular meeting of January 23, 1985 does hereby unanimously RESOLVE that the month of February 1985 be, and it hereby is, proclaimed AMERICAN HISTORY MONTH in the Town of Mamaroneck, and that all residents be encouraged to reflect during this month on the meaningful lessons of our history, and to observe this month in such manner as they deem suitable to its purpose. Dolores- A-. Battalia Dorothy S. Miller Supervisor Town Clerk -11- JF4 7 P R O C L A M A T I O N WHEREAS, Black History Month has been celebrated each year in February since the 1960s; and WHEREAS, it is essential that all Americans recognize the achievements and contributions made by Black Americans in all phases of life in our country; and WHEREAS, these achievements and contributions do not only include entertainment, sports and civil rights, but they encompass the arts, business, communication, education, exploration, industry, inventions, the judiciary, literature, medicine, the military, politics, religion, and science as well; and WHEREAS, since February is set aside to focus on Black Heritage and to have citizens learn and appreciate the gifts of Black Americans in our culture; NOW, THEREFORE, BE IT RESOLVED, that I, Dolores A. Battalia, Supervisor of the Town of Mamaroneck, do hereby proclaim the month of February 1985 as BLACK HISTORY MONTH throughout the Town of Mamaroneck and urge all of its residents to join in the celebration of BLACK HISTORY MONTH and salute both past and present Black History makers. IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the Town of Mamaroneck to be affixed this lst day of February 1985. Dolores A. Battalia Supervisor Town of Mamaroneck -12- ass THE SUPERVISOR Reports Supervisor Battalia reported: a) that the first Town-wide forum on substance abuse will be held on Thursday, January 24th at the Central School. She explained the format of the meeting and encouraged all to attend. b) on the meeting held with' Senator Oppenheimer and Assemblyman Tocci during which funding for the communication system for the new police station at the Town Center and funding for improvements at Myrtle Park was discussed, as well as the matter of the transportation of nuclear waste and other items. c) on the informal meeting to be held on Friday,, Januar 25th with Larchmont Village Mayor Curnin and Mamaroneck Village Mayor Funicello to discuss how to approach cooperation among the three municipalities. d) that the 325th Anniversary Committee will hold its organization meeting at the Weaver Street Firehouse at 8:00 P.M. on Tuesday, January 29th. REPORTS OF THE COUNCILMEN AND THE COUNCILWOMAN Councilman Bloom: reported on his attendance at the Human Rights Commission meeting on Monday, January 21st, and noted that the Traffic Committee meeting had been cancelled due to the cold weather and rescheduled for Monday, January 28th. Councilman Amlicke: reported on the communication received from Town resident Frank Clemens regarding Larchmont Village's recent adoption of a noise ordinance which precipitated some discussion. The Supervisor advised that she had also received a communication from a resident and had instructed the Town Counsel to review the matter. Mr. Silverberg stated he had obtained and was reviewing the Village Law and would report to the Board with a recommendation. Councilwoman Silverstone reported: a) that the Tenants' Council has met again and is busy working to get out the first flyer to all tenants in the Town. She further noted that it is important that all tenants know that the Tenants' Council exists. b) on the meeting she and Supervisor Battalia attended with Senator Moynihan and enumerated the concerns he expressed with respect to the impact of the proposed changes in the federal tax structure; the failure of the water bill to pass; and the status of federal revenue sharing. She further stated that the Senator promised to hold hearings on the transportation of hazardous wastes and that he warned of the possibility of the discontinuance of the Section 8 Rent Subsidy. -13- Councilman Lerman reported that all three of the individuals accused of the homicide of the video store employee have now been convicted due in large part of the work of the Town Police Department which is worthy of commendation. ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was declared adjourned at 10:46 P.M. Town Administrator Town Clerk -14-